Section 49. Pre-Procurement Conference. - Prior to the issuance of the invitation to bid, the BAC is mandated to hold a pre-procurement conference on each and every procurement, except those contracts below a certain level or amount specified in the IRR, in which case, the pre-procurement conference is optional.

In procurements involving and affecting national security, the pre-procurement conference shall be dependent upon the HoPE, having due regard to the nature, classification, sensitivity, and confidentiality of the Goods, Infrastructure Projects and Consulting Services being procured.

The pre-procurement conference shall assess the readiness of the procurement in terms of confirming the certification of availability of funds, as well as reviewing all relevant documents in relation to their adherence to the law. This shall be attended by the BAC, the end-user unit or implementing unit, or officials who prepared the Bidding Documents and the draft invitation to bid. Consultants, if any, may likewise attend the pre-procurement conference, as necessary.

For the procurement of Goods and Infrastructure Projects, the BAC, based on the recommendation of the end-user unit, shall finally determine whether the contract will be awarded to the Lowest Calculated Responsive Bid (LCRB) or the MEARB. The GPPB is authorized to adopt other award criterion, such as, but not limited to, the Most Advantageous Responsive Bid (MARB), in the procurement of Goods and Infrastructure Projects consistent with the fit-for-purpose procurement approach. The specific terms and conditions of such award criterion shall be specified in the guidelines to be issued by the GPPB.

The MEARB, as an award criterion, may be used where the consideration of assigning weights for the technical and financial aspects of the project is more appropriate to recognize both the qualitative and economic value of the bid.

The period for the conduct of pre-procurement conference shall be provided in the IRR.