Municipality Of Carmen , Surigao Del Sur Tender

Description Philippine Bidding Documents Construction Of Sitio Tabinas Bhs Sitio Tabinas Barangay Hinapoyan Municipality Of Carmen Province Of Surigao Del Sur Table Of Contents Part I Section I. Invitation To Bid 3 Section Ii. Eligibility Documents 5 Section Iii. Eligibility Data Sheet 15 Part Ii Section I. Instructions To Bidders 17 Section Ii. Bid Data Sheet 37 Section Iii. General Conditions Of Contract 40 Section Iv. Special Conditions Of Contract 72 Section V. Specifications 75 Section Vi. Drawings 76 Section Vii. Bill Of Quantities 77 Section Viii. Forms And Qualification Information 79 Part I. Section I. Invitation To Apply For Eligibility And To Bid Republic Of The Philippines Province Of Surigao Del Sur Municipality Of Carmen Invitation For Bids Construction Of Sitio Tabinas Bhs Sitio Tabinas, Hinapoyan, Carmen, Surigao Del Sur 1. The Municipal Government Of Carmen, Surigao Del Sur Allocated Funds Under 2023 Hfep Intends To Apply The Sum Of P 1,700,000.00 Being The Approved Budget For Contract (abc) To Payment Under The Contract For The Construction Of Sitio Tabinas Bhs At Sitio Tabinas, Brgy. Hinapoyan, Carmen, Surigao Del Sur. Bids Received In Excess Of The Abc Shall Be Automatically Rejected During The Bid Opening. 2. The Municipal Government Of Carmen, Surigao Del Sur Now Invites Sealed Bids From Eligible Bidders For The Construction Of Sitio Tabinas Bhs. Completion Of The Works Required By 105 Calendar Days. 3. Eligibility Screening And Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Revised Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “ Government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Of Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information And Inspect The Bidding Documents At The Address Given Below From 8:00 A.m. To 5:00 P.m., Mondays Thru Fridays, Except Holidays. 5. A Complete Set Of Bidding Documents In English May Be Purchased By Eligible Bidders On February 21, 2024 To March 13, 2024 From The Address Below And Upon Payment Of A Non-refundable Fee Of Five Thousand Pesos (p 5,000.00). The Bidding Documents Shall Be Received Personally By The Eligible Bidder Or His Authorized Representative During Office Hours. 6. The Municipal Government Of Carmen, Surigao Del Sur Will Hold A Pre-bid Conference Open To All Eligible Bidders On February 28, 2024 At 10:00 A.m. At The Bac Office, Municipal Building, Carmen, Surigao Del Sur. 7. Bids Together With The Eligibility Documents Must Be Delivered To The Address Below On Or Before March 13, 2024 At 10:00 A.m. And In 3 Copies Each And In Two Separate Envelopes. And Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Prescribed Amount. Late Bids Shall Not Be Accepted. 8. Bid Opening Shall Be On March 13, 2024 At 10:00 A.m. At The Bac Office, Municipal Building, Carmen, Surigao Del Sur. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 9. To Be Considered Eligible And Qualified, A Bidder Must Have Successful Experience As Prime Contractor In The Construction Of At Least One (1) Work Of A Nature And Complexity Equivalent To The Works In The Last Five (5) Years ( To Comply With This Requirement, Single Works Cited Should Be At Least Eighty Percent (80%) Of Value Of Estimated Contract Cost Of Works Under Bid), Such Being Verifiable From Completion Certificates; Have An Annual Turnover From All Works Average Over The Last Three (3) Years Equal To One Hundred Percent (100%) Of The Estimated Value Of The Contract To Be Bid. 10. The Municipal Government Of Carmen, Surigao Del Sur 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. Office Of The Bids & Awards Committee For. Alain P. Cabanilla Carmen Municipal Hall Poblacion, Carmen, Surigao Del Sur Cellphone Number: 09304926186 Bac Chairperson (sgd) For. Alain P. Cabanilla Chairman, Bids And Awards Committee Carmen, Surigao Del Sur Part I. Section Ii. Eligibility Documents 1. Eligibility Criteria 1.1 A Bidder, And All Parties Constituting The Bidder, Shall Be Considered Eligible If It Has Satisfied The Requirement Provided In The Eligibility Data Sheet (eds) As Defined By The Funding Source Indicated In The Invitation To Apply For Eligibility And To Bid (iaeb). 1.2 A Bidder Shall Be Deemed To Have The Nationality Of A Country If The Bidder Is A Citizen Or Is Constituted, Or Incorporated, And Operates In Conformity With The Provisions Of The Laws Of That Country. This Criterion Shall Also Apply To The Determination Of The Nationality Of Proposed Subcontractors Or Suppliers For Any Part Of The Contract, Including All Related Services. 1.3 Bids Submitted By A Joint Venture (jv) Of Two Or More Entities As Partners, Shall Comply With The Following Requirements: (a) The Bid, And In Case Of A Successful Bid, The Contract Agreement, Shall Be Signed So As To Be Legally Binding On All Partners; (b) One Of The Parties To The Jv Shall Be Authorized To Be The Lead Partner; And This Authorization Shall Be Evidenced By Submitting A Special Power Of Attorney Signed By Legally Authorized Signatories Of All The Partners; (c) The Lead Partner Shall Be Authorized To Incur Liabilities, Receive Payments And Receive Instructions For And On Behalf Of All Partners To The Jv; (d) All Partners Of The Jv Shall Be Jointly And Severally Liable For The Execution Of The Contract In Accordance With The Contract Terms, And A Relevant Statement To This Effect Shall Be Included In The Authorization Mentioned In Item (b) Above As Well As In The Bid Form And The Contract Agreement (in Case Of A Successful Bid); And (e) A Copy Of The Notarized Joint Venture Agreement (jva) To Be Entered Into By The Jv Partners Shall Be Submitted With The Bid. 1.4 Subject To The Provisions In The Eds, A Bidder (including All Members Of A Jv And Subcontractors) Shall Not Be Presently Associated, Or Shall Not Have Been Associated In The Past, Directly Or Indirectly, With The Consultant Or Any Other Entity That Has Prepared The Design, Specifications, And Other Documents For The Project; Neither To Those Being Proposed As The Representative Of The Procuring Entity For The Contract. 1.5 A Bidder Shall Not Have A Conflict Of Interest. All Bidders Found To Have A Conflict Of Interest Shall Be Disqualified. 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 (g) Below: (a) Have Common Controlling Shareholders; (b) Receive Or Have Received Any Direct Or Indirect Subsidy From Any Of The Bidders; (c) Have The Same Legal Representative For Purposes Of This Bid; (d) Have A Relationship With Each Other, Directly Or Through Common 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; (e) Submit More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors (if Indicated In The Eds) In More Than One Bid, Or As Bidders And Subcontractors Simultaneously; (f) 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 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. 1.6 Bidders Shall Not Be Under A Declaration Of Ineligibility For Corrupt, Fraudulent, Or Coercive Practices. For Purposes Of This Clause, Corrupt, Fraudulent, And Coercive Practices Are Defined As Follows: (a) "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; (b) "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; (c) “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 (d) “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. 1.7 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 By Consanguinity Or Affinity Up To The Third Civil Degree Or Any Of The Procuring Entity’s Officers Or Employees Having Direct Access To Information That May Substantially Affect The Result Of The Bidding, Such As, But Not Limited To, The Members Of The Bids And Awards Committee (bac), The Members Of The Technical Working Group (twg), The Bac Secretariat, The Members Of The Project Management Office (pmo), And The Designers Of The Project. 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 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 The Provisions Of This Clause Will Result In The Rejection Of A Bidder’s Bid. 1.8 Unless Otherwise Indicated In The Eds, Government-owned And/or –controlled Corporations Shall Be Eligible Only If, In Addition To Conformance With All Of The Above Requirements, They Are Also: (a) Commercially-oriented Legal Entities Distinct From The Procuring Entity, And Not A National Government Department; (b) Financially Autonomous, As Demonstrated By Requirements In Their Statutes Or By-laws To Provide Separate Audited Accounts And Return On Capital, Powers To Raise Loans And Obtain Revenues Through The Sale Of Goods Or Services; (c) Managerially Autonomous; And (d) Possess Additional Eligibility Requirements Indicated In The Eds. 2. Eligibility Requirements 2.1 Unless Otherwise Indicated In The Eds, The Eligibility Requirements Listed In The Following Clause Shall Be Submitted To The Bac In Advance Of The Pre-bid Conference In A Sealed Eligibility Envelope Duly Marked As Such. These Eligibility Envelopes Of Prospective Bidders Shall Be Submitted On Or Before The Date Of The Eligibility Check Specified In The Invitation To Apply For Eligibility And To Bid For Purposes Of Determining Eligibility Of Prospective Bidders. 2.2 Prospective Bidders Shall Submit The Following Eligibility Requirements, Unless Otherwise Stated In The Eds: (a) Class "a" Documents – Legal Documents (a.1) Department Of Trade And Industry (dti) Business Name Registration Or Securities And Exchange Commission (sec) Registration Certificate, Whichever May Be Appropriate Under Existing Laws Of The Philippines; (a.2) Valid And Current Mayor’s Permit/municipal License; (a.3) Taxpayer’s Identification Number; (a.4) Statement Of The Prospective Bidder That It Is Not “blacklisted” Or Barred From Bidding By The Government Or Any Of Its Agencies, Offices, Corporations Or Lgus, Including Non-inclusion In The Consolidated Blacklisting Report Issued By The Gop; Technical Documents (a.5) Statement Of The Prospective Bidder Of All Its Ongoing And Completed Government And Private Contracts Within The Relevant Period Pursuant To Clause 2.6, Where Applicable, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall State For Each Contract Whether It Is Ongoing, Completed Or Awarded But Not Yet Started; And Identify Whether Such Contracts Are Similar Or Not Similar In Nature And Complexity To The Project. The Statement Shall Include, For Each Contract, The Following: (i) The Name Of The Contract; (ii) Date Of Award Of The Contract; (iii) Contract Duration; (iv) Owner’s Name And Address; (v) Nature Of Work; (vi) Contractor’s Role (whether Sole Contractor, Sub-contractor, Or Partner In A Jv); (vii) Total Contract Value At Award; (viii) Date Of Completion Or Estimated Completion Time; (ix) Total Contract Value At Completion, If Applicable; (x) Percentages Of Planned And Actual Accomplishments, If Applicable; (xi) Value Of Outstanding Works, If Applicable; (xii) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (xiii) 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. (a.6) A Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract To Be Bid; (a.7) Other Appropriate Licenses Stated In The Eds; (a.8) The Bidder’s Statement Of: Availability Of The Prospective Bidder’s Key Personnel, Such As Project Engineers, Materials Engineers And Foremen, That May Be Used For Construction Contracts; (a.9) The Bidder’s Statement Of: Availability Of Equipment That He Owns, Has Under Lease, And/or Has Under Purchase Agreements, That May Be Used For Construction Contracts, Provided That Ownership Of Equipment Is Not A Requisite For Eligibility; Financial Documents (a.10) The Prospective Bidder’s Audited Financial Statements, Stamped “received” By The Bureau Of Internal Revenue (bir) Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing, Among Others, The Prospective Bidder’s Total And Current Assets And Liabilities; (a.11) Prospective Bidder’s Computation Of Its Net Financial Contracting Capacity (nfcc) As Described In The Eds, Or At The Bidder’s Option A Commitment From A Licensed Bank To Extend A Credit Line, In The Event Of An Award In The Bidder’s Favor, Or At The Bidder’s Option A Cash Deposit Certificate, Of Not Less Than The Amount Shown In The Eds; (b) Class "b" Documents – (b.1) A Valid Jva; (b.2) A Letter Authorizing The Bac Or Its Duly Authorized Representative/s To Verify All Of The Documents Submitted; And (b.3) Any Other Document Described In The Eds. 2.3 A Bidder Portions Of The Works, Subject To The Maximum Allowable Limit For Subcontracting Of Works As Specified In Eds Clause 1.5(e). Subcontracting Of Any Portion Of The Works Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From Its Performance. The Bidder Shall Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Bidder’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 2.4 Subcontractors Must Comply With The Provisions Of Clause 1 Herein. For This Purpose, The Bidder Shall Include In Technical Proposal Of Its Bid All The Documents Required Under Clause 2.2 Herein. If The Procuring Entity Determines During Post-qualification That A Subcontractor Is Ineligible, The Subcontracting Of Such Portion Of The Works Assigned To The Ineligible Subcontractor Shall Be Disallowed. 2.5 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 Clauses 2.2(a.1) To 2.2(a.11). 2.6 In Case Of A Prospective Foreign Bidder, If Allowed, The Eligibility Requirements Described In Clause 2.1 Herein May Be Substituted With The Appropriate Equivalent Documents Issued By The Prospective Bidder’s Home Country; Such Documents Must Be Duly Acknowledged Or Authenticated By The Appropriate Philippine Consulate Therein. 2.7 To Be Considered Eligible And Qualified For Contract Award, A Bidder Must Meet The Minimum Qualifying Criteria Stated In The Eds. The Use Of Specialist Subcontractors Shall Also Be Stated In The Eds. 2.8 The Bidder’s Authorized Signatory Must Certify All Copy Documents As True And Correct Copies Of The Original Document(s). Bidders Must Follow The Format And Sequence Set Out Above. Should A Bidder Fail To Do So The Procuring Entity Will Accept No Liability For The Rejection Of A Bidder’s Bid In Accordance With The Corresponding Clause In The Instructions To Bidders. 2.9 Eligible Bidders Shall Be Notified Of Such Eligibility Through A Notice Of Eligibility Issued By The Bac Of The Procuring Entity Immediately After The Opening Of Eligibility Documents Pursuant To Section 23.3 Of The Irr-a Of R.a. 9184. Only Bids From Eligible Bidders Shall Be Opened And Considered For Award Of Contract. These Eligible Bidders, Whether Single Entities Or Jvs, Should Confirm In Their Bids That The Originally-submitted Information Remains Correct As Of The Date Of Bid Submission. 3. Format And Signing Of Eligibility Documents 3.1 Prospective Bidders Shall Prepare An Original Of The Eligibility Documents As Described In Clause 2, And Clearly Mark Each “original – Eligibility Documents”. In Addition, Each Prospective Bidder Shall Submit Copies Of The Eligibility Documents, And Clearly Mark Them “copy No. ___ - Eligibility Documents”. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 3.2 The Original And The Number Of Copies Of The Bid As Indicated In The Eds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Prospective Bidder Or A Person Or Persons Duly Authorized To Bind The Prospective Bidder To The Contract. All Pages Of The Eligibility Documents Shall Be Initialed By The Person Or Persons Signing The Eligibility Documents. 3.3 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Person Signing The Eligibility Documents. 4. Sealing And Marking Of Eligibility Documents 4.1 Prospective Bidders Shall Enclose The Original Documents Described In Clause 2 Sealed In An Envelope Marked “original - Eligibility Documents”. Each Copy Of The Eligibility Documents Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Eligibility Documents”. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 4.2 All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Prospective Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac; (d) Bear The Specific Identification Of This Project Indicated In The Iaeb; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Eligibility Documents Indicated In The Iaeb, In Accordance With Clause 5. 4.3 The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Eligibility Documents Not Sealed And Marked As Required. 5. Deadline For Submission Of Eligibility Documents 5.1 Eligibility Documents Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Iaeb And The Eds. 6. Late Submission Of Eligibility Documents 6.1 Any Eligibility Documents Submitted After The Deadline For Submission And Receipt Of Eligibility Documents Prescribed By The Procuring Entity, Pursuant To Clause 5, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 7. Modification And Withdrawal Of Eligibility Documents 7.1 The Prospective Bidder May Modify Its Eligibility Documents 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 Eligibility Documents. The Prospective Bidder Shall Not Be Allowed To Retrieve Its Original Eligibility Documents, But Shall Be Allowed To Submit Another Set Equally Sealed, Properly Identified, Linked To Its Original Eligibility Documents Marked As “modification” And Stamped “received” By The Bac. Eligibility Documents Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Prospective Bidder Unopened. 7.2 A Prospective Bidder May, Through A Letter Of Withdrawal, Withdraw Its Eligibility Documents 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 Eligibility Documents. Eligibility Documents Requested To Be Withdrawn Shall Be Returned Unopened To The Prospective Bidders. A Prospective Bidder That Withdraws Its Eligibility Documents Shall Not Be Permitted To Submit Another Set Of Eligibility Documents, Directly Or Indirectly, For The Same Contract. 8. Opening And Preliminary Examination Of Eligibility Documents 8.1 The Procuring Entity’s Bac Will Open The Envelopes Containing The Eligibility Documents In The Presence Of The Prospective Bidders’ Representatives Who Choose To Attend, At The Time, On The Date, And At The Place Specified In The Iaeb. The Prospective Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. 8.2 Letters Of Withdrawal Shall Be Read Out And Recorded During The Opening Of Eligibility Documents And The Envelope Containing The Corresponding Withdrawn Eligibility Documents Shall Be Returned To The Withdrawing Prospective Bidder Unopened. If The Withdrawing Prospective Bidder’s Representative Is Present During The Opening, The Original Eligibility Documents And All Copies Thereof Shall Be Returned To The Representative During The Opening Of Eligibility Documents. If No Representative Is Present, The Eligibility Documents Shall Be Returned Unopened By Registered Mail. 8.3 A Prospective Bidder Determined As “ineligible” Has Seven (7) Calendar Days Upon Written Notice Or, If Present At The Time Of The Opening Of Eligibility Documents, 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 Prospective 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 Prospective Bidder Signifies His Intent To File A Motion For Reconsideration, In The Case Of A Prospective Bidder Who Is Declared Ineligible, The Bac Shall Hold The Eligibility Documents Until Such Time That The Motion For Reconsideration Or Protest Has Been Resolved. 8.4 The Eligibility Documents Envelopes And Modifications, If Any, Shall Be Opened One At A Time, And The Following Read Out And Recorded: (a) The Name Of The Prospective Bidder; (b) Whether There Is A Modification Or Substitution; And (c) The Presence Or Absence Of Each Document Comprising The Eligibility Documents Vis-à-vis A Checklist Of The Required Documents. 8.5 The Eligibility Of Each Prospective Bidder Shall Be Determined By Examining Each Bidder’s Eligibility Requirements Or Statements Against A Checklist Of Requirements, Using Non-discretionary “pass/fail” Criteria, As Stated In The Iaeb, And Shall Be Determined As Either “eligible” Or “ineligible.” If A Prospective Bidder Submits The Specific Eligibility Document Required, He Shall Be Rated “passed” For That Particular Requirement. In This Regard, Failure To Submit A Requirement, Or An Incomplete Or Patently Insufficient Submission, Shall Be Considered “failed” For The Particular Eligibility Requirement Concerned. If A Prospective Bidder Is Rated “passed” For All The Eligibility Requirements, He Shall Be Considered Eligible To Participate In The Bidding, And The Bac Shall Mark The Set Of Eligibility Documents Of The Prospective Bidder Concerned As “eligible.” If A Prospective Bidder Is Rated “failed” In Any Of The Eligibility Requirements, He Shall Be Considered Ineligible To Participate In The Bidding, And The Bac Shall Mark The Set Of Eligibility Documents Of The Prospective Bidder Concerned As “ineligible.” In Either Case, The Bac Chairperson Or His Duly Designated Authority Shall Countersign The Markings. 8.6 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Opening Of Eligibility Documents That Shall Include, As A Minimum: (a) Names Of Prospective Bidders And Findings Of Eligibility; And (b) Attendance Sheet. The Minutes Of The Proceedings Of The Opening Of Eligibility Documents Shall Be Available To The Public Upon Written Request And Payment Of A Specified Fee To Recover Cost Of Materials And Production. Part I. Section Iii. Eligibility Data Sheet 1.1 Eligible Bidders Are As Defined In Guide¬lines: 1.4 All Bidders Shall Submit A Written Statement Of Compliance With This Provision. 1.5(e) There Is No Restriction On The Involvement Of General Sub-contractors In The Areas Of Manual And Semi-skilled Labor Or Construction Materials Provided That The Contractor Undertakes Not Less Than Fifty Percent (50%) Of The Contracted Works With Its Own Resources. 1.8 There Are No Additional Eligibility Requirements 1.8(d) There Are No Additional Eligibility Requirements. 2.1 All Documents Described In Clause 2.2 Shall Be Included In The Technical Proposal. Documents Do Not Need To Be Acknowledged Or Authenticated By The Appropriate Philippine Consulate. 2.2 In Lieu Of The Following Documents Required In Clause 2.2(a), The Equivalent Document In The Prospective Bidder’s Country/place Of Origin Shall Be Submitted: (a) Dti/sec/cda Registration; (b) Valid And Current Mayor’s Permit Issued By The City Or Municipality Where The Place Of Business Of The Prospective Bidder Is Located; (c) Tax Clearance, As Finally Reviewed And Approved By The Bir (d) Philippines Contractors Accreditation Board (pcab) License And Registration; And (e) Audited Financial Statements. 2.2(a.7) There Are No Other Additional License Required 2.2(a.11) In The Event That A Bidder, At Its Own Option, Does Not Provide Either A Credit Line Or Cash Deposit Certificate In The Amount At Least Equal To Ten Percent (10%) Of The Bid, The Bidder Must Provide A Statement Of Its Nfcc. The Nfcc Is As Follows: [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Contracts Including Those Awarded But Not Yet Started.” Where: K = 15 (regardless Of Contract Duration) 2.2(b.3) None. 2.7 To Be Considered Eligible And Qualified A Bidder Must Have Successful Experience As Prime Contractor In The Construction Of At Least One (1) Work Of A Nature And Complexity Equivalent To The Works In The Last Five (5) Years (to Comply With This Requirement, Single Works Cited Should Be At Least Eighty Percent (80%) Of The Value Of Bid Under Consideration For Award), Such Being Verifiable From Completion Certificates, And Have An Annual Turnover From All Works Averaged Over The Last Three (3) Years Equal To One Hundred Percent (100%) Of The Value Of Bid Under Consideration For Award. 2.7 Not Applicable. 3.2 Each Prospective Bidder Shall Submit One (1) Original And Two (2) Copies Of Its Eligibility Documents. 5.1 The Address For Submission Of Eligibility Documents Is The Chairman, Bids And Awards Committee, Municipal Hall, Carmen, Surigao Del Sur The Deadline For Submission Of Eligibility Documents Is 10:00 A.m., March 13, 2024 (same As Submission Of Technical And Financial Envelope). Part Ii. Section I. Instructions To Bidders Table Of Contents 1. Scope Of Bid 19 2. Corrupt, Fraudulent, And Coercive Practices 19 3. Conflict Of Interest 20 4. One Bid Per Bidder 22 5. Pre-bid Conference 22 6. Content Of The Bidding Documents 22 7. Clarification And Amendment Of Bidding Documents 23 8. Cost Of Bidding 23 9. Language Of Bid 23 10. Documents Comprising The Bid 23 11. Bid Prices 25 12. Currencies Of Bid And Payment 25 13. Bid Validity 26 14. Bid Security 26 15. Alternative Proposals By Bidders 27 16. Format And Signing Of Bid 27 17. Sealing And Marking Of Bids 28 18. Deadline For Submission Of Bids 28 19. Late Bids 29 20. Modification And Withdrawal Of Bids 29 21. Opening And Preliminary Examination Of Bids 29 22. Process To Be Confidential 31 23. Detailed Evaluation And Comparison Of Bids 31 24. Preference For Provincial Bidders 32 25. Post Qualification Of The Lowest Calculated Bid 33 26. Right Of The Procuring Entity To Reject Any Or All Bids 33 27. Award Criteria 34 28. Notice Of Award 34 29. Signing Of The Contract 34 30. Performance Security 34 31. Notice To Proceed 35 32. Advance Payment 36 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In The Bds. 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 The Scc Clause 1.17. 1.3. 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. 2. Corrupt, Fraudulent, And Coercive Practices 2.1. The Funding Source Requires That The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics Sduring The Procurement And Execution Of Such Contracts. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (a.1) "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 Republic Act 3019; (a.2) "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; (a.3) “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 (a.4) “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 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. 2.2. Further, The Gop Will Seek To Impose The Maximum Penalties For Civil And Criminal Liability Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Practices. 2.3. Furthermore, The Funding Source Reserves 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 33. 3. Conflict Of Interest 3.1. 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. 3.2. In Accordance With Section 47 Of The Irr-a Of R.a. 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 By Consanguinity Or Affinity Up To The Third Civil Degree Or Any Of The Procuring Entity’s Officers Or Employees Having Direct Access To Information That May Substantially Affect The Result Of The Bidding, Such As, But Not Limited To, The Members Of The Bac, The Members Of The Technical Working Group (twg), The Bac Secretariat, The Members Of The Project Management Office (pmo), And The Designers Of The Project. 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. 4. One Bid Per Bidder 4.1. 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. 5. Pre-bid Conference 5.1. 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 Of The Contract To Bid. The Bac Shall Require An Affidavit Of Such Site Inspection From Eligible Bidder. 5.2. The Procuring Entity May Organize A Site Visit Concurrently With The Pre-bid Conference. 5.3. The Bidder Or His Official Is Invited By The Procuring Entity To A Pre-bid Conference, The Venue, Time And Date Of Which Shall Be Indicated In The Bds. Non-attendance At The Pre-bid Conference Shall Not Be A Ground For Disqualification Of A Bidder. 5.4. The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. However, Attendance Of The Bidders Shall Not Be Mandatory. 5.5. The Pre-bid Conference Shall Discuss Among Other Things, The Technical And Financial Components Of The Contract To Be Bid. The Minutes Of The Pre-bid Conference Shall Be Recorded And Made Available To All Participants Not Later Than Three (3) Calendar Days After The Pre-bid Conference. 6. Content Of The Bidding Documents 6.1. The Set Of Bidding Documents Comprises The Documents Listed In The Table Below And Addenda Issued In Accordance With Itb Clause 7: Partii Section V. Specifications Partii. Section Vi. Drawings Partii. Section Vii. Bill Of Quantities Partii Section Viii. Forms And Qualification Information 6.2. Bidders Should Note That The Procuring Entity Will Only Accept Bids From Bidders That Have Purchased The Bidding Documents From The Office Indicated In The Iaeb. 7. Clarification And Amendment Of Bidding Documents 7.1. Bidders 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. The Procuring Entity Shall Respond To The Said Request By Issuing A Supplemental/bid Bulletin, To Be Made Available To All Those Who Have Properly Secured The Bidding Documents From The Procuring Entity, At Least Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. It Shall Be The Responsibility Of All Those Who Have Properly Secured The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Procuring Entity. 7.2. 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. It Is The Responsibility Of The Procuring Entity To Notify In Writing And Through Posting In The Website Of The Procuring Entity And The Government Electronic Procurement System (g-eps) The Said Documents To All Those Who Have Properly Secured The Bidding Documents. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids. 8. Cost Of Bidding 8.1. 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. 9. Language Of Bid 9.1. 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 Of The Relevant Passages In English, In Which Case, For Purposes Of Interpretation Of The Bid, The English Translation Shall Govern. 10. Documents Comprising The Bid 10.1. Unless Otherwise Indicated In The Bds, Bids Shall Include The Following: (a) Technical Proposal – (a.1) Bid Security As To Form, Amount, And Validity Period; (a.2) Authority Of The Signing Official; (a.3) Construction Schedule And S-curve; (a.4) Manpower Schedule; (a.5) Construction Methods; (a.6) Organizational Chart For The Contract To Be Bid; (a.7) 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; (a.8) 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; (a.9) Equipment Utilization Schedule; (a.10) Affidavit Of Site Inspection; (a.11) Written Commitment From The Contractor’s Bank To Extend To It A Credit Line If Awarded The Contract To Be Bid, Or A Cash Deposit Certificate Specifically Committed To The Contract Or Project, If Awarded, In An Amount Not Lower Than That Set In The Bds; (a.12) Construction Safety And Health Program Of The Contractor; (a.13) Certificate From The Bidder Under Oath Of Its Compliance With Existing Labor Laws And Standards; (a.14) A Sworn Affidavit In Accordance With Itb Clause 3.2; And (a.15) Any Other Documents Described In The Bds. (b) Financial Proposal – (b.1) Bid Prices In Bill Of Quantities In The Prescribed Bid Form; (b.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; (b.3) Cash Flow By The Quarter And Payments Schedule; And (b.4) Any Other Document Described In The Bds. 10.2. If Indicated In The Bds, All Financial Proposals That Exceed The Abc As Indicated In The Bds, Shall Be Rejected. 11. Bid Prices 11.1. 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. 11.2. 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. 11.3. 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. 11.4. For The Given Scope Of Work In The Contract As Awarded, 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 Gcc Clause 47 And Its Corresponding Scc Provision. 12. Currencies Of Bid And Payment 12.1. Subject To Applicable Laws And Unless Otherwise Specified In The Bds, All Bid Prices Shall Be Quoted In Philippine Pesos. 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. 12.2. All Contracts Shall Be Denominated And Payable In Philippine Pesos. 13. Bid Validity 13.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Days From The Date Of The Opening Of Bids. 13.2. In Exceptional Circumstances, The Procuring Entity May Request That The Bidders Extend The Period Of Validity For A Specified Additional Period. The Request And The Bidders’ Responses Shall Be Made In Writing. A Bidder May Refuse The Request Without Forfeiting The Bid Security. A Bidder Agreeing To The Request Will Not Be Required Or Permitted To Otherwise Modify The Bid, But Will Be Required To Extend The Validity Of Bid Security For The Period Of The Extension, And In Compliance With Itb Clause 14 In All Respects. 13.3. Unless Otherwise Indicated In The Bds, If The Period Of Bid Validity Is Extended Beyond Sixty (60) Days After The Original Bid Validity Period, The Bid Prices Shall Remain Fixed And Therefore Not Subject To Any Adjustment. 14. Bid Security 14.1. The Bidder Shall Furnish, As Part Of The Bid, A Bid Security In Local Currency Or In A Freely Convertible Currency, In The Forms And Amount Specified In The Bds. 14.2. As Indicated In The Bds, The Procuring Entity Shall Prescribe The Acceptable Forms Of Bid Security From Among The Following, From Which Acceptable Forms The Bidder May Choose: (a) Cash; (b) A Cashier's Or Certified Check; (c) An Irrevocable Letter Of Credit; (d) A Bank Guarantee; (e) Surety Bond; Or (f) Foreign Government Guarantee. 14.3. In Case Of Bank Guarantee, The Bid Security Shall Be Submitted Using The Form Included In Part Ii, Section Viii, Forms And Qualifications Information, Or Another Form Acceptable To The Procuring Entity. The Form Must Include The Complete Name Of The Bidder. The Bid Security Should Be Valid For The Period Specified In The Bds. 14.4. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity. The Bid Security Of A Jv, If In The Form Of A Bank Guarantee Must Define As “bidder” All Jv Partners And List Them In The Following Manner: A Jv Consisting Of “______,” “______,” And “______”. 14.5. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed To Comply With Any Of The Requirements To Be Submitted In The First Bid Envelope Of The Bid, As Provided In This Irr-a. Without Prejudice To The Forfeiture Of Bid Securities, 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 The Bds. 14.6. The Bid Security May Be Forfeited: (a) If The Bidder Withdraws The Bid After Bid Opening During The Period Of Bid Validity; (b) If The Bidder Does Not Accept The Correction Of The Bid Price, Pursuant To Itb Clause 23; Or (c) In The Case Of A Successful Bidder, If The Bidder Fails Within The Specified Time Limit To: (c.1) Sign The Agreement; (c.2) Furnish The Required Performance Security; Or (c.3) Enter Into A Jv Agreement If It Has Undertaken To Do So. (d) Any Other Reasons Stated In The Bds. 15. Alternative Proposals By Bidders 15.1. 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. 16. Format And Signing Of Bid 16.1. The Bidder Shall Submit One Original Of The Technical Proposal And One Original Of The Financial Proposal As Described In Itb Clause 17 And Clearly Mark Each As “original - Technical Proposal” And “original – Financial Proposal”. In Addition, The Bidder Shall Submit Two (2) Copies Of The Technical Proposal And The Financial Proposal, And Clearly Mark Them “copy No… - Technical Proposal” And “copy No…. – Financial Proposal”. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 16.2. The Original And The Two (2) Copies Of The Bid Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or A Person Or Persons Duly Authorized To Bind The Bidder To The Contract. All Pages Of The Bid Where Entries Or Amendments Have Been Made Shall Be Initialed By The Person Or Persons Signing The Bid. 16.3. Any Interlineations, Erasures, Alterations Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Person Signing The Bid. 16.4. Unless Otherwise Provided In The Bds, Commissions Or Gratuities Are Not Allowed. 17. Sealing And Marking Of Bids 17.1. The Bidder Shall Enclose The Original Of The Technical Proposal In One Sealed Envelope Marked As “original - Technical Proposal”; Whereas, The Original Of The Financial Proposal Shall Be Enclosed In Another Sealed Envelope Marked As “original - Financial Proposal”. Both Envelopes Shall Then Be Placed In Another Single Envelope Marked As “original Bid”. 17.2. Each Copy Of The Technical Proposal And Financial Proposal, Shall Be Similarly Sealed Duly Marked As “copy No… - Technical Proposal” And “copy No… – Financial Proposal” Respectively And The Outer Envelope As “copy No”. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope That Shall: (a) Name Of The Contract To Be Bid; (b) Bear The Name And Address Of The Bidder; (c) Be Addressed To The Procuring Entity In Accordance With Itb Clause 18.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Bds; And (e) Bear A Warning “do Not Open Before…” The Time And Date For The Opening Of Bids , In Accordance With Itb Clause 18.1. 17.3. If All Envelopes Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. 18. Deadline For Submission Of Bids 18.1. Bids Must Be Received By The Bac Of The Procuring Entity At The Address And On Or Before The Date And Time Indicated In The Bds. 19. Late Bids 19.1. Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 18.1, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 20. Modification And Withdrawal Of Bids 20.1. 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. 20.2. 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. 20.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 20.2 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. 20.4. 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 Bid Form. Withdrawal Of A Bid During This Interval May Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To The Itb Clause 14.6, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By R.a. 9184 And Its Irr-a. 21. Opening And Preliminary Examination Of Bids 21.1. The Bac Of The Procuring Entity Shall Open Bid Envelopes In The Presence Of Bidders’ Representatives Who Choose To Attend, At The Time, On The Date, And At The Place Specified In The Bds. Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. 21.2. Letters Of Withdrawal Shall Be Read Out And Recorded, 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 Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Justification Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 21.3. If The Bidding Is Subject To An Eligibility Check As Described In Itb Clause 21.6, The Procuring Entity Shall Not Accept The Bids Of Ineligible Bidders. The Procuring Entity Shall Open Bids Of Eligible Bidders Only, In Accordance With The Following Paragraph. 21.4. Outer Envelopes Marked “technical Modification” Or “financial Modification” Will Be Identified But Not Opened. The Procuring Entity Will Announce The Presence And Type Of Modification From The Information Contained On The Outer Envelope. 21.5. The Procuring Entity Shall First Open The Envelopes Holding The Technical Proposals And Modification, If Any, One At A Time, And Read Out And Record The Following: (a) The Name Of The Bidder; (b) Whether There Is A Technical Modification Or Substitution; (c) The Presence, Amount And Validity Of The Bid Security; And (d) The Presence Or Absence Of Each Document Comprising The Technical Proposal Vis-à-vis A Checklist Of The Required Documents. 21.6. The Bac Of The Procuring Entity Shall Determine Each Bidder’s Compliance With The Documents Required To Be Submitted For The Technical Proposal Of The Bid, As Prescribed In Itb Clause 10. For This Purpose, The Bac Of The Procuring Entity Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present In The First (technical) Envelope, Using Non-discretionary “pass/fail” Criteria, As Stated In The Iaeb And Itb Clause 10. If A Bidder Submits All Required Documents, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Failure To Submit A Requirement, Or An Incomplete Or Patently Insufficient Submission, Shall Be Considered “failed” For The Particular Requirement Concerned. In Case One Or More Of The Above Required Documents In The First Envelope Of A Particular Bid Is Missing, Incomplete, Or Patently Insufficient, The Bac Of The Procuring Entity Shall Rate The Bid Concerned As “failed” And Immediately Return To The Bidder Concerned Its Second (financial) Envelope Unopened. 21.7. Immediately After Determining Compliance With The Requirements In The First Bid Envelope (technical Proposal), The Bac Shall Forthwith Open The Second Bid Envelope (financial Proposal) 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, The Bac Shall Rate The Bid Concerned As “failed.” Bids That Are Determined To Contain All The Requirements For The Second (financial) Envelope Shall Be Rated “passed” And Shall Immediately Be Considered For Detailed Evaluation Of The Bids. 21.8. The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Abstract Of Bids As Read Including 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 And The Observers May Witness The Same. A Copy Of The Abstract Of Bids As Read Shall Be Made Available To All Interested Bidders. The Minutes Of The Proceedings Of The Bid Opening Shall Be Available To The Public Upon Written Request And Payment At A Specified Fee To Cover The Cost Of Materials. 22. Process To Be Confidential 22.1. 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. 23. Detailed Evaluation And Comparison Of Bids 23.1. The Procuring Entity Will Evaluate And Compare, In Detail, Only The Bids That Are Rated “passed” For Both Technical And Financial Proposals. 23.2. 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. 23.3. To Determine The Lowest Calculated Bid, The Bac Shall Use A Non-discretionary “pass/fail” Criteria, As Stated In The Iaeb, Which Shall Include A Consideration Of The Following: (a) The Bid Must Be Complete. 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; And (b) Minor Arithmetical Corrections To Consider Computational Errors, Omissions And Discounts If Allowed, In The Bidding Documents To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 23.4. The Bac Shall Evaluate All Bids On An Equal Footing To Ensure Fair And Competitive Bid Evaluation. For This Purpose, All Bidders Shall Be Required To Include 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. 23.5. In Case Of Discrepancies Between: (a) Bid Prices In Figures And In Words, The Latter Shall Prevail; (b) The Total Bid Amount And The Sum Of Total Costs Per Item, The Sum Of The Total Costs Per Item Shall Prevail And The Total Bid Amount Will Be Corrected; And (c) Unit Cost In The Detailed Estimate And Unit Cost In The Bill Of Quantities, The Latter Shall Prevail. 23.6. 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. 23.7. The Estimated Effect Of Any Price Adjustment Conditions Under Gcc Clause 47, During The Period Of Implementation Of The Contract, Will Not Be Taken Into Account In Bid Evaluation. 24. Preference For Provincial Bidders 24.1. If So Indicated In The Bds, Bidders Whose Principal Office Is Within The Same Province Where The Project Is To Be Implemented Shall Be Given Preference By Allowing A Right To Match The Lowest Calculated Bid Subject To Applicable Laws And Following The Mechanism Shown In The Bds. 25. Post Qualification Of The Lowest Calculated Bid The Procuring Entity Shall Conduct Post Qualification To Determine Whether The Bidder That Is Evaluated To Have The Lowest Calculated Bid Complies With And Is Responsive To All Requirements And Conditions For Eligibility And Of The Bidding For The Contract. The Determination Shall Use Non-discretionary “pass/fail” Criteria And Be Based Upon Examination, Verification And Validation Of The Documentary Evidence Of The Bidder’s Eligibility/qualifications Submitted By The Bidder Pursuant To 25.1. Part I. Section Ii. Eligibility Documents And The Technical And Financial Proposals For Itb Clause 10. If The Said Bidder Passes The Post-qualification, His Bid Shall Be Declared As The Lowest Calculated And Responsive Bid (lcrb). 26. Right Of The Procuring Entity To Reject Any Or All Bids 26.1. 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. 26.2. The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract In The Following Situations: (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 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. 27. Award Criteria 27.1. Subject To Itb Clause 25, The Procuring Entity Shall Award The Contract To The Successful Bidder Whose Bid Has Been Determined To Be The Lcrb. 28. Notice Of Award 28.1. The Procuring Entity Shall Issue A Written Notice Of Award/letter Of Acceptance To The Bidder With The Lcrb Prior To The Expiration Of The Bid Validity Period, By Registered Mail, By Hand Or By Facsimile. This Notice Of Award/letter Of Acceptance Shall State The Proposed Contract Price Equivalent To The Lcrb, Together With The Documentary Requirements For The Contract. 29. Signing Of The Contract 29.1. Within Ten (10) Calendar Days Upon Receipt Of The Award, The Successful Bidder Shall Submit To The Procuring Entity: (a) Its Written Confirmation To The Award; (b) The Contract Form Signed By The Bidder; (c) The Required Performance Security; And (d) All Other Documentary Requirements For The Contract. 29.2. Within Twenty (20) Calendar Days Upon Receipt From The Successful Bidder Of The Signed Confirmation Of The Award, The Signed Contract, The Required Performance Security And All Other Documentary Requirements, The Procuring Entity Shall Sign And Approve The Contract. 30. Performance Security 30.1. Within A Maximum Period Of Ten (10) Calendar Days Upon Receipt Of The Notification Of Award From The Procuring Entity, And In No Case Later Than The Signing Of The Contract By The Successful Bidder And The Procuring Entity, The Successful Bidder Shall Furnish To The Procuring Entity, The Performance Security In Accordance With The Conditions Of Contract, In The Performance Security Form Provided In The Bidding Documents, Or In Another Form Acceptable To The Procuring Entity. 30.2. As Indicated In The Bds, The Procuring Entity Shall Prescribe The Acceptable Forms Of Performance Security From Among The Following, From Which Acceptable Forms The Bidder May Choose: (a) Cash; (b) A Cashier’s Or Certified Check; (c) An Irrevocable Letter Of Credit; (d) A Bank Guarantee; (e) Surety Bond; Or (f) Foreign Government Guarantee. 30.3. If The Acceptable Performance Security Is Provided By The Successful Bidder In The Form Of A Bank Guarantee, Or Other Form If Indicated In Scc Clause 7.1, It Shall Be Issued Either (a) At The Bidder’s Option, By A Bank Located In The Country Of The Procuring Entity Or A Foreign Bank Through A Correspondent Bank Located In The Country Of The Procuring Entity, Or (b) With The Agreement Of The Procuring Entity Directly By A Foreign Bank Acceptable To The Procuring Entity. 30.4. Failure Of The Successful Bidder To Comply With The Requirements Of Itb Clause 30.1 Shall Constitute Sufficient Grounds For Cancellation 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. 30.5. Upon The Furnishing By The Successful Bidder Of The Performance Security, The Procuring Entity Will Promptly Notify The Other Bidders That Their Bids Have Been Unsuccessful. 31. Notice To Proceed 31.1. 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. 32. Advance Payment 32.1. 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 38.1. Part Ii. Section Ii. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Municipality Of Carmen, Surigao Del Sur The Name Of The Contract Is Construction Of Sitio Tabinas Bhs 5.3 The Procuring Entity’s Address Is: Local Government Unit Carmen, Surigao Del Sur Hon. Jane V. Plaza - Municipal Mayor 7.1 All Bids Submitted Will Be Opened At The Bid Opening Ceremony. Determination Of A Bidder’s Qualifications And Eligibility Will Form Part Of The Procuring Entity’s Evaluation Process And Post-qualification. 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) Evidence Of Financial, Technical And Production Capability; (minimum Equipment Required) B) Audited Financial Statements; C) Nfcc Or Credit Line Certificate Or Cash Deposit Certificate; D) Bid Security; And E) Authority Of The Signatory. 10.1 F) 10.1(a.11) Minimum Required Equipment 10.1(a.11) Ten Percent (10%) Of The Bid Amount. Note: If The Bidder, At Its Own Option Provides A Cash Deposit Certificate It Must Be At Least Ten Percent (10%) Of The Bid Amount 10.1(a.15) None. 10.1(b.4) None. 10.2 There Is No Ceiling For Financial Proposals. 11.4 Bid Prices Shall Be Fixed; Adjustable Financial Proposals Will Be Rejected. 12.1 For Goods And Services That Will Be Supplied From Outside Of The Philippines. Bid Prices Therefore Shall Be Quoted In United States Dollars. 13.1 Bids Will Be Valid Until 120 Calendar Days From The Date Of Bid Opening. 13.3 If The Period Of Bid Validity Is Extended Beyond Sixty (60) Days After The Original Bid Validity Period; Or In The Request For Extension, For The Period Of Delay Beyond Sixty (60) Days After The Expiry Of The Initial Bid Validity, Up To The Notification Of Award, Bid Prices Shall Be Increased On The Local Component By 3% Per Annum. Bid Evaluation Will Be Based On The Bid Prices Without Taking The Above Correction Into Consideration. 14.1 And 14.2 The Bid Security Shall Be In The Following Forms And Amount: (a) Cash, Certified (cashier’s Or Manager’s) Check At One Percent (1%) Of The Bid; And (b) Bank Guarantee At One And A Half Percent (1.5%) Of The Bid; (c) Bid Securing Declaration 14.3 And 14.5 One Hundred Twenty (120) Days From The Date Set For Bid Opening. 14.6(d) The Following Shall Be The Additional Grounds For Forfeiture Of The 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 He Had Been Adjudged As Having Submitted The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid. 5. 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. 6. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 7. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As An Eligible Contractor Not Buying Bid Documents, And Contractors Habitually Withdrawing From Bidding Or Submitting Letters Of Non-participation For At Least Three (3) Times Within A Year, Except For Valid Reasons. 15.1 None 16.4 No Further Instructions. 17.2(d) The Specific Identification Of This Bidding Process Is 18.1 The Address For Submission Of Bids Is Bac Office, Municipal Hall, Carmen, Surigao Del Sur. The Deadline For Submission Of Bids Is March 13, 2024 At 10:00 Am 21.1 The Place Of Bid Opening Is Bac Office, Municipal Hall, Carmen, Surigao Del Sur. The Date And Time Of Bid Opening Is March 13, 2024 At 10:00 Am 24.1 Not Applicable. Part Ii. Section Iii. General Conditions Of Contract Table Of Contents 1. Definitions 42 2. Interpretation 44 3. Governing Language And Law 45 4. Communications 45 5. Possession Of Site 45 6. The Contractor’s Obligations 46 7. Performance Security 47 8. Sub-contracting 47 9. Liquidated Damages 48 10. Site Investigation Reports 48 11. The Procuring Entity, Licenses And Permits 48 12. Contractor’s Risk And Warranty Security 48 13. Procuring Entity’s Risk 50 14. Insurance 51 15. Termination For Default Of Contractor 52 16. Termination For Default Of Procuring Entity 53 17. Termination For Other Causes 53 18. Procedures For Termination Of Contracts 55 19. Force Majeure, Release From Performance 56 20. Resolution Of Disputes 57 21. Suspension Of Loan, Credit, Grant, Or Appropriation 58 22. Procuring Entity’s Representative’s Decisions 58 23. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 58 24. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 25. Extension Of The Intended Completion Date 59 26. Right To Vary 59 27. Contractors Right To Claim 60 28. Dayworks 60 29. Early Warning 60 30. Program Of Work 60 31. Management Conferences 61 32. Bill Of Quantities 61 33. Instructions, Inspections And Audits 62 34. Identifying Defects 62 35. Cost Of Repairs 62 36. Correction Of Defects 63 37. Uncorrected Defects 63 38. Advance Payment 63 39. Progress Payments 64 40. Payment Certificates 64 41. Retention 65 42. Variation Orders 65 43. Contract Completion 67 44. Suspension Of Work 67 45. Payment On Termination 68 46. Extension Of Contract Time 69 47. Price Adjustment 70 48. Completion 70 49. Taking Over 70 50. Operating And Maintenance Manuals 71 1. Definitions 1.1. For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.2. 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 20. 1.3. 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. 1.4. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 48. 1.5. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. It Consists Of The Documents Listed In Gcc Clause 2.3. 1.6. 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. 1.7. 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. 1.8. 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. 1.9. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.10. Days Are Calendar Days; Months Are Calendar Months. 1.11. Day Works 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. 1.12. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.13. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.14. 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. 1.15. 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. 1.16. 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. 1.17. 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. 1.18. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.19. 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. 1.20. 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. 1.21. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.22. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.23. 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. 1.24. 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. 1.25. 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. 1.26. 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. 1.27. 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. 1.28. 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. 1.29. 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. 1.30. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.31. 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). 2.3. The Documents Forming This Contract Shall Be Interpreted In The Following Order Of Priority: (a) Contract Agreement; (b) Instructions To Bidders; (c) Addenda To The Bidding Documents; (d) Specifications; (e) Drawings; (f) Special Conditions Of Contract; (g) General Conditions Of Contract; And (h) Any Other Document Listed In The Scc As Forming Part Of This Contract. 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 4.1. 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 46. 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. The Performance Security Shall Be Submitted To The Procuring Entity Not Later Than The Date Specified In The Letter Of Acceptance And Shall Be Issued In An Amount And Form As Specified In The Scc, And Denominated In The Currency In Which The Contract Price Is Payable. The Performance Security Shall Be Valid For The Period Specified In The Scc. 7.2. 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. Sub-contracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract More Than Fifty Percent (50%) Of The Value Of The Works,. 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. 8.2. All Subcontracting Arrangements As Disclosed And Identified During The Eligibility Check Shall Not Be Changed During The Implementation Of This Contract. 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 39.1 10. Site Investigation Reports 10.1. 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 11.1. 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. In Case The Contractor Fails To Comply With The Preceding Paragraph, It Shall Suffer Perpetual Disqualification From Participating In Any Public Bidding And Its Property Or Properties Shall Be Subject To Attachment Or Garnishment Proceedings To Recover The Costs. All Payables Of The Procuring Entity In The Contractor’s Favor Shall Be Offset To Recover The Costs. 12.3. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For Structural Defects And/or Failure Of The Completed Project Within The Following Warranty Periods From Final Acceptance, Except Those Occasioned By Force Majeure And Those Caused By Other Parties: (a) Permanent Structures: Fifteen (15) Years Buildings Of Types 4 (steel, Iron, Concrete, Or Masonry Construction With Walls, Ceilings, And Permanent Partitions Of Incombustible Fire Resistance) And 5 (steel, Iron, Concrete, Or Masonry Construction), Steel And Concrete Bridges, Flyovers, Concrete Aircraft Movement Areas, Ports, Dams, Diversion Tunnels, Causeways, Wharves, Piers, Dikes, Filtration And Treatment Plants, Sewerage Systems, Power Plants, Transmission And Communication Towers, Railway System, And Other Similar Structures; (b) Semi-permanent Structures: Five (5) Years Buildings Of Types 1 (wooden), 2 (wood With 1 Hour Fire Resistance), And 3 (masonry And Wood Construction), Concrete Roads, Asphalt Roads, River Control, Drainage, Irrigation And Drainage Canals, Municipal Ports And River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Structures; And (c) Other Structures: Two (2) Years Bailey And Wooden Bridges, Shallow Wells, Spring Developments, And Other Similar Structures. 12.4. 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 1. Cash Deposit, Cash Bond Or Letter Of Credit Five Percent (5%) 2. Bank Guarantee Ten Percent (10%) 3. Surety Bond Thirty Percent (30%) 12.5. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective During The Applicable Warranty Period Provided In Gcc Clause 12.3. 12.6. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.3, 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, Of 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. For Purposes Of This Clause, The Term “structural Defects” Shall Mean Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Works Which May Lead To Structural Failure Of The Completed Elements Or Structure. The Term “structural Failures” Is Defined As An Occurrence 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. 13. Procuring Entity’s Risk 13.1. 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: (a.1) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (a.2) 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. 14. Insurance 14.1. 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. 14.2. 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 Through The Procuring Entity’s Representative. 14.3. 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. 14.4. 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. 14.5. 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 39 Until The Contractor Complies With This Clause. 14.6. 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: (a.1) Become Bankrupt; (a.2) Been Placed Under Receivership Or Under A Management Committee; (a.3) Been Sued For Suspension Of Payment; Or (a.4) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (b) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 15. Termination For Default Of Contractor 15.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 15.2. 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; 15.3. 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 15.4. 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. 15.5. 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. 16. Termination For Default Of Procuring Entity 16.1. 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. 17. Termination For Other Causes 17.1. 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. 17.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 17.3. 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: (h.1) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 2.1(a); (h.2) Drawing Up Or Using Forged Documents; (h.3) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (h.4) Any Other Act Analogous To The Foregoing. 17.4. 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. 17.5. 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 17.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 17.6. 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. 18. Procedures For Termination Of Contracts 18.1. 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: (b.1) 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; (b.2) The Extent Of Termination, Whether In Whole Or In Part; (b.3) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (b.4) 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. Force Majeure, Release From Performance 19.1. 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. 19.2. 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. 19.3. 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. 19.4. 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 27.1; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 19.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 20. Resolution Of Disputes 20.1. 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. 20.2. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr-a Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of 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. 21. Suspension Of Loan, Credit, Grant, Or Appropriation 21.1. 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 44.2. 22. Procuring Entity’s Representative’s Decisions 22.1. 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. 22.2. 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. 23. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 23.1. 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. 23.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 23.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 23.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 24. Acceleration And Delays Ordered By The Procuring Entity’s Representative 24.1. 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. 24.2. 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. 25. Extension Of The Intended Completion Date 25.1. 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. 25.2. 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. 26. Right To Vary 26.1. 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. 26.2. 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. 27. Contractors Right To Claim 27.1. 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. 28. Dayworks 28.1. Subject To Gcc Clause 42 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. 28.2. 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. 28.3. The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 29. Early Warning 29.1. 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. 29.2. 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. 30. Program Of Work 30.1. 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. 30.2. 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. 30.3. 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. 30.4. 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. 30.5. 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. 30.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 31. Management Conferences 31.1. 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. 31.2. 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. 32. Bill Of Quantities 32.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 32.2. 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. 32.3. 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. 32.4. 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. 33. Instructions, Inspections And Audits 33.1. 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. 33.2. 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. 33.3. 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. 34. Identifying Defects 34.1. 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. 35. Cost Of Repairs 35.1. 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. 36. Correction Of Defects 36.1. 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, Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 36.2. 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. 36.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 36.4. 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. 37. Uncorrected Defects 37.1. 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. 37.2. 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. 38. Advance Payment 38.1. 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 To Exceed 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. 38.2. 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. 38.3. The Advance Payment Shall Be Repaid By The Contractor By Deducting A Percentage Equal To That Used For The Advance Payment From Periodic Progress Payments To Be Made To The Contractor. 38.4. 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. Progress Payments 39.1. 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. 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. 39.2. The Procuring Entity Shall Have The Right To Deduct From The Contractor’s Progress Billing Such Amount As May Be Necessary To Cover Third Party Liabilities, As Well As Uncorrected Discovered Defects In The Project. 39.3. 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. 39.4. 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. 40. Payment Certificates 40.1. 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. 40.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 40.3. 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. 40.4. 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. 41. Retention 41.1. 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 41.2. 41.2. 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 Therefor. 41.3. 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 Percentage Retained Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Procuring Entity 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 Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 41.4. 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. 42. Variation Orders 42.1. 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. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 42.2. A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 42.3. 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. 42.4. 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 The Variation Order Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) 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%). 42.5. 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 Head Of The Procuring Entity 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 Procuring Entity’s Representative. (b) The Procuring Entity’s Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity 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 Procuring Entity’s Representative. (c) The Procuring Entity’s 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, The Procuring Entity’s 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. 43. Contract Completion 43.1. 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. 44. Suspension Of Work 44.1. 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. 44.2. 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. 44.3. 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. 45. Payment On Termination 45.1. 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. 45.2. 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. 45.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 45.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 16 Or 17, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 46. Extension Of Contract Time 46.1. 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. 46.2. 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. 46.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 46.4. 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. 46.5. 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, 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. 47. Price Adjustment 47.1. 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. 48. Completion 48.1. 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. 49. Taking Over 49.1. 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. 50. Operating And Maintenance Manuals 50.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 50.2. 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. Part Ii. Section Iv. Special Conditions Of Contract Gcc Clause 1.17 The Intended Completion Date Is 105 Calendar Days. 1.22 The Procuring Entity Is Municipality Of Carmen. 1.23 The Procuring Entity’s Representative Is Hon. Jane V. Plaza - Municipal Mayor. 1.24 The Site Is Located At Sitio Tabinas, Barangay Poblacion, Carmen, Surigao Del Sur And Is Defined In Drawings No. Sheet No. 01 Vicinity Map See Part Ii Section Vi. 1.28 The Start Date Is Within 10 Calendar Days Upon Receipt Of Ntp. 1.31 The Works Consist Of I. Construction Of Sitio Tabinas Bhs 2.2 Not Applicable (h) The Other Documents Forming Part Of The Contract Are: None. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Issuance Of Ntp 6.5 The Contractor Shall Employ The Following Key Personnel: 1. Civil Engineer 2. Construction Foreman 3. Carpenter/mason 4. Equipment Operator 5. Laborers 7.1 At The Contractor’s Option The Performance Security Is To Be In Any Of The Following Form: (a) Cash, Certified (cashier’s Or Manager’s) Check, In The Amount Of Five Percent (5%) Of The Contract Price; And (b) Bank Guarantee In The Amount Of Ten Percent (10%) Of The Contract Price. The Performance Security Shall Be Discharged By The Procuring Entity And Returned To The Contractor Not Later Than Thirty (30) Days Following The Date Of The Expiration Of This Contract. 8.1 No Further Instructions. 9.1 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 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. 10.1 The Site Investigation Reports Are: None 20.1 The Arbiter Is: Construction Industry Arbitration Commission Manila 20.2 No Further Instructions. 25.1 No Further Instructions. 28.1 No Day Works Are Applicable To The Contract. 30.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within [10] Days Of Delivery Of The Letter Of Acceptance. 30.3 The Period Between Program Of Work Updates Is [30] Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is 1% Of The Progress Billing. 33.3 The Funding Source: 2023 Hfep 36.1 The Defects Liability Period Is One Year. 38.1 The Amount Of The Advance Payment Is 15% Of The Contract Price And To Be Recouped Every Progress Billing. 39.1 No Further Instructions. 39.3 No Further Instructions. 41.2 The Amount Of Retention Is Ten Percent (10%) Of The Contract Value. 47.1 No Further Instructions. 50.1 The Date By Which Operating And Maintenance Manuals Are Required Is : Not Applicable The Date By Which “as Built” Drawings Are Required Is : [within Fifteen (15) Days After Completion] 50.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings By The Date Required Is : [1% Of The Final Contract Amount] Part Ii. Section V. Specifications Part Ii. Section Vi. Drawings Note: Please See Attached Plans And Drawings. Part Ii. Section Vii. Bill Of Quantities Item Scope Of Works Unit Qty Unit Price Total Amount I Site Clearing Lot 1 Ii Excavation Cu.m 13 Iii Filling & Grading Lot 40.00 Iv Carpentry Works (scafoldings, Forms Ceiling And Ceiling Joist) Lot 1.00 V Structural Concrete Works (footing, Flooring, Column, Plinth Beam) Cu.m 12.688 Vi Reinforcement Works Kgs 1142.05 Vii Masonry Works (walls & Finishing Works) Including Septic Tank Sq.m 92 Viii Thermal And Moisture Fixture Sq.m 197.16 Ix Architectural Works (tile Works) Lot 1 X Doors And Windows Lot 1 Xi Painting Works Lot 1 Xii Electrical Works Lot 1 Xiii Plumbing Works Lot 1 Xiv Billboard Lot 1 Part Ii. Section Viii. Forms And Qualification Information Table Of Contents Bid Form 129 Form Of Bid Security (bank Guarantee) 131 Qualification Information 133 Letter Of Acceptance 136 Form Of Contract Agreement 137 Form Of Performance Security (bank Guarantee) 140 Bank Guarantee For Advance Payment 141 Affidavit Of Disclosure Of No Relationship 142 Bid Form Date: Iaeb No.: To: [name And Address Of Procuring Entity] Address: [insert Address] We, The Undersigned, Declare That: 50.3. We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract [insert Name Of Contract]; 50.4. 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]; 50.5. Our Bid Shall Be Valid For A Period Of [insert Number] 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; 50.6. 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; 50.7. Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; 50.8. 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; 50.9. 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; 50.10. 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 50.11. 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: ___________ (with Bank’s Letter Head) Form Of Bid Security (bank Guarantee) Whereas, [insert Name Of Bidder] (hereinafter Called The “bidder”) Has Submitted His Bid Dated [insert Date] For The [insert Name Of Contract] (hereinafter Called The “bid”). Know All Men By These Presents That We [insert Name Of Bank] Of [insert Name Of Country] Having Our Registered Office At [insert Address] (hereinafter Called The “bank” Are Bound Unto [insert Name Of Procuring Entity] (hereinafter Called The “entity”) In The Sum Of [insert Amount] For Which Payment Well And Truly To Be Made To The Said Entity The Bank Binds Himself, His Successors And Assigns By These Presents. Sealed With The Common Seal Of The Said Bank This _____ Day Of _________ 20___. The Conditions Of This Obligation Are: 1. If The Bidder: (a) Withdraws His Bid During The Period Of Bid Validity Specified In The Form Of Bid; Or (b) Does Not Accept The Correction Of Arithmetical Errors Of His Bid Price In Accordance With The Instructions To Bidder; Or 2. If The Bidder Having Been Notified Of The Acceptance Of His Bid By The Employer During The Period Of Bid Validity: (a) Fails Or Refuses To Execute The Form Of Agreement In Accordance With The Instructions To Bidders, If Required; Or (b) Fails Or Refuses To Furnish The Performance Security In Accordance With The Instructions To Bidders. We Undertake To Pay To The Entity Up To The Above Amount Upon Receipt Of His First Written Demand, Without The Entity Having To Substantiate His Demand, Provided That In His Demand The Entity Will Note That The Amount Claimed By Him Is Due To Him Owing To The Occurrence Of One Or Both Of The Two (2) Conditions, Specifying The Occurred Condition Or Conditions. The Guarantee Will Remain In Force Up To And Including The Date 120 Days After The Deadline For Submission Of Bids As Such Deadline Is Stated In The Instructions To Bidders Or As It May Be Extended By The Entity, Notice Of Which Extension(s) To The Bank Is Hereby Waived. Any Demand In Respect Of This Guarantee Should Reach The Bank Not Later Than The Above Date. Date Signature Of The Bank Witness Seal (signature, Name And Address) Qualification Information Notes: The Information To Be Filled In By Bidders In The Following Pages Will Be Used For Purposes Of Qualification As Provided For In Part I, Part I. Section Ii. Eligibility Documents. This Information Will Not Be Incorporated In The Contract. Attach Additional Pages As Necessary. 1. Individual Bidders Or Individual Members Of Joint Ventures 1.1 Constitution Or Legal Status Of Bidder: [attach Copy] Place Of Registration: [insert] Principal Place Of Business: [insert] Power Of Attorney Of Signatory Of Bid: [attach] 1.2* Total Annual Volume Of Construction Work Performed In The Past Five Years As Listed In The Eligibility Data Sheet, Reflected Using The Currency Specified For The Bid. Annual Turnover Data (construction Only) Year Turnover In (specified Currency) 1. 2. 3. 4. 5. 1.3 Work Performed As Prime Contractor On Works Of A Similar Nature And Volume Over The Last Ten Years. Proof Of Completion, E.g. Certificate Of Completion Signed By The Employer Or Owner, Shall Be Submitted. Also List Details Of Work Under Way Or Committed, Including Expected Completion Date. Project Name And Country Name Of Employer And Contact Person Type Of Work Performed And Year Of Completion Total Value Of Contract (in Specified Currency) 1. 2. 1.4 Major Items Of Contractor’s Equipment Proposed For Carrying Out The Works. List All Information Requested Below. Item Of Equipment Description, Make, And Age (years) Owned, Leased (from Whom?), Or To Be Purchased (from Whom?) 1. [employer To Specify] 2. 3. 1.5* Qualifications And Experience Of Contract Manager Proposed For Administration And Execution Of The Contract. Attach Bio-data. Name (primary Candidate And Alternate) Years Of Experience In Similar Works Years Of Experience As Contract Manager 1. 2. 1.6* Financial Statements For The Last Five (5) Years. Attach Audited Financial Statements. 1.7 Evidence Of Access To Financial Resources To Meet The Qualification Requirements: Cash In Hand, Lines Of Credit, Etc. List Below And Attaché Copies Of Support Documents. Source Of Financing Amount In (specified Currency) 1. 2. 3. 1.8 Name, Address, And Telephone And Facsimile Numbers Of Banks That May Provide References If Contacted By The Entity. 1.9 Proposed Program Of Work (work Method And Schedule). Attach Descriptions, Drawings And Charts, As Necessary, To Comply With The Requirements Of The Bidding Documents. 1.10* Proposed Subcontracts And Firms Involved. Refer To Gcc Clause 8. Section Of The Works Value Of Subcontract Subcontractor (name And Address) Experience In Similar Work 2. Joint Ventures* 2.1 The Information Listed In 1.1 - 1.9 Above Shall Be Provided For Each Partner Of The Joint Venture. 2.2 Attach The Power Of Attorney Of The Signatory(ies) Of The Bid Authorizing Signature Of The Bid On Behalf Of The Joint Venture. 2.3 Attach The Agreement Among All Partners Of The Joint Venture (and Which Is Legally Binding On All Partners), Which Shows That: (a) All Partners Shall Be Jointly And Severally Liable For The Execution Of The Contract In Accordance With The Contract Terms; (b) One Of The Partners Will Be Nominated As Being In Charge, Authorized To Incur Liabilities, And Receive Instructions For And On Behalf Of Any And All Partners Of The Joint Venture; And (c) The Execution Of The Entire Contract, Including Payment, Shall Be Done Exclusively With The Partner In Charge. Letter Of Acceptance [letterhead Of The Entity] Date: [insert Date] To: [name And Address Of Contractor] This Is To Notify You That Your Bid Dated [insert Date] For Execution Of The [insert Name Of Contract And Identification Number As Given In The Itb] For The Contract Price Of [insert Amount In Specified Currency] , As Corrected And Or Modified If Applicable, In Accordance With The Instructions To Bidders Is Hereby Accepted By Our Agency. You Are Hereby Instructed To Come To Our Office Located At [insert Address] To Sign The Formal Agreement On [date] At [time]. Authorized Signature: Name: Designation: Form Of Contract Agreement This Agreement, Made This ____th Day Of _______ Between Hon. Jane V. Plaza, Municipal Mayor Of Carmen, Surigao Del Sur (hereinafter Called The“entity”) And ________________________________________, Represented By _________________________ (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute The Construction Of Sitio Tabinas Bhs At Sitio Tabinas, Brgy. Hinapoyan, Carmen, Surigao Del Sur (hereinafter Called “the Works”) And The Entity Has Accepted The Bid In The Amount Of ___________________________________ (php . __________) By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Section Scope Of Works Unit Qty Unit Price Total Amount 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. I. Environmental Management Plan (emp) Ii. Environmental Compliance Certificate (ecc),if Any 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 Within 30 Calendars Days Inclusive Of 20 Days Allowance For Unworkable Conditions 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. Municipality Of Carmen By : Contractor By : Jane V. Plaza _____________________________ First Party Second Party Signed In The Presence Of : ____________________________ _____________________ Witness Witness Notarial Acknowledgment Republic Of The Philippines) Before Me, This ______ Day Of _________________, Personally Appeared: Name Ctc No. Date Of Issue Place Of Issue 1. Jane V. Plaza __________ _____________ Carmen, Sds. 2. ____________________ __________ ______________ _____________ All Known To Me To Be Same Persons Who Executed The Foregoing Agreement And Acknowledge That The Same Are Their Free Act And Voluntary Deed. This Instrument Consisting Of _____ Pages, Including This Page Whereon The Acknowledgment Is Written, Has Been Signed By The Parties And Their Witnesses On Each And Every Page Thereof, Sealed With Notarial Seal. Notary Public Doc. No.______; Page No.______; Book No.______; Series Of 2024 (with Bank’s Letter Head) Form Of Performance Security (bank Guarantee) To : [name Of Procuring Entity] [address Of Procuring Entity] Whereas, [name And Address Of Contractor] (hereinafter Called The “contractor”) Has Undertaken, In Pursuance Of Contract No. [insert Number] Dated [insert Date] To Execute [name Of Contract And Brief Description Of Works] (hereinafter Called The “contract”); And Whereas, It Has Been Stipulated By You In The Said Contract That The Contractor Shall Furnish You With A Bank Guarantee By A Recognized Bank For The Sum Specified Therein As Security For Compliance With His Obligations In Accordance With The Contract; And Whereas, We Have Agreed To Give The Contractor Such A Bank Guarantee; Now Therefore, We Hereby Affirm That We Are The Guarantor And Responsible To You, On Behalf Of The Contractor, Up To A Total Of [insert Amount Of Guarantee In Numbers And In Words] Such Sum Being Payable In The Types And Proportions Of Currencies In Which The Contract Price Is Payable, And We Undertake To Pay You, Upon Your First Written Demand And Without Cavil Or Argument, Any Sum Or Sums Within The Limits Of [amount Of Guarantee] As Aforesaid Without Your Needing To Prove Or To Show Grounds Or Reasons For Your Demand For The Sum Specified Therein. We Hereby Waive The Necessity Of Demand Of The Said Debt From The Contractor Before Presenting Us With The Demand. We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract Or Of The Works To Be Performed There Under Or Of Any Of The Contract Documents Which May Be Made Between You And The Contractor 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 Be Valid Until A Date Twenty Eight (28) Days From The Date Of Issue Of The Certificate Of Completion. Signature And Seal Of The Guarantor Name Of Bank Address Date (with Bank’s Letter Head) Bank Guarantee For Advance Payment To: [name And Address Of Procuring Entity] [name Of Contract] Gentlemen: In Accordance With The Provisions Of The Gcc Clause 32 Of The Above-mentioned Contract, [name And Address Of Contractor] (hereinafter Called “the Contractor”) Shall Deposit With [name Of Procuring Entity] A Bank Guarantee To Guarantee His Proper And Faithful Performance Under The Said Clause Of The Contract In An Amount Of [amount Of Guarantee] [amount In Words] We, The [bank Or Financial Institution], As Instructed By The Contractor, Agree Unconditionally And Irrevocably To Guarantee As Primary Obligator And Not As Surety Merely, The Payment To [name Of Procuring Entity] On His First Demand Without Whatsoever Right Of Objection On Our Part And Without His First Claim To The Contractor, In The Amount Not Exceeding [amount Of Guarantee] [amount In Words] We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract Or Of Works To Be Performed There Under Or Of Any Of The Contract Documents Which May Be Made Between [name Of Procuring Entity] And The Contractor, 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 Under The Contract Until [name Of Procuring Entity] Receives Full Repayment Of The Same Amount From The Contractor. Yours Truly, Signature And Seal: Name Of Bank/financial Institution: Address: Date: Affidavit Of Disclosure Of No Relationship [see Itb Clause 3.2 Of The Bidding Documents] I, [name Of The Affiant], [state Nationality], Of Legal Age, [state Status], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. I Am The Authorized Representative Of [insert Name Of Bidder] With Office Address At [insert Address] An Established And Reputable Constructor Of [insert Name And/or Description Of The Works] For The Bidding Of [insert Name Of The Project] By The [insert Name Of Procuring Entity] (hereinafter Referred To As The “procuring Entity”); 2. None Of The [officers / Directors / Controlling Stockholders / Members / Owners] Of The [name Of The Bidder] Are Related By Consanguinity Or Affinity Up To The Third Civil Degree To The Head Of The Procuring Entity Or Any Of The Procuring Entity’s Officers Or Employees Having Direct Access To Information That May Substantially Affect The Result Of The Bidding, Such As, But Not Limited To, The Members Of The Bids And Awards Committee (bac), The Members Of The Technical Working Group (twg), The Bac Secretariat, The Members Of The Project Management Office (pmo), And The Designers Of The Project. 3. I Am Making This Statement In Compliance With Section 47 Of The Implementing Rules And Regulations Part A Of Republic Act 9184, And In Accordance With The Requirements Of The Procuring Entity 4. I Understand And Accept That Any False Statement In This Respect Will Render [name Of The Bidder], And Its Authorized Officers Liable For Prosecution To The Full Extent Of The Law. In Witness Whereof, I Have Hereunto Set My Hand This _________________ Day Of __________________, 20__, In The City Of __________________, Philippines. ______________________ Affiant Subscribed And Sworn To Before Me This ___________________________ Day Of _____________________, Philippines. ______________________ Notary Public Doc. No. __________; Page No. __________; Book No. __________; Series Of 20____ 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]