Manpower Tenders

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement Barangay Magtaon, Mapanas Northern Samar Contract Reference No. 2024-10-064 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 70 Section Vi. Specifications 72 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: Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement, Brgy. Magtaon, Mapanas N. Samar. The Lgu- Mapanas, Northern Samar, Through The Barangay 20% Economic Development Fund (edf) Of Fy 2024 Intends To Apply The Sum Of Six Hundred Eighty Five Thousand Nine Hundred Ninety Nine Pesos & 90/100 Only (p685,999.90) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement, Barangay Magtaon, 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 Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete, Barangay Magtaon, Mapanas, N. Samar. 100 Clearing And Grubbing Works 39 Sq.m. 104 Embankment 14.0 Pcs.. 201 Aggregate Base Course 33.4 Cu.m 311 Pccp 39 Cu.m. Spl1 Slope Protection For Existing Concrete Pavement 14.25 Sq.m Tarpaulin 1.0 Set Completion Of The Works Is Required 45 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 October 15, 2024-october 31, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P1,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On October 24 , 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 November 04, 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 November 04, 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 Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement , Brgy. Magtaon, Mapanas N. Samar 100 Clearing And Grubbing Works 39 Sq.m. 104 Embankment 14.0 Cu.m 201 Aggregate Base Course 33.4 Cu.m. 311 Pccp 39 Cu.m. Spcl 1 Slope Protection For Existing Concrete 14.25 Sq.m. Tarpaulin 1.0 Set Completion Of The Works Is Required 45 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 October 15, 2024-october 31, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P1,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On October 24, 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 November 04, 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 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 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 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 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 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement , Brgy. Magtaon, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2024-10-064___ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2023. The Name Of The Project Is: Con Creting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement , Brgy. Magtaon, Mapanas N. Samar 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On October 24, 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 Php685,999.90 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 13,719.99 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P35,671.994.8 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 November 04, 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 November 04, 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 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 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 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. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 45 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. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement Brgy. Magtaon, Mapanas, N. Samar 100 Clearing And Grubbing Works 39 Sq.m. 104 Embankment 14.0 Cu.m 201 Aggregate Base Course 33.4 Cu.m. 311 Pccp 39 Cu.m. Spcl 1 Slope Protection For Existing Concrete Pavement 14.25 Sq.m Tarpaulin 1.00 Set 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Skilled Workers 3 Welder 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement Location : Brgy. Magtaon, Mapanas, Northern Samar Item No. Description Qty. Unit. 100 Clearing & Grubbing Works Scope: Individual Removal Excavation Of Road Way A. Material Cost B. Equipment Rental Backhoe W/ Operator Chainsaw W/ Operator Dump Truck W/ Operator 1.0 1.0 1.0 E/r Day E/r Day E/r Day C. Direct Cost D. Indirect Cost Ocm 12% Profit 10% Tax 5% Total Indirect Cost E. Total Estimated Item Project 104 Embankment (from Borrow) A. Material Cost Del @ Site Common Borrow 14.0 Cu.m. B. Equipment Rental Motorized Road Grader/operator 2.0 E/r Day Vibrator Roller W/ Operator 1.5 E/r Day Dump Truck W/ Operator 1.5 E/r Day C. Labor Cost Foreman 1x2 Days 2.0 M/d Unskilled Workers 4x2 Days 8.0 M/d D. Total Direct Cost E. Indirect Cost Ocm 12% Profit 10% Tax 5% F. Total Estimated Project Item Cost 201 Aggregate Base Course A. Material Cost Del @site Sub-base Course Materials 33.4 Cu.m B. Equipment Rental Motorized Grader W/ Operator 0.5 E/r Day Vibrator Roller 1 Tonner 0.5 E/r Day C. Labor Cost Foreman 1x2 Days 2.0 M-d Unskilled 4x1 Days 4.0 M-d D. Total Direct Cost E. Indirect Cost Ocm 12% Profit 10% Tax 5% F. Total Estimated Project Item Cost 311 Pccp @ 65mx4.0mx0.15mthk A. Material Cost Del @site Cement 386 Bag Sand 21 Cu.m Gravel 41 Cu.m Curing Compound 10 Kl Asphalt Sealant 15 L Concrete Saw (diamond Blade 14” Dia 1.0 Pc Coco Lumber 2”x6”x3.0m 22 Pc Reinforcing Steel Bar #12mm 8 Pc Assorted Common Nail 4.0 Kl B. Equipment Rental One Bagger Concrete Mixer 14 E/r Day Concrete Vibrater 14 E/r Day C. Labor Cost Foreman 1x15 Days 15 M-d Skilled Laborers 1x15 Days 15 M-d Unskilled Workers 8x15 Days 120 M-d D. Direct Cost E. Indirect Cost Ocm 12% Profit 10% Tax 5% F. Total Estimated Project Item Cost Spcl1 Slope Protection For Concrete Pavement In Front Of Building Structure 9.5mlx1.5mh A. Material Cost #4 Chb 187 Pcs Sand 2.50 Cu.m Gravel 1.0 Cu.m Cement 18 Bag B. Labor Cost Foreman 1x4 Days 4 M.d Skilled 1x4 Days 4 M.d Unskilled 2x4 Days 8 M.d C. Direct Cost D. Indirect Cost Ocm 12% Profit 10% Tax 5% Spc1 Tarpaulin 4’x8ft W/ Frame 1.0 Set Total Project Cost Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement , Brgy. Magtaon, Mapanas, N. Samar 100 Clearing And Grubbing Works 39 Sq.m. 801.07 31,242.00 104 Embankment 14.0 Cu.m. 5,573.43 78,028.00 201 Aggregate Base Course 33.4 Cu.m. 1,651.08 54,812.00 311 Pccp 39 Cu.m. 8,838.97 344,720.00 Spcl1 Slope Protection For Existing Concrete Pavement 14.25 Sq.m. 1,695.87 23,775.00 Tarpaulin 1.0 Set 3,769.30 3,769.30 Total 536,346.00 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 77 Form Of Contract Agreement 79 Omnibus Sworn Statement 81 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Concreting Of Access Road From National Road To Magtaon Evacuation Center W/ Slope Protection Of Existing Concrete Pavement, Barangay Magtaon, 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 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: Improvement / Concreting Of Roads Of Calansanan Bridge Approaches, Brgy. Calansanan, Badiangan, Iloilo. Project Identification No. 2024-047-b. 2.0 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo In The Amount Of P 3,000,000.00 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: Project Engineer 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: Road Grader Concrete Vibrator Bar Cutter One Bagger Mixer Water Truck Concrete Screeder Vibrator Roller Bar Bender Dumptruck Plate Compactor Backhoe 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. 3,000,000.00 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: October 29, 2024; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: October 29, 2024; 9:00 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 Brgy. Calansanan, 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 Project Billboard / Signboard, Traffic Management, Mobilization / Demobilization, Excavation, Embankment From Borrow, Subgrade Preparation, Aggregate Subbase Course, Pccp (unreinforced); 025m Thk., Pipe Culverts (910mm Dia.), Grouted Riprap. 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: Project Engineer 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 – 047 – B Are Attached. Please See On This Folder Plan For Project Identification No. 2024 – 047 - B Section Viii – Bill Of Quantities Project Identification No. 2024 – 047 – B Improvement / Concreting Of Roads Of Calansanan Bridge Approaches, Brgy. Calansanan, 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.5 Project Billboard / Signboard 2 Each Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Each P …………………………..…….. Total P B.8 Traffic Management 1.5 Mos. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Mos. P …………………………..…….. Total P B.9 Mobilization / Demobilization 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P 102 Excavation 79.25 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 103(1)a Structure Excavation 84.25 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 104(2)a Embankment From Borrow 476.30 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 105(1) Subgrade Preparation 882.59 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 200(1) Aggregate Subbase Course 211.23 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 311(1)d1 Portland Cement Concrete Pavement (unreinforced); 0.25 Thk 656.56 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 500(1)a3 Pipe Culverts (910mm Dia) 32.00 L.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.m. P …………………………..…….. Total P 505(2)a Grouted Rip-rap 228.81 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. 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 – 047 - B Improvement / Concreting Of Roads Of Calansanan Bridge Approaches, Brgy. Calansanan, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Project Billboard / Signboard P Ii) Traffic Management P Iii) Mobilization / Demobilization P Iv) Excavation P V) Structure Excavation P Vi) Embankment From Borrow P Vii) Subgrade Preparation P Viii) Aggregate Subbase Course P Ix) Portland Cement Concrete Pavement (unreinforced); 0.25m Thk P X) Pipe Culverts (910mm Dia) P Xi) Grouted Rip-rap 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 – 047 - 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 Improvement / Concreting Of Roads Of Calansanan Bridge Approaches, Brgy. Calansanan, 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 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 Barangay Guinawahan, Badiangan, Iloilo. The Name Of The Contract Is: Concreting Of Barangay Road, Brgy. Guinawahan, Badiangan, Iloilo. Project Identification No. 2024-032-b-pa 2.0 The Funding Source Is Through The 20% Barangay Development Fund 2023 And 20% Barangay Development Fund 2024 In The Amount Of P 774,599.95 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: Project Engineer Project Foreman Unskilled Laborers Skilled Laborers 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: Road Grader Transit Mixer Concrete Screeder Road Roller Concrete Vibrator Concrete Saw Water Truck Payloader Bar Cutter 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. 774,599.95 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: October 29, 2024; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: October 29, 2024; 9:00 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 Sixty (60) Calendar Days, The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.22 The Procuring Entity Is Barangay Guinawahan, Badiangan, Iloilo. 1.23 The Procuring Entity’s Representative Is Hon. Jesus Ricky Pasmala, Punong Barangay. 1.24 The Site Of The Project Is At Brgy. Guinawahan, Badiangan, Iloilo. 1.28 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.31 The Works Include Concreting Of 70.5 L.m. X 5.0m Road To Include, Sub Grade Preparation, Aggregate Base Course, Shoulders 0.5m (min), 0.23m Thick Pccp, Mobilization / Demobilization And Project Signboard.. 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: Project Engineer Project Foreman Unskilled Laborers Skilled Laborers 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 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. Scc Clause 34.3 The Funding Source Is Through The 20% Barangay Development Fund 2023 And 20% Barangay Development Fund 2024. 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 – 032 – B - Pa Are Attached. 7please See On This Folder Plan For Project Identification No. 2024 – 032 - B - Pa Section Viii – Bill Of Quantities Bid No. 2024 – 032 – B - Pa Concreting Of Barangay Road, Brgy. Guinawahan, 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 105(1) Subgrade Preparation 423.00 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 201 Aggregate Base Course 99.00 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 311(1) Portland Cement Concrete Pavement (0.23m Thick) 352.50 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P B.5 Project Sign Board 1 Each Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) /each P …………………………..…….. Total P B.9 Mobilization / Demobilization 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 – 032 - B - Pa Concreting Of Barangay Road, Brgy. Guinawahan, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Subgrade Preparation P Ii) Aggregate Base Course P Iii) Portland Cement Concrete Pavement (0.23m Thick) P Iv) Project Sign Board P V) Mobilization / Demobilization 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 – 032 - B - Pa) _________________ 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 Concreting Of Barangay Road, Brgy. Guinawahan, 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 Propective 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 Philippine Bidding Documents (as Harmonized With Development Partners) Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo Bid No. Agr-24-1408-b Iloilo Provincial Government Sixth Edition Table Of Contents Glossary Of Terms, Abbreviations, And Acronyms 4 Section I. Invitation To Bid 7 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 16 1. Scope Of Contract 16 2. Sectional Completion Of Works 16 3. Possession Of Site 16 4. The Contractor’s Obligations 16 5. Performance Security 17 6. Site Investigation Reports 17 7. Warranty 17 8. Liability Of The Contractor 17 9. Termination For Other Causes 17 10. Dayworks 18 11. Program Of Work 18 12. Instructions, Inspections And Audits 18 13. Advance Payment 18 14. Progress Payments 18 15. Operating And Maintenance Manuals 18 Section V. Special Conditions Of Contract 19 Section Vi. Specifications 20 Section Vii. Drawings 35 Section Viii. Bill Of Quantities 36 Section Ix. Checklist Of Technical And Financial Documents 38 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. Republic Of The Philippines Iloilo Provincial Government Section I. Invitation To Bid For Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo Bid No. Agr-24-1408-b 1. The Iloilo Provincial Government, Through The 20% Nta Fy 2024 – Water Supply Intends To Apply The Sum Of Five Million Pesos (p 5,000,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Agr-24-1408-b For The Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo For The Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Completion Of The Works Is Required One Hundred Sixty-five 165 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 (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. 4. Interested Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines And Inspect The Bidding Documents At The Address Given Below From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On September 26, 2024 From 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 Five Thousand Pesos (p5, 000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On October 08, 2024, 9:00 A.m. At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines, And/or Through Videoconferencing/webcasting Via Zoom Conference Which Shall Be Open To Prospective Bidders. The Default Meeting Id And Password Shall Be: Meeting Id: 4340851724 // Password: 0922 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before October 22, 2024, 9:00 A.m. 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 16. 9. Bid Opening Shall Be On October 22, 2024, 9:00 A.m. At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Head, Bac Secretariat 5f New Iloilo Provincial Capitol Bonifacio Drive, Iloilo City Tel. No. (33) 336-0736 Fax No. (33) 337-7731 Email: Ipg_bacs@yahoo.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Www.iloilo.gov.ph September 18, 2024 Atty. Dennis T. Ventilacion Bac Chairperson Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Invites Bids For The Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo, With Project Identification Number Agr-24-1408-b. The Procurement Project (referred To Herein As “project”) Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of Five Million Pesos (p 5,000,000.00) 2.2. The Source Of Funding Is: A. 20% Nta Fy 2024 – Water Supply 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Office, 5th Floor, New Iloilo Provincial Capitol, Iloilo City And/or Through Videoconferencing 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. In Joint Ventures, A Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project, Shall Be Required. 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. 918 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. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until February 19, 2025. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: A) Construction Of Small Farm Reservoir 7.1 The Procuring Entity Has Prescribed That Subcontracting Is Not Allowed. 10.3 [specify If Another Contractor License Or Permit Is Required.] 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: Key Personnel General Experience Relevant Experience 1-project Engineer 1 Year 1 Year 1-health & Safety Officer 1 Year 1 Year 1-foreman 1 Year 1 Year 1-skilled Laborer 1 Year 1 Year 1-unskilled Laborer 1 Year 1 Year 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Heavy Equipment Prime Mover - 1 Dump Truck - 1 Backhoe - 1 12 Alternative Bids Are Not Allowed 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 19.2 Partial Bid Is Not Allowed 20 No Further Instructions. 21 The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: A. Construction Schedule And S-curve; B. Manpower Schedule; C. Construction Methods; D. Equipment Utilization Schedule; E. Construction Safety And Health Program Approved By The Department Of Labor And Employment; And F. Pert/cpm Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 4.1. The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 4.2. If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 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 Gcc Clause 2 As Per Construction Schedule/contract Period 3.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contracts. 6 No Further Instructions 7.2 [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. 10 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. 11.1 No Further Instructions 11.2 No Further Instructions 13 The Amount Of The Advance Shall Not Exceed 15% Of The Total Contract Price. 14 Materials And Equipment Delivered On The Site But Not Completely Installed Or Constructed Shall Not Be Included For Payment. 15.1 The Date By Which Operating And Maintenance Manuals Are Required Shall Be At Least 5 Days Before The Testing And Commissioning. The Date By Which “as Built” Drawings Are Required Prior To The Final Billing. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is 1% Of The Final Contract Amount. Section Vi. Specification General Requirements All Works To Be Done Shall Be With First Class Workmanship And Shall Conform To The Plans And Specifications. All Materials To Be Used Shall Be Of Good Quality And Properly Inspected By The Authorized Representative Or The Engineer In-charge. The Provincial Agriculturist Is Reserved The Right To Rescind, Terminate, Suspend The Contract If He Deems Necessary And To The Best Interest Of The Government. The Contractor Shall Be Liable For All Damages That Will Occur During The Construction Of The Project. Scope Of Works The Works Include Furnishing Of Labor, Materials, Tools, Equipment And Other Incidentals Necessary To Complete The Project Such As Miscellaneous Survey And Staking, Project Billboard / Signboard, Mobilization/demobilization And Surplus Common Excavation. Part A - General Condition A. The Works To Be Done Herein Shall Be The Construction Of Water Impounding As Of Approved And Of Quality Materials Completed As Per Plans, Details And Specifications. Supervision Of The Work Shall Be Done Under The Responsibility Of The Project Engineer With The Help Of The Construction Foreman. B. All Materials Employed And To Be Used In The Construction Shall Be Brand New, Unless Otherwise Or As Directed And Approved By The Project Engineer. C. Skilled Workmen And Workmanship Subject To Project Engineer’s Approval Shall Perform Methods Of The Construction In The Most Acceptable Manner. D. The Drawings Referred To In The Specifications Including Supplementary One, To Be Furnished As The Work Progress Are Intended To Cooperate With The Specification And To Form Part Hereof. Where Figures Are Given, They Are To Be Followed In Performance To Measurement By Scale. E. The Assigned Engineer Or Construction Foreman Shall Lay – Out The Building In Accordance With The Drawings And Directions On Plans As He Shall Not Only Responsible But Liable For Any Failure To Comply In This Respect With The Said Drawings, Specifications And Directions For Its Due And Accurate Location On The Lot. Part B – Other General Requirements B.1 Mobilization And Demobilization The Work Consists Of The Mobilization And Demobilization Of The Contractor’s Forces And Equipment Necessary For Performing The Work Required Under The Contract. It Does Not Include Mobilization And Demobilization For Specific Items Of Work In Fulfilling The Contract Requirements For The Commencement Of Work. B.1.1 Equipment And Material Mobilization Shall Include All Activities And Associated Costs For Transportation Of Contractor’s Personnel, Equipment, And Operating Supplies To The Site; Establishment Of Offices, Buildings, And Other Necessary General Facilities For The Contractor’s Operations At The Site. B.1.2 Demobilization Demobilization Shall Include All Activities And Associated Costs For Transportation Of Personnel, Equipment, And Supplies Not Required Or Included In The Contract From The Site; Including The Disassembly, Removal, And Site Cleanup Of Offices, Buildings, And Other Facilities Assembled On The Site Specifically For This Contract. B.2 Offices, Shops, Stores And Workmen’s Accommodation For Contractor The Contractor Shall Provide And Maintain Such Offices, Stores, Workshops Latrines, Housing And Messing Accommodations As Are Necessary, These Shall Be Located In The Contractor’s Compound, Distinct And Separate From The Engineer’s Compound. The Location, Dimensions And Layout Of Such Buildings And Places Shall Be Subject To The Approval Of The Engineer. The Contractor Shall Not Be Permitted To Erect Temporary Buildings Or Structures On The Site Without The Specific Permission In Writing Of The Engineer Including Approval Of The Dimensions Of Such Buildings Or Structures. Before The Commencement Of The Period Of Warranty, The Contractor Shall Fence Off The Contractor’s Store Area From The Rest Of The Site. By The End Of The Period Of Warranty, The Contractor Shall Remove This Fence, Clear All Buildings And Grade The Area As Required By The Engineer. B.2.1 Measurement And Payment Work Prescribed In Section B.2 Shall Not Be Measured And Paid Separately; Same Shall Be Deemed To Be Included In Pay Items For Other Items For Work. B.3 Medical Room And First Aid Facilities 1. The Contractor Shall Provide And Maintain Throughout The Duration Of The Contract A Medical Room Together With All Necessary Supplies To Be Sited In The Contractor’s Main Area. The Medical Room Shall Be Waterproof; It Could Be A Building Or Room Designated And Used Exclusively For The Purpose. It Shall Have A Floor Area Of At Least 15 Square Meters And A Glazed Window Area Of At Least 2 Square Meters. 2. The Contractor Shall Employ Permanently On The Site A Fully Trained Medical Aide, Who Shall Be Engaged Solely On Medical Duties. 3. The Location Of The Medical Room And Any Other Arrangements Shall Be Made Known To All Employees By Posting On Prominent Locations Suitable Notices In The Site. 4. The Contractor’s Arrangement To Comply With This Section Shall Be Subject To The Approval Of The Engineer And Also To The Approval Of Any Qualified Medical Officer Designated By The Government To Supervise Medical Arrangements On The Site. B.4 – Construction Survey And Staking B.4.1 Description This Item Shall Consist Of Furnishing The Necessary Equipment And Material To Survey, Stake, Calculate, And Record Data For The Control Of Work In Accordance With This Specification And In Conformity With The Lines, Grades And Dimensions Shown On The Plans Or As Established By The Engineer. B.4.2 Construction Requirements B.4.2.1 General Staking Activities Shall Be Included In The Construction Schedule To Be Submitted By The Contractor. Dates And Sequence Of Each Staking Activity Shall Be Included. The Engineer Shall Set Initial Reference Lines, Horizontal And Vertical Control Points, And Shall Furnish The Data For Use In Establishing Control For The Completion Of Each Element Of The Work. Data Relating To Horizontal And Vertical Alignments, Theoretical Slope Stake Catch Points, And Other Design Data Shall Be Furnished. The Contractor Shall Be Responsible For The True Settling Of The Works On Improvements And For Correctness Of Positions, Levels, Dimensions And Alignment Of All Parts Of The Works. He Shall Provide All Necessary Instruments, Appliances, Materials And Supplies, And Labor In Connection Therewith. The Contractor Shall Provide A Survey Crew Supervisor At The Project Site Whenever Surveying/staling Activity Is In Progress. Prior To Construction, The Engineer Shall Be Notified Of Any Missing Initial Reference Lines, Controls, Points, Or Stakes. The Engineer Shall Reestablish Missing Initial Reference Lines, Controls, Points, Or Stakes. The Contractor For Convenient Use Of Government-furnished Data Shall Perform Additional Calculations. Immediate Notification Of Apparent Errors In The Initial Staking Or In The Furnished Data Shall Be Provided. All Initial Reference And Control Points Shall Be Preserved. At The Start Of Construction, All Destroyed Or Disturbed Initial Reference Or Control Points Necessary To The Work Shall Be Replaced. Before Surveying And Staking, The Contractor Shall Discuss And Coordinate The Following With The Engineer: 1. Surveying And Staking Methods 2. Stake Marking/concrete Monuments 3. Grade Control For Courses Of Material 4. Referencing 5. Structure Control 6. Any Other Procedures And Controls Necessary For The Work Established Controls Shall Be Within The Tolerances Shown In Table 1. Table 1: Construction Survey And Staking Tolerances (1) Staking Phase Horizontal Vertical Existing Government Network Control Points ±20mm ±8mm X √k2 Local Supplemental Control Points Set From Existing Government Network Points ±10mm ±10mm X √n3 Centerline Points (4) – (pc), (pt), (pot), And (pac) Including References ±10mm ±10mm Other Centerline Points ±50mm ±50mm Cross-section Points And Slope Stakes (5) ±50mm ±50mm Slope Stakes References ±50mm ±50mm Culverts, Ditches, And Minor Drainage Structures ±50mm ±20mm Retaining Walls And Curb And Gutter ±20mm ±10mm Bridge Substructures ±10mm (6) ±10mm Bridge Superstructures ±10mm (6) ±10mm Clearing And Grubbing Limits ±500mm Roadway Subgrade Finish Stakes (7) ±50mm ±10mm Roadway Finish Grade Stakes (7) ±50mm ±10mm (1) At 95% Confidence Level. Tolerances Are Relative To Existing Government Network Control Points. (2) K Is The Distance In Kilometers. (3) N Is The Number Of Instruments Setups. (4) Centerline Points: Pc – Point Of Curve, Pt – Point Of Tangent, Pot – Point On Tangent, Poc – Point On Curve. (5) Take The Cross-sections Normal To The Centerline +1 Degree. (6) Bridge Control Is Established As Local Network And The Tolerances Are Relative To That Network. (7) Include Pave Ditches. The Contractor Shall Prepare Field Notes In An Approved Format. All Field Notes And Supporting Documentation Shall Become The Property Of The Government Upon Completion Of The Work. Work Shall Only Be Started After Staking For The Affected Work Is Accepted. The Construction Survey And Staking Work May Be Spot-checked By The Engineer For Accuracy, And Unacceptable Portions Of Work May Be Rejected. Rejected Work Shall Be Resurveyed, And Work That Is Not Within The Tolerances Specified In Table 1 Shall Be Corrected. Acceptance Of The Construction Staking Shall Not Relieve The Contractor Of Responsibility For Correcting Errors Discovered During The Work And For Bearing All Additional Costs Associated With The Error, Unless Such Error Is Based On Incorrect Data Supplied In Writing By The Engineer, In Which Case, The Expense In Rectifying The Same Shall Be At The Expense Of The Government. In The Case Of “change” Or “changed Conditions” Which Involve Any Change In Stakeout, The Contractor Shall Coordinate With The Engineer And Facilitate The Prompt Reestablishment Of The Field Control For The Altered Or Adjusted Work. All Flagging, Lath, Stakes, And Other Staking Materials Shall Be Removed And Disposed After The Project Is Completed. B.4.2.2 Equipment Survey Instruments And Supporting Equipment Capable Of Achieving The Specified Tolerances Shall Be Furnished. Acceptable Tools, Supplies, And Stakes Of The Type And Quality Normally Used In Highway Survey Work And Suitable For The Intended Use Shall Be Furnished. Stakes And Hubs Of Sufficient Length To Provide A Solid Net In The Ground With Sufficient Surface Area Above Ground For Necessary Legible Markings Shall Also Be Furnished. B.4.2.3 Survey And Staking Requirements All Survey, Staking, Recording Data, And Calculations Necessary To Construct The Project From The Initial Layout To Final Completion Shall Be Performed. Stakes Shall Be Reset As Many Times As Necessary To Construct The Work. 1. Control Points Established Initial Horizontal And Vertical Control Points In Conflict With Construction Shall Be Relocated To Areas That Will Not Be Disturbed By Construction Operations. The Coordinates And Elevations For The Relocated Points Shall Be Furnished Before The Initial Points Are Disturbed. 2. Roadway Cross-sections Roadway Cross-sections Shall Be Taken Normal Or Perpendicular To The Centerline. When The Centerline Horizontal Curve Radius Is Less Than Or Equal To 150 Meters And Vertical Parabolic Curve Radius Is Less Than Or Equal To 100 Meters, Cross-sections Shall Be Taken At A Maximum Centerline Spacing Of 10 Meters. When The Centerline Horizontal Curve Radius Is Greater Than 150 Meters And Vertical Parabolic Curve Radius Is Greater Than 100 Meters, Cross-sections Shall Be Taken At A Maximum Centerline Spacing 20 Meters. Additional Cross-sections Shall Be Taken At Significant Breaks In Topography And At Changes In The Typical Roadway Section Including Transition Change To Super Elevated Sections. Along Each Cross-section, Points Shall Be Measured And Recorded At Breaks In Topography And At Changes In Typical Roadway Section Including Transition Change To Super Elevated Sections And Shall Be No Further Apart Than 5 Meters. Points Shall Be Measured And Recorded To At Least The Anticipated Slope Stake And Reference Locations. All Cross-section Distances Shall Be Reduced To Horizontal Distances From Centerline. 3. Slope Stakes And References Slope Stakes And References Shall Be Set On Both Sides Of Centerline At The Cross-section Locations. Slope Stakes Shall Be Established In The Field As The Actual Point Of Intersection Of The Design Roadway Slope With The Natural Ground Line. Slope Stake References Shall Be Set Outside The Clearing Limits. All Reference Point And Slope Stake Information Shall Be Included On The Reference Stakes. When Initial References Are Provided, Slope Stakes May Be Set From These Points With Verification Of The Slope Stake Location With Field Measurements. Slope Stakes On Any Section That Do Not Match With The Staking Report Within The Tolerances Established In Table 1 Shall Be Recatched. Roadway Cross-section Data Shall Be Taken Between Centerline And The New Slope Stake Location. Additional References Shall Be Set Even When The Initial References Are Provided. 4. Clearing And Grubbing Limits Clearing And Grubbing Limits Shall Be Set Both Sides Of Centerline At Roadway Cross-section Locations, Extending One (1) Meter Beyond The Toe Of The Fill Slopes Or Beyond Rounding Of Cut Slopes As The Case Maybe For The Entire Length Of The Project Unless Otherwise Shown On The Plans Or As Directed By The Engineer. 5. Centerline Reestablishment Centerline Shall Be Reestablished From Instrument Control Points. The Maximum Spacing Between Centerline Points Shall Be 10 Meters When The Centerline Horizontal Curve Radius Is Less Than Or Equal To 150 Meters And Vertical Parabolic Curve Radius Is Less Than Or Equal To 100 Meters. When The Centerline Horizontal Curve Radius Is Greater Than 150 Meters And Vertical Parabolic Curve Radius Is Greater Than 100 Meters, The Maximum Distance Between Centerline Points Shall Be 20 Meters. 6. Grade Finishing Stakes Grade Finishing Stakes Shall Be Set For Grade Elevations And Horizontal Alignment, At The Centerline And At Each Shoulder Of Roadway Cross-section Locations. Stakes Shall Be Set At The Top Of Subgrade And The Top Of Each Aggregate Course. Where Turnouts Are Constructed, Stakes Shall Be Set At The Centerline, At Each Normal Shoulder, And At The Shoulder Of The Turnout. In Parking Areas, Hubs Shall Be Set At The Centerline And Along The Edges Of The Parking Area. Stakes Shall Be Set At All Ditches To Be Paved. The Maximum Longitudinal Spacing Between Stakes Shall Be 10 Meters When The Centerline Horizontal Curve Radius Is Less Than Or Equal To 150 Meters And Vertical Parabolic Curve Radius Is Less Than Or Equal To 100 Meters. When The Centerline Horizontal Curve Radius Is Greater Than 150 Meters And Vertical Parabolic Curve Radius Is Greater Than 100 Meters, The Maximum Longitudinal Spacing Between Stakes Shall Be 20 Meters. The Maximum Transverse Spacing Between Stakes Shall Be 5 Meters. Brushes Or Guard Stakes Shall Be Used At Each Stake. 7. Culverts Culverts Shall Be Staked To Fit Field Conditions. The Location Of Culverts May Differ From The Plans. The Following Shall Be Performed: A. Survey And Record The Ground Profile Along The Culvert Centerline Including Inlet And Outlet Channel Profile Of At Least 10 Meters And As Additionally Directed By The Engineer So As To Gather All Necessary Data For The Preparation Of Pipe Projection Plan. B. Determine The Slope Catch Points At The Inlet And Outlet. C. Set The Reference Points And Record Information Necessary To Determine Culvert Length And End Treatments. D. Plot Into Scale The Profile Along The Culvert Centerline Reflecting The Natural Ground Elevation, Invert Elevation, The Flow Line, The Roadway Section, And The Size, Length And The Degree Of Elbow Of Culvert, End Treatments, Grade And Other Appurtenances. E. Plot Into Scale The Cross-section Of Inlet And Outlet Channel At Not More Than 5 Meters Interval. F. Submit The Plotted Pipe Projection Plan For Approval Of Final Culvert Length, Alignment And Headwall. G. When The Pipe Projection Plan Has Been Approved, Set Drainage Culvert Structure Survey And References Stakes, And Stake Inlet And Outlet To Make The Structure Functional. 8. Retaining Walls And Other Types Of Slope Protection Works Profile Measurements Along The Face Of The Proposed Wall And 2 Meters In Front Of The Wall Face Shall Be Surveyed And Recorded. Cross-sections Shall Be Taken Within The Limits Designated By The Engineer At Every 5 Meters Along The Length Of The Wall And All Major Breaks In Terrain. For Each Cross-section, Points Shall Be Measured And Recorded Every 5 Meters And At All Major Breaks In Terrain. Adequate References And Horizontal And Vertical Control Points Shall Be Set. 9. Borrow And Waste Site The Work Essential For Initial Layout And Measurement Of The Borrow Or Waste Site Shall Be Performed. A Referenced Baseline, Site Limits, And Clearing Limits Shall Be Established. Initial And Final Cross-sections Shall Be Surveyed And Recorded. 10. Permanent Monuments And Markers All Survey And Staking Necessary To Establish Permanent Monuments And Markers Shall Be Performed. 11. Miscellaneous Survey And Staking All Surveying, Staking, And Recording Of Data Essential For Establishing The Layout And Control Of The Following Shall Be Performed, As Applicable: A. Approach Roads And Trails B. Road Right Of Way And Construction Limit In Accordance With The Approved Parcellary Plan. C. Curb And Gutter D. Guardrail E. Parking Areas F. Paved Waterways And Outfall Structures G. Lined Canals And Other Ditches H. Chutes And Spillways I. Turf Establishment J. Utilities K. Signs, Delineators, And Object Markers L. Pavement Markings B.4.3 Method Of Measurement Construction Survey And Staking Shall Be Measured By The Kilometer. Slope, Reference, And Clearing And Grubbing Stakes Shall Be Measured By The Kilometer. Centerline Establishment Shall Be Measured By The Kilometer. Centerline Reestablishment Shall Be Measured Only One Time. Culvert Survey And Staking Shall Be Measured By The Each. Grade Finishing Stakes Shall Be Measured By The Hour Of Survey Of Work Ordered Or By The Lump Sum. For Miscellaneous Survey And Staking Paid By The Hour, The Minimum Survey Crew Size Shall Be 2 Persons. Time Spent In Making Preparations, Travelling To And From The Project Site, Performing Calculations, Plotting Cross-sections And Other Data, Processing Computer Data, And Other Efforts Necessary To Successfully Accomplish Construction Survey And Staking Shall Not Be Measured Separately But Deemed Included As Subsidiary For Each Of The Pay Item. B.5 – Project Billboard The Contractor Shall Ensure That The Project Site Is Identified With Information Billboard Which Shall Be Erected At The Beginning And Ending Of The Proposed Project. The Layout Of The Billboard Is Cited In Annex 14 Of The Prdp Operations Manual. It Shall Accord To The Specifications Pursuant To The Commission On Audit (coa) Circular No. 2013-004 Issued On January 30, 2013. Annex 14 Project Billboard Coa Billboard Pao Billboard The Billboard’s Specifications Shall Conform To The Following Requirements: A. Tarpaulin, White, 8ft X 8ft (coa) And 4ft X 8ft (pao): B. Resolution: 70 Dpi; C. Font: Helvetica; D. Font Size: Main Information – 3”; E. Sub-information – 1”; F. Font Color: Black; G. Suitable Frame: Rigid Wood Or Steel Frame With Post; And, H. Posting: Outside Display At The Project Location After Award Has Been Made. B.5.1 Measurement The Supply And Erection Of Project Billboard Shall Be In Accordance With Provisions Of This Specification And Shall Be Measured For Payment. B.5.2 Basis Of Payment Payments Shall Be In Accordance With All The Cost Associated With The Compliance Of This Specification And Shall Be Included In The Contractor’s Bid Price. No Additional Or Separate Payment Will Be Made In This Regard As Well As For The Maintenance Of The Billboard. Pay Item Number Description Unit Of Measurement B.5 Project Billboard Each B.8 Traffic Management This Item Shall Provide The Planning And Implementation Of Traffic Plans, This Refers To The Direction, Control And Supervision Of All Vehicular And Pedestrian Traffic Around Construction Zone, To Ensure The Safety Of Construction Workers And The General Public. Traffic Control Measures Shall Include Posting Of Traffic Controllers, Roads Closure, Foothpath Closure, Detours, Signing/speed Reductions And Other Warnings/directional Signage. Part C – Earthwork Item 102 – Excavation 102.1 Description This Item Shall Consist Of Roadway Drainage And Borrow Excavation, And The Disposal Of Material In Accordance With This Specification And In Conformity With The Lines, Grades And Dimensions Shown On The Plans Or Established By The Engineer. 102.1.1 Roadway Excavation Roadway Excavation Will Include Excavation And Grading For Roadways, Parking Areas, Intersections, Approaches, Slope Rounding, Benching, Waterways And Ditches: Removal Of Unsuitable Material From The Roadbed And Beneath Embankment Areas: And Excavating Selected Material Found In The Roadway As Ordered By The Engineer For Specific Use In The Improvement. Roadway Excavation Will Be Classified As “unclassified Excavation”, “rock Excavation”, “common Excavation”, Or “muck Excavation” As Indicated In The Bill Of Quantities And Hereinafter Described. (1) Unclassified Excavation. Unclassified Excavation Shall Consist Of The Excavation And Disposal Of All Materials Regardless Of Its Nature, Not Classified And Included In The Bill Of Quantities Under Other Pay Items. (2) Rock Excavation. Rock Excavation Shall Consist Of Excavation Of Igneous, Sedimentary And Metamorphic Rocks Which Cannot Be Excavated Without Blasting Or The Use Of Rippers, And All Boulders Or Other Detached Stones Each Having A Volume Of 1 Cubic Meter Or More As Determined By Physical Measurements Or Visually By The Engineer. (3) Common Excavation. Common Excavations Shall Consist Of All Excavation Not Included In The Bill Of Quantities Under “rock Excavation” Or Other Pay Items. (4) Muck Excavation. Muck Excavation Shall Consist Of The Removal And Disposal Of Deposits Of Saturated Or Unsaturated Mixtures Of Soils And Organic Matter Not Suitable For Foundation Materials Regardless Of Moisture Content. 102.1.2 Borrow Excavation Borrow Excavation Shall Consist Of The Excavation And Utilization Of Approved Materials Required For The Construction Of Embankments Or For Other Portions Of The Work, And Shall Be Obtained From Approved Sources, In Accordance With Clause 61, Standard Specifications For Public Works And Highways, Volume 1 And The Following: (1) Borrow, Case 1 Borrow Case 1 Will Consist Of Material Obtained From Sources Designated On The Plans Or In The Special Provisions. (2) Borrow, Case 2 Borrow Case 2 Will Consist Of Material Obtaine4d From Sources Provided By The Contractor. The Material Shall Meet The Quality Requirements Determined By The Engineer Unless Otherwise Provided In The Contract. 102.2 Construction Requirements 102.2.1 General When There Is Evidence Of Discrepancies On The Actual Elevations And That Shown On The Plans, A Pre-construction Survey Referred To The Datum Plane Used In The Approved Plan Shall Be Undertaken By The Contractor Under The Control Of The Engineer To Serve As Basis For The Computation Of The Actual Volume Of The Excavated Materials. All Excavation Shall Be Finished To Reasonably Smooth And Uniform Surfaces. No Materials Shall Be Wasted Without Authority Of The Engineer. Excavation Operations Shall Be Conducted So That Material Outside Of The Limits Of Slopes Will Not Be Disturbed. Prior To Excavation, All Necessary Clearing And Grubbing In That Area Shall Have Been Performed In Accordance With Item 100, Clearing And Grubbing. 102.2.2 Conservation Of Topsoil Where Provided For On The Plans Or In The Special Provisions, Suitable Topsoil Encountered In Excavation And On Areas Where Embankment Is To Be Placed Shall Be Removed To Such Extent And To Such Depth As The Engineer May Direct. The Removed Topsoi8l Shall Be Transported And Deposited In Storage Piles At Locations Approved By The Engineer. The Topsoil Shall Be Completely Removed To The Required Depth From Any Designated Area Prior To The Beginning Of Regular Excavation Or Embankment Work In The Area And Shall Be Kept Separate From Other Excavated Materials For Later Use. 102.2.3 Utilization Of Excavated Materials All Suitable Materials Removed From The Excavation Shall Be Used In The Formation Of The Embankment, Subgrade, Shoulders, Slopes, Bedding, And Backfill For Structures, And For Other Purposes Shown On The Plans Or As Directed. The Engineer Will Designate As Unsuitable Those Soils That Cannot Be Properly Compacted In The Embankments. All Unsuitable Materials Shall Be Disposed Of As Shown On The Plans Or As Directed Without Delay To The Contractor. Only Approved Materials Shall Be Used In The Construction Embankments And Backfills. All Excess Materials, Including Rock And Boulders That Cannot Be Used In Embankments Shall Be Disposed Of As Directed. Materials Encountered In Excavation And Determined By The Engineer As Suitable For Topping, Road Finishing, Slope Protection, Or Other Purposes Shall Be Conserved And Utilized As Directed By The Engineer. Borrow Materials Shall Not Be Placed Until After The Readily Accessible Materials From Roadway Excavation Has Been Placed In The Fill, Unless Otherwise Permitted Or Directed By The Engineer. If The Contractor Places More Borrow Than Is Required And Thereby Causes A Waste Of Excavation, The Amount Of Such Waste Wi8ll Be Deducted From The Borrow Volume. 102.2.4 Pre-watering Excavation Areas And Borrow Pits May Be Pre-watered Before Excavating The Material. When Pre-watering Is Used, The Areas To Be Excavated Shall Be Moistened To The Full Depth, From The Surface To The Bottom Of The Excavation. The Water Shall Be Controlled So That The Excavated Material Will Contain The Proper Moisture To Permit Compaction To The Specified Density With The Use Of Standard Compacting Equipment. Pre-watering Shall Be Supplemented Where Necessary, By Truck Watering Units, To Ensure That The Embankment Material Contains The Proper Moisture At The Time Of Compaction. The Contractor Shall Provide Drilling Equipment Capable Of Suitably Checking The Moisture Penetration To The Full Depth Of The Excavation. 102.2.5 Presplitting Unless Otherwise Provided In The Contract, Rock Excavation Which Requires Drilling And Shooting Shall Be Presplit. Presplitting To Obtain Faces In The Rock And Shale Formations Shall Be Performed By: (1) Drilling Holes At Uniform Intervals Along The Slope Lines, (2) Loading And Stemming The Holes With Appropriate Explosives And Stemming Material, And (3) Detonating The Holes Simultaneously. Prior To Starting Drilling Operations For Presplitting, The Contractor Shall Furnish The Engineer A Plan Outlining The Position Of All Drill Holes Depth Of Drilling, Type Of Explosives To Be Used, Loading Pattern And Sequence Of Firing. The Drilling And Blasting Plan Is For Record Purposes Only And Will Not Absolve The Contractor Of His Responsibility For Using Proper Drilling And Blasting Procedures. Controlled Blasting Shall Begin With A Short Test Section Of A Length Approved By The Engineer. The Test Section Shall Be Presplit, Production Drilled And Blasted And Sufficient Material Excavated Whereby The Engineer Can Determine If The Contractor’s Methods Are Satisfactory. The Engineer May Order Discontinuance Of The Presplitting When He Determines That The Materials Encountered Have Become Unsuitable For Being Presplit. The Holes Shall Be Charged With Explosives Of The Size, Kind, Strength And At The Spacing Suitable For The Formations Being Presplit, And With Stemming Material Which Passes A 9.5 Mm Standard Sieve And Which Has The Qualities For Proper Confinement Of Explosives. The Finished Presplit Slope Shall Be Reasonably Uniform And Free Of Loose Rock. Variance From The True Plane Of The Excavated Backs Slope Shall Not Exceed 300 Mm; However, Localized Irregularities Or Surface Variations That Do Not Constitute A Safety Hazard Or An Impairment To Drainage Courses Or Facilities Will Be Permitted. A Maximum Offset Of 600 Mm Will Be Permitted For A Construction Working Bench At The Bottom Of Each Lift For Use In Drilling The Next Lower Presplitting Pattern. 102.2.6 Excavation Of Ditches, Gutters, Etc. All Materials Excavated From Side Ditches And Gutters, Channel Changes, Irrigation Ditches, Inlet And Outlet Ditches, Toe Ditches, Furrow Ditches And Such Other Ditches As May Be Designated On The Plans Or Staked By The Engineer, Shall Be Utilized As Provided In Subsection 102.2.3. Ditches Shall Conform To The Slope, Grade, And Shape Of The Required Cross-section, With No Projections Of Roots, Stumps, Rock, Or Similar Matter. The Contractor Shall Maintain And Keep Open And Free From Leaves, Sticks, And Other Debris All Ditches Dug By Him Until Final Acceptance Of The Work. Furrow Ditches Shall Be Formed By Plowing A Continuous Furrow Along The Line Staked By The Engineer. Methods Other Than Plowing May Be Used If Acceptable To The Engineer. The Ditches Shall Be Cleaned Out By Hand Shovel Work, By Ditcher, Or By Some Other Suitable Method, Throwing All Loose Materials On The Downhill Side So That The Bottom Of The Finished Ditch Shall Be Approximately 450 Mm Below The Crest Of The Loose Material Piled On The Downhill Side. Hand Finish Will Not Be Required, But The Flow Lines Shall Be In Satisfactory Shape To Provide Drainage Without Overflow. 102.2.7 Excavation Of Roadbed Level Rock Shall Be Excavated To A Depth Of 150 Mm Below Subgrade Within The Limits Of The Roadbed, And The Excavation Backfilled With Material Designated On The Plans Or Approved By The Engineer And Compacted To The Required Density. When Excavation Methods Employed By The Contractor Leave Undrained Pockets In The Rock Surface, The Contractor Shall At His Own Expense, Properly Drain Such Depressions Or When Permitted By The Engineer Fill The Depressions With Approved Impermeable Material. Material Below Subgrade, Other Than Solid Rock Shall Be Thoroughly Scarified To A Depth Of 150 Mm And The Moisture Content Increased Or Reduced, As Necessary, To Bring The Material Throughout This 150 Mm Layer To The Moisture Content Suitable For Maximum Compaction. This Layer Shall Then Be Compacted In Accordance With Subsection 104.3.3. 102.2.8 Borrow Areas The Contractor Shall Notify The Engineer Sufficiently In Advance Of Opening Any Borrow Areas So That The Cross-section Elevations And Measurements Of The Ground Surface After Stripping May Be Taken, And The Borrow Material Can Be Tested Before Being Used. Sufficient Time For Testing The Borrow Material Shall Be Allowed. All Borrow Areas Shall Be Bladed And Left In Such Shape To Permit Accurate Measurements After Excavation Has Been Completed. The Contractor Shall Not Excavate Beyond The Dimensions And Elevations Established, And No Material Shall Be Removed Prior To The Staking Out And Cross-sectioning Of The Site. The Finished Borrow Areas Shall Be Approximately True To Line And Grade Established And Specified And Shall Be Finished, As Prescribed In Clause 61, Standard Specifications For Public Works And Highways, Volume 1. When Necessary To Remove Fencing, The Fencing Shall Be Replaced In At Least As Good Condition As It Was Originally. The Contractor Shall Be Responsible For The Confinement Of Livestock When A Portion Of The Fence Is Removed. 102.2.9 Removal Of Unsuitable Material Where The Plans Show The Top Portion Of The Roadbed To Be Selected Topping, All Unsuitable Materials Shall Be Excavated To The Depth Necessary For Replacement Of The Selected Topping To The Required Compacted Thickness. Where Excavation To The Finished Graded Section Results In A Subgrade Or Slopes Of Unsuitable Soil, The Engineer May Require The Contractor To Remove The Unsuitable Material And Backfill To The Finished Graded Section With Approved Material. The Contractor Shall Conduct His Operations In Such A Way That The Engineer Can Take The Necessary Cross-sectional Measurements Before The Backfill Is Placed. The Excavation Of Muck Shall Be Handled In Manner That Will Not Permit The Entrapment Of Muck Within The Backfill. The Material Used For Backfilling Up To The Ground Line Or Water Level, Whichever Is Higher, Shall Be Rock Or Other Suitable Granular Material Selected From The Roadway Excavation, If Available. If Not Available, Suitable Material Shall Be Obtained From Other Approved Sources. Unsuitable Material Removed Shall Be Disposed Of In Designated Areas Shown On The Plans Or Approved By The Engineer. 102.3 Method Of Measurement The Cost Of Excavation Of Material Which Is Incorporated In The Works Or In Other Areas Of Sill Shall Be Deemed To Be Included In The Items Of Work Where The Material Is Used. Measurement Of Unsuitable Or Surplus Material Shall Be The Net Volume In Its Original Position. For Measurement Purposes, Surplus Suitable Material Shall Be Calculated As The Difference Between The Net Volumes Of Suitable Material Required To Be Used In Embankment Corrected By Applying Shrinkage Factor Or A Swell Factor In Case Of Rock Excavation, Determined By Laboratory Tests To Get Its Original Volume Measurement, And The Net Volume Of Suitable Material From Excavation In The Original Position. Separate Pay Items Shall Be Provided For Surplus Common, Unclassified And Rock Material. The Contractor Shall Be Deemed To Have Included In The Contract Unit Prices All Costs Of Obtaining Land For The Disposal Of Unsuitable Or Surplus Material. Section Vii. Drawings Annex A – Architectural Design Annex B- Project Billboard Plan Section Viii. Bill Of Quantities Bid No. Agr- 24-1408-b Item Description Quantity Unit Unit Cost Total Cost No. B.4 (10) Miscellaneous Survey And Staking 1.00 L.s. Pesos And Ctvs. (p ) / L.s. P B.5 Project Billboard / Signboard 4.00 Each Pesos And Ctvs. (p ) / Each P B.9 Mobilization/demobilization 1.00 L.s. Pesos And Ctvs. (p ) / L.s. P 102 (2) Surplus Common Excavation 46,338.38 Cu.m. Pesos And Ctvs. (p ) / Cu.m P Total Bid Cost In Figures P Total Bid Cost In Words Summary Of Costs Item No. Bid Amount B.4 (10) Miscellaneous Survey And Staking ₱ _____________________________ B.5 Project Billboard / Signboard ₱ _____________________________ B.9 Mobilization/demobilization ₱ _____________________________ 102 (2) Surplus Common Excavation ₱ _____________________________ Total Bid Amount ₱ _____________________________ Section Ix. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures; And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate 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 ⬜ (h) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc). Class “b” Documents ⬜ (i) 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 ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (k) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (l) 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 ⬜ 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 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 Allowable Forms Of Performance Security, Subject To The Terms And Conditions Of Issued Gppb Guidelines12 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] Omnibus Sworn Statement (revised) [shall Be Submitted With The Bid] Republic Of The Philippines ) City/municipality Of ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [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. [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 Goods Government Of The Republic Of The Philippines Third Edition October 2009 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines (gop) For Use By All Branches, Agencies, Departments, Bureaus, Offices, Or Instrumentalities Of The Government, Including Government-owned And/or -controlled Corporations (goccs), Government Financial Institutions (gfis), State Universities And Colleges (sucs), And Local Government Units (lgus). 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 Gop Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (a) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract; (b) The Eligibility Requirements Of Bidders, Such As Track Record To Be Determined By The Head Of The Procuring Entity; (c) The Expected Contract Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (d) The Obligations, Duties, And/or Functions Of The Winning Bidder. In Order To Simplify The Preparation Of The Bidding Documents For Each Procurement, The Pbds Groups The Provisions That Are Intended To Be Used Unchanged In Ii. Instructions To Bidders (itb) And In Section Iv. General Conditions Of Contract (gcc). Data And Provisions Specific To Each Procurement And Contract Should Be Included In Section Iii. Bid Data Sheet (bds); Section V. Special Conditions Of Contract (scc); Section Vi. Schedule Of Requirements; And Section Vii. Technical Specifications. The Forms To Be Used Are Provided In Section Viii. Bidding Forms. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. In Addition, 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, Except For The Notes Introducing Section Viii. Bidding Forms Where The Information Is Useful For The Bidder. 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 Project. (b) Specific Details, Such As The Name Of The Procuring Entity And Address For Bid Submission, Should Be Furnished In The Itb, Bds, And Scc. 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, Bds, Scc, 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. The Bidding Documents Should Contain No Footnotes Except Section Viii. Bidding Forms Since These Provide Important Guidance To Bidders. (d) The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Names Of The Project, Contract, And Procuring Entity, In Addition To Date Of Issue. (e) If Modifications Must Be Made To Bidding Procedures, They Can Be Presented In The Bds. Modifications For Specific Project Or Contract Details Should Be Provided In The Scc As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bds Or Scc These Terms Shall Be Printed In Bold Type Face On Section I. Instructions To Bidders And Section Iii. General Conditions Of Contract, Respectively. Table Of Contents Section I. Invitation To Bid 5 Section Ii. Instructions To Bidders 10 Section Iii. Bid Data Sheet 36 Section Iv. General Conditions Of Contract 50 Section V. Special Conditions Of Contract 67 Section Vi. Schedule Of Requirements 80 Section Vii. Technical Specifications 81 Section Viii. Bidding Forms 85 Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Sections 21.2.2 Of The Irr Of Ra 9184; (b) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website, The Website Of The Procuring Entity Concerned, If Available, And The Website Prescribed By The Foreign Government/foreign Or International Financing Institution, If Applicable, For A Minimum Period Of Seven (7) Calendar Days Starting On The Date Of Advertisement; And (c) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned For A Minimum Period Of Seven (7) Calendar Days, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned. Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bid Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; (b) The Place Where The Bidding Documents May Be Purchased Or The Website Where It May Be Downloaded; (c) The Deadline For The Submission And Receipt Of Bids From The Last Day Of Posting Of The Invitation To Bid; And (d) Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Invitation To Bid Should Be Incorporated Into The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Procurement Of Various Drugs & Medicines 1. Select One Of The Two Following Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: The Lgu-mapanas, Through The Annual Budget Of 2024 Of General Fund Intends To Apply The Sum Of Seven Hundred Ninety Nine Thousand Five Hundred Seven Pesos Only (php799,507.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Pr No. 2024-10-077 Procurement Of Various Drugs And Medicines And Other Supplies For Rhu-mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Lgu-mapanas Now Invites Bids For Procurement Of Various Drugs And Medicines . Delivery Of The Goods Is Required 20 Calendar Days From Receipt Of Ntp. Bidders Should Have Completed, Within 20 Calendar 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. Select One Of The Following Two Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”. In Addition, Select One Of The Two Following Paragraphs And Delete The Other Depending On The Existence Of Conditions Under Section 23.5.1.2 Of The Irr Of Ra 9184: (i) Select This Paragraph If Conditions (a), (c), And (d) Under Section 23.5.1.2 Of The Irr Of Ra 9184 Do Not Exist: 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 5183 And Subject To Commonwealth Act 138. (ii) Select This Paragraph If Condition (a), (c), Or (d) Under Section 23.5.1.2 Of The Irr Of Ra 9184 Exists: Bidding Is Open To All Interested Bidders, Whether Local Or Foreign, Subject To The Conditions For Eligibility Provided In The Irr Of Ra 9184. B) If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Bidding Will Be Conducted In Accordance With Relevant Procedures For Open Competitive Bidding As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”, With Some Amendments, As Stated In These Bidding Documents And Is Open To All Bidders From Eligible Source Countries As Defined In The Applicable Guidelines Of The [state The Foreign Government/foreign Or International Financing Institution Concerned (e.g. Asian Development Bank, Japan International Cooperation Agency, Or World Bank)]. 4. Interested Bidders May Obtain Further Information From [insert Name Of The Procuring Entity] And Inspect The Bidding Documents At The Address Given Below During [insert Office Hours]. 5. Select One Of The Following Two Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders On October 8, 2024-october 25, 2024 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of One Thousand Pesos Only (php1,000.00) 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 Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. B) If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders On October 8, 2024-october 25, 2022 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of One Thousand Pesos Only (php1,000.00) It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps), The Website Of The Procuring Entity, And Mapanasnorthernsamar.gov.ph, Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. Select One Of The Following Two Paragraphs, And Delete The Other: A) If The Procuring Entity Intends To Open The Pre-bid Conference To All Interested Bidders: The Lgu-mapanas Will Hold A Pre-bid Conference On October 17, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar Which Shall Be Open To All Interested Parties. B) If The Procuring Entity Intends To Limit The Pre-bid Conference To Bidders Who Have Purchased The Bidding Documents: The Lgu-mapanas Will Hold A Pre-bid Conference On October 17, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 7. Bids Must Be Delivered To The Address Below On Or Before October 28, 2024 At 9:00 A.m. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bid Opening Shall Be On October 28, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar . Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. Lgu-mapanas, Barangay Del Norte, Mapanas, Northern Samar 9. The Lgu-mapanas 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. 10. For Further Information, Please Refer To: Reno C. Salazar Head Bac Secretariat Brgy. Del Norte, Mapanas, Northern Samar 6412 Renosalazar123@yahoo.com.ph Mapanasn.samar.gov.ph Ma. Teresa L. Minguez Bac Chairperson Cp # 09778033758 Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section Of The Bidding Documents 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, Opening, Evaluation, And Award Of Contract. Section Ii Contains Provisions That Are To Be Used Unchanged. Section Iii Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information Or Requirements Included In Section Ii Which Are Specific To Each Procurement. Matters Governing Performance Of The Bidder, Payments, Or Those Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Not Normally Included In This Section, But Rather Under Section Iv. General Conditions Of Contract, And/or Section V. Special Conditions Of Contract. If Duplication Of A Subject Is Inevitable In The Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. 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 15 6. Bidder’s Responsibilities 17 7. Origin Of Goods 18 8. Subcontracts 18 B. Contents Of Bidding Documents 19 9. Pre-bid Conference 19 10. Clarification And Amendment Of Bidding Documents 19 C. Preparation Of Bids 20 11. Language Of Bid 20 12. Documents Comprising The Bid: Eligibility And Technical Components 20 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 22 15. Bid Prices 22 16. Bid Currencies 23 17. Bid Validity 24 18. Bid Security 24 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. Domestic Preference 29 28. Detailed Evaluation And Comparison Of Bids 30 29. Post-qualification 31 30. Reservation Clause 32 F. Award Of Contract 33 31. Contract Award 33 32. Signing Of The Contract 34 33. Performance Security 34 34. Notice To Proceed 35 A. General 1. Scope Of Bid 1.1. The Procuring Entity Named In The Bds (hereinafter Referred To As The “procuring Entity”) Wishes To Receive Bids For Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications (hereinafter Referred To As The “goods”). 1.2. The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 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. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. 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. In Pursuance Of This Policy, The Procuring Entity: (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 Government, 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 Ra 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. (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; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under 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 Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 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) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) 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; Or (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. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) 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 Sixty Percent (60%) 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 Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2. Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds: (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. Unless Otherwise Provided In The Bds, The Bidder Must Have Completed At Least One Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The National Statistics Office Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant 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) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Viii. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The 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 Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. 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. 6.7. Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8. The Bidder Should Note That The Procuring Entity Will 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 Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods 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 Comply With The Eligibility Criteria And The Documentary Requirements 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 Goods Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. 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 Clarifications On Any Part Of The Bidding Documents 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 Bid The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class “a” Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within The Period Stated In The Bds, 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) Kinds Of Goods; (iii.4) Amount Of Contract And Value Of Outstanding Contracts; (iii.5) Date Of Delivery; And (iii.6) End User’s Acceptance Or Official Receipt(s) Issued For The Contract, If Completed. (iv) Audited Financial Statements, Stamped “received” By The Bureau Of Internal Revenue (bir) Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year, Which Should Not Be Earlier Than Two (2) Years From Bid Submission; (v) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class “b” Document: (vi) If Applicable, The 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. (b) Technical Documents – (i) Bid Security In Accordance With 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, It Shall Be Accompanied By A Certification By The Insurance Commission That The Surety Or Insurance Company Is Authorized To Issue Such Instruments; (ii) Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And (iii) Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii. 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 And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds. 13.2. Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. 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. 15. Bid Prices 15.1. The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4. 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), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable: (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) 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 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, Listed In The Bds. 15.5. Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6. All Bid Prices 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 The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1. Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated 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 As Published In The Bsp Reference Rate Bulletin 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 Foregoing Exchange Rates. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security, Issued In Favor Of The Procuring Entity, 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. 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 Lgus, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And 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 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The 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 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period Or A Finding Against Their Veracity As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; 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 Viii. Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 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 The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. 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 In Accordance With Itb Clause 1.1; (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. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. 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. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements 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)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification, Within Which To File A Request Or Motion For Reconsideration With The Bac: Provided, However, That The Motion 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 Motion For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Motion For Reconsideration Or Protest Has Been Resolved. 24.8. 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. 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. Domestic Preference 27.1. Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2. A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3. A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1. 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. 28.2. The Lowest Calculated Bid Shall Be Determined In Two Steps: (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 The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. 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) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4. 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. 28.5. 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. 28.6. 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. 29. Post-qualification 29.1. 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. 29.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid 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. 29.3. 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. 29.4. 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. 29.5. 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 Responsive Bid Is Determined For Contract Award. 29.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Goccs And Gfis, The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 30. Reservation Clause 30.1. 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. 30.2. 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 Gop 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. 30.3. 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 (lcrb) Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 31. Contract Award 31.1. Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2. 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 Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4. At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi. Schedule Of Requirements. 32. Signing Of The Contract 32.1. 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. 32.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3. 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. 32.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1. 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. 33.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price 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. Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.3. 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 Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Date Of The Bidder’s Receipt Of The Notice To Proceed Will Be Regarded As The Effective Date Of The Contract, Unless Otherwise Specified In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet Section Iii Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb Included In Section Ii, 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, The Applicable Rules Regarding Bid Price And Currency, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing Section Iii, The Following Aspects Should Be Checked: (a) Information That Specifies And Complements Provisions Of Section Ii Must Be Incorporated. (b) Amendments And/or Supplements, If Any, To Provisions Of Section Ii As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu-mapanas 1.2 The Lot(s) And Reference Is/are: Procurement Of Various Drugs And Medicines 2 The Funding Source Is: Select One, Delete The Other: If The Funding Source Is Gop: The Government Of The Philippines (gop) Through Annual Budget 2024 Of General Fund In The Amount Of Seven Hundred Ninety Nine Thousand Five Hundred Seven Pesos Only (php799,507.00) Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: The [state The Foreign Government/foreign Or International Financing Institution, (e.g. Asian Development Bank, Japan International Cooperative Agency, Or World Bank)] Through [indicate The Loan/credit/grant No.] In The Amount Of [insert Amount Of Funds]. The Name Of The Project Is Procurement Of Various Drugs And Medicines 5.1 Select One, Delete The Other. If The Funding Source Is Gop, State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Eligible Bidders Are As Defined In The [state The Applicable Procurement Guidelines And, If Applicable, The Web Page Where It May Be Downloaded]. 5.2 Select One, Delete The Other. None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. Or Foreign Bidders May Participate In This Project In View Of The Following Circumstance(s): [state Which Of The Circumstance(s) Mentioned In The Itb Clause Exists In The Project.] 5.4 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And Insert Any Of The Following: For The Procurement Of Non-expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(iii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. Or For The Procurement Of Expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(iii), A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. Or For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of The Provisions Of Section 23.5.1.3 Of The Irr Of Ra 9184 Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: In View Of The Determination By The Procuring Entity That Imposition Of The Provisions Of Section 23.5.1.3 Of The Irr Of Ra 9184 Will Likely Result To [state “failure Of Bidding” Or “monopoly That Will Defeat The Purpose Of Public Bidding”], The Bidder Should Comply With The Following Requirements: A) Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least [state “fifty Percent (50%)” In The Case Of Non-expendable Supplies Or “twenty-five Percent (25%)” In The Case Of Expendable Supplies] Of The Abc For This Project; And B) The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain Itb Clause And State “no Further Instructions” Or Explain The Applicable Eligibility Criterion. For This Purpose, Similar Contracts Shall Refer To Procurement Of Various Drugs And Medicines “no Further Instructions”]. 5.5 Select One, Delete The Other. If The Contract Is Funded By Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain Itb Clause Or State The Relevant Eligibility Criterion. 6.3 Select One, Delete The Rest. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is The Adb, Jica, Or Wb, State The Following: Only Those Bids That Omit The Following Documents Will Be Automatically Rejected: (a) The Bid Security In Accordance With Itb Clause 17.2; (b) Financial Proposal Submission Sheet And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4. For All Other Omissions, The Procuring Entity Reserves The Right To Seek Clarification Of Bids In Accordance With Itb Clause 26 Or At Its Sole Discretion, To Reject The Bid If The Omission Is Regarded As A Matter Of Substance. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, List Documents The Omission Of Which Shall Result To The Outright Rejection And Disqualification Of Bids. 7 Select One, Delete The Rest. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is The Adb Using Ordinary Capital Or Special Funds Resources: Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries As Described In Guidelines For Procurement Under Asian Development Bank Loans And As Described On Asian Development Bank’s Web Page Www.adb.org If The Funding Source Is The Jica: Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries. In The Event That The Goods Offered By The Bidder Do Not Have Their Origin In Eligible Source Countries The Contract Will Still Be Eligible For Financing Under Jica Oda Loans If The Combined Costs Of Such Goods Are Less Than Fifty Percent (50%) Of The Price Of The Said Contract. If The Funding Source Is A Foreign Government Or A Foreign/ International Financing Institution, Maintain Itb Clause And State “no Further Instructions”, Or Indicate The List Of Eligible Source Countries As Origin Of Goods. 8.1 Select One, Delete The Other. If The Funding Source Is The Gop, State Either “subcontracting Is Not Allowed.” Or Specify The Portions Of Goods And The Maximum Percentage Allowed To Be Subcontracted. If The Funding Source Is A Foreign Government Or Another Foreign Or International Financing Institution, State Here The Maximum Percentage Of Goods Allowed To Be Subcontracted Or “no Further Instructions.” 8.2 If Subcontracting Is Allowed, Specify The Eligibility Criteria That Subcontractors Must Comply With, Including The Corresponding Documentary Requirements Therefor; Otherwise, State “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On October 17, 2024 At 10:00a.m At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar. Note: 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. 10.1 The Procuring Entity’s Address Is: Barangay Del Norte, Mapanas, Northern Samar Hon. Ronn Michael L. Tejano 09151109452 M_tejano@hotmail.com 12.1 Select One, Delete The Rest. If The Funding Source Is The Gop: No Further Instructions. If The Funding Source Is Adb Or Wb: No Eligibility Check. During Bid Opening, Technical Proposals That Lack Any Of The Following Documents Shall Be Rejected And Returned To The Bidder Together With Its Unopened Price Proposal: (a) Technical Proposal Submission Sheet; (b) Evidence Of Financial, Technical, And Production Capability; (c) Audited Financial Statements; (d) Nfcc Or Credit Line Certificate; (e) Bid Security; And (f) Authority Of The Signatory. If The Funding Source Is Jbic, State The Following: No Eligibility Check. All Documents Described In Itb Clause 12.1 Shall Be Included In The Technical Proposal. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Other Than Those Mentioned Above, Maintain The Itb Clause And State “no Further Instructions” Or State The Corresponding Eligibility Requirements, If Any. 12.1(a)(i) List Any Additional Acceptable Proof Of Registration Mentioned In The Itb Clause Or State “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iii) The Statement Of All Ongoing And Completed Government And Private Contracts Shall Include All Such Contracts Within [state Relevant Period As Provided In The Invitation To Bid] Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 List Any Additional Requirements Or State “no Additional Requirements” 13.2 Select One, Delete The Other. If The Funding Source Is The Gop: The Abc Is [insert Amount]. Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Adopt The Provision For Gop Or State The Applicable Rule. 15.4(a)(iii) List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.4(b) Maintain The Itb Clause And State Here “not Applicable”, “the Price Of The Goods Shall Be Quoted Ddp [state Place Of Destination]”, Or The Applicable Incoterm For This Project. List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.5 Select One, Delete The Rest. If The Funding Source Is The Gop Or Wb: Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. If The Funding Source Is The Jbic Or Adb, And The Contract Is Of Over Twelve (12) Months Duration, Insert The Appropriate Special Condition Of Contract And State The Following: Adjustments Are Authorized In Accordance With The Price Adjustment Provisions Specified In The Corresponding Scc Provision Of Gcc Clause 9. If The Funding Source Is A Foreign Government Or A Foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or Insert The Relevant Provision(s) And The Condition(s) Thereto, If Any. 15.6 If The Funding Source Is The Gop: Extraordinary Circumstances Refer To Events That 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 If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions”, Otherwise, Specify The Extraordinary Circumstances Allowing Price Escalation. 16.1(b) Select One, Delete The Other: The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. Or The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted Either In Philippine Pesos Or United States Dollars At The Discretion Of The Bidder. 16.3 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Payment Shall Be Made In [insert Currency]. 17.1 Bids Will Be Valid Until 120 Calendar Days. 18.1 Select One, Delete The Rest. If The Funding Source Is The Gop Or Wb: The Bid Security Shall Be In The Following Amount: 1. 4,213.63, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. 10,534.06 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. If The Funding Source Is The Adb Or Jica: The Bid Security Shall Be In The Following Amount [insert 2.5% Of The Abc]. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions”, Or State The Acceptable Form/s Of Bid Security And The Amount Thereof. 18.2 The Bid Security Shall Be Valid Until [insert Date]. 18.5(a)(iv) If The Funding Source Is Gop Or Wb, Maintain The Itb Clause And Include The Following As 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. If The Funding Source Is Adb, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or State Additional Grounds For Forfeiture Of Bid Security. 18.5(b)(iii) Select One, Delete The Other. If The Funding Source Is Gop, Adb, Or Wb, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is Jbic, State The Following: Failure To Enter Into A Jv In The Form Submitted As Part Of The Bidders Bid If The Bid Is Made By Two Or More Potential Jv Partners. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain Itb Clause And State “no Further Instructions”, Or List The Additional Grounds For Forfeiture Of Bid Security Of A Successful Bidder. 20.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions”, Or State The Applicable Procedure For The Sealing And Marking Of Bids. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is At Bac Office, Brgy. Del Norte, Mapanas, Northern Samar. The Deadline For Submission Of Bids Is December 12, 2022 24.1 The Place Of Bid Opening Is At The Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar. The Date And Time Of Bid Opening Is 10:00 A.m 25.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions”, Or Specify The Additional Conditions And/or Exceptions To The Rule, If Any. 27.1 Select One, Delete The Other. If The Funding Source Is The Gop, State “no Further Instructions.” If The Funding Source Is The Adb, Jbic, Or Wb: No Domestic Preference Is Applicable To National/local Competitive Bidding. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or Indicate Applicability Or Inapplicability Of Domestic Preference, As The Case May Be. 28.3 Select One, Delete The Other. If The Funding Source Is Gop Or Wb, Adopt The Following Provision: Grouping And Evaluation Of Lots – Lots Should Be Formed Of Similar Items That Are Likely To Attract The Maximum Competition. A Lot Is The Quantity And Number Of Items That Will Be Included In A Single Contract. For Example: Option 1 – Each Item To Be Evaluated And Compared With Other Bids Separately And Recommended For Contract Award Separately. Option 2 - All Items To Be Grouped Together To Form One Complete Lot That Will Be Awarded To One Bidder To Form One Complete Contract. Option 3 - Similar Items, To Be Grouped Together To Form Several Lots That Shall Be Evaluated And Awarded As Separate Contracts. Select One Of The Following Paragraphs And Delete The Other: The Goods Are Grouped In A Single Lot And The Lot Shall Not Be Divided Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. Or All Goods Are Grouped In Lots Listed Below. Bidders Shall Have The Option Of Submitting A Proposal On Any Or All Lots And Evaluation And Contract Award Will Be Undertaken On A Per Lot Basis. Lots Shall Not Be Divided Further Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. [insert Grouping Of Lots] Note: If Funding Source Is Adb Or Jica, Adopt Only The Provision On Grouping And Evaluation Of Lots Mentioned Above And Delete The Rest. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions” Or, Insert Applicable Provisions. 28.3(b) State Whether Bid Modification Is Allowed Or Not. 28.5 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Jbic, Or Wb: Select One, Delete The Other. No Additional Criteria Or In Addition To The Criteria Listed In Itb Clause 28.3 And 28.5, The Following Applicable Additional Criteria And Its Corresponding Quantification Method Specified In This Clause Will Be Used To Evaluate And Compare Bids: Delivery Schedule – If The Funding Source Is Adb Or Jica, Select One Quantification Method For This Criterion And Delete The Rest. If The Funding Source Is Wb, The Clause On This Criterion May Be Deleted If Not Applicable. The Procuring Entity Requires That The Goods Under The Invitation To Bid Shall Be Delivered (shipped) At The Time Specified In Section Vi. Schedule Of Requirements. The Estimated Time Of Arrival Of The Goods At The Project Site Will Be Calculated For Each Bid After Allowing For Reasonable International And Inland Transportation Time. Treating The Bid Resulting In The Earliest Time Of Arrival As The Base, A Delivery “adjustment” Will Be Calculated For Other Bids By Applying A [insert Percentage] Of The Exw Plus Delivery To Final Destination/ddp Price For Each Week Of Delay Beyond The Base, And This Will Be Added To The Bid Price For Evaluation. No Credit Shall Be Given To Early Delivery. Or The Goods Covered Under The Invitation To Bid Are Required To Be Delivered (shipped) Within An Acceptable Range Of Weeks Specified In The Schedule Of Requirement. No Credit Will Be Given To Earlier Deliveries, And Bids Offering Delivery Beyond This Range Will Be Treated As Non-responsive. Within This Acceptable Range, An Adjustment Per Week Of [insert Percentage] Will Be Added For Evaluation To The Bid Price Of Bids Offering Deliveries Later Than The Earliest Delivery Period Specified In Section Vi. Schedule Of Requirements. Or The Goods Covered Under The Invitation To Bid Are Required To Be Delivered (shipped) In Partial Shipments, As Specified In Section Vi. Schedule Of Requirements. Bids Offering Deliveries Earlier Or Later Than The Specified Deliveries Will Be Adjusted In The Evaluation By Adding To The Bid Price A Factor Equal To [insert Percentage] Of Deliveries Price Per Week Of Variation From The Specified Delivery Schedule. Cost Of Spare Parts – If The Funding Source Is Adb Or Jica, Select One Quantification Method For This Criterion And Delete The Rest. If The Funding Source Is Wb, The Clause On This Criterion May Be Deleted If Not Applicable. The List Of Items And Quantities Of Major Assemblies, Components, And Selected Spare Parts, Likely To Be Required During The Initial Period Of Operation For [insert Period Of Operation] Is Annexed To The Technical Specifications. The Total Cost Of These Items, At The Unit Prices Quoted In Each Bid, Will Be Added To The Bid Price. Or The Procuring Entity Will Draw Up A List Of High-usage And High-value Items Of Components And Spare Parts, Along With Estimated Quantities Of Usage In The Initial Period Of Operation For [insert Period Of Operation]. The Total Cost Of These Items And Quantities Will Be Computed From Spare Parts Unit Prices Submitted By The Bidder And Added To The Bid Price. Or The Procuring Entity Will Estimate The Cost Of Spare Parts Usage In The Initial Period Of Operation For [insert Period Of Operation] Based On The Information Furnished By Each Bidder, As Well As On Past Experience Of The Procuring Entity Or Other Procuring Entities In Similar Situations. Such Costs Shall Be Added To The Bid Price For Evaluation. Volume And Period Of Manufacture – Any Of The Paragraphs Under This Criterion May Be Deleted If Not Applicable And Retained If Otherwise. The Goods Must Have Been Manufactured For A Period Of Not Less Than [insert Number Of Years] Immediately Preceding The Date Of Bid Opening. The Minimum Number Of Units Sold In The Philippines Must Be [insert Number] And The Minimum Number Of Units Sold Worldwide Must Be [insert Number]. The Procuring Entity Shall Compare Bids On The Basis Of A Lot Or A Combination Of Lots Or As A Total Of All Lots In A Manner Most Advantageous To The Procuring Entity. 29.2(b) Specify Whether 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. 29.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 32.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity. 34.2 The Effective Date Of The Contract Is [insert Date]. Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The Gcc In Section Iv, Read In Conjunction With The Scc In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. The Gcc Herein Shall Not Be Altered. Any Changes And Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Scc In Section V. Table Of Contents 1. Definitions 53 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 54 3. Inspection And Audit By The Funding Source 55 4. Governing Law And Language 55 5. Notices 55 6. Scope Of Contract 55 7. Subcontracting 55 8. Procuring Entity’s Responsibilities 56 9. Prices 56 10. Payment 56 11. Advance Payment 57 12. Taxes And Duties 57 13. Performance Security 57 14. Use Of Contract Documents And Information 58 15. Standards 58 16. Inspection And Tests 58 17. Warranty 59 18. Delays In The Supplier’s Performance 59 19. Liquidated Damages 60 20. Settlement Of Disputes 60 21. Liability Of The Supplier 61 22. Force Majeure 61 23. Termination For Default 61 24. Termination For Insolvency 62 25. Termination For Convenience 62 26. Termination For Unlawful Acts 63 27. Procedures For Termination Of Contracts 63 28. Assignment Of Rights 64 29. Contract Amendment 64 30. Application 64 1. Definitions 1.1. In This Contract, The Following Terms Shall Be Interpreted As Indicated: (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc. (j) The “funding Source” Means The Organization Named In The Scc. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc. (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1. The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For The 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 It 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 Government, 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. (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; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 2.2. Further The Funding Source, Borrower Or 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 Any Of The Practices Mentioned In Gcc Clause 2.1(a). 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2. 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 Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1. Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2. A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1. The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi. Schedule Of Requirements. 6.2. 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. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc. 7. Subcontracting 7.1. Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This 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. 7.2. 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. 8. Procuring Entity’s Responsibilities 8.1. Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2. The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc. 10. Payment 10.1. Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2. The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3. Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4. Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1. Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. 11.2. For Goods Supplied From Abroad, Ten Percent (10%) Of The Contract Price Shall Be Paid Within Sixty (60) Calendar Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee Issued By A Licensed Bank For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In Section Viii. Bidding Forms. 11.3. All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1. 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 Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4. Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 13.5. In Case Of A Reduction Of The Contract Value, 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. 14. Use Of Contract Documents And Information 14.1. The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2. Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1 Shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii. Technical Specifications; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1. The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And 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. 16.2. If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3. The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4. The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5. The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1. The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2. The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least Ten Percent (10%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least Ten Percent (10%) Of The Contract Price Or Other Such Amount If So Specified In The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4. 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, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity. 17.5. If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law. 18. Delays In The Supplier’s Performance 18.1. Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi. Schedule Of Requirements. 18.2. If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3. Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clauses 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In The Scc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2. If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3. Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4. Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5. Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21. Liability Of The Supplier 21.1. Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2. Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1. The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2. 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. 22.3. If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation: (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract. 23.2. In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3. In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier 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 Supplier, 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 Supplier. 25. Termination For Convenience 25.1. 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 A Contract For The Convenience Of The Government 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. 25.2. The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3. If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1. The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1. The Following Provisions Shall Govern The Procedures For 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 Supplier 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 Supplier To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier 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 This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’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 Supplier’s Receipt Of The Notice; (f) 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 Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) 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; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. 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. The Provisions Of This Section 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 Section Iv Must Be Incorporated. (b) Amendments And/or Supplements To Provisions Of Section Iv, 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 Section Iv Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 1.1(g) The Procuring Entity Is Lgu-mapanas 1.1(i) The Supplier Is [to Be Inserted At The Time Of Contract Award]. 1.1(j) The Funding Source Is: Annual Budget 2024 For General Fund Select One Of The Following, Delete The Other: If The Funding Source Is The Gop: The Government Of The Philippines (gop) Through [indicate Source Of Funding And Year] In The Amount Of [insert Amount Of Funds]. Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: The [indicate The Name Of The Foreign Government/foreign Or International Financing Institution] Through [indicate The Loan/credit/grant No.] In The Amount Of [insert Amount Of Funds]. 1.1(k) The Project Site Is Lgu-mapanas, Barangay Del Norte, Mapanas, Northern Samar. For Multiple Sites State “the Project Sites Are Defined In Section Vi. Schedule Of Requirements”] 5.1 The Procuring Entity’s Address For Notices Is: Barangay Del Norte, Mapanas, Northern Samar Reno C. Salazar, Head Bac Secretariat Cp # 09459852914 The Supplier’s Address For Notices Is: [insert Address Including, Name Of Contact, Fax And Telephone Number] 6.2 List Here Any Additional Requirements For The Completion Of This Contract. The Following Requirements And The Corresponding Provisions May Be Deleted, Amended, Or Retained Depending On Its Applicability To This Contract: Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: For Foreign Suppliers, State “the Delivery Terms Applicable To The Contract Are Ddp Delivered [insert Place Of Destination]. In Accordance With Incoterms.” For Domestic Suppliers, State “the Delivery Terms Applicable To This Contract Are Delivered [insert Place Of Destination]. 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. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: For Goods Supplied From Within The Philippines Or By Domestic Suppliers: Upon Delivery Of The Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt, Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Goods Supplied From Abroad (excluding Domestic Suppliers): Upon Shipment, The Supplier Shall Notify The Procuring Entity And The Insurance Company By Cable The Full Details Of The Shipment, Including Contract Number, Description Of The Goods, Quantity, Vessel, Bill Of Lading Number And Date, Port Of Loading, Date Of Shipment, Port Of Discharge Etc. Upon Delivery To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents As Applicable With The Documentary Requirements Of Any Letter Of Credit Issued Taking Precedence: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Of The Negotiable, Clean Shipped On Board Bill Of Lading Marked “freight Pre-paid” And Five Copies Of The Non-negotiable Bill Of Lading ; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Procuring Entity’s Representative At The Project Site; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is [insert Name(s)]. 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: Select Appropriate Requirements And Delete The Rest. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) 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 (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. 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: Select Appropriate Requirements And Delete The Rest. (a) 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 (b) 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 Required Are Listed In Section Vi. Schedule Of Requirements And The Cost Thereof Are Included In The Contract Price The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spares For The Goods For A Period Of [insert Here The Time Period Specified. If Not Used Insert Time Period Of Three Times The Warranty Period]. Other Spare Parts And Components Shall Be Supplied As Promptly As Possible, But In Any Case Within 30 Calendar Days 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 Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications 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. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. 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 In Accordance With Gcc Clause 22. 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. Patent 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. 9 Select One, Delete The Other. If The Funding Source Is The Gop Or Wb, State The Following: For The Given Scope Of Work In This Contract As Awarded, All Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. For Contracts Of More Than Twelve (12) Months Duration Funded By The Adb Or The Jbic, State The Following: Prices Payable To The Supplier, As Stated In The Contract, Shall Be Subject To Adjustment During Performance Of The Contract To Reflect Changes In The Cost Of Labor And Material Components In Accordance With The Following Formula, To Be Computed Starting The Thirteenth (13th) Month: In Which: Δp = Adjustment Amount Payable To The Supplier. P0 = Contract Price (base Price). A = Fixed Element Representing Profits And Overheads Included In The Contract Price And Generally In The Range Of Five (5) To Fifteen (15) Percent. B = Estimated Percentage Of Labor Component In The Contract Price. C = Estimated Percentage Of Material Component In The Contract Price. L0, L1 = Labor Indices Applicable To The Appropriate Industry In The Country Of Origin On The Base Date And Date For Adjustment, Respectively. M0, M1 = Material Indices For The Major Raw Material On The Base Date And Date For Adjustment, Respectively, In The Country Of Origin. The Coefficients A, B, And C Shall Be Specified By The Procuring Entity In The Bidding Documents. The Sum Of The Three Coefficients Should Be One (1) In Every Application Of The Formula. The Bidder Shall Indicate The Source Of The Indices And The Base Date Indices In Its Bid. Base Date = Start Of The Thirteenth Month. Date Of Adjustment = Weeks Prior To Date Of Shipment (representing The Mid-point Of The Period Of Manufacture). The Above Price Adjustment Formula Shall Be Invoked By Either Party Subject To The Following Further Conditions: (a) Price Adjustment Will Be Applied Only If The Resulting Increase Or Decrease Is More Than ____ Percent Of The Contract Price. [two Percent (2%) Would Be An Acceptable Percentage.] (b) No Price Adjustment Shall Be Allowed Beyond The Original Delivery Dates Unless Specifically Stated In The Extension Letter. As A Rule, No Price Adjustment Shall Be Allowed For Periods Of Delay For Which The Supplier Is Entirely Responsible. The Procuring Entity Will However Be Entitled To Any Decrease In The Prices Of The Goods And Services Subject To Adjustment. (c) The Total Adjustment Under This Clause Shall Be Subject To A Ceiling Of Plus Or Minus Percent Of The Contract Price. [ten Percent (10%) Would Be An Acceptable Percentage.] (d) If The Currency In Which The Contract Price (p0) Is Expressed Is Different From The Currency Of Origin Of The Labor And Material Indices, A Correction Factor Will Be Applied To Avoid Incorrect Adjustments Of The Contract Price. The Correction Factor Shall Correspond To The Ratio Of Exchange Rates Between The Two Currencies On The Base Date And The Date For Adjustment As Defined Above. (e) No Price Adjustment Shall Be Payable On The Portion Of The Contract Price Paid To The Supplier As Advance Payment. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Gcc Clause And State “no Further Instructions,” Or Specify The Conditions For Price Adjustment And The Corresponding Provisions Therefor, If Any. 10.1 Select One And Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Jbic, Or Wb, Use The Following Clause: For Goods Supplied From Abroad: I. On Contract Signature: Ten Percent (10%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In The Bidding Documents. Ii. On Delivery: Seventy Percent (70%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. Iii. On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Gcc Clause And State “no Further Instructions”, Or Specify The Requirements Or Conditions Necessary Prior To Payment Of Contract. 10.4 Select One And Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, State The Following: The Currency(ies) Of Payment Shall Be [insert Currencies Of Payment]. 13.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Gcc Clause And State “no Further Instructions,” Otherwise, Specify The Acceptable Form(s) With The Corresponding Amount(s) Of The Performance Security. 13.4 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Use The Following Clause: After Delivery And Acceptance Of The Goods, The Performance Security Shall Be Reduced To Two Percent (2%) Of The Contract Price To Cover The Supplier’s Warranty Obligations In Accordance With Gcc Clause 1. 13.4(c) Specify Additional Conditions, If Any, That Must Be Met Prior To The Release Of The Performance Security, Otherwise, State “no Further Instructions”. 16.1 The Inspections And Tests That Will Be Conducted Are: [insert The Applicable Inspections And Tests, If None, State “none”]. 17.3 Select One, Delete The Other. If The Funding Source Is Gop And The Goods Pertain To Expendable Supplies: Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed, Whichever Is Earlier. If The Funding Source Is Gop And The Goods Pertain To Non-expendable Supplies: One (1) Year After Acceptance By The Procuring Entity Of The Delivered Goods. If A Warranty Period Of Longer Than One Year Is Required And The Funding Source Is The Adb, Jbic, Or Wb, Insert The Following: In Partial Modification Of The Provisions, The Warranty Period Shall _____ Months From Date Of Acceptance Of The Goods Or (_____) Months From The Date Of Shipment, Whichever Occurs Earlier. 17.4 And 17.5 The Period For Correction Of Defects In The Warranty Period Is [insert Number Of Days]. 0 The Applicable Rate Is One Tenth (1/10) Of One (1) 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 Contract. Once The Cumulative Amount Of Liquidated Damages Reaches 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. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” If The Funding Is Adb Delete The Above Paragraph And Insert The Following: All Disputes Arising In Connection With The Present Contract Shall Be Finally Settled Under The Rules Of Conciliation And Arbitration Of The International Chamber Of Commerce By One Or More Arbitrators Appointed In Accordance With Said Rules. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution State The Applicable Rule On Dispute Settlement. 21.1 State Here “no Additional Provision.” Or, If The Consultant Is A Joint Venture, “all Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity.” 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. The Delivery Of Various Drugs And Medicines Is 20 Calendar Days From The Receipt Of The Ntp. Item No. Qty. Unit Description 1 50 Bot Aluminum Magnesium Hydroxide Syrup 2 75 Bot Amoxicillin 100mg/ml 3 70 Bot Amoxicillin 250mg/ml 4 8,000 Cap Amoxicillin 500mg/cap 5 80 Bot Ascorbic Acid 100mg/5ml 6 2000 Tab Ascorbic Acid 500mg/tab 7 1000 Tab Aspirin 80mg 8 400 Tab Butamurate 50mg 9 100 Sachet Calamine + Zinc Oxide Ointment 10 3000 Tab Celecoxib 400mg/caps 11 1500 Tab Cetirizine 10mg/tab 12 30 Bot Cefuroxime 250mg/5ml 13 2000 Tab Cefuroxime 500mg/tab 14 80 Bot Cetirizine 2.5mg/ml Drops 15 100 Bot Cetirizine 5mg/5ml Syrup 16 1000 Tab Ciprofloxacin 500mg 17 300 Tab Clindamycin 300mg 18 500 Tab Clopidogrel 75mcg 19 50 Bot Chlorphenamine 2mg/5ml 20 40 Bot Co-amoxiclav 457mg/5ml 21 3000 Cap Co-amoxiclav 625mg/tab 22 200 Tab Dexamethasone 4mg/tab 23 50 Bot Diphenhydramine 12.5mg/5ml 24 200 Cap Diphenhydramine 25mg/cap 25 500 Tab Domperidone 10mg 26 400 Tab Eperisone 50mg 27 80 Bot Guaifenesin 100mg/5ml 28 200 Tab Hyoscine 10mg 29 200 Tab Isosorbide Dinitrate 10mg 30 20 Tube Ketoconazole 2% Cream (15mg) 31 100 Bot Lagundi 300mg/5ml 32 8000 Cap Mefenamic Acid 500mg 33 82 Bot Multivitamins Syrup 34 40 Bot Mefenamic Acid 50mg/5ml 35 50 Bot Metronidazole 125mg/5ml 36 40 Tube Mupirocin Cream 5g 37 1000 Cap Omeprazole 40mg 38 500 Sachet Oral Rehydrating Solution 39 80 Bot Paracetamol 250mg/5ml 40 90 Bot Paracetamol 100mg/ml 41 30 Amp Paracetamol 100ml Solution For Injection 42 300 Tab Phenylpropanolamine Chlorphenamine Paracetamol 43 500 Tab Prednisone 10mg 44 40 Bot Simethicone 40mg/ml 45 100 Bot Salbutamol 2mg/5ml 46 1000 Tab Salbutamol 4mg/tab 47 3000 Cap Vitamin B Complex 48 80 Bot Zinc 10mg/ml Drops 49 70 Bot Zinc 20mg/5ml 50 70 Bot Vitamin C Plus Zinc 100mg/10mg/5ml 51 50 Pc Macroset 52 1 Box Iv Cannula (pink) 53 80 Bot Plain Nss 1l 54 20 Bot Dextrose 5% In Water 500ml 55 20 Pc Soluset 56 20 Amp Nicardipine 10ml Ampule 57 40 Bot Dicycloverine 10mg/5ml 58 50 Amp Tramadol 50mg/ml 59 500 Cap Tramadol 50mg/cap 60 24 Bot D5 Nss 1l 61 50 Pc Oxygen Mask For Adult 62 20 Pc Oxygen Mask Pedia 63 80 Pc Oxygen Cannula Adult 64 20 Pc Oxygen Cannula Pedia 65 80 Bot Plain Lrs 1l 66 3000 Tab Lagundi 300mg/tab 67 20 Amp Metoclopramide 2ml Solution 68 20 Amp Hyoscine 20mg/ml 69 100 Vial Budesonide 2ml Respiratory Solution 70 500 Vial Salbutamol 2.5ml Respiratory Solution 71 30 Amp Vitamin V Complex 3ml Solution 72 50 Amp Epinephrine 1ml Solution 73 10 Bot Nystatin 10,000 Units/ml 74 20 Vial Omeprazole 40mg Powder For Injection 75 50 Amp Anti-tetanus 5000 Units 76 500 Tab Beta Histine 16mg/tab 77 500 Tab Cinnarizine 25mg 78 100 Tab Acetylcysteine 600mg/tab 79 6000 Tab Amlodipine 5mg 80 5000 Tab Losartan 50mg 81 100 Carpule Lidocaine For Dental Use 82 500 Tab Captopril 25mg 83 50 Bot Sodium Chloride Nasal Spray 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) 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. 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 Bidders 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 Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Section Viii. Bidding Forms Notes On The Bidding Forms The Bidder Shall Complete And Submit With Its Bid The Bid Form And Price Schedules In Accordance With Itb Clause 15 With The Requirements Of The Bidding Documents And The Format Set Out In This Section. When Requested In The Bds, The Bidder Should Provide The Bid Security, Either In The Form Included Hereafter Or In Another Form Acceptable To The Entity, Pursuant To Itb Clause 18.1. The Contract Agreement Form, When It Is Finalized At The Time Of Contract Award, Should Incorporate Any Corrections Or Modifications To The Accepted Bid Resulting From Price Corrections. The Price Schedule And Schedule Of Requirements Deemed To Form Part Of The Contract Should Be Modified Accordingly. The Performance Security Form And Bank Guarantee Form For Advance Payment Should Not Be Completed By The Bidders At The Time Of Their Bid Preparation. Only The Successful Bidder Will Be Required To Provide Performance Security And Bank Guarantee For Advance Payment In Accordance With One Of The Forms Indicated Herein Or In Another Form Acceptable To The Procuring Entity And Pursuant To Gcc Clause 13 And Its Corresponding Scc Provision. The Sworn Affidavit Must Be Completed By All Bidders In Accordance With Itb Clause 4.2 Failure To Do So And Submit It With The Bid Shall Result In The Rejection Of The Bid And The Bidder’s Disqualification. Table Of Contents Bid Form 87 Contract Agreement Form 91 Omnibus Sworn Statement 92 Bank Guarantee Form For Advance Payment 94 Bid Form Date: Invitation To Bid No: To: Lgu-mapanas, Northern Samar Barangay Del Norte, Mapanas, Northern Samar Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Bidding Documents For The Sum Of [total Bid Amount In Words And Figures] Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. Dated This ________________ Day Of ________________ 20______. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ For Goods Offered From Abroad Name Of Bidder . Invitation To Bid Number __. Page Of . 1 2 3 4 5 6 7 8 9 Item Description Country Of Origin Quantity Unit Price Cif Port Of Entry (specify Port) Or Cip Named Place (specify Border Point Or Place Of Destination) Total Cif Or Cip Price Per Item (col. 4 X 5) Unit Price Delivered Duty Unpaid (ddu) Unit Price Delivered Duty Paid (ddp) Total Price Delivered Ddp (col 4 X 8) For Goods Offered From Within The Philippines Name Of Bidder . Invitation To Bid Number . Page Of . 1 2 3 4 5 6 7 8 9 10 Item Description Country Of Origin Quantity Unit Price Exw Per Item Cost Of Local Labor, Raw Material, And Component2 Total Price Exw Per Item (cols. 4 X 5) Unit Prices Per Item Final Destination And Unit Price Of Other Incidental Services Sales And Other Taxes Payable Per Item If Contract Is Awarded Total Price Delivered Final Destination (col 8 + 9) X 4 Contract Agreement Form This Agreement Made The _____ Day Of __________ 20_____ Between [name Of Procuring Entity] Of The Philippines (hereinafter Called “the Entity”) Of The One Part And [name Of Supplier] Of [city And Country Of Supplier] (hereinafter Called “the Supplier”) Of The Other Part: Whereas The Entity Invited Bids For Certain Goods And Ancillary Services, Viz., [brief Description Of Goods And Services] And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of [contract Price In Words And Figures] (hereinafter Called “the Contract Price”). 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 Referred To. 2. The Following Documents Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: (a) The Bid Form And The Price Schedule Submitted By The Bidder; (b) The Schedule Of Requirements; (c) The Technical Specifications; (d) The General Conditions Of Contract; (e) The Special Conditions Of Contract; And (f) The Entity’s Notification Of Award. 3. In Consideration Of The Payments To Be Made By The Entity To The Supplier As Hereinafter Mentioned, The Supplier Hereby Covenants With The Entity To Provide The Goods And Services And To Remedy Defects Therein In Conformity In All Respects With The Provisions Of The Contract 4. The Entity Hereby Covenants To Pay The Supplier In Consideration Of The Provision Of The Goods And Services And The Remedying Of Defects Therein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of The Contract At The Time And In The Manner Prescribed By The Contract. In Witness Whereof The Parties Hereto Have Caused This Agreement To Be Executed In Accordance With The Laws Of The Republic Of The Philippines On The Day And Year First Above Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Supplier). 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] Bank Guarantee Form For Advance Payment To: [name And Address Of Procuring Entity] [name Of Contract] Gentlemen And/or Ladies: In Accordance With The Payment Provision Included In The Special Conditions Of Contract, Which Amends Clause 10 Of The General Conditions Of Contract To Provide For Advance Payment, [name And Address Of Supplier] (hereinafter Called The “supplier”) Shall Deposit With The Procuring Entity A Bank Guarantee To Guarantee Its Proper And Faithful Performance Under The Said Clause Of The Contract In An Amount Of [amount Of Guarantee In Figures And Words]. We, The [bank Or Financial Institution], As Instructed By The Supplier, Agree Unconditionally And Irrevocably To Guarantee As Primary Obligator And Not As Surety Merely, The Payment To The Procuring Entity On Its First Demand Without Whatsoever Right Of Objection On Our Part And Without Its First Claim To The Supplier, In The Amount Not Exceeding [amount Of Guarantee In Figures And Words]. We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract To Be Performed Thereunder Or Of Any Of The Contract Documents Which May Be Made Between The Procuring Entity And The Supplier, Shall In Any Way Release Us From Any Liability Under This Guarantee, And We Hereby Waive Notice Of Any Such Change, Addition, Or Modification. This Guarantee Shall Remain Valid And In Full Effect From The Date Of The Advance Payment Received By The Supplier Under The Contract Until [date]. Yours Truly, Signature And Seal Of The Guarantors [name Of Bank Or Financial Institution] [address] [date]