Plywood Tenders

Details: Description Republic Of The Philippines Province Of Davao Del Sur Municipality Of Santa Cruz -ooo- Bids And Awards Committee Invitation To Bid For The Procurement Of 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Federico Yap National High School, Astorga, Sta. Cruz, Davao Del Sur (itb No. 09-goods-2025) 1. The Local Government Unit Of Sta. Cruz, Davao Del Sur, Through The Special Educational Funds For The 2025 Intends To Apply The Total Sum Of Seven Hundred Sixty Three Thousand Eight Hundred Sixty Two And 95/100 (763,862.95) Pesos Being The Total Abc To Payments Under The Contract For The Procuremnet Of 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Federico Yap National High School, Astorga, Sta. Cruz, Davao Del Sur. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Item No. Qty. Unit Of Issue Item Description Cost Per Item Total Item Cost 1 Lot Construction And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Fedirico Yap National High School 1 54 Bgs Portland Cement (40 Kgs.) 260.00 14,040.00 2 10 M³ Course Sand 1,500.00 15,000.00 3 328 Pcs Chb #4 18.00 5,904.00 4 10 M³ Mountain Mix 1,200.00 12,000.00 5 10 Lngth 4"ø Pvc Pipe S-1000 1,120.00 11,200.00 6 16 Shts 5m X 1.1m Rib Type Roofing ( Roofing) 1,000.00 16,000.00 7 180 Bdft 2" X 3" X 10' Purlins 35.00 6,300.00 8 534 Bdft 2" X 4" X 10' Coco Lumber(truss And Column) 35.00 18,690.00 9 668 Bdft 2" X 2" X 10' Coco Lumber (bracing) 35.00 23,380.00 10 14 Lengths 1 X 1 X 1.2mm Tubular (handwashing) 250.00 3,500.00 11 90 Mtrs Trapal (roofing, Walling, Door) 175.00 15,750.00 12 4 Kls Umbrella Nails 120.00 480.00 13 10 Kls #4 Cwn 120.00 1,200.00 14 10 Kls #3 Cwn 120.00 1,200.00 15 10 Kls #2 1/2 Cwn 120.00 1,200.00 16 10 Kls #1 1/2 Cwn 120.00 1,200.00 17 20 Rolls Lugpet 390.00 7,800.00 18 2 Pcs Gun Tacker With (staple Refill) 750.00 1,500.00 19 24 Pcs Hinges 70.00 1,680.00 20 12 Sets S3way Switch (liso) 182.00 2,184.00 21 12 Pcs Single Gang Plate 55.00 660.00 22 12 Pcs Plastic Switch Box 91.00 1,092.00 23 80 Mtrs Pdx Wire # 14 54.00 4,320.00 24 6 Pcs Pvc J-box W/ Cover 39.00 234.00 25 6 Pcs Pvc Receptacle 2 X 2 58.00 348.00 26 6 Pcs Led Bulb 7w, 230v 312.00 1,872.00 27 2 Pcs Heavy Duty Male Plug 78.00 156.00 28 2 Roll Electrical Tape Big 91.00 182.00 29 4 Lgths 1"ø Ppr Pipe 1,300.00 5,200.00 30 12 Lgths 1/2"ø Ppr Pipe 500.00 6,000.00 31 32 Pcs 1"ø X 1/2"ø Ppr Tee 150.00 4,800.00 32 20 Pcs 1/2"ø Ppr Elbow 70.00 1,400.00 33 4 Pcs 1/2"ø Ppr Tee 220.00 880.00 34 36 Pcs 1/2"ø Ppr Elbow W/ Female Thread Adaptor 215.00 7,740.00 35 4 Pcs Teplon 45.00 180.00 36 12 Pcs Ordinary Faucet 150.00 1,800.00 37 24 Lgths Faucet With Shower Combination 750.00 18,000.00 38 12 Pcs Ordinary Kitchen Sink 550.00 6,600.00 39 12 Lgths 2''ø Pvc Pipe S-1ooo 400.00 4,800.00 40 10 Pcs 2''ø Pvc Elbow S-1000 75.00 750.00 41 12 Pcs 2''ø Pvc Tee S-1000 85.00 1,020.00 42 2 Can Solvent Cement 150.00 300.00 43 120 Pcs Chb #4 18.00 2,160.00 44 15 Lengths Drb 10mmx6m 240.00 3,600.00 45 2 Kls. Tie Wire 16 105.00 210.00 46 2 C.m. Coarse Sand 1,500.00 3,000.00 47 10 Bags Portland Cement (40 Kgs.) 260.00 2,600.00 48 2 Unit Cb Enclosure Single Nema 3r W/ 30a Cb Bolt-on Type 1,120.00 2,240.00 49 2 Box Pdx Wire 14 4,000.00 8,000.00 50 1 Box Staple Wire ¾ 75.00 75.00 51 2 Roll Electrical Tape Big 75.00 150.00 52 2 Pcs. Pvc J-box W/cover & Screws 43.00 86.00 53 10 Pcs. Screw Insulator Big 85.00 850.00 54 2 Lengt Pvc Pipe ¾ Pns14 160.00 320.00 55 10 Length Pvc Pipe ½ Pns14 115.00 1,150.00 56 10 Pcs. Pvc Clamp ¾ 6.00 60.00 57 30 Pcs. Pvc Clamp ½ 5.00 150.00 58 2 Units Pe Storage Tank 2000 Liters Vertical Mounted 33,200.00 66,400.00 59 2 Unit Stainless Pressurize Tank 82 Gal. 18,850.00 37,700.00 60 2 Unit Water Pump, Shallow,2hp,220v 27,000.00 54,000.00 61 4 Unit Ppr Pipe 1 1,300.00 5,200.00 62 4 Box Ppr Coupling 33.00 132.00 63 10 Box Ppr Elbow 1x 90 Plain 60.00 600.00 64 1 Roll Ppr Tee 1x1 Plain 52.00 52.00 65 1 Pcs. Float Valve 1 Bronze 2,000.00 2,000.00 66 4 Pcs. Ball Valve 1 923.00 3,692.00 67 1 Lengt Ppr Elbow 1x 45 Plain 65.00 65.00 68 1 Length G.i. Nipple 1x5 95.00 95.00 69 1 Pcs. Pressure Switch (heavy Duty) 1,020.00 1,020.00 70 1 Pcs. Pressure Gauge 100psi 300.00 300.00 71 1 Unit Float Switch 2hp,230v 2,000.00 2,000.00 72 1 Pc. G.i. Elbow 1x 45 72.00 72.00 73 2 Pcs. Ppr Union Patente 1 130.00 260.00 74 2 Pcs Check Valve 1 Spring Type (b-b) 663.00 1,326.00 75 2 Pcs. G.i. Coupling 1 40.00 80.00 76 4 Pcs. G.i. Elbow 1x90 72.00 288.00 77 4 Pcs G.i. Nipple 1x3 65.00 260.00 78 4 Pcs G.i. Nipple 1x4 46.00 184.00 79 4 Pcs G.i. Nipple 1x6 111.00 444.00 80 3 Pcs G.i. Nipple 1x12 172.00 516.00 81 3 Pcs Union Patente 1 137.00 411.00 82 1 Pc. G.i. Tee 1x1 78.00 78.00 83 2 Pcs. Bushing Reducer 1 ¼ X1 70.00 140.00 84 2 Pc. G.i. Plug 1 32.00 64.00 85 1 Pc. Bushing Reducer 1x ½ 46.00 46.00 86 1 Pc. Bushing Reducer ½ X ¼ 50.00 50.00 87 1 Pc G.i. Tee ¼ X ¼ 85.00 85.00 88 3 Pcs. G.i. Nipple ¼ X3 45.00 135.00 89 1 Pc G.i. Nipple ¼ X2 33.00 33.00 90 2 Pcs. G.i. Elbow ¼ X 90 65.00 130.00 91 15 Rolls Teflon ¾ 63.00 945.00 92 1 Pc - P.e. Male Adaptor 1 91.00 91.00 93 180 Mts. P.e. Pipe 1 Sdr 11 85.00 15,300.00 94 100 Mts. P.e. Pipe ½ Sdr 11 35.00 3,500.00 95 4 Pcs P.e. Connector 1 150.00 600.00 96 10 Pcs. P.e. Connector ½ 90.00 900.00 97 4 Pcs P.e. End Cap ½ 46.00 184.00 98 5 Pcs. P.e. Coupling Reducer 1x1/2 137.00 685.00 99 2 Pcs. P.e. Elbow 1x90 163.00 326.00 100 2 Pcs. P.e. Tee 1x1 234.00 468.00 101 10 Pcs. P.e. Coupling ½ 85.00 850.00 102 10 Pcs. P.e. Elbow ½ 90.00 900.00 103 1 Pcs. Pressure Switch (heavy Duty) 1,020.00 1,020.00 104 1 Pcs. Pressure Gauge 100psi 300.00 300.00 105 2 Pcs. Union Patente ¾ 130.00 260.00 106 2 Pcs. Union Patente 1 137.00 274.00 107 4 Pcs G.i. Elbow ¾ X 90 68.00 272.00 108 2 Pcs. G.i. Elbow 1x90 72.00 144.00 109 1 Pc. Check Valve 1 Spring Type (b-b) 663.00 663.00 110 1 Pc. Check Valve ¾ Spring Type (b-b) 600.00 600.00 111 1 Pc. Ball Valve 1 923.00 923.00 112 1 Pc. Ball Valve ¾ 850.00 850.00 113 2 Lengths Ppr Pipe ¾ 850.00 1,700.00 114 1 Pc. G.i. Tee ¾ 70.00 70.00 115 1 Pc G.i. Plug ¾ 28.00 28.00 116 1 Pc. G.i. Plug 1 32.00 32.00 117 4 Pcs G.i. Nipple 1x3 65.00 260.00 118 4 Pcs G.i. Nipple 1x4 46.00 184.00 119 4 Pcs G.i. Nipple 1x6 111.00 444.00 120 3 Pcs G.i. Nipple 1x12 172.00 516.00 121 4 Pcs G.i. Nipple 3/4x3 30.00 120.00 122 4 Pcs G.i. Nipple 3/4x4 38.00 152.00 123 4 Pcs G.i. Nipple 3/4x6 45.00 180.00 124 2 Pcs Bushing Reducer 1 X 3/4 60.00 120.00 125 1 Pc Bushing Reducer 1x ½ 46.00 46.00 126 1 Pc. Bushing Reducer ½ X ¼ 50.00 50.00 127 1 Pc. G.i. Tee ¼ X ¼ 85.00 85.00 128 3 Pcs. G.i. Nipple ¼ X3 45.00 135.00 129 1 Pc G.i. Nipple ¼ X2 33.00 33.00 130 2 Pcs G.i. Elbow ¼ X 90 65.00 130.00 131 15 Rolls Teflon ¾ 63.00 945.00 132 1 Pc. P.e. Male Adaptor 3/4 85.00 85.00 133 120 Mts. P.e. Pipe 1 Sdr 11 90.00 10,800.00 134 100 Mts P.e. Pipe ½ Sdr 11 33.00 3,300.00 135 4 Pcs P.e. Connector 1 150.00 600.00 136 10 Pcs. P.e. Connector ½ 90.00 900.00 137 4 Pcs P.e. End Cap ½ 46.00 184.00 138 5 Pcs. P.e. Coupling Reducer 1x1/2 137.00 685.00 139 2 Pcs P.e. Elbow 1x90 163.00 326.00 140 2 Pcs. P.e. Tee 1x1 234.00 468.00 141 10 Pcs. P.e. Coupling ½ 85.00 850.00 142 10 Pcs P.e. Elbow ½ 90.00 900.00 143 9 Unit Semi-integrated 30w Solar Streetlight Specifications: 150-180lm/w, With 18v, 50w Monocrystalline Solar Panel, W/ Prepainted Arm And Bracket Cct: 3000-6500k, Ip Rating: Ip65, Battery: 12.8v Cct: 3000-6500k, Ip Rating: Ip65, Battery: 12.8v 20,800.00 187,200.00 144 9 Pcs. 2"ø G.i Pipe S-40 2,900.00 26,100.00 145 45 Lnght Drb 12mmx6m 310.00 13,950.00 146 27 Lnght Drb 10mmx6m 240.00 6,480.00 147 18 Pcs. Tie Wire#16 105.00 1,890.00 148 9 Pcs. 1/2" Thk Ord. Plywood 720.00 6,480.00 149 9 Kls #3 Cwn 120.00 1,080.00 150 9 Kls #2 1/2 Cwn 120.00 1,080.00 151 299.97 Bdft 2" X 2" X 10' Coco Lumber 35.00 10,498.95 152 27 Kls 6013 Electrode 280.00 7,560.00 153 4.5 C.m. Coarse Sand 1,500.00 6,750.00 154 36 Bags Portland Cement (40 Kgs.) 260.00 9,360.00 Total 763,862.95 2. The Local Government Unit Of Sta. Cruz, Davao Del Sur Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required Within Three (3) Days From Receipt Of Notice To Proceed. Bidders Should Have Completed, Within Two 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. 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 The Bac Secretariat Office At 2nd Floor, Left Wing, New Municipal Hall Building, Escandor Road, Municipality Of Sta. Cruz, Davao Del Sur And Inspect The Bidding Documents At The Address During Weekdays Starting From 8:00 O’clock In The Morning To 5:00 O’clock In The Afternoon. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On February 19, 2025 From The Given Address Below And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand (1000.00) Pesos. 6. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before 9:30 O’clock In The Morning February 26, 2025. Late Bids Shall Not Be Accepted. 7. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 8. Bid Opening Shall Be On 9:40 O’clock In The Morning Of February 26, 2025 At The Given Address Below. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 9. The Local Government Of Unit Of Sta. Cruz, Davao Del Sur 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. 10. For Further Information, Please Refer To: Ommi Kharsom L. Buat Bac Secretariat Left Win, 2nd Level, New Municipal Hall Local Government Center, Zone Iii, Sta. Cruz, Davao Del Sur. 09107650089 - E-mail Address:bac5stacruz@gmail.com Engr. Ray R. Sealana Bac Chairperson, Masso

Details: Description Republic Of The Philippines Province Of Davao Del Sur Municipality Of Santa Cruz -ooo- Bids And Awards Committee Invitation To Bid For The Procurement Of 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Tuban Elementaryschool, Tuban , Sta. Cruz, Davao Del Sur (itb No. 16-goods-2025) 1. The Local Government Unit Of Sta. Cruz, Davao Del Sur, Through The Special Educational Funds For The 2025 Intends To Apply The Total Sum Of Seven Hundred Seventy One Thousand Sixty Two And 95/100 (717,062.95) Pesos Being The Total Abc To Payments Under The Contract For The Procurement Of 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Tuban Elementary School, Tuban, Sta. Cruz, Davao Del Sur. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Item No. Qty. Unit Of Issue Item Description Cost Per Item Approved Budget For The Contract 1 Lot Construction And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) For Tuban Elementary School 1 54 Bgs Portland Cement (40 Kgs.) 260.00 14,040.00 2 10 M³ Course Sand 1,500.00 15,000.00 3 328 Pcs Chb #4 18.00 5,904.00 4 10 M³ Course Sand 1,200.00 12,000.00 5 10 Lngth 4"ø Pvc Pipe S-1000 1,120.00 11,200.00 6 16 Shts 5m X 1.1m Rib Type Roofing ( Roofing) 1,000.00 16,000.00 7 180 Bdft 2" X 3" X 10' Purlins 35.00 6,300.00 8 534 Bdft 2" X 4" X 10' Coco Lumber(truss And Column) 35.00 18,690.00 9 668 Bdft 2" X 2" X 10' Coco Lumber (bracing) 35.00 23,380.00 10 14 Lngth 1 X 1 X 1.2mm Tubular (handwashing) 250.00 3,500.00 11 90 Mtrs Trapal (walling, Door) 175.00 15,750.00 12 4 Kls Umbrella Nails 120.00 480.00 13 10 Kls #4 Cwn 120.00 1,200.00 14 10 Kls #3 Cwn 120.00 1,200.00 15 10 Kls #2 1/2 Cwn 120.00 1,200.00 16 10 Kls #1 1/2 Cwn 120.00 1,200.00 17 20 Rolls Lugpet 390.00 7,800.00 18 2 Pcs Gun Tacker With (staple Refill) 750.00 1,500.00 19 24 Pcs Hinges 70.00 1,680.00 20 12 Sets S3way Switch (liso) 182.00 2,184.00 21 12 Pcs Single Gang Plate 55.00 660.00 22 12 Pcs Plastic Switch Box 91.00 1,092.00 23 80 Mtrs Pdx Wire # 14 54.00 4,320.00 24 6 Pcs Pvc J-box W/ Cover 39.00 234.00 25 6 Pcs Pvc Receptacle 2 X 2 58.00 348.00 26 6 Pcs Led Bulb 7w, 230v 312.00 1,872.00 27 2 Pcs Heavy Duty Male Plug 78.00 156.00 28 2 Roll Electrical Tape Big 91.00 182.00 29 4 Lgths 1"ø Ppr Pipe 1,300.00 5,200.00 30 12 Lgths 1/2"ø Ppr Pipe 500.00 6,000.00 31 32 Pcs 1"ø X 1/2"ø Ppr Tee 150.00 4,800.00 32 20 Pcs 1/2"ø Ppr Elbow 70.00 1,400.00 33 4 Pcs 1/2"ø Ppr Tee 220.00 880.00 34 36 Pcs 1/2"ø Ppr Elbow W/ Female Thread Adaptor 215.00 7,740.00 35 4 Pcs Teplon 45.00 180.00 36 12 Pcs Ordinary Faucet 150.00 1,800.00 37 24 Lgths Faucet With Shower Combination 750.00 18,000.00 38 12 Pcs Ordinary Kitchen Sink 550.00 6,600.00 39 12 Lgths 2''ø Pvc Pipe S-1ooo 400.00 4,800.00 40 10 Pcs 2''ø Pvc Elbow S-1000 75.00 750.00 41 12 Pcs 2''ø Pvc Tee S-1000 85.00 1,020.00 42 2 Can Solvent Cement 150.00 300.00 43 120 Pcs Chb #4 18.00 2,160.00 44 15 Lngth Drb 10mmx6m 240.00 3,600.00 45 2 Kls. Tie Wire 16 105.00 210.00 46 2 C.m. Coarse Sand 1,500.00 3,000.00 47 10 Bags Portland Cement (40 Kgs.) 260.00 2,600.00 48 2 Unit Cb Enclosure Single Nema 3r W/ 30a Cb Bolt-on Type 1,120.00 2,240.00 49 2 Box Pdx Wire 14 4,000.00 8,000.00 50 1 Box Staple Wire ¾ 75.00 75.00 51 2 Roll Electrical Tape Big 75.00 150.00 52 2 Pcs. Pvc J-box W/cover & Screws 43.00 86.00 53 10 Pcs. Screw Insulator Big 85.00 850.00 54 2 Lengt Pvc Pipe ¾ Pns14 160.00 320.00 55 10 Length Pvc Pipe ½ Pns14 115.00 1,150.00 56 10 Pcs. Pvc Clamp ¾ 6.00 60.00 57 30 Pcs. Pvc Clamp ½ 5.00 150.00 58 2 Units Pe Storage Tank 2000 Liters Vertical Mounted 33,200.00 66,400.00 59 2 Unit Stainless Pressurize Tank 82 Gal. 18,850.00 37,700.00 60 2 Unit Water Pump, Shallow,2hp,220v 27,000.00 54,000.00 61 4 Unit Ppr Pipe 1 1,300.00 5,200.00 62 4 Box Ppr Coupling 33.00 132.00 63 10 Box Ppr Elbow 1x 90 Plain 60.00 600.00 64 1 Roll Ppr Tee 1x1 Plain 52.00 52.00 65 1 Pcs. Float Valve 1 Bronze 2,000.00 2,000.00 66 4 Pcs. Ball Valve 1 923.00 3,692.00 67 1 Lengt Ppr Elbow 1x 45 Plain 65.00 65.00 68 1 Length G.i. Nipple 1x5 95.00 95.00 69 1 Pcs. Pressure Switch (heavy Duty) 1,020.00 1,020.00 70 1 Pcs. Pressure Gauge 100psi 300.00 300.00 71 1 Unit Float Switch 2hp,230v 2,000.00 2,000.00 72 1 Pc. G.i. Elbow 1x 45 72.00 72.00 73 2 Pcs. Ppr Union Patente 1 130.00 260.00 74 2 Pcs Check Valve 1 Spring Type (b-b) 663.00 1,326.00 75 2 Pcs. G.i. Coupling 1 40.00 80.00 76 4 Pcs. G.i. Elbow 1x90 72.00 288.00 77 4 Pcs G.i. Nipple 1x3 65.00 260.00 78 4 Pcs G.i. Nipple 1x4 46.00 184.00 79 4 Pcs G.i. Nipple 1x6 111.00 444.00 80 3 Pcs G.i. Nipple 1x12 172.00 516.00 81 3 Pcs Union Patente 1 137.00 411.00 82 1 Pc. G.i. Tee 1x1 78.00 78.00 83 2 Pcs. Bushing Reducer 1 ¼ X1 70.00 140.00 84 2 Pc. G.i. Plug 1 32.00 64.00 85 1 Pc. Bushing Reducer 1x ½ 46.00 46.00 86 1 Pc. Bushing Reducer ½ X ¼ 50.00 50.00 87 1 Pc G.i. Tee ¼ X ¼ 85.00 85.00 88 3 Pcs. G.i. Nipple ¼ X3 45.00 135.00 89 1 Pc G.i. Nipple ¼ X2 33.00 33.00 90 2 Pcs. G.i. Elbow ¼ X 90 65.00 130.00 91 15 Rolls Teflon ¾ 63.00 945.00 92 1 Pc - P.e. Male Adaptor 1 91.00 91.00 93 120 Mts. P.e. Pipe 1 Sdr 11 85.00 10,200.00 94 100 Mts. P.e. Pipe ½ Sdr 11 35.00 3,500.00 95 4 Pcs P.e. Connector 1 150.00 600.00 96 10 Pcs. P.e. Connector ½ 90.00 900.00 97 4 Pcs P.e. End Cap ½ 46.00 184.00 98 5 Pcs. P.e. Coupling Reducer 1x1/2 137.00 685.00 99 2 Pcs. P.e. Elbow 1x90 163.00 326.00 100 2 Pcs. P.e. Tee 1x1 234.00 468.00 101 10 Pcs. P.e. Coupling ½ 85.00 850.00 102 10 Pcs. P.e. Elbow ½ 90.00 900.00 103 1 Pcs. Pressure Switch (heavy Duty) 1,020.00 1,020.00 104 1 Pcs. Pressure Gauge 100psi 300.00 300.00 105 2 Pcs. Union Patente ¾ 130.00 260.00 106 2 Pcs. Union Patente 1 137.00 274.00 107 4 Pcs G.i. Elbow ¾ X 90 68.00 272.00 108 2 Pcs. G.i. Elbow 1x90 72.00 144.00 109 1 Pc. Check Valve 1 Spring Type (b-b) 663.00 663.00 110 1 Pc. Check Valve ¾ Spring Type (b-b) 600.00 600.00 111 1 Pc. Ball Valve 1 923.00 923.00 112 1 Pc. Ball Valve ¾ 850.00 850.00 113 2 Lengths Ppr Pipe ¾ 850.00 1,700.00 114 1 Pc. G.i. Tee ¾ 70.00 70.00 115 1 Pc G.i. Plug ¾ 28.00 28.00 116 1 Pc. G.i. Plug 1 32.00 32.00 117 4 Pcs G.i. Nipple 1x3 65.00 260.00 118 4 Pcs G.i. Nipple 1x4 46.00 184.00 119 4 Pcs G.i. Nipple 1x6 111.00 444.00 120 3 Pcs G.i. Nipple 1x12 172.00 516.00 121 4 Pcs G.i. Nipple 3/4x3 30.00 120.00 122 4 Pcs G.i. Nipple 3/4x4 38.00 152.00 123 4 Pcs G.i. Nipple 3/4x6 45.00 180.00 124 2 Pcs Bushing Reducer 1 X 3/4 60.00 120.00 125 1 Pc Bushing Reducer 1x ½ 46.00 46.00 126 1 Pc. Bushing Reducer ½ X ¼ 50.00 50.00 127 1 Pc. G.i. Tee ¼ X ¼ 85.00 85.00 128 3 Pcs. G.i. Nipple ¼ X3 45.00 135.00 129 1 Pc G.i. Nipple ¼ X2 33.00 33.00 130 2 Pcs G.i. Elbow ¼ X 90 65.00 130.00 131 15 Rolls Teflon ¾ 63.00 945.00 132 1 Pc. P.e. Male Adaptor 3/4 85.00 85.00 133 120 Mts P.e. Pipe 1 Sdr 11 35.00 4,200.00 134 100 Pcs P.e. Pipe ½ Sdr 11 33.00 3,300.00 135 4 Pcs. P.e. Connector 1 150.00 600.00 136 10 Pcs P.e. Connector ½ 90.00 900.00 137 4 Pcs. P.e. End Cap ½ 46.00 184.00 138 5 Pcs P.e. Coupling Reducer 1x1/2 137.00 685.00 139 2 Pcs. P.e. Elbow 1x90 163.00 326.00 140 2 Pcs. P.e. Tee 1x1 234.00 468.00 141 10 Pcs P.e. Coupling ½ 85.00 850.00 142 10 Pcs P.e. Elbow ½ 90.00 900.00 143 9 Unit Semi-integrated 30w Solar Streetlight Specifications: 150-180lm/w, With 18v, 50w Monocrystalline Solar Panel, W/ Prepainted Arm And Bracket Cct: 3000-6500k, Ip Rating: Ip65, Battery: 12.8v Cct: 3000-6500k, Ip Rating: Ip65, Battery: 12.8v 16,900.00 152,100.00 144 9 Pcs. 2"ø G.i Pipe S-40 2,900.00 26,100.00 145 45 Lnght Drb 12mmx6m 310.00 13,950.00 146 27 Lnght Drb 10mmx6m 240.00 6,480.00 147 18 Pcs. Tie Wire#16 105.00 1,890.00 148 9 Pcs. 1/2" Thk Ord. Plywood 720.00 6,480.00 149 9 Kls #3 Cwn 120.00 1,080.00 150 9 Kls #2 1/2 Cwn 120.00 1,080.00 151 299.97 Bdft 2" X 2" X 10' Coco Lumber 35.00 10,498.95 152 27 Kls 6013 Electrode 280.00 7,560.00 153 4.5 C.m. Coarse Sand 1,500.00 6,750.00 154 36 Bags Portland Cement (40 Kgs.) 260.00 9,360.00 Total 717,062.95 2. The Local Government Unit Of Sta. Cruz, Davao Del Sur Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required Within Three (3) Days From Receipt Of Notice To Proceed. Bidders Should Have Completed, Within Two 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. 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 The Bac Secretariat Office At 2nd Floor, Left Wing, New Municipal Hall Building, Escandor Road, Municipality Of Sta. Cruz, Davao Del Sur And Inspect The Bidding Documents At The Address During Weekdays Starting From 8:00 O’clock In The Morning To 5:00 O’clock In The Afternoon. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On February 20, 2025 From The Given Address Below And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand (1000.00) Pesos. 6. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before 9:30 O’clock In The Morning February 28, 2025. 7. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 8. Bid Opening Shall Be On 9:40 O’clock In The Morning Of February 28, 2025 At The Given Address Below. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 9. The Local Government Of Unit Of Sta. Cruz, Davao Del Sur 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. 10. For Further Information, Please Refer To: Ommi Kharsom L. Buat Bac Secretariat Left Win, 2nd Level, New Municipal Hall Local Government Center, Tuban , Sta. Cruz, Davao Del Sur. 09107650089 - E-mail Address:bac5stacruz@gmail.com Engr. Ray R. Sealana Bac Chairperson, Masso

Details: Description Republic Of The Philippines Province Of Davao Del Sur Municipality Of Santa Cruz -ooo- Bids And Awards Committee Invitation To Bid For The Procurement Of 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Sta. Cruz National High School, Zone Iii, Sta. Cruz, Davao Del Sur (itb No. 15-goods-2025) 1. The Local Government Unit Of Sta. Cruz, Davao Del Sur, Through The Special Educational Funds For The 2025 Intends To Apply The Total Sum Of Seven Hundred Eighty Seven Thousand One Hundred Sixty Two And 95/100 (787,162.95) Pesos Being The Total Abc To Payments Under The Contract For The Procurement Of 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Sta. Cruz National High School, Zone Iii, Sta. Cruz, Davao Del Sur. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Item No. Qty. Unit Of Issue Item Description Cost Per Item Approved Budget For The Items 1 Lot Electrical And Hardware Materials For The Repair And Maintenance (school Building And Other Facilities) Of Sta. Cruz National High School 1 54 Bgs Portland Cement (40 Kgs.) 260.00 14,040.00 2 10 M³ Course Sand 1,500.00 15,000.00 3 328 Pcs Chb #4 18.00 5,904.00 4 10 M³ Mountain Mix 1,200.00 12,000.00 5 10 Lngth 4"ø Pvc Pipe S-1000 1,120.00 11,200.00 6 21 Shts 2.5m X 1.1m Rib Type Roofing ( Roofing) 1,000.00 21,000.00 7 180 Bdft 2" X 3" X 10' Purlins 35.00 6,300.00 8 534 Bdft 2" X 4" X 10' Coco Lumber(truss And Column) 35.00 18,690.00 9 668 Bdft 2" X 2" X 10' Coco Lumber (bracing) 35.00 23,380.00 10 14 Lengths 1 X 1 X 1.2mm Tubular (handwashing) 250.00 3,500.00 11 90 Mtrs Trapal (walling, Door) 175.00 15,750.00 12 4 Kls Umbrella Nails 120.00 480.00 13 10 Kls #4 Cwn 120.00 1,200.00 14 10 Kls #3 Cwn 120.00 1,200.00 15 10 Kls #2 1/2 Cwn 120.00 1,200.00 16 10 Kls #1 1/2 Cwn 120.00 1,200.00 17 20 Rolls Lugpet 390.00 7,800.00 18 2 Pcs Gun Tacker With (staple Refill) 750.00 1,500.00 19 24 Pcs Hinges 70.00 1,680.00 20 12 Sets S3way Switch (liso) 182.00 2,184.00 21 12 Pcs Single Gang Plate 55.00 660.00 22 12 Pcs Plastic Switch Box 91.00 1,092.00 23 80 Mtrs Pdx Wire # 14 54.00 4,320.00 24 6 Pcs Pvc J-box W/ Cover 39.00 234.00 25 6 Pcs Pvc Receptacle 2 X 2 58.00 348.00 26 6 Pcs Led Bulb 7w, 230v 312.00 1,872.00 27 2 Pcs Heavy Duty Male Plug 78.00 156.00 28 2 Roll Electrical Tape Big 91.00 182.00 29 4 Lgths 1"ø Ppr Pipe 1,300.00 5,200.00 30 12 Lgths 1/2"ø Ppr Pipe 500.00 6,000.00 31 32 Pcs 1"ø X 1/2"ø Ppr Tee 150.00 4,800.00 32 20 Pcs 1/2"ø Ppr Elbow 70.00 1,400.00 33 4 Pcs 1/2"ø Ppr Tee 220.00 880.00 34 36 Pcs 1/2"ø Ppr Elbow W/ Female Thread Adaptor 215.00 7,740.00 35 4 Pcs Teplon 45.00 180.00 36 12 Pcs Ordinary Faucet 150.00 1,800.00 37 24 Lgths Faucet With Shower Combination 750.00 18,000.00 38 12 Pcs Ordinary Kitchen Sink 550.00 6,600.00 39 12 Lgths 2''ø Pvc Pipe S-1ooo 400.00 4,800.00 40 10 Pcs 2''ø Pvc Elbow S-1000 75.00 750.00 41 12 Pcs 2''ø Pvc Tee S-1000 85.00 1,020.00 42 2 Can Solvent Cement 150.00 300.00 43 2 Unit Pe Septic Tank (2000 Liters) 15,000.00 30,000.00 44 120 Pcs Chb #4 18.00 2,160.00 45 15 Lengths Drb 10mmx6m 240.00 3,600.00 46 2 Kls. Tie Wire 16 105.00 210.00 47 2 C.m. Coarse Sand 1,500.00 3,000.00 48 10 Bags Portland Cement (40 Kgs.) 260.00 2,600.00 49 2 Unit Cb Enclosure Single Nema 3r W/ 30a Cb Bolt-on Type 1,120.00 2,240.00 50 2 Box Pdx Wire 14 4,000.00 8,000.00 51 1 Box Staple Wire ¾ 75.00 75.00 52 2 Roll Electrical Tape Big 75.00 150.00 53 2 Pcs. Pvc J-box W/cover & Screws 43.00 86.00 54 10 Pcs. Screw Insulator Big 85.00 850.00 55 2 Lengt Pvc Pipe ¾ Pns14 160.00 320.00 56 10 Length Pvc Pipe ½ Pns14 115.00 1,150.00 57 10 Pcs. Pvc Clamp ¾ 6.00 60.00 58 30 Pcs. Pvc Clamp ½ 5.00 150.00 59 2 Units Pe Storage Tank 2000 Liters Vertical Mounted 33,200.00 66,400.00 60 2 Unit Stainless Pressurize Tank 82 Gal. 18,850.00 37,700.00 61 2 Unit Water Pump, Shallow,2hp,220v 27,000.00 54,000.00 62 4 Unit Ppr Pipe 1 1,300.00 5,200.00 63 4 Box Ppr Coupling 33.00 132.00 64 10 Box Ppr Elbow 1x 90 Plain 60.00 600.00 65 1 Roll Ppr Tee 1x1 Plain 52.00 52.00 66 1 Pcs. Float Valve 1 Bronze 2,000.00 2,000.00 67 4 Pcs. Ball Valve 1 923.00 3,692.00 68 1 Lengt Ppr Elbow 1x 45 Plain 65.00 65.00 69 1 Length G.i. Nipple 1x5 95.00 95.00 70 1 Pcs. Pressure Switch (heavy Duty) 1,020.00 1,020.00 71 1 Pcs. Pressure Gauge 100psi 300.00 300.00 72 1 Unit Float Switch 2hp,230v 2,000.00 2,000.00 73 1 Pc. G.i. Elbow 1x 45 72.00 72.00 74 2 Pcs. Ppr Union Patente 1 130.00 260.00 75 2 Pcs Check Valve 1 Spring Type (b-b) 663.00 1,326.00 76 2 Pcs. G.i. Coupling 1 40.00 80.00 77 4 Pcs. G.i. Elbow 1x90 72.00 288.00 78 4 Pcs G.i. Nipple 1x3 65.00 260.00 79 4 Pcs G.i. Nipple 1x4 46.00 184.00 80 4 Pcs G.i. Nipple 1x6 111.00 444.00 81 3 Pcs G.i. Nipple 1x12 172.00 516.00 82 3 Pcs Union Patente 1 137.00 411.00 83 1 Pc. G.i. Tee 1x1 78.00 78.00 84 2 Pcs. Bushing Reducer 1 ¼ X1 70.00 140.00 85 2 Pc. G.i. Plug 1 32.00 64.00 86 1 Pc. Bushing Reducer 1x ½ 46.00 46.00 87 1 Pc. Bushing Reducer ½ X ¼ 50.00 50.00 88 1 Pc G.i. Tee ¼ X ¼ 85.00 85.00 89 3 Pcs. G.i. Nipple ¼ X3 45.00 135.00 90 1 Pc G.i. Nipple ¼ X2 33.00 33.00 91 2 Pcs. G.i. Elbow ¼ X 90 65.00 130.00 92 15 Rolls Teflon ¾ 63.00 945.00 93 1 Pc - P.e. Male Adaptor 1 91.00 91.00 94 120 Mts. P.e. Pipe 1 Sdr 11 85.00 10,200.00 95 100 Mts. P.e. Pipe ½ Sdr 11 35.00 3,500.00 96 4 Pcs P.e. Connector 1 150.00 600.00 97 10 Pcs. P.e. Connector ½ 90.00 900.00 98 4 Pcs P.e. End Cap ½ 46.00 184.00 99 5 Pcs. P.e. Coupling Reducer 1x1/2 137.00 685.00 100 2 Pcs. P.e. Elbow 1x90 163.00 326.00 101 2 Pcs. P.e. Tee 1x1 234.00 468.00 102 10 Pcs. P.e. Coupling ½ 85.00 850.00 103 10 Pcs. P.e. Elbow ½ 90.00 900.00 104 1 Pcs. Pressure Switch (heavy Duty) 1,020.00 1,020.00 105 1 Pcs. Pressure Gauge 100psi 300.00 300.00 106 2 Pcs. Union Patente ¾ 130.00 260.00 107 2 Pcs. Union Patente 1 137.00 274.00 108 4 Pcs G.i. Elbow ¾ X 90 68.00 272.00 109 2 Pcs. G.i. Elbow 1x90 72.00 144.00 110 1 Pc. Check Valve 1 Spring Type (b-b) 663.00 663.00 111 1 Pc. Check Valve ¾ Spring Type (b-b) 600.00 600.00 112 1 Pc. Ball Valve 1 923.00 923.00 113 1 Pc. Ball Valve ¾ 850.00 850.00 114 2 Lengths Ppr Pipe ¾ 850.00 1,700.00 115 1 Pc. G.i. Tee ¾ 70.00 70.00 116 1 Pc G.i. Plug ¾ 28.00 28.00 117 1 Pc. G.i. Plug 1 32.00 32.00 118 4 Pcs G.i. Nipple 1x3 65.00 260.00 119 4 Pcs G.i. Nipple 1x4 46.00 184.00 120 4 Pcs G.i. Nipple 1x6 111.00 444.00 121 3 Pcs G.i. Nipple 1x12 172.00 516.00 122 4 Pcs G.i. Nipple 3/4x3 30.00 120.00 123 4 Pcs G.i. Nipple 3/4x4 38.00 152.00 124 4 Pcs G.i. Nipple 3/4x6 45.00 180.00 125 2 Pcs Bushing Reducer 1 X 3/4 60.00 120.00 126 1 Pc Bushing Reducer 1x ½ 46.00 46.00 127 1 Pc. Bushing Reducer ½ X ¼ 50.00 50.00 128 1 Pc. G.i. Tee ¼ X ¼ 85.00 85.00 129 3 Pcs. G.i. Nipple ¼ X3 45.00 135.00 130 1 Pc G.i. Nipple ¼ X2 33.00 33.00 131 2 Pcs G.i. Elbow ¼ X 90 65.00 130.00 132 15 Rolls Teflon ¾ 63.00 945.00 133 1 Pc. P.e. Male Adaptor 3/4 85.00 85.00 134 120 Mts. P.e. Pipe 1 Sdr 11 35.00 4,200.00 135 100 Mts P.e. Pipe ½ Sdr 11 33.00 3,300.00 136 4 Pcs P.e. Connector 1 150.00 600.00 137 10 Pcs. P.e. Connector ½ 90.00 900.00 138 4 Pcs P.e. End Cap ½ 46.00 184.00 139 5 Pcs. P.e. Coupling Reducer 1x1/2 137.00 685.00 140 2 Pcs P.e. Elbow 1x90 163.00 326.00 141 2 Pcs. P.e. Tee 1x1 234.00 468.00 142 10 Pcs. P.e. Coupling ½ 85.00 850.00 143 10 Pcs P.e. Elbow ½ 90.00 900.00 144 9 Unit Semi-integrated 30w Solar Streetlight Specifications: 150-180lm/w, With 18v, 50w Monocrystalline Solar Panel, W/ Prepainted Arm And Bracket Cct: 3000-6500k, Ip Rating: Ip65, Battery: 12.8v Cct: 3000-6500k, Ip Rating: Ip65, Battery: 12.8v 20,800.00 187,200.00 145 9 Pcs. 2"ø G.i Pipe S-40 2,900.00 26,100.00 146 45 Lnght Drb 12mmx6m 310.00 13,950.00 147 27 Lnght Drb 10mmx6m 240.00 6,480.00 148 18 Pcs. Tie Wire#16 105.00 1,890.00 149 9 Pcs. 1/2" Thk Ord. Plywood 720.00 6,480.00 150 9 Kls #3 Cwn 120.00 1,080.00 151 9 Kls #2 1/2 Cwn 120.00 1,080.00 152 299.97 Bdft 2" X 2" X 10' Coco Lumber 35.00 10,498.95 153 27 Kls 6013 Electrode 280.00 7,560.00 154 4.5 C.m. Coarse Sand 1,500.00 6,750.00 155 36 Bags Portland Cement (40 Kgs.) 260.00 9,360.00 Total 787,162.95 2. The Local Government Unit Of Sta. Cruz, Davao Del Sur Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required Within Three (3) Days From Receipt Of Notice To Proceed. Bidders Should Have Completed, Within Two 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. 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 The Bac Secretariat Office At 2nd Floor, Left Wing, New Municipal Hall Building, Escandor Road, Municipality Of Sta. Cruz, Davao Del Sur And Inspect The Bidding Documents At The Address During Weekdays Starting From 8:00 O’clock In The Morning To 5:00 O’clock In The Afternoon. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On February 20, 2025 From The Given Address Below And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand (1000.00) Pesos. 6. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before 9:30 O’clock In The Morning February 28, 2025. 7. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 8. Bid Opening Shall Be On 9:40 O’clock In The Morning Of February 28, 2025 At The Given Address Below. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 9. The Local Government Of Unit Of Sta. Cruz, Davao Del Sur 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. 10. For Further Information, Please Refer To: Ommi Kharsom L. Buat Bac Secretariat Left Win, 2nd Level, New Municipal Hall Local Government Center, Zone Iii, Sta. Cruz, Davao Del Sur. 09107650089 - E-mail Address:bac5stacruz@gmail.com Engr. Ray R. Sealana Bac Chairperson, Masso

Details: Description Invitation To Bid The Local Government Unit Of Sindangan, Through Its Bids And Awards Committee (bac), Hereby Invites Suppliers/manufacturers/ Distributors/contractors To Apply For Eligibility And To Bid For The Hereunder Project. Purchase Request No. Project Approved Budget For The Contract Non - Refundable Fees Of Bid Documents 1.) 2025-01- 21 Purchase & Installation Of Various Equipment For The Establishment Of Lgu Sindangan People's Dialysis Center P23,000,000.00 25,000.00 1 Set Item 1: First Pass Reverse Osmosis System The First Pass Reverse Osmosis System Should Include The Following Components And Specifications: " Ro Pumps: O Quantity: 2 Units (alternating) O Type: 2 Hp Single Phase Reverse Osmosis Multi-stage Vertical Pumps O Operating Pressure: 200 To 250 Psi O Material: High-grade Stainless Steel Construction O Backup Function: 1 Unit Will Function Automatically When The Other Pump Stops.  Membranes: O Quantity: 3 Units O Type: 4040 Thin Film Composite (tfc) Spiral Wound Membranes O Design: Large Spiral Configuration For High Permeate Flow.  Pressure Vessels: O Quantity: 3 Units O Type: 4040 Frp Pressure Membrane Vessel.  Pre-filtration: O Quantity: 1 Unit O Type: 20"" Slim Filter Housing With 5-micron Sediment Filter (clear Housing)." " Aami Standard Compliance: All Components In Contact With Pure Water Must Meet Aami (association For The Advancement Of Medical Instrumentation) Standards.  Flow Meters: O Quantity: 2 Units (panel-mounted) O Range: 0-10 Gpm O Measurement: Percentage Rejection, Percentage Recovery, And Permeate/product Flow.  Additional Flow Meters: O Quantity: 1 Unit (for Recycle Water Flow Monitoring).  Pressure Gauges: O Quantity: 2 Units (dial Type) O Pressure Rating: 350 Psi And 150 Psi O Material: Stainless Steel Construction.  Pressure Regulator Control Valve: O Quantity: 1 Unit O Size: 1” Npt O Material: Stainless Steel 316.  Conductivity Meter:  Quantity: 1 Unit" " Type: Digital Conductivity Meter (tds Meter For First-stage Pure Water Product).  Automatic Control System: Integrated Automatic Control System For Managing The Operation Of The Ro System.  Recycle Valve And Flushing Option: The System Should Be Equipped With A Recycle Valve And An Automatic Flushing Option.  Low-pressure Switch:  Quantity: 1 Unit  Function: Automatically Stops The Ro Pump When Low Pressure Is Detected.  Solenoid Valves:  Automatic Shut-off Solenoid Valve: 1” Npt (manual Bypass In Case Of Malfunction).  Auto Flushing Solenoid Valve: 1/2” Npt.  Skid Frame:  Material: Stainless Steel Full Skid Frame For Mounting All System Components.  Independent Control System: For Monitoring And Controlling The Ro Process.  Sampling Port: Equipped With A Sampling Port For Pure Water Sampling." 1 Set Item 2: Second Pass Reverse Osmosis Unit The Second Pass Reverse Osmosis Unit Should Include The Following Components And Specifications: " Ro Pumps: O Quantity: 2 Units (alternating) O Type: 1.5 Hp Reverse Osmosis Multi-stage Vertical Pumps O Operating Pressure: 200 To 250 Psi O Material: High-grade Stainless Steel Construction O Backup Function: 1 Unit Will Function Automatically When The Other Pump Stops.  Pressure Vessels: O Quantity: 2 Units O Type: 4040 Frp Pressure Membrane Vessel." 1 Set Item 3: Pre-treatment Equipment Specifications The Pre-treatment Equipment Includes The Following Components: " Multi-media Filtration Unit: O Quantity: 1 Unit O Size: 13” X 54” Frp Tank O Media: Pebbles, Silica Sand, Anthracite, And Garnet For 10-20 Micron Removal. O Backwashing Head: Manual/automatic Timer Backwashing Head. O Accessories: Pressure Gauges On The Inlet And Outlet, Valve For Water Sampling, And Emergency Bypass Valve.  Granulated Activated Carbon Filtration Unit: O Quantity: 2 Units O Size: 13” X 54” Frp Tanks O Media: Pebbles, Quartz Sand, And Industrial-grade Activated Carbon. O Backwashing Head: Manual/automatic Timer Backwashing Head." "o Accessories: Pressure Gauges On The Inlet And Outlet, Valve For Water Sampling, And Emergency Bypass Valve.  Water Softener Filtration Unit: O Quantity: 1 Unit O Size: 13” X 54” Frp Tank O Media: Pebbles And Purolite Resin C-100e. O Backwashing Head: Manual/automatic Timer Backwashing Head. O Accessories: Pressure Gauges On The Inlet And Outlet, Valve For Water Sampling, And Emergency Bypass Valve.  Sampling Ports: Sampling Ports For Multi- Media, Carbon,and Water Softener Filters." " Pressure Gauges: Individual Pressure Gauges For Each Filter (multi-media, Carbon, And Water Softener).  Raw Water Tank: O Quantity: 1 Set O Capacity: 1000 Liters O Material: Polyethylene With Float Valve.  Brine Tank: O Quantity: 1 Unit O Capacity: 130 Kg Of Salt O Accessories: Hose And Strainer.  Raw Water Pump System: O Quantity: 2 Units (alternating) O Type: 1.5 Hp Single Phase Raw Water Multi-stage Horizontal Stainless Steel Pump With Automatic Backup Functionality.  Piping: O Material: Schedule 40 Pvc Pipe With Ball Valves And Fittings. O Fittings: Stainless Steel Fittings." 1 Set Item 4: Support/service Maintenance The Following Services Will Be Included For The Support And Maintenance Of The Water Treatment System: " Installation: Complete Installation Of The Water Treatment System With Training For Operation And Maintenance.  Technical Support: Accessibility For Addressing Any Malfunctions Or Technical Problems Within The Warranty Period.  Spare Parts: Availability Of Local Spare Parts For Maintenance.  Service Personnel: Availability Of Service Personnel Within The Warranty Period.  Operator And Technical Manual: Full Set Of Manuals For Operation And Maintenance.  Initial Water Analysis: Complete Initial Water Quality Analysis To Ensure System Suitability." 1 Set Item 5: 5-station Dialyzer Reprocessing System (wall Mounted For Negative Hepa Patient) The Following Specifications Apply To The 5-station Dialyzer Reprocessing System: " Frame Material: Panel Box-type Frame (pvc Material).  Dialyzer Testing Parameters: Max Testing Pressure: 8-14 Psi.  Pressure Regulator Valve: Adjustable Between 15-35 Psi.  Piping And Fittings: Pvc Pipes And Fittings; Chemical-grade Hoses And Fittings.  Chemical Compatibility: System Must Be Compatible With All Types Of Disinfectants.  Chemical Tank: 10 Liters Polyethylene Chemical Tank.  Dialyzer Connectors: 5 Quick-connect Dialyzer Holders.  Chemical Pump: 1 Unit For Chemical Application.  Electrical Control System: Fully Integrated Electrical Control System For Operation." " Solenoid Valves: Ce Certified Stainless Steel Solenoid Valves For Dialyzer Cleaning, Filling Chemicals, And Auto Reverse Ultrafiltration.  Graduated Cylinder: 250 Ml Plastic Graduated Cylinder. Installation & Training:  Full Installation And Training For Operation, Maintenance, And Safety Procedures. Support/service Maintenance:  Installation And Training: Full Setup And Operator Training.  Technical Support: Access To Local Service Personnel During Warranty Period.  Spare Parts Availability: Availability Of Spare Parts Locally During The Warranty Period.  Technical Manual: Full Operator And Technical Manuals." 1 Set Item 6: 2 Station Dialyzer Reprocessing Machine For Positive Hepa Patient "specifications:  Frame Material O Panel Box Type (pvc Materials)  Dialyzer Testing Parameters O 1 Unit Dialyzer Testing Parameters With Maximum Pressure Range: 8-14 Psi  Pressure Regulator Valve O 1 Unit Adjustable Pressure Regulator Valve, Range: 15-35 Psi  Piping And Fittings O Pvc Pipe And Fittings  Chemical Grade Hose And Fittings O Chemical-grade Hose And Fittings For Safe Operation With Disinfectants And Cleaning Solutions." " Compatibility O Machine Is Compatible With Any Type Of Disinfectant Commonly Used In Dialyzer Reprocessing.  Electrical Control System O Integrated Electrical Control System For Efficient Operation. " " Electronic Control Board O 1 Unit Electronic Control Board Designed To Manage Dialyzer Testing Parameters. Solenoid Valves For Dialyzer Cleaning O 2 Pcs Ce Certified Stainless Steel (s/s) Solenoid Valves For Dialyzer Cleaning Procedure.  Solenoid Valves For Chemical Filling  2 Pcs Ce Certified Stainless Steel (s/s) Solenoid Valves For Dialyzer Chemical Filling.  Solenoid Valves For Auto Reverse Ultra Filtrate  2 Pcs Ce Certified Stainless Steel (s/s) Solenoid Valves For Auto Reverse Ultra Filtrate During The Cleaning Cycle." " Programmable Logic Controller (plc)  1 Unit Plc (programmable Logic Controller) With The Following Specifications: O Input: 16 Digital Inputs O Output: 10 Digital Outputs O Voltage: 110-240vac  Secondary Programmable Logic Controller (plc)  1 Unit Secondary Plc With The Following Specifications: O Input: 10 Digital Inputs O Output: 4 Digital Outputs O Voltage: 110-240vac  Illuminated Push Button Switches (rinsing Procedure)  2 Units Of Illuminated Green Push Button Switches (indicating Rinsing Procedure Is Active).  Illuminated Push Button Switches (chemical Filling)  2 Units Of Illuminated Red Push Button Switches (indicating Chemical Filling Is In Progress)." " Diaphragm Type Air Pump  1 Unit Diaphragm-type Air Pump To Provide Necessary Air Pressure For The System.  Plastic Graduated Cylinder  1 Unit 250 Ml Plastic Graduated Cylinder For Accurate Measurement.  Dialyzer Connector  2 Pcs Dialyzer Connectors For Secure And Leak-free Connections During Operation. Support/service Maintenance:  Installation And Training O On-site Installation And Operator Training To Ensure Proper Usage And Maintenance.  Technical Support O Quick Access To Technical Support And Troubleshooting Services During The Warranty Period." " Spare Parts Availability O Local Availability Of Critical Spare Parts To Minimize Downtime.  Service Personnel Availability O Availability Of Trained Service Personnel To Address Any Operational Issues During The Warranty Period.  Operator And Technical Manual O Comprehensive Operator And Technical Manuals Provided For Easy Reference And Proper Maintenance." 2 Sets Item 7: Acid & Bi-carb Mixer Specifications: " 1 Unit Mix Flow Agitator Pump With Propeller  1 Unit Magnet Chemical Pump  1 Unit 100 Liters Polyethylene Conical Tank With Stainless Steel Base  1 Unit 10"" Filter Housing With Micron Filter  Electrical Control System With Panel Box  Pvc Pipe And Fittings Support/service Maintenance:  Installation And Training For Operation And Maintenance.  Accessibility To Address Malfunctions Or Technical Issues Within The Warranty Period.  Availability Of Spare Parts Locally To Minimize Downtime.  Availability Of Service Personnel During The Warranty Period For Prompt Assistance.  Operator And Technical Manual With Detailed Instructions On Operation, Troubleshooting, And Maintenance." 1 Set Item 8: Construction Of Wood Paneling Specifications: " Fabrication Of Wood Paneling Using ¾"" Marine Plywood, Finished With Laminate Formica.  Supply And Installation Of Recirculation Piping System Using Schedule 40 High- Pressure Pipe And Fittings." 1 Set Item 9: Dialyzer Rack Specifications: " Floor-to-ceiling Rack Designed To Hold 110 Dialyzer Units With Secure Storage And Easy Access." 1 Set Item 10: Defibrillator Technical Specifications: " Defibrillator Type: Manual, Synchronized, Asynchronous  Energy Accuracy: ±1%  Energy Selection: 0, 20, 50, 100, 160, 250, 300, 360 Joules (nominal At A Resistance Of 50)  Charging Time: Maximum 10 Seconds To 360 Joules  Standard Adult/pediatric Paddles: Reusable External Adult Paddles (pediatric Paddles Integrated)" "power Requirements:  Ac Power Supply: 100v~240v, 50hz/60hz  Vehicle Voltage (optional): Dc 12v Internal Battery Backup:  Battery Type: Rechargeable Lead-acid Battery (12v 2.0ah X2)  Charging Time: Minimum 4 Hours For Full Charge  Battery Charging: Charged During Ac Power Supply Operation  Charging/low Battery Indication: Red Led  Battery Capacity: 100% Charge Provides 120 Minutes Of Monitoring Or 35 Discharges At 360 Joules. " "display: Lcd Dimensions: 7-inch High-resolution True-color Graphic Display Ecg Features:  Ecg Lead: I, Ii, Iii, Avr, Avl, Avf, V1~v6  S-t Segment Analysis: -2.0mv~+2.0mv  Arrhythmia Analysis: Yes  Protection: Withstands 4000v Ac/50hz Voltage Isolation And Protection Against Electrosurgical Knives And Defibrillation. Respiration:  Measurement Method: Thoracic Impedance Standard Configuration:" " Ecg, Respiration, Defibrillator Monitoring Optional Parameters:  Recorder  Li-ion Battery (11.1v 4ah X2) Support/service Maintenance:  Installation And Training On Device Setup And Use.  Accessibility To Address Malfunctions Or Technical Issues Within The Warranty Period.  Availability Of Spare Parts Locally To Minimize Downtime.  Availability Of Service Personnel Within The Warranty Period For Fast Response And Repairs.  Operator And Technical Manual With Comprehensive Guides For Safe Operation And Maintenance." 15 Sets Item 11: Hemodialysis Machine With Hemodialysis Chairs, Machine Avr & Television Set "the Hemodialysis Machine With Hemodialysis Chairs & Avr Is A High-performance Medical Device Designed To Efficiently Support Various Dialysis Treatments, Including Hemodialysis (hd), Intermittent Ultrafiltration (iuf), Low Flux Continuous Dialysis, High-pressure (hp) Treatments, Plasma Exchange, And Plasma Adsorption. This System Ensures The Safe, Efficient, And Precise Treatment Of Patients With Renal Failure. Key Features: 1. Intelligent Operation:  Lcd Touch Screen: A Multi-angle Rotating Screen With A Multi-language Interface (chinese, English, Etc.), Ensuring Easy Operation And Accessibility.  Guided Operation Interface: Simplifies User Interaction, Providing Step-by-step Guidance For Efficient Machine Operation.  Automated Power On/off & Disinfection: Automatic Settings For Daily Power Cycles And Disinfection Procedures, All Conditions Are Recorded For Traceability.  Automatic Venous Level Detector: Prevents Blood Exposure To Air, Reducing The Risk Of Contamination.  Kt/v Calculation: Monitors Dialysis Efficiency And Ensures Treatment Adequacy.  Substitution Automatic Rinsing: Reduces Hospital Staff Workload And Minimizes Operational Costs." " Automatic Dialyzer Charging & Discharging: Enhances Operational Efficiency And Reduces Manual Labor.  Real-time History Recording: Treatment Parameters, Patient Info, And Running Conditions Can Be Recorded And Retrieved In Real-time For Optimal Monitoring.  Intelligent Maintenance System: Ensures Easy Maintenance And Alerts Users To Any Issues.  Brushless Rotor: Increases System Longevity And Simplifies Maintenance.  Ultrafiltration Clearance: Achieves A 0.1% Accuracy In Ultrafiltration, Improving Dialysis Outcomes.  Three Motor Pump: Ensures Steady, Reliable Fluid Management Throughout The Treatment.  Upgradeable Operating System: The Machine’s Software Can Be Upgraded For Enhanced Functionality. 2. Safety Features:  Individual System Control: Separate Control Of Blood, Hydraulic, And Monitor Systems, Each Equipped With Safety Protocols.  Mandatory Testing: Over Ten Mandatory Tests For Systems Such As Balance, Mixing, Uf, Air Detection, Blood Leakage, Etc., Ensuring Reliable Machine Performance.  Hydraulic And Leakage Monitoring: Ensures Safety During Dehydration Processes And Prevents Leaks.  Ultrasonic & Optical Venous Monitoring: Ensures Safe Blood Return By Detecting Tiny Bubbles." " Led And Audio Alarms: Multi-color Led (red, Yellow, Green) Indicators, Coupled With Various Sound Alarms For Enhanced User-friendliness.  Backup Power Supply: Provides 40 Minutes Of Backup Power In Case Of An Electrical Outage.  Ap, Vp, Tmp Monitoring: Quick Alarm Alerts For Abnormal Pressure Conditions.  Double-stage Endotoxin Filtration: Ensures The Substitution Fluid Meets Aami Standards For Quality.  Advanced Volume Balance Control: Maintains Accurate Ultrafiltration For Precise Patient Treatment.  Dialysate Mixing System: Ensures Accurate Ionic Concentration In The Dialysate For Optimal Treatment.  Integrated Air Detection And Blood Recognition: Detects Even The Smallest Air Bubbles To Prevent Safety Risks. " " Bicarb Fluid: Helps Avoid Microbial Contamination In The B Fluid. 3. Powerful Functionality:  Syringe Support: Includes 10ml, 20ml, 30ml, And 50ml Syringes, Which Are Automatically Recognized And Can Be Self- Tested For Errors. Fully Supports Heparin Profile Management.  Automatic Vital Signs Monitoring: The Machine Automatically Tracks Patient Heart Rate And Blood Pressure During Treatment, Reducing Staff Workload.  Ultra-pure Dialysate Supply: Ensures The Highest Quality Of Dialysis Fluid For Improved Patient Outcomes." " Isolated Hp Mode: Reduces Self-test Time And Minimizes Dialysate Wastage.  Customizable Dialysate Formula: Pre-set And Customizable Dialysate Formulations Are Compatible With A Wide Range Of Solutions Or Powders.  Flexible Dialysis Options: Supports Both Single And Double-needle Dialysis Configurations For Varying Clinical Needs.  Standard And Custom Profiles: Offers Customizable Profiles For Sodium, Uf Rate, Bicarbonate, Heparin Flow, Dialysate Flow, And Temperature, Tailoring Treatment To Individual Patient Needs.  Sequential Dialysis Process: Supports Treatments Such As Sequential Dialysis (hd→iuf) Or High-low Sodium Sequential Dialysis.  Network Usb Integration: Enables Patient Data And Machine Management Through Central Systems." " Central Dialysate Supply Integration: Seamlessly Connects To Centralized Dialysate Supply Systems. Support & Service Maintenance:  Installation And Training: Comprehensive Installation Services, Followed By Operator And Technical Training To Ensure Proper Use And Maintenance Of The Machine.  Warranty And Maintenance: Access To Technical Support For Any Malfunction Or Issues Within The Warranty Period. Local Spare Parts Availability Ensures Minimal Downtime.  Manuals: Detailed Operator And Technical Manuals Are Provided For Ease Of Reference.  Selector Switch For Auto/manual/test Gen  Pilot Lights For Normal And Emergency Conditions" 1 Set Item 12. Pabx / Telephone System " Line Transfer Capability: Supports Transfer From 3 Trunk Lines To 8 Local Lines.  Display: Backlit Lcd Screen For Easy Readability In Various Lighting Conditions.  Audio Features: Hands-free Operation With Full Duplex Functionality For Clear Communication.  Headset Support: Includes Optional Support For Electronic Hook Switch (ehs) Headsets.  Navigation: Features A Cursor And Directory Dial Key For Easy Navigation Through Contacts.  Network Compatibility: Supports 10/100/1g Ethernet For Reliable And High-speed Communication.  Power Options: Power Over Ethernet (poe) Support Or Optional External Power Adapter.  Voip Security: End-to-end Voip Encryption To Secure All Communications.  Mounting: Wall-mountable Design For Space-saving And Flexible Installation. Support/service Maintenance:" " Installation & Training: Comprehensive Installation And User Training Provided To Ensure Optimal System Usage.  Warranty Support: Accessible Support For Troubleshooting And Resolving Technical Issues Within The Warranty Period.  Spare Parts Availability: Local Availability Of Replacement Parts To Minimize Downtime.  Service Personnel: On-site Service Personnel Available Within The Warranty Period For Repairs And Technical Assistance.  Documentation: Detailed Operator And Technical Manuals Included For Ease Of Use And Reference." 1 Set Item 13. Manpower Pooling, Trainings & Seminars " Staff Hiring: Professional Staff Recruitment Services For Laboratory, Dialysis, And Other Essential Healthcare Roles.  Training Programs: O Laboratory & Dialysis Staff: Full- Course Certified Training Program Tailored For Laboratory And Dialysis Personnel, Including Meal Allowances And Accommodation. O Diagnostic Staff: Comprehensive Training For Diagnostic Technicians With Certification, Including Meal Allowances And Accommodation. O Administrative Personnel: Full- Course Certified Training Program For Administrative Staff, With Meal Allowances And Accommodation." "o Administrative Personnel: Full- Course Certified Training Program For Administrative Staff, With Meal Allowances And Accommodation. O Nurses: Full-course Certified Training Program For Nurses, Including Meal Allowances And Accommodation. O Technicians: Certified Technical Training For Medical Equipment Technicians, With Meal Allowances And Accommodation. O Physicians: Full-course Certified Training For Physicians, With Meal Allowances And Accommodation. Each Training Program Is Designed To Ensure Professional Certification And Enhance The Skills Of Healthcare Staff, While Also Providing Full Support For Meals And Accommodation To Ensure A Seamless Learning Experience." 1 Set Item 14. Immunoassay Poct Machine A Compact, Reliable, And High-performance Immunoassay Machine Designed For Point-of-care Testing (poct). Ideal For Rapid Diagnostics, It Ensures High Accuracy And Supports Real-time Testing With Comprehensive Testing Capabilities. Simple Operation And High Throughput Make It Suitable For Various Healthcare Settings, Including Clinics, Hospitals, And Laboratories. "key Features:  Compact And Reliable: Designed For Space Efficiency And Dependable Operation In Busy Environments." " High Accuracy: Equipped With Available Controls And Calibrators To Ensure Precise Results.  Real-time Testing: Provides Immediate Test Results, Enabling Quick Decision- Making.  Simple Operation: User-friendly Interface For Ease Of Use By Healthcare Professionals.  Comprehensive Testing Items: Supports A Wide Range Of Tests, Covering Multiple Aspects Of Patient Health.  High Throughput: Capable Of Processing Large Numbers Of Tests Quickly, Supporting Efficient Workflows." "complete Parameters:  Thyroid Function  Hormones  Cardiac Markers  Inflammation Detection  Renal Function  Digestive Function  Tumor Markers  Allergies  Infectious Diseases  Hba1c, And More. Support/service Maintenance:  Installation And Training: Professional Installation And Operator Training To Ensure Proper Setup And Usage." 1 Set Item 15: Electrolytes Machine "sample Types:  Serum, Plasma, Whole Blood, Cerebrospinal Fluid, Dilute Urine Measuring Speed:  ≤ 25 Seconds Per Test Analysis Method:  Ion Selective Electrode (ise) Sample Volume:  60–150 Μl  200 Μl Sample Capacity:  30 Sample Positions" " 5 Emergency Sample Positions (only For Bke-b/d/f/l Models) Injection Mode:  Manual Or Automatic Injection (only For Bke-b/d/f/l Models)  Manual Injection (for Bke-a/c/e Models) Data Storage:  Up To 50,000 Test Results Printer:  Built-in Thermal Printer Interface:  Rs232 Port For Laboratory Information System (lis) Connectivity Display:  7-inch High-definition Touch Screen Languages Supported:  Chinese And English (other Languages Can Be Customized) Calibration:  Automatic And Manual Calibration Options" "additional Features:  Sample Volume Detection Power Supply:  Ac 110–240v, 50/60hz, 70va Operating Conditions:  Temperature: +10°c To +40°c  Relative Humidity: ≤ 80%  Atmospheric Pressure: 86–106 Kpa Support & Service Maintenance  Installation And Training: Comprehensive Setup And User Training Are Provided.  Technical Support: Access To Support For Any Malfunction Or Technical Issue Within The Warranty Period.  Spare Parts Availability: Spare Parts Are Readily Available Locally.  Service Personnel Availability: Service Technicians Are Available Within The Warranty Period.  Manuals: Operator And Technical Manuals Are Included For Ease Of Use And Maintenance." Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary "pass/fail" Criterion As Specified In The Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The "government Procurement Reform Act". Bids Received In Excess Of The Approved Budget For The Contract (abc) Shall Be Automatically Rejected At Bid Opening. Bid Documents Are Available From February 07, 2025 February 27, 2025 Upon Payment Of Non-refundable Fees Stated Above, From 8:00am To 12:00n And From 1:00pm To 5:00pm, Monday To Friday, And Up To 9:30am On The Last Day Of The Issuance And Acquisition Of Bid Docs, At The Municipal Administrator's Office/bac Secretariat Office, 2nd Fl., Sindangan Municipal Hall (tel. No. (065)224-2750 Or 224-2212). Prospective Bidders Should Have Experience In Undertaking A Similar Project Within The Last Two (2) Years With An Amount Of At Least 50% Of The Proposed Project For Bidding. The Eligibility Check/screening As Well As Preliminary Examination Of Bids Shall Use Non-discretionary “pass/fail” Criteria. Post-qualification Of The Lowest Calculated Bid Shall Be Conducted. The Bac Will Allow A Partial Bid For The Following Items: All Participants Relative To Eligibility Statement And Screening. Bid Security, Performance Security, Pre-bidding Conference(s), Evaluation Of Bids, Post-qualification And Award Of Contract Shall Be Governed By The Pertinent Provisions Of R.a. 9184 And Its Implementing Rules And Regulations (irr). The Complete Schedule Of Activities Is Listed, As Follows: Activities Schedule 1 Issuance Of Bid Document February 07, 2025 8:00 Am 2 Submission Of Bids (deadline) February 27, 2025 9:30 Am 3 Opening Of Bids February 27, 2025 10:00 Am 4 Bid Evaluation February 28, 2025 10:00 Am 5 Post Qualification March 03, 3025 10:00 Am 6 Notice Of Award March 04, 3025 10:00 Am "the Local Government Unit Of Sindangan 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." Approved By: Fletcher C. Fuertes, Mba Bac Chairman

Details: Description Request For Quotation (rfq) Date: February 23, 2025 Rfq No.: 2025-ron027 Pr#: 2025-02-076 The Owner/proprietor _________________________ _________________________ Sir/ma’am: Please Quote Your Price For The Items Specified Below, Taking Into Consideration The Following & Fill-up The Above Portion “the Owner/proprietor& The Portion Below The Price Quotation: Name Of The Transaction: Purchase Of Supplies For Coe Physics And Chemistry Laboratory Use In Compliance With The Copc Requirement. Terms And Conditions 1. The Total Approved Budget For The Contract (abc) Is Six Hundred Forty-eight Thousand Nine Hundred Pesos Only (₱648,900.00) 2. Price Quotation Should Be Inclusive Of The Required Tax Obligations; 3. Submission Of Bids Through Sealed Envelope Or Electronic Mail To Essubacoffice1@gmail.com When: On Or Before 9:00 Am Of February 26, 2025 Where: Quotation Drop Box, Bac Office, 2nd Floor Of Essu Admin Building 4. Opening Of Submitted Rfqs: When: Exactly 10:00 Am Of February 26, 2025 Where: Procurement Office, 2nd Floor Of Essu Admin Building 5. Evaluation Of Bids Shall Be Conducted On A “per Item” Basis; Delivered To Essu Main Campus 6. Delivery Period Is Fifteen Calendar Days (15 Cd) Upon Receipt Of Notice To Proceed (ntp). 7. If Awarded The Contract, Processing Of Payment Shall Be Made Within Five (5) Working Days Upon Receipt Of Billing Request. 8. Refusal To Accept An Award May Be Ground For Imposition Administrative Sanctions Under Rule Xxiii Of The 2016 Revised Irr Of Ra 9184; And 9. Failure Of The Supplier To Deliver Goods And Render Services Under The Contract Within The Specified Delivery Schedule Shall Made Him/her Liable For Damages For The Delay. 10. Subject To The Submission Of The Following Documents: Failure To Submit The Same May Result For A Disqualification Under The Applicable Law. A. Dti/sec Certificate Of Registration B. Income /business Tax Return (abc’s Above 500k) C. Mayor’s /business Permit D. Philgeps Class “a” Platinum Or Philgeps Registration Number E. Omnibus Sworn Statement Notarized (for Abc’s Above 50k) F. Professional License/curriculum Vitae (consulting Services Only) G. Pcab License (infra Project Only H. Request For Quotation (rfq) 11. Price Quotation/s, To Be Denominated In Philippine Peso, Shall Include All Taxes, Duties, And/or Levies Payable Rolando L Cadalin Jr. Authorized Canvasser Dr. Jerald P. Torillo Bac Chairperson To The Bac Chairperson: I Have Read And Understood The Procurement Terms And Conditions Stated Above. By Signing This Quote, I Hereby Agree And Bind Myself To The Above Terms And Conditions. Item # Qty Unit Particular Abc Bid Price Unit Price Total Amount 1 5 Pcs Al Strips 1,000.00 2 10 Pcs Alligator Clip 1,000.00 3 1 Set-up Conductivity Apparatus 10,000.00 4 10 Pcs Cu Strips 5,000.00 5 25 Ml Cuso4 Solution 10,000.00 6 1 Set-up Distillation Apparatus, 1000ml 24/40 Glass Distillation Vacuum Apparatus W/500ml Erlenmeyer Flask 22,000.00 7 25 Ml Electrolyte Solution 15,000.00 8 5 Pcs Evaporating Dish, 100ml Ceramic 4,000.00 9 25 Ml Fe (no3)3 Solution 4,000.00 10 25 Ml Fecl3 Solution 3,000.00 11 5 Pcs Filter Stand 5,000.00 12 5 Pcs Glass Funnel, 90mm 2,000.00 13 5 Pcs Graduated Cylinder, 50ml, 100ml, 250ml, 500ml, 1l 3,000.00 14 80 Ml Hcl Solution 4,500.00 15 25 Ml Hexane, Non Polar Solvent 3,000.00 16 8 Grams I2 Crystals, Granular Form 1,500.00 17 25 Ml Kcl Solution 1,500.00 18 3 Grams Kclo3 Solid, White Crystalline Solid 500.00 19 25 Ml Kmno4 Solution 1,500.00 20 25 Ml Kscn Solution 1,500.00 21 10 Pcs Mg Strips, Thin Strips Of Magnesium Metal; 99% Pure 1,200.00 22 5 Grams Nacl 2,000.00 23 50 Ml Nacl Solution 1,000.00 24 25 Ml Naoh Solution 1,000.00 25 5 Ml Nh4oh Solution, 28% To 30% Concentration 1,000.00 26 50 Ml Pb (no3)2 Solution 3,000.00 27 5 Pcs Pb Strips 500.00 28 5 Pcs Petri Dish 1,000.00 29 20 Pcs Ph Paper 500.00 30 5 Pcs Sand Bag 2,500.00 31 5 Pcs Syringe,1 Ml, 5 Ml, 10 Ml Capacities, Plastic Or Glass 1,000.00 32 5 Pcs Triple Beam Balance, 0.1gram Accuracy, 2kg Capacity 30,000.00 33 5 Grams Urea 1,500.00 34 25 Ml Zn (no3)2 Solution, 0.1 M To 1 M Solutions 2,500.00 35 15 Pcs Zn Strips 3,000.00 36 5 Pcs Filter Paper, Ashless, 90 Mm Diameter 1,000.00 37 5 Pcs Iron Stand And Ring, Adjustable Rings, Corrosion-resistant 9,000.00 38 5 Pcs Tripod, Stainless Steel, Height-adjustable 4,500.00 39 15 Pcs Glass Tubing, Borosilicate Glass, Various Diameters 6,750.00 40 2 Sets Aluminum Foil, 1: Heating Temperature: 350-410 Degrees. 2: Tensile Strength (mpa) "75. 3: Yield Strength (mpa) "35 4: Standard: Gb / T3190-1996 5: Elongation: 3-5 6: Aluminum Content: 99.6% 7: Hb Hardness: 20-35 8: Welding: General 9: Cutting Resistance: Very Good 10: Corrosion Resistance: General. Features : -aluminum 300.00 41 10 Pcs Bar Magnet, 1: Heating Temperature: 350-410 Degrees. 2: Tensile Strength (mpa) "75. 3: Yield Strength (mpa) "35 4: Standard: Gb / T3190-1996 5: Elongation: 3-5 6: Aluminum Content: 99.6% 7: Hb Hardness: 20-35 8: Welding: General 9: Cutting Resistance: Very Good 10: Corrosion Resistance: General. Features : -aluminum 4,000.00 42 5 Pcs Beaker, Material:gg-17 Borosilicate Glass Capacity:250 Ml 750.00 43 5 Pcs Beam Balance, Max. Weight: 2610g Graduation Value: 0.1g Beam Calibrations: 10*0.1g, 100*10g,500*100g Total Capacity Is 2610grams 15,000.00 44 5 Pcs Bread Board, Solderless Breadboard Specifications: Size/dimensions: Mini: 170-400 Points 1,500.00 45 5 Sets Bridging Plugs/connecting Wires, Material: Imported Polycarbonate, Copper Working Voltage: < 36v Max Current: 9a (conductor Without Wire) Workable Wire Type: Solid Wire / Stranded Wire Workable Wire: 22-20awg/0.34 - 0.54 Mm² Flame Retardancy Level: Ul94v-0 Protection Rating: Ip40 Outer Body Cold Resistance: - 45°c Working Temperature: -20°c～80°c Quantities: 10 Pieces Size: Approx. 21.8 * 9.8 * 6.15mm / 0.85 * 0.38 * 0.24in Net Weight: Approx. 9g 2,000.00 46 5 Pcs Clamp, Material: Galvanized Steel Style: Double And Single 1/2" 2,000.00 47 5 Pcs Coil, 10m Nichrome Resistance Wire Nichrome Heating Coil For Heating Machine 0.25mm Features: Nichrome(cr20ni80) Heating Alloy, Temperatures Resistant, Corrosion Resistant. Wire Diameter: 0.25mm/0.01inch; Length: 10m/33ft. 2,000.00 48 5 Pcs Compass, Product Name: High-precision Stainless Steel Multifunctional Metal Compass Material: Stainless Steel Weight: 80g/2.82oz,55g/1.94oz Size: 7.5cm × 7.5cm × 1.4cm/2.95inch × 2.95inch × 0.55inch 6.0cm × 6.0cm × 1.3cm/2.36inch × 2.36inch × 0.51inch 5,000.00 49 15 Pcs Component Holder, The Component Holder Is An Instrument For Holding The Electronic Components Such As Resistors, Capacitors, Leds, Ldrs Etc For The Use In Different Experimental Circuits. With 4 Mm Socket Connectors 2,250.00 50 5 Pcs Concave Lens, Optical Glass Optics Double Concave Lens Great Concave Glass For Spinning Tops Material: Optical Glass Lens Diameter: 10cm Focal Length: -30cm 2,500.00 51 5 Pcs Conducting Paper, Material Composition: Base: Made Of Paper Or Cardboard. Coating: The Conductive Material (such As Graphite, Silver, Or Carbon) Is Typically Applied To The Surface Of The Paper To Provide Conductivity. 5,000.00 52 5 Sets Connecting Wires, 10 Meters Pvc Wire 20awg 1.8mm Pvc Wire Electronic Cable Insulated Led Cable 2,500.00 53 5 Pcs Convex Lens, Material: Optical Glass Color: Transparent Shape: Biconvex Lens Diameter: 25mm Focal Length: 45mm Package Included 2/10 X 25*45mm Biconvex Lens 2,500.00 54 5 Pcs Crossed Arrow Target, Diameter: 40cm Weight: 20g Material: Paper 5,000.00 55 5 Pcs Cylindrical Lens, Product: Cylinder Material: Alloy And Glass. Color: Silver. Overall Length: 70mm/2.76". Lens Dia: 36mm/1.18" 2,500.00 56 5 Pcs Fixed Capacitor (330 Microfarad), 330uf Smd Tantalum Capacitor 2.5 Volts 2,500.00 57 25 Pcs Fixed Resistor (100 Ohms), Features:standard General Purposemaximum Power Dissipation:2wtolerance Rating:±1% 3,000.00 58 5 Pcs Frame For Bar Magnets, The Practical Poster Frame Holder Consists Of A Ferrite Magnet, A Plastic Housing Available In Black Or White And A Horizontal Adapter For Our Special Poster Frames On The Top. The Holder Enables Posters And Advertising Materials To Be Attached Quickly And Flexibly To All Magnetic Surfaces. Thus, In Combination With The Poster Frame, It Is Ideally Suited And The Ideal Aid For The Sales Or Storage Room Of Shops Or On Exhibition Stands. The Holder Is Also Characterized By A Relatively High Adhesive Force. Weight: 43 G / Pcs 5,000.00 59 5 Pcs Galvanometer, Material: Plastic + Electronic Component Sensitive Range: -30-0-30μa Size: 133x97x100mm Accuracy: ≤5% Application: Environment Temperature: 0℃+40℃ Relative Humidity: ≤85% 12,500.00 60 5 Pcs Glass Plate, Specifications: Material: Borosilicate Glass Culture Dishes Size Types：approx 60mm 75mm 90mm 100mm (diameter) 60mm Type Size：approx 56x65x18mm/2.2x2.56x0.71in 75mm Type Size：approx 72x79x17mm/2.83x3.11x0.67in 90mm Type Size：approx 86x96x20mm/3.38x3.78x0.78in 1000mm Type Size：approx 97x106x22mm/3.82x4.17x0.87in 2,500.00 61 5 Pcs Glass Plate Of Size Similar To Friction Board, Size: 4" X 6" Clear Glass Plate; 6" X 8" Clear Glass Plate; 8" X 10" Clear Glass Plate 1,500.00 62 5 Pcs Hanging Mass, Contains 4 50g Weights And A 50g Hanger Weights Are Slotted To Fit And Lock On To The Hanger Slot Is Approximately 2mm Wide 1,500.00 63 5 Pcs Horseshoe Magnets, Material: Alnico; Dimension: 25mm L X 9x9mm 5,000.00 64 5 Pcs Hydrometer Jar, Body Color : Clearbottle/jar Shape: Cylindricaldiameter: 50 Mmheight : 375 Mmlabware Basic Material : Glasslabware Capacity : 600 Mlmouth : Wide 5,000.00 65 5 Pcs Inclined Plane, Material: Alloy Steel Style : Modern Power Source: Manual Product Dimensions : 24.4 X 7.5 X 2.4 Inches (62 X 19.1 X 6.1 Cm); 6 Pounds (2.72 Kg) 25,000.00 66 5 Pcs Inverted U-tube, Made Of Stainless Steel 304 1.5mm Thickness 2” Diameter Rd. Tube , 180 Deg. U Shaped 30cm Outside Diameter - Width Mandrel Bend Mirror Finished 15,000.00 67 5 Sets Iron Fillings, Iron, Filings, 40 Mesh, Laboratory Grade, 500 G 1,000.00 68 5 Sets Jumper, Jumper Cable 10/15/20/30 Cm. 40p Pam Wire Bread Board Rehearsal 2.54mm Dupont Line 1,000.00 69 15 Pcs Light Source, Sodium/mercury Lamps, High Pressure Sodium Lamp Plant Lighting Growing Lamp Bulb Yellow High Efficiency 220v E27 E40 70w 100w 250w 400w 1000w; 125w160w250w500w Self-ballasted Mercury Lamp Mercury Lamp Fluorescent Lamp 15,000.00 70 5 Pcs Mass With Hook, Solid Chrome Plated Metal, Durable To Use; 200g Per Double Hook Weight. The Weights Are Easy To Move And Have Hooks On Both Sides For Attaching Extra Weight. 4,000.00 71 5 Sets Masses, Stainless Steel Anti-oxidation: Contains Different Masses (1g-100g) 6,000.00 72 5 Pcs Metal Ball Of Different Sizes, Name: Steel Ballmaterial: 304 Stainless Steelsurface: Polished Processspecification: 1mm 1.2mm 1.5mm 1.588mm 1.8mm 2mm 2.381mm 2.5mm 2.778mm 3mm 3.175mm 3.5mm 3.969mm 4.5mm 4.763mm 5mm 5.556mm 6mm 6.35mm 6.5mm 7mm 7.144mm 7.5mm 8mm 8.5 Mm 9mm 9.525mm 10mm 11mm 12mm 3,500.00 73 2 Sets Metal Conductor With Insulated Handle, Specification: Size: 16awg~24awg Ul1015 Length: 10meters Raged Voltage: 600v Temperature Resistance: 105deg.c Conductor Material:tinned Copper Insulation Material:pvc It Will Be A Single Cut If Order 2 Or More Pcs Features: Wire Core Is Composed Of Many Strands Of Tinned Copper Wire, External Insulation Consists Of Pvc. 2,000.00 74 5 Pcs Metal Stand, Load Capacity: Should Be Capable Of Holding Weights Or Apparatus (up To 5–10 Kg) Securely. Height: Adjustable Height To Accommodate Apparatus Like A Rotating Drum Or Calorimeter. Corrosion Resistance: Essential For Experiments Involving Liquids Or High Humidity. Flexibility: The Stand Should Allow For Easy Attachment And Adjustment Of Clamps For Precise Alignment. 10,000.00 75 5 Pcs Metal Stick, 150 X 10 Mm Dia. 1,000.00 76 5 Pcs Micrometer Caliper, High Precision: The Precision Is 0.02mm Multi Function: Metric Thickness Is Included Between 0 And 6 Inches / 150 Mm. It Can Measure Outer Diameter, Inner Diameter, Depth And Pitch Value Of Exquisite Item, A Multifunctional Tool For You. Measurement Range: 0 - 150mm 5,000.00 77 5 Pcs Mohr-westpal Balance, Plummet Volume: Pre-calibrated To Displace A Known Volume Of Liquid. Weight Accuracy: Typically To The Nearest 0.001 G. Scale Range: Usually Measures Specific Gravity Values From 0.7 To 2.0 Or More. Material: Corrosion-resistant Materials For Durability. 20,000.00 78 5 Pcs Mounted Straight Wire, Wire Material: Copper Or Aluminum, Chosen For Their Excellent Electrical Conductivity.wire Gauge: Typically 20 To 22 Awg (american Wire Gauge) For Manageable Current Handling And Ease Of Manipulation.length: Varies Based On Experimental Requirements; Common Lengths Range From 1 Meter To Several Meters.mounting Base: Non-magnetic Materials Such As Acrylic Or Pvc To Prevent Interference With The Magnetic Field. 2,500.00 79 5 Pcs Natural Magnets, Material: Magnetite (fe₃o₄), A Naturally Occurring Iron Oxide. Magnetic Strength: Generally Weaker Than Synthetic Magnets Like Neodymium Or Samarium-cobalt. Shape: Typically Irregular, As They Are Naturally Formed. Size: Varies; Small Specimens Suitable For Display Or Study Are Common. 2,500.00 80 5 Pcs Parallel Ray Lens, Lens Shape: Plano-convex Surface Quality: 60-40 Scratch-dig Surface Flatness: Λ/8 Surface Accuracy: 1.5 Λ Chamfers Angle/tolerance: 45° ±15° Material: Germanium Clear Aperture: ≥central 90% Of Surface Area 15,000.00 81 5 Pcs Ray Optics Mirror, 1x Double-convex Lens 1x Double-concave Lens 1x Acrylic Trapezoid 1x Triangular Mirror Accessory With Concave, Convex, And Plane Reflective Surfaces 1x Hollow Lens To Fill With A Liquid Or Use As An Air Lens. 1x Storage Box/water Tank With Foam Insert And White Plastic Sheet 12,500.00 82 10 Pcs Resistors,m Type: Fixed Resistor (0ω, 22ω, 47ω, 100ω, 150ω, 200ω, 220ω, 270ω, 330ω, 470ω, 510ω, 680ω, 1kω, 2kω, 2.2kω, 3.3kω, 4.7kω, 5.1kω, 6.8kω, 10kω, 20kω, 47kω, 51kω, 68kω, 100kω, 220kω, 300kω, 470kω, 680kω, 1m)resistance Tolerance: 1%technology: Cermetcolor: Blueoperating Temperature: -20-+85temperature Coefficient: -20-+85model Number: 10r 22r 47r 100r 150r 200r 220r 270r 330rrated Power: 1/4w 2,000.00 83 5 Pcs Reversing Switch, Within Dc220v High Current: 15a Rated Current: 10a High Power: 250w This Product Can Manually Control Brush Dc Motor Forward, Stop, Reverse Function. 2,500.00 84 5 Pcs Ring, Ring Clamps (or Iron Rings) Are Also Commonly Used In The Organic Lab. They Are Used To Hold Separatory Funnels, And Can Be Used To Secure Funnels When Filtering Or Pouring Liquids Into Narrow Joints. Size: 100mm; 120mm; 140mm; 60mm;80mm 2,000.00 85 5 Sets Rubber Hammer, Dimension: *small - Weight: 240g - Length: 9in - Head Diameter: 5cm - Head Length: 8cm *medium - Weight: 390g - Length: 11in - Head Diameter: 6cm - Head Length: 9cm *large - Weight: 785g - Length: 13in - Head Diameter: 7cm - Head Length: 11cm Material: Rubber Mallet With Wooden Handle 5,000.00 86 5 Sets Set Of Weights, Name:calibration Weight Set Size:as Show Material:steel Package:10g、20g、50g、100g、200g、500g 5,000.00 87 5 Pcs Slit Mask, Aperture Size: Diameter 1mm Hole, 2 Pieces, Black Anodizing Finishing, Sensing Range 180 Mm (gse2s) And 198 Mm (wse2s) 10,000.00 88 5 Pcs Slit Plate, Material: Molybdenum; Size 150 X 1 Mm(t), Various Sizes Of Slits 10,000.00 89 5 Sets Slotted Masses, 5-500g, 2 X Slotted Masses(200g) 2 X Slotted Masses(100g) 2 X Slotted Masses(50g) 2 X Slotted Masses(20g) 2 X Slotted Masses(10g) 2 X Slotted Masses(5g) 3 X Slotted Masses( 2g) 2 X Hangers 1 X Box 4,000.00 90 5 Pcs Solenoid, Current Characteristics : Direct; Recommended Power On Time: Within 5 Secondstrip : 10mm12v: Current: 2a, Suction: 4n24v: Current: .300ma, Suction: 4n1.a Framework: High Quality Low Carbon Steel, A Integrated, Remanence Little White Zinc Plating, Beautiful And Corrosion Resistance2.coilnational Standard Copper Electromagnetic Wire, Mechanical Automation Winding; The Iron Core: Pure Iron Core, The Demagnetization Heat Treatment, Magnetic Force Is Stronger; Spring/card/nut: Using 304 Stainless Steel, Durable; Copper Wire: High-temperature Tin Plated Copper Wire, Oxidation Resistance, Low Resistance Can Withstand High Tension, Two Lines Of Both Positive And Negative 2,500.00 91 5 Pcs Spark Timer/ticker Timer, Material: Metal Package Weight: Approx.490g Size: Approx.15x15x4cm/5.90x5.90x1.57in 12,500.00 92 5 Pcs Spdt Switch, Ac 250v/3a 125v/5a Momentary Spdt 3 Positions Toggle Switch T80-r 1,250.00 93 5 Sets Specimen For Shot, 60 Ml Capacity 750.00 94 5 Pcs Spherical Mirror, Diameter: 45cm、60cm、80cm Mirror Curvature: 130 Degrees Style: Indoor、outdoor 12,500.00 95 5 Pcs Spring, Compression Springs, Return Springs, Carbon Steel Nickel Plated Compression Springs; Color: Nickel Color ; Size: Wire Diameter 1.1mm*outer Diameter 15mm*length 40mm*9 Turns 1,250.00 96 15 Pcs Spring Balance, Metal Spring Balance Sizes: 12kg,25kg,50kg 5,250.00 97 5 Pcs Spst Switch, *name: Rocker Switch *material: Plastic + Metal *color: Black (as Pictures Show) *voltage: Dc 12v,16a *ports: 2 Pins *spst: On-off *dimension: 10*15mm/0.4*0.6 Inch (approx.); Spst On-off Control And 2 Terminals 150.00 98 5 Pcs Stirrer For Shot, Glass Stirring Rod Made From High Quality Borosilicate Glass Suitable For Mixing Reagents And Solutions In The Laboratory. Can Also Be Used In Mixing Formulations In The Cosmetics, Pharma, Etc. Available Sizes: 1. 30 Cm ± 1 Cm (diameter: 6 Mm) 2. 20 Cm ± 1 Cm (diameter: 6 Mm) 3. 15 Cm ± 1 Cm (diameter: 6 Mm) Sold Per Piece. Kindly Allow Measurement Difference Of +/- 1 Cm. 500.00 99 5 Pcs Stopwatch, Package Size: 9.3x2.6x14cm / Package Weight: 40g Body Weight: (approximately) 60 G Material: Resin Functions: Countdown Timer (maximum Set: 99 Hours 59 Minutes 59 Seconds), 4 Timers, Count Up (maximum Measurement Time: 99 Hours 59 Minutes 59 Seconds), Time Display, Magnet, Clip For Stand, 12/24 Hour System Display Switching Power Supply: Alkaline Button Cell Battery (lr44) X 1 (battery Life Approx. 1 Year) 2,500.00 100 5 Pcs Spring, Compression Springs, Return Springs, Carbon Steel Nickel Plated Compression Springs; Color: Nickel Color ; Size: Wire Diameter 1.1mm*outer Diameter 15mm*length 40mm*9 Turns 1,250.00 101 5 Pcs String, Withstands Up To 133 Newtons Of Force (equivalent To 13.6 Kg). 5,000.00 102 5 Pcs Support Rod, Material:aluminum Alloy Type:silver Hood Support,brown Hood Support,nylon Rope Hood Support Length:approx.40.5cm/15.94''-63cm/24.8'' 2,500.00 103 2 Sets Tesla Meter/tangent Galvanometer, Level 1 Technical Specificationsrange :200 Mt 2000 Mt (full Automatic Range Switching)measurement Range: 0 ~ 2400mt 0 To 24000gs （1mt=10gs）range Of Measurements:0 ~ 120%minimum Resolution :10ut 4 Digits Display （0.1gs 0.01mt 10ut）basic Accuracy :±1% (full Range Meets)number Of Digits Displayed :4 Bits (decimal)power Supply :one 9 V Battery(battery Not Included)working Temperature :0℃ ~ 50℃storage Temperature :-20℃ ~ 50℃shape Size :160 Mm × 80 Mm × 32 Mmdevice Weight :260 G (including Batteries And Wires)hall Probe Longitudinal Hall Probe, Wire Length Is About 2 Meters 30,000.00 104 5 Pcs Thermometer, Laboratory-grade, Precision ±0.1°c 2,500.00 105 5 Pcs Tuning Forks Of Three Different Frequencies , Tuning Fork Set - 128hz, 256hz, 512hz 7,500.00 106 5 Pcs Vernier Caliper, Measuring Range: 0–150 Mm / 0–6 Inch Resolution: 0.01mm/0.0004" Accuracy: +0.04mm/0.0016" Tolerance: The 0.04mm Battery: 1 * Lr44 Button Battery(not Included) Material: 4cr13 Stainless Steel Header Material : Abs Plastic Size:236mm/9.2in * 77mm/3in * 15mm/0.59in Package Informations: Package Size:230*80*20mm/8.97*3.12*0.78in Package Weight:290g/10.15oz 2,500.00 107 5 Pcs Vom Or Multitester, Lcd Display 1999 Counts Dc Voltage: 200mv/2v/20v/200v/600v Ac Voltage: 200v/600v Dc Current: 200ua/2ma/200ma/10a Dimension : 7 X 5 X 15 Cm (l*w*h) 2pcs Battery 1pc Negative Probe 5,000.00 108 5 Pcs Weight Holder, Material: Stainless Steel Or Brass Design: Features Hooks Or Slots For Attaching Weights, With Adjustable Components To Accommodate Various Weight Sizes.capacity: 5g-1kg 2,500.00 109 5 Pcs Wooden Cart, Material: Solid Wood (often Hardwood Like Oak Or Maple) Or A Wood Composite (e.g., Plywood); Load Capacity: Varies By Model; Some Carts Can Support Up To 440 Lbs. Dimensions: Common Sizes Include 30" W X 18" D X 30" H. Wheels: Heavy-duty Wheels, Often Made Of Pp (polypropylene) Or Rubber, For Easy Maneuverability. 22,500.00 110 5 Pcs Clamps, Adjustable Metal Or Plastic Devices With A Maximum Opening Range Of 10–50 Mm, Used To Securely Hold Apparatus Or Objects During Experiments. 1,250.00 111 5 Pcs Plane Board With Stand, A Flat Board (50 Cm X 50 Cm To 100 Cm X 100 Cm) Mounted On An Adjustable Stand (50 Cm To 150 Cm Height), Used For Holding Or Displaying Experimental Setups. 25,000.00 112 5 Sets Specimen Liquid, A Liquid Sample Used In Experiments For Studying Properties Like Density Or Viscosity, Typically Measured In Milliliters (ml). 3,000.00 113 5 Pcs U-tube, Length Of Arms: 200 Mm Stand Rod: 33 Mm X 10 Mm Dia Base Plate: 210x70 Mm Approx 30,000.00 114 1 Box Copper Wire, 3.5 Sq.mm Thhn Wire 3,500.00 115 1 Box Copper Wire, 5.5 Sq. Mm Thhn Wire 4,000.00 116 50 Unit Complete Set Of Netwrok Cable Fabrication Tools, Cat 5e/cat 6 Ethernet Cable, Cable Tester, Wire Stripper, Crimping Tool, Rj45 Connector(plastic, Standard, 9v Battery) 15,000.00 Please Fill-out This Portion Legibly And Completely: Name Of Business Or Firm: _________________________________________________________________ Authorized Representative: _______________________________________ Date: ___________________________ Signature Over Printed Name Position In Firm: ________________________________________________ Contact Number: _________________ Business Address: _________________________________________________________________________________

Details: Description Procurement Of Inclusive Learning Resource Centers Assistive Devices, Equipment, Supplies And Materials (lot 10- Arts And Crafts Support Service Area: Skills Development) 1. The Deped Schools Division Of Eastern Samar, Through The General Appropriation Act Of 2024 Intends To Apply The Sum Of ₱ 597,951.44 Being The Abc To Payments Under The Contract For Procurement Of Inclusive Learning Resource Centers Assistive Devices, Equipment, Supplies And Materials (lot 10- Arts And Crafts Support Service Area: Skills Development) Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Deped Schools Division Of Eastern Samar Now Invites Bids For The Above Procurement Project. Bidders Should Have Completed, Within 5 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, Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra 5183 And Subject To Commonwealth Act 138. 4. Prospective Bidders May Obtain Further Information From Deped Schools Division Office Of Eastern Samar And Inspect The Bidding Documents At The Address Given Below During Monday-friday, 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of Php 1,000.00. It May Also Be Downloaded From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. The Deped Schools Division Of Eastern Samar Will Hold A Pre-bid Conference On February 11, 2025, 10:00am At The Bac Office, Deped Schools Division Of Eastern Samar 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 February 24, 2025, 9:00am 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 February 24, 2025, 10:00am At The Given Address Below Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. Only The Proprietor Or Authorized Representative May Be Allowed To Purchase Bidding Documents. Letter Of Intent (loi), Special Power Of Attorney (spa) (for Authorized Representative), And Drl (document Request List From Philgeps) Are Required Upon Purchase. 11. The Deped Schools Division Of Eastern Samar 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. 12. Items, Specifications, Quantity Of Delivery, And Abc: Sewing Machine, Automatic Bobbin Winder, Variable Stitch Length Control, Forward And Reverse Function, Numbered Dial Tension, Threadle Or Motor Options, Drop Feed Knob 5 Piece Utility Shelf, Utility Shelf 2 Pieces Table, Folding Table Ft-02 1200mm L X 400mm D X 750mm Ht., Structure: Melamine 3 Pieces Chairs, Cod Armchair Backrest Wood Horn Chair, 43x48x74, Material: High Quality Iron Wood, Max:150kg 6 Pieces Storage Cabinet, Dimension: 48*30*83cm, Material: Plastic, 3 Pieces Cork Bulletin Board, Wooden Frame, 30x40cm 1 Piece Glue Gun, 40w, 100-240v, Hot Melt Glue Gun 2 Pieces Acrylic Color, 12ml, 12 Colors 3 Pieces Scissors, Scissors, 16cm 4 Pieces Cutters, Wallpaper Blade Cutter, Length 15cm, Width: 15cm 3 Pieces Watercolors, 16 Watercolor Set 3 Sets Art Paper (multiple Colors), Colors Assorted Colored Paper, 250 Sheets, 80 Gsm, Size: 8.5" X 11" 3 Reams Paint Brushes, Brush Set 3 Pieces Yarn, Color, 100% Cotton Yarnfor Crochet, Knitting And Yarn Crafts, Thickness: Light (8 Ply), Weight: 20 Grams, Length:43 Meters 10 Pieces Glue, White 225 Grams 5 Pieces Colored Pencils, Colored Pencil 136 C36 Luna Permanent 36 Colors 3 Sets Colored Pens, Coloring Pen, 12 Colors 3 Sets Sewing Pins, 40 Pieces 3 Pieces Sewing Needles, 16 Pcs Set Hand Sewing Needle, Size: S: 4cm (8pcs), M:4.5cm (6pcs)* L:5cm (2pcs), Mateial;stainless 10 Pieces Rotary Cutter, 45mm Fabric Rotary Cutter, Length:45m, Material:stainless Steel Blade+abs Handle, Color: Orange. Length: 165mm, Blade Diameter:45mm, Suitable For:leather Fabric Vinl Fiber Paper 2 Pieces Tape Measure, Measuring Tape 150cm/60 Inches (1.5m*7mm) 10 Pieces Crochet Hooks, 100pcs Crochet Hook Set,perfect Round Point, Material: Plastic+metal, Size:18*13*3cm, Hook Size: 2mm,2.5mm,3.0mm,3.5mm,4.0mm,4.5mm,5.00mm,5.5mm,6.0mm,6.5mm 2 Pieces Knitting Needles, Sizes: 4,5,6 And 8 2 Pieces Crochet Thread, 5 Ply 100% Mercerized Cotton, Assorted Colors, Length:105 Meters, 50 Grams 20 Pieces Sewing Thread, Spun Polyester Sewing Thread, Assorted Colors, 100 Meters, Polyester Material, 10pcs/box 2 Boxes Convertible Drawing And Drafting Table, Size: 24”x36” ▪color:raw Sienna / Brown ▪weight: 10-11kg 1 Piece Studio/painting Easel, Sizes: 85" - 120" Tall 2 Pieces Table/desk Painting Easel, Could Be An H Or An A Easel Type, For A Easel 38" To 75", For H Easel 84" To 96" 5 Pieces Manual And/or Electric Pencil Sharpener, Pencil Sharpener Hand Crank Manual Mechanical Pencil Sharpener,aluminum Alloy Knife Structure,cutting Outer Diameter Of 6.5-8mm Pencil 4 Pieces Wooden Mannequin, With Stand 11.5/14/21/30cm Wooden Human Mannequin Model Artist Movable Limbs Doll 2 Pieces Transparent Edge T-square, Hardwood Blade Dimensions: 30x13.5x0.2 Inches Weight: 14.4 Ounces Color: Wood Size: 36’’ 2 Pieces Carpentry Tools, Tool Set Includes: 1 – 9” Plastic Torpedo Level 1- Magnetic Bit Holder 1” Cr-v Bits Nut Drivers: 3/16”,1/4”,9/32”,5/16”, 11/32”,3/8” 10ft/3m Tape Measure 150mm Mini Saw 7” Locking Pliers 7-12” Diagonal Cutting Pliers 8” Long Nose Pliers 8” Adjustable Wrench 8” Water Pump Pliers Zinc-alloy Utility Knife Utility Knife Blade Black Cable Ties 160oz Claw Hammer Combination Wrench: ¼”, 5/16”, 3/8”, 7/16”. ½”, 9/16” Precision Screwdrivers:ph1, Ph0, Slotted:1/4, 2.0, 2.4, 3.0mm Metric Hex Keys: 1.5, 2, 2.5, 3, 4,5,5.5, 6mm Sae Hex Keys: 1/16”, 5/65”, 3/32”, 1/8”, 5/32”, 3/16”, 7/32”, ¼” 16” Zipper Tool Bag Item Weight; 8.8 Pounds 17.7x9x9 Inches 2 Sets T50 Staple Gun, Size: 7x9x3 Inches 5/16” Staples 3 Pieces Slop Sink, Size: 30.2x18.4x10.0inch Color: 30”m Style: Single Bowl Material: Stainless Steel Thickness: 3.0-1.2mm 1 Piece Roofing Square Dual Marking Right Angle Picture Framing Carpenter Ruler, Steel 90 Degrees Roofing Square Measuring Size: 20x 30cm/8x12” Rustproof Size: 30x20.5x 20.5 Weight: 0.16kg 3 Pieces Professional Compound Mitre Box & Saw, Adjustable Angle 20x8x9 Inches Miter Box 22 Inches Back Saw 2 Pieces Drawing Lamp, Overall Dimensions: 1.5 “w X 3.5 “d X 29.5 “h Long, Bendable Neck 21” (53 Cm) 28 Led Bulbs Stainless Steel Wattage: 1 Can Be Mounted To Table, Desk Or Easel Usb Plug 2 Pieces Artists Taboret Made Of Beechwood. Measures 35-1/2"h X 17-1/2"w X 14-1/2"d 1 Piece Open Shelves Utility Rack, 72" Height X 48" Width X 18" Depth Five Adjustable Shelves 4,000 Lb. Capacity Steel Frame Particle Board For Shelves Rivet Lock Design With Nuts And Bolts 2 Pieces Chisel Rack For Wood Carving, 3/4″ Thick, And 2 Pieces 3/8″ Tall Plywood Number Of Slots May Vary 2 Pieces Corner Clamp, Maximum Clamping Range 7.5cm, Generally 4 Right-angle Clamp All Together To Use. Material: Aluminum Type: 4 -inch 20.00 X 10.00 X 10.00 8 Pieces Decorative Realistic Artificial Fruits, Assorted Plastic Fruits And/or Eco-friendly Foam Material 2 Sets Geometric Shapes Set, 8-12 Shapes/forms Wood And/or Non-toxic Plastic Shapes Include Sphere, Square, Cylinder, Round Cylinder, Cone, Cube, Hexagonal Prism, Triangular Prism, Square Based Pyramid, Octagonal Prism, Pentagonal Prism, And 1/2 Sphere 2 Sets Geometric Designer Templates, Scale: 0-20 Cm/0-24 Cm Size : 8-1/4" X 5.1" (l*w) Plastic And/or Steel Material 4 Pieces Stack Rack, Dimension: 30 In H X 21 In W X 17 In L At Least 6 Shelves May Be Wooden Or Metal Materials Devised With Rollers To Roll The Rack In Any Location 4 Pieces Picture Frame And Miter Clamp, Weight: 2.5 Pounds Dimensions: 23.9 X 9 X 1.6 Inches Wood Material 4 Pieces Heat Gun, Power: 2,000 Watts Temperature: 50 / 380 / 570 Celcius Steps: 3 Steps Air Flow: 500 / 300 / 500 L/min 4 Pcs Nozzles (air Blast, Reducing, Reflector, Paint Scraper) 1 Pc Scraper 4 Pieces Hot Plate Single Electric Stove, Power:1000w Non-stick Coating Auto-thermostat Various Heat Operations Operating On/off Indicator Light 2 Pieces Tape Dispenser, Weight: 1 Kg Hard Durable Plastic Material 2 Pieces Multi-function Three-hole Puncher, 11.75 X 2.75 X 2.75 Inches High Quality Metal Construction With Clip-in Rings 2 Pieces Metric Scale, 30 Centimeters In Length Scale: 1:1, 1:10, 1:2, 1:20, 1:5, 1:50, 1:100, 1:200, 1:500, 1:1000, 1:1250 And 1:2500 4 Pieces Steel Tape Measure, Tape Rule With First 6 Feet Reinforced With Bladearmor Coating For Maximum Durability 11-inch Tape Standout; 16-inch And 19.2-inch Stud Center Markings Simplify Framing Jobs Mylar Polyester Film Extends The Life Of The Entire Blade Heat-treated Spring Provides Long Life And Smooth Blade Recoil Stanley's Limited Lifetime ; Measures 1-1/4-inch-by-25-feet 3 Pieces Heavy Duty Circular Saw, Corded Or Cordless Adjustable Depth Diameter: 4 1/2 In. With Electric Brake Maximum Cutting Depth At 45 Degrees: 1 In. Maximum Cutting Depth At 90 Degrees: 1-9/16 In. Maximum Speed: 4500 Rpm Spindle Lock 20 Volt 5.5 Lb. 4 Pieces Abrasive Disc Cutter Machine, Electric Powered 18.5” H X 12.2” W X 21.25” D 2200w 14” Blade Diameter 15 Amps Motor (3600 Rpm) Cutting Capacity Of 4.5” At 90˚ And 45˚ 2 Pieces Manual Canvas Pliers, Specifically Designed For Electrical And Mechanical Works 3 Pcs. In 1 Set 1 Combination Plier 6" 1 Cutter Plier 6" 1 Long Nose 6" Offers Comfortable Hand Grip 3 Set Jet-bow Compass Set, Set Includes 6" Speed Compass With Inter-changeable Pen, Pencil, Divider Parts, And Replaceable Needle Points. 4½" Bow Compass With Inter-changeable Pen, Pencil, And Divider Parts. 6" Beam Bar And Slide Coupling For Circles Up To 28" In Diameter And 6" Friction Divider With Self Centering Gear Head And Replaceable Needle Points. Set Also Includes Mechanical Lead Holder, Slip Handle For Spare Ruling Pen, Lead Pointer, Center Tack, And Screwdriver. Packaged In See-through, Hard Plastic Case. 2 Sets Human Head Model, Plastic, Life-size Anatomical Cast With Removable Jaw And 3 Removable Lower Teeth Type: Skull Model Material: Pvc Dimension: App.21x15x19cm/8.27x5.91x7.48in Color: As The Picture Shown Quantity: 1 Set 1 Set Screw Drivers Set, Philips Or Slotted Sl 3/16 In. X 3 In. (x2), 3/16 In. X 6 In., Sl 1/4 In. 1.5 In., Sl 1/4 In. X 4 In. (x2), Sl 1/4 In. X 6 In. Ph1 X 4 In. (x 2), Ph2 X 1.5 In., Ph2 X 4 In. (x2) 2 Offset Screwdrivers 6 Precision Screwdrivers: Ph0, Ph1, Sl 1.4 Mm, Sl 2 Mm, Sl 2.4 Mm, Sl 3 Mm 2 Sets Pliers And Grip Set, 10 Piece Tray Set Includes 1 Each Of The Following: 10r, 10wr, 7wr, 7r, 7cr, 6ln, 9ln, 5wr, 6r, 11r Weight: 11.80 Lb 28.00 X 11.80 X 1.30 Inches 2 Sets Artist Stool With Wheels, Height Adjustable & 360° Swivel Soft Pu Leather Cushion Detachable Design Dimension: Seat Diameter: 16.2" Seat Height: 25.6"-35.8" Full Height: 37.4"-47.6" Max Weight Capacity: 300lbs 6 Pieces Screen Print Squeegee, Material: Natural Rubber, Wood, Stainless Hardness: 70 Durometer Length: 25cm/10" Width: 10cm/3.9" Thickness: 2.3cm/0.9'' 8 Pieces Mixing Paint Palette, Material: Stainless Color: Silver Size: Approx 6.75" X 5.5"compact 12 Pieces Carving Chisels For Wood, Material: 45# Steel And Wood Color: Wood Color + Silver Quantity: 12 Pcs Total Weight : 892 Kg Wooden Handle Length Of Each Chisel: 95mm/3.74” Total Length Pf Each Chisel: 20.5mm / 8.07” Size: 1x V-straight Parting Tool: 14.6mm / 0.57” 1x Round Nose Chisel: 7.8 / 0.31 1x Skew Wood Turning Chisel: 7.8mm / 0.31” 1x Bent Chisel: 7.8mm / 0.31” 1x Wood Chisel: 7.8mm / 0.31” 1x Skew Wood Turning Chisel: 8mm / 0.31” 1x Pointed Wood Chisel: 8mm / 0.31” 2x Straight Chisel: 7.8mm 13.7mm”/ 0.31” 0.54” 3x Straight Gouge: 12.8” 16.1mm 11.7mm/ 0.50” 0.63” 0.46” 2 Sets Files Set For Jeweler, Wood Carving, Craft Metal And Glass Stone, 10 Pcs / Set 5x180mm Stone Precision Needle Files Tool Woodworking Carving The Craft Metal Rasp Wood Hand Tools Material: Metal Color: Gray/ Silver Model: Needle Files Size : 14.5x1x1 Weight: 0.05 Kg 2 Sets Heavy Duty Multi-purpose Bench Vise, Jaw Width: 5", Opening: 4-1/4" Durable Cast Steel Construction Head Swivel 360 Degree Full 360-degree Rotational Jaws Unique "v" Jaws Provide 4 Point Holding Power 2 Pieces Anvil, Weight: 55 Lbs. (sculpture) 9 Lbs. (jewelry Works) Metalsmith, Jewelers Forming Tool, Essential For Jewelry Repair, Shaping, Flattening, Hardening Metals Material: Iron Surface Size: (l X W X H): Approx. 6 X 3.3 X 9cm/2.36 X 1.3 X 3.54inch, Height: Approx. 5.5cm/2.17inch 1 Piece Welding Protective Suite, Made Of High-quality Denim Material, It Can Be Worn Many Times, It Will Not Fade For A Long Time. Unique And Comfortable Design, Wear-resistance And Dirty Resistance. Reinforced And Stitched The Crotch, Cuffs, Pockets To Prevent Accidental Tearing. The Highly Elastic Cuffs Make It Comfortable And Convenient To Wear. Size: 170 Height: 168-173cm Waist: 76-84cm/29.9-33 Inches Weight: 57.5-135kg 5 Pieces Welding Apron, Features: Material: Constructed With Artificial Cow Suede Which Is Not Only Durable But Also Flexible, And The Apron Offer Puncture Resistance, Tear Resistance And Cut Resistance. Size: (approx) (lxw) 90x60cm/35.4x23.6inch, Long Full Coverage Apron Protects You Until The Knee When You Are Working. Friendly: The Straps On The Waist Can Be Adjusted To Fit Your Body Better. They Are Designed To Hang Over The Shoulder Which Means That Weight Is Distributed Evenly Over The Shoulders. Never Suffer Neck And Back Pain Again. Pockets: 6 Pockets For Tools And Work Accessories, Include One Cell Phone Pocket And One Pencil Pocket. You Can Put Everything You Need Close To Hand In It Instead Of Constantly Search For Them. The Cell Phone Pocket Is Deep To Prevent The Phone From Falling Out. Application: Not Only For Woodworking And Welding But Also Useful For Many Other Work And Home Tasks Like Bbq And Gardening, Unique Gift Apron For Men, Women, Mothers, Fathers. Specifications: Material: Artificial Cow Suede Color: Yellow Size: (approx) (lxw) 90x60cm/35.4x23.6inch Package Included: 1 Pc X Apron 5 Pieces Welding Hood Caps, Flame Retardant Cloth Full Protection This Welding Hood Offers An Essential Mix Of Durability, Comfort And Protection. The Hood Features A Mesh Lining To Allow Sweat Vapour To Quickly Evaporate The Presoftened, Lightweight, Air Cushioned Fabric For Maximum Comfort. This Hood Can Protect Your Neck, Face And Head From Welding Fire Flash, Splash Very Well. Wear-resistant, Fire-retardant, Spark-proof, Double Protection Of Personal Safety And Sweat Absorption Specification: - Long :approx. 45cm/ 17.72inch - Shoulder Width: Approx. 43cm/16.93inch(xl) 5 Pieces Welding Gloves 10.5" Welding Leather Gloves Hgvc01 Product Description • Size: 10.5" • Use For Driver, Machining Operator Etc. • All Applications Which Require A High Level Of Anti-skid And Abrasion-resistant • Applying Universally To The Transporting And Cargo Handling Workers, Recycling Work, And Horticulture Workers, Drivers And Etc. • Cow Split Leather Gloves • Full Palm, Full Lining • Made With Top Quality Material For Industrial And Commercial Use 5 Pieces Welding Protective Visitor Glasses, Protective Visitor Glasses: Anti-fog With Uv Protection Glasses Product Name：safety Eyewear Glasses Color：clear, Dark Grey Feature：protective Glasses Lens Color：clear, Dark Grey Style：work Safety Glasses Package：blister Size: 17*17*7cm 5 Pieces Welding Helmet, Auto Darkening Welding Helmet Viewing Area:90×35mm Cartridge Size:110×90×10mm Arc Sensor:2 Light State:din 4 Dark State:fixed Shade 10 Shade Control:unadjustable Power On/off:fully Automatic Sensitivity Control:unadjustable,auto Uv/ir Protection:din 16 Power Supply:solar Cells. Re-chargeable Battery .no Battery Change Required Switching Time:1/5000s,from Light To Dark Dark To Light:0.15-0.45s Auto Low Amperage Tig:≥20amps(dc), ≥20amps(ac) Operating Tep:-5°c~+55°c Storing Tep:-20°c~+70°c 5 Pieces Welding Mask, Product Details Of Heavy Duty Welding Mask (108x50x3mm) Movable Glass Impacted Resistant Shell Anti Wear Moveable Type Glass Packing: Polybag With Color Sticker 5 Pieces Hard Hat, Hard Safety Helmet With Chin Strap Color: Blue, Orange, White, Yellow Material: Acrylonitrile Butadiene Styrene (abs) Shell, With Six Point Adjustable Ratchet Suspension For Shock Absorbing And Elastic Chinstrap Tough, Lightweight, Durable With Six Point Adjustable Ratchet Suspension For Shock Absorbing And Elastic Chinstrap. A Hard Hat Is A Type Of Helmet Predominantly Used In Workplace Environments Such As Industrial Or Construction Sites To Protect The Head From Injury Due To Falling Objects, Impact With Other Objects, Debris, Rain, And Electric Shock. Durable, Lightweight And Comfortable 12 Pieces Compact Electric Kilns, Degree F (max): 2300°f Cone: 6 Firebrick: 3" Volt: 240 / 208 Watt: 3,600 Ampere: 15 Recommended Breaker (amp): 20 Receptacle: 6-20 Size Interior (wide X High X Deep ): 13.5 X 13.25" Size Exterior Including Stand (wide X High X Deep ): 22 X 28 X 25.5" Volume (cu Ft.): 1.22 1 Piece Heat Press Transfer Machine, Electric Powered 21.2 X 20.2 X 19.2 In. 220v 1800w 0-400˚f (0-220˚c) 0-999 Sec. 1 Piece Rubber Mallet, Rubber Hammerhead Fiberglass Handle Packing: Color Label Weight: 32oz 4 Pieces Ball Peen Hammer, Material: Fiberglass Handle & Steel Head Size : 16 Ounce Weight: 3.7 Pound 4 Pieces Cutting Mat, Flexible Cutting Mat A2 Size (24 X 18 Inch) Self-healing 5 Layered Double Sided With Marked Pattern And Grids (green) Material: Polyvinyl Chloride Color: Green Item Dimensions: 15 X 15 X 15 Centimeters Shape: Hexagonal Weight: 200 Grams 6 Pieces Heavy Duty Extension Wire, Heavy Duty Extension Power Strip With Safety Switch Protection Socket 4 Meters , Extension 3 Pieces 36” Smart Led Tv, Width 96.74cm, Gross Weight: 10.8 Kg, Net Weight 7.9kg, Height 57.18, Length 7.99cm, Screen Size: 43-inch, Tv Resolution: Full Hd 2 Piece Laptop Computer, Laptop Screen Size: 15 Inches, Graphics Chipset: Integrated, Storage Capacity:512gb, Storage Type: Ssd, Ports/interface: Usb 2.0, Usb 3.0, Vga, Processor Type: Intel Core I7, Number Of Cores: Dual-core, Os:windows, Weight:3 Kg, Battery Capacity 4910mah, Cpu Frequency: 2.9ghz 1 Piece Photo Printer, Wireless Photo All-in-one With Auto Duplex Printing Print, Scan, Copy Auto Duplex Printing Wireless, Wireless Pictbridge, Mopria, Airprint, Direct Wireless Recommended Monthly Print Volume: 30 - 100 Pages Operating System: Win 8 / Win 7 / Vista / Xp, Mac Os X 10.7.5 And Later Borderless Printing: A4 / Letter / 4 X 6" / 5 X 7" / 8 X 10") Standard Paper Input (front Tray): 100 Sheets (a4/ Ltr) / 20 Sheets ( 4 X 6 “ ) Paper Weight: 64 To 105 G/m2 Up To 300 G/m2 Dimension (w X D X H): 449 X 304 X 152 Mm Weight: 5.4 Kg Interface / Connectivity: Usb 2.0 Hi-speed / Wireless Lan /wireless Pictbridge, Direct Wireless Scanner Type: Flatbed 1 Piece Portable Sound System With Microphone, Led Lights 2 Wireless Microphone Wired Microphone / Guitar / Line In Mic Priority Over Voice On/off Line Out Remote Control Usb / Bluetooth / Nfc / Fm Capabilities Frequency Response: 50hz-20khz Power System: Ac Adaptor / 12vdc In / Internal Rechargeable Battery 100v-240v, 60hz Power Supply Adaptor 1 Set 50” Led Tv, Height: 64.42 Cm, Width:111.68cm,length:5.99cm, Gross Weight:16kg. Screen Size: 50-inch Led, Net Weight: 11.6kg, Tv Resolution: 4k Ultra Hd, Connectivity: Wireless Lan Built-in (wi-fi), Hdmi Ports: 3, Usb Ports:1 2 Piece Soft Box With Stand, 2 Pcs Studio Lighting Softbox 50*70cm, 2 Pcs 2m Light Stand, 2 Pcs 45w Light Bulb, Photography Kit 100-240v, Maximum Height: 200cm/78", Collapsible Height:65cm/32" 2 Pieces Display Panel Board, Product Weight:8kg,choose Type:fabric,number Of Panels:4,type: Pole And Panel,graphic Type: Loop Nylon, 900x600mm Or 1000x700mm 6 X 900mm Poles 25 Mm Diameter With Clips Weight Approx 11-14kg 1 Piece Magnetic Whiteboard, Size:4x8 (48x96 Inches)feet, Aluminum Frame,with Sliding Whiteboard Marker/eraser Tray,protective Plastic Rubber Corners 1 Piece Chalkboard, Length: 60.5", Height: 36.5",unit Weight: 24.00 Lbs Per Unit Color: Black Duro-slate Over ¼”hardboard Backing, Full Length Chalk Tray 1 Piece Offline Mini Compressor, 220v 60hz, Type: Single Cylinder Piston Compressor With Air Tank, Power: 1/6hp, Speed: 1700r.p.m, Air Output Per Min/lit.:20-23l/min, Auto Stop, Start At 3bar (43 Psi) Stop At 4bar (57psi), Working Pressure:0-4 Bar, Air Tank:3.0l, Suitable For Airbrush With Nozzle 0.2mm-1.0mm, Weight: 5kg, Dimension: 31x13x31cm 1 Pieces Styrofoam Cutter, Material:plastic, Size:approx. 190x90mm, Power: 2xc Size Battery (not Included), Feature: Electric Wire Needle Shap, Stainless Steel Wire, Hardness And Diameter Of 0.19mm 1 Piece Potter’s Wheel/electric Potter’s Wheel, Detachable Abs Basin, Advanced High-quality Brushless Motor, Rotary Speed:0-300 Rpm, Pottery Wheel: 25cm, Pottery Forming Machine:350w,electric Pottery Wheel With Foot Pedal And Detachable Basin, Rated Voltage: Ac 110v, Wheel Diameter: 25cm (9.8"), Speed: 0-300r/min, Working Noise:,60 Db, Gross Weight: 14kg (31.1 Lb), Package Dimensions (lxwxh) 53x42x35cm (20.8"x16.53"x13.78") 2 Pieces Weather-proof Safety Box Circuit Breaker, Metal Enclosure Panel Box, Weatherproof, Height:300mm, Depth:150mm, Door: 0.8mm, Body: 0.8mm, Plate: 0.8mm, Metal Body,width:400mm 1 Piece Fire Blanket, 120x99x4cm (l X W X H) Woven Glass Fiber 2 Pieces Exhaust Fan, Size: 12" 9" 6" Rpm: 1350, 1320, 1290 Finish: Power Coated 2 Pieces Medicine Cabinet, Stainless 20x26x5 Inch Single Door Medicine Cabinet 1 Piece Smoke Detector, 120 Volts Ionization Sensor, Clamshell Packaging 1 Piece Disposal Bins, 50 Cubic Movable Bins 2 Pieces Abc = 597,951.44

Details: Description Republic Of The Philippines Barangay Tetuan Bids And Awards Committee Tetuan 24-0020 M. Nativitad, St., Zamboanga City Invitation To Bid For Supply And Delivery Of 1 Lot Various Electrical Supplies (name Of Project) 1. The City Government Of Zamboanga, Through The Annual Budget 2024 Intends To Apply The Sum Of Two Hundred Fifty Thousand Pesos (p 250,000.00) Only Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Supply And Delivery Of The Purchase Of One (1) Lot Various Disaster Equipment Pr No. 24-12-163 Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The City Government Of Zamboanga Now Invites Bids For The Supply And Delivery Of The 1 Lot Various Electrical Supplies The Sol. Goods Is Required By Ten (10) Calendar Days Bidders Should Have Completed Within A Period Of Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project, With A Value Of At Least (50%) Of The Abc And To Meet Other Eligibility Requirements Stated In The Eligibility Documents. 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) 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 5183. 4. Prospective Bidders May Obtain Further Information From Barangay Hall Of Tetuan In The Office Of The Bids And Awards Committee And Inspect The Bidding Documents At The Address Given Below During 8:00 Am To 5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 03-08, 2025 From The Given Address And Website/s Below And Upon Payment Of A Non-refundable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of P500.00the Method Of Payment Will Be Cash Payable To The Barangay City Treasurer’s Office. The Bidding Documents Shall Be Received Personally By The Prospective Bidder Or His/her Authorized Representative. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees “machine Copy Of The Official Receipt” Not Later Than The Submission Of Their Bids. 6. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission On Or Before January 09, 2025 At 10:00 Am At Office Of The Bids And Award Committee, Conference Room, M. Natividad St., Zamboanga City.late Bids Shall Not Be Accepted. 7. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. All Bids Must Be Accompanied By A Bid Security Which Shall Be A Bid Securing Declarationor At Least One Other Form Of The Following: Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Confirmed By A Universal/commercial Bank, Irrevocable Letter Of Credit Issued By A Universal/commercial Bank Or From Other Bank Certified By The Bangko Sentral Ng Pilipinas As Authorized To Issue Such Financial Instrument, Provided However That It Shall Be Confirmed Or Authenticated By A Universal/commercial Bank If Issued By A Foreign Bank In The Amount Of P1,230.00or Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security In The Amount Of P3,075.00or Any Combination Of The Foregoing In The Amount Proportionate To Share Of Form With Respect To Total Amount Of Security. The Bid Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity. Bidders Are Required To Indicate The Brand Name And/or Name Of Manufacturer Of Goods Offered/quoted, When Appropriate. 8. Bid Opening Shall Be On January 13, 2025 At 10:00 Am At Office Of The Bids And Awards Committee, Conference Room, M. Natividad St., Zamboanga City. Bids Will Be Opened In The Presence Of The Bidder’s Representatives Who Choose To Attend The Activity. 9. To Be Delivered In The Barangay Hall Of Tetuan. 10. The Brangay Council 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 Section 35.6 And 41 Of The 2016 Revised Implementing Rules Or Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. Bidders Are Advised To Use The Bid Form At The Back Of This Itb. Failure To Do So Would Lead To Non-acceptance Of The Bid. 12. For Further Information Please Refer To: Hazel Jane L. Fox Bac Secretariat Barangay Government Of Tetuan M.natividad Street, Zamboanga City Brgytetuan@gmail.com Tel. No. (063) 993-0269 Republic Of The Philippines Barangay Tetuan Bids And Awards Committee Tetuan 24-0020 M. Natividad Street, Zamboanga City Bid Form Date: ____________________ To: Barangay Council Of Tetuan Address: M. Natividad Zamboanga City Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers Including Bid Bulletin Numbers Tetuan 24-0020 The Receipt Of Which Is Hereby Duly Acknowledge, We, The Undersigned, Offer To Supply/deliver/perform The Delivery And Supply Of The 1 Lot Various Electrical Supplies Inconformity With The Said Philippine Bidding Documents (pbds) For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors, And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax’ (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein Or In The Price Schedules, If Our Bid Is Accepted, We Undertake: A. To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents (pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Period Specified In The Pbds And It Shall Remain Binding Upon As At Any Time Before The Expiration Of That Period. [insert This Paragraph If Foreign-assisted Project With The Development Partner: Commissions Or Gratuities, If Any, Paid, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Amount And Purpose Of Agent Currency Commission Or Gratuity (if None, State “none”)] Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of ________________________________________________________ (name Of Bidder) As Evidenced By The Attached ______________________________________________________________________. (state The Written Authority) We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: _________________________________________________________________________ Legal Capacity: __________________________________________________________________ Signature: ______________________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: _________________________________________ Date:__________________________ Price Schedule For Goods Name Of Bidder _____________________________________________________ Tetuan 24-0021 Page 1 Of 1 2 3 4 5 6 7 8 9 10 Item 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 43 43. 44. 45 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. Led Striplight 220vblue – Meter Fsl Striplight Powercord Pin Big Electrical Tape Big 16m Evla Fsl Slr Sting 4w Dc 1.2v 112-c15-bl Evla Fsl Slr Sting 4w Dc 1.2v 112-c15-gr Rain Umbrella Large Rain Umbrella Medium Rain Umbrella Small Thhn 8.0mm 8/7 ( Box) G.i Wire 16 ( 1 Kl) Flatcord 16/2x1200 M Flatcord #18 Roll Black Electrical Tape Blg 16m Ksb 2p 100 Akoten Safety Breaker Contact Bond-gal G.i Wire 16 (1kl) Lpr 38 E27- 15w/b Led Par 38 15w E2 Blue Fsl Par 30a1-s13w Ld Lamp Blue Lpr 38 E27- 15w/b Led Par 38 15w E27 Green Fgl Par 30a1-g13w Ld Lamp Red Wall Brush Nylon 3 Ph Acryl On Paint Roller W/ Handle Cotton 7 Nrd – Pb1 Nordic Paint Brush 1 3.15 L Nippon Platone Hg Accent Base Colour Bond 3.5 B Sr-111 (gal) Sun And Rain Cathay Red Dv- 515 (gal) Megacryl Latex Sg Wht All Purpose Epoxy-qrt Set (6/1) Omnl E27-606 Hd Par Lamp Holder G.i Wire 16 (1 Kl) G.i Wire 16 (1 Kl) Comb. Plier 8” Flat Cord #18 Roll Black Led Bulb Daylight E27 Weather Proof Rubber Socket 2 Wire Electrical Tape Big 16m 1way Standard Size Switch C12 103 Metal Furring 0.4mm Plain Round Bar 7mm (2.1 Kg) G.i Pipe S-40 1’ Plain Round Bar 7mm (2.1 Kg) G.i Wire 16 (1 Kl) Rugby Tin Gal E27- 606 Hd Par Lamp Holder Fsl Par 30a 1 – S13w Led Lamp Red Fsl Par 30a 1 – S13w Led Lamp Blue Lpr 38 E27-15w/b Led Par 38 16w E2 Blue Fsl Par 30a 1 – S13w Led Lamp Yellow Lpr 38 E27-15w/g Led Par 38 15w E27 Green Nylon Fishing Line 0.80 Mm G.i Wire 16 (1 Kl) Flatcord 16/2 X 1200m Led Strip Light 220v Green- Meter Led Strip Light 220v Red- Meter Led Strip Light 220v Purple/pink- Meter Led Strip Light 220v Blue- Meter Fsl Strip Light Power Cord Pin Medium Gold Fsl Big End Cap G.i Wire 16 (1 Kl) Dh Nylon Cable Tie 7.6x8.0 White Dh Nylon Cable Tie 4.8x10.0 White Christmas Led Light 100 L Blue Christmas Led Light 100 L Red Christmas Led Light 100 L Green Christmas Led Light 100 L Yellow Christmas Led Light 100 L Ww Christmas Led Light 60 L Green Christmas Led Light 60 L Warm Internet Cable Cat6indoor Utp/meter Rg 45 Cat6 #so35 Mist Maker Design Humidifier Shangrila 500ml Marine Plywood 4.5 Mm(1/4) Armourwood S4s Frame 1x2x8 Common Nail “ 1 ½” Common Nail “2” Country Of Origin Quantity 10x1 1x1 1x1 12x1 5x1 5x1 10x1 10x1 10x1 1x1 9x1 300x1 3x1 12x1 2x1 2x1 5x1 2x1 3x1 5x1 6x1 2x1 2x1 2x1 1x1 1x1 1x1 1x1 1x1 15x1 5x1 10x1 10x1 3x1 3x1 410x1 24x1 350x1 12x1 6x1 30x1 20x1 10x1 10x1 5x1 2x1 40x1 5x1 5x1 13x1 2x1 15x1 1x1 2x1 300x1 30x1 30x1 30x1 30x1 8x1 8x1 8x1 5x1 5x1 5x1 20x1 20x1 10x1 10x1 20x1 10x1 10x1 40x1 4x1 1x1 1x1 ¼ 1x2x8 1 ½ 2 Unit Price Exw Per Item Transportation And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price, Per Unit (col 5+6+7+8) Total Price Delivered Final Destination (col.9) X (col 4) Purpose: For The Beautification Of Barangay Plaza Name: _________________________________________________________________________ Legal Capacity: __________________________________________________________________ Signature: ______________________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ________________________________________ Date: ________________________________ Schedule Of Requirements The Delivery Schedule Expressed As Days/weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Days/weeks/months ________________________ Signature Over Printed Name Technical Specifications Brand Name Statement Of Compliance Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] __________________________ Signature Over Printed Name Schedule Of Warranty This Serves As Warranty For _______________________________________________ In The Barangay Government Of Tetuan. Item No. Description Quantity Warranty _____________________________ Bidder Signature Over Printed Name Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Supply / Delivery Of The 1 Lot Various Electrical Supplies B. Completed Within Ten (10) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 “subcontracting Is Not Allowed.” 12 The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) At Cgso, Tetuan, Zamboanga City For This Project . 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than P1,230.00; If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than P3, 075.00; If Bid Security Is In Surety Bond. 19.3 The Project Shall Be Awarded One Project Having Several Items That Shall Be Awarded As One Contract. 20.2 [list Here Any Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It.] 21.2 [list Here Any Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity.] Special Conditions Of Contract Gcc Clause 1 [list Here Any Additional Requirements For The Completion Of This Contract. The Following Requirements And The Corresponding Provisions May Be Deleted, Amended, Or Retained Depending On Its Applicability To This Contract:] Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Abroad, State:] “the Delivery Terms Applicable To The Contract Are Ddp Delivered [indicate Place Of Destination]. In Accordance With Incoterms.” [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered Barangay Hall Of Tetuan, Zamboanga City. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is [indicate Name(s)]. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: Select Appropriate Requirements And Delete The Rest. A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E.training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. [specify Additional Incidental Service Requirements, As Needed.] The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: Select Appropriate Requirements And Delete The Rest. A. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And B.in The Event Of Termination Of Production Of The Spare Parts: I.advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii.following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Cost Thereof Is Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Three (3) Months. If Not Used Indicate A Time Period Of Three Times The Warranty Period]. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within [insert Appropriate Time Period] Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 [if Partial Payment Is Allowed, State] “the Terms Of Payment Shall Be As Follows: _____________.” 4 The Inspections And Tests That Will Be Conducted Are: Quality Inspection By Accounting, Coa, Cgso And End User. Republic Of The Philippines) City Of _____________________) S.s Bid Securing Declaration Invitation To Bid No.: [insert Reference Number] To: Barangay Government Of Tetuan, Bids And Awards Committee M. Natividad Street, Tetuan Zamboanga City I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid Securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f),of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: A. Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; B. I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And; C. I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ___ Day Of [month][year] At [place Of Execution]. [insert Name Of Bidder Or Its Authorized Representative [insert Signatory’s Legal Capacity] Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice] Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Barangay Council Of Tetuan Wishes To Receive Bids For The Supply And Delivery Of The 1 Lot Various Electrical Supplies With Tetuan 24-0020 The Procurement Project (referred To Herein As “project”) Is Composed Of The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For The Annual Budget 2024 In The Amount Of Two Hundred Fifty Thousand Pesos ( 250,000.00) 2.2. Nga, The General Appropriations Act Or Special Appropriations. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2.b Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference No Pre-bid Conference 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Ten (10) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty Days [120]. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On January 09, 2025 At 10:00 Am At Barangay Hall, Conference Room, M. Natividad St., Zamboanga City As Indicated In Paragraph 6 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids On January 13, 2025 At 10:00 Am At Barangay Hall, Conference Room, M. Natividad St., Zamboanga City As Specified In Paragraph 8 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded One Project Having Several Items That Shall Be Awarded As One Contract. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.2. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds.

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.

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 Slope Protection At Municipal Evacuation Center Barangay Santa Potenciana, Mapanas Northern Samar Contract Reference No. 2025-01-05 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 Slope Protection At Municipal Evacuation Center The Lgu- Mapanas, Northern Samar, Through The 20% Economic Development Fund (edf) Of Fy 2024 Intends To Apply The Sum Of One Million Nine Hundred Eighty One Thousand Seven Hundred Ten Pesos 12/100 Only (p1,981,710.56) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Slope Protection At Municipal Evacuation Center 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 Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.8(2) Traffic Management 0.00 L.s B.9 Mobilization/demobilization 1.00 I.s Part C Earthworks 102(2)b Surplus Common Excavation 1291.48 Cu.m. Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 42.00 M. Completion Of The Works Is Required 60 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- 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 Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.8(2) Traffic Management 0.00 L.s B.9 Mobilization/demobilization 1.00 I.s Part C Earthworks 102(2)b Surplus Common Excavation 1291.48 Cu.m. Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 42.00 M. Completion Of The Works Is Required 60 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From 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 Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Construction Of Slope Protection At Municipal Evacuation Center, Brgy. Santa Potenciana, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2025-01-05___ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2024. The Name Of The Project Is: Construction Of Slope Protection At Municipal Evacuation Center, Brgy. Santa Potenciana, Mapanas, Northern 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 Php1,981,710.56 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 39,634.21 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P99,085.53 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 60 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 Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.5 B.7(2) Occupational Safety And Health Program 1.00 I.s B.7(2) B.8(2) Traffic Management 0.00 L.s B.9 B.9 Mobilization/demobilization 1.00 I.s Part C Part C Earthworks 101(3)a.2 102(2)b Surplus Common Excavation 1291.48 Cu.m. 102(2)b Part F Bridge Construction 105(1) 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. Part D 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. 200(1) Part G Drainage And Slope Protection Structures 201(1) 509(b) Steel Sheet Piles 42.00 M. Part E 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 Slope Protection At Municipal Evacuation Center, Brgy. Santa Potenciana, Mapanas, Northern Samar Location : Brgy. Santa Potenciana, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 F.1 Name And Specification Materials A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Assorted Common Wire Nail 0.50 Kg B.7(2) Occupational Safety And Health Program 1.00 L.s A. Safety Practitioner (part Time) 8.00 1 B. B. Health Personnel (full Time) 30.00 1 B.1 Name And Capacity C. Equipment D. A. Safety Shoes 239.00 Man-day E. B. Safety Helmet 239.00 Man-day F. C. Safety/working Gloves 239.00 Man-day G. D. Safety Vest 239.00 Man-day H. E. Rubber Boots 239.00 Man-day F. Rain Coats (30% Of The Duration) Optional 238.00 Man-day B.9 Mobiilization/demobilization 1.00 L.s Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 16.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/dd 16.00 1 D. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 102(2)b Surplus Common Excavation 1,291.48 Cu.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.5 Cu.m.) 1.00 1 C. Payloader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.00 3 E. Back Hoe (0.80 Cu.m) 1.00 1 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. Labor A. A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. B. Unskilled Laborer 1.00 8 B.1 Name And Capacity Equipment A. Bar Cutter 0.50 1 B. Bar Bender 0.50 1 C. Cargo Truck 0.15 1 F.1 Name And Specification Materials Tie Wire (2% Of Rsb) 0.021 Kg. Reinforcing Steel Bar, Grade 40 (w/ 5% Wastage) 1.05 Kg. 405(1)a.1 Structural Concrete, 20.68mpa, Class A, 7days 96.36 Cu.m. A.1 Labor A. A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. B. Unskilled 1.00 8 Installation & Removal Of Formworks/falseworks A. Skilled Foreman 1.00 4 B. Unskilled Laborer 1.00 8 B.1 Name And Capacity Equipment One Bagger Mixer 1.00 1 Concrete Vibrator 1.00 1 Water Truck (16000 L) 0.10 1 F.1 Name And Specification Materials A. Lumber, Good -4 Uses 70.00 Bd.ft. B. Plywood (1/2” X 4’ X 8’) – 4 Uses 1.60 Pc. C. Assorted Cwn (1 Kg./100 Bd.ft. Of Lumber) 0.70 Kg. D. Portland Cement 9.50 Bag E. Sand 0.50 Cu.m. F. Gravel 1.00 Cu.m. G. Curing Compound 1.00 Lit. H. Concrete Admixture Accelerator 1.00 Lit. I. Gravel Bedding 0.091 Cu.m. J. Pvc Pipe (76 Mm D) 0.13 Pc. 509 (b) Steel Sheet Piles 42.00 M Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. Unskilled Laborer 1.00 4 B.1 Name And Capacity Equipment Crawler Crane (36-40t) 1.00 1 Vibro Hammer (hydraulic Operated) 1.00 1 Welding Machine (300 A), Gas / Diesel Driven 0.25 1 Oxygen/acetelyne Cutting Outfit 0.25 1 F.1 Name And Specification Materials A. Steel Sheet Piles (48 Kg/m) 48.00 Kg. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each 10,959.69 10,959.69 B.7(2) Occupational Safety And Health Program 1.00 I.s 29,106.91 29,106.91 B.8(2) Traffic Management 0.00 L.s B.9 Mobilization/demobilization 1.00 I.s 15,484.92 15,484.92 Part C Earthworks 102(2)b Surplus Common Excavation 1291.48 Cu.m. 204.24 263,770.85 Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. 98.12 139,844.55 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. 13,445.80 1,295,637.29 Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 42.00 M. 5,402.53 226,906.35 Total 1,981,710.56 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 Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.