Earthwork Tenders

Details: Description Terms Of Reference 1. Project Description The Philippine National Oil Company (pnoc), Under Its Three Arrows Strategy, Is Revolutionizing Sustainable Energy Solutions By Spearheading Rooftop Solar Power Projects For Various Government Buildings. This Initiative Supports The Government's Strategy To Reduce Its Dependence On International Fuel Markets And Promote Renewable Energy Use. In Line With The Inter-agency Energy Efficiency And Conservation Committee (iaeecc) Resolution Of 07 July 2023, Government Entities, Including Government-owned And Controlled Corporations (goccs), State Universities And Colleges (sucs), And Local Government Units (lgus), Are Mandated To Install At Least 20% Of Their Electricity Requirements From Solar Photovoltaic (pv) Systems Or Equivalent Renewable Energy Technologies Within Three Years. Additionally, This Project Aligns With The Government Energy Management Program (gemp), Which Encourages A Minimum 10% Reduction In Electricity Consumption Across All Government Entities. By Ensuring Zero Export Of Energy To The Distribution Grid, This Forward-thinking Project Not Only Reduces Costs But Also Elevates Environmental Stewardship, Setting A New Standard For Green Energy In The Public Sector. Pnoc Invites Submissions From Reputable Organizations (referred To As "the Contractor") Capable Of Providing A Comprehensive Turnkey Solution Encompassing Engineering, Procurement, Construction, Commissioning, And Testing And Commissioning, And One-year Operations And Maintenance (referred To As "epctc") For The Project. The Project Shall Be Named “supply, Delivery, Installation, Testing And Commissioning Of 25kwp Solar Pv Rooftop System At Carmona Water District Admin Building”. The Project Site Is Located At Cityland Subdivision, Brgy. Carmona, Cavite. 2. Objectives Of The Contract The Intent Of The Terms Of Reference Is To Provide The General And Technical Requirements Necessary For The Implementation Of The Project. However, It Is The Contractor’s Obligation To Investigate And Validate All Information Herewith As Part Of Their Work To Be Undertaken. Thus, Any Discrepancies In The Tor In Accordance With Applicable And Generally Accepted Engineering And Construction Practices, Government Rules And Regulation And The Latest Industry Codes And Standards For Solar Pv Development Shall Not Relieve The Contractor Of The Accuracy Of Their Work. A. Define Project Scope: Clearly Outline The Scope Of Work For The Turnkey Epc (engineering, Procurement, And Construction) Contractor, Including Project Preparation, Procurement, Installation, Construction, Testing, Commissioning, And Operation And Maintenance (o&m). B. Establish Deliverables: Specify The Required Deliverables, Including Documentation, Performance Guarantees, And O&m Plans, To Ensure Comprehensive Project Execution And Accountability. C. Set Performance Standards: Provide Criteria For The Performance And Quality Of The Solar Pv Systems, Ensuring They Meet Industry Standards And Regulatory Requirements. D. Detail Compliance Requirements: Ensure The Epc Contractor Adheres To All Relevant Local, National, And International Regulations And Standards, Promoting Safety, Reliability, And Environmental Responsibility. E. Specify Evaluation Criteria: Establish The Criteria For Selecting The Epc Contractor, Focusing On Experience, Technical Expertise, Financial Stability, And The Quality Of The Proposed Solutions. F. Ensure Zero Export Compliance: Mandate That The Solar Pv Systems Operate With Zero Export To The Distribution Grid, Ensuring On-site Energy Optimization And Compliance With Regulatory Requirements. G. Provide Maintenance Guidelines: Include A Comprehensive One-year O&m Plan To Ensure The Longevity, Efficiency, And Optimal Performance Of The Installed Solar Pv Systems. H. Promote Transparency And Reporting: Require Regular Progress Reports From The Epc Contractor To Pnoc, Detailing Project Milestones, Challenges, And Resolutions, Fostering Transparency And Effective Project Management. 3. Approved Budget For The Contract (abc) Pnoc Has An Approved Corporate Budget In The Amount Of One Million Three Hundred Fifty Thousand Pesos (php 1,350,000.00) For The Project. 4. Scope Of Works The Scope Of Work For The Contractor Includes: 4.1. Project Preparation The Contractor Shall Facilitate All Preliminary And General Works On Time So That Any Issues Or Problems Encountered Can Be Addressed. If The Contractor Fails To Timely Execute The Works, Then Any Delays Due To Pending Issues And Problems Shall Be Of The Contractor’s Account. ● Kick-off Meeting The Contractor Shall Schedule A Kick-off Meeting No Later Than Ten (10) Calendar Days Starting From The Date Of Commencement As Stated In The Ntp. The Kick-off Meeting Shall Be Held At Site To Discuss Mobilization And Construction Schedules And Other Details Necessary Prior Project Execution. All Key Personnel Must Be Available During The Kick-off Meeting. ● Mobilization The Contractor Shall Facilitate The Mobilization Of Manpower And Equipment, Including Operating Supplies And Tools Necessary For The Project Immediately After The Kick-off Meeting. ● Temporary Facilities And Storage/staging Area The Contractor Shall Be Provided With A Temporary Headquarters Immediately After The Kick-off Meeting. The Location Of The Headquarters And Storage/staging Area Shall Be Determined With The Consent Of The Building Owner. ● Site Survey And Assessment The Contractor Shall Undertake Its Own Site Survey, Verification, And Assessment, Including Actual Measurements Of Voltage, Current, Frequency And Power Quality For A Period Of Seven (7) Calendar Days Upon Mobilization, Identification Of Access, Etc., To Identify All Necessary Information About The Site Conditions And Design Parameters. Additionally, The Contractor Shall Perform An Energy Yield Assessment To Estimate The Potential Solar Energy Generation In The Installation Site The Assessment Shall Also Include The Condition Of Roof And Existence Of Roof Leaks, And The Safety And Reliability Of The Existing Electrical System(s) And The Whole Installation, And Maintenance Concerns. All Findings And Necessary Engineering Intervention Shall Be Incorporated In The Detailed Project Designs And Engineering Plans And Shall Be Properly Addressed During Construction. ● Permits And Clearances The Contractor Shall Secure The Construction Permit, Safety Permit, Building Permit And Other Approvals, Clearances, And Licenses Necessary Prior To The Start Of Construction And Installation. The Contractor Shall Also Secure Necessary Permits/documents As Required By The Distribution Utility For The Installation Of The Rooftop Solar Pv System On The Installation Site. ● Detailed Project Designs And Engineering Plans The Contractor Shall Submit Detailed Project Designs And Engineering Plans No Later Than Ten (10) Calendar Days Starting From The Date Of Commencement Stated In The Ntp. The Detailed Project Designs And Engineering Plans Must Reflect All Additional Requirements And Information Needed Based On The Reviewed Preliminary Design Drawings. The Detailed Project Designs And Engineering Plans Shall Be Furnished Using Engineering Standard Templates, Adequate, Readable And Must Be Written In English. The Contractor Must Use Computer-aided Design And Drafting Software (cad) Or Equivalent. Likewise, Electronic Components With Built-in Programs And Software Shall Be Accompanied By Their Corresponding Programs And Ladder Logic Diagrams For Submission To Pnoc Prior To The Installation Of The Systems. The Detailed Project Designs And Engineering Plans Shall Be Signed And Sealed By Professional Engineers (electrical And/or Civil/structural Engineer), And Pnoc And Building Owner’s Authorized Representatives. Pnoc Shall Have The Right To Require The Contractor Additional Drawings Or Information As May Be Necessary. The Minimum Number Of Original Copies To Be Produced By The Contractor Shall Be 3 Sets Of A3 Size And 2 Electronic Copies Containing Cad And Pdf Files, As An Advance Copy. The Contractor Must Also Submit A Hard Copy As An Official Document. Pnoc Reserves The Right To Reproduce Any Drawings Or Documents Received From The Contractor As May Be Necessary. To Avoid Revisions, The Contractor May Submit First Draft Drawings Or E-file Via Email Before Printing The Detailed Project Designs And Engineering Plans. 4.2. Procurement The Contractor Shall Be Responsible For The Procurement Of All Equipment And Construction Materials, Including Consumables, Necessary To Complete The Project. All Delivered Equipment And Construction Materials, Including Consumables, Shall Be Subject To Testing And Inspection By Pnoc. Testing And Inspection Includes Visual Checking, Measurement, Validation Of Specifications (in The Nameplates) And Other Applicable Testing Methods As Deemed Necessary. Pnoc Shall Release A Materials Inspection Report (mir) For The Findings Of The Inspected Materials. Any Damage Or Deficiency Shall Be Rectified Or Replaced By The Contractor Without Additional Charges To Pnoc. ● Equipment And Construction Materials The Contractor May Source All Equipment And Construction Materials, Including Consumables Locally Or Abroad Provided These Shall Conform To The Required Design Specifications And Standards. In Case Of Changes In The Source Of Supply Or Brand, The Contractor Shall Submit A Letter Of Request Stating The Reasons For The Changes For Pnoc’s Review And Approval. ● Factory Acceptance Test (fat) The Contractor Must Provide Any Proof That The Manufacturer’s Factory Or Fabricator’s Shop Has Passed The Fat For The Solar Panels And Inverters. All Related Testing Expenses Shall Be Of The Contractor’s Account. Receipt And Acceptance Of The Certified Test Reports And Inspection & Testing Certificate By Pnoc Shall In No Way Relieve The Contractor Of Its Responsibility. ● Handling And Delivery The Contractor Shall Perform Proper Packing, Loading, Transportation, Hauling And Unloading Of Equipment In Accordance With The Manufacturer's Standards And Recommendations. All Duties And Taxes Including Export Permits And Clearances, Insurances And Warranties Shall Be Of The Contractor’s Account. The Equipment And Construction Materials Shall Be Delivered Directly To The Project Site(s). The Contractor Shall Secure Handling And Delivery Manuals From The Manufacturer. The Contractor Shall Notify Pnoc For All Incoming Materials And Submit Delivery Receipt Upon Delivery For Inspection And Acceptance By Pnoc Prior To Installation. All Equipment Shall Be Delivered Unbroken, Not Deformed And Without Cracks And Scratches. In General, The Packaging Of The Equipment Shall Be Based On Generally Accepted Industry Practices Or Standards. Packaging Shall Be Adequate To Prevent Damage From Any Mechanical Stresses That May Occur And To Ensure Safety During Loading, Hauling, Unloading, Unpacking And Storage. Boxes Shall Contain Barcode Sheet/label Showing The Following Information: ✔ Name Of The Manufacturer; ✔ Model Number; ✔ Code No./serial Number; ✔ Product Barcode; And ✔ Manufacturing Date. ● On-site Storage The Contractor Shall Perform On-site Storage Of Equipment And Construction Materials In Accordance With The Manufacturer's Standards And Recommendations. Equipment Shall Be Placed At The Designated Storage/staging Area. The Contractor Shall Secure Equipment On-site Storage Manuals From The Manufacturer. 4.3. Installation And Construction The Contractor Shall Provide All Consumables, Tools, Equipment, And Manpower, Including Ppe, Necessary To Perform The Necessary Works. The Contractor Shall Only Be Allowed To Work At The Designated Area Agreed Upon With Pnoc To Avoid Any Interruptions To The On-going Operations And Activities At The Site. In Case Of Concrete Drilling Or Breaking, The Contractor Must Ensure That Such Work Shall Not Compromise The Integrity Of The Existing Structures. In The Case Of Painting, Appropriate Painting Shall Be Used For The Structures To Be Painted In Accordance With Applicable Standards. The Painting Shall Be Done With A Primer And Topcoat As A Minimum. In The Case Of Earthworks And Concreting, It Shall Be Performed In Accordance With Applicable Codes And Standards. Concrete Foundations Must Be Designed Using Applicable Mixtures And With Reinforcing Bars As Per Standards. The Pv System Shall Be Designed For Simple Mechanical On-site Installation With No Requirement For Welding Or Complex Machinery At The Site. In Extreme Cases Where Welding Or Machinery Is Necessary, The Contractor Shall Submit Welding Methodology. Welding Shall Be Tested As Per Standards. The Contractor Must Also Ensure Minimal Disruption To The Daily Operations Of The Installation Site. ● Pre-leak And Post-leak Test The Contractor Shall Conduct Pre-leak Test Prior To, And After The Installation Of Pv Modules And Appurtenances, Respectively. Schedule Of The Leak Test Shall Be Properly Coordinated With Pnoc And Building Owner Representatives. The Contractor Shall Submit A Leak Test Procedure For Review And Approval By Pnoc Prior To Execution. ● Work Permit The Contractor Shall Coordinate With Pnoc Representative For Every Work To Be Performed Prior To Execution. The Work To Be Performed Shall Specify The Following: ✔ Type Of Work, Such As: Hot Works/cold Work/working At Heights/confined Space/concrete Chipping/excavation Works; ✔ Target Start And End Dates; ✔ Methodology; ✔ Hazard Associated With The Works; ✔ Safety And Precautionary Measures; ✔ Equipment And Construction Materials With Attached Approved Brochures And/or Drawings; And ✔ Equipment, Tools, And Personal Protective Equipment (ppe). ● Mounting And Installation Of Equipment All Equipment Shall Be Mounted In Accordance With Engineering And Construction Standards And Practices And Manufacturers’ Recommendations And Standards And Safety And Health Standards. Spacing, Orientation, And Location Shall Be Based On The Approved Detailed Project Designs And Engineering Plans. ● Cabling And Raceway Routing Dc Cables Shall Be Housed In A Hot Dip Galvanized Cable Tray/ladder With Cover. All Ac Cables Shall Be Housed In Rigid Steel Conduit. Instrumentation And Communication Cables Shall Be Housed In A Separate Uv Rated Conduit. For Buried Cables, It Must Be Housed In A Pvc Pipe With Concrete Trench, Warning Tape Or Tiles Placed Above And Marking Posts At Suitable Intervals On The Surface. The Minimum Depth Of Burial Is 700mm Depending On The Location And Condition Of The Ground Surface. Cables Shall Occupy Less Than 66% Of The Raceway Space And Properly Loop, Not Too Tight To Avoid Any Damages To The Wires. Dc Cables Shall Be Installed In A Manner Which Minimizes Induction Loops Between Positive And Negative Cables. For String Cables, Large Loops Of Excess Dc Cabling Shall Be Avoided. The Raceway Shall Be Placed In A Manner That It Will Not Create Any Obstructions Or Hazards To Operations And Maintenance. The Contractor Shall Use Pull Box/junction Box On All Intersections And Sharp Curves Or Bends And Provide Rubber And Bushing On All Junctions And Endings To Avoid Cut In The Wire Insulation. The Contractor Shall Apply Silicone Sealant, As Applicable, On Raceway Openings To Prevent Access Of Dirt, Water, And Vermin. The Contractor Shall Comply With The Distribution Utility (du) Net-metering Requirements For The Cable Installation And Other Electrical Components. ● Grounding, Termination, And Interconnection All Equipment Shall Have Adequate Grounding. All Cables Shall Be Properly Dressed/secured/fixed And Terminated Using Terminal Lugs, Clamps, Crimps And Solder. There Should Be No Exposed Conductors To Avoid Short Circuits And Arc Flash. The Contractor Shall Request A Schedule For Shutdown For The Interconnection To The Existing Electrical Distribution System. The Contractor Shall Conduct A Torque Test After Termination And Interconnection. ● Lifting Appropriate Lifting Equipment Shall Be Utilized When Performing Heavy Lifting. Access Shall Be Identified To Avoid Obstructions. Schedule Of Lifting Shall Be Properly Coordinated With The Building Owner. ● Foundations And Structural Supports Structural Supports Necessary For The Mounting Of Equipment (e.g., Inverters, Enclosures, Transformers, Pv Modules, Etc.) Shall Be Made Of Hot Dip Galvanized Structural Steel Minimum Of 2 Mm Metal Thickness And Minimum Coating Thickness Of 3 Mils As Per Astm A 386 Or Equivalent. In Case The Galvanized Coating Is Damaged During Installation, The Supplier Shall Apply The Necessary Rectification In Accordance With Astm A 780-01 (standard Practice For Repair Of Damaged And Uncoated Areas Of Hot Dip Galvanized Coatings). Reinforced (with Deformed Bars) Concrete Blocks/ballast Or Foundations May Be Provided To Provide Stability. For Penetrated Supports, It Shall Be Non-corrosive, And Waterproof Using Flashings, Gasket Or Other Approved Chemical Sealing And Coating Material. In Case Of Concrete Penetration, The Anchor Bolts (dowel) Shall Be Made Also Of Hot-dipped Galvanized Or Equivalent. 4.4. Testing And Commissioning The Contractor Shall Conduct Testing And Commissioning For A Minimum Of Seven (7) Days Upon Completion Of The Installation Of The Pv System, To Be Witnessed By Pnoc And Representatives Of The Building Owner. The Schedule And Duration Of The Testing And Commissioning Shall Be Mutually Agreed By The Contractor, Pnoc And Building Owner. However, The Testing And Commissioning Activities Shall Be Satisfactorily Completed Within The Time Required Under The Contract. Any Corrections Resulted From Errors In The Workmanship Or Design Made By The Contractor Which Were Found During The Conduct Of Testing And Commissioning Or Prior To The Rooftop Solar Pv System Operation Thereon, With The Resulting Extra Expenses Due To Repair Or Cost For The Replacement For Damaged Equipment/materials Shall Be Solely Charged To The Account Of The Contractor. Testing And Commissioning Shall Be Performed In A Systematic Process Whereby All Systems And Equipment Are Tested And Brought Into Operation And Performed Interactively According To The Design Intent And In Accordance With The Performance Criteria Set Upon. Equipment And Accessories Shall Be Inspected To Determine The Completeness Of The Pv System And Conformance In Accordance With The Specifications. All Testing Instruments Including Consumables, Temporary Structures, And Manpower Required For The Testing And Commissioning Activities Shall Be Provided And At The Account Of The Contractor. The Contractor Shall Ensure That The Rooftop Solar Pv System Operates With Zero Export To The Distribution Grid By Configuring Inverters To Clip Any Excess Energy Generated. The Contractor Shall Also Arrange The Joint Inspection With The Representatives Of Distribution Utility And The Office Of Building Official (if Applicable) To Conduct Demonstration Of The Required Features Of The Rooftop Solar Pv System. This Is For The Eventual Acceptance Of The System By The Du And Lgu-obo By Furnishing The Necessary Certificates. Pnoc Shall Release A “certificate Of Project Completion” After The Testing And Commissioning Provided That All Works Have Been Performed And All Issues Have Been Addressed. ● Testing And Commissioning Plan The Contractor Shall Submit Tcp/procedures Prior To The Conduct Of Testing And Commissioning For Pnoc’s Review And Approval. The Tcp Shall Include The Following Information: ✔ Itinerary (date) Of The Testing And Commissioning; ✔ Detailed Methodology And Step-by-step Procedures; ✔ List Of Tools And Equipment, Including Ppe, To Be Used; ✔ Manpower Requirement; ✔ Hazards And Safety Protocol; And ✔ Target Results Or Acceptance Criteria. ● Testing And Commissioning Works The Minimum Testing And Commissioning Shall Include The Following: ✔ Inspection And Calibration Of Tools And Testing Instruments; ✔ Visual And Physical (quality And Quantity) Inspection Of The Installed Equipment And Appurtenances; ✔ Torque Test Of All Terminations And Mounting; ✔ Continuity Test (open Circuit And Closed Circuit) Of All Breakers, Fuses, Switches, Protection Devices And Other Equipment With Circuitry; ✔ Insulation Test Of All Dc And Ac Wires Including Grounding (line-to-line And Line-to-ground); ✔ Open Circuit Voltage/ Short Circuit Current String Test; ✔ Polarity Test; ✔ Phase Sequence Test; ✔ Ac Operating Voltage Test; ✔ Inverter Synchronization Test; ✔ Inverter Frequency Test; ✔ Inverter Power Generation Test; ✔ Operating Voltage And Operating Current String Test; ✔ Thermal Scanning; ✔ Optimizer Device Functionality; ✔ Voltage Harmonic Rise - Should Not Be Greater Than 5% Or Inverter Specification (whichever Is Lower); ✔ Lighting Arrester Grounding And Counter Tests; ✔ Anti-islanding Test; ✔ Cease To Energize Test; And ✔ Other Necessary Tests The Minimum Tools And Equipment To Be Used Shall Include The Following: Torque Wrench; Clamp Meter; Irradiance Meter; Thermal Scanner; Power Quality Analyzer; 2-way Radios; Insulation Resistance Tester; Earth Ground Tester; And Lock-out/tag-out The Contractor May Use A Multi-function Instrument That Is Capable Of Performing The Testing And Commissioning Such As A Solar Pv Installation Tester. Personnel Who Will Conduct The Testing And Commissioning Shall Be Equipped With The Minimum Ppe: ✔ Safety Shoes (electrical Hazard Compliant); ✔ Safety Jacket; ✔ Safety Pants; ✔ Electrical Gloves (1kv); And ✔ Protective Eye Glass. The Contractor Shall Also Provide A First-aid Kit And Fire Extinguisher (dry Powder). ● Testing And Commissioning Report The Contractor Shall Submit The Tcr After The Completion Of The Testing And Commissioning. The Tcr Shall Be Reviewed And Accepted By Pnoc And Building Owner Representative(s). 4.5. Operation And Maintenance The Contractor Shall Perform A One-year O&m Support To Pnoc. The Contractor Shall Provide A Comprehensive One-year Maintenance Plan, Which Shall Include, But Not Limited To, Daily Monitoring Of System Performance, Preventive Maintenance And Repair Works, Technical Support In Case Of Unforeseen Decreasing Pv System Performance, And End-user Training. The Training Shall Include, But Not Limited To Lectures And On-site Strategy Covering The Methods Of Operation, Maintenance, Basic Troubleshooting, And Management Of The Facility. All Costs And Expenses For The Training, Except Those Incurred By Pnoc Which Include, But Not Limited To Their Own Transportation And Accommodation Expenses, Shall Be Borne By The Contractor. A Corresponding Certificate Of Completion Shall Be Issued To The Participants In The Training. During The One-year O&m, The Epcc Contractor Shall Guarantee The Minimum Annual Production Of 30,132.00 Kwh For The Rooftop Solar Pv System. If Ever The Minimum Annual Pv Production Was Not Achieved Mainly Due To Uncontrollable Factors, Then No Penalty Will Be Imposed On The Contractor. However, If Defects In Any Of The System Components, Especially In The Inverters, Are Found To Contribute To The Performance Issues Of The Pv System, Then The Contractor Shall Pay A Corresponding Compensation Equivalent To The Total Amount Of Revenue Lost To Pnoc From The Declared Minimum Annual Production Guarantee Of 30,132.00 Kwh. Moreover, The Cost Of Any And All Rework And/or Restoration Of Damaged Properties Due To The Contractor’s Poor Workmanship Or Negligence Shall Be Borne By The Contractor. 5. Deliverables The Contractor Shall Ensure That The Following Deliverables Must Be Provided To Pnoc With Physical Copies As The Official Submission And Electronic Copies As Advance Submissions. Any Later Correction And Changes Found Necessary By Pnoc, And All Resulting Additional Costs And/or Delays Shall Be Of The Contractor’s Account. Pnoc Reserves The Right To Reproduce Any Drawings Or Documents Received From The Contractor As May Be Necessary. The Contractor Shall Provide All The Necessary Deliverables Before The Start Of The Testing And Commissioning, Except For The Deliverables That Need To Be Submitted At Earlier Date For Review And Approval Of Pnoc (e.g., Detailed Project Plan And Timeline, Site And Energy Yield Assessment Reports, Detailed Project Designs And Engineering Plans, And Procurement Records And Equipment Warranties). 5.1. Documentation ● Detailed Project Plan And Timeline ● Site And Energy Yield Assessment Reports ● Detailed Project Designs And Engineering Plans ● Procurement Records ✔ Bill Of Materials ✔ Shop/fabrication Drawings ● Installation And Commissioning Reports ● Wiring And Termination Diagrams ● As-built Drawings (power & Control Circuits) And Electronic Programs/ladder Logic Diagrams ● Equipment And O&m Manuals ● List Of Necessary Spare Parts, Tools, And Consumables ● Warranty Certificates Of The Solar Panels And Balance Of System (bos) And All Other Applicable System Components And Tools 5.2. Performance Guarantees ● Assurance Of System Performance Metrics ● Warranty And Maintenance Agreements 5.3. Operation And Maintenance (o&m) ● Detailed One-year O&m Plan ● Regular Maintenance Schedule And Procedures ● Immediate Response And Repair Protocols ● Performance Monitoring And Reporting ● List Of Necessary Spare Parts, Tools, And Consumables 6. Commencement Date And Period Of Implementation The Commencement Date Of The Project Shall Be Upon Receipt Of Notice To Proceed (ntp). There Will Be Two (2) Main Activities For This Entire Engagement: The Epcc And O&m Support. The Duration Of The Epcc And O&m Support Shall Be Ninety (90) Maximum Days From The Receipt Date Of The Notice To Proceed And 365 Days From The Official Start Of Operation Of The 25 Kwp Rooftop Solar Pv System, Respectively. 7. Payment Terms Milestone Payments Will Be Adopted Where The Payment Shall Be Released Upon Reaching The Specific Project Milestone, To Ensure That These Conform To The Requirements Set For The Purpose. The Payments Are Subject To The Usual Government Accounting And Auditing Requirements. Hence, The Contractor Is Expected To Be Familiar With The Government Accounting And Auditing Manual (gaam). Project Milestone* Percentage Of Payment Completion Of Installation And Testing & Commissioning 90% Handover And Completion Of Training For Building Operators 10% *retention Money: 10% For Every Progress Billing. 8. Evaluation Criteria Bids Exceeding The Identified Approved Budget For The Contract (abc) Will Automatically Be Disqualified. The Selection Of The Contractor Will Be Based On: 8.1. Experience And Track Record In Similar Projects • Bidders Must Have Completed Solar Pv Contracts With A Minimum Total Aggregate Installed Capacity Of 1 Mwp, Where At Least Two (2) Contracts Must Be Fully Operational For The Last Two (2) Years, From The Date Of Bid Submission. • Must Be Compliant With The Iso 9001:2015 Standard On Quality Management System (qms). 8.2. Technical Expertise And Key Personnel The Contractor Shall Employ And Certify To Their Competency The Minimum Key Personnel Dedicated For The Project. Personnel Qty Qualifications Experience Project Manager 1 Shall Be Licensed Electrical Engineer ● Has Completed At Least Three (3) Solar Pv Projects, One (1) Of Which With At Least 50% Of The Project Capacity (kwp) ● Minimum Of Three (3) Years’ Experience In Solar Project Management Electrical Design Engineer 1 Shall Be Licensed Electrical Engineer ● Has Completed At Least Three (3) Solar Pv Projects, One (1) Of Which With At Least 50% Of The Project Capacity (kwp) ● Minimum Of Three (3) Years’ Experience In Design Of Solar Project Structural Design Engineer 1 Shall Be Licensed Civil Engineer ● Has Completed At Least Three (3) Solar Pv Projects, One (1) Of Which With At Least 50% Of The Project Capacity (kwp); Minimum Of Three (3) Years’ Experience In Structural Integrity Assessment Project Site Engineer 1 Shall Be Licensed Electrical Engineer ● Has Completed At Least Three (3) Years Of Experience In Project Supervision Of Solar Pv Projects, One (1) Of Which With At Least 50% Of The Project Capacity (kwp); Safety Officer 1 With Bachelor’s Degree And Either Bosh Or Cosh Certification ● Minimum Of Three (3) Years Of Experience In Construction. Qa/qc Engineer 1 Shall Be Licensed Electrical Engineer ● Minimum Of Three (3) Years Of Experience In Construction Of Solar Pv Projects. Testing And Commissioning Engineer 1 Shall Be Licensed Electrical Engineer ● Has Completed At Least Three ● (3) Years’ Experience In Testing And Commissioning Of Solar Pv Projects, One (1) Of Which With At Least 50% Of The Project Capacity (kwp); Must Have Adequate Knowledge In Inverter Programming Configuration And Programmable Logic Controllers. The Contractor May Nominate The Personnel In Dual Positions, Except For The Project Manager, For As Long As They Are Qualified And Capable Of Doing Multiple Tasks And With The Assurance That It Can Deliver The Work On Time Without Compromising The Quality. 8.2.1. Roles Of The Key Personnel ● Project Manager - Shall Be The Single Point Of Contact With Pnoc For All Matters Pertaining To The Project. The Project Manager Shall Always Be Available During Weekly Meetings And In Cases Where His/her Presence Is Needed. ● Electrical Design Engineer - Shall Be Responsible For The Engineering Design Of The Pv System. The Design Team Shall Always Be Available During Meetings Pertaining To The Design And Specifications. ● Structural Design Engineer – Shall Be Responsible For The Validation Of The Structural Integrity Of The Building(s). ● Project Site Engineer - Shall Be In-charge Of The Overall Supervision Of The Project Execution. The Project Engineer Shall Always Be Available At The Site During The Epcc. During The Three-year O&m Period, He/she Shall Conduct All Required O&m Activities For The Project. ● Safety Officer – Shall Ensure The Safety And Health Of All Personnel Involved In The Construction By Monitoring And Assessing Possible Hazards In The Area. ● Qa/qc Engineer – Shall Ensure That All Delivered Materials And Works Performed Are Within Standards And Specifications. ● Testing And Commissioning Engineer – Shall Lead The Proper Testing And Commissioning Of The Pv System. 9. Project Schedule As Part Of Bid Submission, The Contractor Shall Provide The Project Schedule, Which Should Include Key Milestones Such As: 9.1. Completion Of Site And Energy Yield Assessments. 9.2. Procurement And Delivery Of Equipment. 9.3. Completion Of Installation And Commissioning. 9.4. Handover And Training For Building Operators. 9.5. One-year O&m Period. The Contractor Shall Use Applicable Software Or Computer Programs In Presenting The Project Schedule. 10. Preliminary Design Drawings The Preliminary Design Shall Be Provided For The Rooftop Solar Pv System To Give An Overview Of The Project To Be Developed, As Part Of The Bid Submission Of The Contractor. This Must Be Adequate And Sufficient To Understand The Concept And Orientation Of The Pv System Being Proposed. Design Drawings Shall Be Submitted In A3 Size, Including, But Not Limited To The Following: Sheet Content Cover Page Project Title G / 1 List Of Drawings, Legend And General Notes G / 2 Project Location Map, Site Development Plan, Project Site Conditions And Technical Features E / 1 Tapping Point E / 2 Single Line/riser Diagram E / 3 Dc And Ac Load Schedule Calculation E / 4 Control And Monitoring System Topology E / 5 Solar Pv Array Stringing Plan E / 6 Dc, Ac And Communication Cable Routing Details E / 7 Proposed Grounding System Location And Wiring E / 8 Ct And Metering Installation E / 9 Lightning Arrester And Grounding S / 1 Solar Pv Array Mounting & Framing Details S / 2 Inverters Station And Tapping Point Station Details S / 3 Access Ladders/railings For Maintenance S / 4 Concrete Roof Deck Foundation And Calculation (as Needed) 11. Compliance With Industry Standards And Codes Without Limiting The Contractor’s Obligations, All Engineering And Construction/installation Works Performed, All Equipment Furnished, And All Tests Carried Out Under This Engagement Shall Be Undertaken In Accordance With The Latest Industry Standards And Regulation, Including, But Not Limited To The Following: ● Grid Code Or Distribution Code ● Distribution Services And Open Access Rules (dsoar) ● Philippine Electrical Code (pec) ● National Building Code Of The Philippines (nbcp) ● National Fire Protection Association Standards (nfpa) ● National Structural Code Of The Philippines (nscp) ● Revised Fire Code Of The Philippines Of 2008 ● International Electrotechnical Commission (iec) Standards ● Underwriter’s Laboratories Inc. (ul) And/or Factory Manual (fm) Or Equivalent Standards 12. Weekly Construction Meetings And Progress Reports The Contractor Shall Conduct Weekly Construction Meetings To Be Held Either On Site Or Online And Provide Progress Reports. Progress Reports Must Be Submitted To Pnoc Also At A Weekly Basis, Which Shall Include Program Of Work, Materials Delivery Status And Accomplishment And Target Report. For Urgent Matters, Pnoc May Advise Emergency Meetings. ● Program Of Work – Shall Include Pert/cpm, S-curve, Bar Chart, Manpower, And Equipment Utilization Schedule. The Contractor Shall Utilize Applicable Software Or Computer Programs In Presenting The Program Of Work. ● Materials Delivery Status – Shall Reflect The Status Of All Materials Being Procured Including The Descriptions, Quantity, Name Of Suppliers, Purchased Order Number, Eta Site, Etc. ● Accomplishment And Target Report – Shall Be Presented In Ms Powerpoint Or Equivalent. It Should Include The Percentage Of Weekly Accomplishments, Safety Reports And Targets. In Case Of Delays Or Slippage, The Contractor Shall Provide A Detailed “catch-up” Plan. 13. Workmanship Workmanship Shall Follow The Iso 9001:2015 Standard On Quality Management System (qms). The Contractor Shall Accept Full Responsibility For Its Work In The Design, Specifications, Procurement, Fabrication, Manufacture, Construction, Erection, Installation, Calibration And Testing, Quality Control, Documentation, Testing And Commissioning And Performance Testing. The Contractor Shall Be Responsible For The Safety And Security Of Its Personnel Within The Project Site(s) And Provide Proper Personal Protective Equipment (ppe). The Contractor Shall Also Be Responsible For All Compliance With The Distribution Utility (du) And Energy Regulatory Commission (erc) Requirements To Attain Smooth Synchronization And Commercial Operation. The Contractor Shall Be Deemed Solely Liable For All Its Suppliers And Subcontractors And Shall Compensate Pnoc Against All Third-party Claims Or Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Supplied Equipment Or Any Part Thereof. 14. Certificate Of Acceptance Certificate Of Acceptance For Accomplished Works Shall Be Issued To The Contractor By Pnoc To Certify Its Successful Execution And Performance. ● A Certificate Of Partial Project Completion Shall Be Issued After The 90% Completion Of The Scope Of Work; And ● A Certificate Of Final Acceptance Shall Be Issued By Pnoc After The Completion Of The Defects And Liability Period And The Submission Of Warranty Certificates And Security. 15. Project Turnover The Project Shall Be Turned Over To Pnoc Upon Completion Of The Scope Of Work. The Contractor Shall Issue An Endorsement Letter For Proper Turnover. 16. Warranty Certificates The Contractor Shall Turnover The Warranty Certificates For The Following Structures And Equipment To Pnoc Prior To Issuance Of Certificate Of Final Acceptance: ● A Twenty-five (25)-year Linear Power Warranty From The Manufacturer On The Solar Pv Modules With At Least Eighty Percent (80%) Power Output Guaranteed At Twenty-five (25) Years. The Solar Pv Module Manufacturer Shall Confirm That The Warranty Applies On An “as Installed Basis,” I.e., It Will Confirm The Modules Were Installed According To Its Requirements And Specifications For Installation. ● A Fifteen (15)-year Warranty On The Permanent Structures Which Include Mounting And Racking Systems Used In The Rooftop Solar Pv System. ● A Ten (10)-year Warranty From The Manufacturer On The Solar Pv Modules. The Pv Module-manufacturer Shall Confirm That The Warranty Applies On An “as Installed Basis,” I.e., It Will Confirm The Pv Modules Were Installed According To Its Requirements And Specifications For Installation. ● A Five (5)-year Warranty From The Manufacturer On The Inverters. The Inverter Manufacturer Shall Confirm That The Warranty Applies On An “as Installed Basis,” I.e., It Will Confirm The Inverters Were Installed According To Its Requirements And Specifications For Installation. ● A One (1)-year Warranty For Safety And Protection Devices, Cables, Instrumentation, And Control/ Communication Devices Including Software, Ip Cameras And Web Portal And All Other Accessories Used In The Solar Pv System. 17. Defects And Liability Period Defects And Liability Period Shall Include Servicing Of Defective Goods And Services Under The Warranty Obligations And Conditions Stipulated In The Contract. Repairs, Troubleshooting, And Other After-sales Support To Commence Within Seven (7) Calendar Days Upon Receipt Of Notification From Pnoc. Replacement For Locally Available Components Shall Not Exceed Fifteen (15) Calendar Days Upon Receipt Of Notification From Pnoc. Replacement For Imported Components Shall Not Exceed Sixty (60) Calendar Days Upon Receipt Of Notification From Pnoc. 18. Spare Parts, Tools, And Consumables The Contractor Shall Supply The Necessary Spare Parts, Tools, And Consumables For The Installation, Testing And Commissioning, As Well As The Operation And Maintenance Of The Project. These Items Will Be Turned Over To Pnoc Upon Completion Of Testing And Commissioning. Particulars Qty Unit Electrical Pliers 6" 1 Unit Electrical Pliers 8" 1 Unit Long Nose Pliers 6" 1 Unit Long Nose Pliers 8" 1 Unit Side Cutter Pliers 6" 1 Unit Side Cutter Pliers 8" 1 Unit Allen Wrench (black Iron), Metric 1 Set Crimping Tools (rj45) 1 Unit Screwdriver (flat, 8") 1 Unit Screwdriver (cross, 8") 1 Unit Adjustable Wrench 1 Unit Combination Wrench (applicable Sizes) 1 Set Toolbox 20" (big) 1 Unit Clamp Meter (1,000volts; With Rogowski Coil) 1 Unit Vice Grip 8" 1 Unit Torque Wrench 3/8” Square Drive With Complete Set Of Sockets (solar Pv For Distribution Panel) 1 Set Portable Washer With Pump, 7.5mpa Pressure, 5 Liter/minute 1 Unit 16 Ton Quick Hydraulic Crimper Cable Plier Tool Kit, 16-300mm/11 Die 1 Unit Dry Chemical Fire Extinguisher (10 Pounds) 1 Unit Rj 45 Connector (100pcs Per Pack) 1 Pack Electrical Tape (0.16mm X 19mm X 8meters; Black) 5 Roll Cable Tie (uv Resistant; 12”; 100pcs Per Pack) 1 Pack Rubber Tape (18mm X 8meters; Black) 1 Length Others (please Specify, If Needed) 19. Allied Services 19.1. Markings And Labeling The Contractor Shall Provide Markings And Labelling On All Electrical Equipment (including Wires) In Accordance With Applicable Codes And Standards Or As Otherwise Agreed Upon With The Building Owner. Markings Shall Be Clearly Visible, Located Visibly On The Equipment, Constructed And Installed To Remain Eligible For The Whole Of The Design’s Life Of 25 Years. The Marking And Labeling Shall Be Compliant With The Following Codes: ● Pec Article 6.90 And Article 1.10 ● Ul 696 19.2. Safety Signages And Fire Extinguishers The Contractor Shall Provide Safety Signages As Per Standards Including Warnings For High Voltage, Cable Burial, Etc. The Contractor Shall Likewise Provide A Fire Extinguisher To Be Mounted Near Each Of The Identified Solar Array Stations, Inverter Station And Tapping Point Station As Per Design Drawings. 19.3. Power Supply The Contractor Shall Provide Power Supply, Complete With Protection Devices (e.g., Circuit Breakers, Avr, Etc.) For Equipment That Will Require Power Such As Poe Hub, Inverter Controller, Router, Etc. The Contractor Shall Identify The Location Of The Tapping Source And Request Permission To The Building Owner. 19.4. Water Source The Contractor Shall Coordinate With The Building Owner For The Location Of The Water Source To Be Used During Maintenance (e.g., Pv Module Cleaning). 19.5. Canopy In Case An Inverter Station Or Any Equipment Is Placed Outdoors, A Canopy Shall Be Provided As Per Manufacturer’s Standards And Recommendation. 19.6. Access Platforms, Stairs And Safety Handrails The Contractor Shall Provide Access Such As Sufficient Portable Access Ladder Along The Pv Facility For Safety And Protection During Construction And Pnoc’s Operations And Maintenance. The Contractor Shall Provide Anchors At Strategic Locations For Safety Harnesses. 19.7. Relocation Or Modification Of Existing Structures The Pv System Shall Be Designed With No Requirement For Relocation Or Modification Of The Existing Structures. In Extreme Cases When Relocation Or Modification Of Existing Structures Is Necessary, The Contractor Shall Submit Modification Or Relocation Plan To Ensure That The Structures Shall Be Maintained, Restored Or Upgraded. 20. Available Data And Schedule Of Site Inspection Potential Bidders Can Access The Relevant Site Data (e.g., Electric Consumption Information, Plans, And Drawings) Via The Following Link: • Https://bit.ly/carmona-water-district The Site Inspection Is Scheduled For October 22 And 25, From 9:00 Am To 12:00 Pm (can Be Subject To Change). Bidders Must Inform Pnoc Representatives In Advance Using The Contact Details Provided Below: • Louie Aaron L. Razon: +639564761790 • Richard Miguel D. Allauigan Jr.: +639178460403 • Patrick Jose Iv V. Andaya: +639369318841 21. Technical Specifications And Standards 21.1. Design Calculations The Design Of The Pv System Shall Be For A Minimum Service Life Of Twenty-five (25) Years. Design Shall Consider Service Conditions That Will Affect The Performance Of The Solar Pv System Such As Irradiation, Uv Radiation, Temperature Variations, Rainfall Intensity, Humidity, Pollution Etc. Design Shall Be Able To Protect And Harness The Equipment From Natural Calamities Such As Earthquake, Tropical Typhoons, Cyclones And Wind Gustiness Prevailing In The Philippines. 21.1.1. Electrical Design Maximum Dc Voltage Per String Shall Not Exceed 1500 Volts At A Temperature Of 15 Degrees Celsius. Minimum Dc Voltage Per String Shall Be More Than The “minimum Input Voltage” Of The Inverter At A Temperature Of 50 Degrees Celsius. Minimum Dc Voltage Per String After 20 Years Shall Be More Than The “minimum Input Voltage” Of The Inverter At A Temperature Of 50 Degrees Celsius. Maximum Dc Power Per Array (combination Of Strings) Shall Be Less Than The Maximum Allowable Generator Power Of Inverter. Maximum Voltage Drop Between Equipment To Equipment Shall Not Exceed 1% On Dc System And 5% On Ac System. 21.1.2. Structural Design Seismic Loading Shall Be Selected To Ensure The Performance Criteria Set Out Below Are Achieved: ● All System’s Components Which Are Critical To The Generation Of Electricity Shall Remain Undamaged And Operational Following A Moderate Earthquake; ● In Case Of A Massive Earthquake, The Damage To Structures And Equipment Shall Be Limited To That Which Can Be Repaired Sufficiently Quickly For The Generation Of Electricity To Resume Safely Within Thirty (30) Days, Unless Otherwise The Main Building Has Collapsed; And ● Potential Costs Of Repair Or Replacement And The Duration Of Inability To Generate Electricity After A Large Seismic Event Shall Be Minimized. The Wind Resistant Design Required For The Facility Shall Be At Minimum Of 270 Kph. In Case The Basis For Wind Resistant Design In The Latest National Structural Code Of The Philippines (nscp) Is Higher, Then Nscp Shall Govern. 21.2. Minimum Pv System Components Specifications 21.2.1. Solar Pv Modules The Modules Must Follow The Iec 61215 Standards (i.e., Crystalline Silicon Terrestrial Photovoltaic Modules; Design Qualification And Type). These Shall Be Made Of Monocrystalline Material Solar Cells, Tested In Extreme Weather Conditions, And Equipped With Safety Protection Mechanisms. These Shall Also Have A Minimum Efficiency Of 17% At Standard Testing Conditions (stc). The Solar Pv Panels Supplied Must Include A Performance Warranty Guaranteeing No More Than 2% Efficiency Degradation In The First Year And No More Than 0.5% Annual Degradation Thereafter. At The End Of 25 Years, The Panels Must Still Produce At Least 85% Of Their Original Rated Power Output. The Solar Pv Modules Supplied Must Be Manufactured By A Tier 1 Manufacturer As Defined By Industry-recognized Standards Such As Bloomberg New Energy Finance (bnef) Or Equivalent. 21.2.2. Pv Mounting System The Pv Mounting System Shall Be Suited To The Environment And Atmospheric Conditions (e.g., Corrosion, Salt). Structures Shall Be Fixed, Metallic And Have Appropriate Design And Adequate Strength Which Can Withstand The Load Of The Modules, Cyclonic And High Wind Velocities As Applicable To The Site Condition. The Material Shall Be Robust And Non-corrosive, Made From Anodized Structural Grade Aluminum 6005 T5 And/or Stainless-steel Components Or Equivalent. Use Of Different Metals Shall Be Avoided Where Practically Possible To Prevent Galvanic Corrosion. The Structure Shall Prevent Water Accumulation. The Mounting System Must Be Compliant To As/nzs1170.2:2011 Amdt 2-2012 Standard Or Equivalent. 21.2.3. Inverter The Inverter To Be Used Shall Be String Type, Weatherproof And Equipped With A Safety Protection Mechanism. The Inverter Shall Be Compatible With The Existing Electrical System. The Inverter And Its Appurtenances Shall Be State-of-the-art With Energy Management And Communication System And Maximum Power Point Trackers (mppt) For Optimum Performance. The Inverter Shall Have Efficiency Of Not Less Than 98.5%, With A 10-year Guaranteed Service Life. It Also Must Have The Following Minimum Communication Specifications: Wlan/ethernet, Wi-fi, And 4g/3g/2g. The Mounting Shall Be Robust And Non-corrosive, Made From Hot-dipped Galvanized Structural Steel Or Equivalent. The Foundation Shall Be Fixed And Secured. The Inverter Shall Have Adequate Spacing, Free From Obstructions And Well Ventilated. 21.2.4. Inverter Controller The Inverter Controller Shall Be The Central Communication Unit For System Monitoring, Recording Data And Controlling. It Shall Be Capable Of Interconnection Of Other Measuring Devices Such As Solarimeter, Weather-meter, Etc. 21.2.5. Dc Combiner In Cases Where Design Requires The Need For A Dc Combiner, The Dc Combiner Shall Be Made Of Glass-fiber Reinforced Polyester Material Or Approved Equivalent. Enclosure Protection Shall Be Sealed, Dust Proof, Vermin, Waterproof And Sturdy – Compliant To Ip65/nema 3r Or Equivalent. Mounting May Be Wall-mounted Type Or Stand-alone Support. The Dimensions And Thickness Are As Per Manufacturer’s Standard. It Shall Be Rated 1500vdc Minimum. The Dc Combiner Shall Have Appropriate Cable Entry Points, With Cable Glands, Fitted For Input And Output Cables And A Lockable Door. The Dc Combiner Shall Be Equipped With Auxiliaries Such As Circuit Breakers, Surge Protection Devices And Grounding Terminals, Mounted On Din Rail Or Equivalent And With Adequate Spacing For Easy Termination And Testing. Auxiliaries Shall Conform To Iec Standards Or Equivalent. All Circuit Breakers And Fuses Shall Be Compliant With Iec 60947 Part I-iii, Is 60947 Part I-iii And En 50521 Or Equivalent. The Voltage Rating Shall Be A Minimum Of 1000vdc. The Ampere Trip/ampere Frame, Number Of Poles And Other Mechanical Parameters Shall Be As Per Design Standards. 21.2.6. Ac Combiner Enclosure Protection Shall Be Sealed, Dust Proof, Vermin, Waterproof And Sturdy – Compliant To Ip65/nema 3r Or Equivalent. Mounting May Be Wall-mounted Type Or Stand-alone Support. The Dimensions And Thickness Are As Per Manufacturer’s Standard. It Shall Be Rated 0.6/1kv Minimum. The Ac Collector Shall Have Appropriate Cable Entry Points, With Cable Glands, Fitted For Input And Output Cables And Lockable Doors. The Ac Collector Shall Be Equipped With Auxiliaries Such As Circuit Breakers (mounted On Busbar With Adequate Spacer) And Neutral And Grounding Terminal Mounted On Din Rail Or Equivalent And With Adequate Spacing For Easy Termination And Testing. Auxiliaries Shall Conform To Iec Standards Or Equivalent. All Circuit Breakers Shall Be Compliant With Iec 60947 Part I-iii, Is 60947 Part I-iii And En 50521 Or Equivalent. The Minimum Voltage Rating Shall Be Equivalent To Inverter Output Voltage. The Ampere Trip/ampere Frame, Number Of Poles And Other Mechanical Parameters Shall Be As Per Design Standards. 21.2.7. Transformer In Cases Where Design Requires The Need For A Transformer, The Transformer Configuration Shall Be Based On The System Configuration Or Topology Between The Inverter I.e., Tn-s, Tn-c, Tn-c-s, Tt And It And Grounding Configuration And Voltage. Depending On The Location, The Transformer Shall Either Be Outdoor Type Or Indoor Type In Compliance With Nema Or Ip Standards. The Compartment Shall Be Metal-enclosed And Non-corrosive. The Transformer Shall Be Dry-type, Self-cooled And Floor Mounted. The Foundation Shall Be Equipped With An Anti-vibration Pad Or Equivalent. The Transformer Shall Be Ul/iec Listed Or Equivalent. 21.2.8. Transient Voltage Surge Suppressor With Isolation Switch The Tvss Shall Be Capable Of Bi-directional Filtering Of Harmonics And Surges That May Be Created From The Pv System And From The Grid. The Surge Protection Devices Shall Be Compatible With The Existing Electrical System. The Ampere-interrupting Capacity (aic) Rating Of The Devices Shall Be Equal To Or Greater Than The Available Fault Current To Which They Might Be Subjected. Enclosure Protection Shall Be Sealed, Dust Proof, Vermin, Waterproof And Sturdy – Compliant To Ip65/nema 3r Or Equivalent. It Shall Be Rated 0.6/1kv Minimum. 21.2.9. Pv Generation (revenue) Meter Including Ct/pt And Terminals The Pv Generation (revenue) Meter Shall Be Digital Multi-function Power Meters Complete With Cts And Potential Fuses. The Meter Shall Conform To The Following Minimum Requirements: ● Iec Or Ansi Revenue Metering Standards (i.e., Class 0.3 Accuracy); And ● Capable Of Providing Outputs And Terminal Strips For Remote Monitoring And Data Acquisition Using Rs485 Or Equivalent. The Meter Shall Be Boxed In A Standard Enclosure With A Viewing Window Made Of Fiberglass Or Equivalent. 21.2.10. Ecb Main Disconnect Switch The Enclosed Circuit Breaker Shall Act As The Main Fault Current Protection Device And Disconnect Switch To Isolate The Solar Pv System From The Existing Electrical System. Enclosure Protection Shall Be Sealed, Dust Proof, Vermin, Waterproof And Sturdy – Compliant To Ip65/nema 3r Or Equivalent. The Dimensions And Thickness As Per Manufacturer’s Standard. It Shall Be Rated 0.6/1kv Minimum. The Circuit Breaker Shall Be Compliant With Iec 60947 Part I-iii, Is 60947 Part I-iii And En 50521 Or Equivalent. The Minimum Voltage Rating Shall Be Equivalent To System Voltage. The Ampere Trip/ampere Frame, Number Of Poles And Other Mechanical Parameters Shall Be As Per Design Standards. 21.2.11. Cables Pv Cables Shall Be Copper Type. It Shall Be Uv-rated, Sunlight-resistant, Water-proof Protection And Manufactured Under Ul Standard. It Shall Be Designed And Manufactured In Accordance With: ● Iec 60811: Insulation And Fire Protection ● Iec 60227 And Iec 60502: Design ● Iec 60228: Conductors ● Ul 1581 (xeno-test), Iso 4892-2 (method A) Or Hd 506/a1-2.4.20: Dc Solar Cables All Power Cables Shall Be Of Xlpe Insulated With Pvc Sheathed, 0.6/1kv Single Or Multicore, Stranded Copper Conductor. The Conductor Shall Be Made From Electrical Purity Copper For Power Cables And Annealed High Conductivity Copper For Control Cables. Conductors Shall Be Stranded For Copper Power Cables And Solid For Copper Control Cables. All Cables Shall Be Designed To Withstand The Mechanical, Electrical, And Thermal Stresses Under The Steady State And Transient/ Fault Conditions. All Cables Shall Be Suitable For High Ambient Temperature, High Humidity And Tropical Climatic Conditions. All Cables Shall Be Color Coded As Per Iec 60364 And Should Be Provided With Tag/marking. All Cable Ties Should Be Uv Protected And Can Withstand High Heat Stress Without Damaging The Cables. Cable Ties Shall Conform To En 50146 And Iec 62275 Standards. Cables To Be Supplied Are Categorized As Follows: Particular Description Requirement Pv String Cables Cables From Pv Strings To Dc Enclosures Must Be 2 X 6mm2 Dc Enclosure Cables Cables From Dc Enclosures To Inverters As Per Pec Standards Inverter Cables Cables From Inverters To Ac Collector As Per Pec Standards Ac Collector Cables Cables From Ac Collector To Transformer As Per Pec Standards Transformer Cables Cables From Transformer To Ecb For Disconnect Switch As Per Pec Standards Tapping Point Cables Cables From Ecb For Disconnect Switch To Tapping Point As Per Pec Standards Grounding Cables Cables For Grounding As Per Pec Standards Neutral Cables Cables For Neutral As Per Pec Standards Communication Cables Cables For Controls And Monitoring Utp, Ethernet, Cat5/cat6 Power Supply Cables Cables For 220-240v Power Supply As Per Pec Standards 21.2.12. Raceways (cable Trays, Conduits, Pvc Pipes And Fittings, Accessories) Cable Trays And Fittings Shall Be Hot-dipped Galvanized With A Minimum Of 2mm Thickness In Accordance With Iec Standards Or Equivalent. Conduit Shall Be Rigid Steel In Accordance With Iec Standards Or Equivalent. Pvc Systems That Are To Be Buried Underground Shall Conform To Iec 61386 Part 24 Standards Or Equivalent. Raceways Shall Be Color Coded As Per Standards Or As Per Existing Color Coding Of The Building. 21.2.13. Lightning Arrester And Grounding System In Cases Where Design Requires The Need For A Lightning Arrester And Grounding System, The Lightning Protection Shall Be Made Of Conventional Lightning Protection Or The Early Streamers Emission (ese) Type. It Shall Be Equipped With A Lightning Strike Counter. The Protection Radius Shall Cover The Whole Solar Pv Facility. The Grounding System Shall Have A Maximum Resistivity Of 5 Ohms. The Size And Diameter Of Bare Copper And Grounding Rod Shall Be As Per Standard. The Safety Protection Devices Shall Provide Optimum Filtering In Relation To The Specification Of Inverter And Pv Panels. The Surge Protection Device Shall Be Compact And Shall Comply In Accordance With The Ul 1449 3rd Edition Testing, Ansi/ieee C62 And Ansi/ieee Std. 1100-1999 The Surge Protection Devices Shall Be Compatible With The Existing Electrical System. The Ampere-interrupting Capacity (aic) Rating Of The Devices Shall Be Equal To Or Greater Than The Available Fault Current To Which They Might Be Subjected. The Grounding Wires Shall Be Placed In A Standard Uv-rated Pvc Or Equivalent. 21.2.14. Pv Monitoring And Data Acquisition System (internet Connection) The Pv Monitoring And Data Acquisition System Shall Be Capable Of Both Remote And Onsite Access And Monitoring Via A Subscription-free Online Platform. The System Shall Be Able To Provide The Following Minimum Data: ● Energy Generation (kwh); ● Power (kw); ● Power Factor; ● Voltage; ● Current; ● Irradiance; ● Weather; And ● Temperature The System Shall Be Capable Of Detecting Failures And Fault Conditions. Data Transmission Shall Be Real-time And Shall Be Equipped With Safety And High-security Protocol. The Data Shall Be Displayed In Graphical Trends And In Figures. Historical Data Shall Be Available For A Minimum Of One (1) Year. 21.2.15. Cctv/ip Surveillance Camera The Cctv/ip Surveillance Camera Shall Be Capable Of Onsite Monitoring, Continuous Recording, And Remote Access And Monitoring Via A Subscription-free Online Platform. Viewing Shall Be Real-time And Can Operate 24/7. Video Recording Shall Be Capable For A Minimum Of One (1) Month. The Camera Shall Be Robust, Weatherproof And With High-resolution. Type Fixed Bullet Video Camera 2 Units Resolution 1080hd Enclosure Weatherproof, Outdoor Ip65 Or Equivalent, Minimum Hard Disk Drive 2tb Sata 6.0gb/s Cache 64mb Surveillance Type Nvr Minimum 8 Channel Ip Camera, Resolution Minimum Of 1920x1080 Poe Hub/switch 8 Ports Cpe/router/modem 1 × Usb 2.0 Port For Connecting 4g/3g Modem As Wan Backup; 4 × Gigabit Wan/lan Ports; Non-wifi Router 21.2.16. Communication And Control Cables, Radio Transmission Or Fiber Optics Or Equivalent If Long Distance Controls Are Needed, A Radio Transmission Or Fiber Optics Or Any Equivalent Communication Protocol May Be Used. In The Case Of Wireless Communication, It Shall Be Equipped With Reliable Communication Equipment Such That It Will Not Create Unacceptable Delays And Interference That Would Compromise The Operability Of The Whole System.

Details: Description Table Of Contents Glossary Of Terms, Abbreviations, And Acronyms 4 Section I. Invitation To Bid 6 Section Ii. Instructions To Bidders 9 1. Scope Of Bid 9 2. Funding Information 9 3. Bidding Requirements 9 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices 9 5. Eligible Bidders 10 6. Origin Of Associated Goods 10 7. Subcontracts 10 8. Pre-bid Conference 10 9. Clarification And Amendment Of Bidding Documents 10 10. Documents Comprising The Bid: Eligibility And Technical Components 11 11. Documents Comprising The Bid: Financial Component 11 12. Alternative Bids 11 13. Bid Prices 12 14. Bid And Payment Currencies 12 15. Bid Security 12 16. Sealing And Marking Of Bids 12 17. Deadline For Submission Of Bids 12 18. Opening And Preliminary Examination Of Bids 13 19. Detailed Evaluation And Comparison Of Bids 13 20. Post Qualification 13 21. Signing Of The Contract 13 Section Iii. Bid Data Sheet 14 Section Iv. General Conditions Of Contract 17 1. Scope Of Contract 18 2. Sectional Completion Of Works 18 3. Possession Of Site 18 4. The Contractor’s Obligations 19 5. Performance Security 19 6. Site Investigation Reports 19 7. Warranty 19 8. Liability Of The Contractor 19 9. Termination For Other Causes 20 10. Dayworks 20 11. Program Of Work 20 12. Instructions, Inspections And Audits 20 13. Advance Payment 20 14. Progress Payments 21 15. Operating And Maintenance Manuals 21 Section V. Special Conditions Of Contract 22 Section Vi. Specifications 24 Section Vii. Drawings Section Viii. Bill Of Quantities Section Ix. Checklist Of Technical And Financial Documents 31   Glossary Of Terms, Abbreviations, And Acronyms Abc – Approved Budget For The Contract. Arcc – Allowable Range Of Contract Cost. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Cda – Cooperative Development Authority. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Contractor – Is A Natural Or Juridical Entity Whose Proposal Was Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. Contractor As Used In These Bidding Documents May Likewise Refer To A Supplier, Distributor, Manufacturer, Or Consultant. Cpi – Consumer Price Index. Dole – Department Of Labor And Employment. Dti – Department Of Trade And Industry. Foreign-funded Procurement Or Foreign-assisted Project – Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Pcab – Philippine Contractors Accreditation Board. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Un – United Nations. Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid (ib) Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Ib Shall Be Posted In Accordance With Section 21.2 Of The 2016 Revised Irr Of Ra No. 9184. Apart From The Essential Items Listed In The Bidding Documents, The Ib Should Also Indicate The Following: A. The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Ib Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; B. The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; C. The Deadline For The Submission And Receipt Of Bids; And D. Any Important Bid Evaluation Criteria. The Ib Should Be Incorporated Into The Bidding Documents. The Information Contained In The Ib Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bid Data Sheet. Republic Of The Philippines Department Of Environment And Natural Resources Provincial Environment And Natural Resources Office City Of Ilagan, Isabela Telefax No.: (078) 325-5701 Invitation To Bid Labor And Materials For The Constuction Of Ranger Station At San Jose, San Mariano, Isabela Within The Northern Sierra Madre Natural Park (nsmnp)-western Side The Provincial Environment And Natural Resources Office Isabela (penro-isabela), Through The Authorized Appropriations Under The Fy 2024 General Appropriations Act, Intends To Apply The Sum Of One Million Pesos (₱1,000,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Labor And Materials For The Construction Of Ranger Station At San Jose, San Mariano, Isabela Within The Nsmnp-western Side. The Period For The Performance Of The Obligations Under The Contract Shall Not Go Beyond The Validity Of The Appropriation For The Project. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Penro-isabela Now Invites Bids For The Above-entitled Procurement Project. Completion Of The Work Is Required 60 Calendar Days. Bidders Should Have Completed A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Nondiscretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Interested Bidders May Obtain Further Information From The Penro-bids And Awards Committee (bac) Secretariat Through The Contact Details Given Below And Inspect The Bidding Documents As Posted On The Philippine Government Electronic Procurement System (philgeps). A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On August 22, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (₱1,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person, By Facsimile, Or Through Electronic Means. Interested Bidders’ Representatives Must Also Present A Letter Duly Signed By The General Manager/owner, If A Sole Proprietorship, Or Authorized Signatory If A Corporation, Authorizing Him/her To Acquire The Bidding Documents. The Denr-penro Ilagan, Isabela Will Hold A Pre-bid Conference On August 29, 2024 9:30am At The Pinaroc Hall, Penr Office, Osmeña, City Of Ilagan, Isabela Which Shall Be Open To Prospective Bidders. Bids Must Be Duly Received By The Bac Secretariat Or The Penro-isabela Records Section Through Manual Submission At The Office Address Indicated Below On Or Before September 10, 2024, 9:00 A.m. Late Bids Shall Not Be Accepted. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. Bid Opening Shall Be On September 10, 2024, 9:30 Am At The Given Address Below. Bids Will Be Opened In The Presence Of The Authorized Bidders’ Representatives Who Choose To Attend The Activity. The Penro-isabela 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. For Further Information, Please Refer To: Preciosa G. Oñate Head, Bac Secretariat Denr-penr Office Osmeña, City Of Ilagan, Isabela Penroisabela@denr.gov.ph C.p. No.: 0917-628-3429 You May Download The Bidding Documents At Philgeps Website. August 20, 2024 Luz S. Soriano Chair, Bids And Awards Committee Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Provincial Environment And Natural Resources Office – Isabela (penro-isabela) Invites Bids For The “labor And Materials For The Construction Of Ranger Station At San Jose, San Mariano Isabela Within The Nsmnp-western Side” The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Fy 2024 In The Amount Of One Million Pesos (₱1,000,000.00). The Period For The Performance Of The Obligations Under The Contract Shall Not Go Beyond The Validity Of The Appropriation For The Project. 2.2. The Source Of Funding Is Fy 2024 General Appropriations. 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 Prior To Pre-bid Conference, 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: Subcontracting Is Not Allowed. 7.2 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 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 Tradeable 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. A. Payment Of The Contract Price Shall Be Made In 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 From The Date Of The Opening Of Bids. 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 Three Copies 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 9 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 12 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 Notes On The Bid Data Sheet (bds) The Bid Data Sheet (bds) Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information, Or Requirements Included In The Itb Found In Section Ii, Which Are Specific To Each Procurement. This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing The Bds, The Following Aspects Should Be Checked: A. Information That Specifies And Complements Provisions Of The Itb Must Be Incorporated. B. Amendments And/or Supplements, If Any, To Provisions Of The Itb As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 5.2 The Required Pcab Licence For This Contract Is As Follows: A. Licence Category : Small A & Small B B. Single Largest Completed Contract : Above Php500,000.00 Up To Php10m C. Allowable Range Of Contract Cost : Up To Php15m For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: (i) A Single Contract That Is Similar To The Project And Whose Value Must Be At Least Fifty Percent (50%) Of The Abc To Be Bid; Or (ii) (a) At Least Two (2) Similar Contracts And The Aggregate Contract Amounts Should Be Equivalent To At Least Fifty Percent (50%) Of The Abc To Be Bid; And (b) The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. Failure To Submit A Copy Of The Single Largest Completed Contract With Proof Of Completion Is A Valid Ground For Disqualification Of The Bidder. 7.1 Sub-contracting Is Not Allowed. 10.3 No Further Instructions. 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: Key Personnel Relevant Experience 1 – Project Manager Preferably Technical Individual With At Least Three (3) Years’ Experience As Project Manager; 1 – Project Engineer A Licensed Civil Engineer With At Least Two (2) Years’ Experience As Project Engineer In Similar Works; 1- Electrical Engineer A Licensed Electrical Engineer With At Least One (1) Year Experience As Electrical Engineer 1 – Safety/health Officer With Training Certificate And With At Least Two (2) Years’ Experience As Safety Officer 1 - Foreman With At Least Two (2) Years’ Experience As Foreman For Earthworks, Concreting And/or Other Related Works; 10.5 The Minimum Equipment Requirements Are The Following: Equipment Description Capacity No. Backhoe 0.80 M3/1.04 Yd3 1 Dump Truck 12 Yd3 1 Plate Compactor (400-500 Gasoline Engine) 5hp 1 One Bagger Mixer 4-6 Ft3/min 1 Bar Bender (25 Mm Maximum Rebar Ø) Three Phase 1 Bar Cutter (25 Mm Maximum Rebar Ø) Grade 40 Single Phase 1 Cutting Outfit 1 Welding Machine Electric Driven/dc Output 500 Amp 1 12 [insert Value Engineering Clause If Allowed.] 14.1 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 Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond 15 Each Bidder Shall Submit One (1) Originally Signed Certified True Copy Of The Original Document And Two (2) Duplicate Copies Of The First And Second Components Of Its Bid. Bidder Must Arrange Each Bid Documents Into Sections With Tabs Properly Labeled Separating Each Document According To The Provided Checklist. 19.2 Partial Bids Are Allowed, As Follows: [insert Grouping Of Lots By Specifying The Items And The Quantity For Every Identified Lot.] 20 [list Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It, E.g. Environmental Compliance Certificate, Certification That The Project Site Is Not Within A Geohazard Zone, Etc.] 21 Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And Scurve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Dole, And Other Acceptable Tools Of Project Scheduling. Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The General Conditions Of Contract (gcc) In This Section, Read In Conjunction With The Special Conditions Of Contract In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. Matters Governing Performance Of The Contractor, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Included In The Gcc And Special Conditions Of Contract. Any Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Special 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 Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Works Procured. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 2 Please Refer To Section Vi. Specifications. 4 The Project Shall Be Completed Within 60 Calendar Days From Receipt Of The Notice To Proceed. 7.2 The Warranty Shall Cover Two (2) Years From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Fifteen (15) Calendar Days Of Delivery Of The Notice Of Award. Section Vi. Specifications Notes On Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Or Conditioning Their Bids. In The Context Of International Competitive Bidding, The Specifications Must Be Drafted To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Economy, Efficiency, And Fairness In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation Facilitated. The Specifications Should Require That All Goods And Materials To Be Incorporated In The Works Be New, Unused, Of The Most Recent Or Current Models, And Incorporate All Recent Improvements In Design And Materials Unless Provided Otherwise In The Contract. Samples Of Specifications From Previous Similar Projects Are Useful In This Respect. The Use Of Metric Units Is Mandatory. Most Specifications Are Normally Written Specially By The Procuring Entity Or Its Representative To Suit The Works At Hand. There Is No Standard Set Of Specifications For Universal Application In All Sectors In All Regions, But There Are Established Principles And Practices, Which Are Reflected In These Pbds. There Are Considerable Advantages In Standardizing General Specifications For Repetitive Works In Recognized Public Sectors, Such As Highways, Ports, Railways, Urban Housing, Irrigation, And Water Supply, In The Same Country Or Region Where Similar Conditions Prevail. The General Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Construction, Although Not Necessarily To Be Used In A Particular Works Contract. Deletions Or Addenda Should Then Adapt The General Specifications To The Particular Works. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Goods, Materials, And Workmanship, Recognized International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Goods, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure Substantially Equal Or Higher Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Scc. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Contract To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished, And Work Performed Or Tested, The Provisions Of The Latest Current Edition Or Revision Of The Relevant Standards And Codes In Effect Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National, Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure A Substantially Equal Or Higher Quality Than The Standards And Codes Specified Will Be Accepted Subject To The Procuring Entity’s Representative’s Prior Review And Written Consent. Differences Between The Standards Specified And The Proposed Alternative Standards Shall Be Fully Described In Writing By The Contractor And Submitted To The Procuring Entity’s Representative At Least Twenty-eight (28) Days Prior To The Date When The Contractor Desires The Procuring Entity’s Representative’s Consent. In The Event The Procuring Entity’s Representative Determines That Such Proposed Deviations Do Not Ensure Substantially Equal Or Higher Quality, The Contractor Shall Comply With The Standards Specified In The Documents. These Notes Are Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Should Not Be Included In The Final Bidding Documents. Notes On The Bill Of Quantities Objectives The Objectives Of The Bill Of Quantities Are: A. To Provide Sufficient Information On The Quantities Of Works To Be Performed To Enable Bids To Be Prepared Efficiently And Accurately; And B. When A Contract Has Been Entered Into, To Provide A Priced Bill Of Quantities For Use In The Periodic Valuation Of Works Executed. In Order To Attain These Objectives, Works Should Be Itemized In The Bill Of Quantities In Sufficient Detail To Distinguish Between The Different Classes Of Works, Or Between Works Of The Same Nature Carried Out In Different Locations Or In Other Circumstances Which May Give Rise To Different Considerations Of Cost. Consistent With These Requirements, The Layout And Content Of The Bill Of Quantities Should Be As Simple And Brief As Possible. Daywork Schedule A Daywork Schedule Should Be Included Only If The Probability Of Unforeseen Work, Outside The Items Included In The Bill Of Quantities, Is High. To Facilitate Checking By The Entity Of The Realism Of Rates Quoted By The Bidders, The Daywork Schedule Should Normally Comprise The Following: A. A List Of The Various Classes Of Labor, Materials, And Constructional Plant For Which Basic Daywork Rates Or Prices Are To Be Inserted By The Bidder, Together With A Statement Of The Conditions Under Which The Contractor Will Be Paid For Work Executed On A Daywork Basis. B. Nominal Quantities For Each Item Of Daywork, To Be Priced By Each Bidder At Daywork Rates As Bid. The Rate To Be Entered By The Bidder Against Each Basic Daywork Item Should Include The Contractor’s Profit, Overheads, Supervision, And Other Charges. Provisional Sums A General Provision For Physical Contingencies (quantity Overruns) May Be Made By Including A Provisional Sum In The Summary Bill Of Quantities. Similarly, A Contingency Allowance For Possible Price Increases Should Be Provided As A Provisional Sum In The Summary Bill Of Quantities. The Inclusion Of Such Provisional Sums Often Facilitates Budgetary Approval By Avoiding The Need To Request Periodic Supplementary Approvals As The Future Need Arises. Where Such Provisional Sums Or Contingency Allowances Are Used, The Scc Should State The Manner In Which They Will Be Used, And Under Whose Authority (usually The Procuring Entity’s Representative’s). The Estimated Cost Of Specialized Work To Be Carried Out, Or Of Special Goods To Be Supplied, By Other Contractors Should Be Indicated In The Relevant Part Of The Bill Of Quantities As A Particular Provisional Sum With An Appropriate Brief Description. A Separate Procurement Procedure Is Normally Carried Out By The Procuring Entity To Select Such Specialized Contractors. To Provide An Element Of Competition Among The Bidders In Respect Of Any Facilities, Amenities, Attendance, Etc., To Be Provided By The Successful Bidder As Prime Contractor For The Use And Convenience Of The Specialist Contractors, Each Related Provisional Sum Should Be Followed By An Item In The Bill Of Quantities Inviting The Bidder To Quote A Sum For Such Amenities, Facilities, Attendance, Etc. Signature Box A Signature Box Shall Be Added At The Bottom Of Each Page Of The Bill Of Quantities Where The Authorized Representative Of The Bidder Shall Affix His Signature. Failure Of The Authorized Representative To Sign Each And Every Page Of The Bill Of Quantities Shall Be A Cause For Rejection Of His Bid. These Notes For Preparing A Bill Of Quantities Are Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Should Not Be Included In The Final Documents. Items Of Work Description Quantity Unit Material Labor Total Amount U. Cost Amount U. Cost Amount 1 General Requirements Mobilization / Demobilization 1.00 Lot Materials Lifting And Handling 1.00 Lot Temporary Power Supply 1.00 Lot Temporary Water Supply 1.00 Lot Total For General Requirements Structural Works 2 Site Works Clearing & Grubbing 40.00 M² Levelling & Grading 40.00 M² Lay-out & Staking 40.00 M² Excavation Footing 10.00 M³ Tiebeam 7.50 M³ Wallfooting 6.40 M³ Septic Tank 6.20 M³ Gravel Bedding Footing 1.00 M³ Tiebeam 1.20 M³ Wallfooting 1.50 M³ Slab-on-grade 8.00 M³ Septic Tank 0.60 M³ Backfilling 24.00 M³ Subtotal 3 Formworks Column 65.00 M² Slab-on-grade 45.00 M² Roof Beams 54.00 M² Septic Tank 14.00 M² Subtotal 4 Reinforcements Footing 115.00 Kgs Column 145.00 Kgs Slab 190.00 Kgs Footing Tiebeam 195.00 Kgs Roof Beams 195.00 Kgs Wallfooting 65.00 Kgs Septic Tank 85.00 Kgs Stairs 147.00 Kgs Subtotal 5 Concrete Works Footing 1.20 M³ Column 2.20 M³ Slab 12.40 M³ Footing Tie Beam 2.10 M³ Wallfooting 2.00 M³ Roof Beams 2.10 M³ Septic Tank 1.80 M³ Stairs 1.70 M³ Subtotal 6 Structural Steel Roof Framing W 6 X 15 210.00 Kgs Lc-100mm X 50mm X 15mm C - Purlins 135.00 Kgs 12mm Thick Base Plates 48.00 Kgs Consumables 1.00 Lot Roofing Pre-painted Long Span Roofing (0.5mm) 40.00 M² Roofing Insulation 40.00 M² Subtotal Total For Structural Architectural Works 7 Masonry Works And Painting Works Exterior Wall 4" Chb (inclusive Of Rebars, Mortar & Installation) 69.00 M² Interior Wall 4" Chb (inclusive Of Rebars, Mortar & Installation) 34.00 M² Wall Plastering Exterior Wall 70.00 M² Interior Wall 114.00 M² Painting Works Exterior Wall 80.00 M² Interior Wall 145.00 M² Subtotal 8 Doors And Windows And Accessories Doors And Windows And Accessories D- 1 1.00 Set D- 2 1.00 Set Aluminum Glass Window W - 1 1.00 M² W - 2 1.00 M² W - 3 0.25 M² Subtotal 9 Surface Finishes Ceramic Tiles Ranger Station 25.00 M² Observation Deck 20.00 M² Subtotal 10 Ceiling Finishes Ground Floor & Second Floor 4.5mm Ficemboard On Light Metal Framing Flat Latex Paint Finish 48.00 M² Subtotal Total For Architectural Electrical Works Lighting Fixtures Roughing Ins 1.0 Lot Fixtures Lighting Fixtures 5 Pc Wall Lamp 1 Pc 2 Gang Outlet 4 Pc 2 Gang Switch 2 Pc Power System Roughing Ins 1.0 Lot Panelboard & Breakers Solar Panel System 1.0 Set Panel Board 1 Pc 30a Breaker 1 Pc 20a Breaker 2 Pc 15a Breaker 1 Pc 60a Breaker 1 Pc Total For Electrical L Works Plumbing And Sanitary Works Roughing Ins 1.0 Lot Plumbing Fixtures Water Closet 1 Set Floor Drain 1 Set Lavatory 1 Set Sink 1 Set Goose Faucet 1 Set Storm Drainage System Roughing Ins 1.0 Lot Waterline System Roughing Ins 1.0 Lot Total For Plumbing And Sanitary Works Total Direct Cost 10% Mark-up Professional Fee Grand Total Summary General Requirements Structural Works Architectural Works Elecrical Works Plumbing And Sanitary Works Total Direct Cost 10% Mark-up Professional Fee Grand Total Section Ix. Checklist Of Technical And Financial Documents Notes On The Checklist Of Technical And Financial Documents The Prescribed Documents In The Checklist Are Mandatory To Be Submitted In The Bid, But Shall Be Subject To The Following: A. Gppb Resolution No. 09-2020 On The Efficient Procurement Measures During A State Of Calamity Or Other Similar Issuances That Shall Allow The Use Of Alternate Documents In Lieu Of The Mandated Requirements; Or B. Any Subsequent Gppb Issuances Adjusting The Documentary Requirements After The Effectivity Of The Adoption Of The Pbds. The Bac Shall Be Checking The Submitted Documents Of Each Bidder Against This Checklist To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion Pursuant To Section 30 Of The 2016 Revised Irr Of Ra No. 9184. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages); Or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document; And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (e) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (f) 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 ⬜ (g) 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 ⬜ (h) Philippine Contractors Accreditation Board (pcab) License; Or Special Pcab License In Case Of Joint Ventures; And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (i) 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 (j) 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; ⬜ 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; D. Site Inspection Report; E. Construction Schedule In The Form Of Pert/cpm Or Precedence Diagram And Bar Chart With S-curve And Cash Flow; F. Manpower Schedule; G. Construction Methodology In Narrative Form; H. Equipment Utilization Schedule; And I. Construction Safety And Health Program ⬜ (k) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney 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. Financial Documents ⬜ (l) The Prospective Bidder’s Audited Financial Statements, Showing, Among Others, The Prospective Bidder’s 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; And ⬜ (m) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc). Class “b” Documents ⬜ (n) If Applicable, Duly Signed Joint Venture Agreement (jva) In Accordance With Ra No. 4566 And Its Irr In Case The Joint Venture Is Already In Existence; Or 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. Ii. Financial Component Envelope ⬜ (o) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (p) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (q) 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 ⬜ (r) Cash Flow By Quarter. Bid Form For The Procurement Of Infrastructure Projects [shall Be Submitted With The Bid] _________________________________________________________________________ Bid Form Date : _________________ Project Identification No. : _________________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Declare That: A. We Have No Reservation To The Pbds, Including The Supplemental Or Bid Bulletins, For The Procurement Project: [insert Name Of Contract]; B. We Offer To Execute The Works For This Contract In Accordance With The Pbds; C. The Total Price Of Our Bid In Words And Figures, Excluding Any Discounts Offered Below Is: [insert Information]; D. The Discounts Offered And The Methodology For Their Application Are: [insert Information]; E. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein And Reflected In The Detailed Estimates, F. Our Bid Shall Be Valid Within The A Period Stated In The Pbds, And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period; G. 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, Or A Performance Securing Declaration In Lieu Of The The Allowable Forms Of Performance Security, Subject To The Terms And Conditions Of Issued Gppb Guidelines For This Purpose; H. 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; I. 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 J. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. K. 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 [name Of Project] Of The [name Of The Procuring Entity]. L. 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: ___________________________________________________________________ Legal Capacity: ____________________________________________________________ Signature: ________________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: __________________________________ Date: ___________________ Bid Securing Declaration Form [shall Be Submitted With The Bid If Bidder Opts To Provide This Form Of Bid Security] _________________________________________________________________________ Republic Of The Philippines) City Of _______________________) S.s. Bid Securing Declaration Project Identification No.: [insert Number] To: [insert Name And Address Of The Procuring Entity] 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 Procurement 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 No. 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; And 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 Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice]

Details: Description Philippine Bidding Documents Procurement Of Construction Materials For The Improvement Of Multi-purpose Building Government Of The Republic Of The Philippines Sixth Edition July 2020 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines For Use By Any Branch, Constitutional Commission Or Office, Agency, Department, Bureau, Office, Or Instrumentality Of The Government Of The Philippines, National Government Agencies, Including Government-owned And/or Controlled Corporations, Government Financing Institutions, State Universities And Colleges, And Local Government Unit. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Government Of The Philippines Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (i) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract Or Framework Agreement, As The Case May Be; (ii) The Eligibility Requirements Of Bidders; (iii) The Expected Contract Or Framework Agreement Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (iv) The Obligations, Duties, And/or Functions Of The Winning Bidder. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Moreover, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents. The Following General Directions Should Be Observed When Using The Documents: A. All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Procurement Project. B. Specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Instructions To Bidders, Bid Data Sheet, And Special Conditions Of Contract. The Final Documents Should Contain Neither Blank Spaces Nor Options. C. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bid Data Sheet, General Conditions Of Contract, Special Conditions Of Contract, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. D. The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Procurement Project, Project Identification Number, And Procuring Entity, In Addition To The Date Of Issue. E. Modifications For Specific Procurement Project Details Should Be Provided In The Special Conditions Of Contract As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bid Data Sheet Or Special Conditions Of Contract, These Terms Shall Be Printed In Bold Typeface On Sections I (instructions To Bidders) And Iii (general Conditions Of Contract), Respectively. F. For Guidelines On The Use Of Bidding Forms And The Procurement Of Foreign-assisted Projects, These Will Be Covered By A Separate Issuance Of The Government Procurement Policy Board. Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations ………………………….4 Section I. Invitation To Bid……………………………………………………..7 Section Ii. Instructions To Bidders…………………………………………...10 1. Scope Of Bid ………………………………………………………………………. 11 2. Funding Information………………………………………………………………. 11 3. Bidding Requirements ……………………………………………………………. 11 4. Corrupt, Fraudulent, Collusive, And Coercive Practices………………………….. 11 5. Eligible Bidders…………………………………………………………………… 11 6. Origin Of Goods ………………………………………………………………….. 12 7. Subcontracts ……………………………………………………………………… 12 8. Pre-bid Conference ………………………………………………………………. 13 9. Clarification And Amendment Of Bidding Documents …………………………… 13 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 13 11. Documents Comprising The Bid: Financial Component …………………………... 13 12. Bid Prices …………………………………………………………………………. 14 13. Bid And Payment Currencies ……………………………………………………… 15 14. Bid Security ………………………………………………………………………. 15 15. Sealing And Marking Of Bids ……………………………………………………… 15 16. Deadline For Submission Of Bids …………………………………………………. 16 17. Opening And Preliminary Examination Of Bids ………………………………….. 16 18. Domestic Preference ……………………………………………………………… 16 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 16 20. Post-qualification ………………………………………………………………… 17 21. Signing Of The Contract …………………………………………………………… 18 Section Iii. Bid Data Sheet …………………………………………………..19 Section Iv. General Conditions Of Contract ……………………...………..22 1. Scope Of Contract ………………………………………………………………… 23 2. Advance Payment And Terms Of Payment ……………………………………….. 23 3. Performance Security ……………………………………………………………. 23 4. Inspection And Tests ……………………………………………………………… 24 5. Warranty …………………………………………………………………………. 24 6. Liability Of The Supplier ………………………………………………………….. 24 Section V. Special Conditions Of Contract ………………………………….25 Section Vi. Schedule Of Requirements ……………………………………....30 Section Vii. Technical Specifications …………………………………………36 Section Viii. Checklist Of Technical And Financial Documents …………..40 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Cda - Cooperative Development Authority. Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. Foreign-funded Procurement Or Foreign-assisted Project– Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid (ib) Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Ib Shall Be Posted In Accordance With Section 21.2 Of The 2016 Revised Irr Of Ra No. 9184. Apart From The Essential Items Listed In The Bidding Documents, The Ib Should Also Indicate The Following: A. The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Ib Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; B. The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; C. The Deadline For The Submission And Receipt Of Bids; And D. Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Ib Should Be Incorporated In The Bidding Documents. The Information Contained In The Ib Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bid Data Sheet. Republic Of The Philippines Province Of South Cotabato Municipality Of Surallah Barangay Centrala Tel. No. 238-5251 Bids And Awards Committee Office Invitation To Bid For The Procurement Of Construction Materials For The Improvement Of Multi-propose Building 1. The Blgu Centrala, Through The Gad, 2022 (supplemental Budget, 2022) Intends To Apply The Sum Of Five Hundred Sixty Five Thousand One Hundred Fifty Pesos Only (php 565,150.00) Being The Abc To Payments Under The Contract For Procurement Of Construction Materials For The Improvement Of Multi-purpose Building Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Blgu-centrala, Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required To Start On May 29, 2024 Until Totally Delivered The Said Project. Bidders Should Have Completed, Within ¬¬¬¬¬¬¬¬¬¬¬¬¬¬3 Calendar Days 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). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. A. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Blgu-centrala Bac Office And Inspect The Bidding Documents At The Address Given Below On April 26, 2024 To May 10, 2024 From 8:00 Am – 12:00 Nn & 1:00pm – 5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On April 26, 2024 To May 10, 2024 From 8:00 Am – 12:00 Nn & 1:00pm – 5:00 Pm From The Given Address Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Php 500.00. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees. 6. The Blgu – Centrala, Will Hold A Pre-bid Conference On May 06, 2024 At 2:00 Pm At Bac Office – Blgu Centrala Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below. 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 14. 9. Bid Opening Shall Be On May 20, 2024 At The Given Address Below Bac Office – Blgu Centrala. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Blgu – Centrala, 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 Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Hon. Oscar B. Bubongan Blgu-centrala Barangay Centrala, Surallah South Cotabato Tel. No. 238-5251 Hon. Jove B. Daypuyart Bac Chairman Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Blgu – Centrala Wishes To Receive Bids For The Procurement Of Construction Materials For The Improvement Of Multi-purpose Building. 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 3in The Amount Of Php 565,150.00 2.2. The Source Of Funding Is: A. Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 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 Manuals 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 Ib 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 Verified And Accepted The General Requirements Of This Project, Including 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, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, 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. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To The Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of 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, Subject To Domestic Preference Requirements Under Itb Clause 18. 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 Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2. 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. 7.3. 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. 7.4. Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier 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 Supplier’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 Bac Office – Blgu Centrala On May 06, 2024 At 2:00 Pm. 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 Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within [state Relevant Period As Provided In Paragraph 2 Of The Ib] Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. 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. Similar To The Required Authentication Above, 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. 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 Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. 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. 11.5. Financial Proposals For Single Or Multi-year Framework Agreement Shall Be Submitted Before The Deadline Of Submission Of Bids As Prescribed In The Ib. For Multi-year Framework Agreement, Evaluation Of The Financial Proposal During This Stage Is For Purposes Of Determining Eligibility And Whether Or Not Such Financial Proposal Is Within The Abc. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In The Bds. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In The Bds. 12.2. For Framework Agreement, The Following Should Also Apply In Addition To Clause 12.1: A. For A Single Year Framework Agreement, The Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Escalation On Any Account. Price Schedules Required Under Clause 12.1 Shall Be Submitted With The Bidding Documents. B. For A Multi-year Framework Agreement, The Prices Quoted By The Bidder During Submission Of Eligibility Documents Shall Be The Ceiling And The Price Quoted During Mini-competition Must Not Exceed The Initial Price Offer. The Price Quoted During Call For Mini-competition Shall Be Fixed During The Bidder’s Performance Of That Call-off And Not Subject To Variation Or Escalation On Any Account. Price Schedules Required Under Clause 12.1 Shall Be Submitted With The Bidding Documents. 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The 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. 13.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 14. Bid Security 14.1. 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. 14.2. The Bid And Bid Security Shall Be Valid Until The Said Project Totally Installed. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 14.3. In The Case Of Framework Agreement, Other Than The Grounds For Forfeiture Under The 2016 Revised Irr, The Bid Security May Also Be Forfeited If The Successful Bidder Fails To Sign The Framework Agreement, Or Fails To Furnish The Performance Security Or Performance Securing Declaration. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Posting Of Performance Security Or Performance Securing Declaration, As The Case May Be, By The Winning Bidder Or Compliant Bidders And The Signing Of The Framework Agreement. 15. 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 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. 16. Deadline For Submission Of Bids 16.1. 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. 16.2. For Multi-year Framework Agreement, The Submission Of Bids Shall Be For The Initial Evaluation Of Their Technical And Financial Eligibility. Thereafter, Those Declared Eligible During The Said Initial Eligibility Evaluation And Entered Into A Framework Agreement With The Procuring Entity Shall Submit Anew Their Best Financial Offer At The Address And On Or Before The Date And Time Indicated In The Call For Each Mini-competition. 17. Opening And Preliminary Examination Of Bids 17.1. 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. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 18.2. For Multi-year Framework Agreement, Determination Of Margin Of Preference Shall Be Conducted Every Call For Mini-competition. 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 The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1 – One Project Having Several Items That Shall Be Awarded As One Contract. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.1. For Multi-year Framework Agreement, All Bidders Initially Determined To Be Eligible And Financially Compliant Shall Be Subject To Initial Post-qualification. The Bac Shall Then Recommend The Execution Of A Framework Agreement Among All Eligible, Technically And Financially Compliant Bidders And The Procuring Entity And Shall Be Issued By Hope A Notice To Execute Framework Agreement. The Determination Of The Lowest Calculated Bid (lcb) Shall Not Be Performed By The Bac Until A Mini-competition Is Conducted Among The Bidders Who Executed A Framework Agreement. When A Call For Mini-competition Is Made, The Bac Shall Allow The Bidders To Submit Their Best Financial Proposals On Such Pre-scheduled Date, Time And Place To Determine The Bidder With The Lcb. 20.2. 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, Or In The Case Of Multi-year Framework Agreement, That It Is One Of The Eligible Bidders Who Have Submitted Bids That Are Found To Be Technically And Financially Compliant,}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. For Every Mini-competition In Framework Agreement, The Lcb Shall Likewise Submit The Required Documents For Final Post Qualification.} 21. Signing Of The Contract 21.1. 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. 21.2. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Framework Agreement Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 21.3. Within Ten (10) Calendar Days From Receipt Of The Notice To Execute Framework Agreement With The Procuring Entity, The Successful Bidder Or Its Duly Authorized Representative Shall Formally Enter Into A Framework Agreement With The Procuring Entity For An Amount Of One Peso To Be Paid To The Procuring Entity As A Consideration For The Option Granted By The Procuring Entity To Procure The Items In The Framework Agreement List When The Need Arises. 21.4. The Procuring Entity Shall Enter Into A Framework Agreement With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 21.5. The Following Documents Shall Form Part Of The Framework Agreement: A. Framework Agreement Form; B. Bidding Documents; C. Call-offs; D. Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted (e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; E. Performance Security Or Performance Securing Declaration, As The Case May Be; F. Notice To Execute Framework Agreement; And G. Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet The Bid Data Sheet (bds) Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information, Or Requirements Included In The Itb Found In Section Ii, Which Are Specific To Each Procurement. This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing The Bds, The Following Aspects Should Be Checked: A. Information That Specifies And Complements Provisions Of The Itb Must Be Incorporated. B. Amendments And/or Supplements, If Any, To Provisions Of The Itb As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. _____________________________________________________ B. Completed Within __________________ Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 N/a 12 The Price Of The Goods Shall Be Quoted To Blgu – Centrala For This Project. 14.1 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 __________ [indicate The Amount Equivalent To Two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than _________ [indicate The Amount Equivalent To Five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 N/a 20.2 [list Here Any Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It.] __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 21.2 [list Here Any Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity.] __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The General Conditions Of Contract (gcc) In This Section, Read In Conjunction With The Special Conditions Of Contract In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. Matters Governing Performance Of The Supplier, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Included In The Gcc And Special Conditions Of Contract. Any Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Special 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. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. [include The Following Clauses If Framework Agreement Will Be Used:] 2.3. For A Single-year Framework Agreement, Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under A Call-off Shall Not Vary From The Prices Quoted By The Supplier In Its Bid. 2.4. For Multi-year Framework Agreement, Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under A Call-off Shall Not Vary From The Prices Quoted By The Supplier During Conduct Of Mini-competition. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder 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 Of Ra No. 9184 In The Case Of Framework Agreement, The Bidder May Opt To Furnish The Performance Security Or A Performance Securing Declaration As Defined Under The Guidelines On The Use Of Framework Agreement.} 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Vii (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents The Delivery Terms Applicable To This Contract Are Delivered Blgu Centrala. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Purok 2, Centrala, Surallah, South Cotabato (barangay Hall / Office). Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And B. Other Please Specify ___________________________________ The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of [indicate Here The Time Period Specified. If Not Used Indicate A Time Period Of Three Times The Warranty Period]. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within [insert Appropriate Time Period] Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. Regular And Recurring Services – [in Case Of Contracts For Regular And Recurring Services, State:] “the Contract For Regular And Recurring Services Shall Be Subject To A Renewal Whereby The Performance Evaluation Of The Service Provider Shall Be Conducted In Accordance With Section Vii. Technical Specifications.” 2.2 The Terms Of Payment Shall Be Full After All The Materials Was Dully Delivered. 4 The Inspections And Tests That Will Be Conducted On / From May 29, 2024 To June 29, 2024 Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Unit Total Delivery Schedule, Weeks/months I. Earthworks 1 Backfill Cu.m 12 Upon Agreement Ii. Concrete Works 1 Cement Bags 140 Upon Agreement 2 Sand Cu.m 8 Upon Agreement 3 Gravel Cu.m 16 Upon Agreement 4 Cobbles 3” Cu.m 2 Upon Agreement 5 16mm Deformed Bars Pieces 45 Upon Agreement 6 12mm Deformed Bars Pieces 67 Upon Agreement 7 10mm Deformed Bars Pieces 180 Upon Agreement 8 Gi. Tie Wire #16 Kilograms 22 Upon Agreement 9 ½ X 4 X 8 / Plywood Pieces 10 Upon Agreement 10 2 X 2 X 12 Coco Lumber Pieces 10 Upon Agreement 11 2 X 3 X 12 Coco Lumber Pieces 100 Upon Agreement 12 Cwn #4 Kilograms 15 Upon Agreement 13 Cwn #3 Kilograms 15 Upon Agreement 14 Cwn #2 Kilograms 8 Upon Agreement 15 Cutting Disc Pieces 16 Upon Agreement Iii. Masonry Works 1 Cement Bags 130 Upon Agreement 2 Sand Cu.m 14 Upon Agreement 3 Chb 4’ Pieces 3600 Upon Agreement 4 10mm Deformed Bars Pieces 135 Upon Agreement 5 Gi Tie Wire #16 Kilograms 12 Upon Agreement Iv. Plastering 1 Cement Bags 120 Upon Agreement 2 Sand Cu.m 9 Upon Agreement V. Doors And Windows 1 Panel Door 0.80m X 2.10m W/ Jambs Sets 2 Upon Agreement 2 Pvc Door 0.70m X 2.10m W/ Jambs Sets 3 Upon Agreement 3 Sliding Glass Window 1.25m X 1.60m Sets 4 Upon Agreement 4 Sliding Glass Window 0.50m X 0.60m Sets 3 Upon Agreement 5 Door Knob Sets 5 Upon Agreement 6 Hinge 4 X 4 Pairs 3 Upon Agreement Vi. Roofing 1 0.40mm X 5.8m Rib-type Roof Sheets Pieces 14 Upon Agreement 2 0.40mm X 2.44 Gutter 10” Pieces 5 Upon Agreement 3 0.40mm X 2.44 End Flashing 10” Pieces 14 Upon Agreement 4 Ga 26 X 16” Wall Flashing 8” Pieces 7 Upon Agreement 5 Teckscrew #2 Pieces 800 Upon Agreement 6 Sealant L 2 Upon Agreement Vii. Trusses 1 1.2 X 2 4 Tubular Gi Pieces 14 Upon Agreement 2 C-purlins 2 X 3 X 1.2 Gi Pieces 30 Upon Agreement 3 3mm X 2 X 2 Angle Bar Piece 1 Upon Agreement 4 3mm X 1 ½ Flat Bar Pieces 2 Upon Agreement 5 Cutting Disc (metabo) Pieces 15 Upon Agreement 6 Welding Rod (6013) Kilograms 20 Upon Agreement Viii. Ceiling Works 1 3.5mm X 4 X 8 Hardiflex Pieces 32 Upon Agreement 2 Double Furring X 5m Pieces 78 Upon Agreement 3 C-channel Pieces 16 Upon Agreement 4 1.5 X 2 X 4 Tubular Pieces 4 Upon Agreement 5 Drill Bit 1/8 Masonry Pieces 4 Upon Agreement 6 Drill Bit 1/8 Steel Pieces 16 Upon Agreement 7 Blind Rivets 1/8 X ¾ Boxes 4 Upon Agreement 8 Blind Rivets 1/8 X ½ Boxes 4 Upon Agreement 9 Tile Cutter Pieces 2 Upon Agreement 10 Air Vent 0.30 X 0.50 Straight Pieces 6 Upon Agreement Ix. Tile Works 1 40 X 40 Ceramic Tiles (main Floor) Pieces 280 Upon Agreement 2 40 X 40 Tiles (toilet Walls) Pieces 165 Upon Agreement 3 40 X 40 Tiles (toilet Floors) Pieces 126 Upon Agreement 4 Cement Bags 48 Upon Agreement 5 Sand Cu.m 3 Upon Agreement 6 Grout Packs 6 Upon Agreement 7 Tile Cutter Pieces 4 Upon Agreement 8 Tile Trim Pieces 12 Upon Agreement X. Plumbing Works 1 Plumbing Works Lot 1 Upon Agreement Xi. Electrical Works 1 Electrical Works Lot 1 Upon Agreement Framework Agreement List Limited To Repeatedly Required Goods And Services That Are Identified To Be Necessary And Desirable, But, By Its Nature, Use Or Characteristic, The Quantity And/ Or Exact Time Of Need Cannot Be Accurately Pre-determined And Are Not Advisable To Be Carried In Stock. Prepared By The End-user, Attached To The App And Submitted To The Bac For The Approval Of The Hope. Framework Agreement List (agency) Item / Service Type And Nature Of Each Item/service Cost Per Item Or Service Maximum Quantity Total Cost Per Item Total (approved Budget For The Contract) Expected Delivery Timeframe After Receipt Of A Call-off. Within [no. Of Days] Calendar Days Upon Issuance Of Call-off. Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts, Descriptions Of The Lots Or Items) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness, And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. In Case Of Renewal Of Regular And Recurring Services, The Procuring Entity Must Indicate Here The Technical Requirements For The Service Provider, Which Must Include The Set Criteria In The Conduct Of Its Performance Evaluation. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] [use This Form For Framework Agreement:] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Section Viii. Checklist Of Technical And Financial Documents Notes On The Checklist Of Technical And Financial Documents The Prescribed Documents In The Checklist Are Mandatory To Be Submitted In The Bid, But Shall Be Subject To The Following: A. Gppb Resolution No. 09-2020 On The Efficient Procurement Measures During A State Of Calamity Or Other Similar Issuances That Shall Allow The Use Of Alternate Documents In Lieu Of The Mandated Requirements; Or B. Any Subsequent Gppb Issuances Adjusting The Documentary Requirements After The Effectivity Of The Adoption Of The Pbds. The Bac Shall Be Checking The Submitted Documents Of Each Bidder Against This Checklist To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion Pursuant To Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 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 For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) 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 ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney 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. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (h) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or 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. Ii. Financial Component Envelope ⬜ (i) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (j) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (k) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (l) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.

Details: Description Philippine Bidding Documents Procurement Of Construction Materials For The Improvement Of Barangay Hall With Toilets Government Of The Republic Of The Philippines Sixth Edition July 2020 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines For Use By Any Branch, Constitutional Commission Or Office, Agency, Department, Bureau, Office, Or Instrumentality Of The Government Of The Philippines, National Government Agencies, Including Government-owned And/or Controlled Corporations, Government Financing Institutions, State Universities And Colleges, And Local Government Unit. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Government Of The Philippines Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (i) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract Or Framework Agreement, As The Case May Be; (ii) The Eligibility Requirements Of Bidders; (iii) The Expected Contract Or Framework Agreement Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (iv) The Obligations, Duties, And/or Functions Of The Winning Bidder. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Moreover, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents. The Following General Directions Should Be Observed When Using The Documents: A. All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Procurement Project. B. Specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Instructions To Bidders, Bid Data Sheet, And Special Conditions Of Contract. The Final Documents Should Contain Neither Blank Spaces Nor Options. C. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bid Data Sheet, General Conditions Of Contract, Special Conditions Of Contract, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. D. The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Procurement Project, Project Identification Number, And Procuring Entity, In Addition To The Date Of Issue. E. Modifications For Specific Procurement Project Details Should Be Provided In The Special Conditions Of Contract As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bid Data Sheet Or Special Conditions Of Contract, These Terms Shall Be Printed In Bold Typeface On Sections I (instructions To Bidders) And Iii (general Conditions Of Contract), Respectively. F. For Guidelines On The Use Of Bidding Forms And The Procurement Of Foreign-assisted Projects, These Will Be Covered By A Separate Issuance Of The Government Procurement Policy Board. Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations ………………………….4 Section I. Invitation To Bid……………………………………………………..7 Section Ii. Instructions To Bidders…………………………………………...10 1. Scope Of Bid ………………………………………………………………………. 11 2. Funding Information………………………………………………………………. 11 3. Bidding Requirements ……………………………………………………………. 11 4. Corrupt, Fraudulent, Collusive, And Coercive Practices………………………….. 11 5. Eligible Bidders…………………………………………………………………… 11 6. Origin Of Goods ………………………………………………………………….. 12 7. Subcontracts ……………………………………………………………………… 12 8. Pre-bid Conference ………………………………………………………………. 13 9. Clarification And Amendment Of Bidding Documents …………………………… 13 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 13 11. Documents Comprising The Bid: Financial Component …………………………... 13 12. Bid Prices …………………………………………………………………………. 14 13. Bid And Payment Currencies ……………………………………………………… 15 14. Bid Security ………………………………………………………………………. 15 15. Sealing And Marking Of Bids ……………………………………………………… 15 16. Deadline For Submission Of Bids …………………………………………………. 16 17. Opening And Preliminary Examination Of Bids ………………………………….. 16 18. Domestic Preference ……………………………………………………………… 16 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 16 20. Post-qualification ………………………………………………………………… 17 21. Signing Of The Contract …………………………………………………………… 18 Section Iii. Bid Data Sheet …………………………………………………..19 Section Iv. General Conditions Of Contract ……………………...………..22 1. Scope Of Contract ………………………………………………………………… 23 2. Advance Payment And Terms Of Payment ……………………………………….. 23 3. Performance Security ……………………………………………………………. 23 4. Inspection And Tests ……………………………………………………………… 24 5. Warranty …………………………………………………………………………. 24 6. Liability Of The Supplier ………………………………………………………….. 24 Section V. Special Conditions Of Contract ………………………………….25 Section Vi. Schedule Of Requirements ……………………………………....30 Section Vii. Technical Specifications …………………………………………33 Section Viii. Checklist Of Technical And Financial Documents …………..37 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Cda - Cooperative Development Authority. Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. Foreign-funded Procurement Or Foreign-assisted Project– Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid (ib) Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Ib Shall Be Posted In Accordance With Section 21.2 Of The 2016 Revised Irr Of Ra No. 9184. Apart From The Essential Items Listed In The Bidding Documents, The Ib Should Also Indicate The Following: A. The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Ib Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; B. The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; C. The Deadline For The Submission And Receipt Of Bids; And D. Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Ib Should Be Incorporated In The Bidding Documents. The Information Contained In The Ib Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bid Data Sheet. Republic Of The Philippines Province Of South Cotabato Municipality Of Surallah Barangay Centrala Tel. No. 238-5251 Bids And Awards Committee Office Invitation To Bid For The Procurement Of Materials For The Improvement Of Barangay Hall With Toilets 1. The Blgu Centrala, Through The Gf, 2023 (supplemental Budget, 2023) Intends To Apply The Sum Of Four Hundred Thirty Nine Thousand Six Hundred Forty Five Pesos Only (php 439,645.00) Being The Abc To Payments Under The Contract For Procurement Of Materials For The Improvement Of Barangay Hall With Toilets. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Blgu-centrala, Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required To Start On May 29, 2024 Until Totally Delivered The Said Project. Bidders Should Have Completed, Within ¬¬¬¬¬¬¬¬¬¬¬¬¬¬3 Calendar Days 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). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. A. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Bac Office – Blgu Centrala And Inspect The Bidding Documents At The Address Given Below On April 26, 2024 To May 10, 2024 From 8:00 Am – 12:00 Nn & 1:00pm – 5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On April 26, 2024 To May 10, 2024 From 8:00 Am – 12:00 Nn & 1:00pm – 5:00 Pm From The Given Address Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Php 500.00. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees. 6. The Blgu – Centrala, Will Hold A Pre-bid Conference On May 06, 2024 At 2:00 Pm At Bac Office – Blgu Centrala Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below. 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 14. 9. Bid Opening Shall Be On May 20, 2024 At The Given Address Below Bac Office – Blgu Centrala. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Blgu – Centrala, 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 Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Hon. Oscar B. Bubongan Blgu-centrala Barangay Centrala, Surallah South Cotabato Tel. No. 238-5251 Hon. Jove B. Daypuyart Bac Chairman Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Blgu – Centrala Wishes To Receive Bids For The Procurement Of Materials For The Improvement Of Barangay Hall With Toilets. 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 3in The Amount Of Php 439,645.00 2.2. The Source Of Funding Is: A. Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 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 Manuals 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 Ib 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 Verified And Accepted The General Requirements Of This Project, Including 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, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, 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. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To The Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of 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, Subject To Domestic Preference Requirements Under Itb Clause 18. 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 Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2. 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. 7.3. 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. 7.4. Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier 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 Supplier’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 Bac Office – Blgu Centrala On May 06, 2024 At 2:00 Pm. 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 Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within [state Relevant Period As Provided In Paragraph 2 Of The Ib] Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. 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. Similar To The Required Authentication Above, 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. 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 Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. 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. 11.5. Financial Proposals For Single Or Multi-year Framework Agreement Shall Be Submitted Before The Deadline Of Submission Of Bids As Prescribed In The Ib. For Multi-year Framework Agreement, Evaluation Of The Financial Proposal During This Stage Is For Purposes Of Determining Eligibility And Whether Or Not Such Financial Proposal Is Within The Abc. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In The Bds. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In The Bds. 12.2. For Framework Agreement, The Following Should Also Apply In Addition To Clause 12.1: A. For A Single Year Framework Agreement, The Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Escalation On Any Account. Price Schedules Required Under Clause 12.1 Shall Be Submitted With The Bidding Documents. B. For A Multi-year Framework Agreement, The Prices Quoted By The Bidder During Submission Of Eligibility Documents Shall Be The Ceiling And The Price Quoted During Mini-competition Must Not Exceed The Initial Price Offer. The Price Quoted During Call For Mini-competition Shall Be Fixed During The Bidder’s Performance Of That Call-off And Not Subject To Variation Or Escalation On Any Account. Price Schedules Required Under Clause 12.1 Shall Be Submitted With The Bidding Documents. 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The 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. 13.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 14. Bid Security 14.1. 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. 14.2. The Bid And Bid Security Shall Be Valid Until The Said Project Totally Installed. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 14.3. In The Case Of Framework Agreement, Other Than The Grounds For Forfeiture Under The 2016 Revised Irr, The Bid Security May Also Be Forfeited If The Successful Bidder Fails To Sign The Framework Agreement, Or Fails To Furnish The Performance Security Or Performance Securing Declaration. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Posting Of Performance Security Or Performance Securing Declaration, As The Case May Be, By The Winning Bidder Or Compliant Bidders And The Signing Of The Framework Agreement. 15. 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 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. 16. Deadline For Submission Of Bids 16.1. 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. 16.2. For Multi-year Framework Agreement, The Submission Of Bids Shall Be For The Initial Evaluation Of Their Technical And Financial Eligibility. Thereafter, Those Declared Eligible During The Said Initial Eligibility Evaluation And Entered Into A Framework Agreement With The Procuring Entity Shall Submit Anew Their Best Financial Offer At The Address And On Or Before The Date And Time Indicated In The Call For Each Mini-competition. 17. Opening And Preliminary Examination Of Bids 17.1. 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. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 18.2. For Multi-year Framework Agreement, Determination Of Margin Of Preference Shall Be Conducted Every Call For Mini-competition. 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 The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1 – One Project Having Several Items That Shall Be Awarded As One Contract. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.1. For Multi-year Framework Agreement, All Bidders Initially Determined To Be Eligible And Financially Compliant Shall Be Subject To Initial Post-qualification. The Bac Shall Then Recommend The Execution Of A Framework Agreement Among All Eligible, Technically And Financially Compliant Bidders And The Procuring Entity And Shall Be Issued By Hope A Notice To Execute Framework Agreement. The Determination Of The Lowest Calculated Bid (lcb) Shall Not Be Performed By The Bac Until A Mini-competition Is Conducted Among The Bidders Who Executed A Framework Agreement. When A Call For Mini-competition Is Made, The Bac Shall Allow The Bidders To Submit Their Best Financial Proposals On Such Pre-scheduled Date, Time And Place To Determine The Bidder With The Lcb. 20.2. 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, Or In The Case Of Multi-year Framework Agreement, That It Is One Of The Eligible Bidders Who Have Submitted Bids That Are Found To Be Technically And Financially Compliant,}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. For Every Mini-competition In Framework Agreement, The Lcb Shall Likewise Submit The Required Documents For Final Post Qualification.} 21. Signing Of The Contract 21.1. 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. 21.2. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Framework Agreement Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 21.3. Within Ten (10) Calendar Days From Receipt Of The Notice To Execute Framework Agreement With The Procuring Entity, The Successful Bidder Or Its Duly Authorized Representative Shall Formally Enter Into A Framework Agreement With The Procuring Entity For An Amount Of One Peso To Be Paid To The Procuring Entity As A Consideration For The Option Granted By The Procuring Entity To Procure The Items In The Framework Agreement List When The Need Arises. 21.4. The Procuring Entity Shall Enter Into A Framework Agreement With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 21.5. The Following Documents Shall Form Part Of The Framework Agreement: A. Framework Agreement Form; B. Bidding Documents; C. Call-offs; D. Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted (e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; E. Performance Security Or Performance Securing Declaration, As The Case May Be; F. Notice To Execute Framework Agreement; And G. Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet The Bid Data Sheet (bds) Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information, Or Requirements Included In The Itb Found In Section Ii, Which Are Specific To Each Procurement. This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing The Bds, The Following Aspects Should Be Checked: A. Information That Specifies And Complements Provisions Of The Itb Must Be Incorporated. B. Amendments And/or Supplements, If Any, To Provisions Of The Itb As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. _____________________________________________________ B. Completed Within __________________ Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 N/a 12 The Price Of The Goods Shall Be Quoted To Blgu – Centrala For This Project. 14.1 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 __________ [indicate The Amount Equivalent To Two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than _________ [indicate The Amount Equivalent To Five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 N/a 20.2 [list Here Any Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It.] __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 21.2 [list Here Any Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity.] __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The General Conditions Of Contract (gcc) In This Section, Read In Conjunction With The Special Conditions Of Contract In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. Matters Governing Performance Of The Supplier, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Included In The Gcc And Special Conditions Of Contract. Any Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Special 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. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. [include The Following Clauses If Framework Agreement Will Be Used:] 2.3. For A Single-year Framework Agreement, Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under A Call-off Shall Not Vary From The Prices Quoted By The Supplier In Its Bid. 2.4. For Multi-year Framework Agreement, Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under A Call-off Shall Not Vary From The Prices Quoted By The Supplier During Conduct Of Mini-competition. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder 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 Of Ra No. 9184 In The Case Of Framework Agreement, The Bidder May Opt To Furnish The Performance Security Or A Performance Securing Declaration As Defined Under The Guidelines On The Use Of Framework Agreement.} 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Vii (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents The Delivery Terms Applicable To This Contract Are Delivered Blgu Centrala. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Purok 2, Centrala, Surallah, South Cotabato (barangay Hall / Office) Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And B. Other Please Specify ___________________________________ The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of [indicate Here The Time Period Specified. If Not Used Indicate A Time Period Of Three Times The Warranty Period]. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within [insert Appropriate Time Period] Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. Regular And Recurring Services – [in Case Of Contracts For Regular And Recurring Services, State:] “the Contract For Regular And Recurring Services Shall Be Subject To A Renewal Whereby The Performance Evaluation Of The Service Provider Shall Be Conducted In Accordance With Section Vii. Technical Specifications.” 2.2 The Terms Of Payment Shall Be Full After All The Materials Was Dully Delivered. 4 The Inspections And Tests That Will Be Conducted On / From May 29, 2024 To June 29, 2024. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Unit & Quantity Total Delivery Schedule, Weeks/months I. Earthworks 1 Backfill Materials 10 Cu.m 3,000.00 Upon Agreement Ii. Concrete Works 1 Cement 145 Bags 43,500.00 Upon Agreement 2 Sand 8 Cu.m 3,600.00 Upon Agreement 3 Gravel 16 Cu.m 13,600.00 Upon Agreement 4 Cobbles 3” 1 Cu.m 4,500.00 Upon Agreement 5 16mm Deformed Bars 54 Pieces 11,610.00 Upon Agreement 6 12mm Deformed Bars 40 Pieces 8,600.00 Upon Agreement 7 10mm Deformed Bars 120 Pieces 20,400.00 Upon Agreement 8 Gi Tie Wire #16 20 Kilograms 1,400.00 Upon Agreement 9 ½ X 4 X 8 X Plywood 6 Pieces 3,900.00 Upon Agreement 10 2 X 2 X 12 Coco Lumber 50 Pieces 3,400.00 Upon Agreement 11 2 X 3 X 12 Coco Lumber 50 Pieces 5,100.00 Upon Agreement 12 Cwn #4 10 Kilograms 700.00 Upon Agreement 13 Cwn #3 10 Kilograms 700.00 Upon Agreement 14 Cwn #2 5 Kilograms 350.00 Upon Agreement 15 Cutting Disc (metabo) 10 Pieces 900.00 Upon Agreement Iii. Masonry 1 Cemnet 75 Bags 22,500.00 Upon Agreement 2 Sand 4 Cu.m 1,800.00 Upon Agreement 3 Chb 4” 1400 Pieces 11,200.00 Upon Agreement 4 10mm Deformed Bars 80 Pieces 13,600.00 Upon Agreement 5 Gi Tie Wire #16 5 Kilograms 350.00 Upon Agreement Iv. Plastering 1 Cement 45 Bags 13,500.00 Upon Agreement 2 Sand 5 Cu.m 2,250.00 Upon Agreement V. Door And Windows 1 Panel Door 0.80m X 2.10m With Jambs 1 Set 5,500.00 Upon Agreement 2 Pvc Door 0.70m X 2.10m With Jambs 4 Sets 6,440.00 Upon Agreement 3 Sliding Glass Window 1.25m X 1.60m 3 Sets 10,800.00 Upon Agreement 4 Sliding Glass Window 0.50m X 0.60m 5 Sets 3,750.00 Upon Agreement 5 Door Knob 5 Sets 3,250.00 Upon Agreement 6 Hinge 4 X 4 2 Pairs 630.. Upon Agreement Vi. Roofing 1 0.40mm X 5.5m Rib-type Roof Shhets 10 Pieces 16,000.00 Upon Agreement 2 0.40mm X 4.40m Rib-type Roof Sheets 4 Pieces 5,200.00 Upon Agreement 3 0.40mm X 2.44 Gutter 10” 6 Pieces 4,200.00 Upon Agreement 4 0.40mm X 2.44 End Flashing 10” 11 Pieces 7,700.00 Upon Agreement 5 Ga 26 X 16” Wall Flashing 8” 7 Pieces 3,360.00 Upon Agreement 6 Teckscrew #2 500 Pieces 1,500.00 Upon Agreement 7 Sealant 2 L 1,200.00 Upon Agreement Vii. Trusses 1 1.2 X 2 X 4 Tubular Gi 10 Pieces 8,850.00 Upon Agreement 2 C-purlins 2 X 3 X 1.2 Gi 22 Pieces 11,880.00 Upon Agreement 3 3mm X 2 X 2 Angle Bar 1 Piece 680.00 Upon Agreement 4 3mm X 1 ½ Flat Bar 1 Piece 320.00 Upon Agreement 5 Cutting Disc (metabo) 10 Pieces 900.00 Upon Agreement Viii. Ceiling Works 1 3.5mm X 4 X 8 Hardiflex 28 Pieces 12,600.00 Upon Agreement 2 Double Furring X 5m 70 Pieces 10,500.00 Upon Agreement 3 C – Chnanel 15 Pieces 1,950.00 Upon Agreement 4 1.5 X 2 X 4 Tubular 2 Pieces 1,900.00 Upon Agreement 5 Drill Bit 1/8 Masonry 2 Pieces 240.00 Upon Agreement 6 Drill Bit 1/8 Steel 10 Pieces 1,200.00 Upon Agreement 7 Blind Rivets 1/8 X ¾ 3 Boxes 1,350.00 Upon Agreement 8 Blind Rivets 1/8 X ½ 3 Boxes 1,200.00 Upon Agreement 9 Tile Cutter 2 Pieces 1,300.00 Upon Agreement 10 Air Vent 0.30 X 0.50 Straight 5 Pieces 3,900.00 Upon Agreement Ix. Tile Works 1 40 X 40 Ceramic Tiles (main Floor) 200 Pieces 12,000.00 Upon Agreement 2 40 X 40 Tiles (toilet Walls) 215 Pieces 17,200.00 Upon Agreement 3 40 X 40 Tiles (toilet Floors) 110 Pieces 6,600.00 Upon Agreement 4 Cement 35 Bags 10,500.00 Upon Agreement 5 Sand 3 Cu.m 1,350.00 Upon Agreement 6 Grout 5 Packs 800.00 Upon Agreement 7 Tile Cutter 2 Pieces 1,300.00 Upon Agreement 8 Tile Trim 13 Pieces 975.00 Upon Agreement X. Plumbing Works 1 Plumbing Works 1 Lot 45,000.00 Upon Agreement Xi. Electrical Works 1 Electrical Works 1 Lot 24,000.00 Upon Agreement Framework Agreement List Limited To Repeatedly Required Goods And Services That Are Identified To Be Necessary And Desirable, But, By Its Nature, Use Or Characteristic, The Quantity And/ Or Exact Time Of Need Cannot Be Accurately Pre-determined And Are Not Advisable To Be Carried In Stock. Prepared By The End-user, Attached To The App And Submitted To The Bac For The Approval Of The Hope. Framework Agreement List (agency) Item / Service Type And Nature Of Each Item/service Cost Per Item Or Service Maximum Quantity Total Cost Per Item Total (approved Budget For The Contract) Expected Delivery Timeframe After Receipt Of A Call-off. Within [no. Of Days] Calendar Days Upon Issuance Of Call-off . Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts, Descriptions Of The Lots Or Items) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness, And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. In Case Of Renewal Of Regular And Recurring Services, The Procuring Entity Must Indicate Here The Technical Requirements For The Service Provider, Which Must Include The Set Criteria In The Conduct Of Its Performance Evaluation. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] [use This Form For Framework Agreement:] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Section Viii. Checklist Of Technical And Financial Documents Notes On The Checklist Of Technical And Financial Documents The Prescribed Documents In The Checklist Are Mandatory To Be Submitted In The Bid, But Shall Be Subject To The Following: A. Gppb Resolution No. 09-2020 On The Efficient Procurement Measures During A State Of Calamity Or Other Similar Issuances That Shall Allow The Use Of Alternate Documents In Lieu Of The Mandated Requirements; Or B. Any Subsequent Gppb Issuances Adjusting The Documentary Requirements After The Effectivity Of The Adoption Of The Pbds. The Bac Shall Be Checking The Submitted Documents Of Each Bidder Against This Checklist To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion Pursuant To Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 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 For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) 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 ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney 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. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (h) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or 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. Ii. Financial Component Envelope ⬜ (i) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (j) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (k) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (l) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Opening Of Road Of Battalion Camp Barangay Siljagon, Mapanas, Northern Samar Contract Reference No. 2024-04-039 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 68 Section Vi. Specifications 70 Section Vii. Drawings 73 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 75 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: Opening Of Access Road Of Battalion Camp, Brgy. Siljagon , Mapanas, N. Samar The Lgu- Mapanas, Northern Samar, Through The 20% Economic Development Fund (edf) Of Lgu-mapanas Intends To Apply The Sum Of Four Hundred Ninety Five Thousand Thirty One Pesos & 48/100 Only (p495,031.48) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For: Opening Of Access Road To Battalion Camp At Brgy. Siljagon, 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 1.) Opening Of Access Road Of Battallion Camp , Brgy. Siljagon, Mapanas Northern Samar Part A Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot B.3 Construction Health And Safety Requirements And Environmental Monitoring 1.00 Lot B.4 Project Sign Board 1.00 Each Part B Eartworks 100(1) Clearing & Grubbing (with Stripping) 1,040.00 Sq.m. 100(2)b Individual Removal Of Trees (small B, 301-500mm (2) 6.00 Ea. 102(1) Roadway Excavation (unsuitable) 144.77 Cu.m 104 (1) B Embankment (from Borrow) 41.11 Cu.m. 105 (2) Subgrade Preparation 780.00 Sq.m. Part D Surface Course 300 (2) Crushed Aggregate Surface Course 78.00 Cu.m. Completion Of The Works Is Required 30 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 April 25, 2024 -may 13, 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 P5,000.00. 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. 5.the Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On May 3, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. 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 May 14, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), 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 0. 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 May 14, 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- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit 1.) Opening Of Access Road Of Battalion Camp, Brgy. Siljagon, Mapanas Northern Samar Part 1 Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot B.3 Construction Health And Safety Requirements And Environmental Monitoring 1.00 Lot B.4 Project Sign Board 1.00 Each Part B Eartworks 100(1) Clearing & Grubbing (with Stripping) 1,040 Sq.m. 100(2)b Individual Removal Of Trees (small B, 301-500mm (2) 6.00 E.a 102(2)b Roadway Excavation (unsuitable) 144.77 Cu.m. 104(1)a Embankment (from Borrow) 41.11 Cu.m. 105(2) Subgrade Preparation 780.00 M3 Part D Surface Course 300(2) Crushed Aggregate Surface Course 78.00 Cu.m Completion Of The Works Is Required 30 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 April 25, 2024 -may 13, 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 P5,000.00. 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 May 3, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. 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 May 14, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), 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 0. 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 18 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 21 14. Alternative Bids 22 15. Bid Prices 22 16. Bid Currencies 23 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 27 21. Deadline For Submission Of Bids 27 22. Late Bids 27 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 29 25. Process To Be Confidential 29 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 32 32. Performance Security 33 33. Notice To Proceed 34 General Scope Of Bid 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. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 0. 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. Corrupt, Fraudulent, Collusive, And Coercive Practices 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. 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). 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 0. Conflict Of Interest 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. 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: (h)if The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (i)if The Bidder Is A Partnership, To All Its Officers And Members; (j)if The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (k)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. Eligible Bidders Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (l)duly Licensed Filipino Citizens/sole Proprietorships; (m)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; (n)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; (o)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 (p)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. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 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. (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 (aa)(iii). 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. Bidder’s Responsibilities 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 (bb)(iii). The Bidder Is Responsible For The Following: (q)having Taken Steps To Carefully Examine All Of The Bidding Documents; (r)having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (s)having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (t)having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 0. (u)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; (v)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; (w)authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (x)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; (y)complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (z)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. 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. 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. 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. 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. 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. 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. 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. Subcontracts 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. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 0 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. 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. Contents Of Bidding Documents Pre-bid Conference (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. 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. 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. Clarification And Amendment Of Bidding Documents 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. 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. 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 0. Preparation Of Bids 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. Documents Comprising The Bid: Eligibility And Technical Components Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (aa)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 0; 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. (ab)technical Documents – (i)bid Security As Prescribed In Itb Clause 0. 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. Documents Comprising The Bid: Financial Component Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (ac)financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (ad)any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. (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. Alternative Bids 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. 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. 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. Bid Prices The Contract Shall Be For The Whole Works, As Described In Itb Clause 0, Based On The Priced Bill Of Quantities Submitted By The Bidder. 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. 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. 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 0. 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. Bid Currencies 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. If So Allowed In Accordance With Itb Clause 0, 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. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. Bid Validity 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. 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 0 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. Bid Security 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. 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. 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 0. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 0, And The Posting Of The Performance Security, Pursuant To Itb Clause 0, 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 0. The Bid Security May Be Forfeited: (ae)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 (oo); (iii)fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 0; (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. (af)if The Successful Bidder: (i)fails To Sign The Contract In Accordance With Itb Clause 0; (ii)fails To Furnish Performance Security In Accordance With Itb Clause 0. Format And Signing Of Bids 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 0 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 0, And The Second Shall Contain The Financial Component Of The Bid. Forms As Mentioned In Itb Clause 0 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. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 0 And 0. 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. 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. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. Sealing And Marking Of Bids Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 0, 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”. 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. 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. All Envelopes Shall: (ag)contain The Name Of The Contract To Be Bid In Capital Letters; (ah)bear The Name And Address Of The Bidder In Capital Letters; (ai)be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 0; (aj)bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (ak)bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 0. 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. Submission And Opening Of Bids 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. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 0, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. Modification And Withdrawal Of Bids 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. 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. Bids Requested To Be Withdrawn In Accordance With Itb Clause 0 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. 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 0, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. Opening And Preliminary Examination Of Bids 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 0. 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”. 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 (dd), 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. 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. 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 (aa), Items (i) To (vi). In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 0, The Class “a” Documents Enumerated In Itb Clause (aa) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses (aa)(i) And (aa)(ii). Submission Of Documents Required Under Itb Clauses (aa)(iii) To (aa)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 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. Evaluation And Comparison Of Bids Process To Be Confidential 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. 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. 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 Detailed Evaluation And Comparison Of Bids 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. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (al)the Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (am)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. 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: (an)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 (ao)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. 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. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 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. Post Qualification 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, 0, And 0. 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: (ap)tax Clearance Per Executive Order 398, Series Of 2005; (aq)latest Income And Business Tax Returns In The Form Specified In The Bds; (ar)certificate Of Philgeps Registration; And (as)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. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 0 And 0, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 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 0. 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. 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. Reservation Clause 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. 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: (at)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; (au)if The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (av)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. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (aw)no Bids Are Received; (ax)all Prospective Bidders Are Declared Ineligible; (ay)all Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (az)the Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. Award Of Contract Contract Award Subject To Itb Clause 0, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 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. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (ba)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 (aa)(iv); (bb)posting Of The Performance Security In Accordance With Itb Clause 0; (bc)signing Of The Contract As Provided In Itb Clause 0; And (bd)approval By Higher Authority, If Required. Signing Of The Contract 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. 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. 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. The Following Documents Shall Form Part Of The Contract: (be)contract Agreement; (bf)bidding Documents; (bg)winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (bh)performance Security; (bi)credit Line In Accordance With Itb Clause 0, If Applicable; (bj)notice Of Award Of Contract; And (bk)other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Performance Security 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. 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: 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 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. Notice To Proceed 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. 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 0 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Opening Of Access Road Of Battalion Camp, Brgy. Siljagon, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2024-04-038 0 The Funding Source Is: 20% Economic Development Fund (edf) Of Lgu-mapanas The Name Of The Project Is: Opening Of Access Road To Battalion Camp, Brgy. Siljagon Mapanas, Northern Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 0 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 0. 0 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. 0 “subcontracting Is Not Allowed.” 0 “not Applicable”. 0 The Procuring Entity Will Hold A Pre-bid Conference For This Project O May 03, 2024 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 0 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 0 No Further Instructions. 0 Not Applicable (aa)(i) “no Other Acceptable Proof Of Registration Is Recognized.” (aa)(iv) No Further Instructions. 0 “no Additional Requirements” (dd) The Abc Is Php495,031.48 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 0 “no Further Instructions.” 0 No Further Instruction. 0 The Bid Prices Shall Be Quoted In Philippine Pesos. 0 Bids Will Be Valid Until 120 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 0 The Bid Security Shall Be In The Following Amount: 1.the Amount Of P9,900.63 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2.the Amount Of P24,751.57 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. 0 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 0 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 0 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On May 14, 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 May 14, 2024 At Exactly 10:00 A.m. 24.2 No Further Instructions. (oo) Bid Modification Is Not Allowed. 0 No Further Instructions. (qq) 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. (ss) 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 Requirement Are Not Applicable (kkk) 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 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 45 9. Liquidated Damages 46 10. Site Investigation Reports 46 11. The Procuring Entity, Licenses And Permits 46 12. Contractor’s Risk And Warranty Security 46 13. Liability Of The Contractor 48 14. Procuring Entity’s Risk 48 15. Insurance 49 16. Termination For Default Of Contractor 50 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 51 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 55 21. Resolution Of Disputes 55 22. Suspension Of Loan, Credit, Grant, Or Appropriation 56 23. Procuring Entity’s Representative’s Decisions 56 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 56 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 57 26. Extension Of The Intended Completion Date 57 27. Right To Vary 57 28. Contractors Right To Claim 57 29. Dayworks 58 30. Early Warning 58 31. Program Of Work 58 32. Management Conferences 59 33. Bill Of Quantities 59 34. Instructions, Inspections And Audits 59 35. Identifying Defects 60 36. Cost Of Repairs 60 37. Correction Of Defects 60 38. Uncorrected Defects 60 39. Advance Payment 60 40. Progress Payments 61 41. Payment Certificates 61 42. Retention 62 43. Variation Orders 62 44. Contract Completion 64 45. Suspension Of Work 64 46. Payment On Termination 65 47. Extension Of Contract Time 65 48. Price Adjustment 66 49. Completion 66 50. Taking Over 67 51. Operating And Maintenance Manuals 67 1.definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 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 0. 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. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 0. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 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. 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. 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. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. Days Are Calendar Days; Months Are Calendar Months. 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. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 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. 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. 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. 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. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 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. 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. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 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. 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. 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. 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. 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. 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. 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. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 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. Interpretation 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. 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). Governing Language And Law 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. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 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. Possession Of Site 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. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 0, 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 0. 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. 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. The Contractor’s Obligations 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. 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. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 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. 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. 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. 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. 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. 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. Performance Security 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 0. 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. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 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. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 0 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. 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. 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. Subcontracting Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 0. 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. 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. Liquidated Damages 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. 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 0. 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. 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. Contractor’s Risk And Warranty Security 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. 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. 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. 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: (d)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; (e)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; (f)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; (g)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. (h)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. 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. 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 (i)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%) (j)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%) (k)surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 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. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 0, 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. 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. Procuring Entity’s Risk From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (l)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. (m)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. Insurance The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (n)contractor’s All Risk Insurance; (o)transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (p)personal Injury Or Death Of Contractor’s Employees; And (q)comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 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. 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. 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. 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 0 Until The Contractor Complies With This Clause. 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: (r)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. Termination For Default Of Contractor The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 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; 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 The Contractor: (s)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; (t)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; (u)does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (v)neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (w)sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 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. 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: (x)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 (y)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. Termination For Other Causes 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. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (z)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; (aa)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; (ab)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; (ac)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; (ad)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; (ae)the Contractor Does Not Maintain A Security, Which Is Required; (af)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 0; And (ag)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. 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. 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 0, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 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. Procedures For Termination Of Contracts The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (ah)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; (ai)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; (aj)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; (ak)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; (al)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 (am)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. 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: (an)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”); (ao)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. (ap)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. (aq)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. (ar)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. Force Majeure, Release From Performance 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. 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. 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. 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: (as)any Sum To Which The Contractor Is Entitled Under Gcc Clause 0; (at)the Cost Of His Suspension And Demobilization; (au)any Sum To Which The Procuring Entity Is Entitled. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. Resolution Of Disputes 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. 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. 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. 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: (av)the Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (aw)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 0. Procuring Entity’s Representative’s Decisions 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. 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. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 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. The Contractor Shall Be Responsible For Design Of Temporary Works. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. Acceleration And Delays Ordered By The Procuring Entity’s Representative 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. 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. Extension Of The Intended Completion Date 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. 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. Right To Vary 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. Variations Shall Be Valued As Follows: (ax)at A Lump Sum Price Agreed Between The Parties; (ay)where Appropriate, At Rates In This Contract; (az)in The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (ba)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. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 0, 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. Dayworks Subject To Gcc Clause 0 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. 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. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. Early Warning 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. 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. Program Of Work 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. 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. 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. 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. 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. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. Management Conferences 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. 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. Bill Of Quantities The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 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. 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. 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. Instructions, Inspections And Audits 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. 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. 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. 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. 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. Correction Of Defects 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. 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. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 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. Uncorrected Defects 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. 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. 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. 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. 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. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 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 0. Progress Payments 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. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (bb)cumulative Value Of The Work Previously Certified And Paid For. (bc)portion Of The Advance Payment To Be Recouped For The Month. (bd)retention Money In Accordance With The Condition Of Contract. (be)amount To Cover Third Party Liabilities. (bf)amount To Cover Uncorrected Discovered Defects In The Works. 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. 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. 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. Payment Certificates 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. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. The Value Of Work Executed Shall: (bg)be Determined By The Procuring Entity’s Representative; (bh)comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (bi)include The Valuations Of Approved Variations. 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. Retention 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 0. 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. 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. 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. Variation Orders 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. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 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. 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%). 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: (bj)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. (bk)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. (bl)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. (bm)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. (bn)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. 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. Suspension Of Work 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. 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: (bo)there Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (bp)requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (bq)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. (br)there Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (bs)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. 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. Payment On Termination 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. 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. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. If The Contractor Has Terminated The Contract Under Gcc Clauses 0 Or 0, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. Extension Of Contract Time 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. 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. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 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. 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. 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. 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. 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. Operating And Maintenance Manuals If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 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 0 The Intended Completion Date Is 30 Cd From Ntp. 0 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 0 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 0 The Site Is Located At Mapanas, Northern Samar. 0 The Start Date Is: Upon Receipt Of Notice To Proceed. 0 The Works Consist Of: Item No. Scope Of Work Quantity Unit 1.) Opening Of Access Road Of Battalion Camp, Brgy. Siljagon, Mapanas Northern Samar Part 1 Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot B.3 Construction Health And Safely Requirements And Environment 1.00 Lot B.4 Project Sign Board 1.00 Lot Part B Earthworks 100(1) Clearing & Grubbing (with Stripping) 1,040.00 Sq.m. 100(2)b Individual Removal Of Trees (small B, 301-500mm Ꝋ) 6.00 Ea. 102(2)b Roadway Excavation (unsuitable) 144.77 Cu.m. 104(1)a Embankment (from Borrow) 41.11 Cu.m 105(2) Subgrade Preparation 780.00 Sq.m Part D Surface Course 300(2) Crushed Aggregate Surface Course 78.00 Cu.m 0 Note: The Items To Follow 0 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 0 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Project Engineer 1 Materials Engineer 2 Construction Foreman 1 Skilled Workers 2 Unskilled Workers 4 (c) “no Further Instructions”. 0 No Further Instructions. 0 No Further Instructions. 0 The Site Investigation Reports Are: None 0 No Further Instructions. 0 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. 0 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 0 The Arbiter Is: Construction Industry Arbitration Commission 0 No Day Works Are Applicable To The Contract. 0 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 30 Days Of Delivery Of The Letter Of Acceptance. 0 The Period Between Program Of Work Updates Is 60 Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 0 The Funding Source Is Coming From Nia 0 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 0 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 0 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 30 Days Upon Completion Of The Subproject. 0 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: Opening Of Access Road Of Battalion Camp Location : Brgy. Siljagon, Mapanas, Northern Samar Item No. Description Qty. Unit. A. Labor A.construction Foreman 1 Hours B.laborer 2 Hours B. Equipment A.dump Truck (10 Cu.m.) 2 Unit B.payloader (1.50 Cu.m.) 1 Unit C.bulldozer (155 Hp), 1 Unit A. Labor A.construction Foreman 1 Hours B.skilled Laborer 1 Hours C.laborer 2 Hours B. Equipment A.backhoe (0.80 Cu.m.) 1 Hours B.dump Truck (10 Cu.m.) 1 Hours C.chain Saw 1 Hours F. Materials A.rope, 1” Dia 20.00 M A. Labor A.construction Foreman 1 Hours B.laborer 3 Hours C.payloader (1.50 Cu.m.) At Disposal Site 1 Hours Minor Tools (10% Of Labor Disposal Area (within Three (3) Km.) A. Labor A.construction Foreman 1 Hours B.laborer 2 Hours B. Equipment A.motorizaed Road Grader, G710a 1 Hours B. Vibratory Roller (10 M.t.), Sp56 1 Hours C.water Truck (1000 Gal) 1 Hours F. Materials A.common Borrow (25% Shrinkage Factor) 1.25 Cu.m A. Labor A.construction Foreman 1 Hours B.laborer 2 Hours B. Equipment A.motorized Road Grader, G7 10a 1 Hours B.vibratory Roller (10 M.t.), Sp56 1 Hours C.water Truck (1000 Gal.), All Make 1 Hours F. Materials A.crushed Aggregate Surface Course 1.15 Cu.m. (w/ 15% Shrinkage Factor) A. Labor B. Equipment A.dumptruck (12 Cu.yd.) 1 16 Hrs. B.payloader (1.5 Cu.m.), Lx80-2c) 1 16hrs. C.bulldozer,d6h Series Ii Psds/dd 1 32 Hrs. D.backhoe W/ Breaker (0.80 Cu.m.) 1 16hrs. F. E. Materials Cement 1.00 Bag Sand 0.01 Cu.m. Gravel 0.02 Cu.m. Coco Lumber 77.33 Bd.ft. Marine Plywood (1/4”x4’x8’) 2.00 Pc. Tarpaulin 64.00 Sq.ft. Miscellaneous 5% Of The Above Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Opening Of Access Road Of Battalion Camp, Brgy. Siljagon, Mapanas Northern Samar Part 1 - Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot 3,928.82 3,928.82 B.3 Construction Health And Safety Requirements And Environmental Monitoring 1.00 Lot 0.00 0.00 B.4 Project Sign Board 1.00 Each 14,024.82 14,024.97 Part B Earthworks 100(1) Clearing & Grubbing (with Stripping) 1,040 Sq.m 25.54 26,557.04 100(2)b Individual Removal Of Trees (small B, 301-500mm0) 6.00 Ea. 3,547.73 21,286.41 102(1) Roadway Excavation (unsuitable) 144.77 Cu.m. 490.65 71,030.86 104(1)b Embankment (from Borrow) 41.11 Cu.m. 946.77 38,921.78 105(2) Subgrade Preparation 780.00 Sq.m. 21.11 16,468 Part D Surface Course 300(2) Crushed Aggregate Surface Course 78.00 Cu.m. 3,882.22 302,813.39 Total 495,031.48 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 77 Form Of Contract Agreement 79 Omnibus Sworn Statement 81 Bid Form Date: Iaeb[ If Adb, Jica And Wb Funded Projects, Use Ifb.] 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 Opening Of Access Road Of Battalion Camp, Barangay Siljagon, Mapanas, Northern 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.

Details: Description Section Ii. Instructions To Bidders 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 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) (v) “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; “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 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) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors, And Controlling Shareholders Or Members; And (de 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 Owned Or Controlled Corporations (goccs) 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 Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To The Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index. However, Contractors Under Small A And Small B Categories, Without Similar Experience On The Contract To Be Bid May Be Allowed To Bid If The Cost Of Such Contract Is Not More Than Fifty Percent (50%) Of The Allowable Range Of Contract Cost (arcc) Of Their Registration Based On The Guidelines As Prescribed By The Pcab. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc), Which Must Be At Least Equal To The Abc To Be Bid, As Calculated As Follows: 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 = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filing And Payment System (efps). 6. Bidders 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; And (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, 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. (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 To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract And/or To Represent The Bidder In The Bidding, Accompanied By The Duly Notarized Special Power Of Authority (spa) And The Duly Notarized Secretary’s Certificate, Board/ Partnership Resolution Whichever Is Applicable 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 Ra 9184 In Relation To Other Provisions Of Republic Act 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, If Applicable Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 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. 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 And 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. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 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. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 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 Unless Otherwise Indicated In The Bds, 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 The Bidding Documents 9. Pre-bid Conference 9.1 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. 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 Discussed During The Pre-bid Conference. 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. 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 11.1 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) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) (ii.2) (ii.3) (ii.4) (ii.5) (ii.6) (ii.7) (ii.8) (ii.9) (ii.10) (ii.11) (ii.12) (ii.13) Name Of The Contract; Date Of The 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; Total Contract Value At Completion, If Applicable; Percentages Of Planned And Actual Accomplishments, If Applicable; Value Of Outstanding Works, If Applicable; The Statement Of The Bidder's Slcc Shall Be Supported By The Notices Of Award And/or Notices To Proceed, Project Owner's Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Contractors 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 Issued By The Owners; And Unless Otherwise Provided In The Bds, A Valid Special Pcab. License In Case Of Joint Ventures, And Registration For The Type And Cost Of The Contract For The Project; And (iii) Nfcc Computation In Accordance With Itb Clause 5.5; And Class "b" Document: (iv) If Applicable, Valid Joint Venture Agreement (jva) In Accordance With Ra 4566 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 In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check Issued By A Universal Or Commercial Bank, Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank And If Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.3) A Surety Bond Accompanied By A Certification Coming From The Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (i.4) Bid Securing Declaration (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. These Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds, And (ii.3) 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, Which Must Meet The Minimum Requirements For The Contract Set In The Bds, And (iii) Sworn Statement In Accordance With Section 25.3 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 Which Includes Bid Prices And The Bill Of Quantities, In Accordance With Itb Clause 15.1 And 15.3; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2 Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted 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) Or A Dash (-) 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 Unless Otherwise Provided In The Bds, 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 Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 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 Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The 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 Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To 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 Instrument. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 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) (iv) Has A Finding Against The Veracity Of The Required Documents Submitted In Accordance With Itb Clause 28.2. Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; Or (v) Any Other Reason Stated In The Bds. (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; Or (iii) Any Other Reason Stated In The Bds. 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 And Submit 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 Machine Copies, The Original Shall Prevail 19.4 Each And Every Page Of The Bid Form, Including The Bill Of Quantities, Under Section Ix Hereof, Shall Be Signed By The Duly Authorized Representative Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 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 Unless Otherwise Indicated In The Bds, 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 20.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; 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 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. 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. The Letter Of Withdrawal Must Be Executed By The Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 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 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website And The Website Of The Procuring Entity Concerned, If Available. 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” 24.3 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 13,2, 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. 24.4 24.5 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. All Members Of The Bac Who Are Present During Bid Opening Shall Initial Every Page Of The Original Copies Of All Bids Received And Opened. 24.6 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). 24.7 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. 24.8 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 24.9 24.10 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. The Bidders Or Their Duly Authorized Representatives May Attend The Opening Of Bids. The Bac Shall Ensure The Integrity, Security, And Confidentiality Of All Submitted Bids. The Abstract Of Bids As Read And The Minutes Of The Bid Opening Shall Be Made Available To The Public Upon Written Request And Payment Of A Specified Fee To Recover Cost Of Materials. 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 Otherwise Allowed In The Bds Or In 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. Unless Otherwise Specified In The Bds, 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) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. 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. 27.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form, Which Includes The Bill Of Quantities. 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 Five (5) 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) Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And, (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184 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. Which Shall Be Completed Within A Period Of Twelve (12) Calendar Days. 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 28.7 Within A Period Not Exceeding Fifteen (15) 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 Event Of Disapproval, Which Shall Be Based On Valid, Reasonable, And Justifiable Grounds As Provided For Under Section 41 Of The Irr Of Ra 9184, The Hope Shall Notify The Bac And The Bidder In Writing Of Such Decision And Grounds For It. When Applicable, The Bac Shall Conduct A Post-qualification Of The Bidder With The Next Lowest Calculated Bid. A Request For Reconsideration May Be Filed By The Bidder With The Hope In Accordance With Section 37.1.3 Of The Irr Of Ra 9184. 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 In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 30. Contract Award 301. 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 Ten (10) Calendar Days From Receipt Of The Notice Of Award. (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, As Provided In Section 37.3 Of The Irr Of Ra 9184. 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) Notice Of Award Of Contract; And (f) 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 Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Not Less Than The Percentage Of The Total Contract Price In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (not Less Than The 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) Performance Securing Declaration (psd) None 32.2 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. 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 Seven (7) 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 Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful 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 Five (5) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. The Name Of The Contract Is: Construction Of One – Unit One – Classroom Building Of Botong Elementary School, Brgy. Botong, Badiangan, Iloilo. Project Identification No. 2024-039-b. 2.0 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo In The Amount Of P 1,615,000.00 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Prospective Bidder Must Have An Experience Of Having Completed At Least One (1) Contract That Is Similar To The Contract To Be Bid, And Whose Value, Adjusted To Current Prices Using The Psa Consumer Price Indices, Must Be At Least Fifty Percent (50%) Of The Abc To Be Bid. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 No Further Instructions. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mr. Humbert S. Recomono Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09198501252 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b)(ii.2) The Minimum Key Personnel Requirements For The Project Are: Foreman Skilled Laborer Unskilled Laborer Itb Clause 12.1(b)(ii3) Following Is The Minimum Major Equipment Requirements, Which Are Owned, Leased And/or Under Purchase Agreement Which Are To Be Exclusively Used For The Project: Plate Compactor Bar Cutter Electric Drill Steel Cutter Bagger Mixer Welding Machine Tile Cutter Bar Bender Sanding Machine Multitester 13.1 (a) Financial Bid Shall Be Accompanied With Detailed Estimates Or Unit Cost Analysis. Otherwise It Will Be Considered Incomplete Bid. 13.1(b) This Shall Include All Of The Following Documents: 1.) Bid Prices In The Bill Of Quantities; 2.) 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; And 3.) Cash Flow By Month Or Payment Schedule 13.2 The Abc Of This Project Is Php. 1,615,000.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 No Further Instructions. 15.2 All Unit Cost In The Bill Of Quantities Shall Be Filled Up In Words And In Figures. Otherwise It Will Be Considered Incomplete Bid. 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. P (5% Of Abc), If Bid Security Is In Surety Bond; 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. 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. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. 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. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. 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. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. 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. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: September 20, 2024; 9:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: September 20, 2024; 10:00 A.m. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(b) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 31.4(g) The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: 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 Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Not Less Than The Percentage Of The Total Contract Price In Accordance With The Schedule In Itb Clause 32.2. 33.2 The Effective Date Of The Contract Is Five (5) Calendar Days After Bidders Receipt Of The Notice To Proceed. Section Iv. General Conditions Of Contract 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 Project 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. 2.0 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 Obligation 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 Unless Otherwise Specified In The Scc, 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 Extension. 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 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 At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. 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 40.1. 10. Site Investigations Report(s) 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 Project 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 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 Amount Of Warranty Security Not Less Than The Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By A 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 A Universal Or Commercial Bank: Provided, However, That The Bank Guarantee 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 As Authorized To Issue Such Security. Thirty Percent (30%) 12.7 The Warranty Security Shall Be Denominated In Philippine Pesos And Shall Remain Effective For One (1) 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 17.1 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 And Coercive Practices As Defined In Itb Clause 3.1(a); (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 Implementing Unit 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 Implementing Unit, 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 To 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 Constructor 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-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 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 Scc 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’s. 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 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. Unless Specified In The Scc, 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. 27.1 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. Contractors 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 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. 29.2 All Work To Be Paid For As Dayworks 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 Dayworks 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; And If Allowed, Any Compensation Event. 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 Conference 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 Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 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 Therefrom 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. Unless Otherwise Indicated In The Scc, 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 Scc Clause 42.2. 42.2 Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, 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 Implementing Official 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 Implementing Official 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 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 Unless Otherwise Specified In The Scc. 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. Section V – Special Conditions Of Contract Scc Clause 1.17 The Contract Duration For This Project Is One Hundred Fifty (150) Calendar Days. The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.22 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. 1.23 The Procuring Entity’s Representative Is Engineer Rosilia A. Villa, Municipal Engineer. 1.24 The Site Of The Project Is At Botong Elementary School, Brgy. Botong, Badiangan, Iloilo. 1.28 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.31 The Works Includes Permits And Clearances, Project Signboard / Billboard, Siteworks, Structural Concrete, Reinforcing Steel, Formworks & Falseworks, Masonry Works, Plastering Works, Roof And Framing Works, Doors And Windows Installation, Steel Works, Ceiling Works, Floor Finishes, Painting Works, Blackboard, Septic Vault, Plumbing Works, Electrical Works. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contract. 6.5 The Contractor Shall Employ The Following Minimum Key Personnel: Foreman Skilled Laborer Unskilled Laborer 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 None 10 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 12.5 Five (5) Years. 13 No Additional Provisions. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 Day Works Are Applicable At The Rate Shown In The Contractor’s Original Bid. Scc Clause 34.3 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo. 37.1 No Further Instructions. 39.1 The Amount Of Advance Payment Shall Be Equivalent To Fifteen Percent (15%) Of The Total Contract Price. 40.1 No Further Instructions. 40.3 No Further Instructions. 42.2 No Further Instructions. 43 For Variation Orders, The Contractor Shall Be Paid For Additional Work Items Whose Unit Prices Shall Be Derived Based On The Following: A) For Additional/extra Works Duly Covered By Change Orders Involving Work Items Which Are Exactly The Same Or Similar To Those In The Original Contract, The Applicable Unit Prices Of Work Items Original Contract Shall Be Used. B) For Additional/extra Works Duly Covered By Extra Work Orders Involving New Work Items That Are Not In The Original Contract, The Unit Prices Of The New Work Items Shall Be Based On The Direct Unit Costs Used In The Original Contract (e.g, Unit Cost Of Cement, Rebars, Form Lumber, Labor Rate, Equipment Rental, Etc.). All New Components Of The New Work Item Shall Be Fixed Prices, Provided The Same Is Acceptable To Both The Government And The Contractor, And Provided Further That The Direct Unit Costs Of New Components Shall Be Based On The Contractor’s Estimate As Validated By The Procuring Entity Concerned Via Documented Canvass In Accordance With Existing Rules And Regulations. The Direct Cost Of The New Work Item Shall Then Be Combined With The Mark-up Factor (i.e., Taxes And Profit) Used By The Contractor In His Bid To Determine The Unit Price Of The New Work Item. 48 No Further Instructions. 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 Twenty Five Thousand Pesos (p 25,000.00). Section Vi – Specifications Please Refer To The Attached Plans And Specifications Included As Part Of The Bidding Documents. Section Vii – Drawings Insert Here A List Of Drawings. The Actual Drawings, Including Sites Plans, Should Be Attached To This Section Or Annexed In A Separate Folder. Plans For Project Identification No. 2024 – 039 – B Are Attached. Please See On This Folder Plan For Project Identification No. 2024 – 039 - B Section Viii – Bill Of Quantities Project Identification No. 2024 – 039 – B Construction Of One – Unit One – Classroom Building Of Botong Elementary School, Brgy. Botong, Badiangan, Iloilo. Name Of Bidder ______________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Description Quantity Unit Unit Cost Total Cost B.3 Permits And Clearances A. Zoning Fee B. Fire Code Taxes/ Fees 1 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P B.5 Project Signboard /billboard 2 Each Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Each P …………………………..…….. Total P I. Site Works A. Clearing And Grubbing B. Soil Poisoning C. Lay Out And Staking D. Earthworks D.1. Excavation D.2. Embankment From Structure Excavation D.3. Gravel Bedding 1 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P Ii. Concrete Works 27.06 M³ Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / M³ P …………………………..…….. Total P Iii. Reinforcing Steel 3,290.47 Kgs. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Kgs. P …………………………..…….. Total P Iv. Formworks And Falseworks 164.01 M² Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / M² P …………………………..…….. Total P V. Masonry Works 105.01 M² Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / M² P …………………………..…….. Total P Vi. Roof And Roof Framing Works 1 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P Vii. Architectural Works 1 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P Viii. Plumbing Works 1 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P Ix. Septic Vault 1 Unit Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Unit P …………………………..…….. Total P X. Electrical Works 1 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P Total Bid Cost In Figures P …………………………..…….. Total Bid Cost In Words …………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ____________________________ Date Summary Of Costs Project Identification No. 2024 – 039 - B Construction Of One – Unit One - Classroom Building Of Botong Elementary School, Brgy. Botong, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Permits And Clearances A. Zoning Fee B. Fire Code Taxes/ Fees P Ii) Project Signboard/ Billboard P Iii) Site Works A. Clearing And Grubbing B. Soil Poisoning C. Lay Out And Staking D. Earthworks D.1. Excavation D.2. Embankment From Structure Excavation D.3. Gravel Bedding P Iv) Concrete Works P V) Reinforcing Steel P Vi) Formworks And Falseworks P Vii) Masonry Works P Viii) Roof And Roof Framing Works P Ix) Architectural Works P X) Plumbing Works P Xi) Septic Vault P Xii) Electrical Works P Total Bid Amount P Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ___________________________ Date Section Ix - Forms Bid Form (project Identification No. 2024 – 039 - B) _________________ Date To: [name And Address Of Procuring Entity] Sir/ Madam: We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Construction Of One – Unit One – Classroom Building Of Botong Elementary School, Brgy. Botong, Badiangan, Iloilo. (name Of Project) 1. We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein, Accompanying This Bid. The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (d) Below Is: _______________( Amount In Words And Figures)________________________________. The Discounts Offered And The Methodology For Their Application For This Contract Are: None The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: (specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein And Reflected In The Detailed Estimates, 2. 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; 3. If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit Within Ten (10) Days After Our Receipt Of The Said Notice To Submit The Required Performance Security In The Form Of _______________, Which Is Equivalent To _______percent Of The Contract Price For The Due Performance Of The Contract And Other Documents Prescribed In The Bidding Documents And To Sign The Contract Agreement. 4. 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; 5. Our Firm, Its Facilities Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Local Government Of Badiangan, Iloilo; 6. We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And 7. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. 8. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents 9. We Likewise Certify/ Confirm That The Undersigned, [ For Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuring Contract. On The Latter's Behalf For The [name Of Project] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuring Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity] 10. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices And Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signature: Duly Authorized To Sign The Bid In Behalf Of: Date : Omnibus Sworn Statement Republic Of The Philippines ) Iloilo City ) 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, 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: 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]. 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 ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name & Address (d) Nature Of Work, (e) Contractor’s Role, (f) Total Contract Value, (g) Percentages Of Planned And Actual Accomplishments, And (h) Value Of Outstanding Works. The Statement Shall Be Supported By A Notice Of Award Or Notice To Proceed Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Government And Private Contracts Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name And Address (d) Nature Of Work, E) Contractor’s Role, And (f) Total Contract Value At Completion. The Statement Shall Be Supported By The Certificates Of Completion And Acceptance Issued By The Owner; Or Constructors Performance Evaluation System (cpes) Rating Sheets & Notice To Proceed Issued By The Owner. (latest) Financial Documents 4 The Prospective Bidder's Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or, In Lieu Thereof, A 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. (latest) Technical Documents 1 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. 2 Organizational Chart For The Project 3 4 List Of Contractor’s Personnel (ex., Project Manager, Project Engineers, Materials Engineers, And Foremen, To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Data 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 During The Duration Of The Project. 5 Authority Of The Signatory 6 7 8 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Affidavit Of Site Inspection. Duly Signed Construction Safety And Health Program. Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Second Envelope Financial Documents 1 Duly Signed Form Of Bid 2 3 4 Duly Signed Bid Prices In The Bill Of Quantities Duly Signed Detailed Estimates Duly Signed Cash Flow By Month And Payment Schedule

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Concreting Of Municipal Wharf Phase Iii Barangay Del Norte, Mapanas Northern Samar Contract Reference No. 2024-06-50 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 8 Section Iii. Bid Data Sheet 37 Section Iv. General Conditions Of Contract 40 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 77 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 80 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 Municipal Wharf Phase Iii Brgy. Del Norte, Mapanas, N. Samar The Lgu- Mapanas, Northern Samar, Through The Gaa 2022-department Of Finance (dof) Of Fy 2024 Intends To Apply The Sum Of Twenty Four Million Six Hundred Twenty Five Thousand Pesos Only (p24,625,000.00). 0) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Municipal Wharf Phase Iii ,brgy. Del Norte, 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 1.) Construction Of Municipal Wharf Phase Iii Brgy. Del Norte, Mapanas, Northern Samar Part B Other General Requirements B.5 Project Billboard/signboard 2.00 Each B.7(2) Occupational Safety And Health Program 1.00 L.s B.9 Mobilization /demobilization 1.00 Is Part C Eartworks 101 (1) Aggregate Subbase Course 53.30 Cu..m 508(1) Handlaid Rock Embankment 3,363.26 Sq.m Part D Sub Base And Base Course 200(1) Aggregate Subbase Course 55.30 Cu.m Part F Bridge Construction 902 Reinforcing Steel (deformed), Grade 40 12156.91 Kg 900(1) C1 Structural Concrete Class A, 28 Days 195.84 Cu.m 1717(2)a1 Sheet Piles (slope Protection) 1,740.00 Ln.m Completion Of The Works Is Required 180 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 June 11, 2024 -july 01, 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 P25,000.00. 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. 5.the Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On June 21, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. 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 July 02, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), 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 July 02, 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- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit 1.) Construction Of Municipal Wharf Phase 3, Brgy. Del Norte, Mapanas, Northern Samar B.5 Standard Project Billboard 2.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.9 Mobilization /demobilization 1.00 L.s Part C Earthworks 102(2)b Surplus Common Excavation 2,453.35 Cu.m 105(1) Subgrade Preparation (common Material) 0.00 Sq..m Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,449.22 Cu.m 405(1)a Structure Concrete, 20 66mpa, Class A,7 Days 142.00 Cu.m 405(6) Structural Concrete, Painting Works 0.00 Sq.m. Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 54.00 M Completion Of The Works Is Required 180 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 June 11, 2024 -july 01, 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 P25,000.00. 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 June 21, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. 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 July 02, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), 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 13 1. Scope Of Bid 13 2. Source Of Funds 13 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 13 4. Conflict Of Interest 14 5. Eligible Bidders 16 6. Bidder’s Responsibilities 17 7. Origin Of Goods And Services 19 8. Subcontracts 19 B. Contents Of Bidding Documents 19 9. Pre-bid Conference 19 10. Clarification And Amendment Of Bidding Documents 20 C. Preparation Of Bids 20 11. Language Of Bids 20 12. Documents Comprising The Bid: Eligibility And Technical Components 20 13. Documents Comprising The Bid: Financial Component 22 14. Alternative Bids 23 15. Bid Prices 24 16. Bid Currencies 24 17. Bid Validity 24 18. Bid Security 25 19. Format And Signing Of Bids 27 20. Sealing And Marking Of Bids 27 D. Submission And Opening Of Bids 28 21. Deadline For Submission Of Bids 28 22. Late Bids 28 23. Modification And Withdrawal Of Bids 28 24. Opening And Preliminary Examination Of Bids 29 E. Evaluation And Comparison Of Bids 30 25. Process To Be Confidential 30 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 35 33. Notice To Proceed 36 General Scope Of Bid 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. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 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. Corrupt, Fraudulent, Collusive, And Coercive Practices 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. 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). 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. Conflict Of Interest 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. 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: (h)if The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (i)if The Bidder Is A Partnership, To All Its Officers And Members; (j)if The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (k)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. Eligible Bidders Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (l)duly Licensed Filipino Citizens/sole Proprietorships; (m)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; (n)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; (o)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 (p)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. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 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. (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). 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. Bidder’s Responsibilities 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). The Bidder Is Responsible For The Following: (q)having Taken Steps To Carefully Examine All Of The Bidding Documents; (r)having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (s)having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (t)having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (u)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; (v)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; (w)authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (x)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; (y)complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (z)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. 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. 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. 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. 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. 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. 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. 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. Subcontracts 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. 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. 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. Contents Of Bidding Documents Pre-bid Conference (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. 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. 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. Clarification And Amendment Of Bidding Documents 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. 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. 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. Preparation Of Bids 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. Documents Comprising The Bid: Eligibility And Technical Components Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (aa)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. (ab)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. Documents Comprising The Bid: Financial Component Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (ac)financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (ad)any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. (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. Alternative Bids 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. 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. 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. Bid Prices 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. 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. 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. 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. Bid Currencies 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. 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. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. Bid Validity 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. 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. Bid Security 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. 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. 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. 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. The Bid Security May Be Forfeited: (ae)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. (af)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. Format And Signing Of Bids 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. 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. 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. 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. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. Sealing And Marking Of Bids 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”. 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. 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. All Envelopes Shall: (ag)contain The Name Of The Contract To Be Bid In Capital Letters; (ah)bear The Name And Address Of The Bidder In Capital Letters; (ai)be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (aj)bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (ak)bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 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. Submission And Opening Of Bids 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. 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. Modification And Withdrawal Of Bids 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. 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. 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. 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. Opening And Preliminary Examination Of Bids 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”. 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. 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. 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). 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. 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. 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. Evaluation And Comparison Of Bids Process To Be Confidential 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. 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. 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 Detailed Evaluation And Comparison Of Bids 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. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (al)the Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (am)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. 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: (an)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 (ao)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. 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. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 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. Post Qualification 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. 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: (ap)tax Clearance Per Executive Order 398, Series Of 2005; (aq)latest Income And Business Tax Returns In The Form Specified In The Bds; (ar)certificate Of Philgeps Registration; And (as)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. 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. 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. 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. 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. Reservation Clause 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. 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: (at)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; (au)if The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (av)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. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (aw)no Bids Are Received; (ax)all Prospective Bidders Are Declared Ineligible; (ay)all Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (az)the Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. Award Of Contract Contract Award 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). 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. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (ba)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); (bb)posting Of The Performance Security In Accordance With Itb Clause 32; (bc)signing Of The Contract As Provided In Itb Clause 31; And (bd)approval By Higher Authority, If Required. Signing Of The Contract 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. 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. 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. The Following Documents Shall Form Part Of The Contract: (be)contract Agreement; (bf)bidding Documents; (bg)winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (bh)performance Security; (bi)credit Line In Accordance With Itb Clause 5.5, If Applicable; (bj)notice Of Award Of Contract; And (bk)other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Performance Security 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. 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: 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 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. Notice To Proceed 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. 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 Municipal Wharf Phase 3 The Identification Number Of The Contract Is Pr No-2024-06-050___ 2 The Funding Source Is: 20% Economic Development Fund (edf) The Name Of The Project Is: Construction Of Municipal Wharf Phase 3 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 June 21, 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 Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 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 Php24,625,000.00 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 P492,500,00 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2.the Amount Of P1,231,250.00 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 Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On July 02, 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 July 02, 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 43 2. Interpretation 45 3. Governing Language And Law 45 4. Communications 45 5. Possession Of Site 45 6. The Contractor’s Obligations 46 7. Performance Security 47 8. Subcontracting 48 9. Liquidated Damages 48 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 51 15. Insurance 51 16. Termination For Default Of Contractor 52 17. Termination For Default Of Procuring Entity 53 18. Termination For Other Causes 53 19. Procedures For Termination Of Contracts 55 20. Force Majeure, Release From Performance 57 21. Resolution Of Disputes 58 22. Suspension Of Loan, Credit, Grant, Or Appropriation 58 23. Procuring Entity’s Representative’s Decisions 59 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 59 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 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 68 48. Price Adjustment 69 49. Completion 69 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1.definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 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. 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. 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. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 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. 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. 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. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. Days Are Calendar Days; Months Are Calendar Months. 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. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 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. 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. 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. 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. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 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. 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. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 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. 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. 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. 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. 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. 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. 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. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 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. Interpretation 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. 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). Governing Language And Law 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. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 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. Possession Of Site 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. 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. 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. 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. The Contractor’s Obligations 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. 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. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 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. 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. 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. 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. 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. 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. Performance Security 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. 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. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 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. 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. 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. 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. Subcontracting Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 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. 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. Liquidated Damages 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. 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. 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. 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. Contractor’s Risk And Warranty Security 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. 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. 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. 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: (d)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; (e)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; (f)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; (g)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. (h)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. 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. 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 (i)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%) (j)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%) (k)surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 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. 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. 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. Procuring Entity’s Risk From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (l)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. (m)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. Insurance The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (n)contractor’s All Risk Insurance; (o)transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (p)personal Injury Or Death Of Contractor’s Employees; And (q)comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 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. 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. 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. 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. 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: (r)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. Termination For Default Of Contractor The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 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; 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 The Contractor: (s)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; (t)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; (u)does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (v)neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (w)sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 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. 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: (x)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 (y)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. Termination For Other Causes 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. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (z)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; (aa)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; (ab)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; (ac)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; (ad)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; (ae)the Contractor Does Not Maintain A Security, Which Is Required; (af)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 (ag)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. 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. 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. 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. Procedures For Termination Of Contracts The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (ah)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; (ai)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; (aj)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; (ak)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; (al)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 (am)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. 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: (an)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”); (ao)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. (ap)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. (aq)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. (ar)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. Force Majeure, Release From Performance 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. 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. 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. 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: (as)any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (at)the Cost Of His Suspension And Demobilization; (au)any Sum To Which The Procuring Entity Is Entitled. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. Resolution Of Disputes 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. 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. 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. 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: (av)the Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (aw)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. Procuring Entity’s Representative’s Decisions 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. 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. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 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. The Contractor Shall Be Responsible For Design Of Temporary Works. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. Acceleration And Delays Ordered By The Procuring Entity’s Representative 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. 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. Extension Of The Intended Completion Date 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. 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. Right To Vary 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. Variations Shall Be Valued As Follows: (ax)at A Lump Sum Price Agreed Between The Parties; (ay)where Appropriate, At Rates In This Contract; (az)in The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (ba)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. 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. Dayworks 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. 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. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. Early Warning 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. 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. Program Of Work 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. 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. 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. 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. 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. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. Management Conferences 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. 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. Bill Of Quantities The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 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. 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. 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. Instructions, Inspections And Audits 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. 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. 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. 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. 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. Correction Of Defects 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. 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. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 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. Uncorrected Defects 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. 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. 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. 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. 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. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 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. Progress Payments 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. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (bb)cumulative Value Of The Work Previously Certified And Paid For. (bc)portion Of The Advance Payment To Be Recouped For The Month. (bd)retention Money In Accordance With The Condition Of Contract. (be)amount To Cover Third Party Liabilities. (bf)amount To Cover Uncorrected Discovered Defects In The Works. 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. 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. 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. Payment Certificates 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. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. The Value Of Work Executed Shall: (bg)be Determined By The Procuring Entity’s Representative; (bh)comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (bi)include The Valuations Of Approved Variations. 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. Retention 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. 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. 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. 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. Variation Orders 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. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 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. 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%). 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: (bj)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. (bk)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. (bl)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. (bm)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. (bn)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. 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. Suspension Of Work 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. 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: (bo)there Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (bp)requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (bq)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. (br)there Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (bs)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. 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. Payment On Termination 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. 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. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 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. Extension Of Contract Time 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. 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. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 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. 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. 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. 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. 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. Operating And Maintenance Manuals If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 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 180 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 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 30 Days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 30 Days. 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 30 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 Municipal Wharf Phase 3 Location : Brgy. Del Norte, Mapanas, Northern Samar Item No. Description Qty. Unit. I. Labor A.construction Foreman 1 4 Hrs B.skilled Laborers 1 4 Hrs. C.unskilled Laborer 1 4 Hrs. Minor Tools (10% Of Labor) Materials A.tarpaulin (4’x8) 1 Pc B. Good Lumber 42 Bd.ft C. Plywood Marine, (0.0125m)x1.2mx2.44m 1 Pc D. Assorted Common Nail 0.50 Kg Labor A. First Aider 1 180 Days B.part-time Safety 1 90 Days Name Of Capacity Equipment A.safety Shoes 93.00 Hrs. B.safety Helmet 285.00 Hrs. C.safety/working Gloves 385.00 Hrs. D.safety Vest 385.00 Hrs. D.rain Coats 115.00 Hrs. E.dusty/gas Mask 115.00 Hrs. D.rubber Boots 291.00 Hrs. F.eye Googles 290.00 Hrs. Labor Equipment A.dumptruck (12 Cu. Yd.3) 2 16 Hrs. B.crawler Crane (36-40 Mt.) 1 16 Hrs. C.vibro Hammer (201 Hp) 1 16 Hrs. D.welding Machine 0 (300 A) Gas/diesel Driven 1 16 Hrs. Cutting Outfit 1 16 Hrs. Water Truck/pump (16000l) 1 16 Hrs. Cargo Truck (9-10 Mt) 1 16hrs. Materials Labor A.construction Foreman 1 32.00 B.skilled Laborer 2 32.00 B. Unskilled Laborer 6 32.00 Equipment A.backhoe (0.80 Cu.m.) 1.00 30.00 Hrs. D.dump Truck (12 Cu. Yd.) 1 30.00 Hrs. Materials Labor A.construction Foreman 1.00 1 Hrs. B.unskilled Laborer 2.00 0.05 Hrs. Equipment Motorized Road Grader 1 1.00 Hrs. Vibratory Roller 1 0.05 Hrs. Water Truck/pump 1 0.10 Hrs. Materials Aggregate Base Course Materials 1.000 Cu.m. Labor A.construction Foreman 1 1.00 Hrs. B.mason 2 1.00 Hrs C.unskilled Laborer 4 1.00 Hrs. Equipment Dump Truck (12 Yds) 2.00 1.00 Hrs Backhoe (0.80m2) 1.00 0.25 Hrs Materials Rock Embankment Materials W/ Mixed Sand & Gravel. 1.00 Cu.m. Labor A.construction Foreman 1.00 1.00 Hrs. B.skilled Laborer 2 1.00 Hrs. C.unskilled Laborer 4 1.00hrs. Equipment Bar Cutter, Single Phase 1.00 0.50 Hrs. Bar Bender 1.00 0.50 Hrs. Cargo Truck (8-10 Mt) 1.00 0.15 Hrs. Materials Tire Wire 0.021 Kg. Reinforcing Steel Bar, Grade 40 (with 5% Wastage) 1.05 Kg Labor Construction Foreman 1 1.00 Skilled Laborer 4 1.00 Unskilled Laborer 8 1.00 Installation/removal Of Works Construction Foreman 4 1.00 Unskilled Laborer 8 1.00 Equipment One Bagger Mixer 1 1.00 Concrete Vibrator 1 1.00 Water Truck/pump 2 0.10 Materials Good Lumber 35.00 Bd.ft Marine Plywood (1/2 X4”x8” 0.82 Pc. Assorted Cwn (1 Kg/100 Bd Ft Of Lumber) 0.36 Kg Cement 9.50 Bag Sand 0.5 Cu.m. Gravel 1 Cu.m. Labor Construction Foreman 1 1.00 Hrs. Skilled Laborer 2 1.00 Hrs. Unskilled Laborer 4 1.00 Hrs. Equipment Crawler Crane (36-40 Mt.) 1.00 1.00hrs. Vibro Hammer (201 Hp) 1 1.00 Welding Machine 0 (300 A) Gas/diesel Driven 1 0.25 Cutting Outfit 1 0.25 Materials Steel Sheet Pile (48 Kg/m) 48.00 Kg. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Municipal Wharf Phase 3, Brgy. Del Norte Mapanas, Northern Samar B.5 Project Billboard/signboard 2.00 Each 7,425.10 14,850.21 B.7(2) Occupational Safety And Health Program 1.00 I.s. 242,564.42 242,564.42 B.9 Mobilization/demobilization 1.00 I.s 188,916.00 188,916.00 Part C Earthworks 101(1) Removal Of Structure And Obstruction 1.00 Cu.m. 164,949.00 164,949.00 508(1) Handlaid Rock Embankment 3363.26 Cu.m. 3,466.48 11,658,656.71 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 53.30 Cu.m. 1,811.86 100,188.52 Part F Bridge Construction 902 Reinforcing Steel (deformed) Grade 40 12156.91 Kg. 95.80 1,164,666.85 900(1) C1 Structure Concrete, Class A, 28 Days 195.84 Cu.m. 13,062.96 2,558,303.18 1717(2)a1 Sheet Piles (slope Protection) 1,740.00 Cu.m. 4,903.39 8,531,905.13 Total 24,625,000.00 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 82 Form Of Contract Agreement 84 Omnibus Sworn Statement 86 Bid Form Date: Iaeb[ If Adb, Jica And Wb Funded Projects, Use Ifb.] 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 Municipal Wharf Phase 3, 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.

Details: Description Description Unit Qty Full Mission Bridge Simulator Dnv Class A Lot 1 1.1 Features And Application The Bridge Simulator Should Provide A Realistic, Ship-like Environment Based On Real Hardware Consoles And High-quality Visualization. The Systems Include Major Components Such As Conning, Radar/ Arpa And Ecdis, Gmdss, Navigation Equipment, Bearing Finder, Steering Control Console, Engine Control, Auto Pilot System, Overhead Display, Etc. The Simulator Can Be Utilized To A Variety Of Navigation Techniques Under Different Environmental Conditions, Serving A Wide Range Of Purposes As Follows: 1. Control Of The Ship While Navigating In The Operational And Emergency Modes In Various Weather Conditions With The Possibility Of Setting Wind And Current Parameters; 2. Analysis Of The Above-water Situation In Day And Night Conditions; In Poor Visibility By Visible Navigation Lights And Information Received From Radar/ Arpa; 3. Use Of The Electronic Chart-based Navigational Information System (ecdis); 4. Practical Use Of Radio Equipment And Global Maritime Distress And Safety System (gmdss) Facilities; 5. Application Of The International Regulations For Preventing Collisions At Sea; 6. Ship Control During Anchoring And Mooring; 7. Ship Control During Towing Operations; 8. Ship Control During Maneuvers "man Overboard"; 9. Rational Methods Of Ship Control In Case Of Main Engines (me) And Ship And Navigation Equipment Failures During Movement; 10. Eye Survey Of Above-water And Radar Situation, Determination Of Vessel Movement Elements; 11. Navigational Situation Assessment By Visual Observation During Daytime, By Lights At Night Time And By Observation Of Transmission Of Echo Signals On Ppi Simulators In Conditions Of Limited Visibility; 12. Visual Determination Of Vessel Movement Patterns, Maneuvering Capabilities And Dimensions; 13. Selection And Execution Of Collision Avoidance Maneuvers In Open Sea, During Night And In Limited Visibility Conditions Using Radar/arpa; 14. Evaluation Of Accuracy Of Primary And Secondary Information Received From Arpa, Consideration Of Factors Affecting Accuracy Of Arpa And Delay In Formation Of Secondary Radar Information; 15. Orientation Of Ships In Complex Navigation Conditions In Daytime And Nighttime And In Conditions Of Limited Visibility; 16. Use Of Ecdis For Preliminary And Executive Plotting, Practicing Correct Response To Emergency Signals Produced By Ecdis, Solution Of Chart-metric Tasks And Ensuring Safety Of Navigation With The Use Of Information Received From Ecdis; 17. Use Of Basic Capabilities Of Marine Mobile Service And Marine Mobile Satellite Service. 1.2 The Bridge Simulator Can Be Used For The Stcw Convention Competency Requirements And Simulation Objectives. The Following Are The Items Of Navigator Competence Related To Navigation Bridge Operations That Can Be Evaluated Using The Bridge Simulator. In Addition, The Following International Standards Have Been Considered In The Development Of The Full Mission Ship Control Simulator: In Addition, The Following International Standards Have Been Considered In The Development Of The Full Mission Ship Control Simulator: Stcw Reference/competence Item/module Used Table A-ii/1.1 Plan And Execute A Passage And Determine Vessel’s Location Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Main Instructor Control And Monitoring. Table A-ii/1.2 Maintain A Safe Navigational Watch Ship Motion Simulation. Conning Display And Ship Hardware Controls. Visualization Channel. Ecdis Module. Main Instructor Control And Monitoring. Evaluation And Assessment Module. Table A-ii/1.3 Use Radar And Arpa To Maintain Navigational Safety Ship Motion Simulation. Conning Display And Ship Hardware Controls. Radar/arpa Imitator. Main Instructor Control And Monitoring. Table A-ii/1.4 Use Ecdis To Maintain Navigational Safety Ship Motion Simulation. Conning Display And Ship Hardware Bearing Station. Radar/arpa Imitator. Navaids Simulation Module. Ecdis Module. Main Instructor Control And Monitoring. Table A-ii/1.5 Respond To Emergencies Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls (alarms Panels). Table A-ii/1.6 Respond To A Distress Signal At Sea Main Instructor Control And Monitoring. Gmdss Support Module. Navaids Simulation Module (ais). Conning Display And Ship Hardware Controls. Radar/arpa. Ecdis Module. Audio Logger. Table A-ii/1.8 Transmit And Receive Information By Means Of Visual Signals Main Instructor Control And Monitoring. Ship Motion Simulation. Visualization Channel. Signaling System. Conning Display. Table A-ii/1.9 Maneuver The Ship Main Instructor And Monitoring. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-ii/2.1 Plan Voyage And Navigate Main Instructor Control And Monitoring. Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Table A-ii/2.2 Determine Position And Accuracy Of Resulting Position Fixes By Any Means Ship Motion Simulation. Visualization Channel. Bearing Station. Radar/arpa Imitator. Navaids Simulation Module. Ecdis Module. Main Instructor Control And Monitoring. Table A-ii/2.3 Determine And Consider Compass Errors Main Instructor Control And Monitoring. Ship Motion Simulation. Visualization Channel. Bearing Station. Conning Display. Table A-ii/2.4 Coordinate Search And Rescue Operations Main Instructor Control And Monitoring. Gmdss Support Module. Sound System. Visualization Channel. Radar/arpa Imitator. Conning Display. Table A-ii/2.5 Establish Watchkeeping Procedures And Arrangements Main Instructor Control And Monitoring. Ship Motion Simulation. Exchange Data Module For Ibs. Conning Display And Ship Hardware Controls. Gmdss Support Module. Sound System. Visualization Channel. Radar/arpa Imitator. Navaids Simulation Module (gps/dgps, Loran-c, Ais, Ssas). Ecdis Module. Audio Logger. Table A-ii/2.6 Maintain Navigational Safety By Using Information From Navigational Equipment And Systems To Aid In Command Decision Making Main Instructor Control And Monitoring. Ship Motion Simulation. Radar/arpa Imitator. Navaids Simulation Module (gps/dgps, Loran-c, Ais). Ecdis Module And Ecs Radar Overlay. Conning Display And Ship Hardware Controls. Audio Logger. Table A-ii/2.7 Maintain Navigational Safety By Using Ecdis And Related Navigational Systems To Aid In Command Decision Making Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Main Instructor Control And Monitoring. "table A-ii/2.10 Maneuver And Handle The Vessel In All Conditions Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module." "table A-ii/2.11 Remote Control Of Power Plant And Engineering Systems And Services Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Main Engine Control Module. Auxiliary Systems Module. Evaluation And Assessment Module." Table A-ii/2.11 Remote Control Of Power Plant And Engineering Systems And Services Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Main Engine Control Module. Auxiliary Systems Module. Evaluation And Assessment Module. Table A-ii/3.1 Plan And Execute Coastal Passages And Determine Position Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Main Instructor Control And Monitoring. Table A-ii/3.2 Maintain A Safe Navigational Watch Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Visualization Channel. Ecdis Module. Main Instructor Control And Monitoring. Evaluation And Assessment Module. "table A-ii/3.3 Respond To Emergencies Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls (alarm Panels). Table A-ii/3.4 Respond To A Distress Signal At Sea Main Instructor Control And Monitoring. Gmdss Support Module. Navaids Simulation Module (ais). Conning Display And Ship Hardware Controls. Radar/arpa. Ecdis Module. Audio Logger." "table A-ii/3.5 Maneuver The Vessel And Operate Small Ship Power Plants Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module." "table A-ii/4.1 Operate The Ship And Follow The Helmsman’s Orders In English Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-ii/4.2 Monitor The Situation With Sight And Hearing Main Instructor Control And Monitoring. Visualization System. Sound System. Evaluation And Assessment Module. Table A-ii/5.2 Participate In Berthing, Anchoring And Other Moorings Main Instructor Control And Monitoring. Anchoring Module. Mooring Module. Evaluation And Assessment Module." "table A-v/4-1.2 Monitor And Enforce Compliance With Legal Requirements Main Instructor Control And Monitoring. Evaluation And Assessment Module. Evaluation And Assessment Module. Table A-v/4-1.3 Apply Safe Work Practices, Respond To Emergencies Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module." "table A-v/4-1.4 Ensure Compliance With Pollution Prevention Requirements And Prevent Environmental Hazards Main Instructor Control And Monitoring. Conning Display And Ship Hardware Controls. Engine Control Multi Touch Display. Evaluation And Assessment Module." "table A-v/4.2.3maintain The Safety Of The Ship’s Crew And Passengers And Maintain Life- Saving, Firefighting, And Other Safety Systems In Good Working Order. " Main Instructor Control And Monitoring. Conning Display And Ship Hardware Controls. Engine Control Multi Touch Display. "steering Multi Touch Display For Control Of Autopilot And Steering. Evaluation And Assessment Module. In Addition, The Following International Standards Have Been Considered In The Development Of The Full Mission Ship Control Simulator:" "1. International Regulations For Preventing Collisions At Sea, 1972; 2. International Convention On The Safety Of Life At Sea, 1974; 3. International Convention On Standards For Training, Certification And Watchkeeping, 1978, 1995 As Amended In 2010; 4. Automatic Radar Plotting Aids Course. Regulations And Guide (department Of Trade, London 1981); 5. Imo Resolution A. 477(12). Performance Standards For Radar Equipment. Adopted On November 19, 1981; 6. Imo Resolution A. 482(12); 7. Imo Resolution A. 483(12); 8. Imo Resolution A. 823(19). Performance Standards For Automatic Radar Plotting Aids. Adopted On November 23, 1995; 9. Imo Resolution Msc64(67). Recommendation On Performance Standards For Radar Equipment. Adopted On December 04, 1996. 10. Imo Resolution Msc232(82). Adopted On December 05, 2006.""" 1.3 Ship Motion Simulation Software The Ship Motion Simulation Program Contains Simulations Of Various Effects That Cannot Be Evaluated Separately From The Functionality Of A Particular Configuration: 1. Own Ships Motion; 2. Target Ships Motion; 3. Own Tugs Motion; 4. Target Tugs Motion; 5. Mooring And Towing Lines; 6. Rescue Objects; 7. Land Objects; 8. Scene Objects; 9. Weather Effects; 10. Miscellaneous. General: 1. 6 Dof Ship Motion Equation; 2. Hull Hydrodynamics Model; 3. Hull Aerodynamics Model; 4. Propulsion Plant Model; 5. Thruster Model; 6. Rudder Model; 7. Engine Model; 8. Model Of The Environmental Influence (wind, Sea, Current); 9. Shallow Water Influence Model; 10. Roll/pitch Wave Model; 11. Model Of The Distributed Current Effect; 12. Model Of Hydrodynamic Interaction With Another Ship And Water Area Boundary; 13. Multi-functional Autopilot Model; 14. Displacement Ship And Tug Models; 15. Optional: The Following Types Of Passive Vessel And Aerial Target Models: Hovercraft, Hydrofoils, Airplanes And Helicopters; Models Are Based On Real Prototypes And Adjusted Based On Sea And Tank Tests Data. Forces: 1. Forces And Moments Of Hydrodynamic And Aerodynamic Resistance Of The Ship’s Hull; 2. Force And Moment Of Impinging Flow On The Rudder Plane; 3. Force And Moment Of The Propeller; 4. Forces And Moments Of Bow And Stern Thrusters; 5. Forces And Moments Of Hydrodynamic Interaction With Other Vessels And Water Area Boundaries (bottom, Shoal, Canal, Walls); 6. Wind Forces And Moments; 7. Forces And Moments Of Field Currents. Effects: 1. Effect Of Shallow Water On Hull Drag Force (added Mass); 2. Effect Of Shallow Water On Reduction Of Propeller Thrust; 3. Effect Of Shallow Water On Reduction Of Steering Capacity; 4. Effect Of Shallow Water On Trim And Bank Changes; 5. Hydrodynamic Forces And Moments Caused By Passing Near Other Ships And Water Area Boundaries (uneven Seabed, Shoal, Mooring Wall); 6. Hydrodynamic Forces Caused By The Propeller Jet Of Another Vessel; 7. Vessel Suction Caused By The Impact Of The Propeller Jet On The Mooring Wall; 8. Mechanical Forces And Moments Caused By Interaction With Other Ships And Water Area Boundaries (mooring Walls); 9. Ship Collision; 10. Collision Between Ship And Mooring Walls Or Aids To Navigation; 11. Hard Grounding; 12. Soft Grounding. Propulsion Types: 1. Fpp; 2. Cpp; 3. Tunnel Thruster. Engines: 1. Low And Medium Rpm Reversible Diesel Engine (reversing With Compressed Air); 2. Medium And High Rpm Non-reversible Diesel Engine (reversing With Reversing Clutch) Steering Systems: 1. Balance Rudder; 2. Steering Nozzle; 3. Z-drive. 1.2         Ship Models The Bridge Simulator, Six Degrees Of Freedom Models Are Provided Not Only For Own Ship, But Also For Target Ships. Mathematical Modeling Of The Motion Of Each Ship Should Be Based On Integration Of A System Of Up To 12 Differential Equations Describing The Spatial Motion Of A Solid Body With 6 Degrees Of Freedom In A Fluid. 1. Wind Effect Modeling Includes: 2. Calculations Of Wind Center And Area Varying With Roll/pitch; 3. Calculations Of Forces And Moments As Wind Speed And Relative Bearing Change; 4. Calculations Of Resistance To These Forces Exerted By The Underwater Part Of The Ship's Hull. 5. Wave Effect Modeling Includes The Following Calculations: 6. Surge; 7. Sway; 8. Heave; 9. Yaw; 10. Roll; 11. Pitch. Current Effect Modeling Includes: 1. Calculations Of The Instantaneous Value Of The Total Current Vector And Its Application Point In The Underwater Part Of The Ship's Hull; 2. Calculation Of The Corresponding Force And Its Momentum; 3. Calculation Of Water Resistance To This Force From The Opposite Board. Shallow Water Effect Modeling Includes: 1. Speed Reduction Calculations; 2. Calculations Of Deterioration Of Turning Characteristics; 3. Calculations Of Trim Changes Depending On The Ship's Speed And Depth Under The Keel (squat). Bank Effect (in General The Channel Walls) Simulation Consists Of The Following Calculations: 1. The Gradient Of The Bottom Rise In The Direction Of The Ship's Motion 2. Additional Arising Water Pressure Fields On The Ship's Hull; 3. Corresponding Total Forces And Moments. Modeling The Effects Of Interaction With Another Includes The Following Calculations: 1. Increased And Weakened Water Pressure Fields Occurring Around The Hulls Of Both Ships As A Function Of Approach Distance And Relative Speed; 2. Corresponding Total Forces And Moments, As Well As Their Application Points. The Library Of Own Ship Mathematical Models Should Include 55 Active Ships And Simulates The Movement Of Up To 100 Target Ships (60 Different Types, Jet Foil Hovercraft Helicopters And Airplanes) That Are Suitable For Training Purposes. The Library Of Own Ship Mathematical Models For The Bridge Simulator Should Include Tug Models That Realistically Simulate Tug Assistance When Maneuvering And Escorting. Tugs Can Be Controlled By The Instructor (automatically) And The Operator. The Simulator Includes The Ability To Simulate Pulling, Pushing, Reposition Towing And Escorting. The Tug Model Is Affected By The Own Vessel’s Speed, And As Such, Includes A Degradation Of Performance Depending On The Type Of Tug Being Simulated. It Is Possible To Work With Both Conventional And Tractor Tugs With Different Characteristics And Response Times. 1.5 The Bridge Simulator Visual System The Visual System Has An Optional Bird’s Eye Or Normal View, And The Operator’s Visual System Has A Normal View. In The Window The Instructor Can Move The Camera And Set The Yaw And Height Of The Camera. The Operator Can Activate The Binocular Mode In The Visualization System And Control The Zoom Factor, The Direction Along The Horizon And The Vertical View Of The Flight. Visual Scene Content: 1. 3d Terrestrial Surface; 2. Controlling The Binoculars' Focal Length Settings; 3. Static Shore Objects; 4. Dynamic Coastal Objects (cranes, Vehicles, Trains, Radar Antenna Units); 5. Exercise Objects (ships, Tugboats, Helicopters, Aircrafts, Barges, Bollards, Mooring And Towing Lines, Ground Objects, Buoys); 6. Sar Objects (life Raft, Life Buoy, Mob, Sart, Helicopters, Aircrafts, Floating Debris, Damaged Tanker, Dye Marker, Oil Slick), International Flags And Pennants, Distress Signals (rockets, Parachute, Red Flare, Buoyant Smoke); 7. Aids To Navigation (buoys, Lighthouses); 8. Lights (navigational, Cultural Lights); 9. Visual Effect Of Icing; 10. Detailed Own Ship’s Bow; 11. Shadows For Vessels And Scene Objects. Sky: 1. Display Of Stars, Major Asterisms, The Moon, The Sun (according To Time Of Day And Geographic Coordinates), Clouds. Sea: 1. 3d Wavy Sea Surface; 2. Ripples; 3. Reflection Of The Sky, Sun, Clouds In The Sea; 4. Water Disturbances: Wake, Bow Waves, Foam From Breaking Waves. Weather 1. Precipitation; 2. Fog; 3. Rain Clouds; 4. Lightnings. 1.6    Environmental And Weather Training The Bridge Simulated Environment Consists Of: 1. Region State Window; 2. Depth Set; 3. Stream; 4. Ground Quality; 5. Wave Condition; 6. Setting The Course And Speed Of Wind; 7. Setting The Strength Of The Sea Disturbance; 8. Setting Visibility Distance; 9. Setting Local Time; 10. Changing The Reflection And Color Of The Water; 11. Changing The Intensity Of Rain, Snow, Thunderstorm And Global Cloud Cover; 12. Setting Coordinates, Heading Speed And Density Of Falls And Clouds. 1.7 Operation Training The Bridge Simulator Shall Allow For Training And Certification Of Watch Officers, Chief Officers, Captains, And Pilots Serving On Commercial And Fishing Vessels Of 500 Gross Tonnage Or More In Accordance With The Requirements Of The Imo Stcw Convention And Model Courses: • 1.07 – Radar Navigation, Radar Plotting And Use Of Arpa; • 1.08 – Radar, Arpa, Bridge Teamwork And Search & Rescue; • 1.22 – Ship Simulator And Bridge Teamwork; • 1.27 – Operational Use Of Electronic Chart Display And Information System (ecdis); • 1.32 – Operational Use Of Integrated Bridge System; • 1.34 – Operational Use Of Ais; • 2.02 – Maritime Sar Coordinator; • 3.11 – Marine Accident And Incident Investigation With Compendium; Investigation With Compendium; • 3.19 – Ship Security Officer; • 3.23 – Actions To Be Taken To Prevent Acts Of Piracy And Armed Robbery; • 7.01 – Master And Chief Mate; • 7.03 – Officer In Charge Of Navigational Watch; • 7.05 –7.06 – Officer In Charge Of Navigational Watch Of Fishing Vessel; • 1.25 – General Operator’s Certificate For The Gmdss; • 1.26 – Restricted Operator’s Certificate For The Gmds 1.8 Operating Environment The Bridge Simulator Shall Contain 40 Sailing Areas As Well As Sub-tasks For Each Area. This Makes It Possible To Control The Motion Of All Active And Target Ships. The Simulator Should Be Designed To Manage The Training Complex, Create (design) The Exercises, Perform The Exercises In Real Time, Monitor The Exercise Execution By Operator Workstations, Change Environmental Conditions And Sailing Circumstances, Enter The Own Ship Failure Variables, Documenting And Archiving The Position And Activity Of The Ship Involved In The Exercise. 1.9 Simulated Exercise Areas Detailed 3-d Databases With High-resolution True-color Textures Can Be Displayed By Visualization Systems. The Spatial Terrain, 3-d Radar Model And Floating Object Models Support Water Level Modeling (tidal Effect). The Database Can Include Over 1000 Models Navigational, Cultural, And Industrial Objects And Consists Of More Than 500,000 Triangles.the Databases Should Be Supplied With A Set Page | 24 Technical Description Of C-map Vector Electronic Charts Matching The Database Content For Display On Ecdis And The Instructor Workstation. Possible Applications (but Not Limited To Those Listed): • Pilot Training; • Mooring Training; • General Navigation Training; • Consulting And Port Construction; • Demonstration And Gaming Purposes; Object Library May Include (but Not Limited To Those Listed): • • 3-d Underwater And Surface Terrain; • Aids To Navigation: Buoys, Lighthouses With Light Characteristics According To The British Admiralty List Of Lights And Vector Electronic Chart, Unique Labels (numbering), Shapes (top Marks), Audio Signals And Radar Beacons; • Models Of Port Facilities – Cranes, Tanks, Chimneys, Elevators, Containers, Vehicles, Towers Etc. (from A Library Of More Than 500 Objects); • Moving Targets. • Unique And Standard Models Of Buildings And Monuments, Bridges With A Night View Representation. • Piers, Jetties, And Bollard Barrels For Mooring Training. • Exercise Areas For The Radar And Visualization Scenes Should Be Available From The Areas Library. 1.9.1   Sample Exercise Areas "1. Rostock, Germany 2. Bosphorus Strait, Turkey 3. Strait Of Gibraltar 4. Tangier, Morocco 5. Accra Tema, Ghana 6. Tokyo, Japan 7. Jakarta, Indonesia 8. Singapore, Singapore 9. Vungtau Thivai, Vietnam 10. Conakry, Guinea 11. St. Petersburg, Russia 12. Kozmino, Russia" 1.10 Instructor Workstation The Instructor Workstation Is An Integral Part Of The Simulator And Is Designed To Control The Training Complex, Design (develop) Exercises, Perform Exercises In Real Time, Control Exercise Performance By Trainees, Change Environmental Conditions And Sailing Circumstances, As Well As Enter Own Ship Failure Variables, Document, And Archive The Position And Activity Of The Ship Involved In The Exercise. The Instructor Station Software Should Contain Navigation Areas As Well As Sub-tasks For Each Area, Allowing The Control Of All Active Vessels And Target Ships. 1.10.1 Main Instructor Control And Monitoring Module The Software Modules Should Provide A Possibility To Flexibly Configure The Required Bridge Configuration. General: 1. An Integrated Application For Exercise Editing, Conducting And Debriefing; 2. Highly Accurate Data Representation Based On Vector Diagrams (ability To Automatically Load All Diagrams Related To The Selected Game Area); 3. Tools For Creating Exercises And Automatic Competency Assessment Scenarios; 4. Control Of Simulator Session(s); 5. Continuous Automatic Recording Of Data During Exercise (main, Audio And Video Log Files); 6. Real Time, Slow Time, And Fast Time Modes; 7. Ability To Display And Print A New Pilot Card And A Table Of Maneuvering Characteristics Of The Ship; 8. Working With Measuring Tools: ◦ Ability To Set Erbl; ◦ Ability To Attach, Move Or Delete Erbl During An Exercise; 9. Ability To Attach Sart To The Life Raft; 10. Ability To Move Own Ship During Exercise Without Grounding Or Collision; 11. Ability To Apply Virtual Tug Force To 8 Points Of The Vessel’s Hull In Any Direction; 12. Display Of Actual Ship's Contours; 13. Continuous Display Of Parameters Of Vessel Movement And Environment Conditions: Course And Speed Of The Vessel, Course Over The Ground, Transversal Component Of Speed On The Bow And On The Stern, Gyro Heading, Rate Of Turn, Speed And Direction Of The Current And Wind, Height And Direction Of A Wave, Depth; 14. Independent Instructor Control For Wind And Swell Components Of The Wave; 15. Ability To Set Sea State Spectrum: ◦ Pierson-moskowitz; ◦ Phillips; ◦ Ittc (international Towing Tank Conference); ◦ Jonswap (joint North Sea Wave Project); ◦ User. 16. Ability To Exclude Hydrodynamic Interaction With Mooring Walls In The Required Area; 17. Ability To Create A Template Containing A Set Of Objects (ships), Save And Use This Template In Other Exercises; 18. Ability To Save Environment Settings As A Template And Load A Previously Saved Template In Any Exercise And Area; 19. Mooring Operations: ◦ Ability To Set The Rope Material; ◦ Ability To Set The Initial State Of The Mooring Winch (render, Slack Away, Stop); ◦ Ability To Set Mooring Winch Parameters (speed, Pulling Force, Holding Force); ◦ Ability To Operate The Mooring Winch At The Instructor Workplace. 20. Anchor Operations: ◦ Ability To Set User Ground Type With Required Anchor Holding Force Coefficients; ◦ Display Of Anchor Position On The Instructor's Chart On The Ground. 21. Control Of Navigational Lights And Shapes: ◦ Ability To Control The Navigational Lights; ◦ Ability To Switch On/off Deck Lights On Target Ships. 22. Loading/discharging Of Own Ship During Exercises; 23. Weather Conditions Manager: ◦ Ability To Set Predefined Weather Conditions By Beaufort Number (wind, Wave, Whitecaps And Foam, 3d Clouds, Cloud Layer, Visibility) On The Fly; ◦ Ability To Set Customized Weather Conditions; ◦ Visual Effects: Rain And Snow (low, Medium, High), Lightning, Reflection, Translucency, Sea With White Caps, Foam, Splashes, Bow-wave; ◦ Separate Settings For Wind Wave And Swell; ◦ Manual Control Of Wind Direction And Strength; ◦ Adjustment Of Atmospheric Parameters – Temperature, Humidity, Pressure; ◦ Ability To Use Thunderstorm, Precipitation; ◦ Automatic Calculation Of The Position Of The Sun, Major Stars (up To 100) And Constellations, The Angle And Phase Of The Moon; ◦ Ability To Set Wave Spectrum Type: Pierson-moskowitz; Jonswap (joint North Sea Wave Project); Phillips; User-defined; ◦ Ability To Use Thunderstorm, Precipitation. 24. Rcc, Ship And Coast Stating Assignment; 25. Log Module With Possibility To Print Out And Create Archives; 26. Window For Listening/monitoring Of The Radiotelephone Traffic Including Possibilities To Interfere With Radiotelephone Traffic; 27. Ability To Introduce Background Noise From A List And Instrument Faults To The Trainee Stations. 28. Ability To Change Names, Call Signs, Mmsi, Telex Numbers And Inmarsat Mobile Numbers Of All Emulated Ship Stations And Coast Station According To The Needs Of Different Exercises; 29. Electronic Chart With Vessel Position Indication And The Ability To Change Position, Course And Speed; 30. Ability To Display And Instantly Change Trainee Station Positions On The Electronic Map For Search And Rescue (sar) Exercises; 31. Full Monitoring Of Any Trainee Workstation – The Ability To Monitor The Status Of Each Gmdss Unit And Listen To The Radio Traffic Of Each Trainee Station; 32. Connection To An External Printer; 33. Connection To An Active Speaker For Simultaneous Viewing Of Channels; 34. Providing Functions Of A Coast Telex Or Telephone Subscriber, Coast Radio Station And Rcc Operator From The Log Window; 35. Status Window For All Instruments At Any Workstation; 36. Ability To Log Communication And Trainee Actions For Playback And Later Review; 37. Database Of Coastal Stations, Navtex And Msi Stations And Inmarsat Shore-based Stations Plotted On The Chart; 38. Information About The Gmdss Sea Areas On The Chart; 39. Approximate Estimation Of Radio Wave Propagation In The Selected Frequency Range; 40. Evaluation And Assessment Module; 41. Navtex Functionality: ◦ Ability To Send Navtex Messages On Behalf Of A Navtex Station; ◦ Ability To Edit And Use The Navtex Station Used-defined List; ◦ Ability To Save And Use Navtex Message Templates. 42. “intercom” Panel. To Monitor Intercom Communication, Execute Voice Messages From The Instructor's Side. 43. Vhf Radio Station Module. To Monitor Vhf Communication, Send Voice Messages From The Instructor’s Side, Play Pre-recorded *.wav Files. 44. Coastal Radio Station Module. Screen Layout: 45. Use Of The Mouse Wheel For Chart Centering And Scaling; 46. On-screen Display Of Mooring Walls And Piers; 47. On-screen Display Of Actual Contours Of Any Ship; 48. On-screen Display Of The Object’s Route Line And Its Actual Track; 49. On-screen Display Of The True And Relative Speed Vectors; 50. Selectable Display Mode: True Motion, Relative Motion, Course Up Or North Up; 51. Display Of Prompt And Other Information In The Status Bar: ◦ Bearing And Distance From The Current Cursor On-chart Position To The Reference Point; ◦ Coordinates Of The Current Cursor On-chart Position; ◦ Depth In The Current Cursor Position; ◦ Current Exercise Time (absolute And Relative). 52. Displaying Of Object Tracks: Contour Or Point With Selectable Resolution, Track History And Time Stamp; 53. Displaying Of Walls And Piers; 54. Use Of A Mouse Wheel For Chart Centering And Scaling; 55. User Configurable Workplace; 56. Different Panels For The Control And Monitoring Of The Exercise Fulfillment: 57. Setting Navigational Equipment Parameters And Faults: Radar, Gps, Loran C, Log, Gyro, Echo Sounder, Uais; 58. Setting The Exercise Weather And Bathymetric Conditions: Global And Local Zones, Import Of Tide And Current Databases (nts-pro 6100 (ecdis)); 59. Observing Own Ships And Targets On The Chart: Ship Info Panel, Cpatcpa Panel, Events Panel; 60. Control Of Own Ships And Targets On The Chart: Direct Control Of Steering And Propulsion Systems, Autopilot, Mooring Lines, Anchors; 61. Setting Faults Of Navigational Equipment, Steering And Propulsion System, Fire And General Alarms; 62. Continuous Data Logging During Exercises; 63. Playback Of Recorded Exercises In Real And Fast-time Modes; 64. Performing Preliminary Exercises On The Map To Check Their Suitability For Training On The Simulator; 65. Distress Signals (flare, Smoke Signals, Dye Markers); 66. Adding New Target Ships; 67. Changing Weather Conditions; 68. Moving Buoys, Turning Off Lights On Them And Hiding Them On Both The Visualization System And Radar; 69. Control Of Automatic Tugboats On Commands From The Bridge Or From The Instructor; 70. Generating And Printing Exercise Reports. ◦ Reports Panel – To Form And Print Exercise Fulfillment Reports; ◦ Ship Info Panel – To Display Courses, Longitudinal And Transverse Speeds, Rates Of Turn For All The Ships Involved In The Exercise. ◦ Evaluation And Assessment Module Panel; ◦ Target Panel – To Control Vessel Target And Flight And Sar Objects; ◦ Objects Panel – To Promptly Select An Object On The Chart From The List Of All The Objects Available In The Exercise; ◦ Flags Panel – To Hoist/lower Ics Flag Signals On Any Of The Ships, Including Ability To Set And Keep Flag Templates ◦ Events Panel – For The Automatic Recording Of Any Important Events Related To The Incorrect Trainee Actions; ◦ Flash Light Panel – To Send Light Signals From Target Vessels, Including Automated Translation Into Morse Code; ◦ Magnetic Deviation Panel – To Configure The Magnetic Deviation Panel For The Vessels, Participating In The Exercise, Save The Panel And Apply Desired Template To Any Own Vessel, Print The Magnetic Deviation Table; ◦ Procedural Alarms Panel – For Defining User Set Of Alarm For Dedicated Vessels. Exercise Objects: 1. Collection Of 6-dof Ship Models; 2. Sar Objects: Life Raft, Mob, Damaged Tanker, Sart, Damaged Burning Tanker, Search And Rescue Transponder (sart), Emergency Position 3. Indicating Radio Beacon (epirb), Oil Slick, Helicopter Target, Aircraft Target, Floating Debris; 4. Mooring Objects: Bollard On Any Of Mooring Walls, Bitts On Another Ship, Bollard On Any Of Mooring Walls, Bitts On Another Ship, Mooring Buoy Of Catenary Anchor Leg Mooring (calm), Mooring Buoy Of Single Anchor Leg Mooring (salm); 5. Coastal Objects: Moving Cranes, Cars, Trains, Radar Antennae, Rocket Launcher, Hangar, Cistern, Signal Port Station Tableau, Etc.: Visual And Radar Images; 6. Global And Local Weather Zones: Wind, Current, Sea State, Visibility, Precipitations; 7. Fishing Objects: Fish Shoals, Underwater Pinnacles, Fishing Buoys, Lines And Zones; 8. Sound Velocity In The Water Affecting The Performance Of Hydroacoustic Fish Finder Equipment; 9. Rain Clouds; 10. Fog Areas; 11. External Tide And Current Data (c-map Databases); 12. Display Of Wave And Current Strength And Direction At Any Point In The Exercise; 13. Adjustment Of The Ship Model Characteristics; 14. Setting Operation Modes Of Navigational Aids, Their Errors And Malfunctions: Radar, Gps, Loran-c, Log, Gyro, Sounder, Uais; 15. Performing Preliminary Exercises On The Map To Check Their Suitability For Training On The Simulator; • Control Of Own Ships And Targets On The Vessel: Direct Control Of Steering Gear And Propulsion, Autopilot, Mooring Lines, Anchors; • Control Of External Forces On The Chart (virtual Tug Force) Applied To 8 Points Of The Ship Hull In Any Horizontal Direction Along The Waterline; • Saving An Exercise With Initial Conditions At Any Stage Of Playback. Trainee Mission Explaining: • Loading A Previously Created Exercise On A Chart; • Playing The Exercise On The Chart To Explain The Task; • Uploading A Sample Log Of The Same Exercise To Explain The Correct Actions. Simulator Session(s) Control: • Exercise(s) Start, Pause, Re-start After The Pause, Stop On Bridge(s); • Setting The Initial Position For Own Ships; • Entering Faults Of Navigation Systems, Steering Gear, Propulsion Plant, Fire And General Alarm; • Ability To Set Faults Of Navigational Equipment; • Pulling Apart Ships That Have Collided Or Run Aground; • Control Of Target Vessels, Hoisting Flags Of The International Code Of Signals, Turning Their Sound Signals On And Turning Their Lights On/off; 16. Ics-69 Flags (international Flags And Pennants): • 26 Alphabet Flags; • 10 Numeral Pennants; • 3 Substitute Pennants; • 1 Answering Pennant. • Control Of Daylight Shapes On Vessels; • Distress Signals (flare, Smoke Signals, Dye Markers); • Changing Weather Conditions; • Adding New Target Ships; • Moving Buoys, Turning Off Lights On Them And Hiding Them On Both Visualization System And Radar; • Controlling Automatic Tugboats On Commands From The Bridge Or From The Instructor; • Using The Report Generator Wizard Tool For Printing. Own Ship Simulation Data: On Request, The Following Readings And Characteristics Of The Own Ship Are Displayed On The Monitor Of The Instructor's Workstation: § Vessel Number, Designation And Model Type; § Main Dimensions; § Displacement; § Ship’s Time; § Ship’s Gyro-compass Course Over Ground And Through Water; § Ship’s Magnetic Compass Course Over The Ground And Through Water; § Longitudinal And Transverse Components Of Speed Through Water; § Ship Speed Over Ground And Through Water; § Bow Velocity And Stern Velocity Over Ground; § Heeling, Trim And Center Of Gravity Elevation; § Angular Speed Of Ship Turns; § Current Rudder Blade Position And “put The Rudder Over” Command; § Current Position Of Propeller(s) And Pitch Change Command; § Current Rotation Speed Of Propeller(s); § Current Load Of Main Engine(s); § Thrusters Operating Mode; § Geographic And Cartesian Coordinates Of Vessel Location; § Distance Traveled By The Vessel From The Exercise Start Point; § Depth Under The Ship’s Keel; § Distance And Bearing Relative To Any Active Ship; § Cpa And Tcpa From Any Ship To Other Vessels. Passive Ships (target-ships) Simulation Data: • On Request, The Following Indicators And Motion Characteristics Of The Target Ship Are Displayed On The Instructor's Workstation: • Target Ship Number And Type; • Cog; • Sog; • Geographic And Cartesian Position Coordinates; • Distance And Bearing Relative To Any Active Ship; • The Coordinates Of The Route Change Point And The Time To Pass That Point. Evaluation And Assessment Module: The Evaluation And Assessments Module Of The Nts-pro 6100 Is Designed For The Evaluation And Assessment Of A Range Of Predefined Assessment Parameters From The Following Categories: • Planning And Conducting A Passage And Determine Position; • Maintain Safe Navigational Watch; • Using Radar And Arpa To Maintain Navigational Safety; • Ability To Operate And Analyze Information Obtained From Arpa; • Respond To Emergencies; • Use Imo Standard Marine Communication Phrases And Use English In Writing And Speaking; • Transmit And Receive Information Using Visual Signals; • Maneuver The Ship; • Colreg. The Bridge Simulator Should Have The Ability To Set Up A Scoring And Grading System To Evaluate The Operator’s Performance. The Program Allows The Instructor To Monitor The Results Of The Bridge Team / Operator Workstation Performance During The Following Scenarios: 1. Own Ship Collision; 2. Own Ship Collision With A Beacon; 3. Running Aground On Own Ship; 4. Distances For Channel Coast; 5. Own Ship Collision With Another Vessel; 6. Own Ship Collision With The Shore; 7. Own Ship’s Anchor Chain Breakage; 8. Own Ship’s Mooring Line Breakage; 9. Engine Overload. For Each Item The Following Can Be Recorded: • Time • Position; • Depth; • Distance Traveled; • Hdg; • Cog; • Log • Sog; • Angular Velocity; • Prow. Doppler Velocity; • Stern Doppler Velocity; • Ort. Velocity; • List; • Trim; • Engines Controller Position; • Main Engines Load; • Vpp Angles; • Propellers Rpms; • Rudder Setter; • Rudder Blade Position; • Thrusters Loading. Other Requirement: 10. Possibility To Connect To The Gmdss And Engine Room Simulators. 1.10.2       Instructor Module’s Main Screen General Requirement: 1. Integrated Application For Editing, Running And Debriefing Exercises. 2. High-quality Vector Chart Representation With The Ability To Load Multiple Charts; 3. Displaying Of The Actual Ship Contours; 4. Display Of Object Tracks: Contour Or Point With Selectable Resolution, Track History And Time Stamps; 5. Display Of Walls And Piers; 6. Displaying Of True Or Relative Velocity Vectors; 7. Display Mode Selection: True Or Relative Movement; 8. Using The Mouse Wheel For Chart Scaling; 9. User Configurable Workplace; 10. Setting Parameters And Faults Of Navigation Equipment: Radar, Gps, Loran C, Log, Gyro, Echo Sounder, Uais; 11. Setting Weather And Bathymetric Conditions: Global And Local Zones, Import Of Tide And Current Databases (ecdis); 12. Monitoring Own Ships And Targets On The Chart: Ship Information Page Including Events Panel, Environment Page, Stats Page Including Cpa-tcpa Panel; 13. Monitoring Own Ships And Targets On The Chart: Direct Control Of Steering And Propulsion Systems, Autopilot, Mooring Lines, Anchors; 14. Setting The Navigational Equipment Faults, Steering And Propulsion, Fire And General Alarms; 15. Continuous Data Logging During Exercises; 16. Live And Fast-time Playback Of Recorded Exercises; 17. Generation And Printing Of Exercise Reports. Exercise Objects: 1) Collection Of 6-dof Ship Models; 2) Sar Objects: Life Raft, Mob, Damaged Tanker, Sart, Helicopter Target; 3) Global And Local Weather Zones: Wind, Current, Sea State, Visibility, Precipitation; 4) Rain Clouds; 5) External Tide And Current Data (c-map Databases). Uais Training: 1. Ability To Configure Own Ship And Target Ship Parameters For Ais Position, Ship Static And Voyage Related Data Reports; 2. Possibility To Send Ais Messages To Own Ships; 3. Possibility To Monitor The Exchange Of Ais Messages; 4. Ability To Enter Fault Data Into The Ais Transponder. 1.10.3 Instructor Gmdss Module The Instructor Gmdss Module Of The Bridge Simulator Should Have The Following Abilities: • Ability To Connect To The Gmdss Simulator; • Continuous Audio Logging Of Information Exchange From The Operator Workstation On The Bridge (requires A Gmdss Module); • Exercise Monitoring With A Video Camera (requires An Additional Visualization Module); Radar Exercise Monitoring (requires An Additional Radar/arpa Simulation Module 1.11 Radar / Arpa Module • The Bridge Simulator (radar/arpa) Module Should Have The Following Capabilities • Arpa/radar Software On The Bridge; • Selective Radar On The Instructor Workstation; General Information: • Display Simulation Of The Following Radar Types: Jrc Jma 5300 Series Target Tracking (arpa/ais): • Full Tt Functionality; • Plotting Up To 100 Targets; • Displaying Up To 1,000 Ais Targets; • The Ais Symbol Shows Whether A Target Is A Sleeping Target, A Normal, A Selected, A Dangerous Or A Lost Target. Automatic Acquisition Zones: • The Two Auto-capture Zones Can Be Set In A Sector Or In Any Shape; • Targets In The Auto-capture Zone Are Displayed With A Reverse Triangle; • The Operator Can Manually Acquire Important Targets Without Restriction, Which Is An Important Aid And Source Of Information For Evaluating The Situation. Guard Zones And Anchor Watch Zone: •guard Zones Generate Visual And Audible Alarms When Targets Enter Zones Set By The Operator; •one Of The Guard Zones Can Be Used As An Anchor Watch To Alert The Operator When Own Ship Or Targets Drift Outside The Set Zone. •radar Simulator On The Bridge; Cpa Alarm: •the Target Tracking Symbol Changes To A Triangle When Its Predicted Course Deviates From The Operator’s Set Cpa/tcpa; •the Operator Can Easily Change The Vector Length To Estimate The Trend Of The Target’s Movement. Target Trials: • The Target Trail Feature Generates Single-color Or Gradual Shading Afterglow On All Objects On The Display To Help Clarify The Traffic Situation; • Echo Trails Can Be Displayed In Either True Or Relative Motion; • Relative Trails Show Relative Motion Between Targets And Own Ship; • True Motion Trails Require A Gyrocompass Signal And Own Ship Speed Input To Cancel Own Ship Motion And Represent The True Motion Of Targets According To Their Speeds And Courses Over The Ground. Radar Map: • A Radar Map Is A Combination Of Lines And Marks That Operators Can Use To Define And Enter Data About The Navigation Area And Route; • The Radar Map Can Be Saved To Facilitate Reuse In A Frequent Navigation Area; • Planned Routes Created On The Ecdis Can Be Transferred Onto The Radar Display When Connected To The Ecdis Network. Radar Keyboard: • Full Control – All Radar Operations Can Be Performed Using The Keyboard Or On-screen With The Ps Trackball; • Actual Jma 53xx Marine-approved Radar Keyboard; • Dedicated Buttons For Basic Functions; • Large, Easy-to-use Analog Controls For Ebl, Vrm, Gain, Sea And Rain. 1.12 Ecdis Module The Bridge Simulator Should Use For Its Ecdis Preferably The Following: The “navmaster” (pc Maritime Uk), The “totem Ecdis” (totem+, Israel) And The Maris 9000 Ecdis (navico Norway) As A Dnv Type-approved Ecdis Module. All Variants Should Meet The Requirements Of The Following Regulations/ Standards: Solas 74, Reg. V/18.1, V/19.2.1.5, 2000 Hsc Code 13.8, 13.17.1, Imo Res. A 817(19) As Amended By Msc.64 (67) Annex 5 And By Msc.86(70) Annex 4, Imo Res.a.694(17) And Developed In Accordance With The Imo/iec Requirements For Integrated Navigation Systems (draft Iec 61924). Areas Of Application: 1. Bridge Task Application For The Training In The Use Of An Electronic Chart Display And Information System; 2. Ecdis Software On The Bridge; 3. Selective Ecdis On The Instructor Workstation; 4. Ecdis Simulator On The Bridge. General Information: 1. Compatible Cartography: ◦ Iho/ S-57 Edition 3 Vector Chart (iho S-63 Data Protection Scheme); ◦ Arcs Raster Chart; ◦ C-map Professional+; ◦ Compatibility With Admiralty Information Overlay (aio) For Further Navigation Safety. 2. Interface With Position Sensors, Gyro, Log, Echo-sounder And Radar For Radar Overlay, Target Track Info, Route, And Waypoint Exchange. 3. Ecdis Operating Modes: ◦ Monitor Mode, Ship’s Behavior Can Be Monitored Relative To The Planned Route. A Variety Of Voyage Monitoring Tools Are Built Into The Instant Access Panel; ◦ Chart Maintenance Mode, Allows Operators To Work With Charts To Be Used In The System; ◦ Plan Mode, Operators Can Generate And Edit Route Plans As Well As Custom Charts. It Is Also Possible To View Various Detailed Reports Generated By Ecdis On Planned Routes And Custom Charts. 4. Route Planning: ◦ Operators Can Use The Trackball To Enter Waypoints Directly Onto The Chart; ◦ Operators Can Edit The Name, Steering Mode, Radius, Channel Limit And Other Parameters Of Waypoints. 5. Creating User Chart: ◦ Operators Can Create A Custom Chart; ◦ A User Chart Is A Layer Consisting Of Marks And Lines That Can Be Created And Overlaid On The Chart; ◦ User Charts Are Intended For Marking Safety-related Areas And Objects. 6. Quick Access To Various Reports: ◦ Route Reports On Waypoint And Passage Plan, As Well As User Chart Reports On Tidal, Lines, User-entered Objects And User-defined Areas Can Be Accessed Directly For Viewing. 7. Marine Type Approved Keyboard: ◦ Panel-mounted Silicone Rubber Keyboard With Built-in Waterproof 25mm Trackball And Scroll Function; ◦ Fully Certified To Iec60945, Iacs E10, Iec 60092-504, Dnv 2.4. 1.13 Conning (conning Display) Module The Program Should Be Designed For Ship Handling, Mooring, Automatic Tug, And Navigational Instruments. Multi-level "call-up" Pages Of The Conning Display: 1. General Characteristics, Me And Autopilot Controls (“main” Page); 2. Mooring Gears And Roll And Pitch Controls (“anchor & Mooring” Page); 3. Repeater Gyrocompass And Satellite Compass (“compasses” Page); 4. Anemometer, Digital Barograph, Water And Air Temperature And Humidity Sensors (“environment” Page); 5. Binoculars Control, Observer Position Control, Searchlight Control (“light & View” Page); 6. Signal Flags, Sound Signals And Figures (“signals” Page); 7. Own Ship Data (page "ship"); 8. Fire Alarm Control Panel And Alarm List (page "alarm"); 9. Azimuth Propeller Thruster Control, Azimuth Indicators, Thruster Indicator Loading (page "azimuth"); 10. Vhf Radio (page "vhf"); 11. Intercom (page "intercom"); 12. Echo Sounder (page "echo Sounder"); 13. Pilot Card (page "pilot Card"); 14. Maneuvering Table (page "maneuvering Table"); 15. Training Result And Vdr (page "assessment/vdr"). Main Features: 1. Rudder Position Master Operation Mode Setup; 2. Rudder Position Presetting; 3. Setting The Operating Mode Of The Bow Thruster And Aft Thruster; 4. Autopilot Control; 5. Setting The Limit For The Signal Response To A Hazardous Depth Under The Keel; 6. Me Control; 7. Initiation Of The Binoculars; 8. Setting The Observer’s Angle Of View Relative To The Horizon And Vertical Line; 9. Setting The Observer’s Position In The Visualization System; 10. Control Of Sound Signals, Lights And Figures; 11. Control Of The Anchoring Gear, Mooring Lines And Fenders When Mooring To A Quay And Vessel; 12. Tug Control. Information Display: 1. Values Of Propeller Shaft(s) Revolutions; 2. Control Pitch Propeller Turning Angle Values; 3. Rudder Responding Values; 4. Rate Of Turn Angular Velocity Values; 5. Operation Mode Of The Bow Thruster And Aft Thruster; 6. Gyro Compass And Magnetic Compass Course; 7. Log Speed And Speed Over The Ground; 8. Bow Thrust And Stern Speed; 9. Wind Speed And Direction (true/relative); 10. Speed And Direction Of Streams (current); 11. Date & Time Of Ship; 12. Distance Traversed; 13. Depth Under Keel; 14. Ship’s Geographical Coordinates; 15. Distance From Ship To Shore; 16. Me Loads; 17. Heel And Trim Of The Vessel; 18. Anchor Chain Length, Water Angle; 19. Length Of Mooring Lines; 20. Fire Detection Control System, List Of System Failures Alarms; 21. Vhf Point With Channel Selector; 22. Pilot Card, Maneuvering (wheelhouse Poster); 23. Assessment & Vdr 1.14 Steering Control (multi-touch Pc) Module This Module Should Have The Following Capability: The Hdg Main Is The Start Page Of The Display For The Heading Control Mode Operation. The Hdg Main Page Is Accessible Via The Corresponding Soft Key Of The Operation Mode. The Nav Main Is The Start Page Of The Display For Operation In Waypoint Steering Mode. The Nav Main Page Is Accessible Via The Corresponding Operation Mode Soft Key. The Connected Route Planning System Generates All Necessary Data For Waypoint Steering. The Nfu/fu Display Page Has Two Rudder Setting Options: • The Nfu Mode: Rudder Angle Is Set Using The Control Keys; • The Fu Mode: Entry Of The Rudder Angle Value With The Rotary Knob. 1.15 Propulsion Control (multi-touch Pc) Module This Module Should Have The Following Capability: • Speed Digital Indicator Of Speed In Knots; • Main Engine Port And Main Engine Stbd Gauges To Display Rpm, Pitch And Speed Shaft Values Of Respective Me; • Two Emergency Engine Order Telegraphs (eeot) For Use In Case Of Machine Telegraph Failure; To Operate The Eeot Turn The Central Knob To The Required Position On The Scale; Corresponding Button Starts Flashing And Buttons Flash On The Telegraph Repeaters In Ecr And Engine Room Lop; At The Same Time Audible Signal Starts; When The Command Is Confirmed At The Ecr/er, The Button Lights Up Continuously On All Telegraphs And Audible Signal Stops; • E/r Deadman System Lamps Light Up To Indicate The System Status: System On And E/r Deadman Alarm; • Thruster Control Display For The Bow And Stern Thruster Control; • Generator Status Indication; • Control Of Rudder Pumps And Synchronization Of Rudder Fu Mode. 1.16 Navigation Aid Instruments Module Areas Of Application: • Bridge Task Application. The Program Is Designed To Simulate Satellite Navigation Systems And Shore-based Radio Navigation Systems; • Data Generated By This Module Are Transmitted To Ecdis, Radar/arpa And Auto-pilot. 1.16.1 Marine Gps Areas Of Application: 1. Automatic And Manual Operation Modes; 2. Position Indication, Geodesic Datum; 3. Waypoint Input And Storage; 4. Dead Reckoning Mode; 5. Steering Data Computation; 6. Man Overboard; 7. Instructor-controlled Faults And Errors: Power Failure. 1.16.2 Ais 1. Manual Data Entry, Updating And Data Retrieval Using The Minimum Ais Display Simulator; 2. Manual Data Entry, Updating And Data Retrieval Using The Ecdis Simulator And/or Radar; 3. Transmission Of Dynamic Information At Intervals Consistent With Applicable Requirements; 4. Periodic Automatic Transmission Of Static Information To Coastal Stations And Other Vessels Equipped With Ais Equipment; 5. Receiving And Processing Information From Coastal Stations And Other Vessels; 6. Sending Response Messages With Minimum Delay To Safety Or High Priority Requests; 7. Transmitting Ais Data Of Target Vessels To Radar Simulator For Display; 8. Transmitting Ais Data Of Target Vessels To The Ecdis Simulator For Display. 1.16.3 Bnwa System 1. Provides Light And Sound Signals To Attract The Attention Of The Officer On Watch And, If The Officer Does Not Respond, To Alert The Simulator Instructor; 2. The Bnwa Simulator Operating Modes, The Sequence Of Light And Sound Signals, And The Characteristics Of The Light And Sound Signals Meet The Requirements Of Imo Resolution Msc.128 (75). 1.16.4 Navigation Echo Sounder 1. Depth Measurement From 1 To 200 M; 2. Audible Alarm When The Vessel Reaches The Target Depth; 3. Manual Depth Setting; 4. Depth Information Display In Two Forms Simultaneously: ◦ In A Graphic Form, Displaying The Depth Profile On The Ship's Path; ◦ In Numerical Form Showing The Current Depth. 1.16.5 Doppler Speed Log 1. Display Of The Vessel’s Speed Relative To Water And Relative To The Ground; 2. Distance Traveled Display; 3. Transmission Of Vessel Speed To Radar, Ecdis And Ais Simulators. 1.16.6 Vdr Remote Alarm Panel The Interval For Recording Various Data, Including Sound, Is As Follows: 1. Radar / Ecdis Video Signals: Every 15 Seconds; 2. Audio Data Of Bridge And Vhf Conversations: In Real Time; 3. Proposals In Iec Format: Upon Receipt; 4. Analog And Digital Data: Every Second. 1.17 Bearing Finder 1. Bridge Task Application. Program Represents A Visual Channel (visual) With A Capability To Accurately Measure The Observation Angle. 2. Telescoping Bearing Sight With Optical Magnification 3. Level Indicator For Horizontal Alignment Of The Bearing Repeater 4. Accuracy Of Azimuth And Elevation Angle Settings Is 0.1degree. 1.18 Pelorus Stand – Bearing Repeater Gyrocompass 1. The Gyrocompass Is Essentially A North-seeking Gyroscope And Which Is Connected By Cables To Gyrocompass Repeater Located Through The Ship. 2. The Pelorus Is A Key Instrument In Piloting The Ship Closed To Shore And Obtaining The True Direction Of Nearby Ships. 3. The Pelorus Is Mounted On The Center Of Bridge Used As The Most Accurate Reference. 1.19 Overhead Display Mode Areas Of Application: • Bridge Task Application. The Program Is Designed For Overhead Display Simulation. • This Module Should Run On Separate Pcs. The Sensor Can Be Set For Each Display And Each Output Type For Single, Dual, Or Triple Display. The Location Of The Displays Can Be Changed And Configured To Match The Display Type. Information Displayed: 1. Engine Load; 2. Engine Rpm; 3. Propeller Pitch; 4. Speed Of Log; 5. Heading; 6. Passed Distance; 7. Vessel Time; 8. Doppler; 9. Rate Of Turn; 10. Rudder Angle; 11. Pitch And Roll; 12. Depth; 13. Wind Speed And Direction. 1.20 Gmdss Operator Module The Gmdss Operator Module Should Simulate The Electromagnetic Environment Affected By: 1. Operator-controlled Radio Stations On Vessels; 2. Coastal Stations; 3. Rescue Coordination Center Radio Stations; 4. Distortion Induced By Propagation Interference. The Software Should Simulate The Operation Of The Following Sailor 6100 Gmdss Devices: 1. Vhf Radio Station With Dsc Vhf, Sailor 6222; 2. Mf/hf Radio Station With Dsc Mf/hf, Sailor 6301; 3. Mf/hf Sailor 6300 Mf/hf Radio Telex; 4. Inmarsat-c Ses, Egc Rx With Lrit And Ssas, Sailor 6110; 5. Inmarsat Fleet Broadband Sailor 250; 6. Iridium Ses Lt-3100s Gmdss Satellite Communication System; 7. Inmarsat-b Ship Earth Station Nera Saturn-b (optional); 8. Inmarsat-fleet 77 Ship Earth Station Nera – F77 (optional); 9. Two Band Receiver Navtex Nx-700a/b, Furuno; 10. Sailor Tr733 2182 Khz Watch Receiver; 11. Cospas-sarsat Epirb Tron 60gps, Jotron; 12. Sart Tron Sart 20, Jotron; 13. Ais Sart Tron Ais Sart; 14. Two-way Vhf Radio Station Tron Tr 30 Gmdss And Maritime Vhf Radio; 15. Vhf Radio For Two-way Communication Between Vessel And Aircraft, Tron Tr 30 Air, Jotron; 16. Mcmurdo Fast Find 220 Plb; 17. Plb Ais Mcmurdo S20; 18. Gmdss Alarm Panel Sailor Ap 6103; 19. Radio Direction Finder Rt-500-m (marine); 20. Power Switchboard Sailor Bp4680; 21. Battery Charger; 22. Virtual Printer. 2.0 Main Instructor Station 2.1 Instructor Station 2.1.1 License Of The Navigation Instructor Navigation Instructor Software Includes: 1. Navigation Instructor 2. Evaluation And Assessment 3. Tug And Mooring 4. Radar/arpa 5. Ecdis (maris 9000ecdis) 6. C-map Electronic Charts 7. Bird Eye Of Instructor 8. Debriefing System 2.1.2 License Of The Gmdss Instructor Gmdds Instructor Software Includes: 1. Gmdss Instructor 2. Group 3. Setup 4. Maps 5. Equipment Status 6. Knowledge Test 7. Estimated Results By The Program 8. Scenario Editor Of The Estimator 9. Software Control Of The Handset 2.1.3 Coastal Radio Stations Coastal Radio Stations Includes: 1. Coastal Radio Stations 2. Sar Coordination Center Radio Stations 3. Radio Disturbances 2.2 Instructor Station Table And Computers 2.2.1 Instructor Station Table Instructor Station Table Specification: 1. Table Size: L 2300 X W 700 X H 750 2. Material: Formica Matt Laminate On Chipboard 3. Laser Printer A4 Colored (w/ 5 Set Of Consumables) 4. Monitor Mounting Brackets 5. Handset 6. Speaker 7. Keyboard & Mouse 8. Chair 2.2.2 Instructor’s Computer Unit 2 Minimum Computer Requirements: 1. Type Of Pc: Desktop With Cooling System 2. Cpu: Intel Core I5 Latest Generation Processor 3. Ram: 8gb 4. Ssd: 250gb M.2 5. Gpu: Rtx 3050 Or Above 6. Keyboard: Wireless 7. Mouse: Wireless 8. Os: Windows Pro 64bits (eng) 2.2.3 Instructor’s Computer Unit 1 Minimum Computer Requirements: 1. Type Of Pc: Desktop With Cooling System 2. Cpu: Intel Core I5 Latest Generation Processor 3. Ram: 8gb 4. Ssd: 250gb M.2 5. Gpu: Rtx 3050 Or Above 6. Keyboard: Wireless 7. Mouse: Wireless 8. Os: Windows Pro 64bits (eng) 2.2.4 Monitor 32” Led Unit 4 Minimum Monitor Requirements: 1. Type: Led 2. Size: 32” 3. Resolution: Full Hd 1920 X 1080 4. Contrast Ratio: 1, 000:1 5. Response Time: 6 Ms 6. Display Port: Hdmi 7. Mount Bracket 2.2.5 Monitor 32” Led Unit 3 Minimum Monitor Requirements: 1. Type: Led 2. Size: 32” 3. Resolution: Full Hd 1920 X 1080 4. Contrast Ratio: 1, 000:1 5. Response Time: 6 Ms 6. Display Port: Hdmi 7. Mount Bracket 2.2.6 Handset Unit 1 Handset Includes: 1. Handset 2. Cradle With A Ptt Switch 3. Usb Interface Board 4. Handset Box 2.2.7 Speaker Unit 1 Speaker Requirements: 1. Type: Desktop 2. Port: Mini Jack 3. Power: Usb 2.2.8 Network Switch Unit 1 Network Switch Specifications: 1. 24 Ports 10/100/1000mbps Rj45 Ports 2.2.9 Cctv Monitoring 1. Network Camera (nvr) 2. (1 Ea) 5mp Fisheye Fixed Dome 3. (9 Ea) Camera W/built In Mic 2.8mm Network Camera 5mp 4. (2 Ea) 6tb Storage 3.0 Main Bridge Simulator 3.1.1   Conning Display Conning Display Software Consisting Of: 1. Main Features A) Rudder Operation Mode Setup B) Rudder Presetting C) Bow & Stern Thruster Presetting D) Autopilot Control E) Signal Response Limit Presetting F) Me Control G) Binocular Initiation H) Observer’s Vision Angle Presetting I) Observer’s Position Presetting J) Sound Signals, Lights & Figures Control K) Anchor Gear, Mooring & Fenders Control L) Tugs Control 2. Information Display A) Propeller Shaft(s) Revolutions Values B) Turning Angle Of Cpp Value C) Rudder Responding Value D) Angle Of Rate Value E) Gyro & Magnetic Compass Course F) Log Speed & Speed Over Ground G) Load Of Bow And Speed Of Stern H) Velocity & Direction Of Wind (true/relative) I) Velocity & Direction Of Stream (current) J) Ship Date & Time K) Traversed Distance L) Depth Under Keel M) Distance From Shore N) Me Loads O) Ship Heel And Trim P) Fire Detection Control System, System Failures Alarms List Q) Vhf Point With A Channel Selector R) Pilot Card, Maneuvering S) Assessment & Vdr T) Arpa Keyboard Control 3.1.2 Radar/arpa Display Radar/arpa Software Consisting Of: 1. Imitating Display Of Jrc Jma 5300 A) Range Scale B) Display Modes: Head Up, North Up, Tm, Rm C) Display Of Charts Of The Region 2. Arpa A) Acquisition Modes B) Target Canceling Modes C) Target Data Output Time D) Target Information E) Visual & Acoustic Alarms F) Cpa, Tcpa Limits Setting G) Trial Maneuver 3. Radar Parameter A) Operating Frequency (s-band, X-band) B) Antenna Rpm (20, 6- Rpm) C) Direction Pattern Width (vertical, Horizontal) D) Antenna Height & Tilt Angle E) Blind Sectors 3.1.3 Ecdis Display Ecdis Software License Consisting Of: 1. Multi Chart Loading 2. Chart Info 3. Chart Orientation (north Up, Head Up, Course Up) 4. Alarms (ais, Anti-grounding, Sensors, Route, Radar/target, Chart Areas,) 5. Ship Motion Data (cog, Sog, Hdg, Log) 6. Erbl For Measuring Bearings And Ranges 7. Two Modes Of Displaying (true, Relative) 8. Mob Mode 9. Routing Planning, Checking And Monitoring 10. Work With Multiple Routes 11. Interface With Position Sensor, Gyro, Log, Echo-sounder, Arpa 12. Radar Overlay 3.1.4 C-map Professional+ C-map Professional+ Is An Innovative And Dynamic Worldwide Vector Chart Database Produced By Jeppesen Marine. Dnv Type Approved Senc Format, Cm-93/3 3.1.5 Bearing Finder Display Bearing Finder Software Consisting Of: 1. Gyro Mode 2. Magnetic Compass Mode 3. Determine The Bearing Control 4. Direction Finder Elevation Control 3.1.6 Navigation Aid Instruments 1. Marine Gnss Gps – Furuno Gp170 Features: A) Automatic And Manual Operation Modes B) Position Readouts, Geodesic Datum C) Way-points Input And Storage D) Dead Reckoning Mode E) Steering Data Computing F) Man Overboard G) Faults And Errors Controlled By The Instructor 2. Ais – Samyung Si-70a Features: A) Automatic Transmission Of Static Information To Coast Stations And Other Vessels With Ais Equipments B) Reception And Processing Of Information From Coastal Stations And Other Vessels C) Sending Response Messages With Minimum Delay To Security Or High Priority Requests D) Target Vessels Ais Data Transmission 3. Bnwa System Furuno Br-5000 Features: A) Provides Light And Sound Signals To Attract The Attention Of The Officer In Charge Of The Watch B) Operation Modes With Imo Resolution Msc.128 4. Echo Sounder – Furuno Fe-800 Features: A) Measurement Of Depths From 1 To 200m B) Ship Exiting To A Given Depth Sound Signal C) Manual Setting Of A Given Depth D) Presentation Of Depth Information Simultaneously On Two Forms: - Graphic Form - Numerically 5. Doppler Speed Log – Furuno Ds-80 Features: A) Display Of The Speed (relative To Water And Relative To Ground) B) Display Of The Distance Traveled 6. Vdr – Furuno Vr-7017 Features: A) Recording Interval Of A Various Data 3.1.7 Overhead Display Overhead Display Software Displays The Following Data: 1. Engine Load 2. Engine Rpm 3. Propeller Pitch 4. Speed Of Log 5. Heading 6. Passed Distance 7. Vessel Time 8. Doppler 9. Rate Of Turn 10. Rudder Angle 11. Pitch & Roll, Depth 12. Speed & Direction Of Wind 3.1.8 Steering Magnetic Compass & Gyro Repeater Steering Magnetic Compass & Gyro Repeater Software Consisting Of: 1. Display Of Magnetic Compass 2. Display Of Gyro Repeater 3.1.9 Steering Display/autopilot Control Steering Display/autopilot Control Features: 1. Hdg – Heading Control Mode 1. Set Heading Display In Degree 2. Set Rot 2. Nav – Waypoint Steering Mode 3. Nfu/fu Control Page A) Nfu Mode: Rudder Angle Is Set Using The Control Keys B) Fu Mode: Entry Of The Target Rudder Angle Value Using The Rotary Knob 4. Track Data – Logging Of The Last Past Minutes 3.1.10 Engine Control Engine Control Software Consisting Of 1. Indicator A) Me Indicator Load B) Me Indicator Rpm C) Pitch Indicator D) Shaft Rpm E) Speed Indicator F) Dead Man Alarm 2. Main Engine Control A) Nfu Control To Switch Steering Modes B) Clutch Control – Engage/de-engage C) Control Location D) Em’cy Stop E) Pitch Control – Local, Pitch Ahead/astern F) Control Mode – Constant/combinat 3. Em’cy Engine Order Telegraph 4. Thruster Control Display 5. Diesel Generators Control 6. Rudder Pumps Control 3.1.11 Gmdss Software Devices Gmdss Software Sailor 6100 Consisting Of: 1) Sailor 6222 Vhf With Dsc 2) Sailor 6300 Mf/hf With Dsc 3) Sailor 6300 Mf/hf With Dsc 4) Sailor 6110 Ses Inmarsat-c Terminal 5) Nera Ses Inmarsat-b Terminal 6) Furuno Navtex Nx-700a 7) Sailor 6100 Battery Panel 8) Sailor 6103 Alarm Panel 9) Sailor 250 Fleet Broadband 10) Radio Direction Finder Rt500m 11) Log Printer 12) Sart 13) Ais Sart 14) Cospas/sarsat 15) Plb 16) Plb Ais 17) Portable Vhf 18) Aero Vhf 19) Ssas 20) Antenna Switchbox 21) 2182 Khz Receiver 22) Irdum 3.1.12 Visualization Software Visualization 3-d Database With A High-resolution True-color Texturing Can Be Displayed. 1) Object Library Includes: A) 3-d Submarine And Above Water Terrain B) Aids To Navigation – Buoys, Lighthouse C) Port Facilities Models – Cranes, Tanks, Chimneys, Elevators, Containers, Vehicles, Towers, Etc. D) Moving Targets E) Unique And Standard Buildings, Monuments Models, Bridges With Night View Representation F) Piers, Jetties, And Bollard Barrels For Mooring Operation Training 2) Own Ships Software: A) Own Ships Mathematical Mode; Based On 6-dof B) Ship Models: Container Carrier, Bulk Carrier, Cruise Ship, Chemical Tanker, Vlcc, Lng Carrier, River-sea Tankers, Cargo, Anchor Tugs, Trawler 3) Target Ships: A) Move Automatically Along The Routes Plotted In An Exercise, Or Controlled By The Instructor B) Effected By Wind, Current And Wave Drift C) Towing And Mooring Functions 3.2 Main Bridge Simulator Consoles And Computers 3.2.1   Main Bridge – Steel Consoles Fabrication Of Main Bridge Consoles Consisting Of: 1) Conning/maneuvering Console 2) Radar Console 3) Ecdis Console 4) Bearing Console 5) Navigation Aid Equipment Console 6) Gmdss Console 7) Steering Stand/console 8) Chart Table 9) Overhead Panel 10) Gyro Repeater With Pelorus Stand 11) Binoculars 3.2.2 Computer For Bridge Consoles Unit 2 Minimum Computer Requirements: 1) Type Of Pc: Workstation With Cooling System 2) Cpu: Intel Core I5 Latest Generation Processor 3) Ram: 8gb 4) Ssd: 250gb M.2 5) Gpu: Rtx 3050 Or Above 6) Keyboard: Wireless 7) Mouse: Wireless 8) Os: Ms Windows Pro 64 Bit 3.2.3 Computer For Bridge Consoles Unit 3 Minimum Computer Requirements: 1) Type Of Pc: Workstation With Cooling System 2) Cpu: Intel Core I5 Latest Generation Processor 3) Ram: 8gb 4) Ssd: 250gb M.2 5) Gpu: Integrated Graphic 750 Or Above 6) Keyboard: Wireless 7) Mouse: Wireless 8) Os: Ms Windows Pro 64 Bit 3.2.4 Monitor 24” Led Unit 8 Minimum Monitor Requirements: 1) Type: Led 2) Size: 24” 3) Resolution: Full Hd 1920 X 1080 4) Contrast Ratio: 1,000:1 5) Response Time: 6 Ms 6) Display Port: Hdmi 7) Mounting Bracket 3.2.5 Engine Control Hardware Set 1 Engine Control System Consisting Of: 1) 8.4” Tft Multi-touch Display Pc 2) Universal Interface Board 3) Engine Control Telegraph 4) Thruster Setter 5) General Alarm Panel 3.2.6 Steering Control Hardware Set 1 Steering Control System Consisting Of: 1) 8.4” Tft Multi-touch Display Pc 2) Universal Interface Board 3) Steering Shaft And Wheel 4) Control Knob Panel 3.2.7 Radar/arpa Keyboard Set 1 Radar/arpa Keyboard Specifications: 1) Usb Interface 2) Console Mount Type 3.2.8 Handset Unit 1 Handset Includes: 1) Handset 2) Cradle With A Ptt Switch 3) Usb Interface Board 4) Handset Box 3.2.9 Speaker Unit 3 Speaker Specifications: 1) Type: Desktop 2) Port: Mini Jack 3) Power: Usb 3.2.10 Gyro Repeater With Pelorus Stand (1set) Gyro Repeater Includes: 1) Bearing Repeater Compass 2) Pelorus Stand 3) Power: 24vd 4) Signal: Rs422 Nmea 3.2.11 Ups 1) (2 Ea) Gxt5 10 Kva 230 V 2) Ratings 10,000 Va / 10,000 W 3) Battery Run Times: 10kva Models 4) Parallel Ports (10kva) 5) Colored Graphic Lcd Display With Gravity Orientation 6) Even High Efficiency Up To 98% In Active Eco Mode 3.3 Visualization Hardware 3.3.1 270° Main Bridge Visual Display Unit 9 270° Main Bridge Visualization Hardware Consisting Of: 1) Visual Display Specifications: A) Size: 65” B) Resolution: Full Hd 1920 X 1080 C) Contrast Ratio: 1, 000:1 D) Response Time: 6 Ms E) Display Port: Hdmi 2) Swivel Mounting Bracket 3) Monitor, Network & Power Cables 4) Mock-up Main Bridge 5) Led (atleast 4k) 3.3.2 Computer For Visualization Unit 5 Minimum Computer Requirements: 1) Type Of Pc: Workstation With Cooling System 2) Cpu: Intel Core I5 Latest Generation Processor 3) Ram: 8gb 4) Ssd: 250gb M.2 5) Gpu: Rtx 3050 Or Above 6) Os: Ms Windows Pro 64bit 3.3.3 Speaker With Subwoofer Set 1 5.1 Channel Sound System Specification: 1) Interface With Visual Pc 2) Realization Of 3d Sound Effect System 4.0 Mini Bridges Simulator 4.0 Auxiliary Bridge Simulator Set 6 4.1 Auxiliary Bridge Simulator Software 4.1.1 Conning Display Conning Display Software Consisting Of: 1) Main Features Rudder Operation Mode Setup 1. Rudder Presetting 2. Bow & Stern Thruster Presetting 3. Autopilot Control 4. Signal Response Limit Presetting 5. Me Control 6. Binocular Initiation 7. Observer’s Vision Angle Presetting 8. Observer’s Position Presetting 9. Sound Signals, Lights & Figures Control 10. Anchor Gear, Mooring & Fenders Control 11.tugs Control 2) Information Display 1. Propeller Shaft(s) Revolutions Values 2. Turning Angle Of Cpp Value 3. Rudder Responding Value 4. Angle Of Rate Value 5. Gyro & Magnetic Compass Course 6. Log Speed & Speed Over Ground 7. Load Of Bow And Speed Of Stern 8. Velocity & Direction Of (true/relative) 9. Velocity & Direction Of Stream (current) 10 .ship Date & Time 11. Traversed Distance 12. Depth Under Keel 13. Distance From Shore 14. Me Loads 15. Ship Heel And Trim 16. Fire Detection Control System, System Failures Alarms List 17. Vhf Point With A Channel Selector 18. Pilot Card, Maneuvering 19. Assessment & Vdr 20. Arpa Keyboard Control 4.1.2 Radar/arpa Display Radar/arpa Software Consisting Of: 1) Imitating Display Of Jrc Jma 5300 A) Range Scale B) Display Modes: Head Up, North Up, Tm, Rm C) Display Effects: Target Trials, Echo, Zoom D) Display Of Charts Of The Region 2) Arpa A) Acquisition Modes B) Target Canceling Modes C) Tracking Data Output Time D) Target Information E) Visual & Acoustic Alarms F) Cpa, Tcpa Limits Setting G) Trial Maneuver 3) Radar Parameter A) Operating Frequency (s-band, X-band) B) Antenna Rpm (20, 60 Rpm) C) Direction Pattern Width (vertical, Horizontal) D) Antenna Height & Tilt Angle E) Blind Sectors 4.1.3 Ecdis Display Ecdis Software License Consisting Of: 1) Multi Chart Loading 2) Chart Info 3) Chart Orientation (north Up, Head Up, Course Up) 4) Alarms (ais, Anti-grounding, Sensors, Route, Radar/target, Chart Areas…) 5) Ship Motion Data (cog, Sog, Hdg, Log) 6) Erbl For Measuring Bearings And Ranges 7) Two Modes Of Displaying (true, Relative) 8) Mob Mode 9) Routing Planning, Checking And Monitoring 10) Work With Multiple Routes 11) Interface With Position Sensor, Gyro, Log, Echo-sounder, Arpa 12) Radar Overlay 4.1.4 C-map Professional+ C-map Professional+ Is An Innovative And Dynamic Worldwide Vector Chart Database Produced By Jeppesen Marine. Dnv Type Approved Senc Format, Cm-93/3 4.1.5 Overhead Display Overhead Display Software Displays The Following Data: • Speed Of Log • Vessel Time • Rate Of Turn • Rudder Angle • Speed & Direction Of Wind 4.1.6 Steering Display/autopilot Control Steering Display/autopilot Control Features: • Hdg – Heading Control Mode ◦ Set Heading Display In Degree ◦ Set Rot • Nav – Waypoint Steering Mode • Nfu/fu Control Page ◦ Nfu Mode: Rudder Angle Is Set Using The Control Keys ◦ Fu Mode: Entry Of The Target Rudder Angle Value Using The Rotary Knob • Track Data – Logging Of The Past Minutes 4.1.7 Engine Control Engine Control Software Consisting Of: A. Indicator 1. Me Indicator Load 2. Me Indicator Rpm 3. Pitch Indicator 4. Shaft Rpm 5. Dead Man Alarm B. Main Engine Control 1. Nfu Control To Switch Steering Modes 2. Clutch Control – Engage/de-engage 3. Control Location 4. Em’cy Stop 5. Pitch Control – Local, Pitch Ahead/astern 6. Control Mode – Constant/combinat C. Em’cy Engine Order Telegraph D. Thruster Control Display E. Diesel Generators Control F. Rudder Pumps Control 4.1.8 Steering Magnetic Compass & Gyro Repeater Steering Magnetic Compass & Gyro Repeater Software Consisting Of: 1) Display Of Magnetic Compass 2) Display Of Gyro Repeater 4.2 Auxiliary Bridge Simulator Hardware Set 6 4.2.1 Mini Bridge – Steel Consoles Set 6 Fabrication Of Main Bridge Consoles Consisting Of: 1) Conning/maneuvering Console 2) Radar Console 3) Ecdis Console 4.2.2 Computer For Operator Unit 12 Minimum Computer Requirements: 1) Type Of Pc: Workstation With Cooling System 2) Cpu: Intel Core I5 Latest Generation Processor 3) Ram: 8gb 4) Ssd: 250gb M.2 5) Gpu: Rtx 3050 Or Above 6) Keyboard: Wireless 7) Mouse: Wireless 8) Os: Ms Windows Pro 64 Bit 4.2.3 Monitor 24” Led Unit 24 Speaker For Visual Sound Output: 1) Type: Desktop 2) Port: Mini Jack 3) Power: Usb 4.2.4 Network Switch Unit 1 Network Switch Specifications: 1) 24 Port 10/100/1000mbps Rj45 Ports 2) Plug And Play Network Switch 4.2.5 Engine/steering Control Hardware Set 6 Engine Control System Consisting Of: 1) 8.4” Tft Multi-touch Display Pc 2) Universal Interface Board 3) Engine Control Telegraph 4) Thruster Control 5) General Alarm Panel 6) Control Knob Panel 7) Steering Shaft And Wheel 4.2.6 Ups 1) (6 Ea) Gxt 2 Kva 230 V 2) Ratings 2,000 Va / 1800 W 3) Battery Run Times: 2 Kva Models. 4) Parallel Ports (2kva) 5) Colored Graphic Lcd Display With Gravity Orientation 6) Even High Efficiency Up To 98% In Active Eco Mode 4.0   Visualization Hardware 4.3.1 40 ﾟ Aux Bridge Visual Display Unit 6 4.3.1 40 ﾟ Aux Bridge Visual Display (x6ea) 40 ﾟauxiliary Bridge Visualization Hardware Consisting Of: Visual Displays Specifications: 1) Size: 65” 2) Resolution: Full Hd 1920 X 1080 3) Contrast Ratio: 1,000:1 4) Response Time: 6 Ms 5) Display Port: Hdmi 6) Visual Display Mounting Bracket 7) Monitor, Network & Power Cables 8) Led (atleast 4k) 4.3.2 Computer For Visualization Unit 6 Minimum Computer Requirements: 1) Type Of Pc: Workstation With Cooling System 2) Cpu: Intel Core I5 Latest Generation Processor 3) Ram: 8gb 4) Ssd: 250gb M.2 5) Gpu: Rtx 3050 Or Above 6) Os: Ms Windows Pro 64 Bit 4.3.3 Speaker Unit 6 Speaker For Visual Sound Output: 1) Type: Desktop 2) Port: Mini Jack 3) Power: Usb 4.4 Debriefing Room 4.4.1 Tv Monitor 1) Size: At Least 77" 2) Smart Tv 3) Led (atleast 4k) 4) Wall Mounted. 5) Wireless Hdmi Transmitter And Receiver 4k 5.0 Server Rack, Door Access 1) (1 Ae) 32u Data Server Rack 2) (2 Ae) Patch Panel 24 Ports│19inches│cat6│for Gigabit Network, Ethernet, And Fast Ethernet│patch Panel 24p 3) Data Cabinet Shelf │shelves For 42u 600*1000mm Server Rack Cabinet│rack Shelf Size: 485*650mm 4) Power Distribution Unit (pdu) Power Strip Unit For Data Cabinet Rack High Quality 8 Gang Other Requirements: 1. Implementation A) A 3-years Warranty For The Computer Hardware And Console Peripherals. B) The Software Comes With A 3-year Warranty Inclusive Of New Updates. C) The Project Will Be Implemented Within 150 Calendar Days. Liquidating Damages Will Be Applicable For Any Delays. D) A Comprehensive Guide Will Be Provided, Offering Detailed Instructions On System Operation And Maintenance Activities, Facilitating Ease Of Use And System Upkeep. E) Onsite Training Sessions Will Be Conducted By Certified Instructors And Technical Experts, Facilitating Smooth Knowledge Transfer And Ensuring Proficient System Operation. Certificates Will Be Provided Upon Completion Of Training Sessions. F) Structured Cabling Standards To Establish A Reliable And Efficient Network Infrastructure. 1. The Simulator Manufacturer/supplier Should Be An Iso Certified Business. The Simulator Should Be Dnv-gl/ Class Nk Certified And May Also Certified By National Authorities Of United Kingdom And Russia. 2. The Supplier Shall Conduct An Annual Face-to-face Maintenance Session To Ensure The System's Optimal Functionality And Performance. 3. The Supplier Must Resolve Any Software Or Hardware Issues Within 2 To 5 Business Days Of Their Occurrence To Minimize Downtime And Disruptions. 4. All Hardware Installations Must Adhere To Software Specifications To Guarantee Seamless Integration And Operation. 5. The Hardware Must Provide Accommodate Software Updates, Including Patches, Bug Fixes, Feature Enhancements, And Security Updates, Without Significant Performance Degradation Or Compatibility Issues. 6. The Computer Hardware Supplied Must Be Sourced From Proven Technology Hardware Companies, Quality And Performance Standards To Ensure Optimal Functionality And Compatibility With The Software. 7. Bidders Are Required To Offer Continuous Retraining Sessions Free Of Charge During The Warranty Period To Ensure Users' Proficiency With The System. 8. Bidders Must Submit A 100% Credit Line Certificate Equivalent To The Approved Budget Ceiling To Demonstrate Financial Capability And Commitment. 9. Bidders Should Provide Manufacturer Authorization Or Exclusivity Certificate To Ensure The Authenticity And Legality Of The Supplied Products. 10. The Bidder Is Responsible For Performing A Thorough Site Inspection, And A Site Inspection Certificate Issued By The Agency Shall Be Submitted As Part Of The Eligibility Requirements. 11. The Bridge Simulator Is Ready For Seamless Integration With The Future Engine Simulator, Ensuring Compatibility And Functionality. 12. The Seven (7) Stations Can Connect And Enable Them To Interact With Each Other In A Coordinated Scenario. Part Ii. Other General Requirements Project Billboard/signboard Ea. 1 Occupational Safety And Health Program L.s 1 Mobilization/demobilization L.s 1 Part Iii. Civil, Mechanical, Electrical, & Sanitary/plumbing Works Part A. Earthworks Removal Of Structures And Obstruction L.s 1 Part C. Finishings And Other Civil Works Wall, Wood Frame, Fiber Cement Board 6mm M² 68.4 Tempered Glass Door, 12mm, Reflective M² 30.96 Aluminum Glass Window M² 24.84 Doors (flush) M² 4.2 Acoustical Ceiling Panel M² 32.87 Painting Works, Masonry/concrete M² 745.2 Painting Works, Wood M² 8.4 150mm Chb Nonload Bearing(including Reinforcing Steel) M² 4 Plain Cement Plaster Finish M² 61.3 Carpet Floor Tiles M² 33.75 Part D. Electrical Panelboard With Main And Branch Breakers L.s 1 Wires And Wiring Devices L.s 1 Network Cabling L.s 1 Door Access And Card Reader System L.s 1 Part E. Mechanical Airconditioning, Package/split Type L.s 1

Details: Description Quantity Unit Item Description Lot Full Mission Bridge Simulator Dnv Class A 1 1.1 Features And Application The Bridge Simulator Should Provide A Realistic, Ship-like Environment Based On Real Hardware Consoles And High- Quality Visualization. The Systems Include Major Components Such As Conning, Radar/ Arpa And Ecdis, Gmdss, Navigation Equipment, Bearing Finder, Steering Control Console, Engine Control, Auto Pilot System, Overhead Display, Etc. The Simulator Can Be Utilized To A Variety Of Navigation Techniques Under Different Environmental Conditions, Serving A Wide Range Of Purposes As Follows: 1. Control Of The Ship While Navigating In The Operational And Emergency Modes In Various Weather Conditions With The Possibility Of Setting Wind And Current Parameters; 2. Analysis Of The Above-water Situation In Day And Night Conditions; In Poor Visibility By Visible Navigation Lights And Information Received From Radar/ Arpa; 3. Use Of The Electronic Chart-based Navigational Information System (ecdis); 4. Practical Use Of Radio Equipment And Global Maritime Distress And Safety System (gmdss) Facilities; 5. Application Of The International Regulations For Preventing Collisions At Sea; 6. Ship Control During Anchoring And Mooring; 7. Ship Control During Towing Operations; 8. Ship Control During Maneuvers "man Overboard"; 9. Rational Methods Of Ship Control In Case Of Main Engines (me) And Ship And Navigation Equipment Failures During Movement; 10. Eye Survey Of Above-water And Radar Situation, Determination Of Vessel Movement Elements; 11. Navigational Situation Assessment By Visual Observation During Day Time, By Lights At Night Time And By Observation Of Transmission Of Echo Signals On Ppi Simulators In Conditions Of Limited Visibility; 12. Visual Determination Of Vessel Movement Patterns, Maneuvering Capabilities And Dimensions; 13. Selection And Execution Of Collision Avoidance Maneuvers In Open Sea, During Night And In Limited Visibility Conditions Using Radar/arpa; 14. Evaluation Of Accuracy Of Primary And Secondary Information Received From Arpa, Consideration Of Factors Affecting Accuracy Of Arpa And Delay In Formation Of Secondary Radar Information; 15. Orientation Of Ships In Complex Navigation Conditions In Daytime And Nighttime And In Conditions Of Limited Visibility; 16. Use Of Ecdis For Preliminary And Executive Plotting, Practicing Correct Response To Emergency Signals Produced By Ecdis, Solution Of Chart-metric Tasks And Ensuring Safety Of Navigation With The Use Of Information Received From Ecdis; 17. Use Of Basic Capabilities Of Marine Mobile Service And Marine Mobile Satellite Service. 1.2 The Bridge Simulator Can Be Used For The Stcw Convention Competency Requirements And Simulation Objectives. The Following Are The Items Of Navigator Competence Related To Navigation Bridge Operations That Can Be Evaluated Using The Bridge Simulator. In Addition, The Following International Standards Have Been Considered In The Development Of The Full Mission Ship Control Simulator: Stcw Reference/competence Item/module Used Table A-ii/1.1 Plan And Execute A Passage And Determine Vessel’s Location Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Main Instructor Control And Monitoring. Table A-ii/1.2 Maintain A Safe Navigational Watch Ship Motion Simulation. Conning Display And Ship Hardware Controls. Visualization Channel. Ecdis Module. Main Instructor Control And Monitoring. Evaluation And Assessment Module. Table A-ii/1.3 Use Radar And Arpa To Maintain Navigational Safetys Hip Motion Simulation. Conning Display And Ship Hardware Controls. Radar/arpa Imitator. Main Instructor Control And Monitoring. Table A-ii/1.4 Use Ecdis To Maintain Navigational Safetys Hip Motion Simulation. Conning Display And Ship Hardware Bearing Station. Radar/arpa Imitator. Navaids Simulation Module. Ecdis Module. Main Instructor Control And Monitoring. Table A-ii/1.5 Respond To Emergencies Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls (alarms Panels). Table A-ii/1.6 Respond To A Distress Signal At Sea Main Instructor Control And Monitoring. Gmdss Support Module. Navaids Simulation Module (ais). Conning Display And Ship Hardware Controls. Radar/arpa. Ecdis Module. Audio Logger. Table A-ii/1.8 Transmit And Receive Information By Means Of Visual Signals Main Instructor Control And Monitoring. Ship Motion Simulation. Visualization Channel. Signaling System. Conning Display. Table A-ii/1.9 Maneuver The Ship Main Instructor And Monitoring. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-ii/2.1 Plan Voyage And Navigatem Ain Instructor Control And Monitoring. Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Table A-ii/2.2 Determine Position And Accuracy Of Resulting Position Fixes By Any Means Ship Motion Simulation. Visualization Channel. Bearing Station. Radar/arpa Imitator. Navaids Simulation Module. Ecdis Module. Main Instructor Control And Monitoring. Table A-ii/2.3 Determine And Consider Compass Errors Main Instructor Control And Monitoring. Ship Motion Simulation. Visualization Channel. Bearing Station. Conning Display. Table A-ii/2.4 Coordinate Search And Rescue Operations Main Instructor Control And Monitoring. Gmdss Support Module. Sound System. Visualization Channel. Radar/arpa Imitator. Conning Display. Table A-ii/2.5 Establish Watchkeeping Procedures And Arrangements Main Instructor Control And Monitoring. Ship Motion Simulation. Exchange Data Module For Ibs. Conning Display And Ship Hardware Controls. Gmdss Support Module. Sound System. Visualization Channel. Radar/arpa Imitator. Navaids Simulation Module (gps/dgps, Loran-c, Ais, Ssas). Ecdis Module. Audio Logger. Table A-ii/2.6 Maintain Navigational Safety By Using Information From Navigational Equipment And Systems To Aid In Command Decision Makingm Ain Instructor Control And Monitoring. Ship Motion Simulation. Radar/arpa Imitator. Navaids Simulation Module (gps/dgps, Loran-c, Ais). Ecdis Module And Ecs Radar Overlay. Conning Display And Ship Hardware Controls. Audio Logger. Table A-ii/2.7 Maintain Navigational Safety By Using Ecdis And Related Navigational Systems To Aid In Command Decision Makinge Cdis Module. Navaids Simulation Module. Ship Motion Simulation. Main Instructor Control And Monitoring. Table A-ii/2.10 Maneuver And Handle The Vessel In All Conditions Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-ii/2.11 Remote Control Of Power Plant And Engineering Systems And Services Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Main Engine Control Module. Auxiliary Systems Module. Evaluation And Assessment Module. Table A-ii/3.1 Plan And Execute Coastal Passages And Determine Position Ecdis Module. Navaids Simulation Module. Ship Motion Simulation. Main Instructor Control And Monitoring. Table A-ii/3.2 Maintain A Safe Navigational Watch Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Visualization Channel. Ecdis Module. Main Instructor Control And Monitoring. Evaluation And Assessment Module. Table A-ii/3.3 Respond To Emergencies Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls (alarm Panels). Table A-ii/3.4 Respond To A Distress Signal At Sea Main Instructor Control And Monitoring. Gmdss Support Module. Navaids Simulation Module (ais). Conning Display And Ship Hardware Controls. Radar/arpa. Ecdis Module. Audio Logger. Table A-ii/3.5 Maneuver The Vessel And Operate Small Ship Power Plants Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-ii/4.1◻operate The Ship And Follow The Helmsman’s Orders In Englishm Ain Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-ii/4.2 Monitor The Situation With Sight And Hearing. M Ain Instructor Control And Monitoring. Visualization System. Sound System. Evaluation And Assessment Module. Table A-ii/5.2 Participate In Berthing, Anchoring And Other Moorings Main Instructor Control And Monitoring. Anchoring Module. Mooring Module. Evaluation And Assessment Module. Table A-v/4-1.2 Monitor And Enforce Compliance With Legal Requirements Main Instructor Control And Monitoring. Evaluation And Assessment Module. Evaluation And Assessment Module. Table A-v/4-1.3 Apply Safe Work Practices, Respond To Emergencies Main Instructor Control And Monitoring. Ship Motion Simulation. Conning Display And Ship Hardware Controls. Evaluation And Assessment Module. Table A-v/4-1.4 Ensure Compliance With Pollution Prevention Requirements And Prevent Environmental Hazards Main Instructor Control And Monitoring. Conning Display And Ship Hardware Controls. Engine Control Multi Touch Display. Evaluation And Assessment Module. Table A-v/4.2.3◻maintain The Safety Of The Ship’s Crew And Passengers And Maintain Life- Saving, Firefighting, And Other Safety Systems In Good Working Order. Main Instructor Control And Monitoring. Conning Display And Ship Hardware Controls. Engine Control Multi Touch Display. Steering Multi Touch Display For Control Of Autopilot And Steering. Evaluation And Assessment Module. In Addition, The Following International Standards Have Been Considered In The Development Of The Full Mission Ship Control Simulator: 1. International Regulations For Preventing Collisions At Sea, 1972; 2. International Convention On The Safety Of Life At Sea, 1974; 3. International Convention On Standards For Training, Certification And Watchkeeping, 1978, 1995 As Amended In 2010; 4. Automatic Radar Plotting Aids Course. Regulations And Guide (department Of Trade, London 1981); 5. I Mo Resolution A. 477(12). Performance Standards For Radar Equipment. Adopted On November 19, 1981; 6. Imo Resolution A. 482(12); 7. Imo Resolution A. 483(12); 8. Imo Resolution A. 823(19). Performance Standards For Automatic Radar Plotting Aids. Adopted On November 23, 1995; 9. Imo Resolution Msc64(67). Recommendation On Performance Standards For Radar Equipment. Adopted On December 04, 1996. 10. Imo Resolution Msc232(82). Adopted On December 05, 2006. 1.3 Ship Motion Simulation Software The Ship Motion Simulation Program Contains Simulations Of Various Effects That Cannot Be Evaluated Separately From The Functionality Of A Particular Configuration: 1. Own Ships Motion; 2. Target Ships Motion; 3. Own Tugs Motion; 4. Target Tugs Motion; 5. Mooring And Towing Lines; 6. Rescue Objects; 7. Land Objects; 8. Scene Objects; 9. Weather Effects; 10. Miscellaneous. General: 1. 6 Dof Ship Motion Equation; 2. Hull Hydrodynamics Model; 3. Hull Aerodynamics Model; 4. Propulsion Plant Model; 5. Thruster Model; 6. Rudder Model; 7. Engine Model; 8. Model Of The Environmental Influence (wind, Sea, Current); 9. Shallow Water Influence Model; 10. Roll/pitch Wave Model; 11. Model Of The Distributed Current Effect; 12. Model Of Hydrodynamic Interaction With Another Ship And Water Area Boundary; 13. Multi-functional Autopilot Model; 14. Displacement Ship And Tug Models; 15. Optional: The Following Types Of Passive Vessel And Aerial Target Models: Hovercraft, Hydrofoils, Airplanes And Helicopters; Models Are Based On Real Prototypes And Adjusted Based On Sea And Tank Tests Data. Forces: 1. Forces And Moments Of Hydrodynamic And Aerodynamic Resistance Of The Ship’s Hull; 2. Force And Moment Of Impinging Flow On The Rudder Plane; 3. Force And Moment Of The Propeller; 4. Forces And Moments Of Bow And Stern Thrusters; 5. Forces And Moments Of Hydrodynamic Interaction With Other Vessels And Water Area Boundaries (bottom, Shoal, Canal, Walls); 6. Wind Forces And Moments; 7. Forces And Moments Of Field Currents. Effects: 1. Effect Of Shallow Water On Hull Drag Force (added Mass); 2. Effect Of Shallow Water On Reduction Of Propeller Thrust; 3. Effect Of Shallow Water On Reduction Of Steering Capacity; 4. Effect Of Shallow Water On Trim And Bank Changes; 5. Hydrodynamic Forces And Moments Caused By Passing Near Other Ships And Water Area Boundaries (uneven Seabed, Shoal, Mooring Wall); 6. Hydrodynamic Forces Caused By The Propeller Jet Of Another Vessel; 7. Vessel Suction Caused By The Impact Of The Propeller Jet On The Mooring Wall; 8. Mechanical Forces And Moments Caused By Interaction With Other Ships And Water Area Boundaries (mooring Walls); 9. Ship Collision; 10. Collision Between Ship And Mooring Walls Or Aids To Navigation; 11. Hard Grounding; 12. Soft Grounding. Propulsion Types: 1. Fpp; 2. Cpp; 3. Tunnel Thruster. Engines: 1. Low And Medium Rpm Reversible Diesel Engine (reversing With Compressed Air); 2. Medium And High Rpm Non-reversible Diesel Engine (reversing With Reversing Clutch) Steering Systems: 1. Balance Rudder 2. Steering Nozzzle 3. Z-drive 1.4 Ship Models The Bridge Simulator, Six Degrees Of Freedom Models Are Provided Not Only For Own Ship, But Also For Target Ships. Mathematical Modeling Of The Motion Of Each Ship Should Be Based On Integration Of A System Of Up To 12 Differential Equations Describing The Spatial Motion Of A Solid Body With 6 Degrees Of Freedom In A Fluid. 1. Wind Effect Modeling Includes: 2. Calculations Of Wind Center And Area Varying With Roll/pitch; 3. Calculations Of Forces And Moments As Wind Speed And Relative Bearing Change; 4. Calculations Of Resistance To These Forces Exerted By The Underwater Part Of The Ship's Hull. 5. Wave Effect Modeling Includes The Following Calculations: 6. Surge; 7. Sway; 8. Heave; 9. Yaw; 10. Roll; 11.p Itch. 12. Current Effect Modeling Includes: 1. Calculations Of The Instantaneous Value Of The Total Current Vector And Its Application Point In The Underwater Part Of The Ship's Hull; 2. Calculation Of The Corresponding Force And Its Momentum; 3. Calculation Of Water Resistance To This Force From The Opposite Board. Shallow Water Effect Modeling Includes: 1. Speed Reduction Calculations; 2. Calculations Of Deterioration Of Turning Characteristics; 3. Calculations Of Trim Changes Depending On The Ship's Speed And Depth Under The Keel (squat). Bank Effect (in General The Channel Walls) Simulation Consists Of The Following Calculations: 1. The Gradient Of The Bottom Rise In The Direction Of The Ship's Motion 2. Additional Arising Water Pressure Fields On The Ship's Hull; 3. Corresponding Total Forces And Moments. Modeling The Effects Of Interaction With Another Includes The Following Calculations: 1. Increased And Weakened Water Pressure Fields Occurring Around The Hulls Of Both Ships As A Function Of Approach Distance And Relative Speed; 2. Corresponding Total Forces And Moments, As Well As Their Application Points. The Library Of Own Ship Mathematical Models Should Include 55 Active Ships And Simulates The Movement Of Up To 100 Target Ships (60 Different Types, Jet Foil Hovercraft Helicopters And Airplanes) That Are Suitable For Training Purposes. The Library Of Own Ship Mathematical Models For The Bridge Simulator Should Include Tug Models That Realistically Simulate Tug Assistance When Maneuvering And Escorting. Tugs Can Be Controlled By The Instructor (automatically) And The Operator. The Simulator Includes The Ability To Simulate Pulling, Pushing, Reposition Towing And Escorting. The Tug Model Is Affected By The Own Vessel’s Speed, And As Such, Includes A Degradation Of Performance Depending On The Type Of Tug Being Simulated. It Is Possible To Work With Both Conventional And Tractor Tugs With Different Characteristics And Response Times. 1.5. The Bridge Simulator Visual System The Visual System Has An Optional Bird’s Eye Or Normal View, And The Operator’s Visual System Has A Normal View. In The Window The Instructor Can Move The Camera And Set The Yaw And Height Of The Camera. The Operator Can Activate The Binocular Mode In The Visualization System And Control The Zoom Factor, The Direction Along The Horizon And The Vertical View Of The Flight. Visual Scene Content: 1. 3 D Terrestrial Surface; 2. Controlling The Binoculars' Focal Length Settings; 3. Static Shore Objects; 4. Dynamic Coastal Objects (cranes, Vehicles, Trains, Radar Antenna Units); 5. Exercise Objects (ships, Tugboats, Helicopters, Aircrafts, Barges, Bollards, Mooring And Towing Lines, Ground Objects, Buoys); 6. Sar Objects (life Raft, Life Buoy, Mob, Sart, Helicopters, Aircrafts, Floating Debris, Damaged Tanker, Dye Marker, Oil Slick), International Flags And Pennants, Distress Signals (rockets, Parachute, Red Flare, Buoyant Smoke); 7. Aids To Navigation (buoys, Lighthouses); 8. Lights (navigational, Cultural Lights); 9. Visual Effect Of Icing; 10. Detailed Own Ship’s Bow; 11. Shadows For Vessels And Scene Objects. Sky: 1. Display Of Stars, Major Asterisms, The Moon, The Sun (according To Time Of Day And Geographic Coordinates), Clouds. Sea: 1. 3d Wavy Sea Surface; 2. Ripples; 3. Reflection Of The Sky, Sun, Clouds In The Sea; 4. Water Disturbances: Wake, Bow Waves, Foam From Breaking Waves. Weather 1. Precipitation; 2. Fog; 3. Rain Clouds; 4. Lightnings. 5.  Ice 1.6 Environmental And Weather Training The Bridge Simulated Environment Consists Of: 1. Region State Window; 2. Depth Set; 3. Stream; 4. Ground Quality; 5. Wave Condition; 6. Setting The Course And Speed Of Wind; 7. Setting The Strength Of The Sea Disturbance; 8. Setting Visibility Distance; 9. Setting Local Time; 10. Changing The Reflection And Color Of The Water; 11. Changing The Intensity Of Rain, Snow, Thunderstorm And Global Cloud Cover; 12. Setting Coordinates, Heading Speed And Density Of Falls And Clouds. 1.7 Operation Training The Bridge Simulator Shall Allow For Training And Certification Of Watch Officers, Chief Officers, Captains, And Pilots Serving On Commercial And Fishing Vessels Of 500 Gross Tonnage Or More In Accordance With The Requirements Of The Imo Stcw Convention And Model Courses: • 1.07 – Radar Navigation, Radar Plotting And Use Of Arpa; • 1.08 – Radar, Arpa, Bridge Teamwork And Search & Rescue; • 1.22 – Ship Simulator And Bridge Teamwork; • 1.27 – Operational Use Of Electronic Chart Display And Information System (ecdis); • 1.32 – Operational Use Of Integrated Bridge System; • 1.34 – Operational Use Of Ais; • 2.02 – Maritime Sar Coordinator; • 3.11 – Marine Accident And Incident Investigation With Compendium; • 3.19 – Ship Security Officer; • 3.23 – Actions To Be Taken To Prevent Acts Of Piracy And Armed Robbery; • 7.01 – Master And Chief Mate; • 7.03 – Officer In Charge Of Navigational Watch; • 7.05 –7.06 – Officer In Charge Of Navigational Watch Of Fishing Vessel; • 1.25 – General Operator’s Certificate For The Gmdss; • 1.26 – Restricted Operator’s Certificate For The Gmds 1.8 Operating Environment The Bridge Simulator Shall Contain 40 Sailing Areas As Well As Sub-tasks For Each Area. This Makes It Possible To Control The Motion Of All Active And Target Ships. The Simulator Should Be Designed To Manage The Training Complex, Create (design) The Exercises, Perform The Exercises In Real Time, Monitor The Exercise Execution By Operator Workstations, Change Environmental Conditions And Sailing Circumstances, Enter The Own Ship Failure Variables, Documenting And Archiving The Position And Activity Of The Ship Involved In The Exercise. 1.9 Simulated Exercise Areas Detailed 3-d Databases With High-resolution True-color Textures Can Be Displayed By Visualization Systems. The Spatial Terrain, 3-d Radar Model And Floating Object Models Support Water Level Modeling (tidal Effect). The Database Can Include Over 1000 Models Navigational, Cultural, And Industrial Objects And Consists Of More Than 500,000 Triangles. The Databases Should Be Supplied With A Set Page | 24 Technical Description Of Enc Vector Electronic Charts Matching The Database Content For Display On Ecdis And The Instructor Workstation. The Exercise Areas Shall Include But Not Limited To: 1. Harbours 2. Channels 3. Approaches 4. Open Sea 5. Rivers 6. Canals Possible Applications (but Not Limited To Those Listed): • Pilot Training; • Mooring Training; • General Navigation Training; • Ice Navigation Training; • Consulting And Port Construction; • Demonstration And Gaming Purposes; Object Library May Include (but Not Limited To Those Listed): • 3-d Underwater And Surface Terrain; • Aids To Navigation: Buoys, Lighthouses With Light Characteristics According To The British Admiralty List Of Lights And Vector Electronic Chart, Unique Labels (numbering), Shapes (top Marks), Audio Signals And Radar Beacons; • Models Of Port Facilities – Cranes, Tanks, Chimneys, Elevators, Containers, Vehicles, Towers Etc. (from A Library Of More Than 500 Objects); • Moving Targets. • Unique And Standard Models Of Buildings And Monuments, Bridges With A Night View Representation. • Piers, Jetties, And Bollard Barrels For Mooring Training. Exercise Areas For The Radar And Visualization Scenes Should Be Available From The Areas Library. 1.9.1 Sample Exercise Areas 1. Rostock, Germany 2. Bosphorus Strait, Turkey 3. Strait Of Gibraltar 4. Tangier, Morocco 5. Accra Tema, Ghana 6. Tokyo, Japan 7. Jakarta, Indonesia 8. Singapore, Singapore 9. Vungtau Thivai, Vietnam 10. Conakry, Guinea 11. St. Petersburg, Russia 12. Kozmino, Russia Based On Common Proved Excercises Due To Sailing Routes: Europe: English Channel E+w, Europort, Dover Strait, Algeciras, Danish Strait, Antwerp, Rotterdam Middle East: Suez Canal + Gulf, Hormuz Strait Africa: Tema, Apapa, Cape Town Americas: New York, Houston, Montreal, Great Lakes, Hudson, Mississippi, Panama Canal Asia: Singapore, Shanghai, Malacca Str, Manila Oceania: Sydney, Fremantle, Melbourne, Brisbane, Adelaide 1.10 Instructor Workstation The Instructor Workstation Is An Integral Part Of The Simulator And Is Designed To Control The Training Complex, Design (develop) Exercises, Perform Exercises In Real Time, Control Exercise Performance By Trainees, Change Environmental Conditions And Sailing Circumstances, As Well As Enter Own Ship Failure Variables, Document, And Archive The Position And Activity Of The Ship Involved In The Exercise. The Instructor Station Software Should Contain Navigation Areas As Well As Sub-tasks For Each Area, Allowing The Control Of All Active Vessels And Target Ships. 1.10.1 Main Instructor Control And Monitoring Module The Software Modules Should Provide A Possibility To Flexibly Configure The Required Bridge Configuration. General: 1. An Integrated Application For Exercise Editing, Conducting And Debriefing; 2. Highly Accurate Data Representation Based On Vector Diagrams (ability To Automatically Load All Diagrams Related To The Selected Game Area); 3. Tools For Creating Exercises And Automatic Competency Assessment Scenarios; 4. Control Of Simulator Session(s); 5. Continuous Automatic Recording Of Data During Exercise (main, Audio And Video Log Files); 6. Real Time, Slow Time, And Fast Time Modes; 7. Ability To Display And Print A New Pilot Card And A Table Of Maneuvering Characteristics Of The Ship; 8. Working With Measuring Tools: • Ability To Set Erbl; • Ability To Attach, Move Or Delete Erbl During An Exercise; 9. Ability To Attach Sart To The Life Raft; 10. Ability To Move Own Ship During Exercise Without Grounding Or Collision; 11. Ability To Apply Virtual Tug Force To 8 Points Of The Vessel’s Hull In Any Direction; 12. Display Of Actual Ship's Contours; 13. Continuous Display Of Parameters Of Vessel Movement And Environment Conditions: Course And Speed Of The Vessel, Course Over The Ground, Transversal Component Of Speed On The Bow And On The Stern, Gyro Heading, Rate Of Turn, Speed And Direction Of The Current And Wind, Height And Direction Of A Wave, Depth; 14. Independent Instructor Control For Wind And Swell Components Of The Wave; 15. Ability To Set Sea State Spectrum: • Pierson-moskowitz; • Phillips; • Ittc (international Towing Tank Conference); • Jonswap (joint North Sea Wave Project); • User. 16. Ability To Exclude Hydrodynamic Interaction With Mooring Walls In The Required Area; 17. Ability To Create A Template Containing A Set Of Objects (ships), Save And Use This Template In Other Exercises; 18. Ability To Save Environment Settings As A Template And Load A Previously Saved Template In Any Exercise And Area; 19. Mooring Operations: ◦ ◻ability To Set The Rope Material; ◦ ◻ability To Set The Initial State Of The Mooring Winch (render, Slack Away, Stop); ◦ ◻ability To Set Mooring Winch Parameters (speed, Pulling Force, Holding Force); ◦ ◻ability To Operate The Mooring Winch At The Instructor Workplace. 20. Anchor Operations: ◦ ◻ability To Set User Ground Type With Required Anchor Holding Force Coefficients; ◦ ◻display Of Anchor Position On The Instructor's Chart On The Ground. 21. Control Of Navigational Lights And Shapes: ◦ ◻ability To Control The Navigational Lights; ◦ ◻ability To Switch On/off Deck Lights On Target Ships. 22. Loading/discharging Of Own Ship During Exercises; 23. Weather Conditions Manager: ◦ ◻ability To Set Predefined Weather Conditions By Beaufort Number (wind, Wave, Whitecaps And Foam, 3d Clouds, Cloud Layer, Visibility) On The Fly; ◦ ◻ability To Set Customized Weather Conditions; ◦ ◻visual Effects: Rain And Snow (low, Medium, High), Lightning, Reflection, Translucency, Sea With White Caps, Foam, Splashes, Bow-wave; ◦ ◻separate Settings For Wind Wave And Swell; ◦ ◻manual Control Of Wind Direction And Strength; ◦ ◻adjustment Of Atmospheric Parameters – Temperature, Humidity, Pressure; ◦ ◻ability To Use Thunderstorm, Precipitation; ◦ ◻automatic Calculation Of The Position Of The Sun, Moon, Major Stars (up To 100) And Constellations, The Angle And Phase Of The Moon; ◦◻ability To Set Wave Spectrum Type: Pierson-moskowitz; Jonswap (joint North Sea Wave Project); Phillips; User-defined; 24. Rcc, Ship And Coast Stating Assignment; 25. Log Module With Possibility To Print Out And Create Archives; 26. Window For Listening/monitoring Of The Radiotelephone Traffic Including Possibilities To Interfere With Radiotelephone Traffic; 27. Ability To Introduce Background Noise From A List And Instrument Faults To The Trainee Stations. 28. Ability To Change Names, Call Signs, Mmsi, Telex Numbers And Inmarsat Mobile Numbers Of All Emulated Ship Stations And Coast Station According To The Needs Of Different Exercises; 29. Electronic Chart With Vessel Position Indication And The Ability To Change Position, Course And Speed; 30. Ability To Display And Instantly Change Trainee Station Positions On The Electronic Map For Search And Rescue (sar) Exercises; 31. Full Monitoring Of Any Trainee Workstation – The Ability To Monitor The Status Of Each Gmdss Unit And Listen To The Radio Traffic Of Each Trainee Station; 32. Connection To An External Printer; 33. Connection To An Active Speaker For Simultaneous Viewing Of Channels; 34. Providing Functions Of A Coast Telex Or Telephone Subscriber, Coast Radio Station And Rcc Operator From The Log Window; 35. Status Window For All Instruments At Any Workstation; 36. Ability To Log Communication And Trainee Actions For Playback And Later Review; 37. Database Of Coastal Stations, Navtex And Msi Stations And Inmarsat Shore-based Stations Plotted On The Chart; 38. Information About The Gmdss Sea Areas On The Chart; 39. Approximate Estimation Of Radio Wave Propagation In The Selected Frequency Range; 40. Evaluation And Assessment Module; 41. Navtex Functionality: ◦ ◻ability To Send Navtex Messages On Behalf Of A Navtex Station; ◦◻ability To Edit And Use The Navtex Station Used-defined List; ◦◻ability To Save And Use Navtex Message Templates. 42.“intercom” Panel. To Monitor Intercom Communication, Execute Voice Messages From The Instructor's Side. 43. Vhf Radio Station Module. To Monitor Vhf Communication, Send Voice Messages From The Instructor’s Side, Play Pre-recorded *.wav Files. 44. Coastal Radio Station Module. Screen Layout: 45. Use Of The Mouse Wheel For Chart Centering And Scaling; 46. On-screen Display Of Mooring Walls And Piers; 47. On-screen Display Of Actual Contours Of Any Ship; 48. On-screen Display Of The Object’s Route Line And Its Actual Track; 49. On-screen Display Of The True And Relative Speed Vectors; 50. Selectable Display Mode: True Motion, Relative Motion, Course Up Or North Up; 51. Display Of Prompt And Other Information In The Status Bar: ◦ ◻bearing And Distance From The Current Cursor On-chart Position To The Reference Point; ◦ ◻coordinates Of The Current Cursor On-chart Position; ◦ ◻depth In The Current Cursor Position; ◦ ◻current Exercise Time (absolute And Relative). 52. Displaying Of Object Tracks: Contour Or Point With Selectable Resolution, Track History And Time Stamp; 53. Displaying Of Walls And Piers; 54. Use Of A Mouse Wheel For Chart Centering And Scaling; 55. User Configurable Workplace; 56. Different Panels For The Control And Monitoring Of The Exercise Fulfillment: ◦◻reports Panel – To Form And Print Exercise Fulfillment Reports; ◦◻ Ship Info Panel – To Display Courses, Longitudinal And Transverse Speeds, Rates Of Turn For All The Ships Involved In The Exercise. ◦ ◻evaluation And Assessment Module Panel; ◦ ◻target Panel – To Control Vessel Target And Flight And Sar Objects; ◦ ◻objects Panel – To Promptly Select An Object On The Chart From The List Of All The Objects Available In The Exercise; ◦ ◻flags Panel – To Hoist/lower Ics Flag Signals On Any Of The Ships, Including Ability To Set And Keep Flag Templates ◦ ◻events Panel – For The Automatic Recording Of Any Important Events Related To The Incorrect Trainee Actions; ◦ ◻flash Light Panel – To Send Light Signals From Target Vessels, Including Automated Translation Into Morse Code; ◦ ◻magnetic Deviation Panel – To Configure The Magnetic Deviation Panel For The Vessels, Participating In The Exercise, Save The Panel And Apply Desired Template To Any Own Vessel, Print The Magnetic Deviation Table; ◦ ◻procedural Alarms Panel – For Defining User Set Of Alarm For Dedicated Vessels. 57. Setting Navigational Equipment Parameters And Faults: Radar, Gps, Loran C, Log, Gyro, Echo Sounder, Uais; 58. Setting The Exercise Weather And Bathymetric Conditions: Global And Local Zones, Import Of Tide And Current Databases;observing Own Ships And Targets On The Chart: Ship Info Panel, Cpatcpa Panel, Events Panel; Observing Own Ships And Targets On The Chart: Ship Info Panel, Cpatcpa Panel, Events Panel; 59.  Control Of Own Ships And Targets On The Chart: Direct Control Of Steering And Propulsion Systems, Autopilot, Mooring Lines, Anchors; 60. Setting Faults Of Navigational Equipment, Steering And Propulsion System, Fire And General Alarms; 62. Continuous Data Logging During Exercises; 61. Playback Of Recorded Exercises In Real And Fast-time Modes; 62. Performing Preliminary Exercises On The Map To Check Their Suitability For Training On The Simulator; 63. Distress Signals (flare, Smoke Signals, Dye Markers); 64. Adding New Target Ships; 65. Changing Weather Conditions; 66. Moving Buoys, Turning Off Lights On Them And Hiding Them On Both The Visualization System And Radar; 67. Control Of Automatic Tugboats On Commands From The Bridge Or From The Instructor; 69. Generating And Printing Exercise Reports Exercise Objects: 1. collection Of 6-dof Ship Models; 2. Sar Objects: Life Raft, Mob, Damaged Tanker, Sart, Damaged Burning Tanker, Search And Rescue Transponder (sart), Emergency Position 3. Indicating Radio Beacon (epirb), Oil Slick, Helicopter Target, Aircraft Target, Floating Debris; 4. Mooring Objects: Bollard On Any Of Mooring Walls, Bitts On Another Ship, Bollard On Any Of Mooring Walls, Bitts On Another Ship, Mooring Buoy Of Catenary Anchor Leg Mooring (calm), Mooring Buoy Of Single Anchor Leg Mooring (salm); 5. Coastal Objects: Moving Cranes, Cars, Trains, Radar Antennae, Rocket Launcher, Hangar, Cistern, Signal Port Station Tableau, Etc.: Visual And Radar Images; 6. Global And Local Weather Zones: Wind, Current, Sea State, Visibility, Precipitations; 7. Fishing Objects: Fish Shoals, Underwater Pinnacles, Fishing Buoys, Lines And Zones; 8. Sound Velocity In The Water Affecting The Performance Of Hydroacoustic Fish Finder Equipment; 9. Rain Clouds; 10. Fog Areas; 11. External Tide And Current Data (enc Databases); 12. Display Of Wave And Current Strength And Direction At Any Point In The Exercise; 13. Adjustment Of The Ship Model Characteristics; 14. Setting Operation Modes Of Navigational Aids, Their Errors And Malfunctions: Radar, Gps, Loran-c, Log, Gyro, Sounder, Uais; 15. Performing Preliminary Exercises On The Map To Check Their Suitability For Training On The Simulator; • ◻control Of Own Ships And Targets On The Vessel: Direct Control Of Steering Gear And Propulsion, Autopilot, Mooring Lines, Anchors; • ◻control Of External Forces On The Chart (virtual Tug Force) Applied To 8 Points Of The Ship Hull In Any Horizontal Direction Along The Waterline; •◻saving An Exercise With Initial Conditions At Any Stage Of Playback. Trainee Mission Explaining: • ◻loading A Previously Created Exercise On A Chart; • ◻playing The Exercise On The Chart To Explain The Task; • ◻uploading A Sample Log Of The Same Exercise To Explain The Correct Actions. Simulator Session(s) Control: • ◻exercise(s) Start, Pause, Re-start After The Pause, Stop On Bridge(s); • ◻setting The Initial Position For Own Ships; • ◻entering Faults Of Navigation Systems, Steering Gear, Propulsion Plant, Fire And General Alarm; • ◻ability To Set Faults Of Navigational Equipment; • ◻pulling Apart Ships That Have Collided Or Run Aground; • ◻control Of Target Vessels, Hoisting Flags Of The International Code Of Signals, Turning Their Sound Signals On And Turning Their Lights On/off; 16. I Cs-69 Flags (international Flags And Pennants): • ◻26 Alphabet Flags; • ◻10 Numeral Pennants; • ◻3 Substitute Pennants; • ◻1 Answering Pennant. • ◻control Of Daylight Shapes On Vessels; • ◻distress Signals (flare, Smoke Signals, Dye Markers); • ◻changing Weather Conditions; • ◻adding New Target Ships; • ◻moving Buoys, Turning Off Lights On Them And Hiding Them On Both Visualization System And Radar; • ◻controlling Automatic Tugboats On Commands From The Bridge Or From The Instructor; • ◻using The Report Generator Wizard Tool For Printing. Own Ship Simulation Data: On Request, The Following Readings And Characteristics Of The Own Ship Are Displayed On The Monitor Of The Instructor's Workstation: • ◻vessel Number, Designation And Model Type; • ◻main Dimensions; • ◻displacement; • ◻ship’s Time; • ◻ship’s Gyro-compass Course Over Ground And Through Water; • ◻longitudinal And Transverse Components Of Speed Through Water; • ◻ship Speed Over Ground And Through Water; • ◻bow Velocity And Stern Velocity Over Ground; • ◻heeling, Trim And Center Of Gravity Elevation; • ◻angular Speed Of Ship Turns; • ◻current Rudder Blade Position And “put The Rudder Over” Command; • ◻current Position Of Propeller(s) And Pitch Change Command; • ◻current Rotation Speed Of Propeller(s); • ◻current Load Of Main Engine(s); • ◻thrusters Operating Mode; • ◻geographic And Cartesian Coordinates Of Vessel Location; • ◻distance Traveled By The Vessel From The Exercise Start Point; • ◻depth Under The Ship’s Keel; • ◻distance And Bearing Relative To Any Active Ship; • ◻cpa And Tcpa From Any Ship To Other Vessels. Passive Ships (target-ships) Simulation Data: • ◻on Request, The Following Indicators And Motion Characteristics Of The Target Ship Are Displayed On The Instructor's Workstation: • ◻target Ship Number And Type; • ◻cog; • ◻sog; • ◻geographic And Cartesian Position Coordinates; • ◻distance And Bearing Relative To Any Active Ship; • ◻the Coordinates Of The Route Change Point And The Time To Pass That Point. Evaluation And Assessment Module: The Evaluation And Assessments Module Are Designed For The Evaluation And Assessment Of A Range Of Predefined Assessment Parameters From The Following Categories: • ◻planning And Conducting A Passage And Determine Position; • ◻maintain Safe Navigational Watch; • ◻using Radar And Arpa To Maintain Navigational Safety; • ◻ability To Operate And Analyze Information Obtained From Arpa; • ◻respond To Emergencies; • ◻use Imo Standard Marine Communication Phrases And Use English In Writing And Speaking; • ◻transmit And Receive Information Using Visual Signals; • ◻maneuver The Ship; • ◻colreg. The Bridge Simulator Should Have The Ability To Set Up A Scoring And Grading System To Evaluate The Operator’s Performance. The Program Allows The Instructor To Monitor The Results Of The Bridge Team / Operator Workstation Performance During The Following Scenarios: 1. Own Ship Collision; 2. Own Ship Collision With A Beacon; 3. Running Aground On Own Ship; 4. Distances For Channel Coast; 5. Own Ship Collision With Another Vessel; 6. Own Ship Collision With The Shore; 7. Own Ship’s Anchor Chain Breakage; 8. Own Ship’s Mooring Line Breakage; 9. Engine Overload. For Each Item The Following Can Be Recorded: • ◻time • ◻position; • ◻depth; • ◻distance Traveled; • ◻hdg; • ◻cog; • ◻log • ◻sog; • ◻angular Velocity; • ◻prow. Doppler Velocity; • ◻stern Doppler Velocity; • ◻ort. Velocity; • ◻list; • ◻trim; • ◻engines Controller Position; • ◻main Engines Load; • ◻vpp Angles; • ◻propellers Rpms; • ◻rudder Setter; • ◻rudder Blade Position; • ◻thrusters Loading. 1.10.2 Instructor Module’s Main Screen General Requirement: 1. Integrated Application For Editing, Running And Debriefing Exercises. 2. High-quality Vector Chart Representation With The Ability To Load Multiple Charts; 3. Displaying Of The Actual Ship Contours; 4. Display Of Object Tracks: Contour Or Point With Selectable Resolution, Track History And Time Stamps; 5. Display Of Walls And Piers; 6. Displaying Of True Or Relative Velocity Vectors; 7. Display Mode Selection: True Or Relative Movement; 8. Using The Mouse Wheel For Chart Scaling; 9. User Configurable Workplace; 10. Setting Parameters And Faults Of Navigation Equipment: Radar, Gps, Loran C, Log, Gyro, Echo Sounder, Uais; 11.s Etting Weather And Bathymetric Conditions: Global And Local Zones, Import Of Tide And Current Databases (ecdis); 12. Monitoring Own Ships And Targets On The Chart: Ship Information Page Including Events Panel, Environment Page, Stats Page Including Cpa-tcpa Panel; 13. Monitoring Own Ships And Targets On The Chart: Direct Control Of Steering And Propulsion Systems, Autopilot, Mooring Lines, Anchors; 14. Setting The Navigational Equipment Faults, Steering And Propulsion, Fire And General Alarms; 15. Continuous Data Logging During Exercises; 16. Live And Fast-time Playback Of Recorded Exercises; 17. Generation And Printing Of Exercise Reports. Exercise Objects: 1) Collection Of 6-dof Ship Models; 2) Sar Objects: Life Raft, Mob, Damaged Tanker, Sart, Helicopter Target; 3) Global And Local Weather Zones: Wind, Current, Sea State, Visibility, Precipitation; 4) Rain Clouds; 5) External Tide And Current Data (enc Databases). Uais Training: 1. Ability To Configure Own Ship And Target Ship Parameters For Ais Position, Ship Static And Voyage Related Data Reports; 2. Possibility To Send Ais Messages To Own Ships; 3. Possibility To Monitor The Exchange Of Ais Messages; 4. Ability To Enter Fault Data Into The Ais Transponder. 1.10.3 Instructor Gmdss Module The Instructor Gmdss Module Of The Bridge Simulator Should Have The Following Abilities: • ◻ability To Connect To The Gmdss Simulator; • ◻continuous Audio Logging Of Information Exchange From The Operator Workstation On The Bridge (requires A Gmdss Module); • ◻exercise Monitoring With A Video Camera (requires An Additional Visualization Module); Radar Exercise Monitoring (requires An Additional Radar/arpa Simulation Module 1.11 Radar / Arpa Module • ◻the Bridge Simulator (radar/arpa) Module Should Have The Following Capabilities • ◻arpa/radar Software On The Bridge; • ◻selective Radar On The Instructor Workstation; • ◻radar Simulator On The Bridge; General Information: • ◻display Simulations Of The Following Radar Types: Target Tracking (arpa/ais): • ◻full Tt Functionality; • ◻plotting Up To 100 Targets; • ◻displaying Up To 1,000 Ais Targets; • ◻the Ais Symbol Shows Whether A Target Is A Sleeping Target, A Normal, A Selected, A Dangerous Or A Lost Target. Automatic Acquisition Zones: • ◻the Two Auto-capture Zones Can Be Set In A Sector Or In Any Shape; • ◻targets In The Auto-capture Zone Are Displayed With A Reverse Triangle; • ◻the Operator Can Manually Acquire Important Targets Without Restriction, Which Is An Important Aid And Source Of Information For Evaluating The Situation. Guard Zones And Anchor Watch Zone: • ◻guard Zones Generate Visual And Audible Alarms When Targets Enter Zones Set By The Operator; • ◻one Of The Guard Zones Can Be Used As An Anchor Watch To Alert The Operator When Own Ship Or Targets Drift Outside The Set Zone. • ◻radar Simulator On The Bridge; Cpa Alarm: • ◻the Target Tracking Symbol Changes To A Triangle When Its Predicted Course Deviates From The Operator’s Set Cpa/tcpa; • ◻the Operator Can Easily Change The Vector Length To Estimate The Trend Of The Target’s Movement. Target Trials: • ◻the Target Trail Feature Generates Single-color Or Gradual Shading Afterglow On All Objects On The Display To Help Clarify The Traffic Situation; • ◻echo Trails Can Be Displayed In Either True Or Relative Motion; • ◻relative Trails Show Relative Motion Between Targets And Own Ship; • ◻true Motion Trails Require A Gyrocompass Signal And Own Ship Speed Input To Cancel Own Ship Motion And Represent The True Motion Of Targets According To Their Speeds And Courses Over The Ground. Radar Map: • ◻a Radar Map Is A Combination Of Lines And Marks That Operators Can Use To Define And Enter Data About The Navigation Area And Route; • ◻the Radar Map Can Be Saved To Facilitate Reuse In A Frequent Navigation Area; • ◻planned Routes Created On The Ecdis Can Be Transferred Onto The Radar Display When Connected To The Ecdis Network. Radar Keyboard: • ◻full Control – All Radar Operations Can Be Performed Using The Keyboard Or On-screen With The Ps Trackball; • ◻actual Marine - Approved Radar Keyboard • ◻dedicated Buttons For Basic Functions; • ◻large, Easy-to-use Analog Controls For Ebl, Vrm, Gain, Sea And Rain. 1.12 Ecdis Module Dnv Type-approved Ecdis And Must Meet The Requirements Of The Following Regulations/ Standards: Solas 74, Reg. V/18.1, V/19.2.1.5, 2000 Hsc Code 13.8, 13.17.1, Imo Res. A 817(19) As Amended By Msc.64 (67) Annex 5 And By Msc.86(70) Annex 4, Imo Res.a.694(17) And Developed In Accordance With The Imo/iec Requirements For Integrated Navigation Systems (draft Iec 61924). Areas Of Application: 1. Bridge Task Application For The Training In The Use Of An Electronic Chart Display And Information System; 2. Ecdis Software On The Bridge; 3. Selective Ecdis On The Instructor Workstation; 4. Ecdis Simulator On The Bridge. General Information: 1.   Compatible Cartography: ◦ I◻ho/ S-57 Edition 3 Vector Chart (iho S-63 Data Protection Scheme); ◦ ◻arcs Raster Chart; ◦ ◻enc ◦ ◻dnv Type Approved Senc Format, Cm-93/3 ◦ ◻perpetual License ◦ ◻compatibility With Admiralty Information Overlay (aio) For Further Navigation Safety. 2.   Interface With Position Sensors, Gyro, Log, Echo- Sounder And Radar For Radar Overlay, Target Track Info, Route, And Waypoint Exchange. 3. Ecdis Operating Modes: ◦ ◻monitor Mode, Ship’s Behavior Can Be Monitored Relative To The Planned Route. A Variety Of Voyage Monitoring Tools Are Built Into The Instant Access Panel; ◦ ◻chart Maintenance Mode, Allows Operators To Work With Charts To Be Used In The System; ◦ ◻plan Mode, Operators Can Generate And Edit Route Plans As Well As Custom Charts. It Is Also Possible To View Various Detailed Reports Generated By Ecdis On Planned Routes And Custom Charts. 4. Route Planning: ◦ ◻operators Can Use The Trackball To Enter Waypoints Directly Onto The Chart; ◦ ◻operators Can Edit The Name, Steering Mode, Radius, Channel Limit And Other Parameters Of Waypoints. 5. Creating User Chart: ◦ ◻operators Can Create A Custom Chart; ◦ ◻a User Chart Is A Layer Consisting Of Marks And Lines That Can Be Created And Overlaid On The Chart; ◦ ◻user Charts Are Intended For Marking Safety-related Areas And Objects. 6. Quick Access To Various Reports: ◦ ◻route Reports On Waypoint And Passage Plan, As Well As User Chart Reports On Tidal, Lines, User-entered Objects And User-defined Areas Can Be Accessed Directly For Viewing. 7.marine Type Approved Keyboard: ◦ ◻panel-mounted Silicone Rubber Keyboard With Built-in Waterproof 25mm Trackball And Scroll Function; ◦ ◻fully Certified To Iec60945, Iacs E10, Iec 60092-504, Dnv 2.4. 1.13 Conning (conning Display) Module The Program Should Be Designed For Ship Handling, Mooring, Automatic Tug, And Navigational Instruments. Multi-level "call-up" Pages Of The Conning Display: 1. General Characteristics, Me And Autopilot Controls (“main” Page); 2. Mooring Gears And Roll And Pitch Controls (“anchor & Mooring” Page); 3. Repeater Gyrocompass And Satellite Compass (“compasses” Page); 4. Anemometer, Digital Barograph, Water And Air Temperature And Humidity Sensors (“environment” Page); 5. Binoculars Control, Observer Position Control, Searchlight Control (“light & View” Page); 6. Signal Flags, Sound Signals And Figures (“signals” Page); 7. Own Ship Data (page "ship"); 8. Fire Alarm Control Panel And Alarm List (page "alarm"); 9. Azimuth Propeller Thruster Control, Azimuth Indicators, Thruster Indicator Loading (page "azimuth"); 10. Vhf Radio (page "vhf"); 11.i Ntercom (page "intercom"); 12. Echo Sounder (page "echo Sounder"); 13. Pilot Card (page "pilot Card"); 14. M Aneuvering Table (page "maneuvering Table"); 15. Training Result And Vdr (page "assessment/vdr"). Main Features: 1. Rudder Position Master Operation Mode Setup; 2. Rudder Position Presetting; 3. Setting The Operating Mode Of The Bow Thruster And Aft Thruster; 4. Autopilot Control; 5. Setting The Limit For The Signal Response To A Hazardous Depth Under The Keel; 6. Me Control; 7. Initiation Of The Binoculars; 8. Setting The Observer’s Angle Of View Relative To The Horizon And Vertical Line; 9. Setting The Observer’s Position In The Visualization System; 10. Control Of Sound Signals, Lights And Figures; 11. Control Of The Anchoring Gear, Mooring Lines And Fenders When Mooring To A Quay And Vessel; 12. Tug Control. Information Display: 1. Values Of Propeller Shaft(s) Revolutions; 2. Control Pitch Propeller Turning Angle Values; 3. Rudder Responding Values; 4. Rate Of Turn Angular Velocity Values; 5. Operation Mode Of The Bow Thruster And Aft Thruster; 6. Gyro Compass And Magnetic Compass Course; 7. Log Speed And Speed Over The Ground; 8. Bow Thrust And Stern Speed; 9. Wind Speed And Direction (true/relative); 10. Speed And Direction Of Streams (current); 11. Date & Time Of Ship; 12. Distance Traversed; 13. Depth Under Keel; 14. Ship’s Geographical Coordinates; 15. Distance From Ship To Shore; 16. Me Loads; 17. Heel And Trim Of The Vessel; 18. Anchor Chain Length, Water Angle; 19. Length Of Mooring Lines; 20. Fire Detection Control System, List Of System Failures Alarms; 21. Vhf Point With Channel Selector; 22. Pilot Card, Maneuvering (wheelhouse Poster); 23. Assessment & Vdr. 1.14 Steering Control (multi-touch Pc) Module This Module Should Have The Following Capability: The Hdg Main Is The Start Page Of The Display For The Heading Control Mode Operation. The Hdg Main Page Is Accessible Via The Corresponding Soft Key Of The Operation Mode. The Nav Main Is The Start Page Of The Display For Operation In Waypoint Steering Mode. The Nav Main Page Is Accessible Via The Corresponding Operation Mode Soft Key. The Connected Route Planning System Generates All Necessary Data For Waypoint Steering. The Nfu/fu Display Page Has Two Rudder Setting Options: • ◻the Nfu Mode: Rudder Angle Is Set Using The Control Keys; • ◻the Fu Mode: Entry Of The Rudder Angle Value With The Rotary Knob. 1.15 Propulsion Control (multi-touch Pc) Module This Module Should Have The Following Capability: • ◻speed Digital Indicator Of Speed In Knots; • ◻main Engine Port And Main Engine Stbd Gauges To Display Rpm, Pitch And Speed Shaft Values Of Respective Me; • ◻two Emergency Engine Order Telegraphs (eeot) For Use In Case Of Machine Telegraph Failure; To Operate The Eeot Turn The Central Knob To The Required Position On The Scale; Corresponding Button Starts Flashing And Buttons Flash On The Telegraph Repeaters In Ecr And Engine Room Lop; At The Same Time Audible Signal Starts; When The Command Is Confirmed At The Ecr/er, The Button Lights Up Continuously On All Telegraphs And Audible Signal Stops; • ◻e/r Deadman System Lamps Light Up To Indicate The System Status: System On And E/r Deadman Alarm; • ◻thruster Control Display For The Bow And Stern Thruster Control; • ◻generator Status Indication; • ◻control Of Rudder Pumps And Synchronization Of Rudder Fu Mode. 1.16 Navigation Aid Instruments Module Areas Of Application: • ◻bridge Task Application. The Program Is Designed To Simulate Satellite Navigation Systems And Shore-based Radio Navigation Systems; • ◻data Generated By This Module Are Transmitted To Ecdis, Radar/arpa And Auto-pilot. 1.16.1 Marine Gps Areas Of Application: 1. Automatic And Manual Operation Modes; 2. Position Indication, Geodesic Datum; 3. Waypoint Input And Storage; 4. Dead Reckoning Mode; 5. Steering Data Computation; 6. Man Overboard; 7. Instructor-controlled Faults And Errors: Power Failure. 1.16.2 Ais 1. Manual Data Entry, Updating And Data Retrieval Using The Minimum Ais Display Simulator; 2. Manual Data Entry, Updating And Data Retrieval Using The Ecdis Simulator And/or Radar; 3. Transmission Of Dynamic Information At Intervals Consistent With Applicable Requirements; 4. Periodic Automatic Transmission Of Static Information To Coastal Stations And Other Vessels Equipped With Ais Equipment; 5. Receiving And Processing Information From Coastal Stations And Other Vessels; 6. Sending Response Messages With Minimum Delay To Safety Or High Priority Requests; 7. Transmitting Ais Data Of Target Vessels To Radar Simulator For Display; 8. Transmitting Ais Data Of Target Vessels To The Ecdis Simulator For Display. 1.16.3 Bnwa System 1. Provides Light And Sound Signals To Attract The Attention Of The Officer On Watch And, If The Officer Does Not Respond, To Alert The Simulator Instructor; 2. The Bnwa Simulator Operating Modes, The Sequence Of Light And Sound Signals, And The Characteristics Of The Light And Sound Signals Meet The Requirements Of Imo Resolution Msc.128 (75). 1.16.4 Navigation Echo Sounder 1. Depth Measurement From 1 To 200 M; 2. Audible Alarm When The Vessel Reaches The Target Depth; 3. Manual Depth Setting; 4. Depth Information Display In Two Forms Simultaneously: ◦ In A Graphic Form, Displaying The Depth Profile On The Ship's Path; ◦ In Numerical Form Showing The Current Depth. 1.16.5 Doppler Speed Log 1. Display Of The Vessel’s Speed Relative To Water And Relative To The Ground; 2. Distance Traveled Display; 3. Transmission Of Vessel Speed To Radar, Ecdis And Ais Simulators. 1.16.6 Vdr Remote Alarm Panel The Interval For Recording Various Data, Including Sound, Is As Follows: 1. Radar / Ecdis Video Signals: Every 15 Seconds; 2. Audio Data Of Bridge And Vhf Conversations: In Real Time; 3. Proposals In Iec Format: Upon Receipt; 4. Analog And Digital Data: Every Second. 1.17 Bearing Finder 1. Bridge Task Application. Program Represents A Visual Channel (visual) With A Capability To Accurately Measure The Observation Angle. 2. Telescoping Bearing Sight With Optical Magnification 3. Level Indicator For Horizontal Alignment Of The Bearing Repeater 4. Accuracy Of Azimuth And Elevation Angle Settings Is 0.1degree. 1.18 Pelorus Stand – Bearing Repeater Gyrocompass 1. The Gyrocompass Is Essentially A North-seeking Gyroscope And Which Is Connected By Cables To Gyro Compass Repeater Located Through The Ship. 2. The Pelorus Is A Key Instrument In Piloting The Ship Closed To Shore And Obtaining The True Direction Of Nearby Ships. 3. The Pelorus Is Mounted On The Center Of Bridge Used As The Most Accurate Reference. 1.19 Overhead Display Mode Areas Of Application: • ◻ Bridge Task Application. The Program Is Designed For Overhead Display Simulation. • ◻ This Module Should Run On Separate Pcs. The Sensor Can Be Set For Each Display And Each Output Type For Single, Dual, Or Triple Display. The Location Of The Displays Can Be Changed And Configured To Match The Display Type. Information Displayed: 1. Engine Load; 2. Engine Rpm; 3. Propeller Pitch; 4. Speed Of Log; 5. Heading; 6. Passed Distance; 7. Vessel Time; 8. Doppler; 9. Rate Of Turn; 10. Rudder Angle; 11. Pitch And Roll; 12. Depth; 13. Wind Speed And Direction. 1.20 Gmdss Operator Module The Gmdss Operator Module Should Simulate The Electromagnetic Environment Affected By: 1. Operator-controlled Radio Stations On Vessels; 2. Coastal Stations; 3. Rescue Coordination Center Radio Stations; 4. Distortion Induced By Propagation Interference. The Software Should Simulate The Operation Of The Following Gmdss Devices: 1. Vhf Radio Station With Dsc Vhf, 2. Mf/hf Radio Station With Dsc Mf/hf, 3. Mf/hf Mf/hf Radio Telex; 4. Inmarsat-c Ses, Egc Rx With Lrit And Ssas, 5. Inmarsat Fleet Broadband, 6. Iridium Gmdss Satellite Communication System; 7. Inmarsat-b Ship Earth Station Nera Saturn-b (optional); 8. Inmarsat-fleet 77 Ship Earth Station Nera –f77 (optional); 9.two Band Receiver Navtex, 10. 2182 Khz Watch Receiver; 11.c Ospas-sarsat Epirb; 12. Sart Tron Sart 20, 13. Ais Sart Tron Ais Sart; 14. Two-way Vhf Radio Station Tron Tr 30 Gmdss And Maritime Vhf Radio; 15. Vhf Radio For Two-way Communication Between Vessel And Aircraft, Tron Tr 30 Air, 16. Mcmurdo Fast Find 220 Plb; 17. Plb Ais Mcmurdo S20; 18. Gmdss Alarm Panel 19. Radio Direction Finder Rt-500-m (marine); 20. Power Switchboard 21. Battery Charger; 22. Virtual Printer. 2.0 Main Instructor Station 2.1 Instructor Station 2.1.1 License Of The Navigation Instructor Navigation Instructor Software Includes: 1. Navigation Instructor 2. Evaluation And Assessment 3. Tug And Mooring 4. Radar/arpa 5. Enc: • ◻dnv Type Approved • ◻senc Format, Cm-93/3 • ◻perpetual License Bird Eye Of Instructor 6. Debriefing System 2.1.2 License Of The Gmdss Instructor Gmdds Instructor Software Includes: 1. Gmdss Instructor 2. Group 3. Setup 4. Maps 5. Equipment Status 6. Knowledge Test 7. Estimated Results By The Program 8. Scenario Editor Of The Estimator 9. Software Control Of The Handset 2.1.3 Coastal Radio Stations Coastal Radio Stations Includes: 1. Coastal Radio Stations 2. Sar Coordination Center Radio Stations 3. Radio Disturbances 2.2 Instructor Station Table And Computers 2 2.2.1 Instructor Station Table Instructor Station Table Specification: 1. Table Size: L 2300 X W 700 X H 750 Mm 2. Material: Formica Matt Laminate On Chipboard 3. Ergodynamic Chair 1 Unit 2.2.2 Instructor’s Computer 2.2.3 Instructor Station 1 1 Pc • ◻computer: • 2x 24” Monitor O1 X Pc • Intel Core I5 Processor O1 6 Gb Ram • 256 M.2 Ssd • R Tx 4070 Or Higher O1 X Keyboard/mouse • 1 X Ups 1.5kva 1 Pcs • ◻printer: • 1 X Laser Printer A4 • A4 Print Speed Up To 48 Ppm • Auto 2-sided (duplex) Printing, 1-line Lcd • Wifi, Airprint, Mopria, Wifi Direct, Lan, Usb 2.0 • Colored Printer Set • ◻nas And Exercise Server • N As Disk Station Quadcore Processor O2 X 4 Tb Hdd Set • ◻drone View Monitor (environment View Of Instructor) • ◻smart Tv • W/ 55” Tv Led 1 Unit 2.2.4 Instructor Station 2 ◻requirements: • 2x 24” Monitor • 1x Pc • Intel Core I5 Processor • 16 Gb Ram • 256 M.2 Ssd • Rtx 4070 Or Higher • 1x Keyboard/mouse • 1x Ups 1.5kva 1 Unit 2.2.5 Server Station Requirements: • ◻computer: • 1x 24” Monitor O1 X Pc • Intel Core I5 Processor O1 6 Gb Ram • 256 M.2 Ssd • Rtx 4070 Or Higher O1 X Keyboard/mouse • 1 X Ups 1.5kva 1 Unit 2.2.6 Handset Handset Includes: 1. Handset 2. Cradle With A Ptt Switch 3. Usb Interface Board 4. Handset Box 1 Unit 2.2.7 Speaker Speaker Requirements: 1. Type: Desktop 2. Port: Mini Jack 3. Power: Usb 1 Unit 2.2.8 Network Switch Network Switch Specifications Manage: 24 Ports 10/100/1000mbps Rj45 Ports Set 2.2.9 Cctv Monitoring 1 Pc Nvr Atleast 16 Channel 9 Pcs 6 Mp Fixed Dome Network Camera With Mic 2 Pcs 8 Mp Bullet Camera With Mic 2 Pcs 6tb Storage (design For Cctv) 1 Pc Network Poe Switch Specification: 24 Ports 10/100/1000mbps Rj45 Ports 1 Lot >upvc, Conduit, Pull Box, Fittings, Hanger, And Support And Other Materials If Needed. Including Utp Cat6 Shielded Pure Copper, Fiber Optic Cable. >installation, Engineering Labor For Entire Project. Cable Laying, Labeling, Harnessing, Project Management, Mobilization And Di-mobilization 3.0 Main Bridge Simulator Software 3.1.1 Conning Display Conning Display Software Consisting Of: 1.main Features A) Rudder Operation Mode Setup B) Rudder Presetting C) Bow & Stern Thruster Presetting D) Autopilot Control E) Signal Response Limit Presetting F) Me Control G) Binocular Initiation H) Observer’s Vision Angle Presetting I) Observer’s Position Presetting J) Sound Signals, Lights & Figures Control K) Anchor Gear, Mooring & Fenders Control L) Tugs Control 2. Information Display A) Propeller Shaft(s) Revolutions Values B) Turning Angle Of Cpp Value C) Rudder Responding Value D) Angle Of Rate Value E) Gyro & Magnetic Compass Course F) Log Speed & Speed Over Ground G) Load Of Bow And Speed Of Stern H) Velocity & Direction Of Wind (true/relative) I) Velocity & Direction Of Stream (current) J) Ship Date & Time K) Traversed Distance L) Depth Under Keel M)  Distance From Shore N) Me Loads O) Ship Heel And Trim P) Fire Detection Control System, System Failures Alarms List Q) Vhf Point With A Channel Selector R) Pilot Card, Maneuvering S) Assessment & Vdr T) Arpa Keyboard Control 3.1.2radar/arpa Display Radar/arpa Software Consisting Of: 1. Imitating Display Of Raday/arpa A) Range Scale B) Display Modes: Head Up, North Up, Tm, Rm C) Display Of Charts Of The Region 2. Arpa A) Acquisition Modes B) Target Canceling Modes C) Target Data Output Time D) Target Information E) Visual & Acoustic Alarms F) Cpa, Tcpa Limits Setting G) Trial Maneuver 3. Radar Parameter A) Operating Frequency (s-band, X-band) B) Antenna Rpm (20, 6- Rpm) C) Direction Pattern Width (vertical, Horizontal) D) Antenna Height & Tilt Angle E) Blind Sectors 3.1.3 Ecdis Display Ecdis Software License Consisting Of: 1. M Ulti Chart Loading 2. Chart Info 3. Chart Orientation (north Up, Head Up, Course Up) 4. Alarms (ais, Anti-grounding, Sensors, Route, Radar/target, Chart Areas,) 5. Ship Motion Data (cog, Sog, Hdg, Log) 6. Erbl For Measuring Bearings And Ranges 7. Two Modes Of Displaying (true, Relative) 8. Mob Mode 9. Routing Planning, Checking And Monitoring 10. Work With Multiple Routes 11. Interface With Position Sensor, Gyro, Log, Echo- Sounder, Arpa 12. Radar Overlay 3.1.4 Electronic Navigation Chart 1. Dnv Type Approved 2. Senc Format, Cm-93/3 3. Perpetual License C-map Professional+ Is An Innovative And Dynamic Worldwide Vector Chart Database Produced By Jeppesen Marine. Dnv Type Approved Senc Format, Cm-93/3 3.1.5 Bearing Finder Display Bearing Finder Software Consisting Of: 1. G Yro Mode 2. Magnetic Compass Mode 3. Determine The Bearing Control 4. Direction Finder Elevation Control 3.1.6 Navigation Aid Instruments 1.marine Gnss Gps A) Automatic And Manual Operation Modes B) Position Readouts, Geodesic Datum C) Way-points Input And Storage D) Dead Reckoning Mode E) Steering Data Computing F) Man Overboard G) Faults And Errors Controlled By The Instructor 2. Ais Features: A) Automatic Transmission Of Static Information To Coast Stations And Other Vessels With Ais Equipments B) Reception And Processing Of Information From Coastal Stations And Other Vessels C) Sending Response Messages With Minimum Delay To Security Or High Priority Requests D) Target Vessels Ais Data Transmission 3. Bnwa System Features: A) Provides Light And Sound Signals To Attract The Attention Of The Officer In Charge Of The Watch B) Operation Modes With Imo Resolution Msc.128 4. Echo Sounder Features: A) Measurement Of Depths From 1 To 200m B) Ship Exiting To A Given Depth Sound Signal C) Manual Setting Of A Given Depth D) Presentation Of Depth Information Simultaneously On Two Forms: - Graphic Form - Numerically 5. Doppler Speed Log Features: A) Display Of The Speed (relative To Water And Relative To Ground) B) Display Of The Distance Traveled 6.vdr Features: A) Recording Interval Of A Various Data 3.1.7 Overhead Display Overhead Display Software Displays The Following Data: 1. Engine Load 2. Engine Rpm 3. Propeller Pitch 4. Speed Of Log 5. Heading 6. Passed Distance 7. Vessel Time 8. Doppler 9. Rate Of Turn 10. Rudder Angle 11. Pitch & Roll, Depth 12. Speed & Direction Of Wind 3.1.8 Steering Magnetic Compass & Gyro Repeater Steering Magnetic Compass & Gyro Repeater Software Consisting Of: 1. Display Of Magnetic Compass 2. Display Of Gyro Repeater 3.1.9 Steering Display/autopilot Control Steering Display/autopilot Control Features: 1. Hdg – Heading Control Mode 1. Set Heading Display In Degree 2. Set Rot 2. Nav – Waypoint Steering Mode 3. N Fu/fu Control Page A) Nfu Mode: Rudder Angle Is Set Using The Control Keys B) Fu Mode: Entry Of The Target Rudder Angle Value Using The Rotary Knob 4.track Data – Logging Of The Last Past Minutes 3.1.10 Engine Control Engine Control Software Consisting Of 1. I Ndicator A) Me Indicator Load B) Me Indicator Rpm C) Pitch Indicator D) Shaft Rpm E) Speed Indicator F) Dead Man Alarm 2. M Ain Engine Control A) Nfu Control To Switch Steering Modes B) Clutch Control – Engage/de-engage C) Control Location D) Em’cy Stop E) Pitch Control – Local, Pitch Ahead/astern F) Control Mode – Constant/combinat 3. Em’cy Engine Order Telegraph 4. thruster Control Display 5. Diesel Generators Control 6. Rudder Pumps Control 3.1.11 Gmdss Software Devices Gmdss Software Consisting Of: 1. Vhf 2. Mf/hf Dsc 3. Epirb 4. Handhold Uhf 5. Handhold Vhf Gmdss 6. H Andhold Vhf Air 7. Ais Sart 8. Sart 9. Inmarsat Mini C 10. Iridium 3.1.12 Visualization Software Visualization 3-d Database With A High-resolution True-color Texturing Can Be Displayed. 1) Object Library Includes: A) 3-d Submarine And Above Water Terrain B) Aids To Navigation – Buoys, Lighthouse C) Port Facilities Models – Cranes, Tanks, Chimneys, Elevators, Containers, Vehicles, Towers, Etc. D) Moving Targets E) Unique And Standard Buildings, Monuments Models, Bridges With Night View Representation F) Piers, Jetties, And Bollard Barrels For Mooring Operation Training 2) Own Ships Software: A) Own Ships Mathematical Mode; Based On 6-dof B) Ship Models: Container Carrier, Bulk Carrier, Cruise Ship, Chemical Tanker, Vlcc, Lng Carrier, River-sea Tankers, Cargo, Anchor Tugs, Trawler, Tugboats 3) Target Ships: A) Move Automatically Along The Routes Plotted In An Exercise, Or Controlled By The Instructor B) Effected By Wind, Current And Wave Drift C) Towing And Mooring Functions 1 Set 3.2 Main Bridge Simulator Consoles And Computers 3.2.1 Main Bridge – Steel Consoles Horizon Field View Of 240 Degrees Fabrication Of Main Bridge Consoles Consisting Of: 1) Conning/maneuvering Console 2) Radar Console 3) Ecdis Console 4) Bearing Console 5) Navigation Aid Equipment Console 6) Gmdss Console 7) Steering Stand/console 8) Chart Table (standard Size) 9) Overhead Panel 10) Gyro Repeater With Pelorus Stand 11) Binoculars 12) The Console Must Made Of Steel 7 Sets 3.2.2 ◻70” Visual Screens Led Backlit • ◻7x Pc Visual Channel • I◻ntel Core I5 Processor • ◻16 Gb Ram ◻ • ◻256 M.2 Ssd◻ • ◻7x Rtx 4070 Or Higher • ◻1x Keyboard/mouse • ◻7x 70” Tv Led Backlit 4k Display • I◻nstrument Consoles • ◻7x Hdmi Cable • ◻7x 1.5k Ups 1 Sets 3.2.3 Conning Console • ◻1 X Pc • ◻intel Core I5 Processor • ◻8 Gb Ram • ◻256 M.2 Ssd • ◻2x Monitor 24” • ◻1x Keyboard/mouse • ◻1x Ups 1kva • ◻console Made Of Steel (tct 0.8 Mm To 2 Mm) Instrument Adds On Conning Console. 1 Sets 3.2.4 Ecdis Console • ◻1 X Pc • ◻intel Core I5 Processor • ◻8 Gb Ram • ◻256 M.2 Ssd • ◻2x Monitor 24” • ◻1x Keyboard/mouse • ◻1x Ups 1kva • ◻console Made Of Steel (tct 0.8 Mm To 2 Mm) • Instrument Adds On Conning Console. 1 Set 3.2.5 Radar / Arpa Console • ◻1 X Pc • ◻intel Core I5 Processor • ◻8 Gb Ram • ◻256 M.2 Ssd • ◻1x Monitor 24” • ◻1x Keyboard/mouse • ◻1x Ups 1kva • ◻console Made Of Steel (tct 0.8 Mm To 2 Mm) 1 Set 3.2.6 Chart Table Console With Monitor With Goose Neck Dimmable Light • ◻1x Chart Table Console 1300mm X 1312mm • ◻1 X Pc • ◻intel Core I5 Processor • ◻8 Gb Ram • ◻256 M.2 Ssd • ◻2x Monitor 24” • ◻1x Keyboard/mouse • ◻1x Ups 1kva • ◻1x Parallel Ruler • ◻1x One-hand Compass Divider • ◻2x Plotting Triangle With Handle • ◻1x Deck Log Book • ◻admiralty Paper Charts Related To Installed Maps In Simulator 1 Set 3.2.7 Binocular And Instrument Pc • ◻1x Pc • ◻intel Core I5 Processor • ◻8 Gb Ram • ◻256 M.2. Ssd • ◻rtx 4070 Or Higher • ◻keyboard/mouse • ◻2x 24" Monitor • ◻1x Ups 1.5kva • ◻console Made Of Steel (tct 0.8 Mm To 2 Mm) 1 Set 3.2.8 Radar/arpa Keyboard Radar/arpa Keyboard (1 Set) Specifications: 1) Usb Interface 2) Console Mount Type 1 Set 3.2.9 Handset Handset Includes: 3) Handset 4) Cradle With A Ptt Switch 5) Usb Interface Board 6) Handset Box 1 Set 3.2.10 Speaker With Subwoofer Channel Sound System Specification: 6. Interface With Visual Pc 7. Realization Of 3d Sound Effect System 8. Atleast 450watts Speaker With Subwoofer 9. Port: Mini Jack 10. Power: Usb 1 Set 3.2.11 Gyro Repeater With Pelorus Stand Gyro Repeater Includes: 11) Bearing Repeater Compass 12) Pelorus Stand 13) Power: 24vd 14) Signal: Rs422 Nmea 1 Set 3.2.12 Whether Instruments Whether Instruments Includes: 1) 1x Ships Clock 2) 1x Aneroid Barometer 2) 1x Hygrometer 6 Set 4.0 Mini Bridges Simulator 4.1 Mini Bridge Simulator Software 4.1.1 Conning Display Conning Display Software Consisting Of: 1) Main Features Rudder Operation Mode Setup 1. Rudder Presetting 2. Bow & Stern Thruster Presetting 3. Autopilot Control 4. Signal Response Limit Presetting 5. Me Control 6. Binocular Initiation 7. Observer’s Vision Angle Presetting 8. Observer’s Position Presetting 9. Sound Signals, Lights & Figures Control 10. Anchor Gear, Mooring & Fenders Control 11. Tugs Control 2) Information Display 1. Propeller Shaft(s) Revolutions Values 2. Turning Angle Of Cpp Value 3. Rudder Responding Value 4. Angle Of Rate Value 5. Gyro & Magnetic Compass Course 6. Log Speed & Speed Over Ground 7. Load Of Bow And Speed Of Stern 8. Velocity & Direction Of (true/relative) 9. Velocity & Direction Of Stream (current) 10. Ship Date & Time 11.t Raversed Distance 12. Depth Under Keel 13. Distance From Shore 14. Me Loads 15. Ship Heel And Trim 16. Fire Detection Control System, System Failures Alarms List 17. Vhf Point With A Channel Selector 18. Pilot Card, Maneuvering 19. Assessment & Vdr 20. Arpa Keyboard Control 4.1.2 Radar/arpa Display Radar/arpa Software Consisting Of: 1)i Mitating Display Of Radar/arpa A) Range Scale B) Display Modes: Head Up, North Up, Tm, Rm C) Display Effects: Target Trials, Echo, Zoom D) Display Of Charts Of The Region 2) Arpa A) Acquisition Modes B) Target Canceling Modes C) Tracking Data Output Time D) Target Information E) Visual & Acoustic Alarms F) Cpa, Tcpa Limits Setting G) Trial Maneuver 3) Radar Parameter A) Operating Frequency (s-band, X-band) B) Antenna Rpm (20, 60 Rpm) C) Direction Pattern Width (vertical, Horizontal) D) Antenna Height & Tilt Angle E) Blind Sectors 4.1.3 Ecdis Display Dnv Type Approved Ecdis Software License Consisting Of: 1) Multi Chart Loading 2) Chart Info 3) Chart Orientation (north Up, Head Up, Course Up) 4) Alarms (ais, Anti-grounding, Sensors, Route, Radar/target, Chart Areas…) 5) Ship Motion Data (cog, Sog, Hdg, Log) 6) Erbl For Measuring Bearings And Ranges 7) Two Modes Of Displaying (true, Relative) 8) Mob Mode 9) Routing Planning, Checking And Monitoring 10) Work With Multiple Routes 11) I Nterface With Position Sensor, Gyro, Log, Echo- Sounder, Arpa 12) Radar Overlay 4.1.4electronic Navigation Chart 1. Dnv Type Approved 2. Senc Format, Cm-93/3 3. Perpetual License 4.1.5 Overhead Display Overhead Display Software Displays The Following Data: • ◻speed Of Log • ◻vessel Time • ◻rate Of Turn • ◻rudder Angle • ◻speed & Direction Of Wind 4.1.6 Steering Display/autopilot Control Steering Display/autopilot Control Features: • ◻hdg – Heading Control Mode ◦ ◻set Heading Display In Degree ◦ ◻set Rot • ◻nav – Waypoint Steering Mode • ◻nfu/fu Control Page ◦ ◻nfu Mode: Rudder Angle Is Set Using The Control Keys ◦ ◻fu Mode: Entry Of The Target Rudder Angle Value Using The Rotary Knob • ◻track Data – Logging Of The Past Minutes 4.1.7 Engine Control Engine Control Software Consisting Of: A.i Ndicator 1. Me Indicator Load 2. Me Indicator Rpm 3. Pitch Indicator 4. Shaft Rpm 5. Dead Man Alarm B. Main Engine Control 1. Nfu Control To Switch Steering Modes 2. Clutch Control – Engage/de-engage 3. Control Location 4. Em’cy Stop 5. Pitch Control – Local, Pitch Ahead/astern 6. Control Mode – Constant/combinat C. Em’cy Engine Order Telegraph D. Thruster Control Display E.d Iesel Generators Control F.r Udder Pumps Control 4.1.8 Steering Magnetic Compass & Gyro Repeater Steering Magnetic Compass & Gyro Repeater Software Consisting Of: 1) Display Of Magnetic Compass 2) Display Of Gyro Repeater Stations 4.2 Mini Bridge Simulator Hardware 6 Set 4.2.1 Mini Bridge – Consoles Made In Formica Laminated Board Fabrication Of Main Bridge Consoles Consisting Of: 1) Conning Console 2) Radar Console 3) Ecdis Console 4) Maneuvering Console 5) Chart Table With Gooseneck Dimming Light 6 Unit 4.2.2 Mini Bridge Desktop Station 70” 4k Display For Visual Pc Wall Mounted • ◻70” Tv Led Backlit 4k Display -1 X Bridge Image Generator Computer (for Visual, Conning, Radar, Maneuvering) • ◻1x Pc • I◻ntel Core I5 Processor • ◻16 Gb Ram ◻ • ◻256 M.2 Ssd◻ • ◻rtx 4070 Or Higher◻ • ◻1 X Keyboard/mouse • ◻2 X 24” Monitor • ◻1x Ups 1.5kva • ◻1 X Ecdis Computer • ◻1 X Pc • ◻intel Core I5 Processor • ◻8 Gb Ram ◻ • ◻256 M.2 Ssd◻ • ◻1x Keyboard/mouse • ◻1x 24” Monitor • ◻1x Ups 1.5kva • ◻1 X Speakers • ◻1 X Goose Neck Microphone • ◻1 X Set Desktop Instrument Console Including: • ◻steering System / Autopilot / Nfu • ◻steering Wheel Stand • ◻dual Telegraph • ◻1 X Console Tables • ◻1 X Handheld Uhf Equipment • ◻1 X Console Made In Formica Laminated Board (tct 3/4 Inches) 6 Unit 4.2.3 Speaker With Subwoofer Channel Sound System Specification 1. Interface With Visual Pc 2. Realization Of 3d Sound Effect System 3. Atleast 150 Watts Speaker With Subwoofer 4. Port: Mini Jack 5. Power: Usb 6 Sets 4.2.4 Chart Table And Plotting Aids • ◻1x Plotting Charts • ◻1x Parallel Ruler Plastic • ◻1x One-hand Compass Divider Steel • ◻2x Plotting Triangle With Handle Plastic • ◻1x Chart Table 1300mm X 1312mm • ◻1x Deck Log Book 4 Sets 4.3 Virtual Bridge Familiarization W/ Virtual Reality Device The Supplier Shall Provide A Virtual Bridge With The Use Of Virtual Reality Providing The Following Visualizations: • B Ridge Wing Equipment -speaker Mic -rate Of Turn -engine Rpm -quick Release Lifebouy -remote Panel -gyro Compass Repeater -fire Box -hatch For Maintenance -thermometer • Main Bridge -epirb -sart -clear View Screen -location Of Fire Extinguishers -pantry With Equipment -pilot Chair -smoke Detectors -damage Control Plans -radar 1 And 2 And 3 -gps With Other Equipment -helm Wheel -indicator Control -deck Light Control -admiralty And Other Maritime Publications -fireplan -rudder Angle Indicator -voice Recorder -whistle Horn -water Tight Door Indicators -window Wipers -pa Systems -cargo Hold Fan Control -smoke Alarm System -fire Alarm System -general Alarm System -vhf System -log Books And Other Documentation -ecdis Voyage Planner -pressure Recorder -portable Uhfs -lifejackets, Rocket Flare, And Rocket Line -location Of Immersion Suits -barometer -utc Clock -radio Room Configuration -posters -charts -compass Deck / Monkey Island Or Adar Equipment -antennas -anemometer -and Other Equipment On The Monkey Bridge The Virtual Reality Bridge Must Be Complete With Hotspots, Identification Tags And Descriptions. It Shall Also Be Available On An Offline System, Navigable. 1.     Hardware For Virtual Bridge Familiarization - Display: • ◻type: Lcd • ◻resolution: 2064 X 2208 Per Eye • ◻refresh Rate: 120 Hz - Field Of View: • ◻horizontal: 97 Degrees • ◻vertical: 93 Degrees - Processor: • ◻chipset: Qualcomm Snapdragon Xr2 Gen 2 • ◻ram: 12gb - Storage: • ◻options: 128gb, 256gb, And 512gb Variants - Audio: • Integrated: 3d Spatial Audio With Improved Speakers • ◻microphone: Built-in With Improved Noise Cancellation - Tracking: • Inside-out: 6dof (six Degrees Of Freedom) With Four Wide- Angle Cameras For Room-scale Tracking • ◻hand Tracking: Improved Hand Tracking Capability - Controllers: • ◻type: Meta Touch Pro Controllers •features: Haptic Feedback, Improved Ergonomics, Rechargeable Batteries - Battery: •headset: Approximately 2-3 Hours Of Active Use •charging: Usb-c Fast Charging - Connectivity: •wireless: Wi-fi 6e Support •bluetooth: 5.2 - Software: •operating System: Meta's Custom Os Based On Android •compatibility: Supports All Vr Apps. •exclusive Features: Mixed Reality Capabilities With Color Passthrough - Additional Features: •passthrough: Full-color Passthrough For Mixed Reality Experiences •eye Tracking: No Built-in Eye Tracking •face Tracking: No Built-in Face Tracking -what’s Included In The Box: •headset •touch Pro Controllers (pair) •charging Cable (usb-c) •power Adapter W/ Extra 1 Battery Each •controller Lanyards •glasses Spacer -add On’s: •2x Strap With Battery •8x Silicone Cover Face Cover •4x Silicone Protective Case •8x Silicone Case For Controller 2. 3 Row Vr Storage Cabinet With Lock 4.4 Debriefing Room 1 Pc 4.4.1 Tv Monitor 1) Size: At Least 70" 2) Smart Tv 3) Led (atleast 4k) 4) Wall Mounted. 5) Hdmi 10meters 1 Pc 4.4.2 Computer 1) 1 X Pc 2) I Ntel Core I5 Processor 3) 8 Gb Ram 4) 256 M.2 Ssd 5) Low Profile Video Card 6) 1x Keyboard/mouse 7) 1x Ups 1kva 8) 1x W/ Computer Table Table Size: L 2300 X W 700 X H 750 Mm 9) 1x Ergodynamic Chair Briefing And Debriefing Rooms With Playback Capability (playing Of Recorded Exercise And Assessment In Simulator Other Requirements 1. Implementation A) A 3-year Warranty For The Computer Hardware And Console Peripherals B) The Software Comes With A 3-year Warranty Inclusive Of New Updates. C) The Project Will Be Implemented Within 150 Cd. Liquidating Damages Will Be Applicable For Any Delays. D) A Comprehensive Guide Will Be Provided, Offering Detailed Instructions On System Operation And Maintenance Activities, Facilitating Ease Of Use And System Upkeep. E) Onsite Training Sessions Will Be Conducted By Certified Instructors And Technical Experts, Facilitating Smooth Knowledge Transfer And Ensuring Proficient System Operation. Certificates Will Be Provided Upon Completion Of Training Sessions. F) Structured Cabling Standards To Establish A Reliable And Efficient Network Infrastructure. 1. The Simulator Manufacturer Should Be An Iso 9001:2015 And Iso 14001:2015 Certified Business. The Simulator Should Be Class Certified (dnv Class A St-0033 Maritime Simulator Systems Standard) Or Equivalent, And May Also Be Certified By National Authorities. 2. The Software Must Be Perpetual License. 3. The Supplier Shall Conduct An Annual Face-to-face Maintenance Session To Ensure The System's Optimal Functionality And Performance. 4. The Supplier Must Resolve Any Software Or Hardware Issues Within 2 To 5 Business Cd Of Their Occurrence To Minimize Downtime And Disruptions. 5. All Hardware Installations Must Adhere To Software Specifications To Guarantee Seamless Integration And Operation. 6. The Computer Hardware Supplied Must Be Sourced From Proven Technology Hardware Companies, Quality And Performance Standards To Ensure Optimal Functionality And Compatibility With The Software. 7. Bidders Are Required To Offer Continuous Retraining Sessions Free Of Charge During The Warranty Period To Ensure Users' Proficiency With The System. 8. Bidders Must Submit A 100% Credit Line Certificate Equivalent To The Approved Budget Ceiling To Demonstrate Financial Capability And Commitment. 9. Bidders Should Provide Manufacturer Authorization Or Exclusivity Certificate To Ensure The Authenticity And Legality Of The Supplied Products. 10. The Bidder Is Responsible For Performing A Thorough Site Inspection, And A Site Inspection Certificate Issued By The Agency Shall Be Submitted As Part Of The Eligibility Requirements. 11. The Bridge Simulator Is Ready For Seamless Integration With The Future Engine Simulator And Cargo Simulator, Ensuring Compatibility And Functionality. 12. The Seven (6) Stations Can Connect And Enable Them To Interact With Each Other In A Coordinated Scenario. 13. Instructor Station 2 Will Be Used In The Simulator Scenario Development Station As An Instructor Station Capable Of Deploying Scenarios To Other Stations. 14. All Other Simulator Specifications And Capabilities Not Indicated Herein, The Simulator Shall Comply With The Simulator Performance Standards As Required In Maritime Industry Authority (marina) Evaluation Instrument For Full Mission Bridge Simulator. 15. The Bidders Should Provide A Breakdown Of The Unit Prices Of The Major Components In The Original Of Duly Signed And Accomplished Price Schedule(s) Under Financial Component Envelope Upon Bid Submission. Furthermore, They Should Provide A More Detailed Breakdown As A Condition For Issuance Of Notice To Proceed. Part Ii. Other General Requirements 1 Ea. Project Billboard/signboard 1 L.s Occupational Safety And Health Program 1 L.s Mobilization/demobilization Part Iii. Civil, Mechanical, Electrical, & Sanitary/plumbing Works Part A. Earthworks 1 L.s Removal Of Structures And Obstruction Part C. Finishings And Other Civil Works 68.4 M² Wall, Wood Frame, Fiber Cement Board 6mm 30.96 M² Tempered Glass Door, 12mm, Reflective 24.84 M² Aluminum Glass Window 4.2 M² Doors (flush) 32.87 M² Acoustical Ceiling Panel 745.2 M² Painting Works, Masonry/concrete 8.4 M² Painting Works, Wood 4 M² 150mm Chb Nonload Bearing(including Reinforcing Steel) 61.3 M² Plain Cement Plaster Finish 33.75 M² Carpet Floor Tiles Part D. Electrical 1 L.s Panelboard With Main And Branch Breakers 1 L.s Wires And Wiring Devices 1 L.s Network Cabling 1 L.s Door Access And Card Reader System Part E. Mechanical 1 L.s Airconditioning, Package/split Type

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Road Opening Of Jubasan To Matikawol Road (phase Iii) Barangay Jubasan, Mapanas, Northern Samar Contract Reference No. 2024-04-037 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 68 Section Vi. Specifications 70 Section Vii. Drawings 73 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 75 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: Road Opening Of Jubasan To Matikawol Road (phase Iii) , Brgy. Jubasan, Mapanas, N. Samar The Lgu- Mapanas, Northern Samar, Through The 20% Economic Development Fund (edf) Of Lgu-mapanas Intends To Apply The Sum Of Four Million Nine Hundred Fifty Thousand Seven Hundred Seventy Nine Pesos & 88/100 Only (p4,950,779.88) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For: Road Opening Of Jubasan To Matikawol Road (phase Iii) At Brgy. Jubasan, 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 1.) Road Opening Of Jubasan To Matikawol Road (phase Iii), Brgy. Jubasan, Mapanas Northern Samar Part A Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot B.3 Construction Health And Safety Requirements And Environmental Monitoring 1.00 Lot B.4 Project Sign Board 1.00 Lot Part B Eartworks 100(1) Clearing & Grubbing (with Stripping) 3,800.00 Sq.m. 100(2)b Individual Removal Of Trees (small B, 301-500mm (2) 197.00 Ea. 102(2)b Roadway Excavation (surplus Common) 1,587.53 Cu.m 102(3)b Roadway Excavation (surplus Soft Rock) 1,227.87 M3 104 (1) A Embankment (from Borrow) 942.50 Cu.m. 104(1)b Embankment From Roadway Excavation 2,815.40 M2 105 (2) Subgrade Preparation 3,800.00 M3 Part D Surface Course 300 (2) Crushed Aggregate Surface Course 342.00 M3 Completion Of The Works Is Required 90 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 April 24, 2024 -may 13, 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 P5,000.00. 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. 5.the Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On May 3, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. 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 March 20, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), 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 0. 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 May 14, 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- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit 1.) Road Opening Of Jubasan To Matikawol Road (phase Iii), Brgy. Jubasan, Mapanas Northern Samar Part 1 Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot B.3 Construction Health And Safety Requirements And Environmental Monitoring 1.00 Lot B.4 Project Sign Board 1.00 Each Part B Eartworks 100(1) Clearing & Grubbing (with Stripping) 3,800 Sq.m. 100(2)b Individual Removal Of Trees (small B, 301-500mm (2) 197.00 E.a 102(2)b Roadway Excavation (surplus Common) 1,587.53 Cu.m. 102(2)b Roadway Excavation (surplus Soft Rock) 1,227.87 M3 104(1)a Embankment (from Borrow) 942.50 Cu.m. 104(1) B Embankment From Roadway Excavation 2,815.40 M2 105(2)b Subgrade Preparation 3,800.00 M3 Part D Surface Course 300(2) Crushed Aggregate Surface Course 342.00 M3 Completion Of The Works Is Required 90 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 April 24, 2024 -may 13, 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 P5,000.00. 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 May 3, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. 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 May 14, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), 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 0. 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 18 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 21 14. Alternative Bids 22 15. Bid Prices 22 16. Bid Currencies 23 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 27 21. Deadline For Submission Of Bids 27 22. Late Bids 27 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 29 25. Process To Be Confidential 29 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 32 32. Performance Security 33 33. Notice To Proceed 34 General Scope Of Bid 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. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 0. 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. Corrupt, Fraudulent, Collusive, And Coercive Practices 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. 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). 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 0. Conflict Of Interest 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. 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: (h)if The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (i)if The Bidder Is A Partnership, To All Its Officers And Members; (j)if The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (k)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. Eligible Bidders Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (l)duly Licensed Filipino Citizens/sole Proprietorships; (m)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; (n)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; (o)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 (p)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. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 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. (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 (aa)(iii). 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. Bidder’s Responsibilities 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 (bb)(iii). The Bidder Is Responsible For The Following: (q)having Taken Steps To Carefully Examine All Of The Bidding Documents; (r)having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (s)having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (t)having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 0. (u)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; (v)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; (w)authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (x)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; (y)complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (z)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. 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. 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. 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. 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. 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. 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. 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. Subcontracts 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. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 0 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. 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. Contents Of Bidding Documents Pre-bid Conference (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. 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. 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. Clarification And Amendment Of Bidding Documents 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. 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. 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 0. Preparation Of Bids 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. Documents Comprising The Bid: Eligibility And Technical Components Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (aa)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 0; 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. (ab)technical Documents – (i)bid Security As Prescribed In Itb Clause 0. 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. Documents Comprising The Bid: Financial Component Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (ac)financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (ad)any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. (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. Alternative Bids 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. 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. 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. Bid Prices The Contract Shall Be For The Whole Works, As Described In Itb Clause 0, Based On The Priced Bill Of Quantities Submitted By The Bidder. 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. 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. 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 0. 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. Bid Currencies 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. If So Allowed In Accordance With Itb Clause 0, 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. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. Bid Validity 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. 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 0 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. Bid Security 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. 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. 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 0. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 0, And The Posting Of The Performance Security, Pursuant To Itb Clause 0, 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 0. The Bid Security May Be Forfeited: (ae)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 (oo); (iii)fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 0; (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. (af)if The Successful Bidder: (i)fails To Sign The Contract In Accordance With Itb Clause 0; (ii)fails To Furnish Performance Security In Accordance With Itb Clause 0. Format And Signing Of Bids 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 0 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 0, And The Second Shall Contain The Financial Component Of The Bid. Forms As Mentioned In Itb Clause 0 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. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 0 And 0. 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. 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. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. Sealing And Marking Of Bids Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 0, 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”. 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. 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. All Envelopes Shall: (ag)contain The Name Of The Contract To Be Bid In Capital Letters; (ah)bear The Name And Address Of The Bidder In Capital Letters; (ai)be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 0; (aj)bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (ak)bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 0. 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. Submission And Opening Of Bids 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. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 0, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. Modification And Withdrawal Of Bids 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. 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. Bids Requested To Be Withdrawn In Accordance With Itb Clause 0 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. 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 0, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. Opening And Preliminary Examination Of Bids 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 0. 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”. 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 (dd), 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. 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. 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 (aa), Items (i) To (vi). In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 0, The Class “a” Documents Enumerated In Itb Clause (aa) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses (aa)(i) And (aa)(ii). Submission Of Documents Required Under Itb Clauses (aa)(iii) To (aa)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 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. Evaluation And Comparison Of Bids Process To Be Confidential 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. 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. 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 Detailed Evaluation And Comparison Of Bids 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. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (al)the Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (am)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. 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: (an)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 (ao)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. 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. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 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. Post Qualification 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, 0, And 0. 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: (ap)tax Clearance Per Executive Order 398, Series Of 2005; (aq)latest Income And Business Tax Returns In The Form Specified In The Bds; (ar)certificate Of Philgeps Registration; And (as)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. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 0 And 0, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 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 0. 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. 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. Reservation Clause 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. 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: (at)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; (au)if The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (av)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. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (aw)no Bids Are Received; (ax)all Prospective Bidders Are Declared Ineligible; (ay)all Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (az)the Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. Award Of Contract Contract Award Subject To Itb Clause 0, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 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. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (ba)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 (aa)(iv); (bb)posting Of The Performance Security In Accordance With Itb Clause 0; (bc)signing Of The Contract As Provided In Itb Clause 0; And (bd)approval By Higher Authority, If Required. Signing Of The Contract 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. 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. 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. The Following Documents Shall Form Part Of The Contract: (be)contract Agreement; (bf)bidding Documents; (bg)winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (bh)performance Security; (bi)credit Line In Accordance With Itb Clause 0, If Applicable; (bj)notice Of Award Of Contract; And (bk)other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Performance Security 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. 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: 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 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. Notice To Proceed 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. 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 0 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Road Opening Of Jubasan To Matikawol Road (phase Iii), Brgy. Jubasan, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2024-04-037 0 The Funding Source Is: 20% Economic Development Fund (edf) Of Lgu-mapanas The Name Of The Project Is: Concreting Of Farm To Market Road ( Completion) From Libertad To Jubasan, Mapanas, Northern Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 0 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 0. 0 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. 0 “subcontracting Is Not Allowed.” 0 “not Applicable”. 0 The Procuring Entity Will Hold A Pre-bid Conference For This Project O May 03, 2024 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 0 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 0 No Further Instructions. 0 Not Applicable (aa)(i) “no Other Acceptable Proof Of Registration Is Recognized.” (aa)(iv) No Further Instructions. 0 “no Additional Requirements” (dd) The Abc Is Php4,950,779.88 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 0 “no Further Instructions.” 0 No Further Instruction. 0 The Bid Prices Shall Be Quoted In Philippine Pesos. 0 Bids Will Be Valid Until 120 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 0 The Bid Security Shall Be In The Following Amount: 1.the Amount Of P99,015.60 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2.the Amount Of P247,538.99 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. 0 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 0 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 0 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On May 14, 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 May 14, 2024 At Exactly 10:00 A.m. 24.2 No Further Instructions. (oo) Bid Modification Is Not Allowed. 0 No Further Instructions. (qq) 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. (ss) 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 Requirement Are Not Applicable (kkk) 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 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 45 9. Liquidated Damages 46 10. Site Investigation Reports 46 11. The Procuring Entity, Licenses And Permits 46 12. Contractor’s Risk And Warranty Security 46 13. Liability Of The Contractor 48 14. Procuring Entity’s Risk 48 15. Insurance 49 16. Termination For Default Of Contractor 50 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 51 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 55 21. Resolution Of Disputes 55 22. Suspension Of Loan, Credit, Grant, Or Appropriation 56 23. Procuring Entity’s Representative’s Decisions 56 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 56 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 57 26. Extension Of The Intended Completion Date 57 27. Right To Vary 57 28. Contractors Right To Claim 57 29. Dayworks 58 30. Early Warning 58 31. Program Of Work 58 32. Management Conferences 59 33. Bill Of Quantities 59 34. Instructions, Inspections And Audits 59 35. Identifying Defects 60 36. Cost Of Repairs 60 37. Correction Of Defects 60 38. Uncorrected Defects 60 39. Advance Payment 60 40. Progress Payments 61 41. Payment Certificates 61 42. Retention 62 43. Variation Orders 62 44. Contract Completion 64 45. Suspension Of Work 64 46. Payment On Termination 65 47. Extension Of Contract Time 65 48. Price Adjustment 66 49. Completion 66 50. Taking Over 67 51. Operating And Maintenance Manuals 67 1.definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 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 0. 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. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 0. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 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. 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. 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. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. Days Are Calendar Days; Months Are Calendar Months. 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. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 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. 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. 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. 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. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 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. 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. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 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. 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. 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. 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. 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. 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. 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. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 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. Interpretation 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. 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). Governing Language And Law 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. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 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. Possession Of Site 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. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 0, 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 0. 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. 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. The Contractor’s Obligations 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. 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. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 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. 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. 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. 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. 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. 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. Performance Security 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 0. 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. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 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. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 0 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. 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. 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. Subcontracting Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 0. 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. 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. Liquidated Damages 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. 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 0. 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. 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. Contractor’s Risk And Warranty Security 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. 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. 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. 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: (d)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; (e)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; (f)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; (g)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. (h)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. 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. 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 (i)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%) (j)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%) (k)surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 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. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 0, 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. 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. Procuring Entity’s Risk From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (l)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. (m)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. Insurance The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (n)contractor’s All Risk Insurance; (o)transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (p)personal Injury Or Death Of Contractor’s Employees; And (q)comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 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. 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. 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. 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 0 Until The Contractor Complies With This Clause. 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: (r)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. Termination For Default Of Contractor The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 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; 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 The Contractor: (s)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; (t)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; (u)does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (v)neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (w)sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 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. 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: (x)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 (y)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. Termination For Other Causes 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. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (z)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; (aa)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; (ab)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; (ac)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; (ad)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; (ae)the Contractor Does Not Maintain A Security, Which Is Required; (af)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 0; And (ag)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. 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. 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 0, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 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. Procedures For Termination Of Contracts The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (ah)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; (ai)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; (aj)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; (ak)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; (al)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 (am)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. 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: (an)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”); (ao)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. (ap)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. (aq)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. (ar)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. Force Majeure, Release From Performance 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. 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. 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. 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: (as)any Sum To Which The Contractor Is Entitled Under Gcc Clause 0; (at)the Cost Of His Suspension And Demobilization; (au)any Sum To Which The Procuring Entity Is Entitled. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. Resolution Of Disputes 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. 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. 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. 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: (av)the Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (aw)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 0. Procuring Entity’s Representative’s Decisions 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. 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. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 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. The Contractor Shall Be Responsible For Design Of Temporary Works. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. Acceleration And Delays Ordered By The Procuring Entity’s Representative 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. 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. Extension Of The Intended Completion Date 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. 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. Right To Vary 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. Variations Shall Be Valued As Follows: (ax)at A Lump Sum Price Agreed Between The Parties; (ay)where Appropriate, At Rates In This Contract; (az)in The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (ba)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. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 0, 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. Dayworks Subject To Gcc Clause 0 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. 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. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. Early Warning 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. 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. Program Of Work 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. 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. 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. 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. 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. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. Management Conferences 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. 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. Bill Of Quantities The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 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. 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. 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. Instructions, Inspections And Audits 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. 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. 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. 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. 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. Correction Of Defects 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. 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. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 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. Uncorrected Defects 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. 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. 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. 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. 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. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 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 0. Progress Payments 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. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (bb)cumulative Value Of The Work Previously Certified And Paid For. (bc)portion Of The Advance Payment To Be Recouped For The Month. (bd)retention Money In Accordance With The Condition Of Contract. (be)amount To Cover Third Party Liabilities. (bf)amount To Cover Uncorrected Discovered Defects In The Works. 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. 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. 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. Payment Certificates 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. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. The Value Of Work Executed Shall: (bg)be Determined By The Procuring Entity’s Representative; (bh)comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (bi)include The Valuations Of Approved Variations. 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. Retention 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 0. 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. 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. 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. Variation Orders 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. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 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. 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%). 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: (bj)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. (bk)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. (bl)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. (bm)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. (bn)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. 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. Suspension Of Work 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. 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: (bo)there Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (bp)requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (bq)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. (br)there Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (bs)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. 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. Payment On Termination 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. 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. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. If The Contractor Has Terminated The Contract Under Gcc Clauses 0 Or 0, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. Extension Of Contract Time 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. 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. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 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. 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. 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. 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. 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. Operating And Maintenance Manuals If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 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 0 The Intended Completion Date Is 60 Cd From Ntp. 0 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 0 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 0 The Site Is Located At Mapanas, Northern Samar. 0 The Start Date Is: Upon Receipt Of Notice To Proceed. 0 The Works Consist Of: Item No. Scope Of Work Quantity Unit 1.) Road Opening Of Jubasan To Matikawol Road (phase Iii), Brgy. Jubasan, Mapanas Northern Samar Part 1 Other General Requirements B.1 Mobilization And Demobilization 1.00 Lot B.3 Construction Health And Safely Requirements And Environment 1.00 Lot B.4 Project Sign Board 1.00 Lot Part B Earthworks 100(1) Clearing & Grubbing (with Stripping) 3,800.00 Sq.m. 100(2)b Individual Removal Of Trees (small B, 301-500mm Ꝋ) 197.00 Ea. 102(2)b Roadway Excavation (surplus Common) 1,587.53 Cu.m. 102(3)b Roadway Excavation (surplus Soft Rock) 1,227.87 M3 104(1)a Embankment (from Borrow) 942.50 Cu.m 104(1)b Embankment From Roadway Excavation 2,815.40 M2 105(2) Subgrade Preparation 3,800 M3 Part D Surface Course 300(2) Crushed Aggregate Surface Course 342.00 M3 0 Note: The Items To Follow 0 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 0 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Project Engineer 1 Materials Engineer 2 Construction Foreman 1 Skilled Workers 2 Unskilled Workers 4 (c) “no Further Instructions”. 0 No Further Instructions. 0 No Further Instructions. 0 The Site Investigation Reports Are: None 0 No Further Instructions. 0 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. 0 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 0 The Arbiter Is: Construction Industry Arbitration Commission 0 No Day Works Are Applicable To The Contract. 0 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 30 Days Of Delivery Of The Letter Of Acceptance. 0 The Period Between Program Of Work Updates Is 60 Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 0 The Funding Source Is Coming From Nia 0 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 0 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 0 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 30 Days Upon Completion Of The Subproject. 0 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: Road Opening Of Jubasan To Matikawol Road (phase Iii) Location : Brgy. Jubasan, Mapanas, Northern Samar Item No. Description Qty. Unit. A. Labor A. Construction Foreman 1 Hrs. B. Laborer 2 Hrs. B. Equipment A.dump Truck (10 Cu.m.) 1 Unit B.payloader (1.50 Cu.m.) 1 Unit C.bulldozer (155 Hp), D65a-8 1 Unit C. Materials A. Labor A.construction Foreman 1 Hrs. B.skilled Laborer 1 Hrs. C.laborer 2 Hrs. B. Equipment A.backhoe (0.80 Cu.m.) 1 Unit B.dump Truck (10 Cu.m.) 1 Unit C.chainsaw 1 Unit Minors Tools (5% Of Labor) *boom Truck - If Necessary For Trimming In Urban Areas C. Materials A.rope, 1” Dia. 20.00 M. A. Labor A.construction Foreman 1 Hr. B.skilled Laborer 1 Hr. C.laborer 2 Hrs. B. Equipment A.bulldozer, D6h Series Ii Psds/dd,165hp 1 Unit B.payloader (1.50 Cu.m.) 1 Unit C.payloader (1.50 Cu.m.)- At Disposal Area 1 Unit D.dump Truck (10 Cu.m.) 3 Unit E.backhoe (0.80 Cu.m.) 1 Unit (hauling Distance Within Three(3) Km.) C. Materials A. Labor A.construction Foreman 1 Hr. B.laborer 2 Hrs. B. Equipment A.bulldozer W/ Ripper (155 Hp), D65a-8 1 Unit B.payloader (1.50 Cu.m.) 1 Unit C.payloader (1.50 Cu.m.)- At Disposal Area 1 Unit D.dump Truck (10 Cu.m. 2 Unit (hauling Distance Within Three(3) Km.) C. Materials A. Labor A.construction Foreman 1 Hr. B.laborer 2 Hrs. B. Equipment A.motorized Road Grader, G710a 1 Unit B.vibrator Roller (10 M.t.) Sp56 1 Unit C.water Truck (1000 Gal.) 1 Unit C. Materials A.common Borrow (w/ 25% Shrinkage Factor) 1.25 Cu.m. A. Labor For Excavation Work: A.construction Foreman 1 Hr. B.laborer 2 Hr. Spreading And Compaction: A.construction Foreman 1 Hr. B.laborer 2 Hr. B. Equipment Spreading And Compaction: A.motorized Road Grader, G710a 1 Unit B.vibrator Roller (10 M.t.) Sp56 1 Unit C.water Truck (1000 Gal.) 1 Unit For Excavation Work: A.crawler Dozer, 155 Hp 1 Unit B.payloader (1.50 Cu.m.) 1 Unit C.dump Truck (10 Cu.m. 2 Unit C. Materials A. Labor A.construction Foreman 1 Hr. B.laborer 2 Hrs. B. Equipment A.motorized Road Grader, G710a 1 Unit B.vibrator Roller (10 M.t.) Sp56 1 Unit C.water Truck (1000 Gal.) 1 Unit C. Materials A. Labor C.construction Foreman 1 Hr. D.laborer 2 Hrs. B. Equipment D.motorized Road Grader, G710a 1 Unit E.vibrator Roller (10 M.t.) Sp56 1 Unit F.water Truck (1000 Gal.), All Make 1 Unit C. Materials A.crushed Aggregate Surface Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. A. Labor B. Equipment A.dumptruck (12cu.m.yd.) 1 Unit B.payloader (1.5 Cu.m.), Lx80-2c 1 Unit C.bulldozer, D6h Series Ii Psds/dd 1 Unit D.backhoe W/ Breaker (0.80 Cu.m.) 1 Unit Note: Under D.o. 29 Series Of 2011, Mobilization/demobilization Shall Not Exceed 1% Of Direct Cost C. Materials E401b A.equipment Service Vehicle, Light Truck, Minor Tools 5% Of Labor Cost Service Vehicle, Light Truck 1 Unit B.labor L06 Skilled Labor 1 Hr. L07 Unskilled Labor 1 Hr. E.materials Cm001 Cement 1.00 Bag Pm#03 Sand 0.01 Cu.m. Pm#06 Gravel 0.02 Cu.m. Cm021 Coco Lumber 77.33 Bdft Cm013 Marine Plywood (1/4”x4’x8’) 2.00 Pc Cm069 Tarpauline 64.00 Sqft Miscellanieous 5% Of The Above L-150 W X0.50x0.60mh A. Material Cost Del @site Cement 305 Bag #10mm Dia. X6.0m Steel Bar 295 Pcs Tie Wire 30 Kls Gravel 18 Cu.m Sand 12 Cu.m #1/2x4’x8’ Marine Plywood 20 Sht #2’x3’x3.0m Good Lumber 100 Pcs Assorted Nails 15 Kl B. Equipment Rental Dump Truck (ccap.10-11 Cu.m 4.0 E/r 1 Bagger Concrete Mixer 10.0 E/r Concrete Vibrator 10 E/r C. Labor Cost Construction Foreman 1x10 Days 10 M-d Skilled 2x10 Days 20 M-d Unskilled 10x10 Days 100 M-d D. Direct Cost E. Indirect Cost Ocm 12% Profit 10% Tax 5% F. Toal Estimated Item Project Cost Spcl1 Tarpaulin 1.0 Lot Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Road Opening Of Jubasan To Matikawol Road (phase Iii) , Brgy. Jubasan, Mapanas Northern Samar Part A- Other General Requirement B.1 Mobilization And Demobilization 1.00 Lot 39,344.55 39,344.55 B.3 Construction Health And Safety Requirements And Environmental Monitoring 1.00 Lot 48,643.75 48,643.75 B.4 Project Sign Board 1.00 Each 12,686.59 12,686.59 Part B Earth Works 100(1) Clearing & Grubbing (with Stripping) 3,800.00 Sq.m. 25.54 97,035.35 100(2)b Individual Removal Of Trees (small B, 301-500mm0) 197.00 Ea. 3,547.73 698,903.78 102(2)b Roadway Excavation (surplus Common) 1,587.53 Cu.m. 254.12 403,429.60 102(3)b Roadway Excavation (surplus Soft Rock) 1,227.87 Cu.m. 315.67 387,595.42 104(1)b Embankment (from Borrow) 942.50 Cu.m 946.99 892,539.05 104(1)b Embankment From Roadway Excavation 260.51 Cu.m. 341.92 962,651.78 105(2) Subgrade Preparation 3,800.00 Sq.m. 21.11 80,229.74 Part D Surface Course 300(2) Crushed Aggregate Surface Course 342.00 M3 3,882.22 1,327,720.27 Total 4,950,779.88 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 77 Form Of Contract Agreement 79 Omnibus Sworn Statement 81 Bid Form Date: Iaeb[ If Adb, Jica And Wb Funded Projects, Use Ifb.] 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 Road Opening Of Jubasan To Matikawol Road (phase Iii) , Barangay Jubasan, Mapanas, Northern 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.