Painting Tenders

Details: The fire station, with associated ancillary and functional rooms, was built around 1994. The building plot is fully developed and located on the public road "Sand". The existing building was built using monolithic masonry construction. The functional area is a two-storey building with a reinforced concrete solid ceiling and a wooden roof structure. In the single-storey building area of the two existing vehicle parking spaces, the building structure consists of steel frames with projecting masonry walls. In the roof area, aerated concrete roof panels (hebel) were laid on the steel frames described and then covered with roof tiles as a water-bearing layer. Due to the interim development and variety of tasks of the Drachhausen local fire department, the addition of a new small garage with a building area of approx. 50 m² is planned on the eaves side rear of the building. A structural connection (access) to the new garage space should be possible from the existing vehicle garage. A building permit for the planned building extension was applied for from the responsible building authority of the Spree-Neiße district and has now been obtained. A rear, eaves-level building extension of approx. 5.0 m x 10.0 m is planned for the existing single-storey vehicle parking garage. The extension should also preferably be built from monolithic aerated concrete masonry (d = 30.0 ... 36.5 cm), with a ring beam top. The roof support structure should be made of wood and then covered with roof tiles on a rainproof sub-roof as a continuation/extension of the existing roof covering. The new garage area will not be heated. The electrical installation in the area of the new vehicle garage should be carried out as an extension of the existing electrical system. Performance data for the planned construction: - Construction site equipment; - Excavation work - Floor area approx. 60 m²; - Concrete work for foundation body - base slab made of reinforced concrete D = 20 cm - approx. 50 m²; - Bricklaying - external walls made of aerated concrete - approx. 20 m³ with ring beams etc.; - Steel construction work for new ridge purlin support; - Carpentry - approx. 2.50 m³ of timber for roof truss and approx. 60 m²³ of roof sheathing; - Roofing - approx. 55 m² of roof area with roof tiles and associated roof plumbing work; - Joinery, windows, external and internal doors and gate systems; - Drywall construction with roof insulation - approx. 50 m²; - Plastering - inside approx. 130 m² and outside approx. 70.0 m²; - Screed laying work - approx. 50 m² - Painting work - approx. 200 m² of wall and ceiling areas and approx. 50 m² of floor area; - Electrical installation work, as an extension of the existing electrical system; - Outdoor facility fixing - approx. 70 m² in extension of the existing surface fixing;

Details: The United States Coast Guard Surface Forces Logistics Center Has A Requirement To Open, Inspect, Report And Possible Overhaul Of The Below Item And Is Requesting Quotation: this Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format Outlined In Far Subpart 12.6, And As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes Are Being Requested And A Written Solicitation Will Not Be Issued. solicitation Number 70z04025qag131 Is Issued As A Request For Quotation (rfq). This Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular (fac) 2025-02, Dated January 2025. It Is Anticipated That A Competitive Price Purchase Order Shall Be Awarded Because Of This Synopsis/solicitation. All Responsible Sources May Submit A Quotation Which If Timely Received, Shall Be Considered By This Agency. this Acquisition Will Be Issued Under Naics 811310. nsn 4320-01-122-3852 pump Centrifugal oem: Curtis -wright Pump pn: Y671191 qty: 06 Ea open, Inspect, Report With Possible Repair In Accordance With The Overhaul Description And Oem Specs. inspection Cost $__________ Each (this Cost Will Be Paid If Items Are Beyond Economic Repair) firm Fixed Repair Price $___________ Each. these Parts Are Used For The U. S. Coast Guard Medium Endurance Product Line. Substitute Parts Or Part Numbers Are Not Acceptable. The Uscg Does Not Own The Rights To The Proprietary Data And Therefore Cannot Provide Drawings, Specifications, Or Schematics For These Parts. packing And Marking: all Item S Shall Be Individually Packaged And Marked Per Sections 3.9.2 And 3.9.3 Of Overhaul Description. packing. Material Shall He Packed In Containers Meeting Astm D-3951 and Shall Be Suitable For Shipment By Rail Or Motor Freight. The Contractor shall Package Items In Such A Manner As To Prevent Damage To The Equipment during Shipment. The Equipment Shall Be Packaged In Skid Mounted Shipping containers, Suitable For Handling With A Forklift. The Containers Shall Be suitable For Long Term Inside Storage In A Warehouse. Containers Shall Be assembled With Screws To Permit Ease Of Removal Of The Cover Or Lid From The base. The Generator Shall He Bolted To The Framing System. Suitable Cribbing shall Be Provided To Prevent Damage During Shipment. Protrusions, - projections, Corners, Sharp Edges, And Fragile Areas Shall He Cushioned As required To Protect The Equipment And To Prevent Rupture Of Heat Shrink-wrap materials. The Generator Hub Coupling On The Rotor Shall Be Supported To prevent Movement Of The Rotor During Transit. Fiber Boards Shall Be Inserted between The Rotor And The Stator With Yellow Tag Visible On The Coupling End saying To Remove At Installation. marking. Each Package Shall Be Marked. Shipping Container Shall Be stenciled With Black Enamel Paint With The Information As Laid Out Below. stencil Shall Be Applied To The Container On Two Opposite Sides In Upper Left corner. Markings Shall Be 3/4 Inch Minimum Height Black Characters On A white Painted Background. All Previous Markings And /or Quality Assurance decals Shall Be Removed From The Reusable Shipping Container Prior To The application Of Any New Markings. Marking Shall Consist Of The National Stock number (nsn), Item Name, Part Number, Contract Number And Delivery Order number, Shipping Weight, Quantity And Unit Of Issue, And The Words "u.s. coast Guard Sflc Material, "condition-a". The Following Is An Example: nsn 4320-01-122-3852 pump Centrifugal oem: Curtis -wright Pump pn: Y671191 qty: 06 Ea delivery: delivery Is Required Jun 30, 2025. Please Provide Your Proposed Delivery To Address Below. Deliveries Are To Be Made Monday Through Friday Between The Hours Of 7:00 Am To 1:00 Pm. delivery Shall Be F.o.b. Destination To: united States Coast Guard (sflc) receiving Room, Bldg. #88a 2401 Hawkins Point Road baltimore, Md 21226. estimated Delivery Date: _________________ inspection And Acceptance: F.o.b. Destination inspection And Acceptance Shall Take Place After Verification Of Preservation, Individual Packaging And Marking Requirements And Confirmation Of No Damage During Transit. Failure To Comply With Packaging Requirements Will Result In Rejection And Nonpayment. the Provision At 52.212-1, Instructions To Offerors-commercial, Applies To This Acquisition. In Addition, The Following Language Applies To This Provision: multiple Awards Will Not Be Made. Vendor Shall Provide An All-or-nothing Quote For The Requirement Identified In (5) Above. award Will Be Made To The Lowest Price Offeror, That Is Deemed Technical Acceptable. the Contractor Shall Provide A Total Firm Fixed Price With Inspection Fee For All Necessary Equipment And Shipping Cost To Addresses Shown Under Delivery. vendor Must Be Registered At Https://www.sam.gov Prior To Quote Submittal. each Offeror’s Record In Fapiis Will Be Reviewed Prior To Award. Award Will Not Be Made To Any Offeror Who Has Any Adverse Financial Information Or Exclusions. offerors Shall Include A Completed Copy Of The Provision At 52.212-3, Offeror Representations And Certifications-commercial Products And Commercial Services (nov 2023), With Their Offer, If This Information Is Not Already Included In Https://www.sam.gov. the Clause At 52.212-4, Contract Terms And Conditions-commercial Items (nov 2023), Applies To This Acquisition. far 52.212-5 Contract Terms And Conditions Required To Implement Statues Or Executive Orders-commercial Product And Commercial Services (dec 2023) the Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Laws Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Service: (1)52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements(jan 2017)(section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (2)52.204-23, Prohibition Oncontractingfor Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities(dec 2023)(section 1634 Of Pub. L. 115-91). (3)52.204-25, Prohibition Oncontractingfor Certain Telecommunications And Video Surveillance Services Or Equipment.(nov 2021)(section 889(a)(1)(a) Of Pub. L. 115-232). (4)52.209-10, Prohibition Oncontractingwith Inverted Domestic Corporations(nov 2015). (5)52.232-40, Providing Accelerated Payments Tosmall Business Subcontractors(mar 2023)(31 U.s.c. 3903and10 U.s.c. 3801). (6)52.233-3, Protest After Award(aug 1996)(31u.s.c.3553). (7)52.233-4, Applicable Law For Breach Of Contractclaim(oct 2004)(public Laws 108-77 And 108-78 (19u.s.c.3805note)). (b)the Contractorshallcomply With The Far Clauses In This Paragraph (b) That Thecontracting Officerhas Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable Toacquisitionsofcommercial Productsandcommercial Services: [contracting Officercheck As Appropriate.] __(1)52.203-6, Restrictions On Subcontractor Sales To The Government(jun 2020),withalternatei(nov 2021)(41u.s.c.4704and10 U.s.c. 4655). __(2)52.203-13, Contractor Code Of Business Ethics And Conduct(nov 2021)(41u.s.c.3509)). __(3)52.203-15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009(jun 2010)(section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.) __(4)52.203-17, Contractor Employee Whistleblower Rights(nov 2023)(41 U.s.c. 4712); This Clause Does Not Apply To Contracts Of Dod, Nasa, The Coast Guard, Or Applicable Elements Of The Intelligence Community—see Far3.900(a). x(5)52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards(jun 2020)(pub. L. 109-282) (31u.s.c.6101note). __(6)[reserved]. __(7)52.204-14, Service Contract Reporting Requirements(oct 2016)(pub. L. 111-117, Section 743 Of Div. C). __(8)52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts(oct 2016)(pub. L. 111-117, Section 743 Of Div. C). __(9)52.204-27, Prohibition On A Bytedance Covered Application(jun 2023)(section 102 Of Division R Of Pub. L. 117-328). (10)52.204–28, Federalacquisitionsupply Chain Security Act Orders—federal Supply Schedules, Governmentwideacquisitioncontracts, And Multi-agency Contracts.(dec 2023)(pub. L. 115–390, Title Ii). __(11)(i)52.204–30, Federalacquisitionsupply Chain Security Act Orders—prohibition.(dec 2023)(pub. L. 115–390, Title Ii). __(ii)alternatei(dec 2023)of 52.204–30. x (12)52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed Fordebarment.(nov 2021)(31u.s.c.6101note). __(13)52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters(oct 2018)(41u.s.c.2313). __(14)[reserved]. __(15)52.219-3, Notice Ofhubzoneset-aside Or Sole-source Award (oct 2022) (15u.s.c.657a). __(16)52.219-4, Notice Of Price Evaluation Preference Forhubzonesmall Business Concerns (oct 2022) (if Theofferorelects To Waive The Preference, Itshallso Indicate In Itsoffer) (15u.s.c.657a). __(17)[reserved] x(18)(i)52.219-6, Notice Of Total Small Business Set-aside(nov 2020)(15u.s.c.644). __(ii)alternatei(mar 2020)of52.219-6. __(19)(i)52.219-7, Notice Of Partial Small Business Set-aside(nov 2020)(15u.s.c.644). __(ii)alternatei(mar 2020)of52.219-7. __(20)52.219-8, Utilization Of Small Business Concerns (sep 2023) (15u.s.c.637(d)(2)and (3)). __(21)(i)52.219-9, Small Business Subcontracting Plan (sep 2023) (15u.s.c.637(d)(4)). __(ii)alternatei(nov 2016)of52.219-9. __(iii)alternateii(nov 2016)of52.219-9. __(iv)alternateiii(jun 2020)of52.219-9. __(v)alternateiv (sep 2023) Of52.219-9. __(22)(i)52.219-13, Notice Of Set-aside Of Orders(mar 2020)(15u.s.c.644(r)). __(ii)alternatei(mar 2020)of52.219-13. __(23)52.219-14, Limitations On Subcontracting (oct 2022) (15u.s.c.637s). __(24)52.219-16, Liquidated Damages—subcontracting Plan(sep 2021)(15u.s.c.637(d)(4)(f)(i)). __(25)52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (oct 2022) (15u.s.c.657f). __(26)(i)52.219-28, Post Award Small Business Program Rerepresentation (sep 2023)(15u.s.c.632(a)(2)). __(ii)alternatei(mar 2020)of52.219-28. __(27)52.219-29, Notice Of Set-aside For, Or Sole-source Award To, Economically Disadvantagedwomen-owned Small Business Concerns(oct 2022) (15u.s.c.637(m)). __(28)52.219-30, Notice Of Set-aside For, Or Sole-source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (oct 2022) (15u.s.c.637(m)). __(29)52.219-32, Orders Issued Directly Under Small Business Reserves(mar 2020)(15u.s.c.644(r)). __(30)52.219-33, Nonmanufacturer Rule(sep 2021)(15u.s.c. 637(a)(17)). x(31)52.222-3, Convict Labor(jun 2003)(e.o.11755). x(32)52.222-19, Child Labor-cooperation With Authorities And Remedies(nov 2023). x(33)52.222-21, Prohibition Of Segregated Facilities(apr 2015). x(34)(i)52.222-26, Equal Opportunity(sep 2016)(e.o.11246). __(ii)alternatei(feb 1999)of52.222-26. __(35)(i)52.222-35, Equal Opportunity For Veterans(jun 2020)(38u.s.c.4212). __(ii)alternatei(jul 2014)of52.222-35. x(36)(i)52.222-36, Equal Opportunity For Workers With Disabilities(jun 2020)(29u.s.c.793). __(ii)alternatei(jul 2014)of52.222-36. __(37)52.222-37, Employment Reports On Veterans (jun 2020) (38u.s.c.4212). __(38)52.222-40, Notification Of Employee Rights Under The National Labor Relations Act(dec 2010)(e.o. 13496). x(39)(i)52.222-50, Combating Trafficking In Persons(nov 2021)(22u.s.c.chapter78and E.o. 13627). __(ii)alternatei(mar 2015)of52.222-50(22u.s.c.chapter78and E.o. 13627). __(40)52.222-54, Employment Eligibility Verification(may2022)(executive Order 12989). (not Applicable To Theacquisitionof Commercially Available Off-the-shelf Items Or Certain Other Types Ofcommercial Productsorcommercial Servicesas Prescribed In Far22.1803.) __(41)(i)52.223-9, Estimate Of Percentage Ofrecovered Materialcontent For Epa–designated Items (may2008) (42u.s.c.6962(c)(3)(a)(ii)). (not Applicable To Theacquisitionof Commercially Available Off-the-shelf Items.) __(ii)alternatei(may2008)of52.223-9(42u.s.c.6962(i)(2)(c)). (not Applicable To Theacquisitionof Commercially Available Off-the-shelf Items.) __(42)52.223-11,ozone-depleting Substancesandhigh Global Warming Potential Hydrofluorocarbons(jun 2016) (e.o. 13693). __(43)52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners(jun 2016)(e.o. 13693). __(44)(i)52.223-13,acquisitionof Epeat®-registered Imaging Equipment(jun 2014)(e.o.s 13423 And 13514). __(ii)alternatei(oct 2015)of52.223-13. __(45)(i)52.223-14,acquisitionof Epeat®-registered Televisions(jun 2014)(e.o.s 13423 And 13514). __(ii)alternatei (jun2014) Of52.223-14. __(46)52.223-15, Energy Efficiency In Energy-consumingproducts(may2020)(42u.s.c.8259b). __(47)(i)52.223-16,acquisitionof Epeat®-registered Personal Computerproducts(oct 2015)(e.o.s 13423 And 13514). __(ii)alternatei(jun 2014)of52.223-16. x(48)52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving(jun 2020)(e.o. 13513). __(49)52.223-20, Aerosols(jun 2016)(e.o. 13693). __(50)52.223-21, Foams (jun2016) (e.o. 13693). __(51)(i)52.224-3privacy Training(jan 2017)(5 U.s.c. 552 A). __(ii)alternatei(jan 2017)of52.224-3. __(52)(i)52.225-1, Buy American-supplies(oct 2022)(41u.s.c.chapter83). __(ii)alternatei(oct 2022)of52.225-1. x(53)(i)52.225-3, Buy American-free Trade Agreements-israeli Trade Act(nov 2023)(19 U.s.c. 3301 Note,19 U.s.c. 2112 Note,19 U.s.c. 3805 Note,19 U.s.c. 4001 Note, 19 U.s.c. Chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43. __(ii)alternatei [reserved]. __(iii)alternateii(dec2022)of52.225-3. __(iv)alternateiii(nov 2023)of52.225-3. __(v)alternateiv (oct 2022) Of52.225-3. __(54)52.225-5, Trade Agreements(nov 2023)(19u.s.c.2501,et Seq.,19u.s.c.3301note). x(55)52.225-13, Restrictions On Certain Foreign Purchases(feb 2021)(e.o.’s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). __(56)52.225-26, Contractors Performing Private Security Functions Outside Theunited States(oct 2016) (section 862, As Amended, Of Thenational Defenseauthorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). __(57)52.226-4, Notice Of Disaster Oremergencyarea Set-aside (nov 2007) (42u.s.c.5150). __(58)52.226-5, Restrictions On Subcontracting Outside Disaster Oremergencyarea (nov2007) (42u.s.c.5150). __(59)52.229-12, Tax On Certain Foreignprocurements(feb 2021). __(60)52.232-29, Terms For Financing Of Purchases Ofcommercial Productsandcommercial Services(nov 2021)(41u.s.c.4505,10 U.s.c. 3805). __(61)52.232-30, Installment Payments Forcommercial Productsandcommercial Services(nov 2021)(41u.s.c.4505,10 U.s.c. 3805). x(62)52.232-33, Payment Byelectronic Funds Transfer-system For Award Management(oct2018)(31u.s.c.3332). __(63)52.232-34, Payment Byelectronic Funds Transfer-other Thansystem For Award Management(jul 2013) (31u.s.c.3332). __(64)52.232-36, Payment By Third Party(may2014)(31u.s.c.3332). __(65)52.239-1, Privacy Or Security Safeguards(aug 1996)(5u.s.c.552a). __(66)52.242-5, Payments Tosmall Business Subcontractors(jan 2017)(15u.s.c.637(d)(13)). __(67)(i)52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels(nov 2021)(46 U.s.c. 55305and10u.s.c.2631). __(ii)alternatei(apr 2003)of52.247-64. __(iii)alternateii(nov 2021)of52.247-64. (c)the Contractorshallcomply With The Far Clauses In This Paragraph (c), Applicable Tocommercial Services, That Thecontracting Officerhas Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable Toacquisitionsofcommercial Productsandcommercial Services: (contracting Officercheck As Appropriate.] x(1)52.222-41, Service Contract Labor Standards(aug 2018)(41u.s.c.chapter67). x(2)52.222-42, Statement Of Equivalent Rates For Federal Hires(may2014)(29u.s.c.206and41u.s.c.chapter67). __(3)52.222-43, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (multiple Year Andoptioncontracts)(aug 2018)(29u.s.c.206and41u.s.c.chapter67). __(4)52.222-44, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (may2014) (29u.s.c.206and41u.s.c.chapter67). __(5)52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may2014) (41u.s.c.chapter67). __(6)52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements(may2014)(41u.s.c.chapter67). __(7)52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026(jan 2022). __(8)52.222-62, Paid Sick Leave Under Executive Order 13706(jan 2022)(e.o. 13706). __(9)52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42u.s.c.1792). (d)comptroller General Examination Of Record. The Contractorshallcomply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of Thesimplified Acquisition Threshold, As Defined In Far2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At52.215-2, Audit And Records-negotiation. (1)the Comptroller General Of Theunited States, Or An Authorized Representative Of The Comptroller General,shallhave Access To And Right To Examine Any Of The Contractor’s Directly Pertinent Records Involving Transactions Related To This Contract. (2)the Contractorshallmake Available At Its Offices At All Reasonable Times The Records, Materials, And Other Evidence For Examination, Audit, Or Reproduction, Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminatedshallbe Made Available For 3 Years After Any Resulting Final Termination Settlement. Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Ofclaimsarising Under Or Relating To This Contractshallbe Made Available Until Such Appeals, Litigation, Orclaimsare Finally Resolved. (3)as Used In This Clause, Records Include Books, Documents, Accounting Procedures And Practices, And Other Data, Regardless Of Type And Regardless Of Form. This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law. (e) (1)notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1), In A Subcontract Forcommercial Productsor Commercial Services. Unless O (i)52.203-13, Contractor Code Of Business Ethics And Conduct(nov 2021)(41u.s.c.3509). (ii)52.203-17, Contractor Employee Whistleblower Rights(nov 2023)(41 U.s.c. 4712). (iii)52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (iv)52.204-23, Prohibition Oncontractingfor Hardware, Software, And Services Developed Or Provided By Kasperskylab Covered Entities(dec 2023)(section 1634 Of Pub. L. 115-91). (v)52.204-25, Prohibition Oncontractingfor Certain Telecommunications And Video Surveillance Services Or Equipment.(nov 2021)(section 889(a)(1)(a) Of Pub. L. 115-232). (vi)52.204-27, Prohibition On A Bytedance Covered Application(jun 2023)(section 102 Of Division R Of Pub. L. 117-328). (vii)(a)52.204–30, Federalacquisitionsupply Chain Security Act Orders—prohibition.(dec 2023)(pub. L. 115–390, Title Ii). (b)alternatei(dec 2023)of 52.204–30. (viii)52.219-8, Utilization Of Small Business Concerns (sep 2023) (15u.s.c.637(d)(2)and (3)), In All Subcontracts Thatofferfurther Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far19.702(a) On The Date Of Subcontract Award, The Subcontractormustinclude52.219-8in Lower Tier Subcontracts Thatoffersubcontracting Opportunities. (ix)52.222-21, Prohibition Of Segregated Facilities(apr 2015). (x)52.222-26, Equal Opportunity(sep 2015)(e.o.11246). (xi)52.222-35, Equal Opportunity For Veterans(jun 2020)(38u.s.c.4212). (xii)52.222-36, Equal Opportunity For Workers With Disabilities(jun 2020)(29u.s.c.793). (xiii)52.222-37, Employment Reports On Veterans(jun 2020)(38u.s.c.4212). (xiv)52.222-40, Notification Of Employee Rights Under The National Labor Relations Act(dec 2010)(e.o. 13496). Flow Down Required In Accordance With Paragraph (f) Of Far Clause52.222-40. (xv)52.222-41, Service Contract Labor Standards(aug 2018)(41u.s.c.chapter67). (xvi)(a)52.222-50, Combating Trafficking In Persons(nov 2021)(22u.s.c.chapter78and E.o 13627). (b)alternatei(mar 2015)of52.222-50(22u.s.c.chapter78ande.o.13627). (xvii)52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may2014) (41u.s.c.chapter67). (xviii)52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements(may2014)(41u.s.c.chapter67). (xix)52.222-54, Employment Eligibility Verification(may2022)(e.o. 12989). (xx)52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026(jan 2022). (xxi)52.222-62, Paid Sick Leave Under Executive Order 13706(jan 2022)(e.o. 13706). (xxii)(a)52.224-3, Privacy Training (jan 2017) (5u.s.c.552a). (b)alternatei(jan 2017)of52.224-3. (xxiii)52.225-26, Contractors Performing Private Security Functions Outside Theunited States(oct 2016)(section 862, As Amended, Of Thenational Defenseauthorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). (xxiv)52.226-6, Promoting Excess Food Donation To Nonprofit Organizations(jun 2020)(42u.s.c.1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause52.226-6. (xxv)52.232-40, Providing Accelerated Payments Tosmall Business Subcontractors(mar 2023) (31 U.s.c. 3903and10 U.s.c. 3801). Flow Down Required In Accordance With Paragraph (c) Of52.232-40. (xxvi)52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels(nov 2021)(46 U.s.c. 55305and10u.s.c.2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause52.247-64. (2)while Not Required, The Contractormayinclude In Its Subcontracts Forcommercial Productsandcommercial Servicesa Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. 14. Electronic Submission Of Payment Requests (a) Definitions. As Used In These Instructions - (1) “payment Request” Means A Bill, Voucher, Invoice, Or Request For Contract Financing Payment With Associated Supporting Documentation. The Payment Request Must: Comply With The Requirements Identified In Far 32.905(b), “content Of Invoices” And The Applicable Payment Clause Included In This Contract. In Addition, Discount Offerings And Small Business Status If Available Shall Be Stated. If Travel Was Allowable And Approved, Components In Accordance With Far 31.205-46 Shall Be Provided. (b) The Contractor Shall Submit Payment Requests Electronically Using The Invoice Processing Platform (ipp). The Contractor Will Submit Payment Requests Using The Blank Form In Ipp. (c) Information Regarding Ipp, Including Ipp Customer Support Contact Information, Is Available At Www.ipp.gov Or Any Successor Site. (d) Ipp Enrollment Information Is At Https://www.uscg.mil/fincen/ipp/. additional Clauses hsar 3052.212-70contract Terms And Conditions Applicable To Dhs Acquisition Of Commercial Items. as Prescribed In (hsar) 48 Cfr 3012.301, Insert The Following Clause: contract Terms And Conditions Applicable To Dhs Acquisition Of Commercial Items (sep 2012) the Contractor Agrees To Comply With Any Provision Or Clause That Is Incorporated Herein By Reference To Implement Agency Policy Applicable To Acquisition Of Commercial Items Or Components. The Provision Or Clause In Effect Based On The Applicable Regulation Cited On The Date The Solicitation Is Issued Applies Unless Otherwise Stated Herein. The Following Provisions And Clauses Are Incorporated By Reference: [the Contracting Officer Should Either Check The Provisions And Clauses That Apply Or Delete The Provisions And Clauses That Do Not Apply From The List. The Contracting Officer May Add The Date Of The Provision Or Clause If Desired For Clarity.] (a)provisions. x 3052.247-72 F.o.b. Destination Only. (end Of Clause) 15. Defense Priorities And Allocations System (dpas) Ratings Are Not Applicable. 16. Quotes Are Due Not Later Than Jan 21, 2025, By 10:00 Am Eastern Daylight Savings Time (dst). 17. All Questions Regarding This Notice Shall Be Submitted In Writing To Yvette.r.johnson@uscg.mil. overhaul Description for Official Use Only item Name Pump,centrifugal stock Number 4320-01-122-3852 part Number D1161-6x4x6 used On Wmec 270 Class items As Received By The Contractor Must Be Complete And Of the Proper Cited Part Number. Discrepancies Shall Be Reported To the Coast Guard Contracting Officer. overhaul Requirements: descriptive Specification Data: pump Serial Nrs Y671191 - Y671191g And Y724155 - Y724155q; Verticle Style pump; 6 Inch Suction Qty One; 4 Inch Discharge Qty One; Max Discharge flowrate 900 Gpm; Intake / Discharge Connection Type Round Flange; Total Head 90 Ft; 3550 Rpm Auxilary Saltwater Cooling (u/w Asw Pump). consolidated List Of References the Below-listed Documents Form A Part Of This Specification To The Extent specified Herein. Approval / Publication Dates Or Revision Dates / Numbers are Also Identified, To Ensure That Same Document Versions Are Used At Time of Specification Writing And During Contract Execution. all Coast Guard Drawings, Technical Publications, And Standard Specifications will Be Provided To Contractors By The Coast Guard At An Appropriate Time, Or upon Request, Free Of Charge. Other Government Documents May Be Accessed - free Of Charge - As Follows: mil/dod/cid Specifications: http://www.assistdocs.com/search/search_basic.cfm commandant Instruction Manuals: Http://www.uscg.mil/directives/default.asp public Laws, Code Of Federal Regulations, U.s Codes, And Other Federal government Laws:: Www.gpoaccess.gov the Government Is Aware Of The Following Internet Web Links Where Contractors may Procure Commercial Specifications: american Welding Society (aws): Http://www.awspubs.com/index.php ansi, Astm, Ieeee, Nfpa, Asme, Sae Standards: Http://www.techstreet.com/ nfpa: Http://www.nfpa.org sspc Standards And Pictorial Guides: http://shopping.netsuite.com/sspcmarketplace coast Guard Drawings: not Applicable. coast Guard Publications: coast Guard Technical Manual (tm) 2700, Swbs 256 A, Auxiliary Salt Water cooling Pump. (work Item 1). surface Forces Logistics Center Specification D-000-0100 Rev G, Change 1 dated 03/06/2006, Bar Coding For Uscg Surface Forces Logistics Center material. other References: sae Standard, general Requirements 1. Scope 1.1 Intent: This Section Describes The Requirements Which The Contractor shall Follow Applicable To All Pumps Inducted For Overhaul Under This contract. Additional Specific Requirements Applicable To A Designated Model / Unit Are Addressed In The Applicable Individual Work Items (wi) Within This specification Package. These General Requirements In Conjunction With The applicable Wi Make Up The Overall Contractor Repair / Overhaul Requirements for Each Pump. 2. References coast Guard Drawings none coast Guard Publications surface Forces Logistics Center Specification D-000-0100 Rev G Dated 06/2006, bar Coding For Uscg Surface Forces Logistics Center Material. other References code Of Federal Regulations (cfr), Title 40, Chapter I, 2008, Environmental protection Agency. national Conference Of Standards Laboratories (ncsl) Z540-3-2006, Dated 2006, requirement For The Calibration Of Measuring And Test Equipment. mil-prf-81309f Dated 05/16/2005, Type 2, Class 1 Or 2, Corrosion Preventive compounds, Water Displacing, Ultra-thin Film. mil-d-3464e Dated 04/1987- Desiccants, Activated, Bagged, Packaging Use And static Dehumidification. mil-prf-131k Type 1, Dated 28 Aug 1998- Barrier Materials, Water Vapor proof, Greaseproof, Flexible, Heat Sealable. astm International (astm) D3951, Reapproved 2004, Standard Practice For 3.3 Billable Costs: The Contractor Shall Provide All Labor And Materials To perform The Overhaul Services As Described In The Wi For Each Pump. 3.4 Inspections: 3.4.1 Receiving Inspection: The Contractor Shall Immediately Notify The coast Guard Contracting Officer (cg Ko) If The Make, Part Number, Model and/or Inlet/outlet Size Delivered For Overhaul Do Not Conform To The Pump cited. A Government Furnished Property Discrepancy Report Shall Be Submitted to The Cg Ko Within 10 Business Days. 3.4.2 Preliminary Inspection: The Contractor Shall Conduct A Preliminary disassembly And Inspection Of The Pump/pump Unit And Its Shipping Container in Accordance With Pump/pump Unit Oem Procedures, Specifications, References, and Standard Practices Addressed In Each Wi. A Condition Found Report (cfr) shall Be Submitted Within Three Days Of The Completion Of The Inspection pump/pump Unit Inducted For Overhaul. 3.4.3 Condition Found Report: The Cfr Shall Provide A Detailed Cost estimate And Lead Time For Any Additional Work And Replacement Parts That Are determined To Be Required Beyond The Scope Of This Specification And The standard Practice For Overhaul As Detailed In The Manufacturer's Technical manual. The Contractor Shall Provide The Pump Replacement Cost And Lead Time for Comparison To The Overhaul Cost. The Cg Ko Will Make The Determinations as To The Disposition Of Any Pump Delivered For Overhaul To Be Beyond economical Repair (ber). 3.4.4 Beyond Economical Repair: If The Pump Is Ber, The Government reserves The Right To Dispose Of The Pump/pump Unit. 3.5 Photo Documentation: The Contractor Shall Provide Digital Photo documentation To The Contracting Officer As Follows: a. During Initial Opening Of The Pump After Receipt, Including The Shipping container b. When Significant Findings That Will Affect Cost Of Repair/overhaul At Time they Are Discovered c. When Other Significant Or Unusual Findings Such As Failed Parts Or Damages are Discovered d. When The Pump Is Tested To Document Configuration e. When The Pump Is Prepared For Shipment To Document "as Shipped" configuration To Include Images Of The Preservation, Package And Marking (pp&m) f. The Photo Documentation Shall Be Color Digital And Shall Be Sent To The Cg ko And The Coast Guard Contracting Officer's Representative (cor) Via Email. 3.6 Status Report: The Contractor Shall Submit A Monthly Status Report On An excel Spreadsheet Via Email To The Cg Ko And The Cor. All Pumps Shall Be listed With The Current Repair Status. The Excel Spreadsheet Shall Contain the Following Column Headings. a. Delivery Order Number b. Work Item Number c. Part Number d. Serial Number e. National Stock Number (nsn) f. Date Pump Received g. Date Pump Detailed Cost Estimate Sent (section 3.3.2. Of This h. Date Material Ordered. i. Date Material Received. j. Date Of Quality Assurance Final Inspection k. Date Pump Shipped l. Comments/remarks 3.7 Quality Assurance: The Contractor Shall Maintain An Inspection System per American Society For Quality (asq) Q90001-2008 Which Shall Insure That each Item Offered To The Coast Guard For Acceptance Or Approval Conforms To the Contract Requirements. The Inspection System Shall Be Documented And available For Review By The Coast Guard. 3.8 Records: The Contractor Shall Maintain Records Of All Inspections And tests. The Records, At A Minimum, Shall Indicate The Nature And Number Of observations Made, The Number And Type Of Deficiencies Found, And The corrective Action Taken. 3.9 Calibration System: The Contractor, As Well As Any Sub-contractors, shall Be Required To Maintain A Measuring And Test Equipment Calibration program In Compliance With The National Conference Of Standards Laboratories (ncsl) Z540-3. The Program Shall Be Documented And Traceable To The National institute Of Standards (nist). 3.10 Responsibility For Inspection: The Contractor Shall Be Responsible For the Performance Of All Inspection Requirements Specified Herein. The contractor Shall Provide Space, Personnel, And Test Equipment To Conduct All required Inspections. All Inspection And Testing Shall Be Performed At The contractor's Plant Or At Other Facilities Acceptable To The Coast Guard. The coast Guard Reserves The Right To Verify Or Have Performed Any Of The inspections Or Tests That Are Deemed Necessary To Assure That Supplies And services Conform To The Prescribed Requirements. It Is The Coast Guard's intent For The Coast Guard Quality Assurance Representative (qar) To Have The discretion To Witness And Or Verify Inspections And Tests Of All Pumps overhauled By The Contractor. Any Inspection Scheduling Issues That May occur That Would Impede Progress May Only Be Waived By The Cg Ko. 3.11 Responsibility For Compliance: The Contractor Shall Meet The Provisions of Section 3 Of This Specification. The Inspections Set Forth In This specification Shall Become Part Of The Contractor's Overall Inspection System and Quality Program. The Absence Of Any Inspection Requirements In The specification Shall Not Relieve The Contractor Of The Responsibility Of assuring That All Products Or Supplies Submitted To The Government For acceptance Comply With All Requirements Of The Contract. Sampling For quality Conformance Does Not Authorize Submission Of Known Defective Material (either Indicated Or Actual) Nor Does It Commit The Government To Acceptance of Defective Material. 3.12 Quality 3.7 Quality Assurance: The Contractor Shall Maintain An Inspection System per American Society For Quality (asq) Q90001-2008 Which Shall Insure That each Item Offered To The Coast Guard For Acceptance Or Approval Conforms To the Contract Requirements. The Inspection System Shall Be Documented And available For Review By The Coast Guard. 3.8 Records: The Contractor Shall Maintain Records Of All Inspections And tests. The Records, At A Minimum, Shall Indicate The Nature And Number Of observations Made, The Number And Type Of Deficiencies Found, And The corrective Action Taken. 3.9 Calibration System: The Contractor, As Well As Any Sub-contractors, shall Be Required To Maintain A Measuring And Test Equipment Calibration program In Compliance With The National Conference Of Standards Laboratories (ncsl) Z540-3. The Program Shall Be Documented And Traceable To The National institute Of Standards (nist). 3.10 Responsibility For Inspection: The Contractor Shall Be Responsible For the Performance Of All Inspection Requirements Specified Herein. The contractor Shall Provide Space, Personnel, And Test Equipment To Conduct All required Inspections. All Inspection And Testing Shall Be Performed At The contractor's Plant Or At Other Facilities Acceptable To The Coast Guard. The coast Guard Reserves The Right To Verify Or Have Performed Any Of The inspections Or Tests That Are Deemed Necessary To Assure That Supplies And services Conform To The Prescribed Requirements. It Is The Coast Guard's intent For The Coast Guard Quality Assurance Representative (qar) To Have The discretion To Witness And Or Verify Inspections And Tests Of All Pumps overhauled By The Contractor. Any Inspection Scheduling Issues That May occur That Would Impede Progress May Only Be Waived By The Cg Ko. 3.11 Responsibility For Compliance: The Contractor Shall Meet The Provisions of Section 3 Of This Specification. The Inspections Set Forth In This specification Shall Become Part Of The Contractor's Overall Inspection System and Quality Program. The Absence Of Any Inspection Requirements In The specification Shall Not Relieve The Contractor Of The Responsibility Of assuring That All Products Or Supplies Submitted To The Government For acceptance Comply With All Requirements Of The Contract. Sampling For quality Conformance Does Not Authorize Submission Of Known Defective Material

Details: Amendment 0004: amendment 0004 Is Issued To Extend The Sf 330 Submission Date Regarding N0016425r1025. amendment 0003: amendment 0003 Is Issued To Provide Answers To Industry Questions Received Thus Far Regarding N0016425r1025. amendment 0002: amendment 0002 Is Issued To Provide Answers To Industry Questions Received Thus Far Regarding N0016425r1025. amendment 0001: amendment 0001 Is Issued To Provide Answers To Industry Questions Received Thus Far Regarding N0016425r1025. original Posting: n0016425r1025 Indefinite Delivery/indefinite Quantity (idiq) Contract For Multi‐ Discipline Architect‐engineer (a‐e) Services In Support Of Naval Surface Warfare Center Crane Division (nswc Crane) Facilities Projects At Naval Support Activitys Crane (nsa Crane), Crane, Indiana And Lake Glendora Test Facility (lgtf), Sullivan In. description: All Information Needed For Interested Parties To Submit A Standard Form Sf 330, Architect Engineer Qualifications Is Contained Herein. There Is No Separate Request For Proposals (rfp) Package To Download. related Notices: N0016422snb83, N0016424snb55, N0016424r1025, N0016424snc12, N0016425snb08 background: the Naval Surface Warfare Center Crane Division (nswc Crane) Requires A-e Services In Support Of Various Projects At Nsa Crane And Lgtf. This Procurement Will Result In One Single-award Idiq Contract For Multi‐discipline A‐e Services For Planning, Design, Construction, Evaluation Of New Construction, And Renovation Projects. These Services Will Be Procured In Accordance With 40 United States Code (usc) Chapter 11, Selection Of Architects And Engineers, As Implemented By Federal Acquisition Regulation (far) Subpart 36.6. The Idiq Contract Will Be For A Five-year Ordering Period. This Is A Five-year Contract, With No Option Years. The Maximum Value For The Contract Term, Including All Awards, Shall Not Exceed $12,000,000. There Will Be No Minimum Dollar Limit Per Order And The Maximum Dollar Limit Per Order Will Be $5m In Compliance With The $9m Fy24 Ndaa Prescription. The Guaranteed Minimum For The Contract Ordering Period Is $5,000 And Will Be Satisfied By Simultaneous Award Of The Initial Task Order With The Basic Contract. Firm‐fixed Price Task Orders Will Be Negotiated At The Task Order Level. In Accordance With Dfars Subpart 236.6, The Contract Price Or The Estimated Cost And Fee For Production And Delivery Of Designs, Plans, Drawings, And Specifications Shall Not Exceed Ten (10) Percent Of The Estimated Construction Cost Of The Public Work Or Construction, Excluding Fees. there Will Be No Minimum Dollar Limits Per Task Order. The Estimated Award Date Is October 2025. this Proposed Contract Is Anticipated To Be A Full And Open Procurement. The North American Industry Classification System (naics) Code Is 541330, Engineering Services, And The Small Business Size Standard Is $25,500,000. The Product And Services Code (psc) Is C219 Architect And Engineering- General: Structural Engineering. The Government Seeks The Most Highly Qualified Firm To Perform The Required Services, Based On The Demonstrated Competence And Qualifications, In Accordance With The Selection Criteria Included Herein. comprehensive A‐e Services Are Required For The New Construction, Repair, Replacement, Demolition, Alteration, And/or Improvement Of Facility Projects. Projects May Include Single Or Multiple Disciplines, Such As: Structural, Civil, Mechanical, Electrical, Architectural, Planning, Environmental, Fire Protection, Cost Estimating, And/or Geotechnical. The Types Of Projects May Include: Building Renovations; Building Additions; Site Work Required To Support New Work; New Construction; Parking Areas; Foundations; Retaining Walls; Failure Investigation Including Destructive And Non‐destructive Testing; Seismic Evaluation And Design; Progressive Collapse Analysis; Blast Resistant Design; Structural Engineering Investigations; Utility Systems Including sanitary And Storm; Water Systems; Electrical Power Systems, Storm Water Management; Surveying; Pavement Design; And Civil Engineering Studies. the Selected Offeror Will Be Solely Responsible For The Designs Produced On The Resulting Task Order Contracts And Will Be Recorded As The Designer Of Record. The Successful Offeror Shall Also Be Accountable And Responsible For Contributions To Design-build Rfp Preparation And All Other Requirement Submittals To The Government. in Accordance With Far 36.604 And The Supplements Thereto, And Upon Final Acceptance Or Termination, All Task Orders Above $35,000 Will Receive A Performance Evaluation. A Performance Evaluation May Be Prepared For Lesser Task Orders And Interim Performance Evaluations May Be Prepared At Any Time. Performance Evaluations Will Be Maintained For Use In Future Source Selections For Architect-engineer Services. performance Location(s): crane, Indiana sullivan, Indiana requirements: for Complete Details On This Requirement See Attachment 1, “statement Of Work (sow).” Specific Types Of A‐e Services That May Be Required Under This Contract Include: facility Planning And Project Development: Services May Include Work Such As The Following: Prepare Master Plans, Project/site Plans For Proposed Facility/infrastructure Projects. Facility Planning May Be Requested For Renovation, Addition, Repair And New Construction Projects. development Of Design‐bid‐build (dbb) Packages: Services May Include Preparation Of Drawings And Specifications For Renovation, Addition, Repair Or New Construction Projects. Design Meetings With The Government May Be Required In Order To Agree On Design Solution(s) That Meet The Government’s Project Requirements. Electronic Document Delivery Details Will Be Specified At The Order Level. Electronic Delivery Shall Include Both .pdf And .dwg Formats. development Of Design‐build (db) Request For Proposal (rfp) Packages: Services May Include Working With A Construction Manager As Part Of A Design-build Team To Prepare Drawings And Specifications For Renovation, Additions, Repair Or New Construction Projects. Design Meetings With The Government May Be Required In Order To Agree On Design-build Solution(s) That Meet The Government’s Project Requirements. Electronic Document Delivery Details Will Be Specified At The Order Level. Electronic Delivery Shall Be Include Both .pdf And .dwg Formats. preparation Of Cost Estimates Using Unit Guidance, Parametric Methodologies, And Detailed Cost Estimating: Services May Include Preparing Cost Estimates To Include Rough Order Of Magnitude Through Construction Working Estimates For Renovation, Addition, Repair And/or New Construction Projects Based On Prepared Design Documents, As Called Out In The Task Order. development Of Alternatives And Economic Analysis: Service May Include Providing Alternate Design Solutions And Associated Economic Impacts For Renovation, Addition, Repair Or New Construction Projects. condition Assessment: Services May Include Performing Studies Of Existing Buildings And/or Components Of Buildings To Validate Existing Conditions That May Then Be Used To Inform Future Proposed Design Solutions. Site Visits May Be Required To Document Existing Facility/infrastructure Conditions. field Investigations (including Utility And Geotechnical): Services May Include Conducting Field Surveys/investigations Of Existing Sites, Buildings Or Specific Components Of A Building (i.e., Hvac Or Electrical Systems) In Order To Document Current Status Of A Facility’s Infrastructure. The Results Of Any Field Investigations May Then Be Used To Assist With The Preparation Of Design Documents For A Particular Project. surveying And Mapping: Services May Include Surveying And/or Mapping Of Existing Or Proposed Sites For A New Construction Project Or Building Addition. Survey Work May Be Required In Order To Document Existing Site Conditions To Support Site/civil Design Solutions. preparation Of Engineering Evaluations: Services May Include Performing Engineering Calculations To Support Civil, Mechanical, Electrical, Plumbing Or Fire Protection Design Solutions. incorporation Of Sustainable Engineering Design Practices: Services May Include Incorporation Of Design Principles For Renovation, Addition, Repair And/or New Construction Projects To Support Sustainable Design Solutions And/or Leadership In Energy And Environmental Design (leed) Certification. consultations: Services May Include Collaborating With Other Specialty Design Professionals To Offer And Propose Design Solutions Required To Respond To Unique Project Requirements. energy Computations: Services May Include Preparation Of Energy Calculations To Verify Proposed Design Solutions Comply With Required Building Codes, Federal, State And/or Local Energy Requirements. geotechnical Investigations: Services May Include Conducting Soil Boring Testing In Order To Identify Minimum Design Requirements For New Construction Projects Or Building Additions. obtaining Permits And Regulatory Approvals: Services May Include Submitting Design Documents To Local, State And/or Federal Jurisdictions For Review And Approval Prior To Proceeding With Renovation/construction Work. environmental Investigation And Consultation: Services May Include Providing Design Services Required To Meet Environmental/epa Regulations On Facility/infrastructure Projects And Providing Consultation(s)/collaboration With The Government To Discuss Acceptable Environmental Design Alternatives And Solutions. review Of Construction Contractor Submittals: Services May Include Review Of Project Submittals (such As Product Data Or Product Samples) In Order To Validate Proposed Materials/products Comply With Design Drawings And/or Specifications. field Consultation And Inspection During Construction: Services May Include Responding To Contractor Requests For Information (rfis) During Construction In Order To Address Design Questions That May Arise During Construction/renovation Projects. commissioning: Services May Include Supporting The Commissioning Process By Attending Commissioning Meetings In Order To Validate Engineered Design Solutions Are Incorporated Into The Project In Accordance With Design Specifications. operation And Maintenance Support Information (omsi): Services May Include Providing The Government With O&m Documentation And Training, Where Applicable, Based On The Final Design Solution And Construction. Electronic Document Delivery Details Shall Be Included With Each Order. Electronic Delivery Shall Include Both .pdf And .dwg Formats. as‐built Drawing Preparation: Services May Include Updating Design Documents Including Drawings And Specifications To Accurately Reflect Construction Field Changes And Document Final As-built Construction/renovation Projects. Electronic Document Delivery Details Shall Be Included With Each Order. Electronic Delivery Shall Include Both .pdf And .dwg Formats functional Analysis Concept Development (facd)/design Charrette/other Design And Construction Related Workshops And Meetings: Contractor Shall Attend Design Meetings To Collaborate With Government Representatives To Consider Design Options And Build Consensus Regarding Preferred Design Solution(s). Contractor Shall Provide Meeting Minutes (cdrl A005). document Deliverable Requirements: cdrl did Number did Title did Description/scope deliverable Schedule a001 di-misc-80508b technical Report - Study/services studies And Specifications at Milestone/ Asreq a002 di-fncl-81116 Not 2 manhour Estimate, Technical Cost Proposals manpower And Cost Estimate To Implement The Statement Of Work (sow) at Milestone a003 di-mgmt-80061a Not 2 engineering And Technical Services Accomplishment Report production Report weekly a004 di-misc-81274 Not 2 environmental Permits outlines Submittal Procedures To Be Applied To All Permits asreq a005 di-admn-81250c meeting Minutes meeting Minutes 2 Days After Meeting a006 di-mgmt-81597 personnel Resumes contractor’s Personnel Roster With Relevant Qualifications And Certifications post Award Kickoff a007 di-mgmt-80507 project Planning Chart schedule post Award Kick Off a008 di-admn-81249c meeting Agenda meeting Agenda 1 Day Before Meeting a009 di-facr-82278 installation Design Package designs And Drawings asreq other Special Considerations: as Defined By Paragraph 1‐5 Of United Facilities Criteria (ufc) 3‐ 600‐01, Fire Protection Engineering For Facilities, This Contract Requires The Services Of A Licensed Fire Protection Engineer Or Consultant. asbestos And/or Lead‐based Paint Assessments May Be Required On This Contract To Determine The Presence Of Hazardous Material During Removals/demolition Or At Utility Points Of Connections. Work On And Around Waterfront Structures, Including Under Deck And Underwater, And Work In Confined Spaces May Be Required On This Contract. A‐e Firms Must Be Able To Accept Work That Involves Asbestos, Lead Paint, Poly‐chlorinated Biphenyls (pcbs), And Other Hazardous Materials, Work On And Under Waterfront Structures, And In Confined Spaces. all Engineering And Design Services Shall Comply With The Most Current Edition Of Facilities Criteria (fc) 1‐300‐09n Design Procedures, And Other Requirements As Indicated On The Whole Building Design Guide (wbdg) Web Site (www.wbdg.org). The Selected A-e Contractor Shall Have Online Access To Web‐based Support Programs Capable Of Creating Auto-cad Documents For Government Review, And Email Via The Internet For Routine Exchange Of Correspondence. The Selected A-e Contractor Shall Submit And Maintain An A‐e Accident Prevention Plan (app) In Accordance With U.s. Army Corp Of Engineers (usace) Em 385‐1‐1 For Each Project On This Contract And Activity Hazard Analysis (aha) For Each In‐field Action. Key Personnel, Including Consultants, Must Be U.s. Citizens. a‐e Firms Are Advised That The Selected Firm, Its Subsidiaries Or Affiliates, And Its Consultants Which Design, Prepare, Or Provide Engineering Services In Support Of Construction Contract Documents Cannot Provide Construction Services For The Same Contract. This Includes Concept Design, Preparation Of Project Programming Documents (dd Form 1391), Facility Siting Studies, Environmental Assessments, Geotechnical Services, Engineering Studies And Services, Design‐build Request For Proposals (rfps), Or Other Activities That Result In Identification Of Project Scope And Cost. The Awarded Contract Will Be Subject To Specific Provisions Addressing The Avoidance Of Organizational Conflicts Of Interest, Including H-209-h003, Required Disclosure Of Organizational Conflict Of Interest (navsea) (nov 2022). The Prime Firm For This Contract Will Be Required To Perform Throughout The Contract Term. in Accordance With Far 19.702, Each Solicitation Of Offers To Perform A Contract That Is Expected To Exceed $750,000 ($1.5 Million For Construction) And That Has Subcontracting Possibilities, Shall Require The Apparently Successful Offeror To Submit An Acceptable Small Business Subcontracting Plan. If The Apparently Successful Offeror Fails To Negotiate A Subcontracting Plan Acceptable To The Contracting Officer Within The Time Limit Prescribed By The Contracting Officer, The Offeror Will Be Ineligible For Award. submission Requirements: submission Requirements - Sf 330 Part I typed, 12 Point Times New Roman, Shall Not Exceed 100 Single‐sided 8.5 By 11 Inch Pages criterion criterion Title criterion Requirements criterion 1 specialized Experience sf 330, Part I, Section F - Minimum Of Three (3) And Maximum Of Five (5) Projects Completed (project Completion To Be Defined As Receiving Final Design Acceptance From Client) Within The Past Seven (7) Years criterion 2 professional Qualifications And Technical Competence sf 330, Part I, Section E – Resumes For All Proposed Key Personnel That Illustrate Experience In The Type Of Work Proposed Under This Contract. Resumes Are Limited To Three Pages And Should Indicate: Professional Registration, Certification, Licensure And/or Accreditation In Appropriate Disciplines; Cite Recent (within The Past 10 Years) Project‐specific Experience In Work Relevant To The Services Required Under This Contract; And Indicate Proposed Role In This Contract. Indicate Participation Of Key Personnel In Example Projects In The Sf 330, Part I, Section G. criterion 3 past Performance submit A Completed Cpars/acass/ppq Evaluation For Each Project Under Criterion 1 criterion 4 quality Control describe The Quality Control Program That Will Be Utilized For All Deliverables Of This Contract And The Management Approach For Quality Control Processes And Procedures. criterion 5 program Management And Capacity 1. Provide An Organizational Chart For The Team And Discuss The Management Plan For This Contract And Personnel Roles In The Organization. Include Small Business Participation Specifics. 2. Describe The Firm’s Present Workload And The Availability Of The Project Team (including Consultants) For The Specified Contract Performance Period. 3. Describe The Firm’s Ability To Sustain The Loss Of Key Personnel While Accomplishing Work Within Required Time Limits, To Ensure Continuity Of Services And Ability To Meet Surges In Unexpected Project Demands And Ability To Adhere To Schedules And Budgets. criterion 6 knowledge Of General Geographic Area 1. Indicate Location Of The Office(s) That Will Be Performing The Work, Including Main Offices, Branch Offices, And Offices Of Team Members. 2. Provide A Narrative Describing The Team’s Knowledge And Previous Experience Of The Primary Geographic Areas To Be Covered By This Contract. 3. Provide A Narrative To Describe The Team’s Ability To Provide Timely Response To Requests For On‐site Support. criterion 7 volume Of Work firms Shall Not Submit Data For This Factor. a‐e Firms Desiring To Be Considered For This Contract Shall Submit A Completed Sf 330 Package By Dod Safe To The Contracting Officer And The Contract Specialist. The Sf 330 Shall Be Typed, 12 Point Times New Roman. Part I Shall Not Exceed 100 Single‐sided 8.5 By 11 Inch Pages (the 100 Page Limit Does Not Include The First Eight (8) Instructional Pages Of The Sf 330, Individual Subcontracting Reports (isrs), The Small Business Subcontracting Plan Or Certificates/licenses, Nor Does The Page Limit Include Cover Sheets Or Dividers, Provided That These Do Not Contain Any Substantive Information Submitted In Response To The Synopsis Or Intended To Demonstrate The Qualifications Of The Firm). Part I Pages Shall Be Numbered Sequentially. Introductions Shall Be Included In Sections E And F. A-e Firm Submissions Shall Include Its Unique Entity Identifier (uei), Commercial And Government Entity (cage), And Taxpayer Identification Number (tin) Numbers In Block 30 Of The Sf 330. submissions To This Proposal Announcement Must Be Submitted Electronically Through Dod Safe. No Paper Copies, Email, Cd-roms Or Facsimile Submissions Will Be Accepted. Electronic Proposal Submission Is Required Through The Army’s Electronic File Sharing Service, Dod Safe (https://safe.apps.mil). The Dod Safe Application Is Used To Send Large Files To Individuals That Would Normally Be Too Large To Send Via Email. There Are No User Accounts For Dod Safe. Authentication Is Handled Via Email. anyone Has Access To Dod Safe And The Application Is Available For Use By Anyone. The Dod Safe “getting Started Guide” Has Information On How To Utilize The System (https://safe.apps.mil/about.php). Instructions For Uploading Are As Follows: send An Email To The Contracting Officer And Contract Specialist To Receive The Link To Drop Off Your Proposal. This Will Need To Be Completed Five (5) Business Days Prior To The Proposal Due Date. contract Specialist, Aaron Hohl, Aaron.m.hohl.civ@us.navy.mil contracting Officer, Jared Myers, Jared.s.myers3.civ@us.navy.mil . you Will Receive An Email With The Link To Submit Your Drop Off. The Link Will Be Provided No Later Than Two (2) Business Days Prior To The Proposal Due Date. short Note To The Recipients: Click The Add Files Or Drag And Drop Your Files. For File Description, Enter N0016425r1025-firmname. click Upload Button To Send Documents. guest Users Will Need To Check Their Email To Verify Their Email Address Before The Recipients Will Be Notified. (government-issued Common Access Cards (cacs) Are Not Required). file Size Limitations: Offerors Are Advised To Follow The Dod Safe Instruction For Uploading Files. Dod Safe Supports Delivery Up To 8gb. If Needed, Offerors Are Advised To Break The Files Down To Smaller Sections In Order To Upload It To The System. In Such Cases, Please Divide The Sections As Logically As Possible And Be Sure To Clearly Name The Files As Specified Below. file Naming Convention: To Ensure Your Submission Is Received And Processed Appropriately, It Is Important That Interested Parties Carefully Ensure Their Electronic Files Adhere To The Following Naming Convention: xxx- Firmname- Volume I xxx- Firmname- Volume Ii each File Name Shall Begin With The Solicitation Number Followed By The Firm’s Name And A Brief File Description. Please See Examples Above. file Organization: Although Hard Copies Are Not Accepted, Each File Shall Be Clearly Indexed, And Logically Assembled. Font Size Shall Be 12 Or Larger. Pages Shall Be Letter Sized (larger Page Sizes (such As 11x17 Foldouts, Etc.) Will Be Counted As One Page. Proposals Shall Be In Narrative Format, Organized, And Titled So That Each Section Of The Proposal Follows The Order And Format Of The Criterion. Information Presented Should Be Organized So As To Pertain To Only The Evaluation Factor In The Section That The Information Is Presented. Information Pertaining To More Than One Evaluation Factor Should Be Repeated In Each Section For Each Factor. upload Completion And Deadline: Interested Offerors Shall Submit Proposals No Later Than The Date And Time Specified In This Synopsis. The Time And Date Of The Proposal Receipt Will Be Upload Completion/delivery Time And Date Recorded Within Dod Safe Site. Do Not Assume That Electronic Submission Will Occur Instantaneously. Large Files (e.g. 10mb Or More) Will Take Some Time To Upload. Offerors Should Time Their Upload Effort With Prudence By Not Waiting Until The Last Few Minutes- This Will Allow For Unexpected Delays In The Transmittal Process. Offerors Are Encouraged To Keep A Copy Of The Upload Confirmation For Their Record. Submissions After The Deadline Will Be Considered Late And Will Be Processed In Accordance With Far 15.208. electronic Files: Files Shall Be In Their Native Format (i.e .,.docx, .xlsx, .ppt, Etc.), Or If In .pdf Format, Shall Be In Searchable Text. Text And Graphics Portfolios Of The Electronic Copies Shall Be In A Format Readable By Microsoft Office Or Adobe Applications. Data Submitted In A Spreadsheet Format Shall Be Readable By Ms Excel (all Cells And Formulars Shall Be Unlocked). all Contractors Are Advised That Registration In System For Award Management (sam) Database Is Required Prior To Award Of A Contract. Failure To Register In The Sam Database May Render Your Firm Ineligible For Award. For More Information, Check The Sam Web Site: Https://www.sam.gov. the Technical Data Package May Contain Information That Is Export Controlled. Only Those Companies That Have Completed Dd Form 2345 And Are Certified Under The Joint Certification Program (jcp) In An Active Status Are Authorized To Receive Export Controlled Information. Only Jcp Certified Firms Will Be Eligible For Any Future Award Made Related To This Effort. Additional Information About Jcp Is Available At Https://www.dla.mil/hq/logisticsoperations/services/jcp/. offerors Shall Restrict The Disclosure Or Use Of Its Proposal, (and) A Proper Legend Must Be Included On Materials Provided. Individual Subcontractor/vendor Proprietary Information May Be Submitted Separately. In Addition, If Proposal Volumes Include Technical Requirements That Have Been Identified As Cui, The Markings Shall Apply To The Technical Information Included In The Technical Volume. offeror Shall Mark Proposal Documents As Cui In Accordance With Nist Sp 800-171. Possible Categories For Use Include But Are Not Limited To The Following: cui Category: General Proprietary Business Information https://www.archives.gov/cui/registry/category-detail/proprietary-business-info.html#authority-list banner Marking For Specified Authorities: Cui//sp-propin banner Marking For Basic Authorities: Cui category Description: material And Information Relating To, Or Associated With, A Company's Products, Business, Or Activities, Including But Not Limited To Financial Information; Data Or Statements; Trade Secrets; Product Research And Development; Existing And Future Product Designs And Performance Specifications. *at A Minimum Technical Proposals Shall Safeguard In Accordance With Markings And Distributions Statements On All Technical Documents Within The Solicitation (sow, Specification, Drawings, Etc.). cui Category: Controlled Technical Information* https://www.archives.gov/cui/registry/category-detail/controlled-technical-info.html#authority-list banner Marking: Cui//sp-cti category Description: controlled Technical Information Means Technical Information With Military Or Space Application That Is Subject To Controls On The Access, Use, Reproduction, Modification, Performance, Display, Release, Disclosure, Or Dissemination. Controlled Technical Information Is To Be Marked With One Of The Distribution Statements B Through F, In Accordance With Department Of Defense Instruction 5230.24, "distribution Statements Of Technical Documents." The Term Does Not Include Information That Is Lawfully Publicly Available Without Restrictions. "technical Information" Means Technical Data Or Computer Software, As Those Terms Are Defined In Defense Federal Acquisition Regulation Supplement Clause 252.227-7013, "rights In Technical Data - Noncommercial Items" (48 Cfr 252.227-7013). Examples Of Technical Information Include Research And Engineering Data, Engineering Drawings, And Associated Lists, Specifications, Standards, Process Sheets, Manuals, Technical Reports, Technical Orders, Catalog-item Identifications, Data Sets, Studies And Analyses And Related Information, And Computer Software Executable Code And Source Code. category Marking: cti *at A Minimum Technical Proposals Shall Safeguard In Accordance With Markings And Distributions Statements On All Technical Documents Within The Solicitation (sow, Specification, Drawings, Etc.). cui Category: General Procurement And Acquisition https://www.archives.gov/cui/registry/category-detail/procurement-acquisition.html#authority-list banner Marking: Cui//sp-procure category Description: material And Information Relating To, Or Associated With, The Acquisition And Procurement Of Goods And Services, Including But Not Limited To, Cost Or Pricing Data, Contract Information, Indirect Costs And Direct Labor Rates. category Marking: procure cui Category: Source Selection https://www.archives.gov/cui/registry/category-detail/source-selection banner Marking For Specified Authorities: Cui//sp-ssel banner Marking For Basic Authorities: Cui category Description: per Far 2.101: Any Of The Following Information That Is Prepared For Use By An Agency For The Purpose Of Evaluating A Bid Or Proposal To Enter Into An Agency Procurement Contract, If That Information Has Not Been Previously Made Available To The Public Or Disclosed Publicly: (items 1-10). category Marking: ssel each Volume Submitted Shall Be Properly Marked With At A Minimum Ssel As Follows: a Cover Page Including The “cui” Marking In The Header And Footer As Required, As Well As The Requiredcui Designator Block If The Volume Contains Cui. This Designator Block Shall Be Included At The Bottom Right Portion Of The Cover Page And Read As Follows: controlled By: Department Of The Navy controlled By: Nswc Crane Code 02 cui Category: Propin/cti/procure/ssel distribution/dissemination Control: Fedcon poc: Nswccr 0253 Branch Head all Subsequent Pages Of The Document Shall Include The “cui” Marking In The Header And Footer. If Other Information Is Included In The Header Or Footer, The "cui" Marking Shall Be Centered On Its Own Line Within The Header And Footer. in Accordance With The Federal Acquisition Regulations (far) 36.601-4(b), The A-e Firm Must Be A Professional A-e Firm Permitted By Law To Practice The Professions Of Architecture Or Engineering In The State Of Indiana. This Requirement Can Be Achieved By Providing The Firm’s Indiana Secretary Of State Registration, And Currently Employing At Least Two (2) State Of Indiana Registered A-e Professionals. A-e Firms Shall Provide Proof That The Firm Is Permitted By Law To Practice The Professions Of Architecture Or Engineering In Indiana (e.g., Indiana Secretary Of State Registration And Employee’s State Of Indiana Professional Engineering License With Stamp Or State Of Indiana Registered Architect License With Stamp). Failure To Submit The Required Proof Will Result In A Firm’s Elimination From Consideration. all Businesses Intending To Conduct Business In Indiana, Except Sole Proprietors And General Partnerships, Must Register With The Indiana Secretary Of State. If A Business Needs To Be Registered, Please Do So At Www.inbiz.in.gov. jv Offerors Must Ensure That Both Entities Are Either State Registered Individually In Accordance With The Information Above, Or State Registered As A Jv In Accordance With The Information Above. only Those Companies That Have Completed Dd Form 2345 And Are Certified Under The Joint Certification Program (jcp) In An Active Status Are Authorized To Receive Export-controlled Information. Only Jcp Certified Firms Will Be Eligible For Any Future Award Made Related To This Effort. please Provide A-e Professional Licensure Proof Within Sf 330, Part I, Section E. Please Provide Secretary Of State Registration Information Within Sf 330, Part I, Section H. please Provide Jcp Registration Specifics Within Sf 330, Part I, Section E. Include Jcp Certification Number, Jcp Status, And Jcp Expiration Date. If Currently Working To Acquire Jcp Certification, You May Provide A Brief Explanation Of Your Firm’s Progress Towards Certification. However, Only Actively Jcp Certified Firms Will Be Eligible For Award. Jcp Active Status Will Be Confirmed Via Https://www.public.dacs.dla.mil/jcp/ext/ On The Day Of Proposal Submission. firms Must Also Acknowledge All Amendments To The Solicitation Within Their Proposal. A Statement Of Amendment Acknowledgement Within Sf 330, Part I, Section H Will Suffice. Please Address Individual Amendments Along With Corresponding Date Of Issuance On Sam.gov With Your Proposal. A Signed Copy Of The Amendments Is Not Required. if An Sf 254/sf 255 Is Submitted For This Request, It Will Not Be Reviewed Or Considered. As Required Above, Provide Verifiable Evidence That Your Firm Is Permitted By Law To Practice The Professions Of Architecture Or Engineering (e.g., State Registration Number). interested Firms Shall Submit Proposals To Both The Contract Specialist And The Contracting Officer Via Dod Safe. sf 330 Submissions Are Due No Later Than 9 January 2025 At 12:00 Pm (est). Late Responses Will Be Handled In Accordance With Federal Acquisition Regulations (far) 52.215‐1. The Points Of Contact For This Acquisition Are Contract Specialist, Aaron Hohl, At Aaron.m.hohl.civ@us.navy.mil And Jared Myers, Contracting Officer, At Jared.s.myers3.civ@us.navy.mil. inquiries Concerning This Procurement Should Reference The Solicitation Number (n0016425r1025) And Title And Be Forwarded Via Email To The Points Of Contact Identified Above. Questions Pertaining To This Requirement Are Due No Later Than Fourteen (14) Days After Posting Of This Requirement In Sam.gov. list Of Attachments: statement Of Work (sow) cdrls past Performance Questionnaire (ppq) key Personnel Criteria dd 254 selection Criteria: firms Responding To This Special Notice Will Be Evaluated To Determine The Most Highly Qualified Firms To Perform The Required Services In Accordance With The Published Selection Criteria. failure To Comply With Instructions Or Provide Complete Information May Affect The Firm’s Evaluation Or Disqualify The Firm From Further Consideration. Evaluation Criteria (1) Through (4) Are Considered Most Important And Are Equal Among Themselves; Criteria (5) Through (6) Are Less Important And Are Equal Among Themselves; Criteria (7) Will Only Be Used As A Tie‐breaker Among Technically Equal Firms. Specific Selection Criteria Include: specialized Experience professional Qualifications And Technical Competence past Performance quality Control program Management And Capacity knowledge Of General Geographic Area volume Of Work (no Data Submission Required) criterion 1 —specialized Experience (sf 330, Part I, Section F): firms Will Be Evaluated On Specialized Experience In Performance Of Services Similar To Those Anticipated Under This Contract Through Evaluation Of Experience In: infrastructure/facility Design Utilizing The Following Criteria, Including, But Not Limited To, Unified Facilities Criteria (ufcs) And Military Standard (milstd); conducting On‐site Design Development Workshops, Charrettes, Functional Analysis, Schematic Design, Or Space Programming, Including Supporting Budgetary Or Parametric Cost Estimating; demonstrated Ability To Design To Project Budget And Schedule; experience Preparing Design‐bid‐build; experience Preparing Design‐build Rfp Packages; And designing Projects In Accordance With Dod, Navy, Or Other Government Agencies’ Criteria. use Of Specsintact For Package Generation And Submittal To The Government specialized Design Experience To Include Antiterrorism Force Protection (atfp), Seismic Design And Analysis, And Design Of Secure Spaces firms May Be Considered More Favorably Under Criterion 1 By Demonstrating The Following: demonstrated Experience On Military Bases Within The Primary Geographic Area Of The Contract. experience In The Delivery Of Multiple Types Of A‐e Services Identified In The Requirements Above. experience On Multiple Facility Types, Such As Business, Educational, Industrial, Assembly, Health Care, Residential, Storage, Laboratory, And Mixed-use Occupancies, Identified In The Requirements Above. demonstrated Experience Using Rsmeans-based (or Equal) Electronic Cost Estimating Software. demonstrated Experience Designing Modifications To Existing Structures And Developing Construction Phasing While Associated Facilities Are Required To Remain In Service. demonstrated Experience Specific To Navy Facility Projects, Illustrating The Capability Of The A‐e Firm And Individual Design Team Members (a‐e Staff, Key Personnel, Consultants) To Work Within The Navy Project Planning Process Including: dd Form 1391 Development In The Navy’s Electronic Procurement Generator (epg), dd Form 1391 Validation Procedures Including Cost Validation. demonstrated Understanding Of Procedures And Timely Submission Of Base Access Documents In Adherence With Security, Safety, Environmental, And Accident Prevention Regulations In Order To Support A‐e Activities And Maintain Project Schedules. experience Of A‐e Firm And Individual Design Team Members (a‐e Staff, Key Personnel, Sub‐ Consultants) With Facilities Located In Historic Areas That Will Require Consultation With State Historic Preservation Officer (shpo) Throughout The Design Process. criterion 1 Submission Requirements: provide Up To A Minimum Of Three (3) And Maximum Of Five (5) Projects Completed (project Completion To Be Defined As Receiving Final Design Acceptance From Client) Within The Past Seven (7) Years Immediately Preceding The Date Of Issuance Of This Notice That Best Demonstrate Specialized Experience Of The Proposed Team In The Areas Outlined Above. Sufficient Information To Determine The Date Of Completion Of The Project Must Be Included In The Project Description Or The Project Will Not Be Considered. If More Than The Maximum Number Of Projects Is Submitted, The Government Will Only Evaluate Projects Up To The Maximum Number Authorized In The Order Submitted. all Projects Provided In The Sf 330 Must Be Completed By The Actual Office/branch/regional Office/ Individual Team Member Proposed To Manage And Perform Work Under This Contract. Projects Not Meeting This Requirement Will Be Excluded From Consideration In The Evaluation. To Enable Verification, Firms Should Include The Uei And Cage Along With Each Firm Name In The Sf 330 Part I, Section F, Block 25, “firm Name.” Include A Contract Number Or Project Identification Number In Block 21. Include An E‐mail Address And Phone Number For The Point Of Contact In Block 23(c). In Block 24, Include In The Project Description The Contract Period Of Performance, Award Contract Value, Current Contract Value, And A Summary Of The Work Performed That Demonstrates Relevance To Specialized Experience As Outlined Above. For Projects Performed As A Sub-contractor Or A Joint Venture Involving Different Partners, Specifically Indicate The Value Of The Work Performed As A Subcontractor Or By Those Firms Proposed For This Contract, And Identify The Specific Roles And Responsibilities Performed As A Sub-contractor Or By Those Firms On The Project Rather Than The Work Performed On The Project As A Whole. If The Project Description Does Not Clearly Delineate The Work Performed By The Entity/entities Offering/teaming On This Contract, The Firm Will Be Eliminated From Award Consideration. note: If The Firm Is A Joint Venture, Projects Performed By The Joint Venture Should Be Submitted; However, If There Are No Projects Performed By The Joint Venture, Projects Must Be Submitted For Each Joint Venture Partner, Not To Exceed A Total Of Five (5) Projects For Both Partners Combined. Each Partner Within A Jv May Not Be Responsible For More Than Three (3) Projects Within The Past Performance Submission. Firms Failing To Provide Projects From All Joint Venture Partners Will Be Considered To Have Not Met The Requirements Of The Criterion. projects Shall Be Submitted On The Sf 330 At Part I, Section F And Shall Be Completed Projects. Projects Not Completed Will Be Excluded From Evaluation Consideration. For Submittal Purposes, A Task Order On An Idiq Contract Is Considered A Project, As Is A Stand‐alone Contract Award. Do Not Submit An Idiq Base Contract As An Example Project. Instead, List Relevant Task Orders Or Stand‐ Alone Contract Awards That Fit Within The Definition Above. The Government Will Not Evaluate Information Provided For An Idiq Contract. Examples Of Project Work Submitted That Do Not Conform To This Requirement Will Not Be Evaluated. all Information For Criterion 1 Shall Be Submitted In The Sf 330, Part I, Section F. The Government Will Not Consider Information Submitted In Addition To Part I, Section F In The Evaluation Of Criterion 1. criterion 2—professional Qualifications And Technical Competence (sf 330, Part I, Sections E & G): films Will Be Evaluated On Professional Qualifications, Competence, And Experience Of The Proposed Key Personnel In Providing Services To Accomplish The Tasks Required Under This Contract, Including Participation In Example Projects In The Sf 330, Part I, Section G. Key Personnel Are Individuals Who Will Have Major Contract Or Project Management Responsibilities And/or Will Provide Unusual Or Unique Expertise. Specific Disciplines That Must Be Included In Key Personnel Are: project Manager, Registered Architect Or Professional Engineer, 10 Years quality Control Specialist, Architect Or Professional Engineer, 15 Years architect, Senior, Registered Architect, 15 Years architect, Junior, Registered Architect, 10 Years civil Engineer, Senior, Registered Professional Engineer, 15 Years civil Engineer, Junior, Registered Professional Engineer, 10 Years structural Engineer, Senior, Registered Professional Engineer, 15 Years structural Engineer, Junior, Registered Professional Engineer, 10 Years mechanical Engineer, Senior, Registered Professional Engineer, 15 Years mechanical Engineer, Junior, Registered Professional Engineer, 10 Years electrical Engineer, Senior, Registered Professional Engineer, 15 Years electrical Engineer, Junior, Registered Professional Engineer, 10 Years registered Communication Distribution Design (rcdd), 15 Years fire Protection Engineer, Registered Professional Engineer, 15 Years cost Estimator, Certified Cost Professional Or Equivalent, 15 Years key Personnel, Including Consultants, Shall Be U.s. Citizens. submissions Must Demonstrate Key Personnel Relevant Experience, Formal Education (e.g. Bachelor’s Or Master’s Degrees), And Relevant Professional Development Or Professional Certifications. See Key Personnel Attachment For Specific Qualification Criteria. If An Offeror Is Unable To Meet Key Personnel Requirement List In Its Entirety, The Government Still Urges A Response For Consideration Which Illustrates The Firm’s Maximum Personnel Capabilities. If Certain Key Personnel Roles Cannot Be Fulfilled, Please Indicate Those Role Vacancies Individually With A Course Of Action For Fulfillment. criteria 2 Submission Requirements: sf 330, Part I, Section E – Provide Resumes For All Proposed Key Personnel That Illustrate Experience In The Type Of Work Proposed Under This Contract. Resumes Are Limited To Three (3) Single-sided Pages And Should Indicate: Professional Registration, Certification, Licensure And/or Accreditation In Appropriate Disciplines To Include Document/licensure Numbers; Cite Recent (within The Past 10 Years) Project‐specific Experience In Work Relevant To The Services Required Under This Contract; And Indicate Proposed Role In This Contract. Indicate Participation Of Key Personnel In Example Projects In The Sf 330, Part I, Section G. The Firm Must Hold A Current And Active License In The State Of Indiana As Well As Currently Employ At Least Two (2) State Of Indiana Registered A-e Professionals. offeror Will Not Be Permitted To Simultaneously Fulfill Multiple Roles With An Individual On The Same Project. The Individuals Identified As Key Personnel On The Sf330 May Not Have Multiple Duties Or Be “dual-hatted.” Offerors Shall Provide Individual Resumes In Sf330 Section E For Each Of The Individuals Listed Above. criterion 3—past Performance (sf 330, Part I, Section H): firms Will Be Evaluated On Past Performance With Government Agencies And Private Industry In Terms Of Work Quality, Compliance With Schedules, Cost Control, And Stakeholder/customer Satisfaction. evaluating Past Performance And Experience Will Include Information Provided In The Contract performance Assessment Reporting System (cpars) / Architect-engineer Contract Administration Support System (acass) Or A Completed Past Performance Questionnaire (ppq) For Criterion 1 Projects And May Include Customer Inquiries, Government Databases, And Other Information Available To The Government Including Contacts With Points Of Contact In Other Criteria. Failure To Provide Requested Data, Accessible Points Of Contact, Or Valid Phone Numbers Could Result In A Firm Being Considered Less Qualified. criteria 3 Submission Requirements: submit A Completed Cpars/acass/ppq Evaluation For Each Project Under Criterion 1. firms May Provide Any Information On Problems Encountered And The Corrective Actions Taken On Projects Submitted Under Criterion 1—specialized Experience. Firms May Also Address Any Adverse Past Performance Issues. Information For Each Past Performance Submission Shall Not Exceed Five Single‐sided Pages In Total. offeror Shall Submit One (1) Past Performance Questionnaire Provided As An Attachment To This Synopsis To Each Of Its Customer Pocs Identified In Criterion 1 For Referenced Projects With No Cpars/acass Available. In Order To Expedite The Assessment Process, The Offeror May Complete The “contract Information” Portion Of The Past Performance Questionnaire For The Convenience Of The Customer Poc. A Ppq Submission Is Not Required For Criterion 1 Projects Accompanied By A Cpars/acass. However, A Ppq Submission For Every Criterion 1 Project, Including Those With A Cpars/acass Evaluation On Record, Would Assist The Government In Evaluation Accuracy And Is Encouraged. the Offeror Shall Not, However, Complete Any Other Section Of The Past Performance Questionnaire. The Questionnaire Shall Be Provided To The Customer Poc With Instructions To Complete And Submit It Directly To The Contracting Officer And/or The Point Of Contact Identified In This Announcement On Or Before The Proposal Due Date. Electronic Submission Via Encrypted E-mail By The Customer Is Required. under No Circumstances Shall The Questionnaires Be Returned To The Offerors After Completion. Any Information Provided By The Offeror’s References Is Subject To Verification/validation By The Government During The Evaluation Process. The Government May Make Contact And Follow Up With The Listed References Identified On The Contractor Past Performance Data Documents/data. The Offeror May Provide Information On Problems Encountered On The Identified Contracts As Well As The Offeror’s Corrective Actions. The Government Reserves The Right To Solicit Feedback Beyond What Is Identified In The Questionnaire. awards, Letters Of Commendation, Certificates Of Appreciation, Etc., Shall Not Be Submitted And Will Not Be Considered In The Evaluation. criterion 4—quality Control Program (sf 330, Part I, Section H): firms Will Be Evaluated On The Strength Of The Quality Control Program Proposed By The Firm To Ensure Quality Products And Services Under This Contract And Means Of Ensuring Quality Services From Their Consultants/subcontractors. criteria 4 Submission Requirements: describe The Quality Control Program That Will Be Utilized For All Deliverables Of This Contract And The Management Approach For Quality Control Processes And Procedures. The Description Shall: describe Specific Quality Control Processes And Procedures Proposed For This Contract To Achieve Technical Accuracy Of And Assurance Of Overall Coordination Of Plans And Specifications, And Engineering And Design Services. provide A Quality Control Process Chart Showing The Inter‐relationship Of The Management And Team Components. identify The Key Personnel (submitted Under Criterion 2—professional Qualifications And Technical Competence) Responsible For The Quality Control Program And A Description Of Their Roles And Responsibilities. describe How The Firm’s Quality Control Program Extends To Management Of Sub-contractors. explain The Quality Control Program Including An Example Of How The Plan Has Worked For One Of The Projects Submitted As Part Of Sf 330, Section F Or How The Plan Will Work If It Has Not Been Used Previously. criterion 5—program Management And Capacity (sf 330, Part I, Section H): firms Will Be Evaluated On The Firm’s Ability To Plan For And Manage Work Under The Contract And The Capacity To Accomplish The Work In The Required Time. criteria 5 Submission Requirements: provide An Organizational Chart For The Team And Discuss The Management Plan For This Contract And Personnel Roles In The Organization. Describe The Ability Of The Firm To Manage, Coordinate And Work Effectively With Team Members, Both Internal Staff, Sub- Contractors And Consultants. Discuss The History Of Working Relationships With Team Members, Including Joint Venture Partners Where Applicable. describe The Firm’s Present Workload And The Availability Of The Project Team (including Consultants) For The Specified Contract Performance Period. Describe The Workload/availability Of The Key Personnel During The Anticipated Contract Performance Period And The Ability Of The Firm To Provide Qualified Backup Staffing For Key Personnel To Ensure Continuity Of Services. General Statements Of Availability/capacity May Be Considered Less Favorably. describe The Firm’s Ability To Sustain The Loss Of Key Personnel While Accomplishing Work Within Required Time Limits, To Ensure Continuity Of Services And Ability To Meet Surges In Unexpected Project Demands And Ability To Adhere To Schedules And Budgets. include Small Business Subcontracting Plan Specifics Which Detail Level Of Participation Of Small Business, Small Disadvantaged Business, Woman-owned Small Business, Hubzone Small Business, Service-disabled Veteran-owned Small Business And Veteran Owned Small Business Team Members. attach A Small Business Subcontracting Plan Which Estimates The Proposed Extent Of Participation Of Small Business, Small Disadvantaged Business, Woman-owned Small Business, Hubzone Small Business, Service-disabled Veteran-owned Small Business And Veteran Owned Small Business Team Members In The Contract Team. Clearly Specify Each Small Business Firm That Is A Team Member, Their Small Business Category, And Their Proposed Level Of Participation Measured As A Percentage Of The Overall Estimated Effort. The Small Business Subcontracting Plan Draft Will Not Count Against The Total Page Count Limitation For The Firm’s Response. The Small Business Subcontracting Plan Should Be Included As An Attachment To The Sf 330 Response. Small Business Subcontracting Plan Specifics May Be Referenced Within The Sf 330 Response, But The Subcontracting Plan Should Also Be Attached In Its Entirety. criterion 6— Knowledge Of General Geographic Area (sf 330, Part I, Section H) firms Will Be Evaluated On The Locations Of Their Office Or Offices That Will Be Performing The Work Under This Contract And Demonstrated Knowledge Of The General Geographic Areas In Which Projects Could Be Located. Evaluation Of Firms Will Include Consideration Of Their Location Within The General Geographic Area Of The Anticipated Projects (primarily At Naval Surface Warfare Center Crane Division, Crane, In). criteria 6 Submission Requirements: indicate Location Of The Office(s) That Will Be Performing The Work, Including Main Offices, Branch Offices, And Offices Of Team Members. provide A Narrative Describing The Team’s Knowledge And Previous Experience Of The Primary Geographic Areas To Be Covered By This Contract. provide A Narrative To Describe The Team’s Ability To Provide Timely Response To Requests For On‐site Support. Provide Timelines And Examples Of The Team’s Success In Providing This Response. Include Both Primary And Sub‐contractor Support As Required. Teams With A Demonstrated History Of Providing Timely Support May Be Considered More Favorably. criterion 7—volume Of Work (sf 330, Part 1, Section H) (tie-breaker) in The Event Of A Tie Among Equally Rated Firms, Those Firms Will Be Evaluated In Accordance With Dod Federal Acquisition Regulation Supplement (dfars) Procedures, Guidance And Information (pgi) 236.602‐1, From Data Extracted From The Federal Procurement Data System (fpds). Firms Will Be Evaluated In Terms Of Work Previously Awarded To The Firm By Dod Within The Past Twelve (12) Months With The Objective Of Effecting An Equitable Distribution Of Contracts Among Qualified A‐e Firms Including Small, Disadvantaged Business Firms, And Firms That Have Not Had Prior Dod A‐e Contracts. criterion 7 Submission Requirements: firms Shall Not Submit Data For This Factor.

Details: Description Invitation To Bid For Supply And Delivery Of Various Agricultural Supplies (hvcdp) Ib No. 2024-12-86 1. The Department Of Agriculture Regional Field Office 02, Through The Hvcdp Fy 2025 And Qrf (typhoon-kristine, Marce, Ofel, Pepito) Fy 2024 Intends To Apply The Sum Of Php 76,098,650.00, Being The Total Abc To Payments Under The Contract For Supply And Delivery Of Various Agricultural Supplies/ib No. 2024-12-86. Bids Received In Excess Of The Respective Abc Shall Be Automatically Rejected At Bid Opening. The Department Of Agriculture Regional Field Office 02, Through Hvcdp Fy 2025 And Qrf (typhoon-kristine, Marce, Ofel, Pepito) Fy 2024, Intends To Apply The Sum Of The Following Vegetable And Onion Seeds, Planting Materials, Fertilizers, Bagging And Postharvest Materials Being The Abc To Payments Under The Contract Of Each Lot: Lot No. Qty. Unit Particular Abc (₱) Hvcdp Fy 2025 Lot I: Lowland Vegetable Seeds 1. 425 500 Grams/ Pack Yard Long Bean - Star Of All Sitao, Ideal For Off Season Planting, Long Shelf Life , Prolific And With Trademark Of Purple Tip; 425,000.00 2. 350 50 Grams/ Can Eggplant - High Yielding Cluster Type With Medium Size Long Purple Fruits And Very Green Calyx 665,000.00 3. 350 100 Grams/ Can Ampalaya - Hybrid Bitter Gourd Noted For Its Large, Glossy, Dark Green Fuits That Re Uniformly Cylindrical With Blunt Blossom End Rot 875,000.00 4. 350 50grams/ Can Pumpkin - Small Butternut Variety, Orange Flesh Color , Equal Ribs And Good Eating Quality 330,750.00 5. 350 50 Grams/ Can Upo - Hybrid With Premium Performance, Uniform Cylindrical Fruits 28-40 Cm, Early Maturing 40-45 Dat 280,000.00 Total: 2,575,750.00 Lot Ii: Highland Vegetables 1. 350 25 Grams/ Can Tomato - Semi - Determinate That Is Prolific And Vigorous; Early Maturing 60-65 Dat, Hybrid Thick Flesh, Firm Fruits, Ideal For Shipping; Tested Variety In Region 02 For 5 Years 980,000.00 2. 600 500 Grams/ Pack Snap Beans - High Yielding ( Round Pencil Type) French Beans. Pods Are Straight , Uniform And Stringless 390,000.00 3. 150 25 Grams/ Can Hot Pepper - High Yielding Pungent Hot Pepper With Heavy And Long Fruits For Fresh And Processing 262,500.00 4. 500 25 Grams/ Pack Cauliflower - Uniform Bright White Curds; Tolerant To Heat And Rain Stress; Maturity 40-50 Days Dat 650,000.00 5. 400 25 Grams/ Can Conical Pepper - High Yielding That Produces Big Uniform And Dark Green Fruits. Ideal For Canning And Processing 720,000.00 Total: 3,002,500.00 Lot Iii: Onion Seeds 1. 1800 400g/can Red Creole - Maturity 82-85 Dat;very Good Storage Quality ; Adoptable For Off Season And Regular Season 4,950,000.00 2. 2430 400g/can Red Creole - Maturity 100-110, Suited To Regular Season, Bulb Weight 40-60 Grams, Excellent Storability 6,682,500.00 3. 1020 400g/can Red Creole - Maturity 65 Dat, Regular Season Planting, Bulb Weight 50-60 Grams; Excellent Storability 6-8months 2,805,000.00 4. 50 454g/can Yellow Onion F1 - Early Maturing 65- 100 Dat; Double Skin,resistant To Damping Off And Purple Blotch 500,000.00 5. 300 400g/can White Onion Op - Early Maturing 90 Dat; Dehydrator / Processing Type 915,000.00 Total: 15,852,500.00 Iv. 33,333 Pcs Certified Grafted Mango Planting Materials 4,999,950.00 Various Fertilizers V. 870 Liter Plant Growth Promoter Carageenan Foliar Fertilizer For Mungbean - With Nitrogen, Calcium, Potassium , Magnesium And Iron; Fpa Registered; Labeled With Da - Rfo 02 Hvcdp Not For Sale 261,000.00 Vi. 235 Pack Soluble Boron Fertilizer- 100 Grams/pack - Guaranteed Analysis At Least 65 – 70% B203 ; Labeled With Da - Rfo 02 Hvcdp Not For Sale ; Fpa Registered; Supplier To Provide Brochures And Technical Speakers During The Conduct Of Technical Briefing To Farmers 199,750.00 Vii. 214 Liters Liquid Foliar Fertilizer For Garlic - Growth Booster - Npk (8-18-16) With Chelated Micronutrients - Sulfur, Calcium, Sodium, Magnesium, Iron, Boron, Zinc And Molybdenum - Fpa Registered Labed With Da - Rfo 02 Not For Sale 64,200.00 Viii. 204 Liters Organic Liquid Fertilizer For Vegetables @ 1000ml - Total Npk - 5-10% With Organic Matter ; From Seaweeds Extract > Labeled With Da - Rfo 02 Hvcdp Logo Not For Sale > Bafs Registered 255,000.00 Ix. 2678 Bag Certified Organic Fertilizer For Garlic And Citrus @ 50kgs/bag 1,339,000.00 X. 12,000 Box Inorganic Fertilizer For Onion And Vegetables- Npk (0-45 -30) Box @ 1 Kg; Labeled With Da -rfo 02 Hvcdp Not For Sale ; Fpa Registered ;> Supplier Must Willing To Provide Technical Assistance Relative To Package Of Technology Production For Onion And Vegetables 6,000,000.00 Xi. 1428 Bags Organic Plant Supplement For Vegetables @ 20kgs/bag 2,499,000.00 Xii. 700 Bag Controlled Release Fertilizer For Coffee - Npk (10-8-18) With Chelated Micronutrients Magnesium, Boron, Copper, Iron, Manganese, Molybdenum, Zinc And Chloride, Packaging Must Be 25 Kgs/bag Pack In Polypropylene And Polyethylene; Labeled With Da Rfo 02 Hvcdp Not For Sale ; Product Registered At Fertilizer Pesticide Authority;supplier To Provide Brochures And Technical Speakers During The Conduct Of Technical Briefing To Farmers 3,500,000.00 Xiii. Mango & Citrus Fertilization Technology 1. 250 Bag Npk (15 – 9 – 20) + Sulfur, Manganese, Magnesium, Boron And Zinc For Mango Flowering – Bag @ 50kgs Pack In Polypropylene Materials; Labeled With Da – Rfo 02 Hvcdp Not For Sale ; Fpa Registered; 737,500.00 2. 250 Bag Calcium Nitrate (cano3) 26.4+15.6 For Mango Flower Inducer – Bag @ 50kgs Pack In Polypropylene Materials With Da – Rfo 02 Hvcdp Not For Sale Label ; Fpa Registered 587,500.00 3. 5000 Box Potassium Chloride ( 0-0-61) For Mango & Citrus - Box @ 1 Kg; Labeled With Da -rfo 02 Hvcdp Not For Sale Label ; Fpa Registered 1,250,000.00 Total: 2,575,000.00 Xiv. Bagging Materials For Banana And Mango 1. 100,000 Pcs Mango Bagging Materials- Fruit Bag Dimension Minimum - 22.6 X 19cm; Thickness – 38gms; Made Up Of Long Fiber Paper With Wire For Clipping And Water Repellant; Box In 500 Pcs Labeled With Da – Rfo 02 -hvcdp Logo Not For Sale 200,000.00 2. 500 Kgs Banana Bagging Materials – Polybag Threated With Chemicals -light Blue - Can Wrap At Least 20 Bunch- Box In 5ks/box Labeled With Da – Rfo 02 -hvcdp Not For Sale 150,000.00 Total: 350,000.00 Post Harvest Materials Xv. 1,900 Pcs Food Grade Plastic Crates For Fruits (mango, Banana, Pineapple)- 25 Kgs Capacity, Available Stocks Upon Inspection, At Least 1.9 Kgs Weight - Fda Certified, Color Blue; Painted With Da - Rfo -2 Hvcdp Logo 950,000.00 Xvi. 100 Pcs Heavy Duty Pallets - Dimension 1000mm (l) X 1200 Mm (w) X 160 Mm(h); Material - 100% High Density Polyethylene Plastic ; Static Capacity - 2000 Kg ; Dynamic And Racking Load - 1000kgs; Weight Approximately 18 Kgs; Color Blue; Available Stocks Upon Inspection 400,000.00 Xvii. Gulayan Sa Bayan Project 1. 267 Pcs Water Plastic Drum - 200 Liters Capacity, With Printed Hvcdp Logo, Color Blue, Open Mounted With Cover - Available Stocks Upon Inspection 574,050.00 2. 267 Pcs Peat Moss - Ph 5.5 - 6.5 , 225 L, 1- 10mm Particle Size, 70% Neutralized White Peat, 30% Neutralized Black Peat With Da - Rfo 02 - Hvcdp Not For Sale 560,700.00 3. 445 Pcs Blow Molding Watering Sprinkler - Made Up - Of Polypropylene - 8 Liters Capacity, Box In 5pcs With Da - Rfo 02 Hvcdp Not For Sale 244,750.00 4. 900 Packs Vegetables Seeds 10 In 1 Pack (100 Grams Kangkong, 25 Grams Eggplant, 10 Grams Tomato, 100 Grams Pole Sitao, 50 Grams Squash, 50 Grams Bitter Gourd, 20 Grams Upo, 50 Grams Okra, 50 Grams Pechay, 5 Grams Panigang Pepper) - 85 % Germination , Use Of Seeds Standard Packaging Of Da- Rfo 02 7 ¾ X 11 Inches By 120 Microns , Box In 10 Packs With Label Da - Rfo 02 Not For Sale 900,000.00 5. 4,450 Pcs Seedling Tray - Premium Class A - 100 Holes, Box In 25 Pcs With Sticker Outside Box - Da - Rfo 02 Hvcdp Not For Sale 333,750.00 6. 445 Pcs Grab Hoe (heavy Duty)-at Least 100cm Length Hardwood; Blade: 15cm X Length 25cm; 0.5 Cm Thickness, Box In 5 Pcs With Da - Rfo 02 - Hvcdp Not For Sale 289,250.00 7. 445 Pcs Food Grade Plastic Crates - 25 Kgs Capacity, Color Green With Da - Logo & Hvcdp, Outside Dimension: 520 X 360 X 305 Mm, Inside Dimension: 485 X 325 X 295 M, Available Stocks Upon Inspection , At Least 2 Kgs Weight 222,500.00 8. 900 Bag Certified Organic Fertilizer @ 50kgs/bag 450,000.00 Total: 3,575,000.00 Xviii. 90 Unit Portable Thumb Edible Garden Nursery - 95cm X 149cm Bench Size - 1.5 Meters Height Inclusion Of The Fallowing: 1. 6 Packs Vermicast @ 2kgs 2. 250 Ml Foliar Fertilizer 3. 3 Pcs Planting Tray, 4. 4 Pcs Seedling Tray @ 104 Holes, 5. 15pcs Black Square 6. 6packs Vegetable Seeds ( 5 Grams Pechay; 10 Grams Kangkong; 5 Grams Mustasa; 2 Grams Chinese Pechay; 0.5 Grams Green Lettuce; 1 Grams Spinach) 2,700,000.00 Total (hvcdp Fy 2025): 51,098,650.00 Qrf (typhoon-kristine, Marce, Ofel, Pepito) Fy 2024 Xix. Lowland Vegetable Seeds 1. 1105 500 Grams/ Pack Yard Long Bean - Star Of All Sitao, Ideal For Off Season Planting, Long Shelf Life , Prolific And With Trademark Of Purple Tip; 1,105,000.00 2. 1000 50 Grams /can Eggplant - High Yielding Cluster Type With Medium Size Long Purple Fruits And Very Green Calyx 1,900,000.00 3. 1000 100 Grams/ Can Ampalaya - Hybrid Bitter Gourd Noted For Its Large, Glossy, Dark Green Fuits That Re Uniformly Cylindrical With Blunt Blossom End Rot 2,500,000.00 4. 750 50grams/ Can Pumpkin - Small Butternut Variety, Orange Flesh Color , Equal Ribs And Good Eating Quality 708,750.00 5. 800 50 Grams/ Can Upo - Hybrid With Premium Performance, Uniform Cylindrical Fruits 28-40 Cm, Early Maturing 40-45 Dat 640,000.00 6. 500 25 Grams/ Can Hot Pepper - High Yielding Pungent Hot Pepper With Heavy And Long Fruits For Fresh And Processing 945,000.00 7. 800 25 Grams/ Can Tomato - Color Must Firm Red Medium In Size With Long Shelf Life And Excellent Export Quaility, Vigorous With Moderate Resistance To Bacterial Wilt. Performs Well Even In Rainy Season. 2,360,000.00 Total: 10,158,750.00 Xx. Onion Seeds 1. 1050 400g/can Red Creole - Maturity 82-85 Dat;very Good Storage Quality ; Adoptable For Off Season And Regular Season 2,887,500.00 2. 1525 400g/can Red Creole - Maturity 100-110, Suited To Regular Season, Bulb Weight 40-60 Grams, Excellent Storability 4,193,750.00 Total: 7,081,250.00 Xxi. Highland Vegetables 1. 3500 500 Grams/ Pack Snap Beans - High Yielding ( Round Pencil Type) French Beans. Pods Are Straight , Uniform And Stringless 2,275,000.00 2. 750 25 Grams/ Pack Cauliflower - Uniform Bright White Curds; Tolerant To Heat And Rain Stress; Maturity 40-50 Days Dat 975,000.00 3. 500 100 Grams/ Can Carrots - High Rate Of Marketable Roots-thick Long And Smooth Skinned Roots With Uniques Blunt Ends. Early Maturing ,slow Bolting, Deep Orange Color, Sweet And Tasty. Good Field Holding Capacity, 190-200g Per Fruit, 100-110 Das, Suitable For All Season 910,000.00 4. 800 25 Grams/ Can Conical Pepper - High Yielding That Produces Big Uniform And Dark Green Fruits. Ideal For Canning And Processing 1,440,000.00 5. 800 25 Grams/ Can Cabbage- Heavy Compact Heads With Small Core And Purple Veins, Very Good Eating Quality, Juicy With Uniques Tinge Of Sweetness, Heat Tolerance Variety, Head Weight 1-1.2kg, Early Maturity 65-70dat, Suitable For All Season 640,000.00 6. 500 50 Grams/ Can Chinese Cabbage - Firm, Heavy And Compact Heads. Good Shelf Life And Export Quality, Resitant To Bacterial Rot, 1.5-2-2 Kg Per Fruit, Early Maturity 60-65 Dat, Suitable For All Season 420,000.00 7. 1000 1 Kilogram/ Pack Sweet/garden Pea- Contains An Average Of 8-10 Seed Per Pod, Ideal For Stir-fried Cooking And Ingredient For Rice And Noodles. Early Maturing 60-70 Dat, Resistance To Bean Rust, Pod Length 5.5cm, Pod Weight 2g. 1,100,000.00 Total: 7,760,000.00 Total Qrf (typhoon-kristine, Marce, Ofel, Pepito) Fy 2024: 25,000,000.00 Grand Total: 76,098,650.00 2. The Department Of Agriculture Regional Field Office 02 Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Each Lot: Lot No. Particular Delivery Period I. Lowland Vegetable Seeds March 2025 Ii. Highland Vegetables March 2025 Iii. Onion Seeds March 2025 Iv. Certified Grafted Mango Planting Materials May 2025 V. Plant Growth Promoter Carageenan Foliar Fertilizer For Mungbean March 2025 Vi. Soluble Boron Fertilizer March 2025 Vii. Liquid Foliar Fertilizer For Garlic - Growth Booster - Npk (8-18-16) March 2025 Viii. Organic Liquid Fertilizer For Vegetables March 2025 Ix. Certified Organic Fertilizer For Garlic And Citrus 50kgs/bag March 2025 X. Inorganic Fertilizer For Onion And Vegetables- Npk (0-45 -30) March 2025 Xi. Organic Plant Supplement For Vegetables 20kgs/bag March 2025 Xii. Controlled Release Fertilizer For Coffee - Npk (10-8-18) March 2025 Xiii. Mango & Citrus Fertilization Technology March 2025 Xiv. Bagging Materials For Banana And Mango March 2025 Xv. Food Grade Plastic Crates For Fruits (mango, Banana, Pineapple) March 2025 Xvi. Heavy Duty Pallets March 2025 Xvii. Gulayan Sa Bayan Project March 2025 Xviii. Portable Thumb Edible Garden Nursery March 2025 Xix. Lowland Vegetable Seeds 15 Calendar Days Xx. Onion Seeds 15 Calendar Days Xxi. Highland Vegetables 15 Calendar Days Bidders Should Have Completed, Within 3 Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. A. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Department Of Agriculture Regional Field Office 02 And Inspect The Bidding Documents At The Address Given Below During 8:00 Am To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders From December 19, 2024, To January 08, 2025, From The Given Address Below Or You Can Download At Philgeps Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Indicated Below: Lot No. Particular Abc Cost Of Bid Documents I. Lowland Vegetable Seeds 2,575,750.00 5,000.00 Ii. Highland Vegetables 3,002,500.00 5,000.00 Iii. Onion Seeds 15,852,500.00 25,000.00 Iv. Certified Grafted Mango Planting Materials 4,999,950.00 5,000.00 V. Plant Growth Promoter Carageenan Foliar Fertilizer For Mungbean 261,000.00 500.00 Vi. Soluble Boron Fertilizer 199,750.00 500.0 Vii. Liquid Foliar Fertilizer For Garlic - Growth Booster - Npk (8-18-16) 64,200.00 500.0 Viii. Organic Liquid Fertilizer For Vegetables 255,000.00 500.0 Ix. Certified Organic Fertilizer For Garlic And Citrus 50kgs/bag 1,339,000.00 5,000.00 X. Inorganic Fertilizer For Onion And Vegetables- Npk (0-45 -30) 6,000,000.00 10,000.00 Xi. Organic Plant Supplement For Vegetables 20kgs/bag 2,499,000.00 5,000.00 Xii. Controlled Release Fertilizer For Coffee - Npk (10-8-18) 3,500,000.00 5,000.00 Xiii. Mango & Citrus Fertilization Technology 2,575,000.00 5,000.00 Xiv. Bagging Materials For Banana And Mango 350,000.00 500.00 Xv. Food Grade Plastic Crates For Fruits (mango, Banana, Pineapple) 950,000.00 1,000.00 Xvi. Heavy Duty Pallets 400,000.00 500.00 Xvii. Gulayan Sa Bayan Project 3,575,000.00 5,000.00 Xviii. Portable Thumb Edible Garden Nursery 2,700,000.00 5,000.00 Xix. Lowland Vegetable Seeds 10,158,750.00 10,000.00 Xx. Onion Seeds 7,081,250.00 10,000.00 Xxi. Highland Vegetables 7,760,000.00 10,000.00 Prospective Bidder Has The Option To Pay The Cost Of Bid Documents In The Cashiering Unit Or May Deposit The Payment Thru Da Landbank – Trust Fund Account Number: 0122 1484 16 And Present Its Proof Of Payment To The Bac Secretariat Or By Sending Thru Email Address Bacregion2@yahoo.com. 6. The Department Of Agriculture Regional Field Office 02 Will Hold A Pre-bid Conference On December 26, 2024 @ 9:00 A.m. At Administration And Training Center Building Conference Room - Da Rfo 02, San Gabriel, Tuguegarao City, Cagayan, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before January 08, 2025 @ 12:00 Noon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On January 08, 2025 @ 1:30 P.m At Administration And Training Center Building Conference Room - Da Rfo 02, San Gabriel, Tuguegarao City, Cagayan. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Department Of Agriculture Regional Field Office 02 Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Engr. Darlina D. Mabatan Bids And Awards Committee Secretariat Department Of Agriculture Regional Field Office 02 Tuguegarao City, Cagayan Telephone No. (078) 304-0560 Email Address: Bacregion2@yahoo.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website Sgd Rtd Kay S. Olivas, Mabe, Mpa, Enp Bac Chairperson

Details: Description Invitation To Bid For The Procurement Of Supply And Delivery Of Various Machinery (by Lot) 1. The Department Of Agriculture-western Visayas, Through The National Expenditure Program 2025 (early Procurement Short Of Award) Intends To Apply The Sum Of Forty Three Million Five Hundred Ninety Five Thousand Pesos (php43,595,000.00) Being The Abc To Payments Under The Contract For Procurement Of Supply And Delivery Of Various Machinery (by Lot)/ib No. 2025-005 (amv). Description Abc Lot 1 ₱1,500,000.00 Lot 2 ₱1,600,000.00 Lot 3 ₱1,650,000.00 Lot 4 ₱1,485,000.00 Lot 5 ₱6,000,000.00 Lot 6 ₱1,250,000.00 Lot 7 ₱4,320,000.00 Lot 8 ₱14,000,000.00 Lot 9 ₱1,890,000.00 Lot 10 ₱4,500,000.00 Lot 11 ₱3,900,000.00 Lot 12 ₱1,500,000.00 Total ₱43,595,000.00 Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Department Of Agriculture-western Visayas Now Invites Bids For The Procurement Of Supply And Delivery Of Various Machinery (by Lot) With The Following Specifications: Lot 1 – 10 Units Hand Tractor • Brand New • Axle: Hexagonal Or Circular Plowing Capacity, Single Pass 1.0 Ha/day (minimum) Provision Of Earmuffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirements With Set Of Manufacturer’s Standard Tools Required For Maintenance Shall Conform To Pns/pabes 345:2022, Walking-type Agriculture Tractor (pull-type) • Prime Mover: Brand New 7.0 Hp (minimum), Water-cooled/air/cooled, Diesel/gasoline Engine, Direct-injection, Single-cylinder, Four-stroke Cycle Shall Conform To Paes 116:2001, Small Engine • With Implements One (1) Unit Each: Disc Plow (2 Disc), Minimum Comb Harrow Moldboard-type Side Plow Leveler • With Cage Wheel And Brand New Pneumatic Tires • With Trailer One (1) Ton Capacity With Leaf Spring/coil Spring Suspension And Brand New Tires • Additional Requirements:  With Amtec Test Results For Hand Tractor And Engine  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Engine Offered Lot 2 – 10 Units Floating Tiller • Brand New Width Of Rotary Tilling Wheel: 1.0 M (min.) Provision Of Ear Muffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirement Shall Conform To Paes 347:2022, Waking-type Agricultural Tractor- Specifications, Part 3: Float-assisted Tiller With Set Of Manufacturer’s Standard Tools Required For Maintenance • Engine (prime Mover): 9.0 Hp (min.) Air-cooled Gasoline/diesel Engine Shall Conform To Paes 116:2001, Small Engine • Additional Requirements:  With Amtec Test Results For Floating Tiller And Engine  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Unit And The Engine Offered Lot 3 4 Units Brand New Rice Thresher With Sifter And Fan Or Shaker 7 Units Brand New Rice Thresher Without Sifter And Fan • Performance/classification: Thrown-in, Axial Flow Type Threshing Cylinder: Type: Open Cylinder Peg Tooth Round/knife Bar Mild Steel Output Capacity: 1 Ton/h (minimum) Shall Conform To Paes 204:2015, Mechanical Rice Thresher With Set Of Manufacturer’s Standard Tools Required For Maintenance Provision Of Ear Muffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirement • Engine (prime Mover): Brand New 8 Hp, Minimum Air-cooled/water-cooled Gasoline Or Diesel Engine Shall Conform To Paes 116:2001, Small Engine • Additional Requirements:  With Amtec Test Results For Thresher And Engine  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Engine Offered Lot 4 – 9 Units Rice Reaper • Brand New • Prime Mover: 2.61 Kw (3.5 Ho), Minimum Gasoline Engine • Field Capacity: 2.0 Ha/day (minimum) • Performance/classification/other Features/accessories: Width Of Cut: 1.0, Minimum Adjustable Cutting Height Transmission System Must Be Directly Coupled To The Engine Gear Transmission With Gear Box Preferably With Safety Features Shall Conform To Paes 212:2015, Rice Reaper • Additional Parts: With Cage Wheel With Brand New Pneumatic Tires (2 Units) • Additional Requirements:  With Complete Basic Tools And Accessories As Indicated In Paes  With Brochure  With Original Equipment Manufacturer Manual (oem) To Be Submitted During Delivery  With Amtec Test Result  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto) Lot 5 – 12 Units Corn Mill • Brand New Compact Type Input Capacity: 100kg/h (minimum) Provision Of Ear Muffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirement Shall Conform To Paes 251:2021, Corn Mill With Set Of Manufacturer’s Standard Tools Required For Maintenance With Steel Ladder Minimum Of 3 Steps • Engine (prime Mover): Brand New 9 Hp (minimum) Air-cooled/water-cooled Gasoline/diesel Engine Or 3 Hp (minimum) Electric Motor, Single Phase Shall Conform To Paes 116:2001, Small Engine • Additional Requirements:  With Amtec Test Result For Corn Mill And Electric Motor Or Engine And Engine  With Instruction/operations Manual For Both Corn Mill And Enine (to Be Submitted Upon Delivery)  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Engine Offered Lot 6 – 5 Units Hammer Mill • Brand New • Input Capacity: 100kg/h (minimum) Type: Swinging Type Or Fic Hammer With Set Of Screens • Shall Conform To Paes 216:2004, Hammer Mill • Provision Of Ear Muffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirement • With Complete Basic Tools And Accessories As Indicated In Paes • With Steel Ladder Minimum Of 3 Steps • Engine (prime Mover): Brand New 7 Hp, Minimum Air-cooled/water-cooled Gasoline Or Diesel Engine Shall Conform To Paed 116:2001, Small Engine • Additional Requirements:  With Amtec Test Results For Hammer Mill And Engine  With Brochure  With Instruction/operations Manual For Both Hammer Mill And Engine (to Be Submitted Upon Delivery)  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Engine Offered Lot 7 – 16 Units Corn Sheller • Brand New Output Capacity: 2.0 Tons/h (minimum) Provision Of Ear Muffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirement Shall Conform To Paes 208:2000, Power-operated Corn Sheller With Brand New Pneumatic Tires With Set Of Manufacturer’s Standard Tools Required For Maintenance With Steel Ladder Minimum Of 3 Steps • Engine (prime Mover): Brand New 7 Hp, Minimum Air-cooled/water-cooled Gasoline Or Diesel Engine Shall Conform To Paes 116:2001, Small Engine • Additional Requirements:  With Amtec Test Results For Corn Sheller And Engine  With Brochure  With Instruction/operations Manual For Both Hammer Mill And Engine (to Be Submitted Upon Delivery)  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Engine Offered Lot 8 – 4 Units Re-circulating Dryer • Brand New • Type: Batch Type, Recirculating Stationary • With Programmable In-line Monitoring System For Moisture Content, Temperature And Can Control Heating System And Shutdown The Drying Operation When The Grain Is Already Dried • Material Of Construction: Parts Of The Dryer With Direct Contact With The Grains Shall Be Made By Non-corrosive And Food Grade Material • Power Requirements: Single-phase Electrical Connection, Maximum 5kw Rated Power Of All Electric Motors • Holding Capacity: 6 Tons, Minimum • With Provision Of Built-in Moisture Meter • With Provision Of Safety Features • With Pre-cleaner Capable Of Removing Large Impurities And Unthreshed Paddy With Compatible Electric Motor • With Provision Of Ducting To Divert Heat Source From Heating System 1 Or Heating System 2, Made Of Stainless Steel Or Primer Painted And Powder Coated B.i Or G.i Sheet • With Set Of Manufacturer’s Standard Tools Required For Maintenance • Shall Conform To Performance Requirement Paes 201:2015, Heated-air Mechanical Grain Dryer • Heating System Requirement: Heating System 1 (petroleum Based Fuel)  Petroleum Based Fuel: Direct-fired  With The Following Components And Accessories - Flame Sensor - Electronic Ignition System - Automatic Fuel Shut-off - Adjustable Fuel Vaporizer - Automatic Temperature Control - Elevated Non-corrosive Ad Heat-resistant Fuel Container At Least 200 Liters Capacity - Compatible Single-phase Electric Motor For The Heating System Heating System 2 (biomass Fuel)  Biomass Fuel: Indirect-fired  With The Following Components And Accessories: - With Heat Exchanger - Burning Chamber: Made Of Refractory Bricks Or Steel - Automatic Fuel Feeder: Auger/screw Type - Temperature Control - Compatible Electric Motor For The Heating System - Fuel Can Be Rice Hull Or Corn - With Dust Collection System • Accessories: Brand New Moisture Meter (digital Capacitance Type) Ash Box/cart Generator Set - Rated Power: 15kva, Minimum - Voltage Requirement Compatible To The System - Power Supply/generation System Should Be Brand New And Not Refurbished - Provided With Mechanical Transfer Switch (mts) - All Electrical Wires, Accessories, Piping To The Power Generating Unit To The Mts And The Dryer Control Panel/system Shall Be Provided - With Thermal, Insulation And Noise Suppressor - Noise Level; 92 Dba Maximum, If Exceeded Earmuffs Shall Be Provided - With Protection Or Cover Against Rat Entry (as Per Manufacturers Specification) Air Compressor For Cleaning, Heavy Duty At Least 120 Psi, 5m Air Hose One (1) Unit Fire Extinguisher, Dry Chemical, Stored Pressure Type, 6 Kg Minimum Automatic Portable Bag/sack Closer/sewer With Portable, Heavy Duty Weighing Scale, Minimum 150 Kg Weighing Capacity With Collapsible Cover (trapal), Thickness: S200 With Bagging Bin, Capacity Appropriate To The System • Additional Requirements:  With Amtec Test Result (coupled System) (testing Material – Rice Or Corn)  With Brochure  With Original Equipment Manufacturer Manual (oem) To Be Submitted During Delivery  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter) For The Prescribed Part Od The Dryer And Generator Set  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) Lot 9 – 7 Unit Multi-cultivator • Brand New • Transmission: Gear Type • Powered By 9 Hp (minimum) Gasoline Engine • With Implements And Accessories: Steel Wheel Steel Blades For Trench Cutting, Row Forming, Ditch Digging • Dry Weight: 165kg (minimum) • Shall Conform For Paes 147:2010, Field Cultivator • With Set Of Manufacturer’s Standard Tools Required For Maintenance • Additional Requirements:  With Amtec Test Result  With Brochure  With Instruction/operations Manual (to Be Submitted Upon Delivery)  With Reflectorized Da Western Visayas – Amia Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) Lot 10 – 2 Units Village Type Feed Mill • Brand New  Components: A. Fabrication Of One (1) Unit Horizontal Mixer  Mixing Rate: 800 Kg/h (minimum)  Prime Mover: 3hp (min.) Single Phase Electric Motor B. Fabrication Of One (1) Unit Hammer Mill (swinging Type)  Prime Mover: 12hp (min.) Gasoline/diesel Engine, Water-cooled/air-cooled  Capacity: 600 Kg/h (min.) C. Fabrication Of One (1) Unit Micro-mixer  Mixing Rate: 200 Kg/h (min.)  Prime Mover: 2hp (min.), Single Phase, Electric Motor  Made Of Stainless Casing D. Weighing Scale  Capacity: 1000 Kg (min.)  Platform Type E. Sack Sewing Machine  Portable Type  Single Thread Chain Stitch F. With Set Of Manufacturer’s Standard Tools Required For Maintenance • Additional Requirements:  With Amtec Test Result  With Instruction/operations Manual (to Be Submitted Upon Delivery)  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto) Lot 11 – 13 Units Forage Chopper • Brand New  Input Capacity: 300 Kg/h (minimum)  Length Of Cut: 10mm – 50mm  Discharge Mechanism: Throw-away Type  Feeding Mechanism: Semi-precision Cut  Mobility: With Wheels  Shall Conform To Paes 218:2004, Forage Chopper  With Set Of Manufacturer’s Standard Tools Required For Maintenance  Provision Of Earmuffs Or Any Ear Protective Device Is Mandated When The Noise Level Exceeds The Minimum Requirement • Engine (prime Mover):  Brand New  8 Hp (min.), Water-cooled/air-cooled, Diesel/gasoline Engine, Direct-injection, Single-cylinder, Four-stroke Cycle  Shall Conform To Paes 116:2001, Small Engine • Additional Requirements:  With Amtec Test Result  With Instruction/operations Manual (to Be Submitted Upon Delivery)  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto)  Must Have A Valid Certificate Of Conformity (cc) For The Engine Offered Lot 12 – 1 Unit Baler • Brand New  Capacity: 70 Bale/h, Minimum  Bale Shape: Square  Bale Output Dimension (lxwxh) Mm: 750x450x350, Minimum  Source Of Power: Tractor Pto  Tractor Power Required: 40-55hp • Additional Requirements:  With Amtec Test Result  With Brochure  With Original Equipment Manufacturer Manual (oem) To Be Submitted During Delivery  Warranty Period: 1 Year From The Date Of Acceptance Of The Recipient/beneficiary  With Reflectorized Da Western Visayas Logo (minimum Of 6” Diameter)  Service Center Must Conform To Paes 138:2004 And Should Have An Available Spare Parts And Technician Within Region 6  Must Have A Valid Certificate Of Accreditation From National Agricultural And Fisheries Machinery Assemblers, Manufacturers, Importers, Distributors And Dealers Accreditation And Classification (namdac) Board.  Must Have A Valid Permit To Operate (pto) Delivery Of The Goods Is Required Within 45 Calendar Days From Receipt Of Notice To Proceed And To Be Delivered At The Attached Drop Off Points. Bidders Should Have Completed, Within Three (3) Years (2021-present) From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. The Prospective Bidder Must Be Registered In The Philgeps. 4. Prospective Bidders May Obtain Further Information From Department Of Agriculture - Visayas And Inspect The Bidding Documents At The Address Given Below During Office Hours, 8:00 A.m. To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On December 30, 2024 – January 21, 2025 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Following Amount: Lot Cost Of Bidding Documents Lot 1 ₱5,000.00 Lot 2 ₱5,000.00 Lot 3 ₱5,000.00 Lot 4 ₱5,000.00 Lot 5 ₱10,000.00 Lot 6 ₱5,000.00 Lot 7 ₱5,000.00 Lot 8 ₱25,000.00 Lot 9 ₱5,000.00 Lot 10 ₱5,000.00 Lot 11 ₱5,000.00 Lot 12 ₱5,000.00 The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees To Be Presented In Person. 6. The Department Of Agriculture-western Visayas Will Hold A Pre-bid Conference At 9:30 A.m. On January 7, 2025 At The Rcpc Library, Rcpc Building, Da Wesviarc Compound, Brgy. Buntatala, Jaro, Iloilo City, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below On Or Before 9:30 A.m. On January 21, 2025. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Securing Declaration Or Bid Security In The Amount Of Any Of The Acceptable Forms And In The Amount: Lot Abc Bid Security Form Of Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit (2%) Form Of Surety Bond (5%) Lot 1 ₱1,500,000.00 ₱30,000.00 ₱75,000.00 Lot 2 ₱1,600,000.00 ₱32,000.00 ₱80,000.00 Lot 3 ₱1,650,000.00 ₱33,000.00 ₱82,500.00 Lot 4 ₱1,485,000.00 ₱29,700.00 ₱74,250.00 Lot 5 ₱6,000,000.00 ₱120,000.00 ₱300,000.00 Lot 6 ₱1,250,000.00 ₱25,000.00 ₱62,500.00 Lot 7 ₱4,320,000.00 ₱86,400.00 ₱216,000.00 Lot 8 ₱14,000,000.00 ₱280,000.00 ₱700,000.00 Lot 9 ₱1,890,000.00 ₱37,800.00 ₱94,500.00 Lot 10 ₱4,500,000.00 ₱90,000.00 ₱225,000.00 Lot 11 ₱3,900,000.00 ₱78,000.00 ₱195,000.00 Lot 12 ₱1,500,000.00 ₱30,000.00 ₱75,000.00 In Lieu Of A Bid Security, The Bidder May Submit A Duly Notarized Bid Securing Declaration That Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Required Performance Security Within 10 Calendar Days From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event That It Violates Any Of The Conditions Stated Therein As Required In The Guidelines Issued By The Gppb. 9. Bid Opening Shall Be At 9:30 A.m. On January 21, 2025 At The Given Address Below. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Department Of Agriculture-western Visayas Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. The Department Of Agriculture-western Visayas Does Not Condone Any Forms Of Solicitation On Any Prospective Winning And Losing Bidders By Any Of Our Staff/employees Or Any Other Party. Any Sort Of This Kind Shall Be Reported Immediately To The Office Of The Secretary Or The National Bureau Of Investigation (nbi) For Entrapment And Proper Investigation. 12. For Further Information, Please Refer To: Zarlina B. Cuello Bac Chairperson Da-wesviarc Compound Brgy. Buntatala, Jaro, Iloilo City Tel. No. (033) 320-23-73 Www.westernvisayas.da.gov.ph Procurement@wv.da.gov.ph 13. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps December 30, 2024 Zarlina B. Cuello Bac Chairperson

Details: This Is A Sources Sought Notice Only. this Is Not A Solicitation For Bids, Proposals, Proposal Abstracts, Or Quotations. The Purpose Of This Sources Sought Notice Is To Obtain Information Regarding The Availability And Capability Of Qualified Sources To Perform The Potential Requirement. This Sources Sought Notice Is Part Of Market Research Effort And Invites Contractors Capable Of Fulfilling The Requirement In Accordance With The Statement Of Work And Salient Characteristics.â  The Responses Received From Interested Contractors Will Assist The Government In Determining The Appropriate Acquisition Method. the Department Of Veterans Affairs (va), Network Contracting Office (nco) 23, Is Conducting Market Research To Identify Potential Sources Which Can Provide The Following:â  statement Of Work mold Remediation Services introduction/background air Quality Testing In A Va Building, Revealed Levels Of Airborne Microbial Particles That Exceed An Acceptable Level For A Healthcare Facility. Due To This Hazard, The Building Has Been Vacated Of All Patients And Staff And Will Remain So Until It Is Safe To Occupy. project Objective remediation Services To Remove Or Clean All Surfaces And Materials Located Inside Building. Building To Be Placed Under Negative Pressure, With Additional Units To Be Used As Air Filtrations. Hvac System To Be Isolated, All Diffusers Removed, Cleaned, Then Set Aside, All Flex Ducting To Be Removed (to Later Be Replaced), And All Duct Openings To Be Sealed. All Carpet In The Building To Be Removed. All Ceiling Tiles In The Building To Be Removed. All Drywall (including Above The Drop Ceiling) That Has Microbial Growth Or Moisture Damage To Be Removed. All Pipe And Ductwork Insulation Showing Evidence Of Growth Or Moisture Damage To Be Removed. All Building Semi And Non-porous Surfaces - Such As But Not Limited To Cabinetry, Countertops, Metal, Glass, Rubber Baseboards, Lighting And Plumbing Fixtures - Needs To Be Thoroughly Disinfected Via Appropriate Cleaning Methods. specifications mold Remediation Technical Specifications part 1 General scope this Specification Covers The Remediation Of Mold Including Removal, Cleanup And Disposal Of Mold Contaminated Materials From A Va Building. The Methods And Procedures In This Specification Are Based On The Observations And Previously Collected Background Air Samples. an Estimate Of The Amount Of Material To Be Removed Or Cleaned Is Not Given. The Determination Of The Actual Amounts, For Bidding Purposes, Is The Responsibility Of The Contractor. By Submitting A Bid, The Contractor Acknowledges That He Has Investigated And Satisfied Himself As To: the Conditions Affecting The Work, Including, But Not Limited To, Physical Conditions Of The Site Which May Affect Site Access, Handling And Storage Of Tools And Materials, Access To Water, Electricity Or Other Utilities, Or Otherwise Affect Performance Of Required Activities. the Character And Quantity Of All Surface And Subsurface Materials Or Obstacles To Be Encountered As Far As This Information Is Reasonably Ascertainable From An Inspection Of The Site, Including Exploratory Work Done By The Building Owner Or A Designated Consultant, As Well As Information Presented In Drawings And Specifications Included With This Contract. Any Failure By The Contractor To Acquaint Himself With Available Information Will Not Relieve Him From The Responsibility For Estimating Properly The Difficulty Or Cost Of Successfully Performing The Work. The Building Owner Is Not Responsible For Any Conclusions Or Interpretations Made By The Contractor On The Basis Of The Information Made Available By The Building Owner. description the Work Specified Herein Shall Be The Remediation Of Mold By Competent Persons trained, Knowledgeable And Qualified In The Techniques Of Remediation, Handling And Disposal Of Mold Contaminated Materials And The Subsequent Cleaning Of Contaminated Areas, Who Comply With All Applicable Federal, State And Local Regulations And Are Capable Of, And Willing To Perform, The Work Of This Contract. the Contractor Shall Supply All Labor, Materials, Services, Insurance, Permits, licenses, Patents, And Equipment Necessary To Carry Out The Work In Accordance With All Applicable Federal, State And Local Regulations And These Specifications. the Contractor Is Responsible For Restoring The Work Area And Auxiliary Areas Utilized During The Remediation To Conditions At Least Equal To Original Conditions. (this Excludes Any Material Removed As Part Of Scope.) Any Damages Caused During The Performance Of Remediation Activities Shall Be Repaired By The Contractor (e.g., Paint Peeled Off By Barrier Tape, Nail Holes, Water Damage, Broken Glass) At No Additional Expense To The Owner. applicable Standards And Guidelines all Work Under This Contract Shall Be Done In Strict Accordance With All Applicable Federal, State, And Local Regulations, Standards, And Codes Governing Mold Remediation And Any Other Trade Work Done In Conjunction With The Remediation. the Most Recent Edition Of Any Relevant Regulation, Standard, Document Or Code Shall Be In Effect. Where Conflict Among The Requirements Or With These Specifications Exists, The Most Stringent Requirements Shall Be Utilized. specific Requirements: title 29, Code Of Federal Regulations, 1926. Occupational Safety And Health Administration (osha), U.s. Department Of Labor. quality Assurance bidders Must Be Licensed As Required By The Iowa Bureau Of Labor. bidders Shall Demonstrate Prior Experience On Mold Remediation Projects Of Similar Nature And Scope Through The Submission Of Letters Of Reference From The Owners Including The Name, Address, And Telephone Numbers Of Contact Person (someone Specifically Familiar With The Contractor's Work) For At Least Three (3) Previous Users Of Service If Requested By The Owners. the Owner Reserves The Right To Reject Bids For Any Reason That Serves The Best Interests Of The Owner Or Building Occupants. The Owner Also Reserves The Right To Waive Any Technicality Or Irregularity In A Bid. Failure To Submit Requested information/documentation Can Result In Automatic Disqualification Of Bid Package. submittals And Notices pre-remediation: submit The Location Of The Landfill To Be Used For Disposal Of The Mold Contaminated Material. submit A List Of All Personnel Who Will Be Involved In The Remediation Activity Including, Supervisors, Workers, And Any Other Personnel Or Agent Who May Be Responsible For Any Aspect Of The Remediation Activities. submit Documentation From A Physician That All Employees Or Agents Have Been Medically Monitored To Determine Whether They Are Physically Capable Of Working While Wearing The Respirator Required Without Suffering Adverse Health Effects. submit Documentation Of Respirator Fit Testing For All Employees And Agents Who Must Enter The Work Area. Document Niosh Approval Of All Respiratory Protective Devices Utilized On-site. submit A List Of Equipment For This Project. with The Owner Or Owner's Representative, Inspect The Premises Wherein All Remediation And Remediation Related Activities Will Occur And Submit A Statement Signed By Both, Agreeing On Building And Fixture Condition Prior To The Commencement Of The Work. submit Manufacturer's Certification That Hepa Vacuums, Negative Pressure Ventilation Units, And Other Local Exhaust Ventilation Equipment Conform To Ansi 29.2-79. when Rental Equipment Is To Be Used In Remediation Areas Or To Transport Mold Contaminated Waste, A Written Notification Concerning Intended Use Of The Rental Equipment Must Be Provided To The Rental Agency With A Copy Submitted To The Owner. during Remediation Activities: submit Weekly Job Progress Reports Detailing Remediation Activities And Progress. submit Copies Of All Transport Manifests, Trip Tickets And Disposal Receipts For All Mold Waste Materials Removed From The Work Area During The Remediation Process. post In The Clean Room Area Of The Worker Decontamination Enclosure: a List Containing The Names, Addresses, And Telephone Numbers Of The Contractor, The Owner, The Assessment Professional, The Testing Laboratory And Any Other Personnel Who May Be Required To Assist During Remediation Activities. a Logbook To Record Names Of All Personnel Who Enter The Work Area. a Copy Of Emergency Procedures. telephone Numbers Of All Emergency Personnel And Principals For This Remediation Project. the Project Will Not Be Considered Completed Until All Submittals Are Received By The Owner. This Will Affect Payment For The Project. site Security the Work Area Is To Be Restricted Only To Authorized, Trained, And Protected Personnel. These May Include The Contractor's Employees, Employees Of subcontractors, Owner Employees And Representatives, State And Local Inspectors And Any Other Designated Individuals. entry Into The Work Area By Unauthorized Individuals Shall Be Reported Immediately To The Owner By The Contractor. access To The Work Area Shall Be Through A Single Worker Decontamination System. All Other Means Of Access (doors, Windows, Hallways, Etc.) Shall Be Blocked Or Locked So As To Prevent Entry To Or Exit From The Work Area. The Only Exceptions For This Rule Are The Waste Pass Out Airlock Which Shall Be Sealed Except During The Removal Of Containerized Mold Waste From The Work Area, And Emergency Exits In Case Of Fire Or Accident. Emergency Exits Shall Not Be Locked From The Inside; However, They Shall Be Sealed With Polyethylene Sheeting And Tape Until Needed. the Contractor Shall Have Control Of Site Security During Remediation Operations Whenever Possible, In Order To Protect Work Efforts And Equipment. contractor Will Have Owner's Assistance In Notifying Building Occupants Of Impending Activity And Enforcement Of Restricted Access By Owner's Employees. emergency Planning emergency Planning Shall Be Developed Prior To Remediation Initiation And Agreed To By Contractor And Owner. emergency Planning Shall Include Considerations Of Fire, Explosion, Toxic Atmospheres, Electrical Hazards, Slips, Trips And Falls, Confined Spaces, And Heat Related Injury. Written Procedures Shall Be Developed And Employee Training In Procedures Shall Be Provided. employees Shall Be Trained In Evacuation Procedures In The Event Of Work Place Emergencies. part 2 Materials And Equipment materials general: deliver All Materials In The Original Packages, Containers, Or Bundles Bearing The Name Of The Manufacturer And The Brand Name. store All Materials Subject To Damage Off The Ground, Away From Wet Or Damp surfaces, And Under Cover Sufficient Enough To Prevent Damage Or Contamination. polyethylene Sheeting For Walls And Stationary Objects Shall Be A Minimum Of 4 Mil Thick. For Floors And All Other Sheeting Of At Least 6 Mil Thickness Shall Be Used In Widths Selected To Minimize The Frequency Of Joints. tape - Duct, Glass Fiber, Or Other Type Capable Of Sealing Adjacent Sheets Of Polyethylene And Capable Of Sealing Polyethylene To Dissimilar Finished Or Unfinished Surfaces Under Both Wet And Dry Conditions Including The Use Of Amended Water. polyethylene Sheeting Utilized For Worker Decontamination Enclosure Shall Be Opaque White Or Black In Color. disposal Bags Shall Be Of 6 Mil Polyethylene. disposal Drums Shall Be Metal Or Fiberboard With Locking Ring Tops. equipment general: a Sufficient Quantity Of Negative Pressure Ventilation Units Equipped With Hepa Filtration Shall Be Utilized To Provide One Workplace Air Change Every 15 Minutes Or A Static Pressure Within The Work Area Of At Least -0.02 Inches Of Water Column. These Ventilation Units Must Be Commercially Produced Units And Not Self-manufactured. Ventilation Units To Be Exhausted Outside.the Contractor Shall Furnish A Copy Of Their Calculations To Obtain This Air Flow Or Static Pressure If Requested By The Owner. air Purifying Respirators Equipped With Hepa Filters Will Be Required. A Sufficient Supply Of Filters Shall Be Available In The Clean Change Area. This Requirement May be Modified By The Assessment Professional If Air Sampling Results Indicate The Need For More Protection. air Purifying Respirators With Dual High Efficiency (hepa) Filters May Be Utilized During Work Area Preparation Activities. Spectacle Kits And Eyeglasses Must Be Provided For Employees Who Wear Glasses And Who Must Wear Full Face Piece Respirators. Respirators Shall Be Provided That Have Been Tested And Approved By The National institute Of Occupational Safety And Health For Use In Mold Contaminated Atmospheres. full Body Disposable Protective Clothing, Including Head, Body And Foot Coverings (unless Using Footwear As Described In Section 2.02 (a)(6) Consisting Of Material Impenetrable By Mold (tyvek Or Equivalent) Shall Be Provided To All Workers In Sizes Adequate To Accommodate Movement Without Tearing. additional Safety Equipment (e.g., Hard Hats, Eye Protection, Safety Shoes Meeting The Applicable Ansi Standard, Disposable Pvc Gloves) As Necessary, Shall Be Provided To All Workers And Authorized Visitors. nonskid Footwear Shall Be Provided To All Remediation Workers. Disposable Clothing Shall Be Adequately Sealed To The Footwear To Prevent Body Contamination. a Sufficient Supply Of Disposable Mops, Rags And Sponges For Work Area Decontamination Shall Be Available. mobile Radios, Telephones, Etc. As Required By The Project Will Be Provided By The Contractor. removal/cleaning Equipment: sufficient Supply Of Scaffolds, Ladders, Lifts And Hand Tools Shall Be Provided As Needed. sprayers With Pumps Capable Of Providing A Water Stream Or Mist For Dust Control. rubber Dustpans And Rubber Squeegees Shall Be Provided For Cleanup. brushes Utilized For Removing Loose Mold Containing Material Shall Have Nylon Or Fiber Bristles, Not Metal. a Sufficient Supply Of Hepa Filtered Vacuum Systems Shall Be Available During Cleanup. part 3 Execution preparation post Caution Signs At Any Location And Approaches To A Location Where Airborne Concentrations Of Mold May Exceed Ambient Background Levels. Additional Signs May Need To Be Posted Following Construction Of Workplace Enclosure Barriers. shut Down And Lock Out Electric Power To All Work Areas As Necessary If Wet Conditions Warrant. Provide Temporary Power And Lighting. Ensure Safe Installation (including Ground Faulting) Of Temporary Power Sources And Equipment By Compliance With All Applicable Electrical Code Requirements And Osha Requirements For Temporary Electrical Systems. shut Down And Lock Out All Heating, Cooling And Air Conditioning System (hvac) Components That Are In, Supply Or Pass Through The Work Area. Seal All Intake And Exhaust Vents In The Work Area With Tape And 6 Mil Polyethylene. Also Seal Any Seams In System Components That Pass Through The Work Area. Remove All Hvac System Filters And Place In Labeled 6 Mil Polyethylene Bags For Staging And Eventual Disposal As Mold Contaminated Waste. due To Hvac Being Offline During Winter Conditions, Contractor To Provide Temporary Heat To Maintain Indoor Temperature Of 60 Degrees Fahrenheit Throughout Building. the Contractor Shall Provide Sanitary Facilities For Remediation Personnel Outside Of The Enclosed Work Area And Maintain Them In A Clean And Sanitary Condition Throughout The Project. seal Off All Windows, Doorways, Elevator Openings, Corridor Entrances, Drains, Ducts, Grills, Grates, Diffusers, Skylights, And Any Other Openings Between The Work Area And Uncontaminated Areas Outside Of The Work Area With 4 Mil Polyethylene Sheeting And Tape. barrier Walls Will Be Constructed Of 4 Mil Polyethylene Sheeting Extending From The Ceiling To Floor. workplace Exits worker Decontamination Enclosure System: worker Decontamination Enclosure Systems Shall Be Provided At All Locations Where Workers Will Enter Or Exit The Work Area. worker Decontamination Enclosure Systems Constructed At The Work Site Shall Utilize 6 Mil Opaque White Or Black Polyethylene Sheeting Or Other Acceptable Materials For Privacy. Detailed Descriptions Of Portable, Prefabricated Units, If Used, Must Be submitted For The Owner's Approval. Plans Must Include Floor Plan With Dimensions, Materials, Size, Thickness, Plumbing, And Electrical Utilities. the Worker Decontamination Enclosure System Shall Consist Of At Least A Clean Room And An Airlock. entry And Exit From The Decontamination Enclosure System Chamber Shall Be Through Curtained Doorways Consisting Of Two Sheets Of Overlapping Polyethylene Sheeting. One Sheet Shall Be Secured At The Top And Left Side, The Other Sheet At The Top And Right Side. Both Sheets Shall Have Weights Attached To The Bottom To Ensure That They Hang Straight And Maintain A Seal Over The Doorway When Not In Use. the Clean Room Shall Be Sized To Adequately Accommodate The Work Crew. Benches Shall Be Provided As Well As Hooks For Hanging Up Street Clothes. Shelves For Storing Respirators Shall Also Be Provided In This Area. Clean Work Clothes: Clean Disposable Clothing, Replacement Filters For Respirators, Towels, And Other Necessary Items Shall Be Provided In Adequate Supply In The Clean Room. A Location For Postings Shall Also Be Provided In This Area. Whenever Possible, A Lockable Door Shall Be Used To Permit Access Into The Clean Room From Outside The Work Area. Lighting, Heat, And Electricity Shall Be Provided As Necessary For Comfort. This Space Shall Not Be Used For Storage Of Tools, Equipment Or Materials, Or As An Office Space. waste Container Pass Out Airlock: the Waste Container Pass Out Airlock Shall Be The Same As The Exit Entry Airlock. emergency Exits: emergency Exits Shall Be Established And Clearly Marked With Duct Tape Arrows Or Other Effective Designations To Permit Easy Identification From Anywhere Within The Work Area. They Shall Be Secured To Prevent Access From Uncontaminated Areas And Still Permit Emergency Exiting. These Exits Shall Be Properly Sealed With Polyethylene Sheeting Which Can Be Cut To Permit Egress If Needed. These Exits May Be The Worker Decontamination Enclosure, The Waste Pass Out Airlock And/or Other Alternative Exits Satisfactory To Fire Officials. isolation Of The Workplace maintenance Of Enclosure Systems: following Completion Of The Construction Of All Polyethylene Barriers And Decontamination System Enclosures, Allow Overnight Settling To Ensure That Barriers Will Remain Intact And Secured To Walls And Fixtures Before Beginning Actual Remediation Activities. all Polyethylene Barriers Inside The Workplace, In The Worker Decontamination Enclosure System, In The Waste Container Pass Out Airlock And At Partitions constructed To Isolate The Work Area From Occupied Areas Shall Be Inspected At Least Twice Daily, Once Prior To The Start Of Each Day's Remediation Activities. Document Inspections And Observations In The Daily Project Log. damage And Defects In The Enclosure System Are To Be Repaired Immediately Upon Discovery. negative Pressure To Be Monitored With A Continuous Reading Device. A Record Of This Shall Be Furnished To The Owner. Use Smoke Tubes To Test The Effectiveness Of The Barrier System When Directed By The Owner. at Any Time During The Remediation Activities After Barriers Have Been Erected, If Visible Material Is Observed Outside Of The Work Area Or If Damage Occurs To Barriers, Work Shall Immediately Stop, Repairs Be Made To Barriers, And Debris/residue Cleaned Up Using Appropriate Hepa Vacuuming And Wet Mopping Procedures. install And Initiate Operation Of Negative Pressure Ventilation Equipment As Needed To Provide One Air Change In The Work Area Every 15 Minutes Or Produce A Static Pressure Of -0.02 Inches Of Water Column. (see Section 2.02 (a)) Openings Made In The Enclosure System To Accommodate These Units Shall Be Made Airtight With Tape And/or Caulking As Needed. If More Than One Unit Is Installed, They Should Be Turned On One At A Time, Checking The Integrity Of Wall Barriers For Secure Attachment And The Need For Additional Reinforcement. Ensure That Adequate Power Supply Is Available To Satisfy The Requirements Of The Ventilating Units. Negative Pressure Ventilation Units Shall Be Exhausted To The Outside Of The Building Whenever Feasible. Additional Negative Pressure Ventilation Units May Be Exhausted Inside The Work Area To Provide Continuous Air Cleaning. They Shall Not Be Exhausted Into Occupied Areas Of The building. Twelve-inch Extension Ducting Shall Be Used To Reach From The Work Area To The Outside When Required. Careful Installation, Air Monitoring And Daily Inspections Shall Be Done To Ensure That The Ducting Does Not Release Fibers Into Uncontaminated Building Areas. once Constructed And Reinforced As Necessary, With Negative Pressure Ventilation Units In Operation As Required, Test Enclosure For Leakage Utilizing Smoke Tubes. Repair Or Reconstruct As Needed. workplace Entry And Exit Procedures personnel Entry And Exit: all Workers And Authorized Personnel Shall Enter The Work Area Through The Worker Decontamination Enclosure System. Workers Shall Not Eat, Chew, Or Smoke Once They Have Entered The Work Area. Eating May Take Place Just Outside The Clean Room. Smoking, At Any Time During The Project, Is Prohibited On The Campus. all Personnel, Before Entering The Work Area, Shall Read And Be Familiar With All Posted Regulations, Personal Protection Requirements (including Workplace Entry And Exit Procedures) And Emergency Procedures. A Sign Off Sheet Shall Be Used To Acknowledge That These Procedures Have Been Reviewed And Understood By All Personnel Prior To Entry. all Personnel Shall Proceed First To The Clean Room And Appropriately Don Respiratory Protection And Launderable And/or Disposable Coveralls, Head Covering, And Foot Covering. Hard Hats, Eye Protection, And Gloves Shall Also Be Utilized If Required. Clean Respirators And Protective Clothing Shall Be Provided And Utilized By Each Person For Each Separate Entry Into The Work Area. personnel Wearing Designated Personal Protective Equipment Shall Proceed From The Clean Room Through The Airlock Into The Main Work Area. before Leaving The Work Area All Personnel Shall Remove Gross Contamination From The Outside Of Respirators And The Outer Protective Clothing By Brushing And/or Wet Wiping Procedures. Each Person Shall Clean Bottoms Of Protective Footwear Just Prior To Entering The Airlock. personnel Shall Proceed To The Airlock Where They Remove The Outer Protective equipment Except Respirators. Deposit Disposable And/or Launderable Clothing Back Into The Work Area Into Appropriately Labeled Containers For Disposal And/or laundering. reusable, Contaminated Footwear Shall Be Stored In The Airlock When Not In Use In The Work Area. Upon Completion Of Remediation, It Shall Be Disposed Of As Mold Contaminated Waste. Rubber Boots May Be Decontaminated At The Completion Of The Remediation Project For Reuse. still Wearing Respirators, Personnel Shall Proceed To The Clean Room, Clean The Outside Of The Respirators And The Exposed Face Area Under Running Water Prior To Removal Of Respirator. Various Types Of Respirators Will Require Slight Modification Of These Procedures. don Clean Disposable And/or Launderable Clothing If There Will Be Later Reentry Into The Work Area Or Street Clothes If It Is The End Of The Work Shift. these Procedures Shall Be Posted In The Clean Room And Equipment Room. waste Container Pass Out Procedures: mold Contaminated Waste That Has Been Containerized Shall Be Transported Out Of The Work Area Through The Waste Container Pass Out Airlock Or Through The Worker Decontamination Enclosure If A Separate Airlock Has Not Been Construction. waste Pass Out Procedures Shall Utilize Two Teams Of Workers, An "inside" Team And An "outside" Team. the Inside Team Wearing Appropriate Protective Clothing And Respirators For Inside The Work Area Shall Clean The Outside, Including Bottoms, Containers (bags, Drums, Or Wrapped Components) Using Hepa Vacuums And Wet Wiping Techniques And transport Them Into The Waste Container Pass Out Airlock. the Outside Team, Wearing Appropriately Assigned Respirators, Shall Enter The Airlock From The Outside Of The Work Area, Remove Them From The Airlock To The Outside. No Worker From The Outside Team Shall Further Enter The Work Area Through This Airlock. The Exit From This Airlock Shall Be Secured When Not In Use To Prevent Unauthorized Entry. personnel Protection Requirements training: prior To Commencement Of Remediation Activities, The Contractor Shall Have One Person Designated As A Competent Supervisor. This Person Shall Be On-site At All Times. special On-site Training On Equipment And Procedures Unique To This Job Site Shall Be Performed As Required. training In Emergency Response And Evaluation Procedures Shall Be Provided. respiratory Protection: all Respiratory Protection Shall Be Provided To Workers In Accordance With The Written Respiratory Protection Program, Which Includes All Items In osha 29 Cfr 1910.134 (b)(1-11). This Program Shall Be Posted In The Clean Room Of The Worker Decontamination Enclosure System. workers Shall Be Provided With Personally Issued, Individually Identified Respirators. respirator Types Shall Be Utilized According To The Following Schedule: full Face Air Purifying Respirators With Dual Hepa Filters Shall Be Utilized By Workers During Remediation Operations. full Face Powered Air Purifying Respirators Equipped With Hepa Filters May Be Used During Remediation Activities. fit Testing: workers Must Perform Positive And Negative Air Pressure Fit Tests Each Time A Respirator Is Put On, Wherever The Respirator Design So Permits. Powered Air Purifying Respirators Shall Be Tested For Adequate Flow As Specified By The manufacturer. workers Shall Be Given A Qualitative Fit Test In Accordance With Procedures Detailed In The Osha Lead Standard (29 Cfr 1910.1025, Appendix D, Qualitative Fit Test Protocols) For All Respirators To Be Used On This Remediation Project. An Appropriate administered Quantitative Fit Test May Be Substituted For The Qualitative Fit Test. documentation Of Adequate Respirator Fit Must Be Provided To The Owner. no One Wearing A Beard Shall Be Permitted To Don A Respirator And Enter The Work Area. protective Clothing: disposable Clothing Including Head, Foot, And Full Body Protection Shall Be Provided In Sufficient Quantities And Adequate Sizes For All Workers And Authorized Visitors. launderable Clothing, If Required, Shall Be Provided In Sufficient Quantities And Adequate Sizes For All Workers And Authorized Visitors. hard Hats, Protective Eyewear, Gloves, Rubber Boots, And/or Other Footwear Shall Be Provided As Required For Workers And Authorized Visitors. Safety Shoes May Be Required For Some Activities. commencement Of Work enclosure Systems Have Been Constructed And Tested. negative Pressure Ventilation Systems Are Functioning Adequately. all Pre-remediation Submissions, Notifications, Postings, And Permits Have Been Provided And Are Satisfactory To The Owner. all Equipment For Remediation, Cleanup, And Disposal Are On Hand. all Worker Training Is Completed. contractor Receives Written Permission From The Owner To Commence Remediation. removal/cleaning Procedures protection Of Materials Not Being Removed: materials That Are Not Being Removed Are To Be Protected From Any Damage That May Occur During Work. The Acoustic Ceiling Tile Suspension Grid Is To Be Cleaned Yet Remain In Place And Is Not To Be Damaged During The Removal Of The Tiles. level One: clean And Isolate Active Work Areas In Accordance With Section 3.01. wet All Mold Containing Materials With An Approved Biocide Solution Using Equipment Capable Of Providing A Fine Spray Mist, To Reduce Airborne Concentrations When The Material Is Disturbed. Keep All Removed Material Wet Enough To Prevent Release Until It Can Be Containerized For Disposal. removal And Cleaning: all Acoustic Ceiling Tiles, All Carpet Throughout The Entire Building Are To Be Removed And Properly Disposed Of. non-porous Materials - All Non-porous Surfaces Are To Be Cleaned Using A detergent Solution Or Solution Of Contractor's Choice That Will Re Move Mold. Hepa Vacuums May Be Used Along With The Solution For Cleaning. all Materials Need To Be Dried. Examples Of Non-porous Materials Include: metal glass hard Plastics plumbing Fixtures all Hvac Diffusers Are To Be Removed, Thoroughly Cleaned (as Detailed Above) And Set Aside Per Owner S Direction To Be Re-installed Later. semi-porous (e.g. Wood Doors, Unsealed Concrete) All Semi-porous Surfaces Are To Be Cleaned Using A Detergent Solution Or Solution Of Contractor's Choice That Will Remove Mold. This Solution Must Be Approved By Owner. Hepa Vacuums May Be Used Along With The Solution For Cleaning. All Materials Need To Be Dried. Examples Of Semi-porous Materials Include: wood concrete porous Materials - Remove All Porous Materials Where Visible Mold Growth Or Evidence Of Moisture Is Present. The Materials Should Be Removed, Bagged And Discarded. Examples Of Porous Materials Include: drywall insulation Of All Types carpet (all Being Removed, Regardless Of Evidence) acoustic Ceiling Tiles (all Being Removed, Regardless Of Evidence) containers (6 Mil Polyethylene Bags) Shall Be Sealed When Full. Bags Shall Not Be Overfilled. They Should Be Securely Sealed To Prevent Accidental Opening And Leakage By Tying Tops Of Bags In An Overhead Knot Or By Taping In gooseneck Fashion. Do Not Seal Bags With Wire Or Cord. Bags Shall Be Decontaminated On Exterior Surfaces By Wet Cleaning And Hepa Vacuuming. large Components Removed Intact May Be Wrapped In 2 Layers Of 6 Mil Polyethylene Sheeting Secured With Tape For Transport To The Landfill. mold Containing Waste With Sharp Edged Components (e.g., Nails, Screws, Metal Lath, Tin Sheeting) Will Tear The Polyethylene Bags And Sheet And Shall Be Reinforces With Extra Bags Or Wrapping. cleanup Procedure remove And Containerize All Visible Accumulations Of Mold Containing Material And Mold Contaminated Debris Utilizing Rubber Dust Pans, Rubber Squeegees, Hepa vacuums, Etc. remove All Containerized Waste From The Work Area And Waste Container Pass Out Airlock. decontaminate All Tools And Equipment And Remove At The Appropriate Time In The Cleaning Sequence. inspect The Work Area For Visible Residue. If Any Accumulation Of Residue Is Observed, It Will Be Assumed To Be Mold And The Work Area Must Be Re-cleaned. the Work Area Shall Be Cleaned Until It In Compliance With Criteria Agreed Upon By The Contractor And Owner Prior To Initiation Of Remediation Activities. following The Satisfactory Completion Of Clearance Criteria Remaining Barriers May Be Removed And Properly Disposed Of. A Final Visual Inspection By The Owner Shall Ensure That No Contamination Remains In The Work Area. Unsatisfactory Conditions May Require Additional Cleaning And Air Monitoring (see Section 3.11, Reestablishment Of The Work Area). clearance Testing following The Completion Of Cleanup Operations, The Remediation Contractor Shall Notify The Owner (or Industrial Hygiene Consultant Selected By Owner) When The Building Area Is Ready For Clearance Testing. Remediation Contractor Will Not Be Responsible For Performing Clearance Testing. The Owner (via Contracted Industrial Hygienist) Shall Arrange For Collecting Samples. 3.10 Disposal Procedures general: as The Work Progresses, To Prevent Exceeding Available Storage Capacity Onsite, Sealed And Labeled Containers Of Mold Containing Waste Shall Be Removed And Stored In The Dumpster On-site Until It Is Transported To The Prearranged Disposal Location. all Waste Shipment Records Shall Be Delivered To The Owner. A Recommended Record Keeping Format Utilizes The Waste Shipment Record (wsr) Which Includes The Names And Addresses Of The Generator (owner), Contractor, Transporter, And Disposal Site, The Estimated Quantity Of The Mold Waste And The Type Of Containers Used. transportation To The Landfill: once Drums, Bags And Wrapped Components Have Been Removed From The Work Area, They Shall Be Loaded Into An Enclosed Truck Or Dumpster For Transportation. any Debris Or Residue Observed On Containers Or Surfaces Outside Of The Work Area Resulting From Cleanup Or Disposal Activities Shall Be Immediately Cleaned Up Using Hepa Filtered Vacuum Equipment And/or Wet Methods As Appropriate. large Metal Dumpsters Are Sometimes Used For Mold Waste Disposal. These Should Have Doors Or Tops That Can Be Closed And Locked To Prevent Vandalism Or Other Disturbance Of The Bagged Mold Debris And Wind Dispersion Of Mold Fibers. Bags Shall Be Placed, Not Thrown, Into These Containers To Avoid Splitting. disposal At The Landfill: upon Reaching The Landfill, Trucks Are To Approach The Dump Location As Closely As Possible For Unloading Of The Mold Containing Waste. bags, Drums, And Components Shall Be Inspected As They Are Off Loaded At The Disposal Site. Waste Containers Shall Be Placed On The Ground At The Disposal Site, Not Pushed Or Thrown Out Of The Trucks. following The Removal Of All Containerized Waste, The Truck Cargo Area Shall Be Decontaminated Using Hepa Vacuums And/or Wet Methods To Meet The No Visible Residue Criteria. 3.11 Re-establishment Of The Work Area And Systems re-establishment Of The Work Area Shall Only Occur Following The Completion Of Cleanup Procedures And After Clearance Criteria Have Been Met And Documented To The Satisfaction Of The Owner. the Contractor And Owner Shall Visually Inspect The Work Area For Any Remaining Visible Residue. Evidence Of Contamination Will Necessitate Additional Cleaning Requirements In Accordance With Section 3.07. following Satisfactory Clearance Of The Work Area, Remaining Polyethylene Barriers May Be Removed And Disposed Of As Mold Contaminated Waste. at The Discretion Of The Contractor, Mandatory Requirements For Personal Protective Equipment May Be Waived Following The Removal Of All Barriers. re-secure Mounted Objects Removed From Their Former Positions During Area Preparation Activities. relocate Objects That Were Removed To Temporary Locations Back To Their Original Positions. reestablish Hvac, Mechanical And Electrical Systems In Proper Working Order. Remove Contaminated Hvac System Filters And Dispose Of As Mold Contaminated Waste. Decontaminate Filter Assembly Using Hepa Vacuums And Wet Cleaning Techniques. Install New Filters In Hvac Systems. Dispose Of Old Filters. repair All Areas Of Damage That Occurred Because Of Remediation Activities. period Of Performance upon Notice To Proceed, Contractor Shall Have 30 Calendar Days To Complete The Scope Detailed In This Document.

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Construction Of Accessible Stairs To Municipal Evacuation Center Phase I Barangay Sta Potenciana, Mapanas Northern Samar Contract Reference No. 2025-01-03 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Construction Of Accessible Stairs To Municipal Evacuation Center Phase I, Brgy. Sta Potenciana, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The 20% Economic Development Fund (edf) Of Fy 2025 Intends To Apply The Sum Of Three Million Nine Hundred Sixty Four Thousand Three Hundred Fifty Eight Pesos 83/100 Only (p3,964,358.83) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Accessible Stairs To Municipal Evacuation Center Phase I, Brgy. Sta Potenciana, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Accessible Stairs To Municipal Evacuation Center Phase I, Brgy. Sta Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 109.54 Cu.m 804(4) Gravel Bedding 20.09 Cu.m 804 Embankment 186.32 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 226.00 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 1440.00 Kg. 903 Formworks And Falseworks 113.17 Sq.m. 1047 Metal Structures 1,235.10 In.m. 505(2)a Grouted Riprap 115.10 Cu.m. 200(1) Aggregate Sub Base Course 56.00 Cu.m 201(1) Aggregate Base Course 42 Cu.m 311 Pcc Pavement (plain)-conventional Method, 200mm Thk. 280 Sq.m. Completion Of The Works Is Required 180 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Accessible Stairs To Municipal Evacuation Center Phase I, Brgy. Sta Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 109.54 Cu.m 804(4) Gravel Bedding 20.09 Cu.m 804 Embankment 186.32 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 226.00 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 1440.00 Kg. 903 Formworks And Falseworks 113.17 Sq.m. 1047 Metal Structures 1,235.10 In.m. 505(2)a Grouted Riprap 115.10 Cu.m. 200(1) Aggregate Sub Base Course 56.00 Cu.m 201(1) Aggregate Base Course 42 Cu.m 311 Pcc Pavement (plain)-conventional Method, 200mm Thk. 280 Sq.m. Completion Of The Works Is Required 180 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In 1.2. 1.3. Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.4. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Construction Of Accessible Stairs To Municipal Evacuation Center Phase I Brgy. Sta Potenciana, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2025-01-03___ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2025. The Name Of The Project Is: Construction Of Accessible Stiars To Municipal Evacuation Center Phase I, Brgy. Sta Potenciana, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php3,964,358.83 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 60 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 79,287.17 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P198,217.94 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 180 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Construction Of Accessible Stairs To Municipal Evacuation Center Phase I, Brgy. Sta Potenciana, Mapanas Northern Samar B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 109.54 Cu.m 804(4) Gravel Bedding 20.09 Cu.m 804 Embankment 186.32 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 226.00 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 1440.00 Kg. 903 Formworks And Falseworks 113.17 Sq.m. 1047 Metal Structures 1,235.10 In.m. 505(2)a Grouted Riprap 115.10 Cu.m. 200(1) Aggregate Sub Base Course 56.00 Cu.m 201(1) Aggregate Base Course 42 Cu.m 311 Pcc Pavement (plain)-conventional Method, 200mm Thk. 280 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Construction Of Accessible Stiars To Municipal Evacuation Location : Brgy. Magtaon, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each A. A. Tarpaulin (8’x8’) 1.00 Pc B. Plywood Marine (1/4” X1.2m X1.2m X 2.44m) 2.00 Pc C. Coco Lumber, 2”x3” X 12” 84.00 Bd.ft. D. Common Nails Assorted 1.00 Kg Labor Requirement Foreman 1.00 1.00 Skilled Carpenter 1.00 1.00 Unskilled 1.00 1.00 B.7 Construction Safety And Health Program A. Safety Helmet 1.00 Pc. B. Safety Shoes 1.00 Pc. C. Safety Vest 1.00 Pc. D. Working Gloves 1.00 Pc. E. Facemask (surgical/cloth) 5.00 Pc. F. Eye Googles 1.00 Pc. G. Sanitizing Solution 1.00 Lit. H. Ethyl Alcohol 1.00 Lit. I. Disinfectant Spray 1.00 Can J. Liquid Hand Soap 1.00 Lit. Environmental Mitigating Cost A. Plywood Ordinary (¼” X 1.2m X 2.44m) 1.00 Pc. B. Coco Lumber (2” X 2” X 12’) 32.00 Pcs. C. Qde White Enamel 2.00 Lit. D. Qde Red 1.00 Pint E. Qde Green 1.00 Pint F. Qde Blue 1.00 Pint G. Paint Brush, 2” 1.00 Pc. H. Lettering Brush 1.00 Pc. I. Cwn 2” 1.00 Kg. J. Cwn ½” 1.00 Kg. K. Trapal, 12’ X 12’ 1.00 Unit Labor Requirement Safety Officer 1.00 15 Days Health Personnel (full Time First Aider) 1.00 15 Days Sanitation Aide 1.00 15 Days Material A. Gravel G1-1/2 20.00 Cu.m. 804 Embankment A. Common Borrow (w/ 25% Shrinkage Factor) 187.00 Cu.m. Labor Requirement Foreman 1.00 18.00 Days Unskilled 1.00 18.00 Days Material A. Portland Cement, Type 1 592.00 Bag B. Gravel, ¾” 53.00 Cu.m. C. Sand, Washed 33.00 Cu.m. Labor Requirement Foreman 1.00 15.00 Days Skilled Mason 2.00 15.00 Days Unskilled 8.00 15.00 Days 902(1)a Reinforcing Steel, Deformed Grade 40 Material A. Rsb, Deformed, 10mmo 4,841.76 Kgs. B. Tie Wire # 16 54.00 Kg Equipment Bar, Cutter, Single Phase 1.00 16 Days Labor Requirement Foreman 1.00 16 Days Skilled Steel Man 4.00 16 Days Unskilled 4.00 16 Days 903 Formworks And Falsworks 113.17 Sq.m. Material Forms (2 Uses) A. Plywood Ordinary (1/4” X 1.2m X 2.44m) 21.00 Pc. B. Good Lumber, 2”x3”x12’ 121.00 Pc. C. Cwn 1” 26.00 Kg. Scaffoldings (2 Uses) A. Good Lumber, 2” X 3” X 12’ 142.00 Pc. B. Coco Lumber, 2” X 3” X 12 182.00 Pc. C. Cwn 4” 120.00 Kg. Labor Requirement Foreman 1.00 6.00 Days Skilled Carpenter 2.00 6.00 Days Unskilled 4.00 6.00 Days 1047 Metal Structures A. Gi Pipe Schedule 40 Dia (38mm) 206.00 Pc. B. Welding Rod 233.00 Kg. C. Paint Red Lead, Epoxy Paint 10.00 Gal. D. Paint Brush, 2” 8.00 Pc. Labor Derivation (subsidiary Work Description) Truss Fabrication And Installation (including Purlins) Fabrication And Install: 1 Gang=1 Foreman, 1-welder, 3 Laborers Capability: 18 In.m./day/gang 1,235.10 18.00 Labor Requirement Foreman 1.00 69.00 Days Skilled Welder 1.00 69.00 Days Unskilled 3.00 69.00 Days 200(1) Aggregate Sub Base Corse Labor Labor A. Construction Foreman 1.00 1 C. Unskilled Laborer 1.00 2 Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10ml.), Sd 100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 Materials A. Aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 201(1) Aggregate Base Course 42.00 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Equipment A. Motorized Road Grader 1.00 1 B. Vibratory Roller (10 Ml.) Sd1000c 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 Materials A. Aggregate Subbase Course 1.15 Cu.m. 311(1)a.2 Pcc Pavement (plain)-conventional Method, 200mm Thk. Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. Unskilled Laborer 1.00 12 Equipment A. Transit Mixer (5-6 Cu. Yd) 1.00 4.00 B. Concrete Vibrator 1.00 2.00 C. Concrete Batch Plant (30 Cu.m.) 1.00 1 D. Payloader (1.50 Cu.m.), Lx80-2c 1.00 1 E. Concrete Screeder (5.5 Hp) 1.00 1 F. Water Truck/pump (16000l) 1.00 1 G. Concrete Saw, Blade O14”(7.5hp) 1.00 1 H. Bar Cutter Single Phase 0.10 1 I. Joint Sealer Machine 0.25 1 Materials A. Reinforcing Steel Bar, Grade 40 0.39 Kg. B. Curing Compound 0.29 Lit. C. Asphalt Sealant 0.12 Lit. D. Steel Forms (rental) 0.46 I.m. E. Sand 0.1100 Cu.m. F. Gravel 0.20 Cu.m. G. Portland Cement, Type 1 1.90 Bag H. Concrete Saw (diamond Blade 14”) 0.00015 Pc. I. Pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. 505(2)a Grouted Riprap Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. Unskilled Laborer 1.00 8 Equipment A.one Bagger 1.00 1 B.water Truck (16000 L) 0.05 1 Materials A. Portland Cement 3.00 Bag B. Sand 0.25 Cu.m. C. Gravel Fill 0.015 Cu.m. D. Weep Holes (pvc) 0.30 M. E. Filter Cloth 0.015 Sq.m. F. Boulder (15-25 Kg.) 1.05 Cu.m. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Accessible Stairs To Municipal Evacuation Center Phase 1, Brgy. Sta Potenciana, Mapanas, N. Samar B.5 Project Billboard/signboard 1.00 Lot 9,015.36 10,959.69 B.7 (2) Construction Safety And Health 1.00 Lot 36,645.00 36,645.00 B.9 Mobilization/demobilization 1.00 Lot 12,528.00 12,528.00 103(1)a Structure Excavation (common Soil) 109.54 Cu.m. 376.50 41,242.08 804(4) Gravel Bedding 20.09 Cu.m 2,775.33 55,752.80 804 Embankment 186.32 Cu.m. 1,006.26 187,483.20 900(1)c1 Structural Concrete (class A), 28 Days 65.77 Cu.m. 7,333.26 482,280.00 902(1)a Reinforcing Steel, Deformed Grade 40 4,841.76 Kg. 83.46 404,093.28 903 Formworks And Falseworks 113.17 Sq.m. 1,817.10 205,645.12 1047 Metal Structures 1,235.10 In.m. 389.60 481,199.40 505(2)a Grouted Riprap 115.10 Cu.m. 4,284.76 493,188.73 200(1) Aggregate Sub Base Course 56.00 Cu.m. 1,243.72 69,648.32 201(1) Aggregate Base Course 42.00 Cu.m. 2,166.59 90,996.78 311 Pcc Pavement (plain) Conventional Method, 200mm Thk 280.00 Sq.m. 1,644.93 460,580.40 Total 3,030,298.47 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Construction Of Accessible Stairs To Municipal Evacuation Center Phase I , Barangay Magtaon , Mapanas N. Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Construction Of Del Norte Multi-purpose Gym Phase I Barangay Del Norte, Mapanas Northern Samar Contract Reference No. 2025-01-04 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The20% Economic Development Fund (edf) Of Fy 2025 Intends To Apply The Sum Of One Million Nine Hundred Eighty Two Thousand Six Hundred Ninety Two Pesos 35/100 Only (p1,982,692.35) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar B.3 Permits & Clearances 1.00 Lot B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 39.14 Cu.m 804(4) Gravel Bedding 33.76 Cu.m 804 Embankment 311.65 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 3,082.58 Kg. 903 Formworks And Falseworks 184.89 Sq.m. 1046 Masonry Works 104.40 Sq.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar B.3 Permits & Clearances 1.00 Lot B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 39.14 Cu.m 804(4) Gravel Bedding 33.76 Cu.m 804 Embankment 311.65 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 3,082.58 Kg. 903 Formworks And Falseworks 184.89 Sq.m. 1046 Masonry Works 104.40 Sq.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In 1.2. 1.3. Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.4. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Construction Of Del Norte Multi-purpose Gym Phase I Brgy. Del Norte, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2025-01-04__ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2024. The Name Of The Project Is: Construction Of Multi-purpose Gym Center Phase I, Brgy. Del Norte, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php1,982,692.35 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 60 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 39,653.85 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P99,134.62 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 90 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas Northern Samar B.3 Permits & Clearances 1.00 Lot B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 39.14 Cu.m 804(4) Gravel Bedding 33.76 Cu.m 804 Embankment 311.65 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 3,082.58 Kg. 903 Formworks And Falseworks 184.89 Sq.m. 1046 Masonry Works 104.40 Sq.m. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Construction Of Del Norte Multi-purpose Gym Phase I Location : Brgy. Del Norte, Mapanas, Northern Samar Item No. Description Qty. Unit. B.3 Permits & Clearances 1.00 Is. Filing And Processing Of Permits (building Permit; Occupancy Permit, Utility Power A. Company Approval; Denr Permit And All Other Required Environmental Permit, If Applicable) And Other Required Fees. 1.00 Is. B. Notary 1.00 I.s. C. Signing Of Electrical Plans & Permit By Professional Electrical Engineer 1.00 I.s D. Fire Safety Clearance 1.00 Is B.5 Project Billboard/signboard 1.00 Each A. A. Tarpaulin (8’x8’) 1.00 Pc B. Plywood Marine (1/4” X1.2m X1.2m X 2.44m) 2.00 Pc C. Coco Lumber, 2”x3” X 12” 42.00 Bd.ft. D. Common Nails Assorted 1.00 Kg Labor Requirement Foreman 1.00 1.00 Skilled Carpenter 1.00 1.00 Unskilled 1.00 1.00 B.7 Construction Safety And Health Program A. Safety Helmet 3.00 Pc. B. Safety Shoes 3.00 Pc. C. Safety Vest 3.00 Pc. D. Working Gloves 3.00 Pc. E. Facemask (surgical/cloth) 5.00 Pc. F. Eye Googles 3.00 Pc. G. Sanitizing Solution 3.00 Lit. H. Ethyl Alcohol 3.00 Lit. I. Disinfectant Spray 3.00 Can J. Liquid Hand Soap 3.00 Lit. Environmental Mitigating Cost A. Plywood Ordinary (¼” X 1.2m X 2.44m) 1.00 Pc. B. Coco Lumber (2” X 2” X 12’) 64.00 Pcs. C. Qde White Enamel 2.00 Lit. D. Qde Red 1.00 Pint E. Qde Green 1.00 Pint F. Qde Blue 1.00 Pint G. Paint Brush, 2” 2.00 Pc. H. Lettering Brush 1.00 Pc. I. Cwn 2” 1.00 Kg. J. Cwn ½” 1.00 Kg. K. Trapal, 12’ X 12’ 1.00 Unit Labor Requirement Safety Officer 1.00 7 Days Health Personnel (full Time First Aider) 1.00 7 Days Sanitation Aide 1.00 7 Days Material A. Gravel G1-1/2 20.00 Cu.m. 804 Gravel Bedding A. Gravel G1-1/2 33.76 Cu.m. Labor Requirement Foreman 1.00 8.00 Days Unskilled 1.00 8.00 Days 804 Embankment A. Common Borrow (w/ 25% Shrinkage Factor) 293.25 Cu.m. Labor Requirement Foreman 1.00 30.00 Days Unskilled 8.00 30.00 Days 900(1)c1 Structural Concrete (class A), 28 Days Material A. Portland Cement, Type 1 446.00 Bag B. Gravel, ¾” 40.00 Cu.m. C. Sand, Washed 25.00 Cu.m. Labor Requirement Foreman 1.00 22.00 Days Skilled Mason 2.00 22.00 Days Unskilled 8.00 22.00 Days 902(1)a Reinforcing Steel, Deformed Grade 40 Material A. Rsb, Deformed, 10mmo 957.26 Kgs. B. Rsb, Deformed, 16mmo 1,981.32 Kgs. B. Tie Wire # 16 144.00 Kg Equipment Bar, Cutter, Single Phase 1.00 10 Days Labor Requirement Foreman 1.00 10 Days Skilled Steel Man 4.00 10 Days Unskilled 4.00 10 Days 903 Formworks And Falsworks 184.89 Sq.m. Material Forms (2 Uses) A. Plywood Ordinary (1/4” X 1.2m X 2.44m) 14.00 Pc. B. Good Lumber, 2”x3”x12’ 77.00 Pc. C. Cwn 1” 16.00 Kg. Scaffoldings (2 Uses) A. Good Lumber, 2” X 3” X 12’ 255.00 Pc. B. Coco Lumber, 2” X 3” X 12 327.00 Pc. C. Cwn 4” 79.00 Kg. Labor Requirement Foreman 1.00 7.00 Days Skilled Carpenter 2.00 7.00 Days Unskilled 4.00 7.00 Days Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Del Norte Multi-purpose Gym Phase 1, Brgy. Del Norte, Mapanas, N. Samar B.3 Permits & Clearances 1.00 Lot 8,600.00 8,600.00 B.5 Project Billboard/signboard 1.00 Lot 5,409.36 5,409.36 B.7 Construction Safety And Health 1.00 Lot 36,857.00 36,857.00 B.9 Mobilization/demobilization 1.00 Lot 12,528.00 12,528.00 103(1)a Structure Excavation (common Soil) 39.14 Cu.m. 383.17 14,997.12 804(4) Gravel Bedding 33.76 Cu.m 2,772.64 93,606.98 804 Embankment 311.65 Cu.m. 967.18 301,422.00 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 8,799.79 435,308.00 902(1)a Reinforcing Steel, Deformed Grade 40 3,082.58 Kg. 83.78 258,244.82 903 Formworks And Falseworks 184.89 Sq.m. 1,074.20 198,608.64 1047 Masonry Works 104.40 Sq.m. 1,503.50 156,965.44 Total 3,030,298.47 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Construction Of Del Norte Multi-purpose Gym Phase I , Barangay Del Norte , Mapanas N. Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.