BARANGAY ALANG SALACSAC KAYAPA NUEVA VIZCAYA Tender

Description Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 4.1. The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 4.2. If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 21 5. Performance Security 5.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 5.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Ra No. 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 6. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 7. Warranty 7.1. In Case The Contractor Fails To Undertake The Repair Works Under Section 62.2.2 Of The 2016 Revised Irr, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property(ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 7.2. The Warranty Against Structural Defects/failures, Except That Occasioned-on Force Majeure, Shall Cover The Period From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. Specific Duration Of The Warranty Is Found In The Scc. 8. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 9. Termination For Other Causes Contract Termination Shall Be Initiated In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before, Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Stated In Itb Clause 4. 22 10. Dayworks Subject To The Guidelines On Variation Order In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 11. Program Of Work 11.1. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval The Said Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. The Submissions Of The Program Of Work Are Indicated In The Scc. 11.2. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 12. Instructions, Inspections And Audits The Contractor Shall Permit The Gop Or The Procuring Entity To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Of The Gop Or The Procuring Entity, As May Be Required. 13. Advance Payment The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum, Or At The Most Two Installments According To A Schedule Specified In The Scc, Subject To The Requirements In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 14. Progress Payments The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15. Operating And Maintenance Manuals 23 15.1. If Required, The Contractor Will Provide “as Built” Drawings And/or Operating And Maintenance Manuals As Specified In The Scc. 15.2. If The Contractor Does Not Provide The Drawings And/or Manuals By The Dates Stated Above, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From Payments Due To The Contractor. 24 Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Works Procured. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. 25 Special Conditions Of Contract Gcc Clause 2 45 Days From Receipt Of Ntp 4.1 Upon Receipt Of Noa 6 The Site Investigation Reports Are: 7.2 5 Years 10 A. No Dayworks Are Applicable To The Contract. 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 5 Days Of Delivery Of The Notice Of Award. 11.2 The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is Php5,000.00 13 The Amount Of The Advance Payment Is 15% Of The Total Contract Price And Schedule Of Payment 14 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 15.1 The Date By Which Operating And Maintenance Manuals Are Required Is [date]. The Date By Which “as Built” Drawings Are Required Is [date]. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is [amount In Local Currency]. 26 Section Vi. Specifications Notes On Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Or Conditioning Their Bids. In The Context Of International Competitive Bidding, The Specifications Must Be Drafted To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Economy, Efficiency, And Fairness In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation Facilitated. The Specifications Should Require That All Goods And Materials To Be Incorporated In The Works Be New, Unused, Of The Most Recent Or Current Models, And Incorporate All Recent Improvements In Design And Materials Unless Provided Otherwise In The Contract. Samples Of Specifications From Previous Similar Projects Are Useful In This Respect. The Use Of Metric Units Is Mandatory. Most Specifications Are Normally Written Specially By The Procuring Entity Or Its Representative To Suit The Works At Hand. There Is No Standard Set Of Specifications For Universal Application In All Sectors In All Regions, But There Are Established Principles And Practices, Which Are Reflected In These Pbds. There Are Considerable Advantages In Standardizing General Specifications For Repetitive Works In Recognized Public Sectors, Such As Highways, Ports, Railways, Urban Housing, Irrigation, And Water Supply, In The Same Country Or Region Where Similar Conditions Prevail. The General Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Construction, Although Not Necessarily To Be Used In A Particular Works Contract. Deletions Or Addenda Should Then Adapt The General Specifications To The Particular Works. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Goods, Materials, And Workmanship, Recognized International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Goods, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure Substantially Equal Or Higher Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Scc. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Contract To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished, And Work Performed Or Tested, The Provisions Of The Latest Current Edition Or Revision Of The Relevant Standards And Codes In Effect Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National, Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure A Substantially Equal Or Higher Quality Than The Standards And Codes Specified Will Be 2