Cable Tenders

Details: Description Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Philippine Bidding Documents Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory (procurement/contract No. 07) Sixth Edition July 2020 Bids And Awards Committee 2024 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 13 Section Iv. General Conditions Of Contract 19 Section V. Special Conditions Of Contract 24 Section Vi. Specifications 26 Section Vii. Drawings 55 Section Viii. Bill Of Quantities 56 Section Ix. Checklist Of Technical And Financial Documents 57 Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Invitation To Bid Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory 1. The Bureau Of Corrections, Through The National Expenditure Program (nep) Of 2025 Capital Outlay, Intends To Apply The Sum Of Two Hundred Seventy-three Million One Hundred Seventy-nine Thousand Pesos Only (₱273,179,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory With Identification Number Epa-007. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bureau Of Corrections Now Invites Bids For Provision Of A Detailed Preliminary Architectural And Engineering Design, Detailed Engineering Requirements And Actual Construction Of The Bureau Of Corrections 2-storey Dormitory At Ippf, Based On The Final Detailed Architectural And Engineering Design, To Be Approved By The Head Of Procuring Entity Or Its Duly Authorized Representative Conformably With The Minimum Standards Set Forth In The (1) Presidential Decree (pd) No. 1096, National Building Code Of The Philippines (2) Batas Pambansa (bp)blg. 344, An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Public Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices (3) National Structural Code Of The Philippines (nscp), Volume I, 2010 (4) Philippine Electrical Code (pec), 2009 (5) Revised Plumbing Code Of The Philippines (6) Revised Irr Of Ra 10575 (7) Republic Act (ra) No. 9514, Revised Fire Code Of The Philippines And (8) Applicable Local Regulations And Ordinances. Completion Of The Works Is Required Within Three Hundred Sixty-five (365) Calendar Days. Bidders Should Have Completed A Contract Similar To The Project Amounting To At Least Fifty Percent (50%) Of The Abc Within The Last Six (6) Years. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act.” Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Cooperatives, And Partnerships Or Organizations With At Least Seventy-five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Bureau Of Corrections And Inspect The Bidding Documents At The Address Given Below From Monday To Friday From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On 07 December 2024 From The Given Address And Website(s) Below. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Bucor.gov.ph, Provided That Bidders Shall Pay The Applicable Fee Of Fifty Thousand (₱50,000.00) Pesos Only For The Bidding Documents Not Later Than The Submission Of Their Bids. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person Or By Facsimile. 6. The Bureau Of Corrections Will Hold A Pre-bid Conference On 16 December 2024 (1:30pm) At Bac Conference Room Nbp Reservation Muntinlupa City, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below, On Or Before 30 December 2024 (1:29 Pm). Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 15. 9. Bid Opening Shall Be On 30 December 2024 (1:30 Pm) At The Bac Conference Room Nbp Reservation Muntinlupa City. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Bureau Of Corrections Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Ma. Adoracion I. Viñas Office Of The Bac Secretariat Supply Office, Bureau Of Corrections, Muntinlupa City Tel # 02-8809-8587/02-8478-0907 Bacsec2022@gmail.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Bucor.gov.ph Date Of Issue: 07 December 2024 Ccsupt Celso S Bravo Chairperson, Bids And Awards Committee Section Ii. Instructions To Bidder 1. Scope Of Bid The Procuring Entity, Bureau Of Corrections Invites Bids For The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory, With Project Identification Number__________________. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2025 In The Amount Of Two Hundred Seventy-three Million One Hundred Seventy-nine Thousand Pesos Only (₱273,179,000.00). 2.2. The Source Of Funding Is: Nga, The National Expenditure Program 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.1. [if Procuring Entity Has Determined That Subcontracting Is Allowed During The Bidding, State:] The Bidder Must Submit Together With Its Bid The Documentary Requirements Of The Subcontractor(s) Complying With The Eligibility Criteria Stated In Itb Clause 5 In Accordance With Section 23.4 Of The 2016 Revised Irr Of Ra No. 9184 Pursuant To Section 23.1 Thereof. 7.2. [if Subcontracting Is Allowed During The Contract Implementation Stage, State:] The Supplier May Identify Its Subcontractor During The Contract Implementation Stage. Subcontractors Identified During The Bidding May Be Changed During The Implementation Of This Contract. Subcontractors Must Submit The Documentary Requirements Under Section 23.1 Of The 2016 Revised Irr Of Ra No. 9184 And Comply With The Eligibility Criteria Specified In Itb Clause 5 To The Implementing Or End-user Unit. 7.3. Subcontracting Of Any Portion Of The Project Does Not Relieve The Contractor Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Conference Room Nbp Reservation Muntinlupa City And/or Through Videoconferencing/webcasting} As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: Architectural, Engineering Design, Detailed Engineering Requirements And Construction Of Building With Concreting Works. 7.1 Subcontracting Is Not Allowed 10.3 A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: For Design Personnel: Key Personnel General Experience Relevant Experience Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience. Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience. Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years’ Experience. Experience In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel: Key Personnel General Experience Relevant Experience Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience. Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. Foreman The Foreman Must Have At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Safety Officer The Sanitary Officer Must Have At Least Two (2) Years’ Experience. Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Backhoe At Least 38hp With 0.055 To 0.160 M3 Bucket Capacity 1 Pay Loader At Least 2.5 To 9.5 M3 Bucket Capacity 1 Dump Truck At Least 10 Cu.m. 2 Generator 50kva 1 Concrete Mixers 1 Bagger 4 Welding Machines 300amp Heavy Duty 4 Submersible Dredging Pump At Least 1hp And 2” Output 1 Prospective Bidders Shall Attach The List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be. 12 No Further Instructions. 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than 2% Of The Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than 5% Of The Abc, If Bid Security Is In Surety Bond. 19.2 No Further Instructions. 20 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its; 1. Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2. Supporting Documents For The Slcc (notice Of Award And/or Notice To Proceed And Project Owner’s Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Constructors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted) 3. Certified True Copy Coming From The Issuing Agency Of Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4. Valid And Current Mayor’s Or Business Permit 5. Valid And Current Tax Clearance 6. Valid And Current Pcab License And Registration 7. Audited Financial Statement 8. Three (3) Sets Photocopy Of Eligibility And Financial Envelope Duly Marked As “copy No.1”, “copy No.2” And “copy No.3” 21 No Further Instructions. Section Iv. General Conditions Of Contract 1. 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 3.1 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. 3.2 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. 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. 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 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. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause 2 Sectional Completion Is Not Applicable The Intended Completion Date Is Three Hundred Sixty-five (365) Calendar Days From The Date Of Receipt Of The Ntp. 4.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor From The Date Of The Receipt Of Notice To Proceed (ntp). 6 No Further Instructions. 7.2 Fifteen (15) Years. 10 No Dayworks Are Applicable To The Contract. 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) 11.2 The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is One Tenth Of One Percent Of The Total Contract Price. 13 The Amount Of The Advance Payment Is Fifteen Percent (15%) Of The Contract Price Upon Submission To And Acceptance By The Bureau Of Corrections Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Bureau Of Corrections. 14 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. Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15.1 The Date By Which “as Built” Drawings Are Required Is Upon Actual Completion Of The Project. 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 Equivalent To Five Percent (5%) Of The Contract Price. Section Vi. Specifications Terms Of Reference Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison & Penal Farm Phase 3 - Two (2) Units 2-storey Dormitory Iwahig Prison And Penal Farm, Puerto Princesa, Philippines 1. Project Information 1.1 Project Description The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3 – Two (2) Units 2 – Storey Dormitory Project Represents An Essential Addition To The Existing Infrastructure, Aimed At Addressing The Pressing Need To Decongest The Bucor Prison Facilities. This Additional Facility Is Strategically Designed To Cater To The Ongoing Decongestion Program, Which Is Crucial For Ensuring The Effectiveness And Efficiency Of The National Correctional System. By Providing Additional Capacity And Resources, This Project Will Play A Vital Role In Alleviating Overcrowding And Improving Living Conditions For Inmates. This Initiative Underscores Our Commitment To Proactive Measures That Enhance Rehabilitation Efforts And Promote The Successful Reintegration Of Individuals Into Society. This Project Marks A Crucial Milestone In The Ongoing Efforts To Improve The Correctional System And Support The Rehabilitation Of Inmates. With A Focus On Security, Efficiency, And Sustainability, This Project Aims To Set A New Standard For Correctional Facilities In The Region, Prioritizing The Safety And Well-being Of Both Staff And Inmates. This Project Aims To Be Completed Within A Year, Aligning With Our Objectives For Enhancing The Correctional Infrastructure. This Timeline Underscores Our Commitment To Delivering Timely Solutions That Address The Urgent Needs Of The Correctional System And Contribute To Its Overall Improvement. The Contract Will Encompass The Design And Construction Phases Of The The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3 – Two (2) Units 2 – Storey Dormitory Situated In The New 10ha Prison Compound Within The Central Prison, Iwahig Prison And Penal Farm, Puerto Princesa, Philippines. The Budget Is Intended For Constructing Two (2) Units Of Two-storey Dormitories. The Plans And Designs Shall Be In Accordance With The Plan Of The Said Structures As Conceptualized By The Planning And Design Division (pdd) Under The Directorate For Engineering Services (des) Or As Conceptualized By The Winning Bidder If The Latter Is Found To Be Superior (as Defined In Section 3.1.1 Of This Tor). Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3 – Two (2) Units 2 – Storey Dormitory Shall Be Constructed As Per Approved Drawings, Specifications, Bill Of Materials, Scope Of Works And The General Contract Conditions Following The Guidelines As Per Annex G Of Irr Of Ra 9184. The Project Shall Have The Following Basic Components: A. Complete Detailed Architectural And Engineering Design Plans, Technical Specifications, And Design Calculations For The Construction Of The Project. Such Plans, Designs, And Technical Specifications Shall Be Subject For Review And Approval By The Bucor Pdd. The Design Development And The Contract Documents Phases Of The Design Shall Continue After The Bid Is Awarded. It Shall Likewise Be Subject For Review And Recommending Approval By The Bucor - Nhq Directorate For Engineering Services. B. The Bid Shall Be Based On The Conceptual/schematic Design Drawings Prepared By The Bucor Pdd Or That Submitted By The Winning Bidder As Defined In Section 3.1.1 Of This Tor. C. The Contractor Shall Complete The Construction Of The Following Facility Component: Note: The Contractor Is Required To Adapt The Existing Design Of The Type-b Dormitory In The Compound. I. One (1) Unit 2-storey “type B” Pdl Dormitory (20x110) With The Capacity Of 500 Pdl With 250 Units Double Decker Bed Bunks; Ii. One (1) Unit 2-storey “type B” Pdl Dormitory (10x60) With The Capacity Of 160 Pdl With 80 Units Double Decker Bed Bunks; Iii. Electrical System: Tap To Existing; Iv. Electrical System: Backup Power (three-phase Genset) Supply System With Capacity Not Less Than Total Computed Mva Load, Without Demand Factor (designed To Supply The Entire Compound Including The Future Developments), And To Include Capacitor Bank, If Necessary; V. Fire Protection System (fire & Jockey Pump, Pump House), Fire Detection Alarm System And Fire Suppression Equipment Included In Dormitory. Vi. Sanitary And Plumbing Systems: Sewerage And Drainage System (tap To Existing) Vii. Water Supply System: Sufficient Pressure To Provide Potable Water: Cistern Tank, Pumps, And Overhead Water Tank (from Point Of Source To Cistern Tank); Viii. Secondary Perimeter: 250 Ln.m Concertina/barb Wire Steel Matting Fence (see Rule Vii Of Revised Irr R.a. 10575) With 300w Integrated Solar Lights Every 3 Bays And To Include Post Towers And Gates). Ix. Cctv System: Secondary Fences And Dormitory Hallway 1.2 Contractual Framework The Contractual Arrangement To Be Used For The Project Is The Design-and-build (db) Scheme. Under This Scheme The Procuring Entity Awards A Single Contract For The Architectural/engineering Design And Construction To A Single Firm, Partnership, Corporation, Joint Venture Or Consortium. The Winning Contractor Shall Consult And Collaborate With The Bucor Pdd For The Preparation Of The Detailed Architectural Design Of The Project. The Detailed Architectural And Engineering Design Shall Be Subject For The Review And Approval By The Bucor Pdd. Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The Obligations And Liabilities Of The Contractor And Its Architect Shall Be Joint And Solidary For Purposes Of The Detailed Architectural Design Of The Project In Accordance With Article 1723 Of The Civil Code Of The Philippines And Other Pertinent Laws. The Db Scheme Of Procurement Was Recommended, Endorsed, And Adopted Pursuant To The Annex G Of Irr Of Ra 9184. 2. Scope Of Contract 2.1 Obligations Of The Winning Bidder/contractor A. Render Architectural And Allied Engineering Design Services Including Final Schematic Design Necessary For The Implementation Of The Project. The Allied Engineering Design Services Shall Include, But Shall Not Be Limited To, Design For Architectural, Civil, Structural, Electrical, Mechanical, And Plumbing. All Drawings Shall Be Generated Using Modern Modeling/drafting Software And Printed On High Quality 20” X 30” Blue Print Paper. B. Undertake Detailed Architectural And Engineering Designs (daeds) Using The Given Data Such As Topographic, Hydrographic And Cross–section Surveys, Geotechnical And Geological Investigation, And Hydrologic Investigation And Initial Schematic Design Or Design Concept Provided By The Bucor Pdd Which Conforms With The Minimum Performance Specifications And Standards (mpss); C. If Applicable, Secure Environmental Clearance Or An “environmental Compliance Certificate (ecc)”. If The Proposed Project Is Considered Outside The Purview Of The Philippine Environmental Impact Statement (eis) System, A Certificate Of Non- Coverage Or Certificate Of Exemption Shall Be Secured. D. The Project Shall Be Constructed According To The Daeds Prepared By The Winning Bidder And Approved By The Bucor And In Compliance With The Mpss As Well As Provided In Rule Vii, Section 7 Of The Irr Of Ra 10575. Likewise, Construction Includes Conformance To The Provisions Pertaining To Buildings Under The Latest Edition Of The Dpwh Standard Specifications For Public Works Structures, Volumes Ii And Iii (blue Book). The Blue Book Prescribes, Among Other Things, The Material Requirements And Construction Requirements For Different Items Of Work, Including The Tests To Be Conducted During Construction By The Dpwh-accredited Testing Laboratory. The Blue Book Incorporates Pertinent Provisions Of The American Society For Testing And Materials (astm) And American Concrete Institute (aci), Among Other Standards, Pertaining To Construction. Attention Shall Be Given To The Relevant Items Of Work In The Following Parts Of The Blue Book: Volume Ii ➢ Part A – Facilities For The Engineer ➢ Part B – Other General Requirements Volume Iii ➢ Part A – Earthwork ➢ Part B – Plain And Reinforced Concrete Works ➢ Part C – Finishing ➢ Part D – Electrical ➢ Part E – Mechanical ➢ Part I – Water Supply ➢ Part J – Flood Control And Drainage ➢ Part I-c – Drainage Works For Materials And Technologies Not Covered By The Blue Book, Or If The Proponent Intends To Use Any New Material/technology Which Is Not Accredited By The Dpwh Bureau Of Research And Standards (brs), The Proponent Shall Submit A Certification From A Recognized Foreign Or International Institution To The Effect That The New Materials Or Technology Meets The Mpss For This Project And Has Been Successfully Used In Existing Structures With Proven Integrity. The Winning Bidder Or Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Specified In Section 62.2 Of The Irr Of Ra 9184; And, F. Perform Actual Survey And Staking, Site Investigation And Soil Investigation To Obtain On Site Actual Condition; G. The Winning Bidder Or Contractor Shall Be Solely Responsible For The Design And Shall Be Held Responsible For Any Default Resulted From Improper Design. Further, Extended Liability Of The Contractor Since It Stipulated That The Works, When Completed, Shall Be Fit For The Purpose For Which It Was Intended As Defined In The Contract. 2.2 Obligations Of The Bucor A. Provide Full Information On All Requirements For The Project; B. Approve The Winning Bidder Or Contractor’s Design Without Diminishing Their Full And Sole Responsibility For The Quality And Integrity Thereof; C. Give Prompt Written Notice Thereof To Winning Bidder Or Contractor, If It Observes Or Becomes Aware Of Any Defect In The Project; D. Designate, When Necessary, Representatives Authorized To Act On Its Behalf. It Shall Examine Documents Submitted By The Winning Bidder Or Contractor And Render Decisions Pertaining Thereto Promptly, To Avoid Unreasonable Delay In The Progress Of Their Work. It Shall Observe The Procedure Of Issuing Orders To The Winning Bidder Or Contractor; E. Supervise And Monitor The Implementation Of The Project; I. Construction Monitoring And Testing Forms: • The Use Of Construction Monitoring And Testing Forms That Will Be Provide By The Bucor - Nhq Pdd Is Mandatory Throughout The Duration Of Construction. • Oversight Of These Forms Will Be Conducted By The Engineering Services (es) Of The Ippf On Behalf Of The Bucor Pdd • Ippf-es To Impose To Contractor Testing Of All Items After Installation And/or Application. Es To Send Pdd Copy Of The Test Report/s. • Ippf-es To Monitor Material Delivery Of Contractor To Ensure All Materials Installed And/or Applied Are In Accordance With The Specifications Stated On Plans And Contract Of This Project. • In Case There Would Be Substitute Or Alternative To The Original Specification Of Material/s, Ippf-es To Inform Pdd Of Such Variation. Ii. Bucor Engineer Visits: • Nhq Engineers And Architects (personnel Of Pdd) Will Conduct Site Visits On A Quarterly Basis Or Whenever Deemed Necessary To Ensure Compliance With Standards And Regulations. • Pdd Personnel To Witness The Final Testing And Commissioning Of The Systems, Equipment And Utilities Prior To Acceptance Of The Project Or Part Of The Project Thereof. Iii. Progress Billing Payment: • Ippf Es Engineers Will Provide Monthly Updates, Or As Deemed Necessary, On The Statement Of Work Accomplishment Based On The Actual Progress Of The Project, Including Reports Update. F. Pay The Accomplishment Accepted In The Conformance With The Mpss Included Under The Design And Build Contract. I. This Reports And Swa Updates Of The Ippf Es Will Be Reviewed And Approved By Pdd - Nhq Prior To Any Progress Billing Payments Being Made. 2.3 Bidding Documents The Bidding Documents For The Project Shall Govern The Conduct Of The Procurement Of The Project. 3. Scope Of Works 3.1 Planning And Design Phase 3.1.1 Preliminary Architectural Plan (pap) By Bidder The Approved Concept Design Shall Adopt The Provisions Indicated In Rule Vii, Section 7 Of The Irr Of Ra 10575. Bidders Shall Submit Also An Alternative Design Concept With Respect To The Actual Site Condition. This Alternative Design By The Winning Bidder Shall Be Adopted Should The Same Be Found To Be Superior Than The One Conceptualized By The Bucor Pdd. 3.1.2 Detailed Architectural And Engineering Design (daed) By The Winning Bidder During The Implementation Of The Project, The Winning Bidder Shall Prepare The Daed Of The Project And Submit The Same To The Bucor For Approval Prior To The Execution Of The Construction Works. The Winning Bidder Shall Prepare The Daed Based On Its Pap As Reviewed And Accepted By The Bucor Pdd And In Accordance With The Minimum Performance Standards And Specifications (mpss). The Daed Shall Be Undertaken With A Degree Of Accuracy That Will Allow Estimates To Be Made Within Approximately Plus Or Minus Five Percent (+/-5%) Of The Final Quantities. Once Approved By The Bucor, The Winning Bidder’s Daed Shall Form Part Of The Mpss. The Bucor-approved Daed, Together With The Mpss Provisions On Construction Under Section 2.0 Hereof, Shall Govern The Actual Construction Undertaken By The Winning Bidder. The Winning Bidder Shall Undertake The Necessary Field Surveys And Investigation In Accordance With The Dpwh Design Guidelines. In Carrying Out These Works, The Winning Bidder Shall Ensure That The Engineering, Environmental, Particularly During Field Investigations And The Development Of The Preliminary And Final Detailed Engineering Designs. The Winning Bidder Shall Ensure That All Designs Submitted For Approval Have Fully Taken Into Account Key Findings From The Engineering, Environmental, And That Negative Environmental Impacts Have Been Minimized Or Eliminated To The Fullest Extent Possible. 3.1.3 Architectural And Engineering Design Submittals I. Architectural Design A. The Building Should Be Designed With Structural, Electrical, Natural Or Combine Ventilation And Natural Lighting Following Building Design Standards. B. The Prospective Bidder Shall Prepare The Preliminary Architectural Plans In Accordance With The Requirements Of The National Building Code Of The Philippines, Accessibility Law (bp 344) Including All Other Applicable Laws And Local Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Site Development Plan 2. Vicinity Map 3. Perspective 4. Floor Plans 5. Elevations A. Front Elevation B. Rear Elevation C. Right Elevation D. Left Elevation 6. Sections A. Longitudinal Section B. Cross Section 7. Doors & Window Schedule 8. Plans And Details Of Stairs And Ramps 9. Schedule Of Finishes For Floors, Walls And Ceiling 10. Miscellaneous Details Ii. Structural Design A. The Proponent Shall Prepare The Necessary Structural Analysis/calculation And Design Of The Structural Members Of The Building Component In Accordance With The National Building Code Of The Philippines With Its Referral Codes Such As The Latest National Structural Code Of The Philippines. The Design For The Structure Shall Take Into Account, Among Other Things, The Seismic Requirements Of The Area To Determine The Optimum Safety Of The Whole Structure And To Minimize Possible Earthquake Damage. B. On The Basis Of The Data Obtained From The Detailed Site Investigations, Topographical/soil And Survey, Geotechnical Engineering, Foundation Investigation, Material Testing, Survey Of Existing Site Conditions, The Seismic Requirements Of The Area, The Load Requirements Of The Building And Other Investigation Required To Obtain The Data Necessary To Ensure The Safety Of The Structure, The Proposal Shall Prepare The Preliminary Structural Design Plans Of The Structure. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Structural Design Criteria And Design Notes 2. Foundation Plan 3. Floor Framing Plans 4. Schedule Of Slab, Beams And Girders 5. Schedule Of Columns 6. Schedule Of Footings 7. Structural Details Of Stairs/ramp, If Applicable 8. Roof Framing Plan, If Applicable 9. Schedule And Details Of Trusses, If Applicable 10. Road Design And Details (if Applicable) 11. Miscellaneous Details Iii. Sanitary/plumbing Design A. General • The Detailed Design Shall Conform To The General Standards Adopted By The Sanitary & Plumbing Code Of The Philippines And Other Pertinent Laws And Ordinances. • All Design Considerations/assumptions Shall Be Based On The Results Of The Technical Studies, Detailed Analyses, And Design Computations. • The Technical Drawings And Specifications Shall Clearly Indicate All The Details Required To Ascertain The Care And Thoroughness Devoted In The Preparation Of The Drawings. B. Drainage And Sewerage • The Drainage Layout Shall Show All The Required Information Such As Direction Of Flow, Manhole-to-manhole Distances, And Sizes Of Lines, Manholes/canals, Location Of Outfalls, Etc. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Sewer, Vent And Storm Drainage Layout 4. Enlarged Toilet Plan For Common And Pwd Toilets 5. Isometric Diagram 6. Miscellaneous Details 7. Drainage And Sewerage System 8. Three Chamber Septic Tank Plans And Details C. Water Supply System • The Proponent Shall Carry Out A Preliminary Detailed Design For The Water Supply Of The Project. The Design Should Be On The Basis Of The Source And Volume Of Water Supply, Water Consumption, Piping Network, And Conveyance In Accordance With The Applicable Laws, Rules And Regulations Governing Health, Safety And Sanitation. • The Contractor Shall Install Elevated Water Storage/s Per Unit Located At The Roof Deck Of The Prison Dormitories. (sufficient Capacity To Supply The Pdl) Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Water Line Layout 4. Water Line Isometric Diagram 5. Water Reservoir Plans And Details 6. Miscellaneous Details Iv. Electromechanical Design A. Fire Protection System • The Prospective Bidder Shall Prepare A Design For The Fire Protection System In Accordance To The Fire Code Of The Philippines, (irr) Of Ra 9514, And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Sprinkler System 2. Sprinkler System Isometric Diagram 3. Fire Fighting Piping System Diagram 4. Fire Alarm System Layout 5. Fire Suppression System Layout 6. Smoke Management System Layout 7. Fire Pump And Water Supply 8. Miscellaneous Details V. Electrical Design A. The Prospective Bidder Shall Prepare A Preliminary Design Plan For The Electrical And Power Supply System Of The Building In Accordance With The Electrical Code Of The Philippines, Fire Code Of The Philippines, National Building Code Of The Philippines And Other Relevant Laws And Ordinances. B. The Prospective Bidder Shall Prepare A Design For The Electrical And Power Supply System Considering Ease Of Maintenance And Prevention Of Illegal Connections Including Electrical Supply For Ceiling Fans. C. The Prospective Bidder Shall Prepare A Design For Three-phase Power Line Supply (designed To Supply The Entire Compound Including The Future Developments). Connected From Electric Local Utility To Security Compound (project Site) D. The Prospective Bidder Shall Prepare A Design For Backup Power Supply System With Capacity Not Less Than The Total Computed Mva Load, Without Demand Factor. (designed To Supply The Entire Compound Including The Future Developments). Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Power Riser Diagram 2. Power Layout System 3. Lighting Layout System 4. Local Area Network System, If Applicable 5. Grounding System 6. Load Schedules 7. Others As Applicable Vi. Other Requirements  Technical Specifications  Boring Test  Structural Design And Analysis And Computation  Final Design And Construction Plans  Upon Award Of Contract, The Contractor Shall Comply The Following: O Prepare Final Draft Of Architectural And Engineering Design Plans Incorporating All Design Refinements And Revisions Based On Project Requirement Or As May Be Required By The Bucor Pdd Within The Scope Of Design. O Submit To The Bucor Design And Build Committee (bucor-dbc) The Final Architectural And Engineering Design Plans And Specifications Duly Signed And Sealed By The Concerned Professional Architect, Engineers, Incorporating All The Necessary Revisions And Refinements For Approval By The Head Of Procuring Entity. 3.2 Construction Phase The Following Works Shall Comprise This Phase: I. Permits And Clearances, The Contractor Shall Upon Authorization Of The Head Of The Procuring Entity (hope), Make Representations With The Government Agencies Concerned To Expedite The Processing Of The Necessary Permits And Certificates Such As The Following: A. Zoning Certification And Locational Clearance B. Building /electrical/sanitary Permits C. Certificate Of Occupancy D. Environmental Clearance Certificate E. All Other Permits/clearances As May Be Required For The Construction. Ii. Mobilization, The Contractor Shall Mobilize All The Required Project Team Personnel, Equipment, Tools, And Manpower With The Required Skills And In Sufficient Number As May Be Necessary For His Efficient Undertaking Of The Project. Iii. Clearing, Grubbing And Hauling/disposal Of Debris Iv. Construction Stage As A Rule, Contract Implementation Guidelines For Procurement Of Infrastructure Projects Shall Comply With Annex “e” Of The Revised Irr Of Ra 9184. The Following Provisions Shall Supplement These Procedures: I. No Works Shall Commence Unless The Contractor Has Submitted The Prescribed Documentary Requirements And Implementing Unit Has Given Written Approval. Work Execution Shall Be In Accordance With Reviewed And Approved Documents. Ii. The Contractor Shall Be Responsible For Obtaining All Necessary Information As To Risks, Contingencies And Other Circumstances Which May Affect The Works And Shall Prepare And Submit All Necessary Documents Specified By The Implementing Unit To Meet All Regulatory Approvals As Specified In The Contract Documents. Iii. The Contractor Shall Submit A Detailed Program Of Works Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) For Approval By The Head Of The Procuring Entity (hope) That Shall Include, Among Others: A. The Order In Which It Tends To Carry Out The Work Including Anticipated Timing For Each Stage Or Design/detailed Engineering And Construction; B. Periods For Review Of Specific Outputs And Any Other Submissions And Approvals; C. Sequence Of Timing For Inspection And Tests; D. General Description Of The Design And Construction Methods To Be Adopted; E. Number Of Personnel To Be Assigned For Each Stage Of The Work; F. List Of Equipment Required On Site For Each Stage Of The Work; And G. Description Of The Quality Control System To Be Utilized For The Project. Iv. Any Errors, Omissions, Inconsistencies, Inadequate Or Failure Submitted By The Contractor That Do Not Comply With The Requirements Shall Be Rectified, Resubmitted And Reviewed At The Contractor’s Cost. If The Contractor Wishes To Modify Any Design Or Document Which Has Been Previously Submitted, Reviewed And Approved, The Contractor Shall Notify The Implementing Unit Within A Reasonable Period Of Time And Shall Shoulder The Cost Of Such Changes. V. As A Rule, Changes In Design And Construction Requirements Shall Be Limited Only To Those That Have Not Been Anticipated In The Contract Signing And Approval. The Following Guidelines Shall Govern Approval For Change Or Variation Order: A. Change Orders Resulting From Design Errors, Omissions Or Non-conformance With The Performance Specifications And Parameters And The Contract Documents By The Contractor Shall Be Implemented By The Contractor At No Additional Cost To The Bucor. B. Provided That The Contractor Suffers Delay And/or Incurs Costs Due To Changes Or Errors In The Preparation Of Performance Specification And Parameters, The Contractor Shall Be Entitled To Either One Of The Following:  An Extension Of Time For Any Such Delays Under Section 10 Of Annex “e” Of Irr-a (ra9184; Or  Payments For Such Cost As Specified In The Contract Documents, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. C. The Contract Documents Shall Include The Manner And Schedule Of Payment Specifying The Estimated Contract Amount And Installments In Which The Contract Will Be Paid. D. The Contractor Shall Be Entitled To Advance Payment Subject To The Provisions Of Section 4 Of Annex “e” Of The Revised Irr Of Ra 9184. E. The Implementing Unit Shall Monitor The Quality Control Procedures For The Design And Construction In Accordance With The Government Guidelines And Shall Issue The Proper Certificates Of Acceptance For Sections Of The Works Or Whole Of The Works As Provided For In The Contract Documents. F. The Contractor Shall Provide All Necessary Equipment, Personnel, Instruments, Documents And Others To Carry Out Specified Tests. G. This Design And Build Project Shall Have Minimum Defects Liability Period Of One (1) Year Contract Completion Or As Provided In The Contract Documents. This Is Without Prejudice To The Liabilities Imposed Upon The Engineer/architect Who Drew Up The Plans And Specification For A Building Sanctioned Under Section 1723 Of The New Civil Code Of The Philippines. H. The Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Of 15 Years For Permanent Structures/buildings And 5 Years For Roads As Specified In Section 62.2.2 Of The Revised Irr Of Ra 9184 V. As-built Plans. The Contractor Shall Cause The Preparation And Submission Of As-built Plans Duly Signed And Sealed By All Concerned Parties Involved In The Construction In The Same Sheet Size And Scale As The Original Drawings In One (1) Blue Print Copy And One (1) Reproducible Copy. Vi. General Requirements: 1. Temporary Facilities Such As Field Offices For The Bucor Inspectorate Team, Project Engineers And Quarters For Laborers; Temporary Warehouse For The Construction Material. 2. Office Furniture And Equipment, Survey Equipment And Consumables 3. Photographs: This Item Consists Of The Supply Of Equipment And Materials, I.e., Album, Necessary To Undertake Photographic Progress Activities Of The Project And Of All Cost Incidental To The Preparation And Submission Of Photographs (at Least 12 Photographs Per Day). The Quantities For Photographs Shall Be One (1) Set Of Photographs Per Month. 4. Minimum Heavy Equipment Requirement (as Needed) For Site Development Such As: No. Item Specification 1. Backhoe 0.8 Cu. M. 2. Backhoe Wheel Mounted With Breaker 0.90 Cu. M. 3. Cargo/service Truck 2-5 Mt., 160 Hp 4. Dump Truck 12 Cu. Yd. 5. Motorized Road Grader G710a, 140hp 6. Payloader 1.5 Cu. M. 7. Vibrator Roller 10 Mt 8. Bulldozer 170 Hp 9. Scraper 515 Hp 10. Truck Mounted Crane, Hydraulic Telescopic Bommer Capacity: 41 – 45 Mt. 11. Crawler Crane 41-45 Mt 12. Generator Set 300 Kw/375 Kva 13. Water Pump 100mm Suction Dia. 14. One Bagger Mixer 4-6 Ft3/min 15. Concrete Vibrator Ey20, 5hp, 32-70mm 16. Vibro Hammer 45000 Kg-m 17. Excavator 17.5 Kw Or Any Specify Types Of Heavy Equipment Needed For A Site Development Will Be Determined By The Winning Bidder. 5. Health And Safety Program Including Personal Protective Equipment (ppe) A. All Standard Safety Measures And Precautions Shall Be Exercised By The Contractor In The Course Of The Project For The Protection Of The Public And Its Workers And In Conformity With Dole Department Order No. 13, Series Of 1998. B. All Workers Shall Be Equipped With Proper Working Uniform And Identification At All Times. They Must Be Registered With The Governing Bucor Security Office And Must Comply With The Bucor’s Rules And Regulations. C. The Contractor Shall Secure His/her Own Equipment And Materials On Site. The Bucor Shall Not Be Liable To Any Losses Incurred During The Progress Of The Work. 6. Environmental Compliance 7. Communication Equipment: This Item Consists Of The Provision Of Communication Equipment. 8. Billboard 9. Traffic Management (if Applicable). Vii. Building Construction 2 Units 1 Lot One (1) Unit 2-storey “type B” Pdl Dormitory (20x110) With The Capacity Of 500 Pdl With 250 Units Double Decker Bed Bunks; One (1) Unit 2-storey “type B” Pdl Dormitory (10x60) With The Capacity Of 160 Pdl With 80 Units Double Decker Bed Bunks; With Standard Livable Area Of 4.7sqm Per Pdl-ra 10575. Provide Enhanced Natural Ventilation As Necessary. Fire Protection System (fire & Jockey Pump, Pump House), Fire Detection Alarm System And Fire Suppression Equipment To Dormitory In Accordance To Governing Laws And Regulations Requirements 1 Lot Sanitary And Plumbing Systems: Sewerage And Drainage System (tap To Existing) 1 Lot Water Supply System. Includes The Ff: Water Source, Storages, And Distribution Line. Sufficient Pressure To Provide Supply Cistern Tank, Pumps, And Overhead Water Tank (tap To Point Source). 1 Lot Electrical System: Tap To Existing; Backup Power (three-phase Genset) Supply System With Capacity Not Less Than Total Computed Mva Load, Without Demand Factor (designed To Supply The Entire Compound Including The Future Developments), And To Include Capacitor Bank, If Necessary; 1 Lot (more Or Less 250 Ln.m) Secondary Perimeter: Concertina/barb Wire Steel Matting Fence (see Rule Vii Of Revised Irr R.a. 10575) With 300w Integrated Solar Lights Every 3 Bays And (to Include Post Towers And Gates). 1 Lot Cctv System: Secondary Fences And Dormitory Hallway A. Material Specifications: A. Floor Finishes • Polished Cement Finish Prison Cell, Hallways, Staircases, And Rooms • Plain Cement Finish - Pathways. • Ramps - Anti Slip Pavers Or Tiles • Crs – Unglazed Ceramic Tiles B. Wall Finishes A. Glazed Wall Tiles - 1.8m Height. B. Plain Cement Plaster Finish - For All Buildings And Facilities C. Ceiling Finishes C. Concrete Steel Decking, If Applicable. – Coated In White Enamel D. Painting D. Semi-gloss Solvent Paint Top Coat (high-end Quality) For Interior And Exterior Walls In Two To Three Coats Application. Apply Concrete Neutralizer For Newly Finished Concrete Surfaces. Use Solvent Primer. E. Varnish Paint Finish With Weather Proof Coating – For Doors And Jambs Branded, High-end Quality (offices, Etc.), All Wooden Doors Must Have Secondary Steel Doors. F. Use Epoxy Paint Primer. Epoxy Paint Finish – For Structural Steel And All Metal Works E. Doors And Windows G. No Doors For Prison Facility Comfort Rooms With 1.20-meter Finish Wall Height (see Rule Vii, Section 7 R-irr Of Ra 10575). H. Steel Doors And Grills – For Dormitories, Gates And Other Security Areas. Sliding Doors For All Cells (see Rule Vii, Section 7 R-irr Of Ra 10575) F. Waterproofing I. Uv Resistant Polyurethane Waterproofing – For All Roof Deck With Topping Works Provided With Welded Wire Mesh. (elevated Water Tank Area) J. Cistern - Polyurethane Waterproofing G. Plumbing Works K. Upvc Pipe Series 1000 – For All Soil, Sewer, Waste, Dry And Wet Vent Piping High-end Quality L. Pprc Fusion Type – For All Water Lines High-end Quality M. Contractor Encouraged To Adapt: Lpf Flush Valve For Water Closet Or Stainless Toilet-lavatory Combination. Waterless Urinals N. Sprinkler System To All Prison Dormitories In Accordance With The Provisions Of Revised Plumbing Code Of The Philippines. 4. Approved Budget For The Contract (abc) The Approved Budget For The Contract (abc) Is Php 273,179,000.00. This Is The Ceiling For Acceptable Bids. Bids Higher Than Abc Shall Be Automatically Rejected. 5. Proposed Implementation Schedule (example): No. Of Months 1 2 4 5 6 7 8 9 10 11 12 Design Phase Construction Phase 6. Eligibility Criteria For Bidders 6.1 General The Eligibility Requirements For This Design And Build Project Shall Adopt The Provisions Of Annex “g” Of The Implementing Rules And Regulations Of Ra 9184 (e.g. Eligibility Requirement). However, If A Bidder Who Has No Experience In Db Project On Its Own May Opt To Enter A Subcontracting Agreement, Partnership, Or Joint Venture With A Design Or Engineering Firm For The Design Portion Of The Project. 6.2 Legal Requirements A. Valid Contractor’s License Issued By The Philippine Contractor’s Accreditation Board B. Valid License Of The Contractor’s Designer Issued By The Professional Regulation Commission. 6.3 Technical Requirements A. The Contractor’s Designer Must Have Designed One Structure Similar To The Project At Hand With A Construction Cost Of At Least 50 % Of The Abc. 6.4 Financial Requirements The Contractor Must Have A Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc To Be Bid Or Equivalent To Php273, 179,000.00. 7. Contents Of The Bid 7.1 In The First Envelope Class “a” Documents Legal Documents I. Philgeps Certificate Of Registration And Membership In Accordance With Section 8.5.2 Of This Irr. For Procurement To Be Performed Overseas, It Shall Be Subject To The Guidelines To Be Issued By The Gppb. (a) Ii. Pcab License And Registration, In Case Of Jv; 57 Iii. Statement Of All Ongoing Government And Private Contracts; Iv. Statement Of Slcc; V. Nfcc Computation; Vi. Jva, If Applicable; Vii. Bid Security In The Prescribed Form, Amount And Validity Period; Viii. Project Requirements, Which Shall Include The Following: 1. Organizational Chart For The Contract To Be Bid; 2. List Of Contractor’s Personnel (design And Construction), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 3. List Of Contractor’s Equipment Units Which Are Owned, Leased And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From Lessor/vendor For The Duration Of The Project. Ix. Omnibus Sworn Statement By The Prospective Bidder Or Its Authorized Representative In The Prescribed Format; X. Submission Of Preliminary Conceptual Design Plans: Class “b” Documents I. For Infrastructure Projects, Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And It’s Irr. Ii. Each Partner Of The Joint Venture Shall Submit Their Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. 1. Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) A. Location Plan/vicinity Map B. Perspective C. Floor Plans D. Front View Elevation E. Rear View Elevation F. Left Side View Elevation G. Right Side View Elevation H. Longitudinal Section I. Transverse Section 2. Design And Construction Method 3. List Of Contractor’s Personnel To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc), Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; For Design The Key Professionals And The Respective Qualifications Of The Design Personnel Shall Be As Follows: • Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. • Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. • Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Ten (5) Years’ Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel The Key Professionals And The Respective Qualifications Of The Construction Personnel Shall Be As Follows: • Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. • Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. • Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. • Foreman The Foreman Must Have At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Safety Officer The Safety Officer Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) And Must Have At Least Two (2) Years’ Experience. 4. Value Engineering Analysis Of Design And Construction. The Second Envelope (financial Proposal) Shall Contain All The Required Documents For Infrastructure Projects Under Section 25.38 Of The Irr Of R.a 9184. 7.2 In The Second Envelope – Financial Proposal The Contents Of Financial Proposal – In The Second Envelope Shall Be Governed By Section 6.1 Design And Build Scheme Of The Dpwh Procurement Manual Volume Ii - Infrastructure Main Guidelines (2016). A. Lump Sum Bid Prices, Which Shall Include The Detailed Engineering Cost, In The Prescribed Bid Form Inclusive Of Vat B. Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid For The Following: I Detailed Architectural And Engineering Design; Ii Demolition Works; And Iii Building Construction/civil Works. C. Bill Of Quantities D. Cash Flow And Payments Schedule. 8. Procedure And Criteria For Bids Evaluation For The Detailed Evaluation Of The Design And Build Proposals A Two-step Procedure Shall Be Adopted By The Bac, Which May Be Undertaken With The Assistance Of The Dbc. First-step Procedure: With The Assistance Of The Bucor Design And Build Committee (bucor-dbc), The Bac Shall Conduct The Opening, Preliminary Examination And Detailed Evaluation Of The Design And Build Proposals, As Follows: (1) The First Step Of The Evaluation Shall Involve The Review Of The Preliminary Conceptual Designs And Track Record Submitted By The Contract As Indicated In The Bidding Documents Using A Nondiscretionary “pass/fail” Criterion That Involve Compliance With The Following Requirements: A. Performance Specifications And Parameters And Degree Of Details; B. Adherence Of Preliminary Design Plans To The Required Concept Of Approach And Methodology For Detailed Engineering, Design And Construction With Emphasis On The Clarity, Feasibility, Innovativeness And Comprehensiveness Of The Plan Approach, And The Quality Of Interpretation Of Project Problems, Risks, And Suggested Solutions; And C. Quality Of Personnel To Be Assigned To The Project Which Covers Suitability Of Key Staff To Perform The Duties Of The Particular Assignments And General Qualifications And Competence Including Education And Training Of The Key Staff. 8.1 Merit Point Critera For The Bid Evaluation 8.1.1 Adherence To Performance Specifications (35 Points) A. Compliance And Adherence To Specifications: Excellent Compliance (100 Points): The Submission Fully Adheres To All Specified Project Requirements And Regulations, Demonstrating Meticulous Attention To Detail And Comprehensive Understanding Of The Tor. All Drawings And Documentation Are Accurate, Complete, And In Compliance With Relevant Standards. Good Compliance (80 Points): The Submission Largely Complies With Project Specifications And Regulations, With Minor Discrepancies. Drawings And Documentation Are Mostly Accurate And Complete, Meeting The Majority Of Requirements. Acceptable Compliance (70 Points): The Submission Satisfies Most Of The Specified Requirements And Regulations, Albeit With Some Notable Omissions Or Inconsistencies. Drawings And Documentation Are Generally Accurate And Complete, Meeting The Basic Expectations. Some Reservations (50 Points): The Submission Partially Meets The Specified Requirements And Regulations, With Several Notable Deficiencies Or Inconsistencies. There Are Significant Gaps Or Inaccuracies In The Drawings And Documentation, Raising Concerns About Compliance. Serious Reservations (20%) The Submission Falls Significantly Short Of Meeting The Specified Requirements And Regulations, With Major Deficiencies Or Inconsistencies. Drawings And Documentation Lack Essential Details Or Fail To Comply With Key Standards, Casting Doubt On The Bidder's Understanding Of The Project Scope. Unacceptable (0%) The Submission Fails To Comply With The Specified Requirements And Regulations, Lacking Essential Details And Demonstrating A Fundamental Misunderstanding Of The Project Scope. Drawings And Documentation Are Incomplete Or Inaccurate, Indicating A Lack Of Capability To Deliver The Project On Time. B. Functionality And Efficiency: Excellent (100%): The Design Optimally Utilizes Space, Facilitating Efficient Accommodation Of 500 Psdl. Layout And Design Enhance Operational Flow, Demonstrating Exceptional Foresight And Planning. Integration Of Facilities Promotes Smooth Prison Management. Good (80%): The Design Effectively Utilizes Space, With Minor Areas For Improvement In Operational Flow. Layout And Design Contribute To Efficient Prison Management, Meeting Most Functional Requirements. Acceptable (70%): The Design Adequately Utilizes Space, Meeting Basic Requirements For Accommodating 500 Psdl. Layout And Design Support Operational Flow, Though Some Improvements Are Needed For Optimal Functionality. Some Reservations (50%): The Design Partially Optimizes Space Utilization, With Notable Deficiencies In Operational Flow. Layout And Design Hinder Efficient Prison Management, Requiring Significant Adjustments For Improvement. Serious Reservations (20%): The Design Inadequately Utilizes Space, Hindering Accommodation Of 500 Psdl. Layout And Design Severely Impede Operational Flow, Indicating A Lack Of Understanding Of Functional Requirements. Unacceptable (0%): The Design Fails To Optimize Space Utilization, Lacking Consideration For Accommodating 500 Psdl. Layout And Design Pose Significant Obstacles To Efficient Prison Management, Indicating A Fundamental Misunderstanding Of Functional Requirements. C. Sustainability And Environmental Considerations: Excellent (100%): The Design Includes Robust Safety Measures And Emergency Protocols, Ensuring The Safety And Well-being Of Psdl And Staff In Accordance With Ra 10575. Good (80%): The Design Integrates Sustainable Design Principles Effectively, With Minor Opportunities For Improvement In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Adequate, Supporting Environmental Sustainability. Acceptable (70%) The Design Includes Basic Sustainable Design Principles, Meeting Minimum Requirements For Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Functional, Contributing To Environmental Sustainability. Some Reservations (50%): The Design Partially Incorporates Sustainable Design Principles, With Notable Deficiencies In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Lack Comprehensiveness, Limiting Environmental Sustainability. Serious Reservations (20%): The Design Lacks Consideration For Sustainable Design Principles, Neglecting Energy Efficiency And Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Insufficient, Undermining Environmental Sustainability. Unacceptable (0%): The Design Disregards Sustainable Design Principles, Showing No Commitment To Energy Efficiency Or Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Absent Or Inadequate, Disregarding Environmental Sustainability. D. Aesthetics And Architectural Design: Excellent (100%): The Design Exhibits Exceptional Aesthetic Appeal And Architectural Coherence, Showcasing Innovative And Visually Pleasing Elements. Consideration Of Local Architectural Vernacular And Contextual Integration Is Evident, Contributing To The Overall Excellence Of The Design. Good (80%): The Design Demonstrates Good Aesthetic Appeal And Architectural Coherence, With Some Areas For Enhancement In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Apparent, Enriching The Design. Acceptable (70%): The Design Achieves Acceptable Aesthetic Appeal And Architectural Coherence, Meeting Basic Expectations For Visual Presentation. Consideration Of Local Architectural Vernacular And Contextual Integration Is Present, Though Limited In Scope. Some Reservations (50%): The Design Lacks Significant Aesthetic Appeal And Architectural Coherence, With Notable Deficiencies In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Minimal, Detracting From The Overall Quality Of The Design. Serious Reservations (20%): The Design Exhibits Poor Aesthetic Appeal And Architectural Coherence, Failing To Engage Visually Or Inspire Interest. Consideration Of Local Architectural Vernacular And Contextual Integration Is Lacking, Diminishing The Design's Relevance And Appropriateness. Unacceptable (0%): The Design Lacks Any Aesthetic Appeal Or Architectural Coherence, Showing No Effort To Engage Visually Or Integrate With The Local Architectural Vernacular. Consideration Of Contextual Integration Is Absent, Rendering The Design Unsuitable For The Project. 8.1.2 Approach And Methodology For Detailed Engineering, Design, And Construction (40 Points) Excellent (100%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Exceptionally Clear, Feasible, Innovative, And Comprehensive. The Plan Demonstrates A High Level Of Understanding Of Project Problems, Risks, And Suggested Solutions, With Well-defined Strategies For Addressing Them. Good (80%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Clear, Feasible, And Comprehensive, With Some Innovative Elements. The Plan Adequately Addresses Project Problems, Risks, And Suggested Solutions, Though Some Areas May Require Further Development. Acceptable (70%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Satisfactorily Addresses Project Requirements, With A Basic Level Of Clarity And Feasibility. The Plan Outlines Strategies For Addressing Project Problems, Risks, And Suggested Solutions, Meeting The Minimum Expectations. Some Reservations (50%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Partially Addresses Project Requirements, With Notable Gaps In Clarity And Feasibility. The Plan Lacks Innovative Elements And May Inadequately Address Project Problems, Risks, And Suggested Solutions. Serious Reservations (20%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Demonstrates Significant Deficiencies In Clarity, Feasibility, And Comprehensiveness. The Plan Fails To Adequately Address Project Problems, Risks, And Suggested Solutions, Indicating A Lack Of Understanding Or Inadequate Planning. Unacceptable (0%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Unclear, Infeasible, And Lacks Comprehensiveness. The Plan Fails To Address Project Problems, Risks, And Suggested Solutions, Indicating A Fundamental Misunderstanding Or Disregard For Project Requirements. 8.1.3 Quality Of Personnel Assigned To The Project (25 Points) Excellent (100%): The Personnel Assigned To The Project, Including Key Staff, Are Highly Suitable And Competent To Perform Their Duties. Key Staff Members Possess Exceptional Qualifications, Competence, Education, And Training Relevant To Their Roles, Demonstrating A High Level Of Expertise And Experience. Good (80%): The Personnel Assigned To The Project, Including Key Staff, Are Suitable And Competent To Perform Their Duties Effectively. Key Staff Members Possess Relevant Qualifications, Competence, Education, And Training, Demonstrating Solid Expertise And Experience. Acceptable (70%): The Personnel Assigned To The Project, Including Key Staff, Meet The Basic Requirements For Suitability And Competence In Performing Their Duties. Key Staff Members Possess General Qualifications And Competence, Education, And Training Relevant To Their Roles, Meeting The Minimum Expectations. Some Reservations (50%): The Personnel Assigned To The Project, Including Key Staff, Demonstrate Some Suitability And Competence In Performing Their Duties, But Notable Deficiencies Are Present. Key Staff Members May Lack Certain Qualifications, Competence, Education, Or Training, Raising Concerns About Their Ability To Effectively Fulfill Their Roles. Serious Reservations (20%): The Personnel Assigned To The Project, Including Key Staff, Exhibit Significant Deficiencies In Suitability And Competence To Perform Their Duties. Key Staff Members Lack Essential Qualifications, Competence, Education, Or Training, Indicating A Lack Of Expertise Or Experience Relevant To Their Roles. Unacceptable (0%): The Personnel Assigned To The Project, Including Key Staff, Are Unsuitable And Incompetent To Perform Their Duties Effectively. Key Staff Members Lack The Necessary Qualifications, Competence, Education, And Training, Demonstrating A Fundamental Mismatch With The Requirements Of Their Roles. 8.2 Determination Of The Merit Point Score The Aggregate Of The Scores In Each Criterion Must Be 70% Or More To Pass Using The Following Formula In Equation. Description Weight (w) Rating (r) Criteria 1 35% (smax/sact) Criteria 2 40% Sact Criteria 3 25% Sact Smax = Η (100) Sact = R1 +r2 +r3 + . . .(rη) Where Η = Number Of Sub Criteria R = Rating Given To The Criteria/sub Criteria The Actual Score (sact) For Each Of The Criteria/sub Criteria Is Obtained By Adding All The Given Rating. (smax) Is The Summation Of Maximum Score Per Criteria 8.3 Passing Rate The Specific Passing Rate Value Depends On The Specific Context Of The Project, The Priorities Of The Design And Build Committee, And The Complexity Of The Requirements Outlined In Ra 10575. Based On The Provided Criteria And Descriptions, The Passing Rate For The Merit Point Criteria (mpc) Could Be Set At 75%. This Means That Bidders Must Score At Least 75% Or Higher In The Evaluation Process To Be Considered As Meeting The Minimum Requirements For The Project A. Pass Rate Per Criteria Will Be Determined Using The Formula: Score = W1*r1 + W2*r2 + W3*r3 B. A Bid Or Technical Bid That Failed In Any Of The Criteria’s Will Not Be Considered For Further Evaluation C. Score Above 75% Will Be Considered As Technically Responsive. Aggregate Score Of Less Than 75% Will Be Considered Failed, And May Be Rejected On That Basis. Second-step Procedure: Only Those Bids That Passed The Above Criteria Shall Be Subjected To The Second Step Of Evaluation. The Bac Shall Open The Financial Proposal Of Each “passed” Bidder And Shall Evaluate It Using Non-discretionary Criteria – Including Arithmetical Corrections For Computational Errors – As Stated In The Bidding Documents, And Thus Determine The Correct Total Calculated Prices. The Bac Shall Automatically Disqualify Any Total Calculated Bid Price Which Exceeds The Abc 9. Data To Be Provided By The Bucor These Data Are For Reference Only And Does Not Guarantee The Contractor That The Data Provided Are Correct, Free From Error, And Applicable To The Project At Hand. The Contractor Is Responsible For The Accuracy Or Applicability Of Any Data That He Will Use In His Design– Build Proposal And Services. Sample Data For Buildings: A. Conceptual Plans 10. Documents To Be Provided By The Contractor During Contract Implementation A. Detailed Architectural And Engineering Plans B. Design Analysis C. Survey Data D. Quantity Calculation E. Detailed Geotechnical Investigation Report F. Design Report. G. As-built Plans, (printed Including Cad Files And Bim Files (lod 500) H. Other Relevant Documents 11. Design And Build Period The Winning Bidder Shall Commence Actual Works Upon The Issuance By The Bucor Of The Notice To Proceed (ntp). The Winning Bidder Shall Complete The Daed And Submit Within The Sixty (60) Calendar Days (cds) Period To The Bucor For Review And Approval. The Contractor Shall Complete The Construction Of The Building Within 305 Cds For The Total Contract Duration Of 365 Cd. Conforme: Name Of Company In Print Signature Over Printed Name Of Authorized Representative/date Section Vii. Drawings The Conceptual Drawings Should Be Attached To This Section Or Annexed In A Separate Folder As Part Of The First Envelope (technical Component Envelope). Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: At Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section Section Viii. Bill Of Quantities The Bill Of Quantities Should Be Attached To This Section As Part Of The Second Envelope (financial Component Envelope). Section Ix. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc) And Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate Or Board Resolution/partnership Resolution In Case Of A Corporation, Partnership, Or Cooperative; Or Original Notarized Special Power Of Attorney In Case Of Sole Proprietorship Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. And ⬜ (h) Conformity With The Technical Specifications (scope Of Work); And ⬜ (i) Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section ⬜ (j) Design And Construction Method And ⬜ (k) Value Engineering Analysis Of The Design And Construction Method. And Financial Documents ⬜ (l) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc. And Class “b” Documents ⬜ (m) Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And Its Irr. Each Partner Of The Joint Venture Shall Submit Their Respective Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. Ii. Financial Component Envelope ⬜ (n) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (o) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (p) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ (q) Cash Flow And Payment Schedule. Bidding Form Company Letterhead Statement Of Ongoing Government & Private Contracts Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Value Of Outstanding Works Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Six (6) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Fifty Percent (50%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: Bureau Of Corrections I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. ______________________________________________________ [insert Name Of Bidder’s Authorized Representative] _____________________________ [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ Issued On ______________ At ___________________________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Omnibus Sworn Statement Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory _________________________________________________________________________ Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory Of The Bureau Of Corrections, As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory Of The Bureau Of Corrections, As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory. 9. [name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ And Issued On ____________________ At _____________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Certificate Of Net Financial Contracting Capacity Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory (please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _____________________ (p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _________________day Of ________________, 2024 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position _______________ Date Company Letterhead Bid Form Date: Ib No: To Bids And Awards Committee Bureau Of Corrections Nbp Reservation Muntinlupa City We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitory; (b) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered Below Is: ________________________________________₱_________________; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (c) Our Bid Shall Be Valid For A Period Of 120 Calendar Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (d) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of 30% Percent Of The Contract Price For The Due Performance Of The Contract; (e) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries; (f) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (g) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (h) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (i) We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. (j) We Likewise Certify/confirm That The Undersigned, Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For The Design And Build Of Bureau Of Corrections Regional Prison Facility At Iwahig Prison And Penal Farm Phase 3-two (2) Units 2-storey Dormitoryof The Bureau Of Corrections. (k) We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________

Details: Description Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Philippine Bidding Documents Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 (epa) (procurement/contract No. 06) Sixth Edition July 2020 Bids And Awards Committee 2024 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 13 Section Iv. General Conditions Of Contract 19 Section V. Special Conditions Of Contract 24 Section Vi. Specifications 26 Section Vii. Drawings 55 Section Viii. Bill Of Quantities 56 Section Ix. Checklist Of Technical And Financial Documents 57 Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Invitation To Bid Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 1. The Bureau Of Corrections, Through The National Expenditure Program (nep) Of 2025 Capital Outlay, Intends To Apply The Sum Of One Hundred Million Pesos Only (₱100,000,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 With Identification Number Epa-006. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bureau Of Corrections Now Invites Bids For Provision Of A Detailed Preliminary Architectural And Engineering Design, Detailed Engineering Requirements And Actual Construction Of The Bureau Of Corrections Two-storey Dormitory At Dppf, Based On The Final Detailed Architectural And Engineering Design, To Be Approved By The Head Of Procuring Entity Or Its Duly Authorized Representative Conformably With The Minimum Standards Set Forth In The (1) Presidential Decree (pd) No. 1096, National Building Code Of The Philippines (2) Batas Pambansa (bp)blg. 344, An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Public Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices (3) National Structural Code Of The Philippines (nscp), Volume I, 2010 (4) Philippine Electrical Code (pec), 2009 (5) Revised Plumbing Code Of The Philippines (6) Revised Irr Of Ra 10575 (7) Republic Act (ra) No. 9514, Revised Fire Code Of The Philippines And (8) Applicable Local Regulations And Ordinances. Completion Of The Works Is Required Within Three Hundred Sixty-five (365) Calendar Days. Bidders Should Have Completed A Contract Similar To The Project Amounting To At Least Fifty Percent (50%) Of The Abc Within The Last Six (6) Years. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act.” Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Cooperatives, And Partnerships Or Organizations With At Least Seventy-five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Bureau Of Corrections And Inspect The Bidding Documents At The Address Given Below From Monday To Friday From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On December 7, 2024 From The Given Address And Website(s) Below. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Bucor.gov.ph, Provided That Bidders Shall Pay The Applicable Fee Of Fifty Thousand (₱50,000.00) Pesos Only For The Bidding Documents Not Later Than The Submission Of Their Bids. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person Or By Facsimile. 6. The Bureau Of Corrections Will Hold A Pre-bid Conference On 16 December 2024 (1:30 Pm.) At Bac Conference Room Nbp Reservation Muntinlupa City, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below, On Or Before 30 December 2024 (1:29 Pm). Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 15. 9. Bid Opening Shall Be On 30 December 2024 (1:30 Pm) At The Bac Conference Room Nbp Reservation Muntinlupa City. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Bureau Of Corrections Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Ma. Adoracion I. Viñas Office Of The Bac Secretariat Supply Office, Bureau Of Corrections, Muntinlupa City Tel # 02-8809-8587/02-8478-0907 Bacsec2022@gmail.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Bucor.gov.ph Date Of Issue: 07 December 2024 Ccsupt Celso S Bravo Chairperson, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Bureau Of Corrections Invites Bids For The Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025, With Project Identification Number__________________. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2025 In The Amount Of One Hundred Million Pesos Only (₱100,000,000.00). 2.2. The Source Of Funding Is: Nga, The National Expenditure Program 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.1. [if Procuring Entity Has Determined That Subcontracting Is Allowed During The Bidding, State:] The Bidder Must Submit Together With Its Bid The Documentary Requirements Of The Subcontractor(s) Complying With The Eligibility Criteria Stated In Itb Clause 5 In Accordance With Section 23.4 Of The 2016 Revised Irr Of Ra No. 9184 Pursuant To Section 23.1 Thereof. 7.2. [if Subcontracting Is Allowed During The Contract Implementation Stage, State:] The Supplier May Identify Its Subcontractor During The Contract Implementation Stage. Subcontractors Identified During The Bidding May Be Changed During The Implementation Of This Contract. Subcontractors Must Submit The Documentary Requirements Under Section 23.1 Of The 2016 Revised Irr Of Ra No. 9184 And Comply With The Eligibility Criteria Specified In Itb Clause 5 To The Implementing Or End-user Unit. 7.3. Subcontracting Of Any Portion Of The Project Does Not Relieve The Contractor Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Conference Room Nbp Reservation Muntinlupa City And/or Through Videoconferencing/webcasting} As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: Architectural, Engineering Design, Detailed Engineering Requirements And Construction Of Building With Concreting Works. 7.1 Subcontracting Is Not Allowed 10.3 A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: For Design Personnel: Key Personnel General Experience Relevant Experience Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience. Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience. Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years’ Experience. Experience In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel: Key Personnel General Experience Relevant Experience Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience. Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. Foreman The Foreman Must Have At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Safety Officer The Sanitary Officer Must Have At Least Two (2) Years’ Experience. Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Backhoe At Least 38hp With 0.055 To 0.160 M3 Bucket Capacity 1 Pay Loader At Least 2.5 To 9.5 M3 Bucket Capacity 1 Dump Truck At Least 10 Cu.m. 2 Generator 50kva 1 Concrete Mixers 1 Bagger 4 Welding Machines 300amp Heavy Duty 4 Submersible Dredging Pump At Least 1hp And 2” Output 1 Prospective Bidders Shall Attach The List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be. 12 No Further Instructions. 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than 2% Of The Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than 5% Of The Abc, If Bid Security Is In Surety Bond. 19.2 No Further Instructions. 20 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its; 1. Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2. Supporting Documents For The Slcc (notice Of Award And/or Notice To Proceed And Project Owner’s Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Constructors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted) 3. Certified True Copy Coming From The Issuing Agency Of Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4. Valid And Current Mayor’s Or Business Permit 5. Valid And Current Tax Clearance 6. Valid And Current Pcab License And Registration 7. Audited Financial Statement 8. Three (3) Sets Photocopy Of Eligibility And Financial Envelope Duly Marked As “copy No.1”, “copy No.2” And “copy No.3” 21 No Further Instructions. Section Iv. General Conditions Of Contract 1. 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 3.1 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. 3.2 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. 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. 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 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. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause 2 Sectional Completion Is Not Applicable The Intended Completion Date Is Three Hundred Sixty-five (365) Calendar Days From The Date Of Receipt Of The Ntp. 4.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor From The Date Of The Receipt Of Notice To Proceed (ntp). 6 No Further Instructions. 7.2 Fifteen (15) Years. 10 No Dayworks Are Applicable To The Contract. 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) 11.2 The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is One Tenth Of One Percent Of The Total Contract Price. 13 The Amount Of The Advance Payment Is Fifteen Percent (15%) Of The Contract Price Upon Submission To And Acceptance By The Bureau Of Corrections Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Bureau Of Corrections. 14 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. Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15.1 The Date By Which “as Built” Drawings Are Required Is Upon Actual Completion Of The Project. 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 Equivalent To Five Percent (5%) Of The Contract Price. Section Vi. Specifications Terms Of Reference Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Panabo City, Davao Del Norte, Philippines 1. Project Information 1.1 Project Description The Design And Build Of Two (2) Units 2-storey Dormitory At Dppf Project Represents An Essential Addition To The Existing Infrastructure, Aimed At Addressing The Pressing Need To Decongest The Bucor Prison Facilities. This Additional Facility Is Strategically Designed To Cater To The Ongoing Decongestion Program, Which Is Crucial For Ensuring The Effectiveness And Efficiency Of The National Correctional System. By Providing Additional Capacity And Resources, This Project Will Play A Vital Role In Alleviating Overcrowding And Improving Living Conditions For Inmates. This Initiative Underscores Our Commitment To Proactive Measures That Enhance Rehabilitation Efforts And Promote The Successful Reintegration Of Individuals Into Society. This Project Marks A Crucial Milestone In The Ongoing Efforts To Improve The Correctional System And Support The Rehabilitation Of Inmates. With A Focus On Security, Efficiency, And Sustainability, This Project Aims To Set A New Standard For Correctional Facilities In The Region, Prioritizing The Safety And Well-being Of Both Staff And Inmates. This Project Aims To Be Completed Within A Year, Aligning With Our Objectives For Enhancing The Correctional Infrastructure. This Timeline Underscores Our Commitment To Delivering Timely Solutions That Address The Urgent Needs Of The Correctional System And Contribute To Its Overall Improvement. The Contract Will Encompass The Design And Construction Phases Of The Build Of Two (2) Units 2-storey Dormitory At Dppf, Situated Beside The Maximum Security Compound. The Plans And Designs Shall Be In Accordance With The Plan Of The Said Structures As Conceptualized By The Planning And Design Division (pdd) Under The Directorate For Engineering Services (des) Or As Conceptualized By The Winning Bidder If The Latter Is Found To Be Superior (as Defined In Section 3.1.1 Of This Tor). Contractors Shall Be Required To Conduct A Bucor-led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Of Any Data Presented By The Contractor. The Design And Build Of Two (2) Units 2-storey Dormitory At Dppf Shall Be Constructed As Per Approved Drawings, Specifications, Bill Of Materials, The Scope Of Works, And The General Contract Conditions Following The Guidelines As Per Annex G Of Irr Of Ra 9184. The Final Location Might Be Changed The Project Shall Have The Following Basic Components: A. Complete Detailed Architectural And Engineering Design Plans, Technical Specifications, And Design Calculations For The Construction Of The Project. Such Plans, Designs, And Technical Specifications Shall Be Subject To Review And Approval By The Bucor Pdd. The Design Development And The Contract Documents Phases Of The Design Shall Continue After The Bid Is Awarded. It Shall Likewise Be Subject To Review And Approval By The Directorate For Engineering Services B. The Bid Shall Be Based On The Conceptual/schematic Design Drawings Prepared By The Bucor Pdd Or That Submitted By The Winning Bidder As Defined In Section 3.1.1 Of This Tor. C. The Contractor Shall Complete The Construction Of The Following Facility Component: I. Two (2) Units 2-storey “type B” Dormitory With A Design Capacity Of 150 Psdl Per Building; Ii. Fire Protection System, Fire Detection Alarm System, And Fire Suppression Equipment Included In Dormitories, Fire And Jockey Pumps; Iii. Electrical System: Three-phase Power Line Supply, Connected From The Local Electric Utility; Iv. Sanitary And Plumbing Systems: Sewerage And Drainage Systems; V. Water Supply System With Sufficient Pressure To Provide The Water Requirement Of The Psdl. The System Is Composed Of A Cistern Tank, Pumps, And An Elevated Water Storage With A Minimum Capacity Of 14,250l (4000 Gal.) Per Dormitory; And, Vi. Bunkbeds For 300 Psdl (design And Specification For Pdd Approval). 1.2 Contractual Framework The Contractual Arrangement To Be Used For The Project Is The Design-and-build (db) Scheme. Under This Scheme, The Procuring Entity Awards A Single Contract For The Architectural/engineering Design And Construction To A Single Firm, Partnership, Corporation, Joint Venture, Or Consortium. The Winning Contractor Shall Consult And Collaborate With The Bucor Pdd For The Preparation Of The Detailed Architectural Design Of The Project. The Detailed Architectural And Engineering Design Shall Be Subject To Review And Approval By The Bucor Pdd. Contractors Shall Be Required To Conduct A Bucor-led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Of Any Data Presented By The Contractor. The Obligations And Liabilities Of The Contractor And Its Architect Shall Be Joint And Solidary For Purposes Of The Detailed Architectural Design Of The Project In Accordance With Article 1723 Of The Civil Code Of The Philippines And Other Pertinent Laws. The Db Scheme Of Procurement Was Recommended, Endorsed, And Adopted Pursuant To Annex G Of Irr Of Ra 9184. 2. Scope Of Contract 2.1 Obligations Of The Winning Bidder/contractor A. Render Architectural And Allied Engineering Design Services Including Final Schematic Design Necessary For The Implementation Of The Project. The Allied Engineering Design Services Shall Include, But Shall Not Be Limited To, Design For Architectural, Civil, Structural, Electrical, Mechanical, Plumbing, And Electromechanical. All Drawings Shall Be Generated Using Modern Modeling/drafting Software And Printed On High Quality 20” X 30” Blue Print Paper. B. Undertake Detailed Architectural And Engineering Designs (daeds) Using The Given Data Such As Topographic, Hydrographic And Cross–section Surveys, Geotechnical And Geological Investigation, And Hydrologic Investigation And Initial Schematic Design Or Design Concept Provided By The Bucor Pdd Which Conforms With The Minimum Performance Specifications And Standards (mpss); C. If Applicable, Secure Environmental Clearance Or An “environmental Compliance Certificate (ecc)”. If The Proposed Project Is Considered Outside The Purview Of The Philippine Environmental Impact Statement (eis) System, A Certificate Of Non- Coverage Or Certificate Of Exemption Shall Be Secured. D. The Project Shall Be Constructed According To The Daeds Prepared By The Winning Bidder And Approved By The Bucor And In Compliance With The Mpss As Well As Provided In Rule Vii, Section 7 Of The Irr Of Ra 10575. Likewise, Construction Includes Conformance To The Provisions Pertaining To Buildings Under The Latest Edition Of The Dpwh Standard Specifications For Public Works Structures, Volumes Ii And Iii (blue Book). The Blue Book Prescribes, Among Other Things, The Material Requirements And Construction Requirements For Different Items Of Work, Including The Tests To Be Conducted During Construction By The Dpwh-accredited Testing Laboratory. The Blue Book Incorporates Pertinent Provisions Of The American Society For Testing And Materials (astm) And American Concrete Institute (aci), Among Other Standards, Pertaining To Construction. Attention Shall Be Given To The Relevant Items Of Work In The Following Parts Of The Blue Book: Volume Ii ➢ Part A – Facilities For The Engineer ➢ Part B – Other General Requirements Volume Iii ➢ Part A – Earthworks ➢ Part B – Plain And Reinforced Concrete Works ➢ Part C – Finishing ➢ Part D – Electrical ➢ Part E – Mechanical ➢ Part I – Water Supply ➢ Part I-c – Drainage Works ➢ Part J – Flood Control And Drainage For Materials And Technologies Not Covered By The Blue Book, Or If The Proponent Intends To Use Any New Material/technology That Is Not Accredited By The Dpwh Bureau Of Research And Standards (brs), The Proponent Shall Submit A Certification From A Recognized Foreign Or International Institution To The Effect That The New Materials Or Technology Meets The Mpss For This Project And Has Been Successfully Used In Existing Structures With Proven Integrity. The Winning Bidder Or Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Specified In Section 62.2 Of The Irr Of Ra 9184; And, F. The Winning Bidder Or Contractor Shall Be Solely Responsible For The Design And Shall Be Held Responsible For Any Default Resulting From Improper Design. Further, The Extended Liability Of The Contractor Since It Stipulated That The Works, When Completed, Shall Be Fit For The Purpose For Which It Was Intended As Defined In The Contract. 2.2 Obligations Of The Bucor A. Provide Full Information On All Requirements For The Project; B. Approve The Winning Bidder Or Contractor’s Design Without Diminishing Their Full And Sole Responsibility For The Quality And Integrity Thereof; C. Give Prompt Written Notice Thereof To The Winning Bidder Or Contractor, If It Observes Or Becomes Aware Of Any Defect In The Project; D. Designate, When Necessary, Representatives Authorized To Act On Its Behalf. It Shall Examine Documents Submitted By The Winning Bidder Or Contractor And Render Decisions Pertaining Thereto Promptly, To Avoid Unreasonable Delay In The Progress Of Their Work. It Shall Observe The Procedure Of Issuing Orders To The Winning Bidder Or Contractor; E. Supervise And Monitor The Implementation Of The Project; I. Construction Monitoring And Testing Forms: · The Use Of Construction Monitoring And Testing Forms That Will Be Provided By The Bucor - Nhq Pdd Is Mandatory Throughout The Duration Of Construction; · Oversight Of These Forms Will Be Conducted By The Dppf Engineering Services (dppf-es) On Behalf Of The Bucor Pdd; · Dppf-es To Impose Contractor Testing Of All Items After Installation And/or Application. Dppf- Es To Send Pdd Copy Of The Test Report/s; · Dppf - Es To Monitor Material Delivery Of Contractor To Ensure All Materials Installed And/or Applied Are In Accordance With The Specifications Stated On Plans And Contract Of This Project; And · In Case There Would Be A Substitute Or Alternative To The Original Specification Of Material/s, Dppf-es To Inform Pdd Of Such Variation. Ii. Bucor Engineer Visits: · Nhq Engineers And Architects (personnel Of Pdd) Will Conduct Site Visits Every Quarter Or Whenever Deemed Necessary To Ensure Compliance With Standards And Regulations; And, · Pdd Personnel To Witness The Final Testing And Commissioning Of The Systems, Equipment, And Utilities Prior To Acceptance Of The Project Or Part Of The Project Thereof Iii. Progress Billing Payment: · Dppf Es Engineers Will Provide Monthly Updates, Or As Deemed Necessary, On The Statement Of Work Accomplishment Based On The Actual Progress Of The Project, Including Reports Updates. F. Pay The Accomplishment Accepted In Conformance With The Mpss Included Under The Design And Build Contract. I. These Reports And Swa Updates Of The Dppf Es Will Be Reviewed And Approved By Pdd Before Any Progress Billing Payments Are Made. 2.3 Bidding Documents The Bidding Documents For The Project Shall Govern The Conduct Of The Procurement Of The Project. 3. Scope Of Works 3.1 Planning And Design Phase 3.1.1 Preliminary Architectural Plan (pap) By Bidder The Approved Concept Design Shall Adopt The Provisions Indicated In Rule Vii, Section 7 Of The Irr Of Ra 10575. Bidders Shall Submit Also An Alternative Design Concept With Respect To The Actual Site Condition. This Alternative Design By The Winning Bidder Shall Be Adapted Should The Same Be Found To Be Superior To The One Conceptualized By The Bucor Pdd. 3.1.2 Detailed Architectural And Engineering Design (daed) By The Winning Bidder During The Implementation Of The Project, The Winning Bidder Shall Prepare The Daed Of The Project And Submit The Same To The Bucor For Approval Prior To The Execution Of The Construction Works. The Winning Bidder Shall Prepare The Daed Based On Its Pap As Reviewed And Accepted By The Bucor Pdd And In Accordance With The Minimum Performance Standards And Specifications (mpss). The Daed Shall Be Undertaken With A Degree Of Accuracy That Will Allow Estimates To Be Made Within Approximately Plus Or Minus Five Percent (+/-5%) Of The Final Quantities. Once Approved By The Bucor, The Winning Bidder’s Daed Shall Form Part Of The Mpss. The Bucor-approved Daed, Together With The Mpss Provisions On Construction Under Section 2.0 Hereof, Shall Govern The Actual Construction Undertaken By The Winning Bidder. The Winning Bidder Shall Undertake The Necessary Field Surveys And Investigation In Accordance With The Dpwh Design Guidelines. In Carrying Out These Works, The Winning Bidder Shall Ensure That The Engineering, And Environmental, Particularly During Field Investigations And The Development Of The Preliminary And Final Detailed Engineering Designs. The Winning Bidder Shall Ensure That All Designs Submitted For Approval Have Fully Taken Into Account Key Findings From The Engineering, And Environmental And That Negative Environmental Impacts Have Been Minimized Or Eliminated To The Fullest Extent Possible. 3.1.3 Architectural And Engineering Design Submittals I. Architectural Design A. The Building Should Be Designed With Structural, Electrical, Natural, Or Combined Ventilation And Natural Lighting Following Building Design Standards. B. The Prospective Bidder Shall Prepare The Preliminary Architectural Plans In Accordance With The Requirements Of The National Building Code Of The Philippines, Accessibility Law (bp 344) Including All Other Applicable Laws And Local Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blueprint Paper Minimum Size) 1. Site Development Plan 2. Vicinity Map 3. Perspective 4. Floor Plans 5. Elevations A. Front Elevation B. Rear Elevation C. Right Elevation D. Left Elevation 6. Sections A. Longitudinal Section B. Cross Section 7. Doors & Window Schedule 8. Plans And Details Of Stairs And Ramps 9. Schedule Of Finishes For Floors, Walls, And Ceiling 10. Miscellaneous Details Ii. Structural Design A. The Proponent Shall Prepare The Necessary Structural Analysis/calculation And Design Of The Structural Members Of The Building Component In Accordance With The National Building Code Of The Philippines With Its Referral Codes Such As The Latest National Structural Code Of The Philippines. The Design For The Structure Shall Take Into Account, Among Other Things, The Seismic Requirements Of The Area To Determine The Optimum Safety Of The Whole Structure And To Minimize Possible Earthquake Damage. B. On The Basis Of The Data Obtained From The Detailed Site Investigations, Topographical/soil And Survey, Geotechnical Engineering, Foundation Investigation, Material Testing, Survey Of Existing Site Conditions, The Seismic Requirements Of The Area, The Load Requirements Of The Building And Other Investigation Required To Obtain The Data Necessary To Ensure The Safety Of The Structure, The Proposal Shall Prepare The Preliminary Structural Design Plans Of The Structure. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Structural Design Criteria And Design Notes 2. Foundation Plan 3. Floor Framing Plans 4. Schedule Of Slab, Beams And Girders 5. Schedule Of Columns 6. Schedule Of Footings 7. Structural Details Of Stairs/ramp, If Applicable 8. Roof Framing Plan, If Applicable 9. Schedule And Details Of Trusses, If Applicable 10. Road Design And Details (if Applicable) 11. Miscellaneous Details Iii. Sanitary/plumbing Design A. General · The Detailed Design Shall Conform To The General Standards Adopted By The Sanitary & Plumbing Code Of The Philippines And Other Pertinent Laws And Ordinances. · All Design Considerations/assumptions Shall Be Based On The Results Of The Technical Studies, Detailed Analyses, And Design Computations. · The Technical Drawings And Specifications Shall Clearly Indicate All The Details Required To Ascertain The Care And Thoroughness Devoted In The Preparation Of The Drawings. B. Drainage And Sewerage · The Drainage Layout Shall Show All The Required Information Such As Direction Of Flow, Manhole-to-manhole Distances, Sizes Of Lines, Manholes/canals, Location Of Outfalls, Etc. Submittals: (at Suitable Scale On High Quality 20” X 30” Blueprint Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Sewer, Vent, And Storm Drainage Layout 4. Enlarged Toilet Plan For Common And Pwd Toilets 5. Isometric Diagram 6. Miscellaneous Details 7. Drainage And Sewerage System 8. Three Chamber Septic Tank Plans And Details C. Water Supply System · The Proponent Shall Carry Out A Preliminary Detailed Design For The Water Supply Of The Project. The Design Should Be On The Basis Of The Source And Volume Of Water Supply, Water Consumption, Piping Network, And Conveyance In Accordance With The Applicable Laws, Rules, And Regulations Governing Health, Safety, And Sanitation. · The Contractor Shall Install Elevated Water Storage/s Per Unit Located Near Each Dormitory (sufficient Capacity To Supply The Pdl). Submittals: (at Suitable Scale On High Quality 20” X 30” Blueprint Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Water Line Layout 4. Water Line Isometric Diagram 5. Water Reservoir Plans And Details (cistern And Elevated Water Tank) 6. Miscellaneous Details Iv. Electrical Design A. The Prospective Bidder Shall Prepare A Preliminary Design Plan For The Electrical And Power Supply System Of The Building In Accordance With The Electrical Code Of The Philippines, Fire Code Of The Philippines, National Building Code Of The Philippines, And Other Relevant Laws And Ordinances. B. The Prospective Bidder Shall Prepare A Design For The Electrical And Power Supply System Considering Ease Of Maintenance And Prevention Of Illegal Connections Including Electrical Supply For Ceiling Fans. C. The Prospective Bidder Shall Prepare A Design For A Three-phase Power Line Supply (designed To Supply The Entire Compound Including The Future Developments). Connected From Electric Local Utility To The Security Compound (project Site) Submittals: (at Suitable Scale On High Quality 20” X 30” Blueprint Paper Minimum Size) 1. Power Riser Diagram 2. Power Layout System 3. Lighting Layout System 4. Local Area Network System, If Applicable 5. Grounding System 6. Load Schedules 7. Others As Applicable V. Other Requirements ➢ Technical Specifications ➢ Boring Test ➢ Structural Design And Analysis And Computation ➢ Final Design And Construction Plans ➢ Upon Award Of Contract, The Contractor Shall Comply The Following: O Prepare Final Draft Of Architectural And Engineering Design Plans Incorporating All Design Refinements And Revisions Based On Project Requirement Or As May Be Required By The Bucor Pdd Within The Scope Of Design. O Submit To The Bucor Design And Build Committee (bucor-dbc) The Final Architectural And Engineering Design Plans And Specifications Duly Signed And Sealed By The Concerned Professional Architect, Engineers, Incorporating All The Necessary Revisions And Refinements For Approval By The Head Of Procuring Entity. 3.2 Construction Phase The Following Works Shall Comprise This Phase: I. Permits And Clearances, The Contractor Shall Upon Authorization Of The Head Of The Procuring Entity (hope), Make Representations With The Government Agencies Concerned To Expedite The Processing Of The Necessary Permits And Certificates Such As The Following: A. Zoning Certification And Locational Clearance B. Building /electrical/sanitary Permits C. Certificate Of Occupancy D. Environmental Clearance Certificate E. All Other Permits/clearances As May Be Required For The Construction. Ii. Mobilization, The Contractor Shall Mobilize All The Required Project Team Personnel, Equipment, Tools, And Manpower With The Required Skills And In Sufficient Numbers As May Be Necessary For His Efficient Undertaking Of The Project. Iii. Clearing, Grubbing, And Hauling/disposal Of Debris Iv. Construction Stage, As A Rule, Contract Implementation Guidelines For Procurement Of Infrastructure Projects Shall Comply With Annex “e” Of The Revised Irr Of Ra 9184. The Following Provisions Shall Supplement These Procedures: I. No Works Shall Commence Unless The Contractor Has Submitted The Prescribed Documentary Requirements And The Implementing Unit Has Given Written Approval. Work Execution Shall Be In Accordance With Reviewed And Approved Documents. Ii. The Contractor Shall Be Responsible For Obtaining All Necessary Information As To Risks, Contingencies, And Other Circumstances Which May Affect The Works And Shall Prepare And Submit All Necessary Documents Specified By The Implementing Unit To Meet All Regulatory Approvals As Specified In The Contract Documents. Iii. The Contractor Shall Submit A Detailed Program Of Works Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) For Approval By The Head Of The Procuring Entity (hope) That Shall Include, Among Others: A. The Order In Which It Tends To Carry Out The Work Including Anticipated Timing For Each Stage Or Design/detailed Engineering And Construction; B. Periods For Review Of Specific Outputs And Any Other Submissions And Approvals; C. Sequence Of Timing For Inspection And Tests; D. General Description Of The Design And Construction Methods To Be Adopted; E. Number Of Personnel To Be Assigned For Each Stage Of The Work; F. List Of Equipment Required On Site For Each Stage Of The Work; And G. Description Of The Quality Control System To Be Utilized For The Project. Iv. Any Errors, Omissions, Inconsistencies, Inadequate Or Failure Submitted By The Contractor That Do Not Comply With The Requirements Shall Be Rectified, Resubmitted And Reviewed At The Contractor’s Cost. If The Contractor Wishes To Modify Any Design Or Document Which Has Been Previously Submitted, Reviewed And Approved, The Contractor Shall Notify The Implementing Unit Within A Reasonable Period Of Time And Shall Shoulder The Cost Of Such Changes. V. As A Rule, Changes In Design And Construction Requirements Shall Be Limited Only To Those That Have Not Been Anticipated In The Contract Signing And Approval. The Following Guidelines Shall Govern Approval For Change Or Variation Order: A. Change Orders Resulting From Design Errors, Omissions Or Non-conformance With The Performance Specifications And Parameters And The Contract Documents By The Contractor Shall Be Implemented By The Contractor At No Additional Cost To The Bucor. B. Provided That The Contractor Suffers Delay And/or Incurs Costs Due To Changes Or Errors In The Preparation Of Performance Specification And Parameters, The Contractor Shall Be Entitled To Either One Of The Following: ▪ An Extension Of Time For Any Such Delays Under Section 10 Of Annex “e” Of Irr-a (ra9184; Or ▪ Payments For Such Cost As Specified In The Contract Documents, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. C. The Contract Documents Shall Include The Manner And Schedule Of Payment Specifying The Estimated Contract Amount And Installments In Which The Contract Will Be Paid. D. The Contractor Shall Be Entitled To Advance Payment Subject To The Provisions Of Section 4 Of Annex “e” Of The Revised Irr Of Ra 9184. E. The Implementing Unit Shall Monitor The Quality Control Procedures For The Design And Construction In Accordance With The Government Guidelines And Shall Issue The Proper Certificates Of Acceptance For Sections Of The Works Or Whole Of The Works As Provided For In The Contract Documents. F. The Contractor Shall Provide All Necessary Equipment, Personnel, Instruments, Documents And Others To Carry Out Specified Tests. G. This Design And Build Project Shall Have Minimum Defects Liability Period Of One (1) Year Contract Completion Or As Provided In The Contract Documents. This Is Without Prejudice To The Liabilities Imposed Upon The Engineer/architect Who Drew Up The Plans And Specification For A Building Sanctioned Under Section 1723 Of The New Civil Code Of The Philippines. H. The Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Of 15 Years For Permanent Structures/buildings And 5 Years For Roads As Specified In Section 62.2.2 Of The Revised Irr Of Ra 9184 V. As-built Plans. The Contractor Shall Cause The Preparation And Submission Of As-built Plans Duly Signed And Sealed By All Concerned Parties Involved In The Construction In The Same Sheet Size And Scale As The Original Drawings In One (1) Blue Print Copy And One (1) Reproducible Copy. Vi. General Requirements: 1. Temporary Facilities Such As Field Offices For The Bucor Inspectorate Team, Project Engineers And Quarters For Laborers; Temporary Warehouse For The Construction Material. 2. Office Furniture And Equipment, Survey Equipment And Consumables 3. Photographs: This Item Consists Of The Supply Of Equipment And Materials, I.e., Album, Necessary To Undertake Photographic Progress Activities Of The Project And Of All Cost Incidental To The Preparation And Submission Of Photographs (at Least 12 Photographs Per Day). The Quantities For Photographs Shall Be One (1) Set Of Photographs Per Month. 4. Minimum Heavy Equipment Requirement (as Needed) For Site Development Such As: No. Item Specification 1. Backhoe 0.8 Cu. M. 2. Backhoe Wheel Mounted With Breaker 0.90 Cu. M. 3. Cargo/service Truck 2-5 Mt., 160 Hp 4. Dump Truck 12 Cu. Yd. 5. Motorized Road Grader G710a, 140hp 6. Payloader 1.5 Cu. M. 7. Vibrator Roller 10 Mt 8. Truck Mounted Crane/rough Terrain Crane Capacity: 25 Mt. 9. Generator Set 100 Kva 10. Water Pump 100mm Suction Dia. 11. One Bagger Mixer 4-6 Ft3/min 12. Concrete Vibrator Ey20, 5hp, 32-70mm 13. Vibro Hammer 45000 Kg-m Or Any Specify Types Of Heavy Equipment Needed For A Site Development Will Be Determined By The Winning Bidder. 5. Health And Safety Program Including Personal Protective Equipment (ppe) A. All Standard Safety Measures And Precautions Shall Be Exercised By The Contractor In The Course Of The Project For The Protection Of The Public And Its Workers And In Conformity With Dole Department Order No. 13, Series Of 1998. B. All Workers Shall Be Equipped With Proper Working Uniform And Identification At All Times. They Must Be Registered With The Governing Bucor Security Office And Must Comply With The Bucor’s Rules And Regulations. C. The Contractor Shall Secure His/her Own Equipment And Materials On Site. The Bucor Shall Not Be Liable To Any Losses Incurred During The Progress Of The Work. 6. Environmental Compliance 7. Communication Equipment: This Item Consists Of The Provision Of Communication Equipment. 8. Billboard 9. Traffic Management (if Applicable). Vii. Building Construction 2 Unit(s) • Two (2) Units 2-storey “type B” Dormitory With A Design Capacity Of 300 Psdl Per Building. A Standard Livable Area Of 4.7 Sqm Per Pdl And A Maximum Capacity Of 10 Psdl Per Cell - Ra 10575; • Sliding Metal Cell Doors; • Floors In Polished Concrete Finished; • Exterior And Interior Walls In Paint Finished; • Ceiling – Metal Mesh In Enamel Finished; • Toilet And Bath: Floors Tiles - Unglazed Wall Tiles – Glazed Plumbing Fixtures (wc, Urinal, Lavatory) – Ceramic Floor Drains – Stainless Steel 1 Lot • Fire Protection System, Fire Detection Alarm System, And Fire Suppression Equipment Included In Dormitories, Fire And Jockey Pumps. 1 Lot • Electrical System: Three-phase Power Line Supply, Connected From The Local Electric Utility 1 Lot • Sanitary And Plumbing Systems: Sewerage And Drainage Systems 1 Lot • Water Supply System With Sufficient Pressure To Provide The Water Requirement Of The Psdl. The System Is Composed Of A Cistern Tank, Pumps, And An Elevated Water Storage With A Minimum Capacity Of 14,250l (4000 Gal.) Per Dormitory 150 Units • Double Deck Bunkbeds (design And Specification For Pdd Approval) A. Material Specifications: A. Floor Finishes · Polished Cement Finish Prison Cell, Hallways, Staircases, And Rooms · Plain Cement Finish - Pathways. · Ramps - Anti Slip Pavers Or Tiles · Crs – Unglazed Ceramic Tiles B. Wall Finishes A. Glazed Wall Tiles - 1.2 M Height. B. Plain Cement Plaster Finish - For All Buildings And Facilities C. Ceiling Finishes C. Metal Mesh In Enamel Finished D. Painting D. Semi-gloss Solvent Paint Top Coat (high-end Quality) For Interior And Exterior Walls In Two To Three Coats Application. Apply Concrete Neutralizer For Newly Finished Concrete Surfaces. Use Solvent Primer. E. Use Epoxy Paint Primer. Epoxy Paint Finish – For Structural Steel And All Metal Works E. Doors And Windows G. No Doors For Prison Facility Comfort Rooms With 1.20-meter Finish Wall Height (see Rule Vii, Section 7 R-irr Of Ra 10575). H. Steel Doors And Grills – For Dormitories, Gates, And Other Security Areas. Sliding Doors For All Cells (see Rule Vii, Section 7 R-irr Of Ra 10575) F. Waterproofing I. Toilet And Baths (second Floor) – Cementitious Waterproofing J. Cistern - Polyurethane Waterproofing G. Plumbing Works K. Upvc Pipe Series 1000 – For All Soil, Sewer, Waste, Dry And Wet Vent Piping High-end Quality L. Pprc Fusion Type – For All Water Lines High-end Quality M. Contractor Encouraged To Adapt: Lpf Flush Valve For Water Closet Or Stainless Toilet-lavatory Combination. Waterless Urinals 4. Approved Budget For The Contract (abc) The Approved Budget For The Contract (abc) Is Php 100,000,000.00. This Is The Ceiling For Acceptable Bids. Bids Higher Than Abc Shall Be Automatically Rejected. 5. Proposed Implementation Schedule (example): No. Of Months 1 2 4 5 6 7 8 9 10 11 12 Design Phase Construction Phase 6. Eligibility Criteria For Bidders 6.1. General The Eligibility Requirements For This Design And Build Project Shall Adopt The Provisions Of Annex “g” Of The Implementing Rules And Regulations Of Ra 9184 (e.g. Eligibility Requirement). However, A Bidder Who Has No Experience In Db Project On Its Own May Opt To Enter A Subcontracting Agreement, Partnership, Or Joint Venture With A Design Or Engineering Firm For The Design Portion Of The Project. 6.2. Legal Requirements A. Valid Contractor’s License Issued By The Philippine Contractor’s Accreditation Board B. Valid License Of The Contractor’s Designer Issued By The Professional Regulation Commission. 6.3. Technical Requirements A. The Contractor’s Designer Must Have Designed One Structure Similar To The Project At Hand With A Construction Cost Of At Least 50% Of The Abc. 6.4. Financial Requirements The Contractor Must Have A Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc To Be Bid Or Equivalent To Php100, 000,000.00. 7. Contents Of The Bid 7.1 In The First Envelope Class “a” Documents Legal Documents I. Philgeps Certificate Of Registration And Membership In Accordance With Section 8.5.2 Of This Irr. For Procurement To Be Performed Overseas, It Shall Be Subject To The Guidelines To Be Issued By The Gppb. (a) Ii. Pcab License And Registration, In Case Of Jv; 57 Iii. Statement Of All Ongoing Government And Private Contracts; Iv. Statement Of Slcc; V. Nfcc Computation; Vi. Jva, If Applicable; Vii. Bid Security In The Prescribed Form, Amount And Validity Period; Viii. Project Requirements, Which Shall Include The Following: 1. Organizational Chart For The Contract To Be Bid; 2. List Of Contractor’s Personnel (design And Construction), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 3. List Of Contractor’s Equipment Units Which Are Owned, Leased And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From Lessor/vendor For The Duration Of The Project. Ix. Omnibus Sworn Statement By The Prospective Bidder Or Its Authorized Representative In The Prescribed Format; X. Submission Of Preliminary Conceptual Design Plans: Class “b” Documents I. For Infrastructure Projects, Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And It’s Irr. Ii. Each Partner Of The Joint Venture Shall Submit Their Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. 1. Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) A. Location Plan/vicinity Map B. Perspective C. Floor Plans D. Front View Elevation E. Rear View Elevation F. Left Side View Elevation G. Right Side View Elevation H. Longitudinal Section I. Transverse Section Design And Construction Method 2. List Of Contractor’s Personnel To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc), Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; For Design The Key Professionals And The Respective Qualifications Of The Design Personnel Shall Be As Follows: • Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. • Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. • Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Ten (5) Years’ Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel The Key Professionals And The Respective Qualifications Of The Construction Personnel Shall Be As Follows: • Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. • Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. • Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. • Foreman The Foreman Must Have At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Safety Officer The Safety Officer Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) And Must Have At Least Two (2) Years’ Experience. 4. Value Engineering Analysis Of Design And Construction. The Second Envelope (financial Proposal) Shall Contain All The Required Documents For Infrastructure Projects Under Section 25.38 Of The Irr Of R.a 9184. 1. In The Second Envelope – Financial Proposal The Contents Of Financial Proposal – In The Second Envelope Shall Be Governed By Section 6.1 Design And Build Scheme Of The Dpwh Procurement Manual Volume Ii - Infrastructure Main Guidelines (2016). A. Lump Sum Bid Prices, Which Shall Include The Detailed Engineering Cost, In The Prescribed Bid Form Inclusive Of Vat B. Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid For The Following: I. Detailed Architectural And Engineering Design; Ii. Demolition Works; And Iii. Building Construction/civil Works. C. Bill Of Quantities D. Cash Flow And Payments Schedule. 8. Procedure And Criteria For Bids Evaluation For The Detailed Evaluation Of The Design And Build Proposals A Two-step Procedure Shall Be Adopted By The Bac, Which May Be Undertaken With The Assistance Of The Dbc. First-step Procedure: With The Assistance Of The Bucor Design And Build Committee (bucor-dbc), The Bac Shall Conduct The Opening, Preliminary Examination And Detailed Evaluation Of The Design And Build Proposals, As Follows: (1) The First Step Of The Evaluation Shall Involve The Review Of The Preliminary Conceptual Designs And Track Record Submitted By The Contract As Indicated In The Bidding Documents Using A Nondiscretionary “pass/fail” Criteria That Involve Compliance With The Following Requirements: A. Performance Specifications And Parameters And Degree Of Details; B. Adherence Of Preliminary Design Plans To The Required Concept Of Approach And Methodology For Detailed Engineering, Design And Construction With Emphasis On The Clarity, Feasibility, Innovativeness And Comprehensiveness Of The Plan Approach, And The Quality Of Interpretation Of Project Problems, Risks, And Suggested Solutions; And C. Quality Of Personnel To Be Assigned To The Project Which Covers Suitability Of Key Staff To Perform The Duties Of The Particular Assignments And General Qualifications And Competence Including Education And Training Of The Key Staff. 8.1 Merit Point Critera For The Bid Evaluation 8.1.1 Adherence To Performance Specifications (35 Points) A. Compliance And Adherence To Specifications: Excellent Compliance (100 Points): The Submission Fully Adheres To All Specified Project Requirements And Regulations, Demonstrating Meticulous Attention To Detail And Comprehensive Understanding Of The Tor. All Drawings And Documentation Are Accurate, Complete, And In Compliance With Relevant Standards. Good Compliance (80 Points): The Submission Largely Complies With Project Specifications And Regulations, With Minor Discrepancies. Drawings And Documentation Are Mostly Accurate And Complete, Meeting The Majority Of Requirements. Acceptable Compliance (70 Points): The Submission Satisfies Most Of The Specified Requirements And Regulations, Albeit With Some Notable Omissions Or Inconsistencies. Drawings And Documentation Are Generally Accurate And Complete, Meeting The Basic Expectations. Some Reservations (50 Points): The Submission Partially Meets The Specified Requirements And Regulations, With Several Notable Deficiencies Or Inconsistencies. There Are Significant Gaps Or Inaccuracies In The Drawings And Documentation, Raising Concerns About Compliance. Serious Reservations (20%) The Submission Falls Significantly Short Of Meeting The Specified Requirements And Regulations, With Major Deficiencies Or Inconsistencies. Drawings And Documentation Lack Essential Details Or Fail To Comply With Key Standards, Casting Doubt On The Bidder's Understanding Of The Project Scope. Unacceptable (0%) The Submission Fails To Comply With The Specified Requirements And Regulations, Lacking Essential Details And Demonstrating A Fundamental Misunderstanding Of The Project Scope. Drawings And Documentation Are Incomplete Or Inaccurate, Indicating A Lack Of Capability To Deliver The Project On Time. B. Functionality And Efficiency: Excellent (100%): The Design Optimally Utilizes Space, Facilitating Efficient Accommodation Of 500 Psdl. Layout And Design Enhance Operational Flow, Demonstrating Exceptional Foresight And Planning. Integration Of Facilities Promotes Smooth Prison Management. Good (80%): The Design Effectively Utilizes Space, With Minor Areas For Improvement In Operational Flow. Layout And Design Contribute To Efficient Prison Management, Meeting Most Functional Requirements. Acceptable (70%): The Design Adequately Utilizes Space, Meeting Basic Requirements For Accommodating 500 Psdl. Layout And Design Support Operational Flow, Though Some Improvements Are Needed For Optimal Functionality. Some Reservations (50%): The Design Partially Optimizes Space Utilization, With Notable Deficiencies In Operational Flow. Layout And Design Hinder Efficient Prison Management, Requiring Significant Adjustments For Improvement. Serious Reservations (20%): The Design Inadequately Utilizes Space, Hindering Accommodation Of 500 Psdl. Layout And Design Severely Impede Operational Flow, Indicating A Lack Of Understanding Of Functional Requirements. Unacceptable (0%): The Design Fails To Optimize Space Utilization, Lacking Consideration For Accommodating 500 Psdl. Layout And Design Pose Significant Obstacles To Efficient Prison Management, Indicating A Fundamental Misunderstanding Of Functional Requirements. C. Sustainability And Environmental Considerations: Excellent (100%): The Design Includes Robust Safety Measures And Emergency Protocols, Ensuring The Safety And Well-being Of Psdl And Staff In Accordance With Ra 10575. Good (80%): The Design Integrates Sustainable Design Principles Effectively, With Minor Opportunities For Improvement In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Adequate, Supporting Environmental Sustainability. Acceptable (70%) The Design Includes Basic Sustainable Design Principles, Meeting Minimum Requirements For Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Functional, Contributing To Environmental Sustainability. Some Reservations (50%): The Design Partially Incorporates Sustainable Design Principles, With Notable Deficiencies In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Lack Comprehensiveness, Limiting Environmental Sustainability. Serious Reservations (20%): The Design Lacks Consideration For Sustainable Design Principles, Neglecting Energy Efficiency And Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Insufficient, Undermining Environmental Sustainability. Unacceptable (0%): The Design Disregards Sustainable Design Principles, Showing No Commitment To Energy Efficiency Or Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Absent Or Inadequate, Disregarding Environmental Sustainability. D. Aesthetics And Architectural Design: Excellent (100%): The Design Exhibits Exceptional Aesthetic Appeal And Architectural Coherence, Showcasing Innovative And Visually Pleasing Elements. Consideration Of Local Architectural Vernacular And Contextual Integration Is Evident, Contributing To The Overall Excellence Of The Design. Good (80%): The Design Demonstrates Good Aesthetic Appeal And Architectural Coherence, With Some Areas For Enhancement In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Apparent, Enriching The Design. Acceptable (70%): The Design Achieves Acceptable Aesthetic Appeal And Architectural Coherence, Meeting Basic Expectations For Visual Presentation. Consideration Of Local Architectural Vernacular And Contextual Integration Is Present, Though Limited In Scope. Some Reservations (50%): The Design Lacks Significant Aesthetic Appeal And Architectural Coherence, With Notable Deficiencies In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Minimal, Detracting From The Overall Quality Of The Design. Serious Reservations (20%): The Design Exhibits Poor Aesthetic Appeal And Architectural Coherence, Failing To Engage Visually Or Inspire Interest. Consideration Of Local Architectural Vernacular And Contextual Integration Is Lacking, Diminishing The Design's Relevance And Appropriateness. Unacceptable (0%): The Design Lacks Any Aesthetic Appeal Or Architectural Coherence, Showing No Effort To Engage Visually Or Integrate With The Local Architectural Vernacular. Consideration Of Contextual Integration Is Absent, Rendering The Design Unsuitable For The Project. 8.1.2 Approach And Methodology For Detailed Engineering, Design, And Construction (40 Points) Excellent (100%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Exceptionally Clear, Feasible, Innovative, And Comprehensive. The Plan Demonstrates A High Level Of Understanding Of Project Problems, Risks, And Suggested Solutions, With Well-defined Strategies For Addressing Them. Good (80%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Clear, Feasible, And Comprehensive, With Some Innovative Elements. The Plan Adequately Addresses Project Problems, Risks, And Suggested Solutions, Though Some Areas May Require Further Development. Acceptable (70%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Satisfactorily Addresses Project Requirements, With A Basic Level Of Clarity And Feasibility. The Plan Outlines Strategies For Addressing Project Problems, Risks, And Suggested Solutions, Meeting The Minimum Expectations. Some Reservations (50%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Partially Addresses Project Requirements, With Notable Gaps In Clarity And Feasibility. The Plan Lacks Innovative Elements And May Inadequately Address Project Problems, Risks, And Suggested Solutions. Serious Reservations (20%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Demonstrates Significant Deficiencies In Clarity, Feasibility, And Comprehensiveness. The Plan Fails To Adequately Address Project Problems, Risks, And Suggested Solutions, Indicating A Lack Of Understanding Or Inadequate Planning. Unacceptable (0%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Unclear, Infeasible, And Lacks Comprehensiveness. The Plan Fails To Address Project Problems, Risks, And Suggested Solutions, Indicating A Fundamental Misunderstanding Or Disregard For Project Requirements. 8.1.3 Quality Of Personnel Assigned To The Project (25 Points) Excellent (100%): The Personnel Assigned To The Project, Including Key Staff, Are Highly Suitable And Competent To Perform Their Duties. Key Staff Members Possess Exceptional Qualifications, Competence, Education, And Training Relevant To Their Roles, Demonstrating A High Level Of Expertise And Experience. Good (80%): The Personnel Assigned To The Project, Including Key Staff, Are Suitable And Competent To Perform Their Duties Effectively. Key Staff Members Possess Relevant Qualifications, Competence, Education, And Training, Demonstrating Solid Expertise And Experience. Acceptable (70%): The Personnel Assigned To The Project, Including Key Staff, Meet The Basic Requirements For Suitability And Competence In Performing Their Duties. Key Staff Members Possess General Qualifications And Competence, Education, And Training Relevant To Their Roles, Meeting The Minimum Expectations. Some Reservations (50%): The Personnel Assigned To The Project, Including Key Staff, Demonstrate Some Suitability And Competence In Performing Their Duties, But Notable Deficiencies Are Present. Key Staff Members May Lack Certain Qualifications, Competence, Education, Or Training, Raising Concerns About Their Ability To Effectively Fulfill Their Roles. Serious Reservations (20%): The Personnel Assigned To The Project, Including Key Staff, Exhibit Significant Deficiencies In Suitability And Competence To Perform Their Duties. Key Staff Members Lack Essential Qualifications, Competence, Education, Or Training, Indicating A Lack Of Expertise Or Experience Relevant To Their Roles. Unacceptable (0%): The Personnel Assigned To The Project, Including Key Staff, Are Unsuitable And Incompetent To Perform Their Duties Effectively. Key Staff Members Lack The Necessary Qualifications, Competence, Education, And Training, Demonstrating A Fundamental Mismatch With The Requirements Of Their Roles. 8.2 Determination Of The Merit Point Score The Aggregate Of The Scores In Each Criterion Must Be 70% Or More To Pass Using The Following Formula In The Equation. Description Weight (w) Rating (r) Criteria 1 35% (smax/sact) Criteria 2 40% Sact Criteria 3 25% Sact Smax = Η (100) Sact = R1 +r2 +r3 + . . .(rη) Where Η = Number Of Sub-criteria R = Rating Given To The Criteria/sub-criteria The Actual Score (sact) For Each Of The Criteria/sub-criteria Is Obtained By Adding All The Given Ratings. (smax) Is The Summation Of The Maximum Score Per The Criteria 1. Passing Rate The Specific Passing Rate Value Depends On The Specific Context Of The Project, The Priorities Of The Design And Build Committee, And The Complexity Of The Requirements Outlined In Ra 10575. Based On The Provided Criteria And Descriptions, The Passing Rate For The Merit Point Criteria (mpc) Could Be Set At 75%. This Means That Bidders Must Score At Least 75% Or Higher In The Evaluation Process To Be Considered As Meeting The Minimum Requirements For The Project A. Pass Rate Per Criteria Will Be Determined Using The Formula: Score = W1*r1 + W2*r2 + W3*r3 B. A Bid Or Technical Bid That Failed In Any Of The Criteria Will Not Be Considered For Further Evaluation C. A Score Above 75% Will Be Considered Technically Responsive. Aggregate Scores Of Less Than 75% Will Be Considered Failed And May Be Rejected On That Basis. Second-step Procedure: Only Those Bids That Passed The Above Criteria Shall Be Subjected To The Second Step Of Evaluation. The Bac Shall Open The Financial Proposal Of Each “passed” Bidder And Shall Evaluate It Using Non-discretionary Criteria – Including Arithmetical Corrections For Computational Errors – As Stated In The Bidding Documents, And Thus Determine The Correct Total Calculated Prices. The Bac Shall Automatically Disqualify Any Total Calculated Bid Price That Exceeds The Abc 9. Data To Be Provided By The Bucor These Data Are For Reference Only And Do Not Guarantee The Contractor That The Data Provided Are Correct, Free From Error, And Applicable To The Project At Hand. The Contractor Is Responsible For The Accuracy Or Applicability Of Any Data That He Will Use In His Design-build Proposal And Services. Sample Data For Buildings: A. Conceptual Plans 10. Documents To Be Provided By The Contractor During Contract Implementation A. Detailed Architectural And Engineering Plans B. Design Analysis C. Survey Data D. Quantity Calculation E. Detailed Geotechnical Investigation Report F. Design Report. G. As-built Plans, (printed Including Cad Files And Bim Files (lod 500) H. Other Relevant Documents 11. Design And Build Period The Winning Bidder Shall Commence Actual Works Upon The Issuance By The Bucor Of The Notice To Proceed (ntp). The Winning Bidder Shall Complete The Daed And Submit Within The Ninety (60) Calendar Days (cds) Period To The Bucor For Review And Approval. The Contractor Shall Complete The Construction Of The Building Within 305 Cds For The Total Contract Duration Of 365 Cd. Conforme: Name Of Company In Print Signature Over Printed Name Of Authorized Representative/date Section Vii. Drawings The Conceptual Drawings Should Be Attached To This Section Or Annexed In A Separate Folder As Part Of The First Envelope (technical Component Envelope). Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: At Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section Section Viii. Bill Of Quantities The Bill Of Quantities Should Be Attached To This Section As Part Of The Second Envelope (financial Component Envelope). Section Ix. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc) And Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate Or Board Resolution/partnership Resolution In Case Of A Corporation, Partnership, Or Cooperative; Or Original Notarized Special Power Of Attorney In Case Of Sole Proprietorship Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. And ⬜ (h) Conformity With The Technical Specifications (scope Of Work); And ⬜ (i) Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section ⬜ (j) Design And Construction Method And ⬜ (k) Value Engineering Analysis Of The Design And Construction Method. And Financial Documents ⬜ (l) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc. And Class “b” Documents ⬜ (m) Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And Its Irr. Each Partner Of The Joint Venture Shall Submit Their Respective Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. Ii. Financial Component Envelope ⬜ (n) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (o) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (p) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ (q) Cash Flow And Payment Schedule. Bidding Form Company Letterhead Statement Of Ongoing Government & Private Contracts Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Value Of Outstanding Works Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Six (6) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Fifty Percent (50%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: Bureau Of Corrections I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. ______________________________________________________ [insert Name Of Bidder’s Authorized Representative] _____________________________ [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ Issued On ______________ At ___________________________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Omnibus Sworn Statement Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 _________________________________________________________________________ Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Of The Bureau Of Corrections, As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 Of The Bureau Of Corrections, As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025. 9. [name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 2024 At ____________, Philippines_____________________________________ Bidder’s Representative/authorized Signatory Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ And Issued On ____________________ At _____________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Certificate Of Net Financial Contracting Capacity Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025 (please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _____________________ (p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _________________day Of ________________, 2024 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position _______________ Date Company Letterhead Bid Form Date: Ib No: To Bids And Awards Committee Bureau Of Corrections Nbp Reservation Muntinlupa City We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025; (b) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered Below Is: ________________________________________₱_________________; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (c) Our Bid Shall Be Valid For A Period Of 120 Calendar Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (d) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of 30% Percent Of The Contract Price For The Due Performance Of The Contract; (e) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries; (f) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (g) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (h) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (i) We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. (j) We Likewise Certify/confirm That The Undersigned, Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For The Design And Build Of Two (2) Units Two-storey Dormitory At Dppf 2025of The Bureau Of Corrections. (k) We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________

Details: 2 department Of Veterans Affairs request For Qualifications (rfq) no. 36c77625q0008 dayton Va Medical Center redevelopment Opportunity dayton, Ohio 7 October 2024 date And Time Responses Due: February 7, 2025, At 3pm Est date And Time Questions Due: October 25, 2024 disclaimer the Information Presented In This Request For Qualifications And All Supplements, Revisions, Modifications, Updates, And Addenda Thereto (collectively, The Rfq ), Including (without Limitation) Narrative Descriptions And Information, Is Not Represented To Be All Of The Information That May Be Material To An Offeror S Decision To Submit A Response To This Rfq To Finance, Design, Develop, Renovate, Construct, Operate And Maintain The Project (as Defined Below) On A Portion Of The U.s. Department Of Veterans Affairs (va) Campus Named In Attachment A. neither Va, Nor Any Of Its Contractors, Subcontractors, Officers, Employees, Counsel, Advisors, Or Agents Make Any Representation Or Warranty, Whether Express, Implied, Or Created By Operation Of Law, As To The Accuracy Or Completeness Of This Rfq Or Any Of Its Contents Or Materials Referred To Or Provided Pursuant To Or In Connection With This Rfq, And No Legal Liability With Respect Thereto Is Assumed Or May Be Implied. Any Information Or Site Description Is Merely Provided To Assist Offerors In Their Independent Analysis Of The Decision To Submit A Response. The Transactions Contemplated By This Rfq Involve Significant Risks. Offerors And Their Advisors Should Review Carefully All The Information Set Forth In The Rfq And Any Additional Information Available To Them To Evaluate Such Risks. no Additional Representation Or Warranty, Whether Express, Implied, Or Created By Operation Of Law, Will Be Made By Va. No Person Has Been Authorized To Make Or Give On Behalf Of Va Any Other Written Or Oral Representation, Warranty Or Assurance With Respect To The Project Or The Accuracy Or Completeness Of The Information Provided In This Rfq Or Otherwise And, If Any Such Representation, Warranty, Or Assurance Is Made Or Given, It May Not Be Relied Upon By Any Offeror As Having Been Made By Or On Behalf Of Va, And Va Shall Not Have Any Liability For Or With Respect To Such Statements. table Of Contents 1 Executive Summary 1 1.1 Authority To Outlease 1 1.2 Rfq Terms And Condition Acceptance 2 2 Proposed Development Of Site 2 2.1 Overview Of Solicitation Structure 2 2.2 Location, Background And Description Of The Site 3 2.3 Development Considerations 3 2.3.1 National Historic Preservation Act 3 2.3.2 National Environmental Policy Act And Other Environmental Considerations 4 2.3.3 Infrastructure 4 2.3.4 Legal Considerations 4 2.3.5 Prevailing Wages 5 2.3.6 Handicap Accessibility 6 2.3.7 Eul Statutory Requirements 6 2.3.8 Hrp Statutory Requirements 6 2.3.9 Va S Goals And Objectives 6 2.3.10 Other Considerations 7 3 Lease Exhibits 7 4 Submital Requirements 8 4.1 Time And Date Of Submission 8 4.2 Manner Of Submission 8 4.3 Response Content 9 4.3.1 Cover Letter With Background And Administrative Information 10 4.3.2 Legal Requirements 11 4.3.3 Section 1: Development And Operations Concept 12 4.3.4 Section 2: Development Team Qualifications, Experience, And Past Performance 15 4.3.5 Section 3: Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance 16 4.3.6 Section 4: Financial Wherewithal And Experience Securing Financing 17 5 Evaluation Criteria 18 5.1 Initial Review 18 5.2 Formal Presentations 18 5.3 Selection Process 18 5.4 Selection Timeline 18 5.5 Evaluation Factors 19 6 Miscellaneous Terms And Conditions Applicable To This Rfq 23 6.1 Authorizations By Submission Of Response 23 6.2 Teaming Arrangements And Special Purpose Entities 23 6.3 Hold Harmless 23 7 Ineligibility 23 8 Additional Information 24 attachment A: Site Information 25 attachment B: Supportive Housing Sample Lease Exhibit Outlines 32 attachment C: Non-supportive Housing Sample Lease Exhibit Outlines 33 department Of Veterans Affairs Rfq #36c77625q0008 26 request For Qualifications dayton Va Medical Center redevelopment Opportunity dayton, Ohio executive Summary the United States Department Of Veterans Affairs (va), Under Its Enhanced-use Leasing (eul) Authority (38 United States Code (u.s.c.) §⧠8161 To 8169) And The Historic Reuse Program (hrp) Authority Derived From Title 54 U.s.c. §⧠306121-306122 (formerly Section 111), Is Pleased To Issue This Request For Qualifications (rfq Or Solicitation), Seeking Competitive Responses From Qualified Organizations (offerors) To Serve As Developer(s) In Redeveloping Underutilized Vacant Buildings (described In Attachment A) On The Dayton Va Medical Center Campus In Dayton, Ohio. Redevelopment May Occur Under Va S Eul Authority To Benefit Veterans (directly Or Indirectly) And/or Create Permanent Supportive Housing For Homeless And/or At-risk Veterans And Their Families Or Under Va S Hrp Authority To Reuse And Preserve The Historic Property. authority To Outlease va Is Authorized To Outlease Land And Improvements To Non-federal Entities Through The Eul Program Or Hrp. Such Leases Can Have A Term Of Up To Ninety-nine (99) Years. va S Office Of Asset Enterprise Management (oaem) Administers The Eul Program. The Eul Authority Allows Va To Partner With The Public Or Private Sector To Maximize Returns To Veterans From Underutilized Capital Assets. It Allows Selected Developers To Finance, Design, Develop, Renovate, Construct, Operate And Maintain Supportive Housing And/or Commercial/other Use(s) That Benefit Veterans Directly And/or Indirectly. Va Envisions That Development Of The Eul Site Will Entail Well-planned And Coordinated Endeavor, Which Is Compatible With The Campuses Ongoing Mission-related Activities And The Surrounding Non-va Community. Va S Eul Authority Allows Va To Make Capital Contributions To Eul Projects Using Minor Construction Appropriations Funds. the Hrp Authority Allows Va To Manage, Outlease, Or Exchange Historic Facilities (available Land, Buildings, And Other Resources) In A Manner Consistent With Va S Obligation To Maintain Historic Assets. An Hrp Agreement Can Be Either A Long-term Outlease (up To 99 Years) Of Facilities Under Va S Jurisdiction Of Control To The Public Or Private Sector Or An Exchange Of Historic Properties. This Program Is Administered By The Office Of Real Property (orp) Within Va S Office Of Construction And Facilities Management (ocfm). Unlike Under Eul Authority, Va Is Not Authorized To Make Capital Contributions To Projects Under Its Hrp Authority. offeror(s) Under Both Va Authorities Will Be Authorized And Responsible For Financing, Designing, Developing, Renovating, Constructing, Operating, And Maintaining The Development Site In Accordance With Detailed Development Plan Approved By Va ( Development Plan ) And Applicable Federal, State, And Local Laws, Codes, Ordinances, And Regulations. rfq Terms And Condition Acceptance va Reserves The Right, At Any Time, Without Notice, At Its Sole And Absolute Discretion, To: (a) Reject Any Or All Responses; (b) Extend Any Deadline Set Forth In This Rfq; And (c) Terminate The Rfq Process, In Whole Or In Part. proposed Development Of Site for Offerors Proposing Under Va S Eul Authority, Public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring Our Promise To Address Comprehensive Toxics Act Of 2022 (pact Act) Allows Va To Enter Into Euls That Provide Supportive Housing Or Enhance The Use Of The Leased Property By Directly Or Indirectly Benefitting Veterans. project Types May Include But Are Not Limited To: supportive Housing skilled Nursing Facilities assisted Living Facilities technical Job Training Centers research Facilities mixed-use, Etc. projects That Are Unlikely To Meet Statutory Requirements For Euls Include But Are Not Limited To: commercial Hotels warehouses, Etc. pursuant To 38 U.s.c. § 8162(b)(5), A Proposed Eul May Not Provide For Any Acquisition, Contract, Demonstration, Exchange, Grant, Incentive, Procurement, Sale, Other Transaction Authority, Service Agreement, Use Agreement, Lease, Or Lease-back By Va Or Any Other Federal Entity. Va May Only Receive Cash Consideration And No Forms Of In-kind Consideration Can Be Accepted In Lieu Of Cash Consideration. Va May Enter Into An Eul Without Receiving Consideration. for Offerors Proposing Under Hrp Authority, Va May Lease Or Exchange Its Historic Property So Long As The Lease Or Exchange Will Adequately Ensure The Preservation Of The Historic Property. overview Of Solicitation Structure through This Rfq, Va Is Presenting A Site Available For Redevelopment For An Offeror; Offerors May Submit A Single Response To This Rfq To Develop The Site Referenced In Attachment A. See Sections 4 And 5 Of This Rfq For Required Response Content And Evaluation Criteria. location, Background And Description Of The Site the Intent Of This Solicitation Is To Outline The Requirements For Selection Of A Developer(s) And Its Team(s) For Purposes Of Redeveloping Underutilized Vacant Buildings. It Is Expected That Any Redevelopment Would Also Enhance The Dayton Va Medical Center Campus. the Developer Entering Into An Eul Or Hrp Agreement With Va Will Be Responsible For All Financing, Designing, Developing, Renovating, Constructing, Operating, And Maintaining The Facility. pursuant To 38 U.s.c. §8163, Va Conducted A Public Hearing On The Eul Concept On September 26, 2022, At 6:00 Pm Est; Virtually With The Microsoft Teams Video Conference Application. attachment A Contains Additional Information Regarding The Location, Background Information, And Description Of The Subject Site. Development Considerations in Deciding Whether To Submit A Response To Develop The Proposed Site, The Offeror Should Consider Certain Factors. national Historic Preservation Act prior To Entering Into An Eul Or Hrp Agreement With Va, The Offeror Shall Work With Va To Fulfill The Requirements Of The National Historic Preservation Act, 54 U.s.c. §⧠300101, Et Seq. ( Nhpa ) In Conjunction With The Development And Finalization Of The Proposed Development Plans. Section 106 Of Nhpa, 54 U.s.c. §⧠306108, Requires The Consideration Of The Effects Of The Project On Historic Properties Listed Or Eligible For Listing In The National Register Of Historic Places (nrhp) And Provides Representatives Of The State And Local Governments, Tribes And Other Interested Consulting Parties Sufficient Opportunity To Comment On The Development Plan Prior To Execution Of The Eul Or Hrp Agreement. Section 106 Of The Nhpa Also Requires The Developer To Seek Ways To Avoid, Minimize, Or Mitigate Adverse Effects (e.g., Demolition) That The Development Plan Might Have On Any Historic Properties During The Execution Stage Of The Eul Or Hrp Agreement. Consummation Of This Effort Will Be Accomplished By Va. Va Will Act In Concert With The Offeror, When Necessary, In The Accomplishment Of Historical Compliance. For Guidelines Related To Historic Preservation Requirements, Visit Https://www.achp.gov/protecting-historic-properties. national Environmental Policy Act And Other Environmental Considerations the Eul Or Hrp Project Will Be Subject To All Applicable Federal, State, And Local Environmental Laws, Codes, Ordinances, And Regulations, Including But Not Limited To, The Comprehensive Environmental Response, Compensation, And Liability Act ( Cercla ), 42 U.s.c. §⧠9601-9675; The Resource Conservation And Recovery Act ( Rcra ), 42 U.s.c. §⧠6901, Et Seq; And The National Environmental Policy Act ( Nepa ), 42 U.s.c. §⧠4321-4347. Nepa Requires That Federal Agencies, Including Va, Identify And Evaluate The Potential Environmental Impacts Of A Major Federal Action (e.g., An Eul) On The Human Environment. Va Will Complete The Nepa Analysis Upon Va S Selection Of The Offeror. The Offeror Will Be Required To Provide Development-specific Information To Support The Analysis. The Nepa Analysis Must Be Completed By Va, Prior To Execution Of The Eul Or Hrp Agreement. The Offeror Will Be Responsible For Complying With Mitigation Requirements Of The Nepa Analysis, If Required. The Offeror Shall Comply With All Applicable Environmental Laws And Will Be Responsible For Any Required Cleanup/remediation Activities. Additionally, The Offeror Will Be Responsible For Any Necessary Environmental Studies, Reports, Site Assessments, Seismic, Etc. That Are Needed By Offeror To Meet Offeror S Obligations. Lastly, The Offeror Will Be Responsible For Complying With Any Regulatory Requirements For The Abatement And Removal Of Any Asbestos And/or Lead-containing Material. infrastructure any Available Information About Infrastructure Regarding The Site Is Included In Attachment A. It Is The Responsibility Of The Offeror To Pay Utility Providers For All Utilities Through Separate Metering. It Is The Responsibility Of The Offeror To Bring In The Necessary Utility Lines (water, Sewer, Gas, Electricity, Fiber Optics, Communication, Cable, Etc.) To Operate The Eul Or Hrp Site. Va Is Not Obligated To Provide Selected Offeror Access To Va Owned Utilities Or Resources. legal Considerations overview the Offeror Is Responsible For Conducting Its Own Due Diligence Regarding The Eul Or Hrp Site Including, Without Limitation, Whether (a) The Development Of The Eul Or Hrp Site, As Contemplated By The Response, Can Be Accomplished In Compliance With Applicable Federal, State, And Local Requirements (including Fire, Life Safety, Accessibility, Zoning, State And Local Building Codes, And Other Local Land Use Restrictions); (b) The Condition Of The Eul Or Hrp Site Is Suitable For The Offeror S Contemplated Use; (c) The Necessary Permits, Variances, Special Exceptions And Other Governmental Actions Or Approvals Required For The Contemplated Developments Can Be Reasonably Obtained (at No Cost Or Expense To Va); And (d) The Contemplated Use(s) Is Otherwise Practical And Economically Feasible. Property Is Under Concurrent Jurisdiction. Prior To The Execution Of The Lease Agreement, Offeror Will Need To Have Written Executed Agreements (e.g., Memorandum Of Understanding) Regarding Fire, Police, And Emergency Services In Place, Including Va Concurrence. taxes in Accordance With The Pertinent Provisions Of The Eul Statute (i.e., 38 U.s.c. § 8167), The Offeror During The Eul Term Will Be Subject To Any And All Applicable State And Local Taxes, Fees, Assessments, And Special Assessments Legally Chargeable To The Eul, The Offeror S Leasehold Interest, And The Offeror S Underlying Improvements. However, Neither Va S Interest In The Eul Nor The United States Fee Interest In The Underlying Properties Shall Be Subject, Directly Or Indirectly, To Any State Or Local Laws Relative To Taxation, Fees, Assessments Or Special Assessments. security offeror Is Responsible For Providing Security On The Site. The Offeror Shall Include In Their Response An Overview Of The Physical Security And Electronic Monitoring That Will Be Provided Based Upon The Individual Space Requirements And Tenant Mix Of The Proposed Eul Or Hrp Project. As Part Of The Response, It Should Be Noted That It Is The Requirement Of The Offeror To Provide Security 24/7 For The Site. energy Conservation And Sustainable Design Requirements the Va Sustainable Design Manual () Is The Guidance That Defines The Methodology To Incorporate Sustainable Design, Including Energy Efficiency, In The Eul Or Hrp Project. Va Encourages Offerors To Incorporate Sustainability Over And Above The Standards Found In The Current Va Sustainable Design Manual. In Previous Projects, Some Developers Have Proposed More Aggressive Energy Efficiency And Sustainability Milestones That Made Their Proposals, All Other Elements Considered Equal, More Attractive. To Take Advantage Of Existing Sustainability Work In The Private Sector That Is Well Accepted In The Construction Industry, Va Has Determined That Using A Third-party Rating System Is The Best Method For Fulfilling Va Sustainable Building Requirements In The Eul Or Hrp Project. The Offeror May Propose Using The Leadership In Energy And Environmental Design (leedâ®) Rating System, The Green Globesâ® Rating System, Or An Alternate Rating System. Va Requires That The Project Achieve At Least Leed Silver, Two Green Globes, Or An Equivalent Certification Level By The Alternate Rating Organization. Offerors Proposing To Use An Alternate Rating System Must Submit A Memo To The Va Project Manager Demonstrating That The Alternate Solution Achieves An Equivalent Level Of Certification As Leed Silver, Two Green Globes, Or Both. prevailing Wages unless The Offeror Can Demonstrate To The Satisfaction Of Va In The Form Of A Written Determination Or Written Correspondence From The U.s. Department Of Labor That The Offeror Or The Project Are Exempt Therefrom, Offeror Shall Comply With The Requirements Of The Davis-bacon Act, As Amended, 40 U.s.c. § 3141, Et Seq. And The Relevant Rules, Regulations, And Orders Of The Secretary Of Labor Applicable Thereto. handicap Accessibility the Offeror Will Be Required To Ensure That Its Design, Development, Construction, Operation, And Maintenance Plan And Activities On The Site Comply In All Respects With The Americans With Disabilities Act Of 1990, 42 U.s.c. §⧠12101, Et Seq., And The Architectural Barriers Act Of 1968, 42 U.s.c. §⧠4151, Et Seq., As Amended. eul Statutory Requirements va S Eul And Statutory Requirements Are Codified At 38 U.s.c. §⧠8161-8169 And As Amended. public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring Our Promise To Address Comprehensive Toxics Act Of 2022 (pact Act). Sec. 705 Of The Pact Act, Modifications To Enhanced-use Lease Authority Of Department Of Veterans Affairs . hrp Statutory Requirements va S Hrp Is Authorized By The Nhpa, Specifically Title 54 Of The United States Code Section 306121-306122. This Authority Allows Federal Agencies Such As Va To Outlease Or Exchange Unneeded Historic Properties And Retain Proceeds To Fund Agency Preservation Activities. va S Goals And Objectives va Has The Following Goals And Objectives For The Project: reuse Underutilized Va Properties. This Could Take The Form Of Safe, Affordable, Smoke-free Housing For Veterans And Their Families Who Should Have Priority Placement In Any Housing Project Created On The Site. If Hud-vash Is Used, The Service Provider Must Provide Service Above And Beyond Those Provided By Hud And Va. It Is The Intent That Va Will Provide Case Management Services To Eligible Veterans. This Could Also Take The Form Of Another Use That Benefits Veterans Directly Or Indirectly, Including Commercial Use(s), And/or Reuses And Preserves Historic Property. Note: The Dayton Va Medical Center Will Not Accept Any Uses Of The Site That Are Industrial. (b) Avoid Ongoing Operating Costs Associated With The Upkeep Of Vacant And/or Underutilized Assets. (c) Provide An Innovative Solution Within Current Authority To Preserve A Va-owned, Historic Property. (d) Meet Va S Obligations Under Nhpa To Better Preserve And Protect The Property. other Considerations va Will Not Participate In Or Allow Its Or The United States Underlying Fee Interest In The Land To Be Used As Security For Financing For The Project Or Otherwise, Including Without Limitation, Providing Any Kind Of Guaranty Or Act In Any Way As A Beneficiary For A Financing Vehicle. in Regard To Any Proposed Project-related Financing To Be Obtained By The Offeror, Va As A General Rule Will Not Approve Any Financing That Includes Requirements That Operate To Deny, Restrict, Or Subordinate Va S Right To Terminate The Eul Or Hrp Agreement Upon The Offeror S Failure To Cure An Outstanding Event Of Default Thereunder. This Includes Any Document, To Include The Eul Or Hrp Agreement That Would Prevent Va From Terminating The Eul Or Hrp Agreement Due To Cross Default Arising From One Or More Parcels On The Property. Any Proposed Project Financing That Does Not Comply With This Restriction Must Be Explicitly Identified In The Rfq Response For Va S Unilateral Review And Evaluation. The Successful Offeror Must Establish And Maintain Positive Relations And Communications With State And Local Governmental Authorities And The Local Communities During Negotiations With Va And Any Of Its Representatives. the Successful Offeror Must Integrate Development Activities With Cultural Resources And Historical And Environmental Policy Management Requirements In Support Of Va S Mission And Operations. the Offeror Will Be Responsible For Coordinating The Work Schedule(s) With Va In Order To Minimize Disruption To The Campus Activities And Operations. This Coordination Includes The Work Of Any Contractor Or Subcontractor That The Offeror Retains In Connection With The Project. lease Exhibits following Its Selection, The Offeror Will Be Responsible For Preparing Detailed Lease Exhibits To Include A Development Plan, Operations And Maintenance Plan, And (if Housing Is Proposed) A Tenant Selection Plan For The Project. Attachment B Contains Sample Outlines For Supportive Housing Lease Exhibits. Attachment C Contains Sample Outlines For Non-supportive Housing Lease Exhibits. In Addition, The Offeror Will Need To Provide Other Lease Exhibits Such As A Site And Design Plans. Following Offeror Selection, Va Will Provide Detailed Lease Exhibit Templates. va Recognizes That Formulation Of The Lease Exhibits Will Require The Offeror To Work Closely And Cooperatively With Va. Va Will Provide Final Approval And Cooperate With The Offeror During The Drafting Process To Facilitate Preparation Of The Final Development Plan. It Is Anticipated That The Offeror Will Provide Va With Drafts Of The Lease Exhibits Throughout The Drafting Process. The Lease Exhibits Will Be Subject To Va S Review And Approval And May Be Subject To Review And Comment By Local Government And Other Stakeholders. submital Requirements time And Date Of Submission responses Must Be Received By February 7, 2025, At 3:00 Pm Est (the Closing Time ). Responses Received After The Closing Time Will Not Be Considered. questions Regarding This Rfq May Be Submitted In Writing By Emailing De Carol Smith At Decarol.smith@va.gov And Shahidat Abbas At Shahidat.abbas@va.gov By September 30, 2024. Questions Received After This Date May Not Be Considered. Responses Will Be Provided By An Amendment To The Rfq. All Government Communication Regarding This Rfq Shall Be From The Portfolio Managers, De Carol Smith And Shahidat Abbas. manner Of Submission responses Will Be Accepted By Electronic Means And Hard Copy. For Electronic Submission, Please Submit Responses Via Email To De Carol Smith At Decarol.smith@va.gov And Shahidat Abbas At Shahidat.abbas@va.gov. Please Note, Due To The Size Of Response Content, Offeror Will Need To Submit Rfq Response In Multiple Emails (20mb Capacity Per Email To Include Attachments) Labeled By Section Name And Subsection (see Rfq Section 4.3 For Additional Details). The Entire Response Must Be In Pdf Format. In Addition, Any Excel Or Other Spreadsheets That Allow Data To Be Manipulated Must Be Included In Their Native (i.e., Excel), Unprotected And Accessible Format. However, One Hard Copy Must Be Delivered By Mail, Courier, Or Hand Delivery To The Following Address: attention: C. Brett Simms designated Va Representative department Of Veterans Affairs office Of Asset Enterprise Management (044c) 810 Vermont Avenue, Nw washington, Dc 20420 each Hard Copy Of The Response Must Be Bound In A Three-ring Binder (to Allow Va To Easily Remove Parts For Copying And/or Circulation). responses Must Be In A Sealed Envelope Or Package With The Following Information Conspicuously And Legibly Written Or Typed On The Outside: offeror S Name; offeror S Complete Mailing Address; name And Contact Information For Offeror S Contact Person (e.g., Telephone, Email And Facsimile); And the Following Statement (to Be Completed Upon Delivery To Va): Response Received By Va As Of _____________(time) On _____________ (date) response Content each Response Must Contain The Following Sections Applicable To The Offeror S Proposed Project In The Following Order, With Each Section Clearly Labeled, Beginning On A New Page And Not Exceeding The Applicable Section Page Limit. section # section Name And Subsections (note: Separate Sections And Subsections With Tabs In Hard Copies) page Limit na cover Letter (including Background And Administrative Information) 5 Pages 1 development And Operations Concept team Composition And Structure development Concept alignment Of Development Concept With Va Goals And Objectives project Financing Plan project Timeline management Approach (development, Property Management, Subcontractors, And, If Applicable, Supportive Services) proposed Veteran Hiring And Community Relations Strategies For Project 25 Pages (includes Resumes) 2 development Team Qualifications, Experience, And Past Performance development Qualifications And Experience development Past Performance development Team Key Personnel Qualifications tab 2d: Veteran Hiring And Community Relations Experience 20 Pages 3 property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance tab 3a: Property Management (and, If Applicable, Supportive Services) Qualifications And Experience tab 3b: Property Management (and, If Applicable, Supportive Services) Past Performance tab 3c: Property Management (and, If Applicable, Supportive Services) Key Personnel Qualifications 20 Pages 4 financial Wherewithal And Experience Securing Financing tab 4a: Financial Wherewithal tab 4b: Experience Securing Financing 15 Pages (excludes Financial Statements) appendix A financial Statements And Auditor S Opinion Letter no Limit appendix B explanation Of Any Legal Issues (if Any) no Limit pages Submitted That Are In Excess Of Any Page Limit (including A Section Page Limit) Will, At Va S Sole Discretion, Be Discarded And Not Reviewed Or Evaluated By Va. Supporting Data, Such As Explanations Of Any Legal Issues, And Auditor S Opinion Letter, Will Not Count Against The Page Limits. Responses Must Be Typewritten In Arial 11-point Font Size Or Greater. For Purposes Of The Response, A Key Team Member Should Be Considered Any Member That Will Be Responsible For Approximately 20% Or More Of The Services Or Fees Under This Proposed Project. cover Letter With Background And Administrative Information a Cover Letter (on The Offeror S Letterhead) Must State That The Offeror Has Read And Agrees To Comply With All The Terms, Conditions, And Instructions Provided In This Rfq. Any Requests For Waivers Or Exceptions Must Be Clearly Identified In The Cover Letter And Shall Be Subject To Va S Review And Approval. the Cover Letter Must Also Contain The Following General Information About The Offeror And The Offeror S Team (if Applicable). (note: In The Case Of An Offeror That Is A Special Purpose Entity, Include Information On Each Partner, Member, Or Shareholder Of The Offeror.) administrative Information: Company/organization Name; Employer/tax Identification Number; Dunn And Bradstreet (duns) Number; Proof Of Vetbiz Verification (if A Service-disabled Veteran-owned Small Business Or Veteran-owned Small Business); Mailing Address; Main Telephone Number; And Main Facsimile Number. authorized Representative: Name And Contact Information (mailing Address; Telephone Number; E-mail Address; And Facsimile Number) Of The Representative Authorized To Act On Behalf Of The Offeror. day-to-day Point Of Contact: Name And Contact Information (mailing Address; Telephone Number; E-mail Address; And Facsimile Number) Of The Individual Designated By The Offeror As The Person To Whom Questions And/or Requests For Information Are To Be Directed. form Of Business: Description Of The Offeror S Form Of Business (whether A For-profit Corporation, A Nonprofit Or Charitable Institution, A Partnership, A Limited Liability Company, A Business Association Or A Joint Venture), State Of Incorporation, And A Brief History Of The Organization And Its Principals: articles Of Incorporation, Partnership, Joint Venture, Or Limited Liability Company Agreement (note: For Any Offeror Or Team Member, As Applicable, That Is A Sole Proprietorship, Provide Current Mailing Address And A Summary Of Current Business Activity); current Certificate Of Good Standing; by-laws; copy Of Corporate Resolutions, Certified By A Corporate Officer, Authorizing The Offeror S Submission Of, Or Team Member S Participation With The Offeror In The Submission Of, The Response And The Entity S Authority To Proceed With The Project (assuming An Rfq Award Is Made, And Va S Approval Is Obtained); And list Of Principals. legal Requirements state Whether The Offeror Or Any Offeror S Team Member, As Applicable, Has Ever Been Terminated For Default, Non-compliance, Or Non-performance On A Contract Or Lease, Or Debarred From Any Federal, State, Or Local Government Contracts And, If So, Provide The Date And A Detailed Description Of The Occurrence In An Appendix (note: This Additional Detail Does Not Count Against Page Limits); And list Each Instance Within The Past Ten (10) Years And Explain In Sufficient Detail In An Appendix As Necessary (detail Does Not Count Against Page Limits) In Which The Offeror, Or Any Offeror S Team Member, Or Any Principal, Partner, Director, Or Officer Of Such Entities Was: convicted Of Or Pleaded Guilty Or Nolo Contendre To A Crime (other Than A Traffic Offense); subject To An Order, Judgment, Or Decree (including As A Result Of A Settlement), Whether By A Court, An Administrative Agency, Or Other Governmental Body, Or An Arbitral Or Other Alternative Dispute Resolution Tribunal, In Any Civil Proceeding Or Action In Which Fraud, Gross Negligence, Willful Misconduct, Misrepresentation, Deceit, Dishonesty, Breach Of Any Fiduciary Duty, Embezzlement, Looting, Conflict Of Interest, Or Any Similar Misdeed Was Alleged (regardless Of Whether Any Wrongdoing Was Admitted Or Proven); subject To An Action Or Other Proceeding, Whether Before A Court, An Administrative Agency, Governmental Body, Or An Arbitral Or Other Alternative Dispute Resolution Tribunal, Which, If Decided In A Manner Adverse To The Offeror, Team Member, Principal, Partner, Director, Or Officer (as Applicable), Would Reasonably Be Expected To Adversely Affect The Ability Of The Offeror Or Team Member To Perform Its Obligations With Respect To The Project (including The Ability To Obtain Or Repay Financing); debarred, Suspended, Proposed For Debarment, Declared Ineligible Or Voluntarily Excluded From Covered Transactions By Any Federal, State, Or Local Department Or Agency; notified That It Is In Default Of Any Federal, State, Or Local Contract Or Grant If Yes, Provide The Reason For The Default And Whether The Default Was Cured; terminated For Cause Or Default On One Or More Public Transactions (federal, State, Or Local); And party To Litigation Or A Formal Alternative Dispute Resolution (adr) Process (e.g., Binding Arbitration) Involving A Claim In Excess Of $50,000. For Those Matters Involving A Claim Equal To Or In Excess Of $500,000, Describe In Detail The Litigation Or Adr Process section 1: Development And Operations Concept in This Section, The Offeror Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror S Overall Development And Operations Concept. Specifically, This Section Must Include The Following: tab 1a: Team Composition And Structure provide Brief Descriptions Of Offeror Entity And The Offeror S Team Members (i.e., Organizational Purposes Or Missions, Services Provided, Etc.), Including Key Roles And Responsibilities. The Offeror Should Describe Past Experience Working With The Offeror S Team Members. Provide An Organizational Chart Showing The Relationship Between The Offeror And The Offeror S Team Members, As Appropriate, Along With Their Roles And Responsibilities. Explain The Offeror S Approach To Managing The Team, Including Prior Experience Engaging And Overseeing The Work Of Multiple Team Members And Subcontractors. tab 1b: Development Concept state Whether The Offeror S Development Concept Falls Under Va S Eul Or Hrp Authority (see Rfq Sections 1.1 And 2). Provide A Brief Description Of The Offeror Team S Understanding Of Va S Development Objectives (see Rfq Section 2.3.8), The Developer Concept (to Also Include Site Construction And Building Design), And The Developer S Assets And Infrastructure To Be Redeveloped Under Va S Eul Authority Into Supportive Housing Or Commercial/other Use(s) That Benefit Veterans Directly Or Indirectly Or Under Va S Hrp Authority To Reuse And Preserve The Historic Property (see Rfq Section 2). Identify Potential Risks And Challenges Associated With The Project And Related Mitigation Strategies. Describe The Offeror S Plan To Identify And Evaluate Potential Assets For Redevelopment And Undertaking All Necessary Investigation Activities To Produce Development Scenarios. List Any Required Studies To Be Performed. Provide A Timeline For Development Of These Scenarios And Plans, Including Any Required Studies. tab 1c: Alignment Of Development Concept With Va Goals And Objectives identify How Proposed Development Will Meet Va S Goals And Objectives As Outlined In Rfq Section 2.3.9. As Applicable, State What Direct Or Indirect Veteran Benefits The Project Will Provide And How Historic Assets Will Be Preserved. tab 1d: Project Financing Plan provide A Narrative That Describes The Offeror Team S Strategy To Obtain Financing For This Project, Including Contingency Plan(s) In The Event One Or More Sources Of Funding Are Not Available. The Narrative Should Also Explain Key Assumptions Reflected In The Following Required Budgets To Be Provided In A Working Microsoft Excel Document (excluded From Page Count): development Budget Sources And Uses: Development Budget Must Show Estimated: (a) Total Development Costs For The Project, Including Hard And Soft Costs; (b) Financing Costs, Including Types And Amounts Of Debt And Equity, And Underlying Amortization Periods; (c) Ownership Structure, Including Percentage Of Ownership By The Offeror (or In The Case Of A Special Purpose Entity, Each Team Member); And, (d) All Capital Funding Sources (e.g., Low Income Housing Tax Credit Equity, Equity Provided By The Lessee, Federal, State And Local Government Funding, Grant Proceeds, Loan Proceeds, Etc.) Used To Finance The Project. Note That Va Is Authorized To Provide Eul Projects With A Capital Contribution, But Va Is Not Authorized To Make Capital Contributions To Projects Under Its Hrp Authority. annual Operating Budget: List All Estimated Annual Revenues For The Project, Including Expected Monthly Rents By Unit Type And The Basis For /source Of Rent (e.g., Rental Vouchers). In Addition, List All Expected Annual Operating Expenses Associated With The Project. Provide A 30-year Cash Flow Projection In A Working Microsoft Excel Document (excluded From Page Count). annual Supportive Services Budget (if Applicable): List All Expected Annual Supportive Services Expenses For The Eul Or Hrp Site And Projected Sources Of Funding. tab 1e: Project Timeline the Offeror S Response Must Contain A Timetable For The Project Containing The Following Key Dates: project Financing Sources: Anticipated Application, Award, And Closing Dates For Each Project Phase (as Applicable). design Milestones: Completion Dates For Each Project Phase (as Applicable). eul Or Hrp Agreement Execution: Eul Or Hrp Agreement Execution Cannot Occur Until All Financing Commitments Have Been Obtained. For Eul Projects, The Eul Agreement Cannot Be Executed Until The Office Of Management And Budget Has Completed Its Review Of The Eul, And Congress Has Been Provided 45-day Notification Of Va S Intent To Execute The Eul; construction: Start And Completion Dates For Each Project Phase (as Applicable); And, occupancy: Date The Facility Is Open For Operation For Each Project Phase (as Applicable). tab 1f: Management Approach (development, Property Management, Subcontractors, And, If Applicable, Supportive Services) describe The Offeror Team S Approach To Operation, Management, Security, And Maintenance Of The Project In Accordance With Private Sector Standards. Provide A Staffing Plan (number Of Ftes And Type) For The Ongoing Operation Of The Project. The Response Shall Contain The Physical And Electronic Security Measures That Will Be Provided Based Upon The Individual Space Requirements And Tenant Mix Of The Proposed Eul Or Hrp Project. Include Proposed Approach For Management And Operations Within The Development Team, Property Management, Subcontractors, And Supportive Services (if Applicable). tab 1g: Proposed Veteran Hiring And Community Relations Strategies For Project describe The Offeror S Outreach Strategies To Maximize Participation Of Service-disabled Veteran-owned Small Businesses (sdvosbs), Veteran-owned Small Businesses (vosbs), Local Small Businesses, And Other Small Businesses, In All Aspects Of The Evaluation Of Assets And Subsequent Development Processes. Provide A Summary Of The Offeror Team S Plan To Increase Employment Opportunities (to Also Include Internships) For Veterans Associated With This Project. Explain The Offeror Team S Experience And Customized Approach To Managing Community Relations And Interacting With State And Local Government Officials (i.e., Zoning, Environmental, Shpo, Local Community, Stakeholders, Etc.). Describe Any Experience In Managing Relations With The Surrounding Community. section 2: Development Team Qualifications, Experience, And Past Performance in This Section, The Response Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror Team S Relevant Experience And Operations Qualifications, Experience, And Past Performance. Specifically, This Section Must Include The Following: tab 2a: Development Team Qualifications And Experience list And Explain In Sufficient Detail The Offeror Team S Relevant Development Qualifications And Experience. Identify Any Past Experience Working With Va And Federal, State And Local Governments, If Any. tab 2b: Development Team Past Performance describe Three (3) Similar Relevant Development Efforts (past Or Current) Developed By The Offeror Or One Of Its Team Members That Are Comparable To The Subject Project To Be Developed. Each Project Described Should Have Been Completed Within The Past Ten (10) Years. For Each Project Listed, The Following Information Should Be Included: project Name location type Of Project / Use size Of Project (square Footage, Units, Number Of Buildings, Acreage, Etc.) amount, Type, And Sources Of Financing historic Buildings (if Any) description Of The Associated Infrastructure date Of Project Completion number Of Years Involved With The Development role Of The Offeror Team Member(s) contact Information For A Reference Who Va Can Contact Regarding Performance And Client Or Stakeholder (as Applicable) Satisfaction. Note: Including A Reference On This List Will Constitute Authorization For Va To Contact And Discuss The Offeror S Or Team Member S Performance. tab 2c: Development Team Key Personnel Qualifications identify The Key Personnel Who Will Lead The Developer S Community/neighborhood Planning Tasks, As Well As The Day-to-day Point Of Contact. For Each Key Personnel Named Provide A: description Of Their Proposed Role; discussion Of The Extent To Which Key Personnel Have Worked Together On Other Similar Projects; And, resume That Includes A Description Of The Person S Duties And Responsibilities, Education, Years Of Relevant Experience, Certifications/licenses, Skills, Expertise, Other Relevant Qualifications (note: Resumes Count Against Page Limits). tab 2d: Veteran Hiring And Community Relations Experience describe Any Experience Implementing Targeted Veteran Hiring Efforts And The Results Of Those Efforts. Explain The Offeror Team S Experience Managing Community Relations And Interacting With State And Local Government Officials (i.e., Zoning, Environmental, Shpo, Local Community, Stakeholders, Etc.). Describe Any Experience In Managing Relations With The Surrounding Community For Comparable Developments. section 3: Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance in This Section, The Response Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror Property Management Team S Supportive Housing Or Commercial/other Use(s) Development And Operations Qualifications, Experience, And Past Performance. Specifically, This Section Must Include The Following: tab 3a: Property Management (and, If Applicable, Supportive Services) Qualifications And Experience list And Explain In Sufficient Detail The Offeror Team S Relevant Supportive Housing Or Commercial/other Use(s) Property Management Qualifications And Experience. Identify Any Past Experience Working With Va, Federal, State And Local Governments, If Any. tab 3b: Property Management (and, If Applicable, Supportive Services) Past Performance describe Three (3) Similar Supportive Housing Or Commercial/other Use(s) Management Efforts (past Or Current) Developed By The Offeror Or One Of Its Team Members That Are Comparable To The Subject Project To Be Developed. Each Project Described Should Have Been Completed Within The Past Ten (10) Years. For Each Project Listed, The Following Information Should Be Included: project Name location type Of Project / Use(s) size Of Project (square Footage, Units, Number Of Buildings, Acreage, Etc.) amount, Type, And Sources Of Financing historic Buildings (if Any) description Of The Associated Infrastructure date Of Project Completion number Of Years Involved With The Development role Of The Offeror Team Member(s) contact Information For A Reference Who Va Can Contact Regarding Performance And Client Or Stakeholder (as Applicable) Satisfaction. Note: Including A Reference On This List Will Constitute Authorization For Va To Contact And Discuss The Offeror S Or Team Member S Performance also, Provide A Summary Of The Proposed Management And Operations Plans Specific To The Proposed Project Site And Use. Tab 3c: Property Management (and, If Applicable, Supportive Services) Key Personnel identify The Key Personnel Who Will Lead The Property Management (and, If Applicable, Supportive Services) Planning Tasks, As Well As The Day-to-day Point Of Contact. For Each Key Personnel Named Provide A: description Of Their Proposed Role; discussion Of The Extent To Which Key Personnel Have Worked Together On Other Similar Projects; And, resume That Includes A Description Of The Person S Duties And Responsibilities, Education, Years Of Relevant Experience, Certifications/licenses, Skills, Expertise, Other Relevant Qualifications (note: Resumes Count Against Page Limits). section 4: Financial Wherewithal And Experience Securing Financing in This Section, The Response Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror Team S Financial Wherewithal And Ability To Secure Financing For Comparable Development Projects. Specifically, This Section Must Include The Following: tab 4a: Financial Wherewithal provide A General Overview Of The Offeror Team S Financial Stability And Evidence Of Their Financial Wherewithal To Develop Supportive Housing Communities And/or Other Relevant Use(s) With Associated Infrastructure, Roads, And Amenities. Please Attach Supporting Documentation To Include An Auditor S Opinion Letter(s) And The Offeror And Its Team Members Most Recent Audited Financial Statements. If Audited Financial Statements Are Not Available, Please Submit Unaudited Financial Statements. (note: Supportive Documentation And Financial Statements Do Not Count Against The Page Limits.) tab 4b: Experience Securing Financing summarize The Offeror Team S Experience Directly Securing Financing For Similar Projects To The Proposed Project In The Last 10 Years. Provide Brief Descriptions Of Three (3) Similar Efforts For Which The Offeror S Team Has Directly Secured Financing. For Each Example, Include Project Information, Including: project Name location description Of Project Type / Use(s) total Development Cost specific Funding Sources Secured, And role Of The Offeror Team Member. evaluation Criteria Initial Review following The Rfq Submission Deadline, Va Will Initially Review All Submissions For Completeness And Adherence To The Requirements And Conditions Set Out In This Rfq. Va Reserves The Right To Reject Submissions That Are Incomplete Or Fail To Adhere To The Requirements Set Forth In This Rfq. Formal Presentations complete And Acceptable Submissions Will Be Further Reviewed And Evaluated By Va, Ranked In Order, And A Competitive Range Established. Offerors Whose Submissions Are Found To Be Within The Competitive Range May Be Given The Opportunity, At Va S Sole Discretion, To Make A Formal Presentation To Va And Receive Questions Regarding Their Response. If A Presentation Is Required, Notice Will Be Provided To Those Offerors Asked To Make A Presentation And The Details Regarding That Presentation (i.e., Length Of Presentation, Etc.) Will Be Provided In The Notice. Selection Process the Government Intends To Review All Factors For Award In Making A Selection. Selection Will Be Based On An Integrated Assessment Of The Factors Set Forth In Section 5.5 Below. Selection Timeline va Anticipates Selection Of A Developer By December 2024. Evaluation Factors the Responses Will Be Evaluated Based On The Following Four Equally Weighted Factors. Where Factors Include Subfactors, Each Subfactor Will Also Be Equally Weighted. The Evaluation Factors Are As Follows: 5.5.1 Factor 1: Development And Operations Concept factor 1 Will Consist Of An Assessment Of The Offeror S Team Composition And Structure, Development Concept, Alignment Of Development Concept With Va S Goals And Objectives, Financing Plan, Timeline, Project Management Approach, And Veteran Hiring And Community Relations For This Project. Factor 1 Is Comprised Of The Following Seven (7) Equally Weighted Subfactors: subfactor 1a: Team Composition And Structure va Will Assess The Offeror Team S Composition To Assess Capabilities And Skillsets, Including Key Roles And Responsibilities. Va Will Also Assess The Extent To Which The Offeror S Team Has Worked Together Previously On Similar Projects. The Organizational Chart Will Be Reviewed To Understand The Relationships Between The Different Team Members And Establish Whether Clear Lines Of Accountability Are In Place. subfactor 1b: Development Concept va Will Review The Offeror Team S Understanding Of The Requirements And Developer Technical Approach (to Include Development Concept And Proposed Site Construction/building Design) To Assess How The Offeror Team Proposes To Effectively Accomplish The Project. The Response Should Identify Whether The Offeror Is Proposing Under Va S Eul Or Hrp Authority, Demonstrate The Offeror Team S Understanding Of The Complexity Of The Project, Potential Risks And Challenges, Proposed Mitigation Strategies, And The Importance Of Close Communication And Collaboration With Va Throughout The Process. Additionally, Va Will Assess The Viability Of The Proposed Timeline For Development Of These Scenarios And Plans, Including Any Required Studies. subfactor 1c: Alignment Of Development Concept With Va Goals And Objectives va Will Assess If Offeror(s) Development Plans Include A Clear Concept That Meets Va S Goals And Objectives As Outlined In Rfq Section 2.3.9, Including Whether Project Provides Direct And/or Indirect Benefits To Veterans And/or Provides For Preservation Of The Historic Property. subfactor 1d: Project Financing Plan a Realistic And Viable Financing Plan Should Be Provided For The Project. Va Will Review The Anticipated Sources And Uses For The Project For Development, Operations, And Provision Of Services (if Applicable), As Well As The Proposed Operating And Supportive Services (if Applicable) Budgets, To Assess The Offeror Team S Understanding Of The Project And Funding Availability, Including Contingency Plans. subfactor 1e: Project Timeline va Will Review The Proposed Project Timeline For Completeness And Inclusion Of All Required Milestones. The Offeror Team Should Provide A Realistic Project Development Timeline For Va S Review. subfactor 1f: Management Approach (development, Property Management, Subcontractors, And, If Applicable, Supportive Services) va Will Evaluate The Offeror Team S Approach To Development, Operation, Property Management, Security, And Maintenance Of The Project In Accordance With Private Sector Standards And Ensuring The Long-term Viability And Security Of The Project. The Property Management Plan Should Be Customized To The Proposed Product Type. Va Will Assess The Viability Of The Staffing Plan For The Proposed Operations Of The Project. The Subcontractor Management Approach Should Demonstrate The Offeror S Ability To Manage Multiple Entities Across Disparate Fields And Locations To Achieve A Common Goal. subfactor 1g: Proposed Veteran Hiring And Community Relations Strategies For Project va Will Assess The Offeror Team S Community Relations Strategy For The Project And The Extent Of The Offeror Team S Local Knowledge And Understanding. Va Will Also Assess The Extent To Which The Offeror Team S Prior Experience And Proposed Outreach Plan Will Maximize The Participation Of Sdvosbs, Vosbs, Local Small Business, And Other Small Businesses In All Aspects Of The Evaluation Of Assets And Subsequent Development Processes. It Is Also Important That The Offeror Team Provide A Clear And Realistic Plan To Hire Veterans (and Provide Internships For Veterans) In Association With This Project. 5.5.2 Factor 2: Development Team Qualifications, Experience, And Past Performance the Focus Of Factor 2 Is On The Offeror Team S Relevant Development Team Qualifications, Experience, And Past Performance. Factor 2 Is Comprised Of The Following Four (4) Equally Weighted Subfactors: subfactor 2a: Development Team Qualifications And Experience va Will Review The Extent To Which The Offeror S Team Has Demonstrated Expertise And Experience Developing Projects Similar To That Which The Offeror Is Proposing, Including Experience Working With Federal, State, And Local Government Entities. Va Will Also Evaluate The Offeror Team S Track Record Of Working With Qualified Property Management And Supportive Services Providers (as Applicable) And Their Associated Qualifications And Experience. subfactor 2b: Development Team Past Performance va Will Assess The Extent To Which The Offeror S Team Has A Proven Track Record Of Successfully Developing Relevant Projects To The Proposed Project. The Projects Identified Should Be Of Similar Size, And Scope To What Is Being Proposed For The Eul Or Hrp Site. The Information Provided For Each Of The Projects Will Be Reviewed For Completeness And Relevancy. subfactor 2c: Development Team Key Personnel Qualifications va Will Review The Qualifications Of The Proposed Key Personnel To Assess Their Ability To Successfully Complete The Developer S Responsibilities And Assist Va In Developing And Implementing The Most Viable Development Scenario. The Key Personnel Roles Should Be Clearly Identified, Along With Each Person S Relevant Experience, Skills, Expertise, And Education. subfactor 2d: Veteran Hiring And Community Relations Experience offeror Teams Will Be Evaluated On Their Experience And Success In Undertaking Veteran Hiring Efforts For Similar Projects. Va Also Intends To Evaluate The Offeror Team S Experience With Managing Community Relations. Offeror Teams Should Demonstrate Local Market Knowledge And Experience Working With The Stakeholder Community On Similar Projects To The Proposed Project. 5.5.3 Factor 3: Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance the Focus Of Factor 3 Is On The Offeror Team S Relevant Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance. Factor 3 Is Comprised Of The Following Three (3) Equally Weighted Subfactors: subfactor 3a: Property Management (and, If Applicable, Supportive Services) Qualifications And Experience va Will Review The Extent To Which The Offeror Team Has Demonstrated Expertise And Experience Managing And Operating Comparable Projects To The Proposed Project And Experience Working With Federal, State, And Local Government. Va Will Also Evaluate The Proposed Property Management And Supportive Services Provider S (if Applicable) Associated Qualifications And Experience. Va Will Also Consider The Adequacy Of Safety And Security Measures Implemented Successfully At Other Similar Projects. subfactor 3b: Property Management (and, If Applicable, Supportive Services) Past Performance va Will Assess The Extent To Which The Offeror Team Has A Proven Track Record Of Successfully Managing And Operating Comparable Projects To The Proposed Project. The Projects Identified Should Be Of Similar Size, Scope, And Complexity To The Proposed Project. The Information Provided For Each Of The Projects Will Be Reviewed For Completeness And Relevancy. subfactor 3c: Property Management (and, If Applicable, Supportive Services) Key Personnel va Will Review The Qualifications Of The Proposed Project Operations Key Personnel To Assess Their Ability To Successfully Manage The Project For The Duration Of The Lease Term. The Key Personnel Roles Should Be Clearly Identified, Along With Each Person S Relevant Experience, Skills, Expertise, And Education. 5.5.4 Factor 4: Financial Wherewithal And Experience Securing Financing factor 4 Consists Of An Evaluation Of The Offeror Team S Financial Wherewithal And Experience Securing Financing For Comparable Projects. Factor 4 Is Comprised Of Two (2) Equally Weighted Subfactors: subfactor 4a: Financial Wherewithal va Will Assess The Financial Wherewithal Of The Offeror S Team To Undertake Their Proposed Development. Va Will Evaluate Whether The Response Has Provided Sufficient Evidence And Documentation, As Required By The Rfq, To Demonstrate The Financial Wherewithal And Current Financial Capacity To Successfully Execute A Project Of This Size, Scope And Complexity. subfactor 4b: Experience Securing Financing va Will Review The Offeror Team S Experience Securing Financing Similar To Funding Needed For The Proposed Development On The Site. The Offeror S Team Should Demonstrate A Proven Track Record Of Directly Securing Traditional And Non-traditional Project Financing. miscellaneous Terms And Conditions Applicable To This Rfq authorizations By Submission Of Response any And All Information Provided By An Offeror And Its Team Members May Be Used By Va To Conduct Credit And Background Checks. teaming Arrangements And Special Purpose Entities multiple Offerors May Form A Joint Venture For The Purpose Of Submitting A Response To This Rfq. A Special Purpose Entity May Also Be Created For The Purpose Of Submitting A Response. Va May Require That Financial And Performance Guarantees Be Provided By These And Other Offerors As Well As Team Members. Potential Offerors Who Do Not Have Strong Experience Or Skills In All The Required Areas (e.g., Financial Structuring, Development, Property Management, Operations, Services Delivery, Etc.) May Consider Submitting Responses Jointly With Entities Whose Experience Can Complement Their Own. (note: Va Will Not Be Involved In Facilitating Partnering Or Teaming Arrangements.) hold Harmless by Participating In The Rfq Process, Each Offeror Agrees To Indemnify And Hold Harmless Va And The United States Government And Each Of Their Respective Officers, Employees, Contractors, And Advisors From And Against Any And All Real Estate And Other Brokerage Fees Or Commissions, Finder S Fees, And Other Forms Of Compensation Related In Any Way To Activities Undertaken By Any Person As A Result Of Such Person S Efforts Towards And/or Participation In This Rfq Process Or The Submission By Such Person Of A Response, And Liabilities, Losses, Costs, And Expenses (including Reasonable Attorney S Fees And Expenses) Incurred By Any Indemnified Party (including Va) As A Result Of, Or In Connection With, Any Claim Asserted Or Arising As A Result Of, Or In Connection With, This Rfq Process. ineligibility the Following Persons (including Entities) Are Ineligible To Be An Offeror Or A Team Member Of An Offeror Or Otherwise Participate In The Project (including As A Contractor, Subcontractor, Or Professional): (a) Any Person That Has Been Debarred Or Suspended From Doing Business With Va; (b) Neither Such Person Nor Any Of Its Partners, Members, Or Principal Stockholders Is Listed On Any Non-procurement Or Reciprocal Lists On The Most Current System For Award Management Published By The U.s. General Services Administration Atâ www.sam.gov, As Updated From Time To Time, Or Any Replacement Thereof; (c) Neither Such Person Nor Any Of Its Partners, Members, Or Principal Stockholders Is A Person Who Poses A Security Or Safety Risk As Determined By The Secretary Of State, Including But Not Limited To Any Person Who Either Represents A Country, Or Is A Member Of Or Provides Political, Financial Or Military Support To A Group, That Is Listed In The Most Current Patterns Of Global Terrorism Report, Issued By The Secretary Of State In Compliance With 22 U.s.c. § 2656f(a), Available From The Superintendent Of Documents, U.s. Government Printing Office, Washington, Dc 20402 And Also Available Atâ http://www.state.gov/global/terrorism/annual_reports.html; And (d) Neither Such Person Nor Any Of Its Partners, Members Or Principal Stockholders Is Subject To A Criminal Indictment Or Information For A Felony In Any Court In The United States. For Purposes Of This Solicitation, The Term Principal Stockholder Shall Mean Any Person Who Is A Beneficial Owner (as Defined For Purposes Of Rule 13d-3 Of The Securities And Exchange Act Of 1934, As Amended And Promulgated By The Securities And Exchange Commission) Of Ten Percent (10%) Or More Of The Outstanding Stock Or Other Equity Of The Offeror. additional Information all Of The Information Required To Be Provided In Each Response Pursuant To Section 8 Of This Rfq Is Important To Va S Analysis And Evaluation Of Each Response. Va May Utilize Outside Sources In Addition To All Of The Information Provided In A Response In Evaluating Each Offeror S Submission. neither Va Nor Any Of Its Contractors, Subcontractors, Officers, Employees, Counsel, Advisors, Or Agents, Make Any Representation Or Warranty, Whether Express, Implied, Or Created By Operation Of Law, As To The Accuracy Or Completeness Of This Rfq Or Any Of Its Contents Or Materials Referred To Therein, And No Legal Liability With Respect Thereto Is Assumed Or May Be Implied. va Reserves The Right To: (a) Make A Selection Under This Rfq As A Result Of Initial Offers Submitted; And (b) Reject Any Or All Offers At Any Time Prior To Award And Cancel This Solicitation. Therefore, All Initial Offers Should Comprehensively Address Each Of The Requirements Set Forth Herein And Contain The Offeror S Best Terms. by Submitting A Response, Each Offeror Accepts All The Terms And Conditions Set Forth In This Rfq, And Any Updates, Supplements, And Amendments Thereto. Any Conflict (whether Actual Or Perceived) Between Different Parts Of This Rfq, As Between An Offeror And Va, Shall Be Resolved At The Sole And Absolute Discretion Of Va. in No Event Shall Va Be Liable For Any Fees, Costs, Or Expenses Associated With Any Of The Offeror S (or Their Brokers, If Any) Activities (e.g., Preparation, Discussions, Clarifications, Submissions, Or Negotiations), Relating Directly Or Indirectly To This Solicitation. Accordingly, As A Condition Of Submitting Its Response, Each Offeror Hereby Agrees To Indemnify And Hold Va Harmless For Any And All Such Fees, Claims, Liabilities, And Costs Arising In Connection With This Rfq And Its Underlying Process. any Relationship Between Va And An Offeror Arising From The Solicitation Is Subject To The Specific Limitations, Terms, Conditions, And Representations Expressed In This Rfq. Any Substantive Questions Or Concerns To Include Conflicts, Apparent Conflicts, Or Any Other Substantive Matters Regarding This Rfq Which May Arise During Preparation Of An Offeror S Response Should Be Addressed, In Writing, To: Decarol.smith@va.gov And Shahidat.abbas@va.gov.

Details: (please See Latest Baa Announcement Within, Posted02april 2020) this Is A Modification To The Broad Agency Announcement (baa) N00024-19-r-4145 To Extend The Date For Receipt Of White Papers And Full Proposals To 6 February 2028 And Correct Some Administrative Information. Any White Papers That Have Already Been Submitted Do Not Need To Be Resubmitted. Included In This Modification To The Baa Is Revision To The Power Controls Section To Augment The Desired Technology Interests. Included In This Modification To The Baa Is The Identification Of An Electronic Mail Submission Address For White Papers. Included In This Modification To The Baa Is Also A Change To The Identified Procuring Contracting Officer And Contract Specialist. The Navsea 0241 Points Of Contact (poc) Are Changed As Follows: The Primary Point Of Contact Remains Ms. Sakeena Siddiqi, Procuring Contracting Officer, Sakeena.s.siddiqi.civ@us.navy.mil And Secondary Point Of Contact Shall Be Mr. Tyler Pacak, Tyler.pacak@navy.mil. all Other Information Contained In The Prior Announcements Through Apr 02, 2020 Remain Unchanged. (please See Latest Baa Announcement Within, Posted 04 June 2019) i. Administrative Information this Publication Constitutes A Broad Agency Announcement (baa), As Contemplated In Federal Acquisition Regulation (far) 6.102(d)(2). A Formal Request For Proposals (rfp), Solicitation, And/or Additional Information Regarding This Announcement Will Not Be Issued Or Further Announced. This Announcement Will Remain Open For Approximately One Year From The Date Of Publication Or Until Extended Or Replaced By A Successor Baa. Initial Responses To This Announcement Must Be In The Form Of White Papers. Proposals Shall Be Requested Only From Those Offerors Selected As A Result Of The Scientific Review Of The White Papers Made In Accordance With The Evaluation Criteria Specified Herein. White Papers May Be Submitted Any Time During This Period. Awards May Take The Form Of Contracts, Cooperative Agreements, Or Other Transactions Agreements. the Naval Sea Systems Command (navsea) Will Not Issue Paper Copies Of This Announcement. Navsea Reserves The Right To Select For Proposal Submission All, Some, Or None From Among The White Papers Submitted In Response To This Announcement. For Those Who Are Requested To Submit Proposals, Navsea Reserves The Right To Award All, Some, Or None Of The Proposals Received Under This Baa. Navsea Provides No Funding For Direct Reimbursement Of White Paper Or Proposal Development Costs. Technical And Cost Proposals (or Any Other Material) Submitted In Response To This Baa Will Not Be Returned. It Is The Policy Of Navsea To Treat All White Papers And Proposals As Competition Sensitive Information And To Disclose Their Contents Only For The Purposes Of Evaluation. white Papers Submitted Under N00024-10-r-4215 That Have Not Resulted In A Request For A Proposal Are Hereby Considered Closed-out And No Further Action Will Be Taken On Them. Unsuccessful Offerors Under N00024-10-r- 4215 Are Encouraged To Review This Baa For Relevance And Resubmit If The Technology Proposed Meets The Criteria Below. Contract Awards Made Under N00024-10-r-4215 And Under This Baa Will Be Announced Following The Announcement Criteria Set Forth In The Far. ii. General Information 1. Agency Name naval Sea Systems Command (navsea) 1333 Isaac Hull Ave Se washington, Dc 20376 2. Research Opportunity Title research And Development Of Naval Power And Energy Systems 3. Response Date this Announcement Will Remain Open Through The Response Date Indicated Or Until Extended Or Replaced By A Successor Baa. White Papers May Be Submitted Any Time During This Period. 4. Research Opportunity Description 4.1 Summary navsea, On Behalf Of The Electric Ships Office (pms 460, Organizationally A Part Of The Program Executive Office Ships) Is Interested In White Papers For Long And Short Term Research And Development (r&d) Projects That Offer Potential For Advancement And Improvements In Current And Future Shipboard Electric Power And Energy Systems At The Major Component, Subsystem And System Level. The Mission Of Pms 460 Is To Develop And Provide Smaller, Simpler, More Affordable, And More Capable Ship Power Systems To The Navy By Defining Open Architectures, Developing Common Components, And Focusing Navy, Industry, And Academia Investments. Pms 460 Will Provide Leadership Of The Developments Identified As Part Of This Baa, Will Direct The Transition Of Associated Technologies Developed By The Office Of Naval Research (onr), And Will Manage The Technology Portfolio Represented By Program Element (pe) 0603573n (advanced Surface Machinery Systems) For Transition Into Existing And Future Navy Ships. 4.2 Naval Power And Energy Systems Technology Development Roadmap naval Power And Energy Systems Are Described In Detail In The 2019 Naval Power And Energy Systems Technology Development Roadmap (npes Tdr). The Npes Tdr Focuses And Aligns The Power System Investments For The Navy, Defense Department, Industry And Academia To Guide Future Research And Development Investments To Enable The Navy To Leverage These Investments To Meet Its Future Needs More Affordably. Included In The Npes Tdr Are Specific Recommendations And Opportunities For Near, Mid And Long Term Investments, With A Renewed Focus On Energy Management. These Opportunities Range From An Energy Magazine To Support Advanced Weapons And Sensors To The Development Of An Integrated Power And Energy System (ipes). The Npes Tdr Aligns Electric Power System Developments With War Fighter Needs And Enables Capability-based Budgeting. The Npes Tdr Is Responding To The Emerging Needs Of The Navy, And While The Plan Is Specific In Its Recommendations, It Is Inherently Flexible Enough To Adapt To The Changing Requirements And Threats That May Influence The 30-year Ship Acquisition Plan. The First Section Of The Roadmap Establishes Why Npes Are A Critical Part Of The Kill Chain Based On The Capabilities Desired By The Navy In The Near Term, As Well As Supporting Future Platforms In The Navys 30-year Shipbuilding Plan. The Second Section Of The Roadmap Presents Power And Energy Requirements That Are Derived From Mission Systems Necessary To Support Future Warfighting Needs. The Third Section Describes Required Initiatives Based On Capabilities And The Projected Electrical Requirements Of The Future Ships. 4.3 Focus Areas the Areas Of Focus For This Baa Include, But Are Not Limited To, The "fydp/near-term" Activities As Described Throughout The Npes Tdr; The Analysis, Development, Risk Reduction And Demonstration Of Future Shipboard (both Manned And Unmanned) Electric Power Systems And Components, Emphasizing Shipboard Power Generation, Electric Propulsion, Power Conversion, Energy Storage, Distribution And Control; Power Quality, Continuity, And System Stability; Electric Power System And Component Level Modeling And Simulation; Energy Storage Technologies; Electrical System Survivability; And Power System Simplicity, Upgradeability, Flexibility, And Ruggedness. The Integrated Power And Energy System (ipes) Architecture Provides The Framework For Partitioning The Equipment And Software Into Modules And Defines Functional Elements And The Power/control And Information Relationships Between Them. For Power Generation, High Power Distribution, Propulsion, And Large Loads, The Architecture Includes Medium Voltage Ac Power (with Emphasis On Affordability), And Medium Voltage Dc Power (with Emphasis On Power Density And Fault Management). For Ship Service Electrical Loads, The Architecture Includes Zonal Electrical Distribution Which May Be Either Ac Or Dc, Depending Upon The Specific Application. Also Of Particular Interest Are Technologies That Result In Significant Energy Efficiency, Power Density Improvements And/or Carbon Footprint Improvements Over Existing Propulsion And Power System Technologies. The Npes Tdr Partitions The Power System In To Functional Areas That Include The Following. 4.3.1 Energy Storage energy Storage Modules May Support Short Duration To Long Duration Energy Storage Applications, Which Utilize A Combination Of Technologies To Minimize Power Quality And Continuity Impacts Across The System. For The Short Duration Energy Storage Applications, The Module Should Provide Hold-up Power To Uninterruptible Loads For Fault Clearing And Transient Isolation, As Well As Load Leveling For Pulse Power Loads. For The Mid Duration, The Module Should Provide Up To Approximately 3mw (100 - 150 Kw-hr) Of Standby Power For Pulse Power Loads While Also Providing Continuity Of Operations For A Subset Of Equipment Between Uninterruptible And Full Ships Load (including Emergency Power Generation Starting In A Dark Ship Condition). For Long Duration Applications, Energy Storage Modules Should Provide The Required Power As An Emergency Backup System Or To Provide Increased Stealth For Specialty Equipment. The Required Duration For This Type Of Application May Extend Up To Days Or Longer, And May Be Intermittent Or Continuous. A Number Of Energy Storage Technologies For Future Ship Applications Are Of Interest To The Navy, Including Various Electrochemical, Capacitor-based, Or Rotating Discussed Below: a. Capacitor: Electrochemical Capacitor Improvements Continue To Focus On Improving Energy Density While Maintaining Inherently High-power Density. Design Improvements Include Development And Integration Of Higher Temperature Films, Advanced Electrolytes, Advanced Electrode Materials, And Minimizing Equivalent Series Resistance (esr). b. Rotating: The Navy Has Interest In The Investment From The Transportation Industry In Flywheel Systems That Can Handle Gyroscopic Forces Continues To Support Flywheel Usage In Commercial Rail And Ground Transportation. Additional Factors Of Interest To The Navy Include Safety, Recharge/discharge Rates, Ship Motion Impacts, Environmental Impacts And Control. c. Electrochemical: Factors Of Interest To The Navy With Respect To Electrochemical Energy Storage Include The Ability To Maintain State Of Charge When Not In Use; Change In Voltage Versus State Of Charge; Charge And Discharge Capability; The Temporary Or Permanent Loss Of Capacity Due To Repeated Shallow Discharges; The Ability To Shallow Charge And Discharge Or Partially Charge Intermittently During A Discharge; Battery Life Considerations Such As Service-life, Cycle Life, And Shelf-life; Off-gas Properties That Affect The Level Of Ventilation And Associated Auxiliary Systems; And Safety Enhancements To Support Qualification For Use Onboard Us Navy Ships. near Term Navy Interests Are In The Area Of Common And Scalable Hardware And Software Elements Which Enable Advanced Weapons And Sensors And In Understanding The Sizing Algorithms For How To Optimize Energy Storage Sizing Against Various Competing System Requirements (short Duration/high Power Vs. Long Duration/low Power, For Example. The Specific Design Issues To Be Considered Include Reliability, Volumetric And Gravimetric Power And Energy Densities, Differentiating Between High Levels Of Stored Energy And High Energy Density. The Relevant Information Required For Characterizing Technology Performance Include: Technology Readiness Level (trl) Of Components And Systems; Production Capability; Safety Evaluation And Qualifications Performed On Relevant Subsystems Or Components (any Hazard Analyses Of Systems Designs As Relevant To Notional Applications); Other Military Application Of The Devices; Energy Storage Management System Approach; Thermal Characteristics, Constraints, And Cooling Requirements; Auxiliary Requirements (load); Device Impedance (heat Generation Characteristics); And Device Efficiency (discharge/recharge). 4.3.2 Power Conversion industry Continues To Drive Towards Increased Power Density, Increased Efficiency, Higher Switching Frequencies, And Refined Topologies With Associated Control Schemes. Innovation In Power Conversion From The Development And Implementation Of Wide-bandgap Devices, Such As Silicon Carbide (sic), Promise Reduction In Losses Many Times Over Silicon. The Use Of High Frequency Transformers Can Provide Galvanic Isolation With Reduced Size And Weight Compared To Traditional Transformers. Advances In Cooling Methods Will Be Required To Handle Larger Heat Loads Associated With Higher Power Operation. a Typical Navy Power Conversion Module Might Consist Of A Solid State Power Converter And/or A Transformer. Advanced Topologies And Technologies, Such As The Application Of Wide Band Gap Devices, Are Of Particular Interest. Navy Interests Are In The Area Of Innovative Approaches To Address Converting High Voltage Ac/dc To 1000 Vdc With Power Levels On The Order Of 3mw Or Larger. The Specific Design Issues To Be Considered Include Modularity, Open Architecture (focusing On Future Power System Flexibility And The Ability Of A Conversion Module Within A Ships Power System To Be Replaced/ Upgraded In Support Of Lifecycle Mission System Upgrades), Reliability, Cost, And Conversion Efficiency. Areas Of Interest Include More Power-dense Converters Supporting Advanced Mission Systems And Prototyping Of Full Scale Conversion Based On Second Generation Wide-bandgap Devices. 4.3.3 Power Distribution power Distribution Typically Consists Of Bus Duct/ Bus Pipe, Cables, Connections, Switchgear And Fault Protection Equipment, Load Centers, And Other Hardware Necessary To Deliver Power From Generators To Loads. Industry Has Used Medium Voltage Dc (mvdc) Transmission As A Method To Reduce Losses Across Long Distances. Complementarily, Industry Is Developing Mvdc Circuit Protection For Use In Mvdc Transmission Variants Of Approximately 50, 100, And 150 Megawatts (mw) At Transmission Voltages Of 20 To 50 Kvdc. Analysis Includes Modeling And Simulation To Determine Methods For Assessing The Benefits Of Dc Vs Ac Undersea Transmission And Distribution Systems For Offshore Oil And Gas. Industry And Academia Continue To Invest Resources In Advanced Conductors That Have Applications In Power Distribution, Power Generation, And Propulsion. Research Is Focused On Using Carbon Nanotubes. The Development Of A Room Temperature, Lightweight, Low Resistance Conductor Is Of Great Interest To The Navy. areas Of Interest Include Development Of An Mvdc Distribution System Up To 12 Kvdc To Meet Maximum Load Demands; Design Of An Appropriate In-zone Distribution System Architecture; Development Of High Speed 1 Kvdc And 12 Kvdc Solid State Circuit Protection Devices That Are Ship Ready, And Advanced Conductors Capable Of Supporting Power Distribution. 4.3.4 Prime Movers (including Power Generation) power Generation Converts Fuel Into Electrical Power. A Typical Power Generation Module Might Consist Of A Gas Turbine Or Diesel Engine (prime Mover), A Generator (see Rotating Machine Discussion Below), A Rectifier (either Active Or Passive), Auxiliary Support Sub-modules And Module Controls. Other Possible Power Generation Technologies Include Propulsion Derived Ship Service (pdss), Fuel Cells, Or Other Direct Energy Conversion Concepts. Power Generation Concepts Include 60 Hz Wound Rotor Synchronous Generator Driven Directly By A Marine Gas Turbine (up To 30 Mva Rating); Commercially Derived Or Militarized Design Variants Of The Above; And Higher Speed, Higher Frequency, High Power Density Variants Of The Above With High Speed Or Geared Turbine Drive. Npes Dc Technologies Permit Prime Movers And Other Electrical Sources (such As Energy Storage) To Operate At Different, Non-60hz Electrical Frequency Speeds, Improving Survivability, Resiliency, And Operational Availability. Energy Storage That Is Fully Integrated With The Power Generation Can Enable Uninterrupted Power To High Priority Loads, Mission Systems That Reduce Susceptibility, And Damage Control Systems To Enable Enhanced Recoverability. the Specific Design Issues To Be Considered Include Fuel Efficiency, Module Level Power Density, Machine Insulation System Characteristics, Size, Weight, Cost, Maintainability, Availability, Harmonic Loading, Voltage, Power, System Grounding Approaches, Fault Protection, Response To Large Dynamic (step) Or Pulse Type Loading Originated From Ship Propulsion Or Directed Energy/electromagnetic Weapons, Interface To Main Or Ship Service Bus, Autonomy, Limited Maintenance, And Commercial Availability. Navy Interests Are In The Area Of Innovative Approaches To Power Generation In The 5 To 30 Mw Range, Utilizing Gas Turbines, Diesel Engines And Other Emerging Power Technologies That Address Challenges Associated With Achieving Reduced Fuel Consumption, Decreased Life Cycle And Acquisition Cost, Support Of Ship Integration, Enable Flexibility, Enable Power Upgrades, And Improved Environmental Compliance. Near Term Navy Interest Includes 10-30 Mw (nominally 25 Mw) Output Power Rating And The Power Generation Source Able To Supply Two Independent Electrical Buses (where Abnormal Conditions, Including Pulsed/stochastic Loads, On One Bus Do Not Impact The Other Bus) At 12 Kvdc (while Also Considering 6kvdc, 18kvdc, And 1 Kvdc). Enhanced Fuel Injection, Higher Operating Temperatures And Pressures, And Optimized Thermal Management Are Critical For Future Prime Movers. Advanced Controls For Increased Efficiency, Reduced Maintenance, And Increased Reliability Include Implementation Of Digital Controls; Autonomous And Unmanned Power Control; Enhanced Engine Monitoring, Diagnostics, And Prognostics; And Distributed Controls. Advanced Designs For Increased Efficiency Include New Applications Of Thermodynamic Cycles Such As Humphrey/atkinson Cycle For Gas Turbines And Diesels And Miller Cycle For Diesel. the Navy Is Interested In Developing A Knowledge Bank Of Information On Potential Generator Sets, Generator Electrical Interface Requirements, And The Impacts Of Those Requirements On Generator Set Performance And Size, As A Logical Next Step From The Request For Information Released Under Announcement N00024-16-r-4205. A Long-term Goal For This Effort Is To Maximize Military Effectiveness Through Design Choice And Configuration Option Flexibility When Developing Next-generation Distribution Plants. The Power Generation Source Should Fit Within The Length Of A Typical Engine Room (46 Feet, Including Allowances For Any Needed Maintenance And Component Removal). The Power Generation Source Is Expected To Have The Ability To: Control Steady-state Voltage-current Characteristic For Its Interface; To Maintain Stability; And To Adjust Control Set-points From System Level Controllers. For Any Proposed Design Approach, Initial Efforts Would Include Conceptual Design Trade Studies That Inform The Performance Level That Can Be Achieved. Trade Studies May Address Pulsed Load Capability (generator/rectifier Design To Increase Pulse Load Capability, Engine Speed Variation Limits, And Impact Of Cyclic Pulse Load On Component Life); Power Density (cost Vs. Benefits Of High Speed Or High Frequency, Mounting On Common Skid, And Advanced Cooling Concepts); Single Vs. Dual Outputs (continuous Vs. Pulse Rating For Each Output, Voltage Regulation With Shared Field, And Control Of Load Sharing); Efficiency (part Load Vs. Full Load Optimization, Flexible Speed Regulation, Impact Of Intake And Exhaust Duct Size/pressure Drop On Engine Efficiency); Power Quality (voltage Transient, Voltage Modulation For Step, Pulse Loads, Impact Of Voltage And Current Ripple Requirements, And Common Mode Current); Pgm Controls (prime Mover Speed Vs. Generator Field Vs. Rectifier Active Phase Angle Control, And Pulse Anticipation); Stability When Operating In Parallel With Other Sources; Short Circuit Requirements; And Dark Ship Start Capability (self-contained Support Auxiliaries). Trade Studies May Also Address How Rotational Energy Storage Can Be Built Into The Design Of The Generator Or Added To The Generator And What Parameters Need To Be Defined In Order To Exploit This Capability. Development Of Advanced Coatings And Materials That Support High Temperature Operations Of A Gas Turbine Is Also Of Interest. Energy Harvesting To Convert Heat Energy And Specifically Low Quality Heat Energy To Electricity Using Solid State Components Is Also Of Interest To The Navy. 4.3.5 Rotating Machines (including Generators And Propulsion Motors) recent Trends In Electrical Machines Include Neural Networks; Artificial Intelligence; Expert System; Fiber Communications And Integrated Electronics; New Ceramic Conducting And Dielectric Materials; And Magnetic Levitation. High Temperature Superconducting Rotors Have Higher Power Density Than Their Induction And Synchronous Rotor Counterparts. Wind Power Generators Eliminate Excitation Losses Which Can Account For 30% Of Total Generator Losses. The Offshore Wind Power Industry Is Moving To Larger Power Wind Tower Generators In The 10mw Class. Advanced Low Resistance Room Temperature Wire And Hts Shows Promise For These Higher Power Levels Because Of Low Excitation Losses And Low Weight Due To Reduction In Stator And Rotor Iron. Hts Motors May Be Up To 50% Smaller And Lighter Than Traditional Iron-core And Copper Machines. They Have Reduced Harmonic Vibrations Due To Minimization Of Flux Path Iron And Have Mitigated Thermal Cycling Failures Due To Precision Control Of Temperature. propulsion Motor Concepts Of Interest To The Navy Include Permanent Magnet Motors (radial Air Gap, Axial Air Gap, Or Transverse Flux), Induction Motors (wound Rotor Or Squirrel Cage), Superconducting Field Type (homopolar Dc Or Synchronous Ac). The Drivers And Issues Associated With These Designs Include Acoustic Signature, Noise (requirements, Limitations, Modeling, Sources, And Mitigation Methods), Shock, Vibration, Thermal Management, Manufacturing Infrastructure, Machine Insulation System Characteristics, Commercial Commonality, Platform Commonality, Cost, Torque, Power, Weight, Diameter, Length, Voltage, Motor Configuration, And Ship Arrangements Constraints. Motor Drives That May Be Explored Include Cyclo-converter (with Variations In Control And Power Device Types), Pulse Width Modulated Converter/inverter (with Many Variations In Topology), Switching (hard Switched, Soft Switched), And Matrix Converter (with Variations In Control, Topology, Cooling, Power Device Type). Technologies For Drives And Rotating Machines Which Allow The Ability To Operate As A Motor And A Generator To Facilitate A Pdss Installation Or On A Fully Integrated Power System To Leverage The Inherent Energy Storage In The Ship's Motion May Be Explored. Integrated Motor/propulsor Concepts May Be Considered Either As Aft-mounted Main Propulsion Or As A Forward Propulsor Capable Of Propelling A Ship At A Tactically Useful Speed. Areas Of Interest For Future Rotating Machines Include Increased Magnetic Material Flux Carrying Or Flux Generation Capacity; Improved Electrical Insulation Material And Insulation System Dielectric Strength; Increased Mechanical Strength, Increased Thermal Conductivity, And Reduced Sensitivity To Temperature; Improved Structural Materials And Design Concepts That Accept Higher Torsional And Electromagnetically Induced Stress; Innovative And Aggressive Cooling To Allow Improved Thermal Management And Increased Current Loading; Increased Electrical Conductor Current Carrying Capacity And Loss Reduction. 4.3.6 Cooling And Thermal Management as The Demand And Complexity Of High Energy Loads Increases, So Does The Demand And Complexity Of Thermal Management Solutions. Assessing And Optimizing The Effectiveness Of A Thermal Management System Requires The Analysis Of Thermal Energy Acquisition, Thermal Energy Transport, And Thermal Energy Rejection, Storage, And Conversion. The Design Of The Thermal Management System Aims To Transfer The Thermal Energy Loads At The Sources To The Sinks In The Most Efficient Manner. areas Of Interest To The Navy With Respect To Cooling And Thermal Management Include The Application Of Two Phased Cooling And Other Advanced Cooling Techniques To Power Electronics And Other Npes Components And Innovative Approaches To Manage Overall Ship Thermal Management Issues Including Advanced Thermal Architectures, Thermal Energy Storage Systems, Increases In Efficiency, And Advanced Control Philosophies. 4.3.7 Power Controls controls Manage Power And Energy Flow Within The Ship To Ensure Delivery To The Right Load In The Right Form At The Right Time. Supervisory Power System Control Typically Resides On An External Distributed Computer System And Therefore Does Not Include Hardware Elements Unless Specialized Hardware Is Required. The Challenge To Implement Tactical Energy Management (tem) Is To Integrate Energy Storage, Power Generation, And Interfaces With Advanced Warfighting Systems And Controls. Tem Is Critical To Enabling Full Utilization Of The Capabilities Possible From Technologies Under Development. The State Complexity And Combat Engagement Timelines For Notional Future Warfighting Scenarios Are Expected To Exceed The Cognitive Capacity And Response Times Of Human Operators To Effectively Manage The Electric Plant Via Existing Control System Schema In Support Of Executing Ship Missions. The Survivability Requirements For Military Ships Combined With The Higher Dynamic Power Characterisitics (pulse Load) Characteristics Of Some Mission Systems Will Require More Sophisticated Control Interfaces, Power Management Approaches, And Algorithms Than Are Commercially Available. The Navy Is Pursuing A Long Term Strategy To Create A Unified, Cyber Secure Architecture For Machinery Control Systems That Feature A Common, Reusable, Cyber Hardened Machinery Control Domain Specific Infrastructure Elements; A Mechanism For Transitioning New Technology From A Variety Of Sources In An Efficient And Consistent Manner; And A Mechanism To Provide Life Cycle Updates And Support In A Cost Effective And Timely Manner.tem Controls Will Be Expected To Maintain Awareness Of The Electric Plant Operating State (real Time Modeling); Interface With Ship Mission Planning (external To The Electric Plant Control Systems) For Energy Resource Prioritization, Planning, And Coordination Towards The Identification Of Resource Allocation States That Dynamically Optimize Mission Effectiveness; Identify And Select Optimal Trajectories To Achieving Those Optimal Resource Allocation States; And Actuate The Relevant Electric Plant Components To Move The Electric Plant State Along Those Optimized Trajectories Towards The Optimal Resource Allocation State. Tem Controls Would Enable Reduced Power And Energy System Resource Requirements For A Given Capability (or Improved Capability For A Given Set Of Resources); Increased Adaptability Of The Navy’s Power And Energy System Design To Keep Pace With An Evolving Threat Environment; And Maximized Abilities To Execute The Ship’s Mission. the Navy Is Interested In Potential Applications Of Distributed Control Architectures That Have Led To The Development Of Intelligent Agents That Have Some Autonomous Ability To Reason About System State And Enact Appropriate Control Policies. A Simple Example Of These Agents In A Control System Is The Use Of Autonomous Software Coupled With Smart Meters In A Smart Grid Implementation. The Agents, Smart Meters In This Example, Can Temporarily Shut Off Air Conditioning But Not The Refrigerator In Residences During Grid Peak Power Usage Times When The Cost Per Watt Is Highest On Hot Days. The Agent Software Acts Autonomously Within Its Authority To Comply With Programmed Customer Desires. The Navy Is Interested In Tem Controls Within A Modular Open Systems Architecture Framework Such That They Are Agnostic Of, But Affordably Customizable To, Specific Ship Platforms And Power System Architectures. Tem Controls May Reside Between (i.e. Interface With) Embedded Layers Within Individual Power System Components, Ships’ Supervisory Machinery Control Systems, And Ships’ Mission Planning Systems. Initial Or Further Development Or Modification Of These Interfaces May Be Required To Achieve Desired Performance Behaviors And Characteristics. Tem Controls Are Expected To Develop Within A Model-based System Engineering And Digital Engineering Environment And Will Be Initially Evaluated In A Purely Computational Environment, Representing Navy-developed Shipboard-representative Power And Energy System Architecture(s), But Will Be Progressively Evaluated On Systems With Increasing Levels Of Physical Instantiation (i.e., Controller-hardware-in-loop And Power-hardware-in-loop With Progressive Levels Of Representative Power System Components Physically Instantiated). When Implementing A Tem Based Control Scheme, The Overall Power System Should Increase Installed Power Generation Available To Mission And Auxiliary Loads; Reduce Power System Design Margins; Hone The Installed Stored Energy Required For Mission Critical Capability; And Allow Higher Power Transients (ramp Rates And Step Loads). Other Areas Of Interest To The Navy With Respect To Controls Include Improvements To Traditional Machinery Control And Automation, Advanced Power Management, Cyber Security, And Advanced Controls For Distributed Shared Energy Storage And Maintaining Electrical System Stability. The Navy Is Also Interested In Non-intrusive Load Monitoring, Power System Data Analytics, Real Time System Monitoring And Onboard Analysis And Diagnostics Capabilities. 4.3.8 System Interplay, Interfacing, And Integration increasingly, The Navy Is Recognizing The Need For Incorporating Flexibility And Adaptability Into Initial Ship Designs And Recognizing That The Integration Of New Systems And The Ability To Rapidly Reconfigure Them Will Be An Ongoing Challenge Throughout A Platform's Life Cycle In Order To Maintain Warfighting Relevancy. The Ability To Support Advanced Electrical Payload Warfighting Technologies Requires Not Only Power And Energy Systems Delivered With The Flexibility And Adaptability To Accommodate Them, But A Npes Engineering Enterprise With The Capability And Capacity (knowledge, Labor, And Capital) For Continuous Systems Integration. The Navy Can More Affordably Meet This Challenge By Shifting As Much Effort As Possible Into The Computational Modeling And Simulation Regime. an Integrated Power System (ips) Provides Total Ship Electric Power Including Electric Propulsion, Power Conversion And Distribution, Energy Storage, Combat System Support And Ship Mission Load Interfaces To The Electric Power System. Adding Energy Storage And Advanced Controls To Ips Results In An Integrated Power And Energy System (ipes) In Order To Accommodate Future High Energy Weapons And Sensors. The Ipes Energy Magazine Is Available To Multiple Users, And Provides Enhanced Power Continuity To The Power Distribution System. The Flexibility Of Electric Power Transmission Allows Power Generating Modules With Various Power Ratings To Be Connected To Propulsion Loads And Ship Service In Any Arrangement That Supports The Ships Mission At The Lowest Total Ownership Cost (toc). systems Engineering In Ips/ipes Is Focused On Increasing The Commonality Of Components Used Across Ship Types (both Manned And Unmanned) And In Developing Modules That Will Be Integral To Standardization, Zonal System Architectures, And Generic Shipbuilding Strategies With Standard Interfaces That Are Navy-controlled. Ipes Offers The Potential To Reduce Signatures By Changing The Frequency And Amplitude Of Acoustic And Electromagnetic Emissions. Integrated Energy Storage Can Reduce Observability By Enabling The Reduction And Elimination Of Prime Movers, Thereby Reducing Thermal And Acoustic Signatures. The Modules Or Components Developed Will Be Assessed For Applicability Both To New Construction And To Back-fit Opportunities That Improve The Energy Efficiency And Mission Effectiveness. areas Of Navy Interest Are To Continuously Improve Ips/ipes By Performing Analysis, Modeling And Simulation, Life Cycle Cost Analysis, Producibility Studies, Module Development, Ship Integration Studies, Architecture Design, Ship Electric Architectures And Support For High Power Weapons Systems Requirements, And Related Efforts. High Level Power System Architectures Are Based On Mvac And Mvdc Power With Attributes Of Power Density, Fault Management, Capability And Affordability. For Ship Service Electrical Loads, The Architecture Includes Zonal Electrical Distribution Which May Be Either Ac Or Dc, Depending Upon The Specific Application. In Addition To A Full Ipes Or Ips Implementation, Hybrid Electric Drive (hed) Where Mechanical Propulsion Is Augmented By Rotating Electric Machinery, Or Additional Power Generation Or Energy Storage May Be Of Interest. The Navy Desires To Understand The Performance And Cost Trade Space That Is Available For The Various Options Of Architecture; Component, System And Controls Technologies; Functional Allocations; And Interfaces. Also Of Interest Are Technologies That Result In Significant Energy Efficiency, Thermal Improvements, Power Density Improvements And/or Carbon Footprint Improvements Over Existing Propulsion And Power System Technologies. Another Area Of Interest For The Navy Is The Interface Definition Between Unique Electrical Loads And The Power System, And The Provision Of Specialty Power To Optimize That Load Interface. Among The Special Load Interfaces That Might Require Development Are Support For Pulsed Power Weapons And Sensors Such As Radar Power Supplies, Electromagnetic Launchers (for Example Electromagnetic Railgun), And Advanced Laser Systems, All Of Which Would Benefit From Optimized Integration With The Shipboard Power System. the Approach To Prototype Hardware Developed Under This Baa Is That It Fosters Modularity And Scalability (so That Families Of Products May Be Leveraged To Multiple Potential Applications) And Shall Accommodate An Open System Architecture Where Interfaces Are Well Defined And Mutually Accepted. The Navy Is Interested In Both Near Term Solutions That Have The Potential For Rapid Transition To A High Technology Readiness Level (trl) As Well As Longer Term Technology Pushes That Advance The Science And Would Enable A Future Compact Shipboard System. Risk Reducing Technology Prototype Demonstrations In The Near Term Are Encouraged. An Evaluation Of Emerging Technologies For Ship Applications (such As Energy Storage, Support For High Energy Weapons, Support For High Power Radars, High-speed Generators, And Advanced Power Electronics) To Determine Future Feasibility And Development Requirements Is Also Of Great Interest. Development Of Advanced Design Tools And Power System Specifications And Standards Is Also Key To Ensuring New Power Systems Will Integrate Aboard Ship. The Navy Is Interested In A Model-based Approach To Power System Engineering, From Early Concept System Architecture Trade Studies And Trade-space Exploration, To Production-ready Performance Specifications For Component And Systems Acquisitions. Particular Technologies And System Concepts Will Need To Be Evaluated In A Common Set Of Modeling Contexts And Environments Standardized Across The Navy Power System Engineering Enterprise. Modeling-enabled Evaluation Of Technology Alternatives And Performance Of System-level Trade Studies Requires That Models Be Delivered With A Sufficient Pedigree Supported By Analysis, Verification, And Validation (e.g., By Subscale Hardware Demonstrations) To Prove The Applicability Of The Models For The Standardized Modeling Contexts And Environments (model Based System Engineering). 5. Point(s) Of Contact all White Papers Shall Be Submitted To All Parties Identified Below: pms 460 Technical Poc: Josh Cushenette joshua.j.cushenette.civ@us.navy.mil navsea 0241 Poc: ms. Sakeena Siddiqi, Procuring Contracting Officer sakeena.s.siddiqi@us.navy.mil mr. Tyler Pacak, Contracting Specialist tyler.pacak@navy.mil iii. Award Information the Amount And Period Of Performance Of Each Selected Proposal Will Vary Depending On The Research Area And The Technical Approach To Be Pursued By The Selected Offeror. iv. Eligibility Information all Responsible Sources From Academia And Industry May Submit White Papers Under This Baa. Awards Under This Baa Will Likely Be Cost Plus Fixed Fee (cpff) And Thus Offerors Are Required To Have A Defense Contract Management Agency (dcma) / Defense Contract Audit Agency (dcaa) Approved Accounting System To Be Eligible For Award Or Evidence That A Pre-award Survey Has Been Initiated With Dcma/dcaa. v. Application And Submission Information 1. Application And Submission Process "white Papers" Are Desired By Navsea In Response To This Solicitation.all White Papers Shall Be Submitted Tonavseavia Email To The Following Address: Joshua.j.cushenette.civ@us.navy.mil. Hard Copy Submissions Are Not Accepted. Those Offerors With White Papers Considered To Have Merit Will Be Requested To Prepare Full Proposals For The Planned Effort As Specified Below. Receipt Of All White Papers Will Be Acknowledged By The Technical Point Of Contact Listed Above. White Papers Will Be Retained By The Navy And, Should An Application And Associated Funding Be Identified For The Concept Proposed, Additional Responses Will Be Requested Of The Offeror. 2. General Information For White Papers/full Proposals the White Papers And Proposals Submitted Under This Baa Are Expected To Be Unclassified. White Paper And Proposal Submissions Will Be Protected From Unauthorized Disclosure In Accordance With Far 15.207, Applicable Law, And Department Of Defense (dod)/department Of Navy (don) Regulations. Offerors Are Expected To Appropriately Mark Each Page Of Their Submission That Contains Proprietary Information. 2.1. White Papers 2.1.1 White Paper Format paper Size Shall Be No Larger Than 8.5" X 11" Paper With No Less Than 1" Margins On All Sides. The Font Shall Not Be Less Than 12 Point. The Format Of The Submission Shall Be One Electronic Copy In Microsoftword Or Excel Compatible Or .pdf Format. The Page Limit For White Papers Shall Be No Longer Than Twenty-five (25) Pages And Only Contain Information Necessary To Describe The Proposed Technical Concept And Comply With Content Requirements For The White Papers Stated Herein. 2.1.2 White Paper Content 2.1.2.1 Cover Page the Cover Page Shall Be Labeled "white Paper," And Shall Include The Baa Number, Proposed Title, Thecompany Technical/administrative Points Of Contact With Telephone Numbers And E-mail Addresses, The Company Commercial And Government Entity (cage) Code, Which Module Or Modules The White Paper Is Relevant To From The Research Opportunity Section Above (section Ii Paragraph 4), And The Names And Contact Information (if Known) Of The Assigned Dcma Administrative Contracting Officer (aco). 2.1.2.2 Technical Concept/naval Relevance the Technical Concept Shall Include A Description Of The Technology Innovation And Associated Technical Risk Areas. This Section Also Includes A Description Of The Potential Naval Relevance And Contributions Of The Proposed Effort To Improvement In The Performance Of Npes As Defined In The Npes Tdr. This Section May Include A Plan For Demonstrating And Evaluating The Operational Effectiveness Of The Offeror's Proposed Products Or Processes In Field Experiments And/or Tests In A Simulated Environment. 2.1.2.3 Capabilities; Related Experience And Past Performance, And Facilities the Capabilities Section Shall Describe Past Experience And Facilities That Demonstrate Yourcompany Ability To Complete The Scope Identified In The White Paper. This Section Shall Include Evidence Of The Company's Capabilities To Demonstrate The Technology Innovation Proposed. Offerors Shall Provide All Relevant Past Performance For Similar Or Related Work Under Contracts Currently Being Performed Or Completed During The Last Three (3) Years. The Offeror May Include Federal, State And Local Government And Private Sector Contracts. Offerors That Represent Newly Formed Entities, Without Prior Contract Experience, Should Identify Previous Contract And Subcontract Experience For All Principal Investigators Identified In The Proposal. This Section Will Not Be Counted Against The Page Limits Noted In Paragraph 2.1.1 Above. The Following Information For Each Such Contract Shall Be Provided: a. Contract Number b. Customer/agency c. Contracting Officer And Technical Point Of Contact (names And Phone Numbers) d. Brief Description Of Scope Of Work And Deliverables e. Contract Type f. Award Price/final Price g. Period Of Performance 2.1.2.4 Cost And Development Schedule the White Paper Should Identify The Total Estimated Cost And The Notional Development Timeline Of The Effort Proposed In The White Paper And A Brief Rational For How You Established This Rough Order Of Magnitude (rom) Cost Estimate. The Page Limit For The Estimated Cost And Schedule Information Shall Not Exceed One (1) Page; No Larger Than 8.5" X 11" When Printed On Paper With No Less Than 1" Margins On All Sides; And The Font Shall Not Be Less Than 12 Point. The Estimated Cost And Schedule Section Will Not Be Counted Against The Page Limits Noted In Paragraph 2.1.1 Above. For Planning Purposes, Depending Upon The Nature Of The Technology Being Proposed, A Contract That May Result From The White Paper Could Be Staged Using Multiple Phases, Starting With Concept Exploration And Technology Characterization. Should The Concept Prove Meritorious, Options May Be Included To Take The Technology/approach Through A Design And Prototype/software Build. The Total Potential Contract Period Of Performance Cannot Exceed Five (5) Years. 2.1.2.5 Assertion Of Data Rights include Here A Summary Of Any Proprietary Rights (limited/restricted) To Pre-existing Results, Prototypes, Or Systems Supporting And/or Necessary For The Use Of The Research, Results, And/or Prototype. If There Are Proprietary Rights, The Offeror Must Explain How These Affect Its Ability To Deliver Subsystems For Integration. Additionally, Offerors Must Explain How The Program Goals Are Achievable In Light Of These Proprietary And/or Restrictive Limitations. If There Are No Claims Of Proprietary Rights In Pre-existing Data, This Section Shall Consist Of A Statement To That Effect. In Order For A Data Rights Assertions List To Be Accepted By The Government And Included As An Attachment To A Contract, The Dfars (252.227-7013 And 252.227-7014) Requires That The Information Be Listed In A Table Having Four Columns. In The First Column, Technical Data To Be Furnished With Restrictions, For Non-commercial Technical Data Items, Both The Item And The Technical Data Pertaining To That Item Must Be Listed. Also, The Assertion Must Be Made At The Lowest Component Level. And Since Technical Data Is Defined As "recorded Information Of A Scientific Or Technical Nature", A Document Where The Technical Data Is Recorded Must Also Be Listed. This Is Usually, But Not Always, A Drawing Number. Non-commercial Computer Software Items Should Similarly Be Listed At The Lowest Practicable Subroutine Level And Should Also List A Version Number. 2.1.2.6 Accounting System Documentation the White Paper Shall Include Evidence Of An Approved Accounting System Or Evidence That A Pre-award Survey Has Been Initiated With Dcma/dcaa For An Approved Accounting System. 2.2 Full Proposals Format And Content once A White Paper Topic Has Been Selected To Proceed To The Next Step, The Contracting Officer Will Issue A Request For Proposal (rfp) Letter With Additional Detail On The Required Content Of The Proposal, Page Limitations, And Due Dates. The Rfp Letter Will Also Provide Details Of The Notional Statement Of Work For The Effort, Including A Level Of Effort For Related Engineering Services As Described Above; Any Optional Phases; A Description Of The Required Deliverable Data; And The Required Contents And Details Of The Cost Volume. 2.2.1 Associated Engineering Services the Potential Contract, At The Option Of The Government, May Also Include The Services Of Qualified Engineers/technicians And Management Functions To Perform Engineering Support For Follow-on Investigations, Additional Trade Studies, Participation In Navy Directed Interface Working Groups (iwg) To Assess The Technology Implementation In Shipboard Applications, And Hardware Evaluations To Determine The Effectiveness Of The New Technologies Developed Under The Basic Effort. This Level Of Effort Shall Not Be Included In The White Paper Submission, But May, At The Option Of The Government, Be Included In Any Resultant Contract. The Nature Of The Services To Be Performed Shall Be Integrally Related To The Core Scope Of The Contract, Shall Form A Logical Extension Of The Work Otherwise Performed (such As Completion Of Testing Of Articles Developed Or Extending The Performance Capability Of The Articles Developed), Or Shall Provide Amplifying Details Of The Articles Or Technologies Beyond That Otherwise Required And Shall Result In A Specific End-product, Such As A Report. Funding For Engineering Services May Be From R&d, Ship Construction, Operation & Maintenance; Or Other Procurement Sources As May Be Appropriate For The Follow-on Activity Required, But Shall Not Be Used For Production Of Any Technology Proposed. vi. Evaluation Information 1. Evaluation Criteria 1.1 White Papers evaluation Of The "white Papers" Will Be Based On A Competitive Selection Resulting From A Scientific Review Using The Following Evaluation Criteria: criteria 1: Overall Scientific And Technical Merits Of The Concept Proposed And The Potential Naval Relevance And Contributions Of The Effort To The Improved Performance Of Npes Modules And Architectures Within A Reasonable Development Schedule. criteria 2: Potential Risks To The Development And Future Acquisition Associated With The Assertion Of Data Rights. criteria 3: Capabilities; Related Experience And Past Performance; And Facilities criteria 4: Potential Risks To The Development Associated With The Length Of The Development Schedule And The Availability Of Funds To Complete All Proposed Tasks. selection Of The Offeror(s) From Which Rfps Will Be Issued Will Be Based Upon Thegovernments Assessment Of The Criteria Above And The Availability Of Funds To Accomplish The Proposed Effort. White Papers Submitted Under This Baa Will Be Protected From Unauthorized Disclosure In Accordance With Far 3.104-5 And 15.207. The Cognizant Government Experts Will Perform The Evaluation Of Technical Proposals. 1.2 Ratings Used For Scientific Review 1.2.1 Criteria 1 overall Scientific And Technical Merits And Potential Naval Relevance Of The Concept. rating = Excellent: Research Proposal Demonstrates High Potential For Providing Technological Advancement Relative To The Baselines Described In The 2019 Npes Tdr With A Reasonable Amount Of Developmental Risk. Research Proposal Demonstrates High Potential For Direct Application To A Future Npes Ship And/or Will Significantly Improve The Performance Of Npes Modules And/or Architectures. rating = Good: Research Proposal Demonstrates Moderate Potential For Providing Technological Advancement Relative To The Baselines Described In The 2019 Npes Tdr With A Reasonable Amount Of Development Risk. Research Proposal Demonstrates Moderate Potential For Direct Application To A Future Npes Ship And/or Will Probably Improve The Performance Of Npes Modules And/or Architectures. rating = Poor: Research Proposal Demonstrates Low Potential For Providing Technological Advancement Relative To The Baselines Described In The 2019 Npes Tdr With A Reasonable Amount Of Development Risk And/or Have An Unreasonable Amount Of Development Risk. Research Proposal Demonstrates Low Potential For Direct Application Of A Future Npes Ship And/or Will Not Significantly Improve The Performance Of Npes Modules And/or Architectures. 1.2.2. Criteria 2 potential Risks To The Development And Future Acquisition Associated With The Assertion Of Data Rights. rating = Excellent: There Is Low Or No Risk That The Level Of Data Rights Proposed Would Limit Thegovernments Ability To Use The Technical Data Generated During The Performance Of The Contract As Part Of A Technical Data Package For Future Competitive Development Or Production Efforts. rating = Good: There Is Moderate Risk That The Level Of Data Rights Proposed Would Limit Thegovernments Ability To Use The Technical Data Generated During The Performance Of The Contract As Part Of A Technical Data Package For Future Competitive Development Or Production Efforts. rating = Poor: There Is High Risk That The Level Of Data Rights Proposed Would Limit Thegovernments Ability To Use The Technical Data Generated During The Performance Of The Contract As Part Of A Technical Data Package For Future Competitive Development Or Production Efforts. 1.2.3 Criteria 3 capabilities; Related Experience And Past Performance; Facilities; Techniques; And Qualifications, Capabilities And Experience Of The Proposed Principal Investigator / Team Leader. rating = Acceptable: Based On The Offerors Performance Record, The Government Has A Reasonable Expectation That The Offeror Will Successfully Perform The Required Effort, Or The Offeror's Performance Record Is Unknown. In The Case Of An Offeror Without A Record Of Relevant Past Performance Or For Whom Information On Past Performance Is Not Available Or So Sparse That No Meaningful Past Performance Rating Can Be Reasonably Assigned, The Offeror May Not Be Evaluated Favorably Or Unfavorably On Past Performance (see Far 15.305 (a)(2)(iv)). Therefore, The Offeror Shall Be Determined To Have Unknown (or "neutral") Past Performance. In The Context Of Acceptability/unacceptability, A Neutral Rating Shall Be Considered "acceptable." rating = Unacceptable: Based On The Offerors Performance Record, The Government Does Not Have A Reasonable Expectation That The Offeror Will Be Able To Successfully Perform The Required Effort. 1.2.4. Criteria 4 potential Risks To The Development Associated With The Length Of The Development Schedule And The Availability Of Funds To Complete All Proposed Tasks. rating = Excellent: There Is Low Or No Risk That The Technology Development Timelines And The Availability Of Funds Necessary To Conduct The Development Would Not Support The Governments Ability To Transition The Technology Development For Future Competitive Development Or Production Efforts. rating = Good: There Is Moderate Risk That The Technology Development Timelines And The Availability Of Funds Necessary To Conduct The Development Would Not Support The Governments Ability To Transition The Technology Development For Future Competitive Development Or Production Efforts. rating = Poor: There Is High Risk That The Technology Development Timelines And The Availability Of Funds Necessary To Conduct The Development Would Not Support The Governments Ability To Transition The Technology Development For Future Competitive Development Or Production Efforts. vii. Security Classification in Order To Facilitate Intra-program Collaboration And Technology Transfer, The Government Will Attempt To Enable Technology Developers To Work At The Unclassified Level To The Maximum Extent Possible. If Access To Classified Material Will Be Required At Any Point During Performance, The Offeror Must Clearly Identify Such Need Prominently In Their Proposal. If Offerors Use Unclassified Data In Their Deliveries And Demonstrations Regarding A Potential Classified Project, They Should Use Methods And Conventions Consistent With Those Used In Classified Environments. Such Conventions Will Permit The Various Subsystems And The Final System To Be More Adaptable In Accommodating Classified Data In The Transition System. contracting Office Address: n00024 Naval Sea Systems Command, Dc 1333 Isaac Hull Avenue S.e. Washington Navy Yard, Dc contracting Office Address: sea 02 1333 Isaac Hull Avenue Se washington Navy Yard, District Of Columbia 20376 United States place Of Performance: tbd united States primary Point Of Contact: ms. Sakeena Siddiqi, Procuring Contracting Officer sakeena.s.siddiqi.civ@us.navy.mil secondary Point Of Contact: mr. Tyler Pacak, Contract Specialist tyler.pacak@navy.mil

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Construction Of Multi-purpose Building Phase Iii Barangay Sta Potenciana, Mapanas Northern Samar Contract Reference No. 2024-12-1014 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 36 Section Iv. General Conditions Of Contract 39 Section V. Special Conditions Of Contract 71 Section Vi. Specifications 73 Section Vii. Drawings 83 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 85 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Construction Of Multi-purpose Hall Phase Iii Brgy. Sta Potenciana, Mapanas N. Samar. The Lgu-barangay Sta Potenciana, Mapanas, Northern Samar, Through The 20% Economic Development Fund (edf) Of Fy 2024 Intends To Apply The Sum Of Six Hundred Forty Nine Thousand Three Hundred Forty Five Pesos 39/100 Only (p649,345.39) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Multi-purpose Hall Phase Iii, Barangay Sta Potenciana, Mapanas N. Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Multi-purpose Phase Iii Barangay Sta Potenciana Mapanas, N. Samar. I Excavation Works (septic Tank) 7.20 Cu.m. Ii Formworks (allow 2-uses) 1.00 Lot Iii Masonry Works 33.00 Sq.m. Iv Doors & Window 1.00 I.s. V Plumbing Works 1.00 I.s. Vi Electrical Works 1.00 I.s. Spl 1 Railings (concrete Stair Baluster) 1.00 I.s. Spl 2 Septic Vault 1.00 I.s. Spl 3 Standard Project Billboard 1.00 Unit. Completion Of The Works Is Required 60 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From December 09, 2024 To December 28, 2024 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P500.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On December 18, 2024 At 10:00 A.m. @ Barangay Sta Potenciana Multi-purpose Building, Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of December 30, 2024 At Bac Office, @ Barangay Sta Potenciana Multi-purpose Building, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before December 29, 2024 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Barangay Sta Potenciana, Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Multi-purpose Building Barangay Sta Potenciana Mapanas, N. Samar. I Excavation Works (septic Tank) 7.20 Cu.m. Ii Formworks (allow 2-uses) 1.00 Lot Iii Masonry Works 33.00 Sq.m. Iv Doors & Window 1.00 I.s. V Plumbing Works 1.00 I.s. Vi Electrical Works 1.00 I.s. Spl 1 Railings (concrete Stair Baluster) 1.00 I.s. Spl 2 Septic Vault 1.00 I.s. Spl 3 Standard Project Billboard 1.00 Unit. Completion Of The Works Is Required 60 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From December 09, 2024-december 28, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P1,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On December 27, 2024 At 10:00 A.m. At Multi-purpose Building Of Barangay Sta Potenciana, Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of December 30, 2024 At , @ Multi-purpose Building Of Barangay Sta Potenciana, , Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 12 1. Scope Of Bid 12 2. Source Of Funds 12 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 12 4. Conflict Of Interest 13 5. Eligible Bidders 15 6. Bidder’s Responsibilities 16 7. Origin Of Goods And Services 18 8. Subcontracts 18 B. Contents Of Bidding Documents 18 9. Pre-bid Conference 18 10. Clarification And Amendment Of Bidding Documents 19 C. Preparation Of Bids 19 11. Language Of Bids 19 12. Documents Comprising The Bid: Eligibility And Technical Components 19 13. Documents Comprising The Bid: Financial Component 22 14. Alternative Bids 22 15. Bid Prices 23 16. Bid Currencies 23 17. Bid Validity 24 18. Bid Security 24 19. Format And Signing Of Bids 26 20. Sealing And Marking Of Bids 27 D. Submission And Opening Of Bids 27 21. Deadline For Submission Of Bids 27 22. Late Bids 27 23. Modification And Withdrawal Of Bids 28 24. Opening And Preliminary Examination Of Bids 28 E. Evaluation And Comparison Of Bids 29 25. Process To Be Confidential 29 26. Clarification Of Bids 30 27. Detailed Evaluation And Comparison Of Bids 30 28. Post Qualification 31 29. Reservation Clause 32 F. Award Of Contract 33 30. Contract Award 33 31. Signing Of The Contract 34 32. Performance Security 34 33. Notice To Proceed 35 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Construction Of Multi-purpose Building Phase Iii, Brgy. Sta Potenciana, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2024-12-1014___ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2024. The Name Of The Project Is: Construction Of Multi-purpose Building Phase Iii, Brgy. Sta Potenciana, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On December 18, 2024 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Noe Drio Lgu-bac Chairperson Tel. No. __________ 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php649,345.39 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 120 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 12,345.39 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P32,467.27 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Kgd. Noe Drio Lgu Barangay-bac Chairperson Bac Office @ Barangay Sta Potenciana Multi-purpose Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On October 30 , 2024. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is October 18, 2024 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 42 2. Interpretation 44 3. Governing Language And Law 44 4. Communications 44 5. Possession Of Site 44 6. The Contractor’s Obligations 45 7. Performance Security 46 8. Subcontracting 47 9. Liquidated Damages 47 10. Site Investigation Reports 48 11. The Procuring Entity, Licenses And Permits 48 12. Contractor’s Risk And Warranty Security 48 13. Liability Of The Contractor 50 14. Procuring Entity’s Risk 50 15. Insurance 50 16. Termination For Default Of Contractor 52 17. Termination For Default Of Procuring Entity 52 18. Termination For Other Causes 53 19. Procedures For Termination Of Contracts 54 20. Force Majeure, Release From Performance 57 21. Resolution Of Disputes 57 22. Suspension Of Loan, Credit, Grant, Or Appropriation 58 23. Procuring Entity’s Representative’s Decisions 58 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 58 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 59 26. Extension Of The Intended Completion Date 59 27. Right To Vary 59 28. Contractors Right To Claim 60 29. Dayworks 60 30. Early Warning 60 31. Program Of Work 60 32. Management Conferences 61 33. Bill Of Quantities 61 34. Instructions, Inspections And Audits 62 35. Identifying Defects 62 36. Cost Of Repairs 62 37. Correction Of Defects 62 38. Uncorrected Defects 63 39. Advance Payment 63 40. Progress Payments 63 41. Payment Certificates 64 42. Retention 64 43. Variation Orders 65 44. Contract Completion 67 45. Suspension Of Work 67 46. Payment On Termination 68 47. Extension Of Contract Time 68 48. Price Adjustment 69 49. Completion 69 50. Taking Over 70 51. Operating And Maintenance Manuals 70 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date 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. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With 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. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, 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. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. 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 Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 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. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. 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. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, 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. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. 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. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) 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, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works 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. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. 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. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. 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. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request 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. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 60 Cd From Ntp. 1.21 The Procuring Entity Is Lgu-barangay Magtaon, Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Hon. Jocelyn B. Saavedra Punong Barangay Barangay Sta Potenciana Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Brgy. Sta Potenciana, Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Construction Of Multi-purpose Building Phase Iii @ Brgy. Sta Potenciana, Mapanas, N. Samar I Excavation Works (septic Tank) 7.20 Cu.m. Cu.m. Ii Formworks (allow 2-uses) 1.00 Lot Lot Iii Masonry Works 33.00 Sq.m. Sq.m. Iv Doors & Window 1.00 I.s. I.s. V Plumbing Works 1.00 I.s. I.s. Vi Electrical Works 1.00 I.s. I.s. Spl 1 Railings (concrete Stair Baluster) 1.00 I.s. I.s. Spl 2 Septic Vault 1.00 I.s. I.s. Spl 3 Standard Project Billboard 1.00 Unit Unit. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Construction Of Multi-purpose Building Phase Iii, Location : Brgy. Sta Potenciana, Mapanas, Northern Samar Item No. Description Qty. Unit. I. Excavation Works. (septic Tank) Labor Foreman 1 1 Skilled Labor 1 1 Unskilled Workers 3 2 Ii. Materials Del. @ Jobsite 40-2”x3”x10’ Coco Lumber 200 Bd.ft. 20-2”x2”x10’ Coco Lumber 66.67 Bd.ft. 1 ½” Cw Nails 2 Kls. 2” Cw Nails 4 Kls. A. Labor Requirement Foreman 1 1.00 Skilled Carpenter 1 1.00 Unskilled 1 1.00 Labor Foreman 1 1 Skilled Workers 1 2 Unskilled Workers 2 2 Materials Deliver @ Jobsite 40-2”x3”x10’ Coco Lumber 200 Bd.ft. 20-2”x2”x10’ Coco Lumber 66.67 Bd.ft. 1 1/2 “ Cw Nails 2 Kls. 2” Cw Nails 4 Kls. 3” Cw Nails 6 Kls. Labor Foreman 1 1 Skilled Workers 1 2 Unskilled Workers 2 2 Materials Del. @ Jobsite Interior Wall Partition (2nd Floor) 18 Sq.m. 100mm Chb 234 Pcs. Washed Sand 1 Cu.m. Portland Cement 9 Bags 10mm0x6.0 Def. Bars 58 Pcs. #16 G.i. Tie Wire 1.00 Kgs. Cement Plastering (exterior, Interior And Partition Wall @ 2nd Floor) 291.00 Sq.m. Washed Sand 9.00 Cu.m. Portland Cement 102 Bags Labor Foreman 1 6 Skilled Workers 2 6 Unskilled Workers 4 6 Iii. Doors & Windows D-1 (1.0mx2.10m) 12mm Thk Semi Frameless Glass Door On 50mmx100, Analok Frame And Jamb, Complete Accessories (vertical Glass Door Handle, And Lockset) 1 Set Door Knob, Lever Type 2 Set D-3 (0.750mx2.10m Pvc Door)-cr 2 Set Windows W-1 (.90mx1.20m) Analok Framed 2 Panel Sliding Glass, 6mm Thk. 16 Set W-2 (1.5mx1.20m) Analok Framed 3-panel Sliding Glass, 6mm Thk. 2 Set W-3 (1.0mx2.050m) Analok Framed, 6 Panel Awning Type Window & 1 Fixed Window Glass, 6mm Thk. 1 Set W-4 (0.550mx0.40m) Analok Framed Awning Type Window Glass With 6mm Thk. 2 Set W-7 (3.10mx3.0m) Analok Framed And Jamb, 1 Set W-8 (2.970mx3.0m) Analok Alum Framed And Jamb, Fixed Window 6mm Thk 1 Set Labor Foreman 1 5 Skilled Laborer 2 5 Unskilled 2 5 V Plumbing Water Closet, With Cover (pail Flush) Heavy Duty) 2 Set Wall Mounted Lavatory With Lever Type Faucet 2.00 Set Sewer Line 3”x30m Pvc Pipe 2 Pcs. 2”x3.0m Pvc Pipe 2.0 Pcs. 2” Or 4” M Pvc Bend Elbow (canopy/roof Drain) 6.00 Pcs. S”ox90deg. Pvc Bend Elbow (canopy Drain) 6 Pcs. C-clamp2 2”pvc (roof Drain) 9 Pcs. 75mmo(3”) Long Sweep Elbow (cleanout) 2 Pcs. 75mmo (3) Cleanout Cover 2 Pcs. 75mmo (3”) X50mm Tee (for Vent Pipe Connection) 1 Pcs. 75mmo Wye (to Receive W.c. & P-trap) 75mmo P-trap Foor Drain 75mmo (3”) Long Sweep Elbow (to Receive Water Closet Waste) 2 Pcs. 50mmx50mm Tee 2 Pc. 50mm X ¼ Bend Elbow 1 Pc. 1/2”o Tee 4 Pcs. 1/2”o Female Adopter 6 Pcs. ½”o Faucet 2 Pc. Teflon Tape 4 Roll 1hp Water Pump Motor 1 Unit Labor Foreman 1 3 Skilled Mason 1 2 3 Unskilled 1 2 3 Spl 1 Railings (concrete Stair Baluster) Concrete Railings With Concrete Baluster 1.00 I.s. Labor Foreman 1 5 Skilled Laborer 2 5 Unskilled Laborer 3 5 Spl2 Septic Vault 100mm Chb 200 Pcs. Washed Sand 2.50 Cu.m. Washed Gravel 1 Cu.m. Portland Cement 30 Bags 12mmox6.0 Def. Bars 5 Pcs. 10mmox6.0 Def. Bars 15 Pcs. #16 G.i. Tie Wire 1.50 Bags Ordinary Plywood 2 Pc. Asstd. Cwn 1 Kl. Coco Lumber Reuse From Form Works (scaffolding) Pvc Sanitary Pipe 100mmo, S-1000 1 Pc. Pvc Sanitary Tee 100mmo, S 1000 2 Pc Pvc Sanitary Plug/ Clean Out-100mmo, S-1000 2 Pc. Labor Foreman 1 3 Skilled Workers 1 3 Unskilled 4 3 Spl 3 Materials Del. @ Jobsite 4’x8’-tarpauline (printed) 1.00 Pc. Marine Plywood, 4’x8’x1/2” 1.00 Pc. A. Assorted Coco Lumber 42.00 Bd. Ft. Labor Foreman 1 1 Skilled Laborer 1 1 Unskilled Laborer 1 1 Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Multi-purpose Building Phase Iii Brgy. Sta Potenciana, Mapanas, N. Samar I Excavation Works (septic Tank) 7.20 Cu.m. 587.74 3,878.96 Ii Form Works ( Allow 2-users) 1.0 Lot 14, 108.53 14, 108.53 Iii Masonry Works 4.0 Sq.m. 2,720.01 89,760.27 Iv Doors & Windows 1.0 I.s. 193, 446.40 193,446.40 V Plumbing Works 1.00 I.s. 31,297.84 31,297.84 Vi Electrical Works 1.00 I.s. 60, 497. 00 60, 497.00 Spl 1 Railings (concrete Stair Baluster) 1.00 I.s. 60,712.00 60, 712.00 Spl 2 Septic Vault 1.00 I.s. 36, 715.66 36, 715.66 Spl 3 Standard Project Billboard 1.00 Unit 4, 778.36 4,778.36 Total 495,195.02 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 87 Form Of Contract Agreement 89 Omnibus Sworn Statement 91 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Construction Of Multi-purpose Building , Barangay Sta Potencian , Mapanas N. Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.