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Details: Description Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Philippine Bidding Documents Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) (procurement/ Id .019) Sixth Edition July 2020 Bids And Awards Committee 2024 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 13 Section Iv. General Conditions Of Contract 19 Section V. Special Conditions Of Contract 24 Section Vi. Specifications 26 Section Vii. Drawings 57 Section Viii. Bill Of Quantities 58 Section Ix. Checklist Of Technical And Financial Documents 59 Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Invitation To Bid Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) 1. The Bureau Of Corrections, Through The General Appropriations Act (gaa) Of 2024 Capital Outlay, Intends To Apply The Sum Of Two Hundred Seventy-two Million One Hundred Sixty-six Thousand Pesos Only (₱272,166,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) With Identification Number __19. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bureau Of Corrections Now Invites Bids For Provision Of A Detailed Preliminary Architectural And Engineering Design, Detailed Engineering Requirements And Actual Construction Of The Bureau Of Corrections Regional Prison Facilities, Based On The Final Detailed Architectural And Engineering Design, To Be Approved By The Head Of Procuring Entity Or Its Duly Authorized Representative Conformably With The Minimum Standards Set Forth In The (1) Presidential Decree (pd) No. 1096, National Building Code Of The Philippines (2) Batas Pambansa (bp)blg. 344, An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Public Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices (3) National Structural Code Of The Philippines (nscp), Volume I, 2010 (4) Philippine Electrical Code (pec), 2009 (5) Revised Plumbing Code Of The Philippines (6) Revised Irr Of Ra 10575 (7) Republic Act (ra) No. 9514, Revised Fire Code Of The Philippines And (8) Applicable Local Regulations And Ordinances. Completion Of The Works Is Required Within Three Hundred Sixty-five (365) Calendar Days. Bidders Should Have Completed A Contract Similar To The Project Amounting To At Least Fifty Percent (50%) Of The Abc Within The Last Six (6) Years. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act.”bidding Is Restricted To Filipino Citizens/sole Proprietorships, Cooperatives, And 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 Bureau Of Corrections And Inspect The Bidding Documents At The Address Given Below From Monday To Friday From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On _may 2, 2024 (08:00am To 05:00pm) To May 23, 2024 (08:00am To 01:29pm) From The Given Address And Website(s) Below. 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 Bucor.gov.ph, Provided That Bidders Shall Pay The Applicable Fee Of Fifty Thousand (₱50,000.00) Pesos Only For The Bidding Documents Not Later Than The Submission Of Their Bids. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person Or By Facsimile. 6. The Bureau Of Corrections Will Hold A Pre-bid Conference On _may 10, 2024 (01:30 Pm)___ At Bac Conference Room Nbp Reservation Muntinlupa City, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below, On Or Before _may 23, 2024 (01:30pm)___. 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 15. 9. Bid Opening Shall Be On _may 23, 2024 (01:30pm)_ At The Bac Conference Room Nbp Reservation Muntinlupa City. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Bureau Of Corrections Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Ma. Adoracion I. Viñas Office Of The Bac Secretariat Supply Office, Bureau Of Corrections, Muntinlupa City Tel # 02-8809-8587/02-8478-0907 Bacsec2022@gmail.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Bucor.gov.ph Date Of Issue: _______________ Ccsupt Celso S Bravo Chairperson, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Bureau Of Corrections Invites Bids For The Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf), With Project Identification Number [indicate Number]. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project (referred To Herein As “project”) Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding Through The General Appropriations Act (gaa) Of 2024 Capital Outlay In The Amount Of Two Hundred Seventy-two Million One Hundred Sixty-six Thousand Pesos Only (₱272,166,000.00) 2.2. The Source Of Funding Is: A. 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 Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.1. [if Procuring Entity Has Determined That Subcontracting Is Allowed During The Bidding, State:] The Bidder Must Submit Together With Its Bid The Documentary Requirements Of The Subcontractor(s) Complying With The Eligibility Criteria Stated In Itb Clause 5 In Accordance With Section 23.4 Of The 2016 Revised Irr Of Ra No. 9184 Pursuant To Section 23.1 Thereof. 7.2. [if Subcontracting Is Allowed During The Contract Implementation Stage, State:] The Supplier May Identify Its Subcontractor During The Contract Implementation Stage. Subcontractors Identified During The Bidding May Be Changed During The Implementation Of This Contract. Subcontractors Must Submit The Documentary Requirements Under Section 23.1 Of The 2016 Revised Irr Of Ra No. 9184 And Comply With The Eligibility Criteria Specified In Itb Clause 5 To The Implementing Or End-user Unit. 7.3. Subcontracting Of Any Portion Of The Project Does Not Relieve The Contractor Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Conference Room Nbp Reservation Muntinlupa City And/or Through Videoconferencing/webcasting} As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: Architectural, Engineering Design, Detailed Engineering Requirements And Construction Of Building With Concreting Works. 7.1 Subcontracting Is Not Allowed 10.3 A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: For Design Personnel: Key Personnel General Experience Relevant Experience Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience. Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience. Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years’ Experience. Experience In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel: Key Personnel General Experience Relevant Experience Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience. Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. Foreman The Foreman Must Have At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Safety Officer The Sanitary Officer Must Have At Least Two (2) Years’ Experience. Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Backhoe At Least 38hp With 0.055 To 0.160 M3 Bucket Capacity 1 Pay Loader At Least 2.5 To 9.5 M3 Bucket Capacity 1 Dump Truck At Least 10 Cu.m. 2 Generator 50kva 1 Concrete Mixers 1 Bagger 4 Welding Machines 300amp Heavy Duty 4 Submersible Dredging Pump At Least 1hp And 2” Output 1 Prospective Bidders Shall Attach The List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be. 12 No Further Instructions. 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than 2% Of The Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than 5% Of The Abc, If Bid Security Is In Surety Bond. 19.2 No Further Instructions. 20 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; 1. Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2. Supporting Documents For The Slcc (notice Of Award And/or Notice To Proceed And Project Owner’s Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Constructors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted) 3. Certified True Copy Coming From The Issuing Agency Of Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4. Valid And Current Mayor’s Or Business Permit 5. Valid And Current Tax Clearance 6. Valid And Current Pcab License And Registration 7. Audited Financial Statement 8. Three (3) Sets Photocopy Of Eligibility And Financial Envelope Duly Marked As “copy No.1”, “copy No.2” And “copy No.3” 21 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 3.1 The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 3.2 If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 5. Performance Security 5.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 5.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Ra No. 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 6. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 7. Warranty 7.1. In Case The Contractor Fails To Undertake The Repair Works Under Section 62.2.2 Of The 2016 Revised Irr, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 7.2. The Warranty Against Structural Defects/failures, Except That Occasioned-on Force Majeure, Shall Cover The Period From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. Specific Duration Of The Warranty Is Found In The Scc. 8. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 9. Termination For Other Causes Contract Termination Shall Be Initiated In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before, Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Stated In Itb Clause 4. 10. Dayworks Subject To The Guidelines On Variation Order In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 11. Program Of Work 11.1. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval The Said Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. The Submissions Of The Program Of Work Are Indicated In The Scc. 11.2. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 12. Instructions, Inspections And Audits The Contractor Shall Permit The Gop Or The Procuring Entity To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Of The Gop Or The Procuring Entity, As May Be Required. 13. Advance Payment The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum, Or At The Most Two Installments According To A Schedule Specified In The Scc, Subject To The Requirements In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 14. Progress Payments The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15. Operating And Maintenance Manuals 15.1. If Required, The Contractor Will Provide “as Built” Drawings And/or Operating And Maintenance Manuals As Specified In The Scc. 15.2. If The Contractor Does Not Provide The Drawings And/or Manuals By The Dates Stated Above, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause 2 Sectional Completion Is Not Applicable The Intended Completion Date Is Three Hundred Sixty-five (365) Calendar Days From The Date Of Receipt Of The Ntp. 4.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor From The Date Of The Receipt Of Notice To Proceed (ntp). 6 No Further Instructions. 7.2 Fifteen (15) Years. 10 No Dayworks Are Applicable To The Contract. 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) 11.2 The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is [insert Amount]. 13 The Amount Of The Advance Payment Is Five Percent (5%) Of The Contract Price To Be Split In Two Installments (2.5% Upon Issuance Of Nortice To Proceed And 2.5% Upon Issuance Of Notice To Construct) Upon Submission To And Acceptance By The Bureau Of Corrections 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 Bureau Of Corrections. 14 The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Payment For Work Accomplishment Shall Be Made In Two Billings Only First Billing Is At Fifty Percent (50%) And The Last And Final Billing Of One Hundred Percent (100%) Work Accomplishment. Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15.1 The Date By Which “as Built” Drawings Are Required Is Upon Actual Completion Of The Project. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is Equivalent To Five Percent (5%) Of The Contract Price. Section Vi. Specifications Scope Of Work Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Sta. Lucia Sub – Prison Colony, Puerto Princesa, Philippines 1. Project Information 1.1 Project Description The Correctional Institution For Women (ciw) Security Compound Project At The Iwahig Prison And Penal Farm (ippf) Is A Pivotal Initiative Aimed At Modernizing And Securing Facilities Tailored To The Needs Of Confined Women. Situated Within The Expansive Grounds Of The Ippf, This Project Addresses Critical Deficiencies In The Current Infrastructure While Emphasizing Safety, Rehabilitation, And Community Reintegration. By Integrating Security Technologies, And Comprehensive Rehabilitation Programs, The Ciw Security Compound Will Not Only Enhance The Physical Security Of Female Psdl But Also Provide Them With Opportunities For Personal Growth, Skill Development, And Successful Reintegration Into Society. This Project Exemplifies A Commitment To Promoting Justice, Dignity, And Social Rehabilitation Within The Correctional System, Setting A New Standard For Women's Penal Facilities In The Region. The Ciw Facility At Ippf Represents A Significant Step Towards Reforming The Criminal Justice System And Promoting The Rehabilitation And Reintegration Of Female Offenders. By Prioritizing Safety, Rehabilitation, And Innovation, This Project Strives To Uphold The Principles Of Justice, Dignity, And Social Responsibility For All Individuals Within The Correctional System. This Project Aims To Be Completed Within A Year, Aligning With Our Decongestion Program. This Expedited Timeline Underscores Our Commitment To Addressing Urgent Needs Within The Correctional System And Providing Timely Solutions To Improve Conditions For Incarcerated Women. The Contract Will Involve The Design And Build Scheme Leading To The Construction Of The Ciw Facility At Sta. Lucia Sub Prison Colony, Iwahig Prison And Penal Farm, Puerto Princesa, Philippines. The Plans And Designs Shall Be In Accordance With The Plan Of The Said Structures As Conceptualized By The Planning And Design Unit (pdu) Under Civil Engineering Section (ces) Of General Services Division (gsd) Or As Conceptualized By The Winning Bidder If The Latter Is Found To Be Superior (as Defined In Section 3.1.1 Of This Tor). Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The Ciw Facility Shall Be Constructed As Per Approved Drawings, Specifications, Bill Of Materials, Scope Of Works And The General Contract Conditions Following The Guidelines As Per Annex G Of Irr Of Ra 9184. The Project Shall Have The Following Basic Components: A. Complete Detailed Architectural And Engineering Design Plans, Technical Specifications, And Design Calculations For The Construction Of The Project. Such Plans, Designs, And Technical Specifications Shall Be Subject For Review And Approval By The Bucor Pdu. The Design Development And The Contract Documents Phases Of The Design Shall Continue After The Bid Is Awarded. It Shall Likewise Be Subject For Review And Approval By The Bucor - Nhq General Services Division (gsd). B. The Bid Shall Be Based On The Conceptual/schematic Design Drawings Prepared By The Bucor Pdu Or That Submitted By The Winning Bidder As Defined In Section 3.1.1 Of This Tor. C. The Contractor Shall Complete The Construction Of The Following Facility Component: (sta. Lucia Sub Prison Colony – Ciw Palawan) I. One (1) Unit Two (2) Storey + Roof Deck “type B” Dormitory Designed For 500 Psdl; Ii. With Fire Protection, Fire Detection Alarm System, And Fire Suppression Equipment Included In Dormitory, Iii. 48sqm Security Office For Main Gate Iv. Main Perimeter Walls With Catwalk And Guard Towers (with Comfort Room) In Compliance With Ra 10575. Security Gate And Pedestrian Gate Included V. Secondary Perimeter Fence In Compliance With Ra 10575. Security Gate And Pedestrian Gate Included. Vi. Visiting Area, 200sqm. Vii. 250sqm Fully Furnished Admin Building Viii. Power Line Connection From Main Road/main Line To The Facility (more Or Less 320m) Ix. Electrical System, Backup Power Supply System With Capacity Not Less Than The Total Computed Kva Load, Without Demand Factor. X. Water Supply System (required System Level To Supply The Facility. With Sufficient Pressure Level And To Provide Potable Water: Cistern, Pumps, Elevated Water Tank, And Chlorinator If Necessary) Xi. Site Development (grading And Earthworks, Pathways, And Site Drainage System). Xii. Cctv Systems (centralized) Xiii. Sewage Treatment Plant (sequencing Batch Reactor) Xiv. Bunkbeds For 500 Psdl Capacity (design And Specification Of Bunk Beds For Review Of Planning And Design Unit – Gsd). 1.2 Contractual Framework The Contractual Arrangement To Be Used For The Project Is The Design-and-build (db) Scheme. Under This Scheme The Procuring Entity Awards A Single Contract For The Architectural/engineering Design And Construction To A Single Firm, Partnership, Corporation, Joint Venture Or Consortium. The Winning Contractor Shall Consult And Collaborate With The Bucor Pdu For The Preparation Of The Detailed Architectural Design Of The Project. The Detailed Architectural And Engineering Design Shall Be Subject For The Review And Approval By The Bucor Pdu. Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The Obligations And Liabilities Of The Contractor And Its Architect Shall Be Joint And Solidary For Purposes Of The Detailed Architectural Design Of The Project In Accordance With Article 1723 Of The Civil Code Of The Philippines And Other Pertinent Laws. The Db Scheme Of Procurement Was Recommended, Endorsed, And Adopted Pursuant To The Annex G Of Irr Of Ra 9184. 2. Scope Of Contract 2.1 Obligations Of The Winning Bidder/contractor A.render Architectural And Allied Engineering Design Services Including Final Schematic Design Necessary For The Implementation Of The Project. The Allied Engineering Design Services Shall Include, But Shall Not Be Limited To, Design For Architectural, Civil, Structural, Electrical, Mechanical, Plumbing, And Electromechanical (for Stp). All Drawings Shall Be Generated Using Modern Modeling/drafting Software And Printed On High Quality 20” X 30” Blue Print Paper. B. Undertake Detailed Architectural And Engineering Designs (daeds) Using The Given Data Such As Topographic, Hydrographic And Cross–section Surveys, Geotechnical And Geological Investigation, And Hydrologic Investigation And Initial Schematic Design Or Design Concept Provided By The Bucor Pdu Which Conforms With The Minimum Performance Specifications And Standards (mpss); C. If Applicable, Secure Environmental Clearance Or An “environmental Compliance Certificate (ecc)”. If The Proposed Project Is Considered Outside The Purview Of The Philippine Environmental Impact Statement (eis) System, A Certificate Of Non- Coverage Or Certificate Of Exemption Shall Be Secured. D. The Project Shall Be Constructed According To The Daeds Prepared By The Winning Bidder And Approved By The Bucor And In Compliance With The Mpss As Well As Provided In Rule Vii, Section 7 Of The Irr Of Ra 10575. Likewise, Construction Includes Conformance To The Provisions Pertaining To Buildings Under The Latest Edition Of The Dpwh Standard Specifications For Public Works Structures, Volumes Ii And Iii (blue Book). The Blue Book Prescribes, Among Other Things, The Material Requirements And Construction Requirements For Different Items Of Work, Including The Tests To Be Conducted During Construction By The Dpwh-accredited Testing Laboratory. The Blue Book Incorporates Pertinent Provisions Of The American Society For Testing And Materials (astm) And American Concrete Institute (aci), Among Other Standards, Pertaining To Construction. Attention Shall Be Given To The Relevant Items Of Work In The Following Parts Of The Blue Book: Volume Ii ➢ Part A – Facilities For The Engineer ➢ Part B – Other General Requirements Volume Iii ➢ Part A – Earthwork ➢ Part B – Plain And Reinforced Concrete Works ➢ Part C – Finishing ➢ Part D – Electrical ➢ Part E – Mechanical ➢ Part I – Water Supply ➢ Part J – Flood Control And Drainage ➢ Part I-c – Drainage Works For Materials And Technologies Not Covered By The Blue Book, Or If The Proponent Intends To Use Any New Material/technology Which Is Not Accredited By The Dpwh Bureau Of Research And Standards (brs), The Proponent Shall Submit A Certification From A Recognized Foreign Or International Institution To The Effect That The New Materials Or Technology Meets The Mpss For This Project And Has Been Successfully Used In Existing Structures With Proven Integrity. The Winning Bidder Or Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Specified In Section 62.2 Of The Irr Of Ra 9184; And, F. The Winning Bidder Or Contractor Shall Be Solely Responsible For The Design And Shall Be Held Responsible For Any Default Resulted From Improper Design. Further, Extended Liability Of The Contractor Since It Stipulated That The Works, When Completed, Shall Be Fit For The Purpose For Which It Was Intended As Defined In The Contract. 2.2 Obligations Of The Bucor A. Provide Full Information On All Requirements For The Project; B. Approve The Winning Bidder Or Contractor’s Design Without Diminishing Their Full And Sole Responsibility For The Quality And Integrity Thereof; C. Give Prompt Written Notice Thereof To Winning Bidder Or Contractor, If It Observes Or Becomes Aware Of Any Defect In The Project; D. Designate When Necessary, Representatives Authorized To Act On Its Behalf. It Shall Examine Documents Submitted By The Winning Bidder Or Contractor And Render Decisions Pertaining Thereto Promptly, To Avoid Unreasonable Delay In The Progress Of Their Work. It Shall Observe The Procedure Of Issuing Orders To The Winning Bidder Or Contractor; E. Supervise And Monitor The Implementation Of The Project; I. Construction Monitoring And Testing Forms: • The Use Of Construction Monitoring And Testing Forms That Will Be Provide By The Bucor - Nhq Pdu Is Mandatory Throughout The Duration Of Construction. • Oversight Of These Forms Will Be Conducted By The General Services Section (gss) Of The Ippf On Behalf Of The Bucor Gsd • Ippf-gss To Impose To Contractor Testing Of All Items After Installation And/or Application. Gss To Send Pdu Copy Of The Test Report/s. • Ippf-gss To Monitor Material Delivery Of Contractor To Ensure All Materials Installed And/or Applied Are In Accordance With The Specifications Stated On Plans And Contract Of This Project. • In Case There Would Be Substitute Or Alternative To The Original Specification Of Material/s, Ippf-gss To Inform Pdu Of Such Variation. Ii. Bucor Engineer Visits: • Nhq Engineers And Architects (personnel Of Pdu) Will Conduct Site Visits On A Quarterly Basis Or Whenever Deemed Necessary To Ensure Compliance With Standards And Regulations. • Pdu Personnel To Witness The Final Testing And Commissioning Of The Systems, Equipment And Utilities Prior To Acceptance Of The Project Or Part Of The Project Thereof. Iii. Progress Billing Payment: • Ippf Gss Engineers Will Provide Monthly Updates, Or As Deemed Necessary, On The Statement Of Work Accomplishment Based On The Actual Progress Of The Project, Including Reports Update. F. Pay The Accomplishment Accepted In The Conformance With The Mpss Included Under The Design And Build Contract. I. This Reports And Swa Updates Of The Ippf Gss Will Be Reviewed And Approved By Gsd - Nhq Prior To Any Progress Billing Payments Being Made. 2.3 Bidding Documents The Bidding Documents For The Project Shall Govern The Conduct Of The Procurement Of The Project. 3. Scope Of Works 3.1 Planning And Design Phase 3.1.1 Preliminary Architectural Plan (pap) By Bidder The Approved Concept Design Shall Adopt The Provisions Indicated In Rule Vii, Section 7 Of The Irr Of Ra 10575. Bidders Shall Submit Also An Alternative Design Concept With Respect To The Actual Site Condition. This Alternative Design By The Winning Bidder Shall Be Adopted Should The Same Be Found To Be Superior Than The One Conceptualized By The Bucor Pdu. 3.1.2 Detailed Architectural And Engineering Design (daed) By The Winning Bidder During The Implementation Of The Project, The Winning Bidder Shall Prepare The Daed Of The Project And Submit The Same To The Bucor For Approval Prior To The Execution Of The Construction Works. The Winning Bidder Shall Prepare The Daed Based On Its Pap As Reviewed And Accepted By The Bucor Pdu And In Accordance With The Minimum Performance Standards And Specifications (mpss). The Daed Shall Be Undertaken With A Degree Of Accuracy That Will Allow Estimates To Be Made Within Approximately Plus Or Minus Five Percent (+/-5%) Of The Final Quantities. Once Approved By The Bucor, The Winning Bidder’s Daed Shall Form Part Of The Mpss. The Bucor-approved Daed, Together With The Mpss Provisions On Construction Under Section 2.0 Hereof, Shall Govern The Actual Construction Undertaken By The Winning Bidder. The Winning Bidder Shall Undertake The Necessary Field Surveys And Investigation In Accordance With The Dpwh Design Guidelines. In Carrying Out These Works, The Winning Bidder Shall Ensure That The Engineering, Environmental, Particularly During Field Investigations And The Development Of The Preliminary And Final Detailed Engineering Designs. The Winning Bidder Shall Ensure That All Designs Submitted For Approval Have Fully Taken Into Account Key Findings From The Engineering, Environmental, And That Negative Environmental Impacts Have Been Minimized Or Eliminated To The Fullest Extent Possible. 3.1.3 Architectural And Engineering Design Submittals I. Architectural Design A. The Building Should Be Designed With Structural, Electrical, Natural Or Combine Ventilation And Natural Lighting Following Building Design Standards. B. The Prospective Bidder Shall Prepare The Preliminary Architectural Plans In Accordance With The Requirements Of The National Building Code Of The Philippines, Accessibility Law (bp 344) Including All Other Applicable Laws And Local Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Site Development Plan 2. Vicinity Map 3. Perspective 4. Floor Plans 5. Elevations A. Front Elevation B. Rear Elevation C. Right Elevation D. Left Elevation 6. Sections A. Longitudinal Section B. Cross Section 7. Doors & Window Schedule 8. Plans And Details Of Stairs And Ramps 9. Schedule Of Finishes For Floors, Walls And Ceiling 10. Miscellaneous Details Ii. Structural Design A. The Proponent Shall Prepare The Necessary Structural Analysis/calculation And Design Of The Structural Members Of The Building Component In Accordance With The National Building Code Of The Philippines With Its Referral Codes Such As The Latest National Structural Code Of The Philippines. The Design For The Structure Shall Take Into Account, Among Other Things, The Seismic Requirements Of The Area To Determine The Optimum Safety Of The Whole Structure And To Minimize Possible Earthquake Damage. B. On The Basis Of The Data Obtained From The Detailed Site Investigations, Topographical/soil And Survey, Geotechnical Engineering, Foundation Investigation, Material Testing, Survey Of Existing Site Conditions, The Seismic Requirements Of The Area, The Load Requirements Of The Building And Other Investigation Required To Obtain The Data Necessary To Ensure The Safety Of The Structure, The Proposal Shall Prepare The Preliminary Structural Design Plans Of The Structure. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Structural Design Criteria And Design Notes 2. Foundation Plan 3. Floor Framing Plans 4. Schedule Of Slab, Beams And Girders 5. Schedule Of Columns 6. Schedule Of Footings 7. Structural Details Of Stairs/ramp, If Applicable 8. Roof Framing Plan, If Applicable 9. Schedule And Details Of Trusses, If Applicable 10. Road Design And Details (if Applicable) 11. Miscellaneous Details Iii. Sanitary/plumbing Design A. General • The Detailed Design Shall Conform To The General Standards Adopted By The Sanitary & Plumbing Code Of The Philippines And Other Pertinent Laws And Ordinances. • All Design Considerations/assumptions Shall Be Based On The Results Of The Technical Studies, Detailed Analyses, And Design Computations. • The Technical Drawings And Specifications Shall Clearly Indicate All The Details Required To Ascertain The Care And Thoroughness Devoted In The Preparation Of The Drawings. B. Drainage And Sewerage • The Drainage Layout Shall Show All The Required Information Such As Direction Of Flow, Manhole-to-manhole Distances, And Sizes Of Lines, Manholes/canals, Location Of Outfalls, Etc. • The Prospective Bidder Shall Prepare A Design For The Sewage Treatment Plant In Accordance To The Clean Water Act Of 2004 (republic Act No. 9275) And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Sewer, Vent And Storm Drainage Layout 4. Enlarged Toilet Plan For Common And Pwd Toilets 5. Isometric Diagram 6. Miscellaneous Details 7. Drainage And Sewerage System 8. Three Chamber Septic Tank Plans And Details C. Water Supply And Distribution System • The Proponent Shall Carry Out A Preliminary Detailed Design For The Water Supply Of The Project. The Design Should Be On The Basis Of The Source And Volume Of Water Supply, Water Consumption, Piping Network, And Conveyance In Accordance With The Applicable Laws, Rules And Regulations Governing Health, Safety And Sanitation. • The Contractor Shall Install Elevated Water Storage/s Per Unit Located At The Roof Deck Of The Prison Dormitories. (sufficient Capacity To Supply The Pdl) Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Water Line Layout 4. Water Line Isometric Diagram 5. Water Reservoir Plans And Details 6. Miscellaneous Details Iv. Electromechanical Design A. Sewage Treatment Plant • The Prospective Bidder Shall Prepare A Design For The Sewage Treatment Plant In Accordance To The Clean Water Act Of 2004 (republic Act No. 9275) And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Electrical System Layout 4. Mechanical System Layout 5. Instrumentation And Control System Diagrams 6. Piping And Instrumentation Diagrams (p&ids) 7. Equipment Details And Specifications 8. Electrical Power Distribution 9. Emergency Power Systems 10. Grounding And Lightning Protection 11. Control And Monitoring Systems, If Applicable 12. Safety Systems 13. Miscellaneous Details B. Fire Protection System • The Prospective Bidder Shall Prepare A Design For The Fire Protection System In Accordance To The Fire Code Of The Philippines, (irr) Of Ra 9514, And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Sprinkler System 2. Sprinkler System Isometric Diagram 3. Fire Fighting Piping System Diagram 4. Fire Alarm System Layout 5. Fire Suppression System Layout 6. Smoke Management System Layout 7. Fire Pump And Water Supply 8. Miscellaneous Details V. Electrical Design A. The Prospective Bidder Shall Prepare A Preliminary Design Plan For The Electrical And Power Supply System Of The Building In Accordance With The Electrical Code Of The Philippines, Fire Code Of The Philippines, National Building Code Of The Philippines And Other Relevant Laws And Ordinances. B. The Prospective Bidder Shall Prepare A Design For The Electrical And Power Supply System Considering Ease Of Maintenance And Prevention Of Illegal Connections Including Electrical Supply For Ceiling Fans. C. The Prospective Bidder Shall Prepare A Design For Backup Power Generator With Capacity Not Less Than Total Computed Kva Load Without Demand Factor. D. 3-phase Electrical Supply Shall Be Sourced From The Local Electrical Utility. E. Power Line Connection From Main Source To The Facility Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Power Riser Diagram 2. Power Layout System 3. Lighting Layout System 4. Local Area Network System, If Applicable 5. Grounding System 6. Load Schedules 7. Others As Applicable Vi. Other Requirements  Technical Specifications  Boring Test  Structural Design And Analysis And Computation  Final Design And Construction Plans  Upon Award Of Contract, The Contractor Shall Comply The Following: O Prepare Final Draft Of Architectural And Engineering Design Plans Incorporating All Design Refinements And Revisions Based On Project Requirement Or As May Be Required By The Bucor Pdu Within The Scope Of Design. O Submit To The Bucor Design And Build Committee (bucor-dbc) The Final Architectural And Engineering Design Plans And Specifications Duly Signed And Sealed By The Concerned Professional Architect, Engineers, Incorporating All The Necessary Revisions And Refinements For Approval By The Head Of Procuring Entity. 3.2 Construction Phase The Following Works Shall Comprise This Phase: I. Permits And Clearances, The Contractor Shall Upon Authorization Of The Head Of The Procuring Entity (hope), Make Representations With The Government Agencies Concerned To Expedite The Processing Of The Necessary Permits And Certificates Such As The Following: A. Zoning Certification And Locational Clearance B. Building /electrical/sanitary Permits C. Certificate Of Occupancy D. Environmental Clearance Certificate E. All Other Permits/clearances As May Be Required For The Construction. Ii. Mobilization, The Contractor Shall Mobilize All The Required Project Team Personnel, Equipment, Tools, And Manpower With The Required Skills And In Sufficient Number As May Be Necessary For His Efficient Undertaking Of The Project. Iii. Clearing, Grubbing And Hauling/disposal Of Debris Iv. Construction Stage As A Rule, Contract Implementation Guidelines For Procurement Of Infrastructure Projects Shall Comply With Annex “e” Of The Revised Irr Of Ra 9184. The Following Provisions Shall Supplement These Procedures: I. No Works Shall Commence Unless The Contractor Has Submitted The Prescribed Documentary Requirements And Implementing Unit Has Given Written Approval. Work Execution Shall Be In Accordance With Reviewed And Approved Documents. Ii. The Contractor Shall Be Responsible For Obtaining All Necessary Information As To Risks, Contingencies And Other Circumstances Which May Affect The Works And Shall Prepare And Submit All Necessary Documents Specified By The Implementing Unit To Meet All Regulatory Approvals As Specified In The Contract Documents. Iii. The Contractor Shall Submit A Detailed Program Of Works Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) For Approval By The Head Of The Procuring Entity (hope) That Shall Include, Among Others: A. The Order In Which It Tends To Carry Out The Work Including Anticipated Timing For Each Stage Or Design/detailed Engineering And Construction; B. Periods For Review Of Specific Outputs And Any Other Submissions And Approvals; C. Sequence Of Timing For Inspection And Tests; D. General Description Of The Design And Construction Methods To Be Adopted; E. Number Of Personnel To Be Assigned For Each Stage Of The Work; F. List Of Equipment Required On Site For Each Stage Of The Work; And G. Description Of The Quality Control System To Be Utilized For The Project. Iv. Any Errors, Omissions, Inconsistencies, Inadequate Or Failure Submitted By The Contractor That Do Not Comply With The Requirements Shall Be Rectified, Resubmitted And Reviewed At The Contractor’s Cost. If The Contractor Wishes To Modify Any Design Or Document Which Has Been Previously Submitted, Reviewed And Approved, The Contractor Shall Notify The Implementing Unit Within A Reasonable Period Of Time And Shall Shoulder The Cost Of Such Changes. V. As A Rule, Changes In Design And Construction Requirements Shall Be Limited Only To Those That Have Not Been Anticipated In The Contract Signing And Approval. The Following Guidelines Shall Govern Approval For Change Or Variation Order: A. Change Orders Resulting From Design Errors, Omissions Or Non-conformance With The Performance Specifications And Parameters And The Contract Documents By The Contractor Shall Be Implemented By The Contractor At No Additional Cost To The Bucor. B. Provided That The Contractor Suffers Delay And/or Incurs Costs Due To Changes Or Errors In The Preparation Of Performance Specification And Parameters, The Contractor Shall Be Entitled To Either One Of The Following:  An Extension Of Time For Any Such Delays Under Section 10 Of Annex “e” Of Irr-a (ra9184; Or  Payments For Such Cost As Specified In The Contract Documents, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. C. The Contract Documents Shall Include The Manner And Schedule Of Payment Specifying The Estimated Contract Amount And Installments In Which The Contract Will Be Paid. D. The Contractor Shall Be Entitled To Advance Payment Subject To The Provisions Of Section 4 Of Annex “e” Of The Revised Irr Of Ra 9184. E. The Implementing Unit Shall Monitor The Quality Control Procedures For The Design And Construction In Accordance With The Government Guidelines And Shall Issue The Proper Certificates Of Acceptance For Sections Of The Works Or Whole Of The Works As Provided For In The Contract Documents. F. The Contractor Shall Provide All Necessary Equipment, Personnel, Instruments, Documents And Others To Carry Out Specified Tests. G. This Design And Build Project Shall Have Minimum Defects Liability Period Of One (1) Year Contract Completion Or As Provided In The Contract Documents. This Is Without Prejudice To The Liabilities Imposed Upon The Engineer/architect Who Drew Up The Plans And Specification For A Building Sanctioned Under Section 1723 Of The New Civil Code Of The Philippines. H. The Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Of 15 Years For Permanent Structures/buildings And 5 Years For Roads As Specified In Section 62.2.2 Of The Revised Irr Of Ra 9184 V. As-built Plans. The Contractor Shall Cause The Preparation And Submission Of As-built Plans Duly Signed And Sealed By All Concerned Parties Involved In The Construction In The Same Sheet Size And Scale As The Original Drawings In One (1) Blue Print Copy And One (1) Reproducible Copy. Vi. General Requirements: 1. Temporary Facilities Such As Field Offices For The Bucor Inspectorate Team, Project Engineers And Quarters For Laborers; Temporary Warehouse For The Construction Material. 2. Office Furniture And Equipment, Survey Equipment And Consumables 3. Photographs: This Item Consists Of The Supply Of Equipment And Materials, I.e., Album, Necessary To Undertake Photographic Progress Activities Of The Project And Of All Cost Incidental To The Preparation And Submission Of Photographs (at Least 12 Photographs Per Day). The Quantities For Photographs Shall Be One (1) Set Of Photographs Per Month. 4. Health And Safety Program Including Personal Protective Equipment (ppe) A. All Standard Safety Measures And Precautions Shall Be Exercised By The Contractor In The Course Of The Project For The Protection Of The Public And Its Workers And In Conformity With Dole Department Order No. 13, Series Of 1998. B. All Workers Shall Be Equipped With Proper Working Uniform And Identification At All Times. They Must Be Registered With The Governing Bucor Security Office And Must Comply With The Bucor’s Rules And Regulations. C. The Contractor Shall Secure His/her Own Equipment And Materials On Site. The Bucor Shall Not Be Liable To Any Losses Incurred During The Progress Of The Work. 5. Environmental Compliance 6. Communication Equipment: This Item Consists Of The Provision Of Communication Equipment. 7. Billboard 8. Traffic Management (if Applicable). Vii. Building Construction 1 Unit One (1) Storey Type ‘b’ Pdl Dormitory Building With 500 Pdl Capacity. 4.7sqm Per Pdl (shower, Water Closet And Wash Basin Included). Maximum Of 10psdl Per Cell. Including: Fire Protection And Fire Detection Alarm Systems, And Fire Suppression Equipment For Dormitory In Accordance To Governing Laws And Regulations Requirements. With Stainless Steel Elevated Water Tank On Roof Deck; To Supply Sufficient Pressure In Every Plumbing Fixtures. Minimum Number Of Fixtures Per Cell: 2 Unit’s Flush Valve Water Closet, 2 Unit Flush Valve Urinal, 1 Unit Lavatory, 3 Units Wall Faucet, And 3 Units Shower Head. Provide Enhanced Natural Ventilation As Necessary. 1 Unit One (1) Storey Admin Building 250sqm. (open Space Staff Working Area, Reception Area, Conference Room, Chief Office, Pantry, Storage, Cctv Room). Fully Furnished 1 Unit One (1) Storey Visitation Area 200sqm, (office, Control/frisking Area, Toilets). 700 Ln.m., More Main Perimeter Concrete Fence With Concrete Catwalk, Stairs, Post Towers With Individual Cr (maximum Distance Of 100m). Provision Of Main Sliding Steel Control Gate And Pedestrian Steel Gate (refer To Rule Vii, Section 7 Of The Revised Irr Of Ra 10575) 700 Ln.m., More Secondary Perimeter Fence With, Provision Of Solar Light (outside Secondary Perimeter) With Maximum Distance Of 20m Apart. Secondary Steel Gate And Pedestrian Steel Gate (refer To Rule Vii, Section 7 Of The Revised Irr Of Ra 10575) 1 Lot Site Development. Includes Not Limited To The Following: Stormwater Management: Implementing Systems To Manage Stormwater Runoff, Which Include Underground Drainage Systems. (planning, Designing, And Installing Pipes, Channels, Culverts, Ditches, And Other Structures That Collect, Convey, And Discharge Storm Water Runoff). Drainage Outfall To Connect To Existing Nearest Drainage Line. Shall Conform To Existing Rules And Regulations Of The Lgu. Grading And Earthwork: Leveling The Ground And Shaping It To The Required Specifications For The Construction Project. This May Involve Excavation, Filling, And Compacting Soil. 1 Lot Control Gate And 48sqm Control Gate Security Office 250 Units Double Deck Bunk Beds (design And Specification Of Bunk Beds For Review Of Planning And Design Unit – Gsd). 1 Lot Electrical System Designed To Accommodate Future Facility Electrical Loads. Backup Power Generator Sets, Capacity Not Less Than Total Computed Kva Load, Without Demand Factor) 1 Lot 3-phase Power Line Connecting From Main Power Source Posts, Cables And Necessary Electrical Components. Street Lights Included 1 Lot Water Supply System. Includes The Ff: Water Source, Water Treatment System (as Necessary To Provide Potable Water), Storages, Distribution And Plumbing System. Required Water System Level To Supply The Facility. Sufficient Water Pressure To Supply Outpost Plumbing Fixtures 1 Lot Sewerage Treatment Plant (sequencing Batch Reactor). With Quality Deemed Suitable For Discharge Into Nearby Water Bodies, In Accordance With The Standards Set By The Local Municipality Or Government. 1 Lot Cctv System For Perimeter And Dormitory (centralized). Inside And Outside Of Both Dorm And Perimeter Can Be Monitored. Recording Of Video Data Will Be Continuous 24/7/365 For All Cameras Deployed On The Security Video System. Provision Of Housing For Protection Of Outside Cctvs. With Ir Leds For True Day And Night Surveillance. With At Least 2mp Sensor. With Wide Field Of Vision. With Movement Sensor. A. Material Specifications: A. Floor Finishes • Polished Cement Finish Prison Cell, Hallways, Staircases, And Rooms • Plain Cement Finish - Pathways. • Ramps - Anti Slip Pavers Or Tiles • Crs – Unglazed Ceramic Tiles B. Wall Finishes A. Glazed Wall Tiles - 1.8m Height. B. Plain Cement Plaster Finish - For All Buildings And Facilities C. Ceiling Finishes C. Concrete Steel Decking, If Applicable. – Coated In White Enamel D. Painting D. Semi-gloss Solvent Paint Top Coat (high-end Quality) For Interior And Exterior Walls In Two To Three Coats Application. Apply Concrete Neutralizer For Newly Finished Concrete Surfaces. Use Solvent Primer. E. Varnish Paint Finish With Weather Proof Coating – For Doors And Jambs Branded, High-end Quality (offices, Etc.), All Wooden Doors Must Have Secondary Steel Doors. F. Use Epoxy Paint Primer. Epoxy Paint Finish – For Structural Steel And All Metal Works E. Doors And Windows G. No Doors For Prison Facility Comfort Rooms With 1.20 Meter Finish Wall Height (see Rule Vii, Section 7 R-irr Of Ra 10575). H. Steel Doors And Grills – For Dormitories, Gates And Other Security Areas. Sliding Doors For All Cells (see Rule Vii, Section 7 R-irr Of Ra 10575) F. Waterproofing I. Uv Resistant Polyurethane Waterproofing – For All Roof Deck With Topping Works Provided With Welded Wire Mesh. J. Cistern - Polyurethane Waterproofing G. Plumbing Works K. Upvc Pipe Series 1000 – For All Soil, Sewer, Waste, Dry And Wet Vent Piping High-end Quality L. Pprc Fusion Type – For All Water Lines High-end Quality M. Sprinkler System To All Prison Dormitories In Accordance With The Provisions Of Revised Plumbing Code Of The Philippines. 4. Approved Budget For The Contract (abc) The Approved Budget For The Contract (abc) Is Php 272,166,000.00. This Is The Ceiling For Acceptable Bids. Bids Higher Than Abc Shall Be Automatically Rejected. 5. Proposed Implementation Schedule (example): No. Of Months 1 2 4 5 6 7 8 9 10 11 12 Design Phase Construction Phase 6. Eligibility Criteria For Bidders 6.1 General The Eligibility Requirements For This Design And Build Project Shall Adopt The Provisions Of Annex “g” Of The Implementing Rules And Regulations Of Ra 9184 (e.g. Eligibility Requirement). However, If A Bidder Who Has No Experience In Db Project On Its Own May Opt To Enter A Subcontracting Agreement, Partnership, Or Joint Venture With A Design Or Engineering Firm For The Design Portion Of The Project. 6.2 Legal Requirements A. Valid Contractor’s License Issued By The Philippine Contractor’s Accreditation Board B. Valid License Of The Contractor’s Designer Issued By The Professional Regulation Commission. 6.3 Technical Requirements A. The Contractor’s Designer Must Have Designed One Structure Similar To The Project At Hand With A Construction Cost Of At Least 50 % Of The Abc. 6.4 Financial Requirements The Contractor Must Have A Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc To Be Bid Or Equivalent To Php272,166,000.00. 7. Contents Of The Bid 7.1 In The First Envelope Class “a” Documents Legal Documents I. Philgeps Certificate Of Registration And Membership In Accordance With Section 8.5.2 Of This Irr. For Procurement To Be Performed Overseas, It Shall Be Subject To The Guidelines To Be Issued By The Gppb. (a) Ii. Pcab License And Registration, In Case Of Jv; 57 Iii. Statement Of All Ongoing Government And Private Contracts; Iv. Statement Of Slcc; V. Nfcc Computation; Vi. Jva, If Applicable; Vii. Bid Security In The Prescribed Form, Amount And Validity Period; Viii. Project Requirements, Which Shall Include The Following: 1. Organizational Chart For The Contract To Be Bid; 2. List Of Contractor’s Personnel (design And Construction), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 3. List Of Contractor’s Equipment Units Which Are Owned, Leased And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From Lessor/vendor For The Duration Of The Project. Ix. Omnibus Sworn Statement By The Prospective Bidder Or Its Authorized Representative In The Prescribed Format; X. Submission Of Preliminary Conceptual Design Plans: Class “b” Documents I. For Infrastructure Projects, Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And It’s Irr. Ii. Each Partner Of The Joint Venture Shall Submit Their Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. 1. Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) A. Location Plan/vicinity Map B. Perspective C. Floor Plans D. Front View Elevation E. Rear View Elevation F. Left Side View Elevation G. Right Side View Elevation H. Longitudinal Section I. Transverse Section 2. Design And Construction Method 3. List Of Contractor’s Personnel To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc), Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; For Design The Key Professionals And The Respective Qualifications Of The Design Personnel Shall Be As Follows: • Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. • Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. • Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Ten (5) Years’ Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel The Key Professionals And The Respective Qualifications Of The Construction Personnel Shall Be As Follows: • Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. • Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. • Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. • Foreman The Foreman Must Have At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Safety Officer The Safety Officer Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) And Must Have At Least Two (2) Years’ Experience. 4. Value Engineering Analysis Of Design And Construction. The Second Envelope (financial Proposal) Shall Contain All The Required Documents For Infrastructure Projects Under Section 25.38 Of The Irr Of R.a 9184. 7.2 In The Second Envelope – Financial Proposal The Contents Of Financial Proposal – In The Second Envelope Shall Be Governed By Section 6.1 Design And Build Scheme Of The Dpwh Procurement Manual Volume Ii - Infrastructure Main Guidelines (2016). A. Lump Sum Bid Prices, Which Shall Include The Detailed Engineering Cost, In The Prescribed Bid Form Inclusive Of Vat B. Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid For The Following: I Detailed Architectural And Engineering Design; Ii Demolition Works; And Iii Building Construction/civil Works. C. Bill Of Quantities D. Cash Flow And Payments Schedule. 8. Procedure And Criteria For Bids Evaluation For The Detailed Evaluation Of The Design And Build Proposals A Two-step Procedure Shall Be Adopted By The Bac, Which May Be Undertaken With The Assistance Of The Dbc. First-step Procedure: With The Assistance Of The Bucor Design And Build Committee (bucor-dbc), The Bac Shall Conduct The Opening, Preliminary Examination And Detailed Evaluation Of The Design And Build Proposals, As Follows: (1) The First Step Of The Evaluation Shall Involve The Review Of The Preliminary Conceptual Designs And Track Record Submitted By The Contract As Indicated In The Bidding Documents Using A Nondiscretionary “pass/fail” Criteria That Involve Compliance With The Following Requirements: A. Performance Specifications And Parameters And Degree Of Details; B. Adherence Of Preliminary Design Plans To The Required Concept Of Approach And Methodology For Detailed Engineering, Design And Construction With Emphasis On The Clarity, Feasibility, Innovativeness And Comprehensiveness Of The Plan Approach, And The Quality Of Interpretation Of Project Problems, Risks, And Suggested Solutions; And C. Quality Of Personnel To Be Assigned To The Project Which Covers Suitability Of Key Staff To Perform The Duties Of The Particular Assignments And General Qualifications And Competence Including Education And Training Of The Key Staff. 8.1 Merit Point Critera For The Bid Evaluation 8.1.1 Adherence To Performance Specifications (35 Points) A. Compliance And Adherence To Specifications: Excellent Compliance (100 Points): The Submission Fully Adheres To All Specified Project Requirements And Regulations, Demonstrating Meticulous Attention To Detail And Comprehensive Understanding Of The Tor. All Drawings And Documentation Are Accurate, Complete, And In Compliance With Relevant Standards. Good Compliance (80 Points): The Submission Largely Complies With Project Specifications And Regulations, With Minor Discrepancies. Drawings And Documentation Are Mostly Accurate And Complete, Meeting The Majority Of Requirements. Acceptable Compliance (70 Points): The Submission Satisfies Most Of The Specified Requirements And Regulations, Albeit With Some Notable Omissions Or Inconsistencies. Drawings And Documentation Are Generally Accurate And Complete, Meeting The Basic Expectations. Some Reservations (50 Points): The Submission Partially Meets The Specified Requirements And Regulations, With Several Notable Deficiencies Or Inconsistencies. There Are Significant Gaps Or Inaccuracies In The Drawings And Documentation, Raising Concerns About Compliance. Serious Reservations (20%) The Submission Falls Significantly Short Of Meeting The Specified Requirements And Regulations, With Major Deficiencies Or Inconsistencies. Drawings And Documentation Lack Essential Details Or Fail To Comply With Key Standards, Casting Doubt On The Bidder's Understanding Of The Project Scope. Unacceptable (0%) The Submission Fails To Comply With The Specified Requirements And Regulations, Lacking Essential Details And Demonstrating A Fundamental Misunderstanding Of The Project Scope. Drawings And Documentation Are Incomplete Or Inaccurate, Indicating A Lack Of Capability To Deliver The Project On Time. B. Functionality And Efficiency: Excellent (100%): The Design Optimally Utilizes Space, Facilitating Efficient Accommodation Of 500 Psdl. Layout And Design Enhance Operational Flow, Demonstrating Exceptional Foresight And Planning. Integration Of Facilities Promotes Smooth Prison Management. Good (80%): The Design Effectively Utilizes Space, With Minor Areas For Improvement In Operational Flow. Layout And Design Contribute To Efficient Prison Management, Meeting Most Functional Requirements. Acceptable (70%): The Design Adequately Utilizes Space, Meeting Basic Requirements For Accommodating 500 Psdl. Layout And Design Support Operational Flow, Though Some Improvements Are Needed For Optimal Functionality. Some Reservations (50%): The Design Partially Optimizes Space Utilization, With Notable Deficiencies In Operational Flow. Layout And Design Hinder Efficient Prison Management, Requiring Significant Adjustments For Improvement. Serious Reservations (20%): The Design Inadequately Utilizes Space, Hindering Accommodation Of 500 Psdl. Layout And Design Severely Impede Operational Flow, Indicating A Lack Of Understanding Of Functional Requirements. Unacceptable (0%): The Design Fails To Optimize Space Utilization, Lacking Consideration For Accommodating 500 Psdl. Layout And Design Pose Significant Obstacles To Efficient Prison Management, Indicating A Fundamental Misunderstanding Of Functional Requirements. C. Safety And Security: Excellent (100%): The Design Features Robust Perimeter Walls, Guard Towers, And Security Features Ensuring Optimal Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Highly Reliable, With Comprehensive Safety Measures For Both Psdl And Staff. Good (80%): The Design Incorporates Effective Perimeter Walls, Guard Towers, And Security Features, With Minor Areas For Enhancement. Fire Protection And Detection Systems Are Reliable, With Adequate Safety Measures For Psdl And Staff. Acceptable (70%) The Design Includes Satisfactory Perimeter Walls, Guard Towers, And Security Features, Meeting Basic Requirements For Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Functional, With Sufficient Safety Measures For Psdl And Staff. Some Reservations (50%): The Design Features Partially Effective Perimeter Walls, Guard Towers, And Security Features, With Notable Deficiencies In Pdl Containment And Facility Security. Fire Protection And Detection Systems Lack Reliability, With Limited Safety Measures For Psdl And Staff. Serious Reservations (20%): The Design Lacks Effective Perimeter Walls, Guard Towers, And Security Features, Compromising Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Inadequate, Posing Significant Risks To Psdl And Staff Safety. Unacceptable (0%): The Design Neglects Perimeter Walls, Guard Towers, And Security Features, Failing To Ensure Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Absent Or Non-functional, Posing Severe Risks To Psdl And Staff Safety. D. Sustainability And Environmental Considerations: Excellent (100%): The Design Includes Robust Safety Measures And Emergency Protocols, Ensuring The Safety And Well-being Of Psdl And Staff In Accordance With Ra 10575. Good (80%): The Design Integrates Sustainable Design Principles Effectively, With Minor Opportunities For Improvement In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Adequate, Supporting Environmental Sustainability. Acceptable (70%) The Design Includes Basic Sustainable Design Principles, Meeting Minimum Requirements For Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Functional, Contributing To Environmental Sustainability. Some Reservations (50%): The Design Partially Incorporates Sustainable Design Principles, With Notable Deficiencies In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Lack Comprehensiveness, Limiting Environmental Sustainability. Serious Reservations (20%): The Design Lacks Consideration For Sustainable Design Principles, Neglecting Energy Efficiency And Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Insufficient, Undermining Environmental Sustainability. Unacceptable (0%): The Design Disregards Sustainable Design Principles, Showing No Commitment To Energy Efficiency Or Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Absent Or Inadequate, Disregarding Environmental Sustainability. E. Aesthetics And Architectural Design: Excellent (100%): The Design Exhibits Exceptional Aesthetic Appeal And Architectural Coherence, Showcasing Innovative And Visually Pleasing Elements. Consideration Of Local Architectural Vernacular And Contextual Integration Is Evident, Contributing To The Overall Excellence Of The Design. Good (80%): The Design Demonstrates Good Aesthetic Appeal And Architectural Coherence, With Some Areas For Enhancement In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Apparent, Enriching The Design. Acceptable (70%): The Design Achieves Acceptable Aesthetic Appeal And Architectural Coherence, Meeting Basic Expectations For Visual Presentation. Consideration Of Local Architectural Vernacular And Contextual Integration Is Present, Though Limited In Scope. Some Reservations (50%): The Design Lacks Significant Aesthetic Appeal And Architectural Coherence, With Notable Deficiencies In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Minimal, Detracting From The Overall Quality Of The Design. Serious Reservations (20%): The Design Exhibits Poor Aesthetic Appeal And Architectural Coherence, Failing To Engage Visually Or Inspire Interest. Consideration Of Local Architectural Vernacular And Contextual Integration Is Lacking, Diminishing The Design's Relevance And Appropriateness. Unacceptable (0%): The Design Lacks Any Aesthetic Appeal Or Architectural Coherence, Showing No Effort To Engage Visually Or Integrate With The Local Architectural Vernacular. Consideration Of Contextual Integration Is Absent, Rendering The Design Unsuitable For The Project. 8.1.2 Approach And Methodology For Detailed Engineering, Design, And Construction (40 Points) Excellent (100%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Exceptionally Clear, Feasible, Innovative, And Comprehensive. The Plan Demonstrates A High Level Of Understanding Of Project Problems, Risks, And Suggested Solutions, With Well-defined Strategies For Addressing Them. Good (80%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Clear, Feasible, And Comprehensive, With Some Innovative Elements. The Plan Adequately Addresses Project Problems, Risks, And Suggested Solutions, Though Some Areas May Require Further Development. Acceptable (70%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Satisfactorily Addresses Project Requirements, With A Basic Level Of Clarity And Feasibility. The Plan Outlines Strategies For Addressing Project Problems, Risks, And Suggested Solutions, Meeting The Minimum Expectations. Some Reservations (50%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Partially Addresses Project Requirements, With Notable Gaps In Clarity And Feasibility. The Plan Lacks Innovative Elements And May Inadequately Address Project Problems, Risks, And Suggested Solutions. Serious Reservations (20%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Demonstrates Significant Deficiencies In Clarity, Feasibility, And Comprehensiveness. The Plan Fails To Adequately Address Project Problems, Risks, And Suggested Solutions, Indicating A Lack Of Understanding Or Inadequate Planning. Unacceptable (0%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Unclear, Infeasible, And Lacks Comprehensiveness. The Plan Fails To Address Project Problems, Risks, And Suggested Solutions, Indicating A Fundamental Misunderstanding Or Disregard For Project Requirements. 8.1.3 Quality Of Personnel Assigned To The Project (25 Points) Excellent (100%): The Personnel Assigned To The Project, Including Key Staff, Are Highly Suitable And Competent To Perform Their Duties. Key Staff Members Possess Exceptional Qualifications, Competence, Education, And Training Relevant To Their Roles, Demonstrating A High Level Of Expertise And Experience. Good (80%): The Personnel Assigned To The Project, Including Key Staff, Are Suitable And Competent To Perform Their Duties Effectively. Key Staff Members Possess Relevant Qualifications, Competence, Education, And Training, Demonstrating Solid Expertise And Experience. Acceptable (70%): The Personnel Assigned To The Project, Including Key Staff, Meet The Basic Requirements For Suitability And Competence In Performing Their Duties. Key Staff Members Possess General Qualifications And Competence, Education, And Training Relevant To Their Roles, Meeting The Minimum Expectations. Some Reservations (50%): The Personnel Assigned To The Project, Including Key Staff, Demonstrate Some Suitability And Competence In Performing Their Duties, But Notable Deficiencies Are Present. Key Staff Members May Lack Certain Qualifications, Competence, Education, Or Training, Raising Concerns About Their Ability To Effectively Fulfill Their Roles. Serious Reservations (20%): The Personnel Assigned To The Project, Including Key Staff, Exhibit Significant Deficiencies In Suitability And Competence To Perform Their Duties. Key Staff Members Lack Essential Qualifications, Competence, Education, Or Training, Indicating A Lack Of Expertise Or Experience Relevant To Their Roles. Unacceptable (0%): The Personnel Assigned To The Project, Including Key Staff, Are Unsuitable And Incompetent To Perform Their Duties Effectively. Key Staff Members Lack The Necessary Qualifications, Competence, Education, And Training, Demonstrating A Fundamental Mismatch With The Requirements Of Their Roles. 8.2 Determination Of The Merit Point Score The Aggregate Of The Scores In Each Criterion Must Be 70% Or More To Pass Using The Following Formula In Equation. Description Weight (w) Rating (r) Criteria 1 35% (smax/sact) Criteria 2 40% Sact Criteria 3 25% Sact Smax = Η (100) Sact = R1 +r2 +r3 + . . .(rη) Where Η = Number Of Sub Criteria R = Rating Given To The Criteria/sub Criteria The Actual Score (sact) For Each Of The Criteria/sub Criteria Is Obtained By Adding All The Given Rating. (smax) Is The Summation Of Maximum Score Per Criteria 8.3 Passing Rate The Specific Passing Rate Value Depends On The Specific Context Of The Project, The Priorities Of The Design And Build Committee, And The Complexity Of The Requirements Outlined In Ra 10575. Based On The Provided Criteria And Descriptions, The Passing Rate For The Merit Point Criteria (mpc) Could Be Set At 75%. This Means That Bidders Must Score At Least 75% Or Higher In The Evaluation Process To Be Considered As Meeting The Minimum Requirements For The Project A. Pass Rate Per Criteria Will Be Determined Using The Formula: Score = W1*r1 + W2*r2 + W3*r3 B. A Bid Or Technical Bid That Failed In Any Of The Criteria’s Will Not Be Considered For Further Evaluation C. Score Above 75% Will Be Considered As Technically Responsive. Aggregate Score Of Less Than 75% Will Be Considered Failed, And May Be Rejected On That Basis. Second-step Procedure: Only Those Bids That Passed The Above Criteria Shall Be Subjected To The Second Step Of Evaluation. The Bac Shall Open The Financial Proposal Of Each “passed” Bidder And Shall Evaluate It Using Non-discretionary Criteria – Including Arithmetical Corrections For Computational Errors – As Stated In The Bidding Documents, And Thus Determine The Correct Total Calculated Prices. The Bac Shall Automatically Disqualify Any Total Calculated Bid Price Which Exceeds The Abc 9. Data To Be Provided By The Bucor These Data Are For Reference Only And Does Not Guarantee The Contractor That The Data Provided Are Correct, Free From Error, And Applicable To The Project At Hand. The Contractor Is Responsible For The Accuracy Or Applicability Of Any Data That He Will Use In His Design– Build Proposal And Services. Sample Data For Buildings: A. Conceptual Plans 10. Documents To Be Provided By The Contractor During Contract Implementation A. Detailed Architectural And Engineering Plans B. Design Analysis C. Survey Data D. Quantity Calculation E. Detailed Geotechnical Investigation Report F. Design Report. G. As-built Plans, (printed Including Cad Files And Bim Files (lod 500) H. Other Relevant Documents 11. Design And Build Period The Winning Bidder Shall Commence Actual Works Upon The Issuance By The Bucor Of The Notice To Proceed (ntp). The Winning Bidder Shall Complete The Daed And Submit Within The Sixty (60) Calendar Days (cds) Period To The Bucor For Review And Approval. The Contractor Shall Complete The Construction Of The Building Within 305 Cds For The Total Contract Duration Of 365 Cd. Conforme: Name Of Company In Print Signature Over Printed Name Of Authorized Representative/date Section Vii. Drawings The Conceptual Drawings Should Be Attached To This Section Or Annexed In A Separate Folder As Part Of The First Envelope (technical Component Envelope). Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: At Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section Section Viii. Bill Of Quantities The Bill Of Quantities Should Be Attached To This Section As Part Of The Second Envelope (financial Component Envelope). Section Ix. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc) And Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate Or Board Resolution/partnership Resolution In Case Of A Corporation, Partnership, Or Cooperative; Or Original Notarized Special Power Of Attorney In Case Of Sole Proprietorship Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. And ⬜ (h) Conformity With The Technical Specifications (scope Of Work); And ⬜ (i) Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 10. Location Plan/vicinity Map 11. Perspective 12. Floor Plans 13. Front View Elevation 14. Rear View Elevation 15. Left Side View Elevation 16. Right Side View Elevation 17. Longitudinal Section 18. Transverse Section ⬜ (j) Design And Construction Method And ⬜ (k) Value Engineering Analysis Of The Design And Construction Method. And Financial Documents ⬜ (l) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc. And Class “b” Documents ⬜ (m) Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And Its Irr. Each Partner Of The Joint Venture Shall Submit Their Respective Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. Ii. Financial Component Envelope ⬜ (n) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (o) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (p) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ (q) Cash Flow And Payment Schedule. Bidding Form Company Letterhead Statement Of Ongoing Government & Private Contracts Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Value Of Outstanding Works Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Six (6) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Fifty Percent (50%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: Bureau Of Corrections 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 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 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; (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’s Authorized Representative] _____________________________ [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ Issued On ______________ At ___________________________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Omnibus Sworn Statement Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) _________________________________________________________________________ Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Of The Bureau Of Corrections, As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Of The Bureau Of Corrections, As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf). 9. [name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ And Issued On ____________________ At _____________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Certificate Of Net Financial Contracting Capacity Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) (please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _____________________ (p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _________________day Of ________________, 2024 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position _______________ Date Company Letterhead Bid Form Date: Ib No: To Bids And Awards Committee Bureau Of Corrections Nbp Reservation Muntinlupa City We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf); (b) 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 Below Is: ________________________________________₱_________________; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (c) Our Bid Shall Be Valid For A Period Of 120 Calendar 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; (d) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of 30% Percent Of The Contract Price For The Due Performance Of The Contract; (e) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries; (f) 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; (g) 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; (h) 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 (i) We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. (j) We Likewise Certify/confirm That The Undersigned, Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For The Design And Build Of Correctional Institution For Women (ciw) Facility At Iwahig Prison And Penal Farm (ippf) Of The Bureau Of Corrections. (k) We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________

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Details: Description Republic Of The Philippines Province Of Negros Oriental Municipality Of Dauin Barangay Boloc-boloc Bidding Documents For Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Pr No.: 2024-01-001 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 30 Section Iv. General Conditions Of Contract 36 Section V. Special Conditions Of Contract 68 Section Vi. Specifications 71 Section Vii. Drawings 72 Section Viii. Bill Of Quantities 73 Section Ix. Bidding Forms 76 Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Sections 21.2.2 Of The Irr Of R.a. 9184; (b) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website And The Website Of The Procuring Entity Concerned, If Available, For A Minimum Period Of Seven (7) Calendar Days Starting On The Date Of Advertisement; And (c) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned For A Minimum Period Of Seven (7) Calendar Days, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned. Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bid Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids. (b) The Place Where The Bidding Documents May Be Purchased Or The Website Where It May Be Downloaded. (c) The Deadline For The Submission And Receipt Of Bids From The Last Day Of Posting Of The Invitation To Bid; And (d) Any Important Bid Evaluation Criteria. The Invitation To Bid Should Be Incorporated Into The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. Invitation To Bid Contract Name : Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Contract Location : Purok 3 & 6, Barangay Boloc-boloc, Dauin, Neg. Or. Brief Description/scope Of Work : Pathway Concreting Of 0.560 Km. X 4.0m X 0.15m And Road Shouldering Of 0.5m Both Side With Clearing & Grubbing, Sub-grade Preparation, Aggregate Base Course, And Portland Cement Concrete Pavement Including Hand Tools/protective Equipment, Project Billboard, Project Marker, Environmental Mitigating Measures, & Material Testing. Approved Budget For The Contract (abc) : Php 4,840,493.00 Contract Duration : 66 Calendar Days Cost Of Bidding Documents : Php 5,000.00 1. The Barangay Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental, Through The Kapit-bisig Laban Sa Kahirapan-comprehensive And Integrated Delivery Of Social Services (kalahi-cidss) Kapangyarihan At Kaunlaran Sa Barangay (kkb) Fy 2023 Government Of The Philippines (gop) Intends To Apply The Sum Above Stated Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Above-mentioned Contract. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Barangay Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental, Now Invites Bids For The Above-mentioned Description Of Works. Completion Of The Works Is Required For The Above Stated Contract Duration. Bidders Should Have Completed At Least One (1) Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly In Section Ii, Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non- Discretionary Pass/fail Criterion In The Eligibility Check And Preliminary Examination Of Bids 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, Organizations Or Joint Venture 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 Barangay Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental And Inspect The Bidding Documents At The Address Given Below During Office Hours 5. 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 Stated Above. 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 Than The Submission Of Their Bids. The Significant Date And Time Of Procurement Activities Are Shown Below: Procurement Activity D A T E / T I M E 1. Advertisement January 10, 2024 – January 17, 2024 2. Pre-bid Conference January 18, 2024 @ 2:00 P.m. 3. Submission Of Bids January 30, 2024 @ 2:00 P.m. 6. Pre-bid Conference Will Be Held At Barangay Session Hall, Barangay Boloc-boloc, Dauin, Negros Oriental. Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 7. Bids Must Be Delivered At Boloc-boloc, Dauin, Negros Oriental. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18, Or A Bid Securing Declaration As An Additional Form Of Bid Security, Pursuant To Gppb Resolution No. 03-2012. Bids Will Be Opened In The Presence Of The Bidders' Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. To Bid For This Contract, A Contractor Must Submit A Net Financial Contracting Capacity (nfcc) At Least Equal To Abc And The Original Receipt (or) For Payment Of Bidding Documents Before Dropping Of Bids. Bidders Shall Likewise Submit Their Bids Through Their Duly Authorized Liaison Officers Only As Specified In The Contractor’s Information (ci). Submission Of Letter Of Intent (loi) Is No Longer Required To Participate In The Bidding, Pursuant To Dpwh D.o. No. 64, Series Of 2012 And Per Dpwh Dept. Memo Dtd. 17 Dec. 2012, Lifting The Deferment In The Implementation Of Section C.3 Of D.o. No. 64, Series Of 2012. 9. The Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 10. For Further Information, Please Refer To: Hon. Basilia S. Rubio Office Of The Bids And Awards Committee Barangay Boloc-boloc, Dauin, Negros Oriental +639617392474 Basilia S. Rubio Bac Chairman Section Ii. Instructions To Bidders Table Of Contents A. General 7 1. Scope Of Bid 7 2. Source Of Funds 7 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 7 4. Conflict Of Interest 8 5. Eligible Bidders 10 6. Bidder’s Responsibilities 11 7. Origin Of Goods And Services 13 8. Subcontracts 13 B. Contents Of Bidding Documents 13 9. Pre-bid Conference 13 10. Clarification And Amendment Of Bidding Documents 13 C. Preparation Of Bids 14 11. Language Of Bids 14 12. Documents Comprising The Bid: Eligibility And Technical Components 14 13. Documents Comprising The Bid: Financial Component 16 14. Alternative Bids 17 15. Bid Prices 17 16. Bid Currencies 18 17. Bid Validity 18 18. Bid Security 18 19. Format And Signing Of Bids 20 20. Sealing And Marking Of Bids 20 D. Submission And Opening Of Bids 21 21. Deadline For Submission Of Bids 21 22. Late Bids 21 23. Modification And Withdrawal Of Bids 21 24. Opening And Preliminary Examination Of Bids 22 E. Evaluation And Comparison Of Bids 23 25. Process To Be Confidential 23 26. Clarification Of Bids 23 27. Detailed Evaluation And Comparison Of Bids 23 28. Post Qualification 24 29. Reservation Clause 25 F. Award Of Contract 27 30. Contract Award 27 31. Signing Of The Contract 27 32. Performance Security 28 33. Notice To Proceed 29 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non- Competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 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. Unless Otherwise Provided In The Bds, The Bidder Must Have Completed At Least One Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The National Statistics Office Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc). 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. 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. 6.2. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site And Determined The General Characteristics Of The Contract Works And The Conditions For This Project. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.3. 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. 6.4. 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. 6.5. 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. 6.6. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids 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, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) 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 In Accordance With Itb Clause 5.5; And (vii) Tax Clearance Per Executive Order 398, Series Of 2005, As Finally Reviewed And Approved By The Bir. Class "b" Document: (viii) 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 Required In The Bds. 13.2. Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. 6the Bid Security, Issued In Favor Of The Procuring Entity, In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Two Percent (2%) 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; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 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. 19.1. Forms As Mentioned In Itb Clause 0 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.2. 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. 19.3. 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. 19.4. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. - Technical Component” And “copy No. – Financial Component” And The Outer Envelope As “copy No. ”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 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. Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (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 Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above- Mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 27.5. Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 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) Latest Income And Business Tax Returns In The Form Specified In The Bds; (b) Certificate Of Philgeps Registration; And (c) 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 In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 32.3. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The 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. 33. Notice To Proceed 33.1. 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. 33.2. The Date Of The Bidder’s Receipt Of The Notice To Proceed Will Be Regarded As The Effective Date Of The Contract, Unless Otherwise Specified In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Barangay Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental. The Name Of The Contract Is Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc The Scope Of Work Under This Contract Is Pathway Concreting Of 0.560 Km. X 4.0m X 0.15m And Road Shouldering Of 0.5m Both Side With Clearing & Grubbing, Sub-grade Preparation, Aggregate Base Course, And Portland Cement Concrete Pavement Including Hand Tools/protective Equipment, Project Billboard, Project Marker, Environmental Mitigating Measures, & Material Testing. 1.2 The Contract Duration Is : 66 Calendar Days The Intended Completion Date Is: 66 Calendar Days From The Effectivity Date Of The Contract. 2 The Funding Source Is The Fy 2023 Through: Kapit-bisig Laban Sa Kahirapan-comprehensive And Integrated Delivery Of Social Services(kalahi-cidss) Kapangyarihan At Kaunlaran Sa Barangay (kkb) Government Of The Philippines(gop). The Approved Budget For The Contract (abc) Is: Four Million Eight Hundred Forty Thousand Four Hundred Ninety Three Pesos Only (php 4,840,493.00). Tr All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand. A Bidder May Be Considered To Have Conflicting Interest With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (g) As Stated In Itb Clause 4.1 Particularly Paragraph (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. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Bidder Must Have Completed At Least One (1) Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.5 No Further Instructions. 6.2 No Further Instructions. 7 No Further Instructions. 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 18, 2024 At 2:00 Pm, At The Barangay Session Hall, Boloc-boloc, Dauin, Negros Oriental. 10.1 The Procuring Entity’s Address Is: Basilia S. Rubio Bac Chairman Barangay Boloc-boloc Municipality Of Dauin Province Of Negros Oriental Cellphone No.: +639617392474 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Procuring Entity, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b) (ii) (ii.2) Personnel Capabilities The Key Personnel Should Meet The Following Number Of Years’ Work Experience. The Experience Means Total Years Of Civil Works Experience (of Any Nature In Construction And Engineering Consultancy Services) Except For Materials & Quality Control Engineer “same Position In Similar Works” Covers Overall Work Experience For The Designated. That Key Personnel Can Be Pulled Out/substituted From An On-going Project Under The Conditions Set In D.o. No. 09, S. 2012, Technical Requirements For Civil Works Projects For Public Bidding, Which States, Among Others: If A Proposed Key Technical Personnel Is An Employee Of The Bidder And Working On Another Project At The Same Time Of The Bidding, The Bidder Shall Submit A Certification That (1) The Personnel Will Be Pulled-out From The On-going Project Once The Bidder Is Awarded The Contract, And (2) He/she Will Be Replaced With Another Person With Equal Of Better Qualifications, As Certified By The Head Of The Implementing Office. The Bidder May Propose A Key Technical Personnel Who Is Not Its Employee Provided That The Said Personnel Is Required To Submit A Certification That He/she Will Work For The Bidder If It Is Awarded The Contract Under Bidding. These Certifications Shall Be Included In The First Envelope Of The Sealed Bid. 12.1(b)(ii) (ii.3) Minimum Equipment Requirements For The Project Plant/equipment/capacity No. Of Units Dump Truck 1 Transit Mixer 1 Concrete Vibrator 1 Batching Plant 1 Pay Loader 1 Concrete Screeder 1 Concrete Saw 1 Bar Cutter 1 Road Grader 1 Road Roller 1 Water Truck 1 Backhoe 1 Various Carpentry & Masonry Tools 1 The Bidder Shall State In Their Bids A Complete Technical Description Of Their Pledge Equipment, Whether Owned Or Leased, Such As But Not Limited To The Engine Number, Year Model, Chassis Number, Plate Number And Capacity Including The Particular Place Or Site Where The Equipment Are Located. Attached Is The Sample Form “annex B” (list Of Equipment Pledge To The Contract) In Section Ix-bidding Forms, To Be Filled Up By The Bidders During The Preparation Of Bids Per D.o. Nos. 58 & 09, Series Of 2012. The Proof Of Ownership Of Equipment Requirements Are Copies Of Official Receipt (or) And Certificate Of Registration (cr) Of The Equipment Which Should Be Attached Together With The Notarized Affidavit Of Ownership. In Case Of Leased Equipment, A Lease Contract Or Affidavit Of Commitment Should Be Submitted With The Lessor/owner As The Pledge Or Of The Equipment, Stating Therein That The Equipment Will Be Available For The Whole Duration Of The Project. 13.1 “no Additional Requirements” 13.2 The Approved Budget For The Contract (abc) Is Php 4,840,493.00any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non- Responsive And Shall Be Rejected. 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. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Cal. Days From The Date Of Opening Of Bids. 18.1 The Bid Security Shall Be In The Following Amount: 1. Php 24,200.00, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. Php 60,500.00, If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. A Bidder May Submit A Bid Securing Declaration As An Additional Form Of Bid Security, That Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Required Performance Security Within Ten (10) Calendar Days, Or Less From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated In The Guidelines Issued By The Gppb, Resolution No. 03- 2012, Dated 27 January 2012, Attached In Section Ix-bidding Forms (guidelines On The Use Of Bid Securing Declaration). 18.2 The Bid Security Shall Be Valid Until 120 Cal Days From The Opening Of Bids 18.5(a)(iv) Include The Following As Additional Grounds Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post- Qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 No Further Instructions. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Basilia S. Rubio Chairman, Bids And Awards Committee Barangay Boloc-boloc Municipality Of Dauin Negros Oriental The Deadline For Submission Of Bids Is January 30, 2024 24.1 The Place Of Bid Opening Is. Barangay Session Hall, Barangay Boloc-boloc, Dauin, Negros Oriental The Date And Time Of Bid Opening Is: January 30, 2024 @ 2:00 Pm, Or Immediately After The Deadline For Submission Of Bids. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(a) Bidders Have The 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. 31.4(g) List Of 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: 10% Of Total Contract Price, If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 1. 30 % To Total Contract Price, If Performance Security Is In Surety Bond; Or 2. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security 33.2 The Effective Date Of The Contract Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 39 2. Interpretation 41 3. Governing Language And Law 41 4. Communications 41 5. Possession Of Site 42 6. The Contractor’s Obligations 42 7. Performance Security 43 8. Subcontracting 44 9. Liquidated Damages 44 10. Site Investigation Reports 45 11. The Procuring Entity, Licenses And Permits 45 12. Contractor’s Risk And Warranty Security 45 13. Liability Of The Contractor 47 14. Procuring Entity’s Risk 47 15. Insurance 48 16. Termination For Default Of Contractor 49 17. Termination For Default Of Procuring Entity 50 18. Termination For Other Causes 50 19. Procedures For Termination Of Contracts 52 20. Force Majeure, Release From Performance 54 21. Resolution Of Disputes 55 22. Suspension Of Loan, Credit, Grant, Or Appropriation 55 23. Procuring Entity’s Representative’s Decisions 56 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 56 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 56 26. Extension Of The Intended Completion Date 56 27. Right To Vary 57 28. Contractors Right To Claim 57 29. Dayworks 57 30. Early Warning 57 31. Program Of Work 58 32. Management Conferences 58 33. Bill Of Quantities 59 34. Instructions, Inspections And Audits 59 35. Identifying Defects 59 36. Cost Of Repairs 60 37. Correction Of Defects 60 38. Uncorrected Defects 60 39. Advance Payment 60 40. Progress Payments 61 41. Payment Certificates 62 42. Retention 62 43. Variation Orders 63 44. Contract Completion 64 45. Suspension Of Work 64 46. Payment On Termination 65 47. Extension Of Contract Time 66 48. Price Adjustment 67 49. Completion 67 50. Taking Over 67 51. Operating And Maintenance Manuals 67 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. 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. Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time 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. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.1. 10. Site 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 Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non– Compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty 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 Ten Percent (10%) Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (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 17.1. The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Scontract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 3.1(a); (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Constructor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity’s 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For 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. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. 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. Contractors Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management 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 Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting 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. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefor. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment 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 Unless Otherwise Specified In The Scc. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 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 Special Conditions Of Contract Gcc Clause 1 Employment Of Skilled And Unskilled Local Labor Shall Include Women, Where Applicable, And Shall Receive Equal Compensation With Men. 100% Unskilled Labor Force Shall Come From The Barangay Where The Community Project Is Located And Shall Include 35% Women. The Contractor Shall Also Comply With The Rules On Hours And Conditions Of Works, General Health Regulations, And Safety And Health Precautions. 1.16 The Intended Completion Date Is Sixty-six (66) Calendar Days From The Effective Date Of The Contract. 1.21 The Procuring Entity Is Barangay Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental 1.22 The Procuring Entity’s Representative Is Basilia S. Rubio Chairman, Bids And Awards Committee Barangay Boloc-boloc Municipality Of Dauin Negros Oriental Cel. No.: +639617392474 1.23 The Project Site Is Located At Purok 3 & 6, Barangay Boloc-boloc, Dauin, Negros Oriental 1.27 The Start Date Is Seven (7) Calendar Days From The Issuance Of The Notice To Proceed Or As Specified In The Effectivity Date. 1.30 The Works Consist Of Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Manpower Requirements No. Of Personnel Total Experience (years) Same Position In Similar Works (years) Project Manager 1 5 3 Project Engineer 1 5 3 Materials Engineer 1 5 3 Construction Foreman 1 5 3 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 10 The Site Investigation Reports Are: None 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. 21.2 The Arbiter Is: Dswd Kc-cidss Kkb Fo7 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 No Dayworks Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Seven (7) Calendar Days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 10 Calendar Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is 1% Of The Progress Billing. 34.3 The Funding Source Is The Kc-kkb Fy 2023 Gop 37.1 No Further Instructions. 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price. 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.3 No Further Instructions. 42.2 No Further Instructions. 48 No Further Instructions. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is None. The Date By Which “as Built” Drawings Are Required Is Upon Project Completion. 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 Equal To 1% Of The Final Contract Amount. Section Vi. Specifications 71 Section Vii. Drawings Plan Is Available At The Barangay Local Government Unit Of Boloc-boloc, Dauin, Negros Oriental C/o The Head, Bac Secretariat. Section Viii. Bill Of Quantities (columns (1), (2), (3) And (4) Are To Be Filled Up By The Procuring Entity) (columns (5) And (6) Are To Be Filled Up By The Bidder) Pay Item No. Description Unit Quantity Unit Price (pesos) Amount (pesos) (1) (2) (3) (4) (5) (6) A. Mobilization & Demobilization Lot 1.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php B. Clearing And Grubbing (incl. Shouldering) Sq.m. 2,800.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php C. Sub-grade Preparation Sq.m. 2,800.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php D. Aggregate Base Course (incl. Correction & Shouldering) Cu.m 168.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php E. Portland Cement Concrete Pavement Sq.m 2,240.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php F. Material Testing Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php G. Hand Tools And Ppe Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php H. Project Billboard Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php I. Project Marker Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php J. Environmenta L Mitigating Measures Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php T O T A L In Words : In Figures: Php Read And Accepted And Good For Agreement: Name And Signature Of Bidder’s Representative Position Name Of Bidder Date Section Ix. Bidding Forms Table Of Contents Bid Form 77 Form Of Contract Agreement 79 Omnibus Sworn Statement 81 Form Of Bid Date: To: (name Of The Procuring Entity / Office) (address Of The Procuring Entity / Office) We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation On The Bidding Documents (bds), Including Supplemental Bid/bulletins (addenda), For The Above- Stated Contract; (b) We Offer To Execute The Works For This Contract In Accordance With The Said Bds, Including The Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein; (c) We Present Our Bid To Execute The Works, Consisting Of Our Technical Proposal (annex “a”) And Our Financial Proposal (annex “b”); (d) Our Technical Proposal Includes The Following Required Documents: 1 Eligibility Requirements Under Section 23.3 Of Irr. 2 Bid Security In The Prescribed Form, Amount And Validity Period; 3 Project Requirements, Which Shall Include The Following: 3.1 Organizational Chart For The Contract To Be Bid; 3.2 List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Material Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 3.3 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 4 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In The Form Prescribed By The Gppb As To The Following: 4.1 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; 4.2 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; 4.3 It Is Authorizing The Head Of The Procuring Entity Or His Duly Authorized Representative/s To Verify All The Documents Submitted; 4.4 The Signatory Is The Duly Authorized Representative Of The Prospective Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any All Acts Necessary And/or To Represent The Prospective Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Prospective Bidder Is A Corporation, Partnership Or Joint Venture; 4.5 It Complies With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of R.a. 3019; 4.6 It Complies With The Responsibilities Of A Prospective Or Eligible Bidder Provided In The Pbds; And 4.7 It Complies With Existing Labor Laws And Standards. (e) Our Financial Proposal Includes The Following Required Documents: (1) Form Of Bid (2) Duly Signed Bid Prices In The Bill Of Quantities (3) Duly Signed Detailed Estimates (4) Duly Signed Cash Flow By Quarter And Payment Schedule (f) The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (g) Below, Is: ; P The Discounts We Offer And The Methodology For Their Application For This Contract Are: ; (g) Our Bid Shall Be Valid For A Period Of Days After The Date Fixed For The Opening Of Bids In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted By You At Any Time Before The Expiration Of That Period; (h) If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit, Within Ten (10) Days After Our Receipt Of The Said Notice, (1) To Submit To You The Required Performance Security And Other Documents Prescribed In The Bidding Documents, And (2) To Sign The Contract Agreement; (i) We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And (j) We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. (name And Signature Of The Duly Authorized Bidder’s Representative) (date) (position Of The Duly Authorized Bidder’s Representative) (name Of The Bidder) 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 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. A F F I D A V I T 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 Key Personnel’s Affidavit Of Commitment To Work On The Contract Date Of Issuance Name Of Head Of Procuring Entity Position Name Of Procuring Entity Address Dear Sir/madame: 1. I Confirm That Name Of Contractor Has Engaged My Services For The Position Of In The Above Stated Contract If It Is Awarded To The Contractor. 2. I, Therefore, Commit To Assume The Said Position In The Above Stated Contract Once It Is Awarded To The Contractor, And I Shall Employ The Best Care, Skill, And Ability To Perform The Duties Of Such Position In Accordance With The Conditions Of Contract, Specifications, Drawings, And Other Provisions Of The Contract Agreement. I Am Aware That I Have To Stay In The Jobsite For The Duration Of My Assignment. 3. I Do Not Allow The Use Of My Name To Enable The Contractor To Qualify For The Above Stated Contract Without My Commitment To Assume The Said Position, Since I Understand That To Do So Shall Be A Sufficient Ground For My Disqualification From This Contract And Future Biddings Of The Dpwh. 4. I Submit, And Certify As True And Correct, My Bio-data As Follows: A. Name : B. Date Of Birth : C. Nationality : D. Educational Attainment : E. Specialty : F. Prc License No. And Date : G. Employment Record : Name & Address Of Employer Position From To Total Period Mo./yr. Mo./yr. Yrs. & Mos. H. Work Experience (projects Handled): I. Proj. Name & Location I. Proj. I. Part Of Proj. I I. Start Date Ii. Owner’s Name & Address Description Handled Ii. Compl. Date Iii. My Position Ii. Total Proj. Cost Ii. Cost Of Part Completed Projects: On-going Projects: (use Another Sheet, If Necessary) Very Truly Yours, Name And Signature Of Personnel Noted By: Name And Signature Of Contractor’s Authorized Representative Republic Of The Philippines ) City Of ) Subscribed And Sworn To Before Me This Day Of , 20 At , Affiant Exhibiting To Me His/her Residence Certificate No. Issued At On . Notary Public Doc. No. Until Page No. Ptr No. Book No. Issued At Series No. Issued On Guidelines On The Use Of Bid Securing Declaration (gppb Resolution No. 03-2012, Dated 27 January 2012) 1. Scope And Application These Guidelines Shall Govern The Use Of Bid Securing Declaration As An Additional Form Of Bid Security Under The Implementing Rules And Regulations (irr) Of The Republic Act No. 9184, Otherwise Known As “the Government Procurement Reform Act”. These Guidelines Shall Apply To All Branches, Constitutional Commissions And Offices, Agencies, Departments, Bureaus, Offices And Instrumentalities Of The Government, Including Government-owned And/or Controlled-corporations (“goccs”), Government Financial Institutions (“gfis”), State Universities And Colleges (“sucs”) And Local Government Units (“lgus”). 2. Guiding Principles In Order To Enhance Competition And Bidder’s Participation, Reduce Transactional Costs, And Promote Economy In Procurement Activities Of The Government, The Use Of A Bid Securing Declaration Shall Be An Alternative To The Existing Forms Of Bid Security Under The Irr. The Bidder Shall Have The Option To Use Bid Securing Declaration Or Any Other Bid Security In The Form And Amount Enumerated Under Section 27.2 Of The Irr. 3. Definition 3.1 Bid Securing Declaration Is An Undertaking By A Prospective Bidder, Committing To Pay The Corresponding Fine And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein. 3.2 The Bid Securing Declaration Shall Comply With The Standard Format Attached Hereto As Annex “a” And Shall Be Submitted To The Procuring Entity In The Manner Prescribed Under Sections 25 And 27 Of The Irr. 4. Period Of Effectivity 4.1 The Bid Securing Declaration Shall Be Valid For A Reasonable Period Determined By The Head Of The Procuring Entity Concerned And Indicated In The Bidding Documents, Which In No Case Shall Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids, Unless Duly Extended By The Bidder Upon The Request Of The Head Of The Procuring Entity. 4.2 The Bid Securing Declaration Shall Automatically Expire In The Following Instances: A) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Section 28.2 Of The Irr; B) When All Bidders Are Declared Ineligible Or Post-disqualified And, Upon Receipt Of The Notice Therefore, Either Failed To Timely File A Request For Reconsideration Or Filed A Waiver To Avail Of Said Right; C) When The Bidders Are Declared As The Lowest Calculated And Responsive Bidder/highest Rated And Responsive Bidder, Has Furnished The Performance Security And Signed The Contract. 5. Grounds For Enforcement Of Bid Securing Declaration The Bid Securing Declaration Shall Be Enforced When The Bidder Commits Any Of The Following: A) Withdraws Its Bid During The Period Of Bid Validity Required In The Bidding Documents; Or B) Fails Or Refuses To Accept The Award And Enter Into Contract Or Perform Any And All Acts Necessary To The Execution Of The Contract, In Accordance With The Bidding Documents, After Having Been Duly Notified Of The Acceptance Of Its Bid During The Period Of Bid Validity. 6. Penalties Commission Of Any Of The Acts Mentioned In Section 5 Of These Guidelines Shall Merit The Following Sanctions: A) Penalty Of Automatic Blacklisting For Two (2) Years In All Government Procurement Activities; And B) Payment Of Fine Equivalent To The Amount Subject To The Following Rules: (i) In Case Of Multiple Bidders, The Difference Between The Evaluated Bid Prices Of The Bidder With The Lowest Calculated/highest Rated Bid And The Bidder With The Next Lowest Calculated/highest Rated Bid, And So On. However, As Regards The Bidder With The Highest Calculated/lowest Rated Bid, The Amount Shall Be Based On The Difference Between The Evaluated Bid Price And The Approved Budget For The Contract. (ii) In Case Of A Single Bidder, The Difference Between The Enumerated Bid Price And The Approved Budget For The Contract. 7. Blacklisting Procedure Notwithstanding The Provisions Of The Uniform Guidelines For Blacklisting Of Manufactures, Suppliers, Distributors, Contractors And Consultants, The Following Provisions Shall Govern The Blacklisting For Purposes Of His Guidelines: 7.1. The Procuring Entity Shall Immediately Issue The Blacklisting Order Upon Determination Of The Grounds For Enforcement Of The Bid Securing Declaration Provided In Section 5 Hereof. 7.2. Only In Cases Where The Notice Of Award Is Not In Conformity With The Bidding Documents May The Blacklisted Bidder File A Motion For Reconsideration With The Head Of The Procuring Entity Within Three (3) Calendar Days From Receipt Of The Blacklisting Order. 7.3. The Blacklisted Bidder Shall Only Be Delisted Upon The Expiration Of The Period Of Penalty And Payment Of The Fine. 8. Effectivity These Guidelines Shall Take Effect Immediately After Publication In The Official Gazette Or A Newspaper Of General Nationwide Circulation And Upon Filing With The University Of The Philippines Law Canter Of Three (3) Certified Copies Of These Guidelines. Republic Of The Philippines ) City ) S. S. X X Bid-securing Declaration Invitation To Bid/request For Expression Of Interest No.: (insert Reference Number) To: (insert Name And Address Of The Procuring Entity) I/we , The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any 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, If I/we Have Committed Any Of The Following Actions: (i) Withdrawn My/our Bid During The Period Of Bid Validity Required In The Bidding Documents; Or (ii) Fail Or Refuse To Accept The Award And Enter Into Contract Or Perform Any And All Acts Necessary To The Execution Of The Contract, In Accordance With The Bidding Documents After Having Been Notified Of Your Acceptance Of Our Bid During The Period Of Bid Validity. 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; © I Am/we Are Declared As The Bidder With The Lowest Calculated And Responsive Bid/highest Rated And 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’s Authorized Representative) (insert Signatory’s Legal Capacity) Affiant Subcribed And Sworn To Before Me This Day Of (month) (year) At (place Of Execution), Philippines. Affiant/s Is/ Are Personally Known To Me And Was/were Identified By Me Through Competent Evidenced Of Identity As Defined In The 2004 Rules On Notarial Practice (a. M. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her (insert Type Of Government Identification Card Used), With His/her Photograph And Signature Appearing Thereon, With No. And His/her Community Tax Certificate No. Issued On At . Witness My Hand And Seal This Days (month) (year). Name Of Notary Public Serial No. Of Commission Notary Public For Until Roll Of Attorneys No. Ptr No. (date Issued),(place Issued) Ibp No. (date Issued),(place Issued) Contract Name: Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Location Of The Project: Boloc-boloc, Dauin, Negros Oriental Republic Of The Philippines Barangay Boloc-boloc Municipality Of Dauin Province Of Negros Oriental List Of Equipment For The Contract Description No. Of Unit/s Model/ Year Manufactured Capacity/ Performance Size Plate No. Motor No./body No. Specific Location Condition Proof Of Ownership/ Lessor Or Vendor A. Owned B. Leased C. Under Purchase Agreements Failure Of The Prospective Bidder To State A Complete Technical Description Of The Pledged Equipment And The Specific Location, Whether Owned, Leased Or Under Purchased Agreement Shall Result In The Bidder’s Automatic Post-qualification For Award Of The Contract And Forfeiture Of Its Bid Security. (name/signature Of Bidder’s Representative) (name Of Bidder) (date) Contract Name: Concreting Of Purok3 & 6 Access Road At Brgy. Baloc- Boloc Location Of The Project: Brgy. Boloc-boloc Conflict Of Interest Republic Of The Philippines) ) S.s. I, , Of Legal Age, Married, Filipino And Residing At , Philippines, After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And Say That: 1. I Am The Duly Authorized Representative/proprietor Of With Office Address At ; 2. I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent In The Bidding As Shown In The Attached Authority Of Signing Official Duly Notarized; 3. Has No Controlling Shareholders In Common With Another Bidder; 4. Did Not Receive Any Direct Or Indirect Subsidy From Any Other Bidder; 5. Do Not Have The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; 6. Has No Relationship, Directly Or Through Third Parties, That Puts Us In A Position To Have Access To Information About Of Influence On The Bid Of Another Bidder Or Influence The Decision 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; 7. Did Not Submit More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; 8. Did Not Participate 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 9. Did Not Lend 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. In Witness Whereof, I Have Hereunto Set My Hand This Day Of , 20 At , Philippines. Proprietor Acknowledgement Subscribed And Sworn To Before Me This Day Of 20 , Affiant Exhibiting His/her Community Tax Certificate No. Issued On At . Notary Public Doc. No. Page No. Book No. Series Of 2013 Blgu – Boloc-boloc, Dauin, Negros Oriental Contract Name: Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Location Of The Project: Boloc-boloc, Dauin, Negros Oriental Cash Flow By Month And Payment Schedule Calendar Year 2015 Particular Project Duration Accomplishment (%wt.) Cash Flow (pesos) Cumulative Accomplishment (%) Cumulative Cash Flow (pesos) Submitted By: (name/signature Of Bidder’s Authorized Representative) (position) (name Of Bidder) Contract Name: Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Location Of The Project: Boloc-boloc, Dauin, Negros Oriental Bidder: Checklist Of Bid Requirements First Envelope: Abc - - Required Bid Security Forms: A. Cash, Cashier’s/manager’s Check, Bank Draft / Guarantee, Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank (if Issued By A Foreign Bank It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. 2% Of Abc P 200,000.00 B. Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. 5% Of Abc P 500,000.00 C. Any Combination Of The Foregoing. Proportionate To Share Of From With Respect To Total Amount Of Security. D. A Bidder May Submit A Bid Securing Declaration Of Undertaking (gppb Res. No. 03-2012, Dated 27 January 2012) Guidelines On The Use Of Bid Securing Declaration Is Attached In Section Ix- Bidding Forms. Validity Period 120 Calendar Days From Opening Of Bid (maximum) Form Of Bid Security Company Number Official Receipt No. Validity Period Callable On Demand Bid Security Amount ( ) Sufficient ( ) Insufficient Total Amount Of Bid Manual Evaluation (√ Present ; X Absent) (initail) Legal Documents I. Registration Certificate From Sec, Dti For Sole Proprietorship, Or Cda For Cooperatives Or Any Proof 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. Tax Clearance 2020 Technical Documents Iii. Statement Of All Its On-going And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid. Iv. A Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid. Financial Documents 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 Class “b” Documents Vii. If Applicable, Valid 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. 2. Bid Security In The Prescribed Form, Amount And Validity Period Or Bid Securing Declaration Of Undertaking. (initial) Note: Any Missing, Incomplete Or Patently Insufficient Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Remarks: ( ) Complying/passed ( ) Non-complying/failed Contract Name: Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Location Of The Project: Boloc-boloc, Dauin, Negros Oriental Bidder: Checklist Of Bid Requirements Second Envelope: 1 Financial Bid Form In Accordance With The Form Prescribed In Section Ix, Bidding Forms 2 Bid Prices In The Bill Of Quantities 3 Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid; 4 Quarter/ Monthly Cash Flow And Payment Schedule (initial) Note: Any Missing, Incomplete Or Patently Insufficient Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Remarks: ( ) Complying/ Passed ( ) Non-complying / Failed Contract Name: Concreting Of Purok 3 & 6 Access Road At Barangay Boloc-boloc Location Of The Project: Boloc-boloc, Dauin, Negros Oriental - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Summary Of Equipment Rental Rates Description Daily Rates Summary Of Labor Rates Description Daily Rates Summary Of Material Cost Description Cost Per Unit Approved By: Hon. Reno Y. Truita Head Of Procuring Entity

Details: Description Republic Of The Philippines Province Of Negros Oriental Municipality Of Dauin Barangay Casile Bidding Documents For Concreting Of Purok 1b Access Road At Barangay Casile Pr No.: Works - (2024-01-001) Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 30 Section Iv. General Conditions Of Contract 36 Section V. Special Conditions Of Contract 68 Section Vi. Specifications 71 Section Vii. Drawings 72 Section Viii. Bill Of Quantities 73 Section Ix. Bidding Forms 76 Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Sections 21.2.2 Of The Irr Of R.a. 9184; (b) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website And The Website Of The Procuring Entity Concerned, If Available, For A Minimum Period Of Seven (7) Calendar Days Starting On The Date Of Advertisement; And (c) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned For A Minimum Period Of Seven (7) Calendar Days, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned. Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bid Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids. (b) The Place Where The Bidding Documents May Be Purchased Or The Website Where It May Be Downloaded. (c) The Deadline For The Submission And Receipt Of Bids From The Last Day Of Posting Of The Invitation To Bid; And (d) Any Important Bid Evaluation Criteria. The Invitation To Bid Should Be Incorporated Into The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. Invitation To Bid Contract Name : Concreting Of Purok 1b Access Road At Barangay Casile Contract Location : Purok 1b, Barangay Casile, Dauin, Neg. Or. Brief Description/scope Of Work : Pathway Concreting Of 0.225 Km. X 5.0m X 0.15m And Road Shouldering Of 0.5m Both Side With Clearing & Grubbing, Sub-grade Preparation, Aggregate Base Course, And Portland Cement Concrete Pavement Including Hand Tools/protective Equipment, Project Billboard, Project Marker, Environmental Mitigating Measures, & Material Testing. Approved Budget For The Contract (abc) : Php 2,471,542.00 Contract Duration : 45 Calendar Days Cost Of Bidding Documents : Php 5,000.00 1. The Barangay Local Government Unit Of Casile, Dauin, Negros Oriental, Through The Kapit-bisig Laban Sa Kahirapan-comprehensive And Integrated Delivery Of Social Services (kalahi-cidss) Kapangyarihan At Kaunlaran Sa Barangay (kkb) Fy 2023 Government Of The Philippines (gop) Intends To Apply The Sum Above Stated Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Above-mentioned Contract. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Barangay Local Government Unit Of Casile, Dauin, Negros Oriental, Now Invites Bids For The Above-mentioned Description Of Works. Completion Of The Works Is Required For The Above Stated Contract Duration. Bidders Should Have Completed At Least One (1) Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly In Section Ii, Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non- Discretionary Pass/fail Criterion In The Eligibility Check And Preliminary Examination Of Bids 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, Organizations Or Joint Venture 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 Barangay Local Government Unit Of Casile, Dauin, Negros Oriental And Inspect The Bidding Documents At The Address Given Below During Office Hours 5. 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 Stated Above. 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 Than The Submission Of Their Bids. The Significant Date And Time Of Procurement Activities Are Shown Below: Procurement Activity D A T E / T I M E 1. Advertisement January 10, 2024 – January 17, 2024 2. Pre-bid Conference January 18, 2024 @ 9:00 A.m. 3. Submission Of Bids January 30, 2024 @ 9:00 A.m. 6. Pre-bid Conference Will Be Held At Barangay Session Hall, Barangay Casile, Dauin, Negros Oriental. Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 7. Bids Must Be Delivered At Casile, Dauin, Negros Oriental. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18, Or A Bid Securing Declaration As An Additional Form Of Bid Security, Pursuant To Gppb Resolution No. 03-2012. Bids Will Be Opened In The Presence Of The Bidders' Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. To Bid For This Contract, A Contractor Must Submit A Net Financial Contracting Capacity (nfcc) At Least Equal To Abc And The Original Receipt (or) For Payment Of Bidding Documents Before Dropping Of Bids. Bidders Shall Likewise Submit Their Bids Through Their Duly Authorized Liaison Officers Only As Specified In The Contractor’s Information (ci). Submission Of Letter Of Intent (loi) Is No Longer Required To Participate In The Bidding, Pursuant To Dpwh D.o. No. 64, Series Of 2012 And Per Dpwh Dept. Memo Dtd. 17 Dec. 2012, Lifting The Deferment In The Implementation Of Section C.3 Of D.o. No. 64, Series Of 2012. 9. The Local Government Unit Of Casile, Dauin, Negros Oriental Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 10. For Further Information, Please Refer To: Hon. Rico A. Daham Office Of The Bids And Awards Committee Barangay Casile, Dauin, Negros Oriental +639073605393 Hon. Rico A. Daham Bac Chairman Section Ii. Instructions To Bidders Table Of Contents A. General 7 1. Scope Of Bid 7 2. Source Of Funds 7 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 7 4. Conflict Of Interest 8 5. Eligible Bidders 10 6. Bidder’s Responsibilities 11 7. Origin Of Goods And Services 13 8. Subcontracts 13 B. Contents Of Bidding Documents 13 9. Pre-bid Conference 13 10. Clarification And Amendment Of Bidding Documents 13 C. Preparation Of Bids 14 11. Language Of Bids 14 12. Documents Comprising The Bid: Eligibility And Technical Components 14 13. Documents Comprising The Bid: Financial Component 16 14. Alternative Bids 17 15. Bid Prices 17 16. Bid Currencies 18 17. Bid Validity 18 18. Bid Security 18 19. Format And Signing Of Bids 20 20. Sealing And Marking Of Bids 20 D. Submission And Opening Of Bids 21 21. Deadline For Submission Of Bids 21 22. Late Bids 21 23. Modification And Withdrawal Of Bids 21 24. Opening And Preliminary Examination Of Bids 22 E. Evaluation And Comparison Of Bids 23 25. Process To Be Confidential 23 26. Clarification Of Bids 23 27. Detailed Evaluation And Comparison Of Bids 23 28. Post Qualification 24 29. Reservation Clause 25 F. Award Of Contract 27 30. Contract Award 27 31. Signing Of The Contract 27 32. Performance Security 28 33. Notice To Proceed 29 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non- Competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 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. Unless Otherwise Provided In The Bds, The Bidder Must Have Completed At Least One Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The National Statistics Office Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc). 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. 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. 6.2. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site And Determined The General Characteristics Of The Contract Works And The Conditions For This Project. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.3. 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. 6.4. 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. 6.5. 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. 6.6. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids 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, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) 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 In Accordance With Itb Clause 5.5; And (vii) Tax Clearance Per Executive Order 398, Series Of 2005, As Finally Reviewed And Approved By The Bir. Class "b" Document: (viii) 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 Required In The Bds. 13.2. Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. 6the Bid Security, Issued In Favor Of The Procuring Entity, In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Two Percent (2%) 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; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 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. 19.1. Forms As Mentioned In Itb Clause 0 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.2. 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. 19.3. 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. 19.4. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. - Technical Component” And “copy No. – Financial Component” And The Outer Envelope As “copy No. ”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 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. Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (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 Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above- Mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 27.5. Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 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) Latest Income And Business Tax Returns In The Form Specified In The Bds; (b) Certificate Of Philgeps Registration; And (c) 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 In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 32.3. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The 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. 33. Notice To Proceed 33.1. 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. 33.2. The Date Of The Bidder’s Receipt Of The Notice To Proceed Will Be Regarded As The Effective Date Of The Contract, Unless Otherwise Specified In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Barangay Local Government Unit Of Casile, Dauin, Negros Oriental. The Name Of The Contract Is Concreting Of Purok 1b Access Road At Barangay Casile The Scope Of Work Under This Contract Is Pathway Concreting Of 0.225 Km. X 5.0m X 0.15m And Road Shouldering Of 0.5m Both Side With Clearing & Grubbing, Sub-grade Preparation, Aggregate Base Course, And Portland Cement Concrete Pavement Including Hand Tools/protective Equipment, Project Billboard, Project Marker, Environmental Mitigating Measures, & Material Testing. 1.2 The Contract Duration Is : 45 Calendar Days The Intended Completion Date Is: 45 Calendar Days From The Effectivity Date Of The Contract. 2 The Funding Source Is The Fy 2023 Through: Kapit-bisig Laban Sa Kahirapan-comprehensive And Integrated Delivery Of Social Services(kalahi-cidss) Kapangyarihan At Kaunlaran Sa Barangay (kkb) Government Of The Philippines(gop). The Approved Budget For The Contract (abc) Is: Two Million Four Hundred Seventy One Thousand Five Hundred Forty Two Pesos Only (php 2,471,542.00). Tr All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand. A Bidder May Be Considered To Have Conflicting Interest With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (g) As Stated In Itb Clause 4.1 Particularly Paragraph (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. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Bidder Must Have Completed At Least One (1) Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.5 No Further Instructions. 6.2 No Further Instructions. 7 No Further Instructions. 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 18, 2024 At 9:00 A.m. At The Barangay Session Hall, Casile, Dauin, Negros Oriental. 10.1 The Procuring Entity’s Address Is: Hon. Rico A. Daham Bac Chairman Barangay Casile Municipality Of Dauin Province Of Negros Oriental Cellphone No.: +639073605393 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Procuring Entity, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b) (ii) (ii.2) Personnel Capabilities The Key Personnel Should Meet The Following Number Of Years’ Work Experience. The Experience Means Total Years Of Civil Works Experience (of Any Nature In Construction And Engineering Consultancy Services) Except For Materials & Quality Control Engineer “same Position In Similar Works” Covers Overall Work Experience For The Designated. That Key Personnel Can Be Pulled Out/substituted From An On-going Project Under The Conditions Set In D.o. No. 09, S. 2012, Technical Requirements For Civil Works Projects For Public Bidding, Which States, Among Others: If A Proposed Key Technical Personnel Is An Employee Of The Bidder And Working On Another Project At The Same Time Of The Bidding, The Bidder Shall Submit A Certification That (1) The Personnel Will Be Pulled-out From The On-going Project Once The Bidder Is Awarded The Contract, And (2) He/she Will Be Replaced With Another Person With Equal Of Better Qualifications, As Certified By The Head Of The Implementing Office. The Bidder May Propose A Key Technical Personnel Who Is Not Its Employee Provided That The Said Personnel Is Required To Submit A Certification That He/she Will Work For The Bidder If It Is Awarded The Contract Under Bidding. These Certifications Shall Be Included In The First Envelope Of The Sealed Bid. 12.1(b)(ii) (ii.3) Minimum Equipment Requirements For The Project Plant/equipment/capacity No. Of Units Dump Truck 1 Transit Mixer 1 Concrete Vibrator 1 Batching Plant 1 Pay Loader 1 Concrete Screeder 1 Concrete Saw 1 Bar Cutter 1 Road Grader 1 Road Roller 1 Water Truck 1 Backhoe 1 Various Carpentry & Masonry Tools 1 The Bidder Shall State In Their Bids A Complete Technical Description Of Their Pledge Equipment, Whether Owned Or Leased, Such As But Not Limited To The Engine Number, Year Model, Chassis Number, Plate Number And Capacity Including The Particular Place Or Site Where The Equipment Are Located. Attached Is The Sample Form “annex B” (list Of Equipment Pledge To The Contract) In Section Ix-bidding Forms, To Be Filled Up By The Bidders During The Preparation Of Bids Per D.o. Nos. 58 & 09, Series Of 2012. The Proof Of Ownership Of Equipment Requirements Are Copies Of Official Receipt (or) And Certificate Of Registration (cr) Of The Equipment Which Should Be Attached Together With The Notarized Affidavit Of Ownership. In Case Of Leased Equipment, A Lease Contract Or Affidavit Of Commitment Should Be Submitted With The Lessor/owner As The Pledge Or Of The Equipment, Stating Therein That The Equipment Will Be Available For The Whole Duration Of The Project. 13.1 “no Additional Requirements” 13.2 The Approved Budget For The Contract (abc) Is Php 2,471,542.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non- Responsive And Shall Be Rejected. 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. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Cal. Days From The Date Of Opening Of Bids. 18.1 The Bid Security Shall Be In The Following Amount: 1. Php 24,200.00, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. Php 60,500.00, If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. A Bidder May Submit A Bid Securing Declaration As An Additional Form Of Bid Security, That Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Required Performance Security Within Ten (10) Calendar Days, Or Less From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated In The Guidelines Issued By The Gppb, Resolution No. 03- 2012, Dated 27 January 2012, Attached In Section Ix-bidding Forms (guidelines On The Use Of Bid Securing Declaration). 18.2 The Bid Security Shall Be Valid Until 120 Cal Days From The Opening Of Bids 18.5(a)(iv) Include The Following As Additional Grounds Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post- Qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 No Further Instructions. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Hon. Rico A. Daham Chairman, Bids And Awards Committee Barangay Casile Municipality Of Dauin Negros Oriental The Deadline For Submission Of Bids Is January 30, 2024 At 9:00 A.m. 24.1 The Place Of Bid Opening Is. Barangay Session Hall, Barangay Casile, Dauin, Negros Oriental The Date And Time Of Bid Opening Is: January 30, 2024 At 9:00 A.m. Or Immediately After The Deadline For Submission Of Bids. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(a) Bidders Have The 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. 31.4(g) List Of 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: 10% Of Total Contract Price, If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 1. 30 % To Total Contract Price, If Performance Security Is In Surety Bond; Or 2. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security 33.2 The Effective Date Of The Contract Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 39 2. Interpretation 41 3. Governing Language And Law 41 4. Communications 41 5. Possession Of Site 42 6. The Contractor’s Obligations 42 7. Performance Security 43 8. Subcontracting 44 9. Liquidated Damages 44 10. Site Investigation Reports 45 11. The Procuring Entity, Licenses And Permits 45 12. Contractor’s Risk And Warranty Security 45 13. Liability Of The Contractor 47 14. Procuring Entity’s Risk 47 15. Insurance 48 16. Termination For Default Of Contractor 49 17. Termination For Default Of Procuring Entity 50 18. Termination For Other Causes 50 19. Procedures For Termination Of Contracts 52 20. Force Majeure, Release From Performance 54 21. Resolution Of Disputes 55 22. Suspension Of Loan, Credit, Grant, Or Appropriation 55 23. Procuring Entity’s Representative’s Decisions 56 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 56 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 56 26. Extension Of The Intended Completion Date 56 27. Right To Vary 57 28. Contractors Right To Claim 57 29. Dayworks 57 30. Early Warning 57 31. Program Of Work 58 32. Management Conferences 58 33. Bill Of Quantities 59 34. Instructions, Inspections And Audits 59 35. Identifying Defects 59 36. Cost Of Repairs 60 37. Correction Of Defects 60 38. Uncorrected Defects 60 39. Advance Payment 60 40. Progress Payments 61 41. Payment Certificates 62 42. Retention 62 43. Variation Orders 63 44. Contract Completion 64 45. Suspension Of Work 64 46. Payment On Termination 65 47. Extension Of Contract Time 66 48. Price Adjustment 67 49. Completion 67 50. Taking Over 67 51. Operating And Maintenance Manuals 67 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. 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. Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time 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. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.1. 10. Site 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 Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non– Compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty 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 Ten Percent (10%) Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (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 17.1. The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 3.1(a); (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Constructor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity’s 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For 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. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. 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. Contractors Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management 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 Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting 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. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefor. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment 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 Unless Otherwise Specified In The Scc. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 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 Special Conditions Of Contract Gcc Clause 1 Employment Of Skilled And Unskilled Local Labor Shall Include Women, Where Applicable, And Shall Receive Equal Compensation With Men. 100% Unskilled Labor Force Shall Come From The Barangay Where The Community Project Is Located And Shall Include 35% Women. The Contractor Shall Also Comply With The Rules On Hours And Conditions Of Works, General Health Regulations, And Safety And Health Precautions. 1.16 The Intended Completion Date Is Forty Five (45) Calendar Days From The Effective Date Of The Contract. 1.21 The Procuring Entity Is Barangay Local Government Unit Of Casile, Dauin, Negros Oriental 1.22 The Procuring Entity’s Representative Is Hon. Rico A. Daham Chairman, Bids And Awards Committee Barangay Casile Municipality Of Dauin Negros Oriental Cel. No.: +639073605393 1.23 The Project Site Is Located At Purok 1b, Barangay Casile, Dauin, Negros Oriental 1.27 The Start Date Is Seven (7) Calendar Days From The Issuance Of The Notice To Proceed Or As Specified In The Effectivity Date. 1.30 The Works Consist Of Concreting Of Purok 1b Access Road At Barangay Casile 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Manpower Requirements No. Of Personnel Total Experience (years) Same Position In Similar Works (years) Project Manager 1 5 3 Project Engineer 1 5 3 Materials Engineer 1 5 3 Construction Foreman 1 5 3 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 10 The Site Investigation Reports Are: None 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. 21.2 The Arbiter Is: Dswd Kc-cidss Kbb Fo7 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 No Dayworks Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Seven (7) Calendar Days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 10 Calendar Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is 1% Of The Progress Billing. 34.3 The Funding Source Is The Kc-kkb Fy 2023 Gop 37.1 No Further Instructions. 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price. 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.3 No Further Instructions. 42.2 No Further Instructions. 48 No Further Instructions. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is None. The Date By Which “as Built” Drawings Are Required Is Upon Project Completion. 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 Equal To 1% Of The Final Contract Amount. Section Vi. Specifications 71 Section Vii. Drawings Plan Is Available At The Barangay Local Government Unit Of Casile, Dauin, Negros Oriental C/o The Head, Bac Secretariat. Section Viii. Bill Of Quantities (columns (1), (2), (3) And (4) Are To Be Filled Up By The Procuring Entity) (columns (5) And (6) Are To Be Filled Up By The Bidder) Pay Item No. Description Unit Quantity Unit Price (pesos) Amount (pesos) (1) (2) (3) (4) (5) (6) A. Mobilization & Demobilization Lot 1.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php B. Clearing And Grubbing (incl. Shouldering) Sq.m. 1,350.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php C. Sub-grade Preparation Sq.m. 1,350.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php D. Aggregate Base Course (incl. Correction & Shouldering) Cu.m 84.38 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php E. Portland Cement Concrete Pavement Sq.m 1,125.00 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php F. Material Testing Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php G. Hand Tools And Ppe Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php H. Project Billboard Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php I. Project Marker Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php J. Environmenta L Mitigating Measures Lot 1 In Words : Pesos In Figures: Php In Words : Pesos In Figures: Php T O T A L In Words : In Figures: Php Read And Accepted And Good For Agreement: Name And Signature Of Bidder’s Representative Position Name Of Bidder Date Section Ix. Bidding Forms Table Of Contents Bid Form 77 Form Of Contract Agreement 79 Omnibus Sworn Statement 81 Form Of Bid Date: To: (name Of The Procuring Entity / Office) (address Of The Procuring Entity / Office) We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation On The Bidding Documents (bds), Including Supplemental Bid/bulletins (addenda), For The Above- Stated Contract; (b) We Offer To Execute The Works For This Contract In Accordance With The Said Bds, Including The Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein; (c) We Present Our Bid To Execute The Works, Consisting Of Our Technical Proposal (annex “a”) And Our Financial Proposal (annex “b”); (d) Our Technical Proposal Includes The Following Required Documents: 1 Eligibility Requirements Under Section 23.3 Of Irr. 2 Bid Security In The Prescribed Form, Amount And Validity Period; 3 Project Requirements, Which Shall Include The Following: 3.1 Organizational Chart For The Contract To Be Bid; 3.2 List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Material Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 3.3 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 4 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In The Form Prescribed By The Gppb As To The Following: 4.1 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; 4.2 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; 4.3 It Is Authorizing The Head Of The Procuring Entity Or His Duly Authorized Representative/s To Verify All The Documents Submitted; 4.4 The Signatory Is The Duly Authorized Representative Of The Prospective Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any All Acts Necessary And/or To Represent The Prospective Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Prospective Bidder Is A Corporation, Partnership Or Joint Venture; 4.5 It Complies With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of R.a. 3019; 4.6 It Complies With The Responsibilities Of A Prospective Or Eligible Bidder Provided In The Pbds; And 4.7 It Complies With Existing Labor Laws And Standards. (e) Our Financial Proposal Includes The Following Required Documents: (1) Form Of Bid (2) Duly Signed Bid Prices In The Bill Of Quantities (3) Duly Signed Detailed Estimates (4) Duly Signed Cash Flow By Quarter And Payment Schedule (f) The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (g) Below, Is: ; P The Discounts We Offer And The Methodology For Their Application For This Contract Are: ; (g) Our Bid Shall Be Valid For A Period Of Days After The Date Fixed For The Opening Of Bids In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted By You At Any Time Before The Expiration Of That Period; (h) If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit, Within Ten (10) Days After Our Receipt Of The Said Notice, (1) To Submit To You The Required Performance Security And Other Documents Prescribed In The Bidding Documents, And (2) To Sign The Contract Agreement; (i) We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And (j) We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. (name And Signature Of The Duly Authorized Bidder’s Representative) (date) (position Of The Duly Authorized Bidder’s Representative) (name Of The Bidder) 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 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. A F F I D A V I T 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 Key Personnel’s Affidavit Of Commitment To Work On The Contract Date Of Issuance Name Of Head Of Procuring Entity Position Name Of Procuring Entity Address Dear Sir/madame: 1. I Confirm That Name Of Contractor Has Engaged My Services For The Position Of In The Above Stated Contract If It Is Awarded To The Contractor. 2. I, Therefore, Commit To Assume The Said Position In The Above Stated Contract Once It Is Awarded To The Contractor, And I Shall Employ The Best Care, Skill, And Ability To Perform The Duties Of Such Position In Accordance With The Conditions Of Contract, Specifications, Drawings, And Other Provisions Of The Contract Agreement. I Am Aware That I Have To Stay In The Jobsite For The Duration Of My Assignment. 3. I Do Not Allow The Use Of My Name To Enable The Contractor To Qualify For The Above Stated Contract Without My Commitment To Assume The Said Position, Since I Understand That To Do So Shall Be A Sufficient Ground For My Disqualification From This Contract And Future Biddings Of The Dpwh. 4. I Submit, And Certify As True And Correct, My Bio-data As Follows: A. Name : B. Date Of Birth : C. Nationality : D. Educational Attainment : E. Specialty : F. Prc License No. And Date : G. Employment Record : Name & Address Of Employer Position From To Total Period Mo./yr. Mo./yr. Yrs. & Mos. H. Work Experience (projects Handled): I. Proj. Name & Location I. Proj. I. Part Of Proj. I I. Start Date Ii. Owner’s Name & Address Description Handled Ii. Compl. Date Iii. My Position Ii. Total Proj. Cost Ii. Cost Of Part Completed Projects: On-going Projects: (use Another Sheet, If Necessary) Very Truly Yours, Name And Signature Of Personnel Noted By: Name And Signature Of Contractor’s Authorized Representative Republic Of The Philippines ) City Of ) Subscribed And Sworn To Before Me This Day Of , 20 At , Affiant Exhibiting To Me His/her Residence Certificate No. Issued At On . Notary Public Doc. No. Until Page No. Ptr No. Book No. Issued At Series No. Issued On Guidelines On The Use Of Bid Securing Declaration (gppb Resolution No. 03-2012, Dated 27 January 2012) 1. Scope And Application These Guidelines Shall Govern The Use Of Bid Securing Declaration As An Additional Form Of Bid Security Under The Implementing Rules And Regulations (irr) Of The Republic Act No. 9184, Otherwise Known As “the Government Procurement Reform Act”. These Guidelines Shall Apply To All Branches, Constitutional Commissions And Offices, Agencies, Departments, Bureaus, Offices And Instrumentalities Of The Government, Including Government-owned And/or Controlled-corporations (“goccs”), Government Financial Institutions (“gfis”), State Universities And Colleges (“sucs”) And Local Government Units (“lgus”). 2. Guiding Principles In Order To Enhance Competition And Bidder’s Participation, Reduce Transactional Costs, And Promote Economy In Procurement Activities Of The Government, The Use Of A Bid Securing Declaration Shall Be An Alternative To The Existing Forms Of Bid Security Under The Irr. The Bidder Shall Have The Option To Use Bid Securing Declaration Or Any Other Bid Security In The Form And Amount Enumerated Under Section 27.2 Of The Irr. 3. Definition 3.1 Bid Securing Declaration Is An Undertaking By A Prospective Bidder, Committing To Pay The Corresponding Fine And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein. 3.2 The Bid Securing Declaration Shall Comply With The Standard Format Attached Hereto As Annex “a” And Shall Be Submitted To The Procuring Entity In The Manner Prescribed Under Sections 25 And 27 Of The Irr. 4. Period Of Effectivity 4.1 The Bid Securing Declaration Shall Be Valid For A Reasonable Period Determined By The Head Of The Procuring Entity Concerned And Indicated In The Bidding Documents, Which In No Case Shall Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids, Unless Duly Extended By The Bidder Upon The Request Of The Head Of The Procuring Entity. 4.2 The Bid Securing Declaration Shall Automatically Expire In The Following Instances: A) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Section 28.2 Of The Irr; B) When All Bidders Are Declared Ineligible Or Post-disqualified And, Upon Receipt Of The Notice Therefore, Either Failed To Timely File A Request For Reconsideration Or Filed A Waiver To Avail Of Said Right; C) When The Bidders Are Declared As The Lowest Calculated And Responsive Bidder/highest Rated And Responsive Bidder, Has Furnished The Performance Security And Signed The Contract. 5. Grounds For Enforcement Of Bid Securing Declaration The Bid Securing Declaration Shall Be Enforced When The Bidder Commits Any Of The Following: A) Withdraws Its Bid During The Period Of Bid Validity Required In The Bidding Documents; Or B) Fails Or Refuses To Accept The Award And Enter Into Contract Or Perform Any And All Acts Necessary To The Execution Of The Contract, In Accordance With The Bidding Documents, After Having Been Duly Notified Of The Acceptance Of Its Bid During The Period Of Bid Validity. 6. Penalties Commission Of Any Of The Acts Mentioned In Section 5 Of These Guidelines Shall Merit The Following Sanctions: A) Penalty Of Automatic Blacklisting For Two (2) Years In All Government Procurement Activities; And B) Payment Of Fine Equivalent To The Amount Subject To The Following Rules: (i) In Case Of Multiple Bidders, The Difference Between The Evaluated Bid Prices Of The Bidder With The Lowest Calculated/highest Rated Bid And The Bidder With The Next Lowest Calculated/highest Rated Bid, And So On. However, As Regards The Bidder With The Highest Calculated/lowest Rated Bid, The Amount Shall Be Based On The Difference Between The Evaluated Bid Price And The Approved Budget For The Contract. (ii) In Case Of A Single Bidder, The Difference Between The Enumerated Bid Price And The Approved Budget For The Contract. 7. Blacklisting Procedure Notwithstanding The Provisions Of The Uniform Guidelines For Blacklisting Of Manufactures, Suppliers, Distributors, Contractors And Consultants, The Following Provisions Shall Govern The Blacklisting For Purposes Of His Guidelines: 7.1. The Procuring Entity Shall Immediately Issue The Blacklisting Order Upon Determination Of The Grounds For Enforcement Of The Bid Securing Declaration Provided In Section 5 Hereof. 7.2. Only In Cases Where The Notice Of Award Is Not In Conformity With The Bidding Documents May The Blacklisted Bidder File A Motion For Reconsideration With The Head Of The Procuring Entity Within Three (3) Calendar Days From Receipt Of The Blacklisting Order. 7.3. The Blacklisted Bidder Shall Only Be Delisted Upon The Expiration Of The Period Of Penalty And Payment Of The Fine. 8. Effectivity These Guidelines Shall Take Effect Immediately After Publication In The Official Gazette Or A Newspaper Of General Nationwide Circulation And Upon Filing With The University Of The Philippines Law Canter Of Three (3) Certified Copies Of These Guidelines. Republic Of The Philippines ) City ) S. S. X X Bid-securing Declaration Invitation To Bid/request For Expression Of Interest No.: (insert Reference Number) To: (insert Name And Address Of The Procuring Entity) I/we , The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any 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, If I/we Have Committed Any Of The Following Actions: (i) Withdrawn My/our Bid During The Period Of Bid Validity Required In The Bidding Documents; Or (ii) Fail Or Refuse To Accept The Award And Enter Into Contract Or Perform Any And All Acts Necessary To The Execution Of The Contract, In Accordance With The Bidding Documents After Having Been Notified Of Your Acceptance Of Our Bid During The Period Of Bid Validity. 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; © I Am/we Are Declared As The Bidder With The Lowest Calculated And Responsive Bid/highest Rated And 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’s Authorized Representative) (insert Signatory’s Legal Capacity) Affiant Subcribed And Sworn To Before Me This Day Of (month) (year) At (place Of Execution), Philippines. Affiant/s Is/ Are Personally Known To Me And Was/were Identified By Me Through Competent Evidenced Of Identity As Defined In The 2004 Rules On Notarial Practice (a. M. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her (insert Type Of Government Identification Card Used), With His/her Photograph And Signature Appearing Thereon, With No. And His/her Community Tax Certificate No. Issued On At . Witness My Hand And Seal This Days (month) (year). Name Of Notary Public Serial No. Of Commission Notary Public For Until Roll Of Attorneys No. Ptr No. (date Issued),(place Issued) Ibp No. (date Issued),(place Issued) Contract Name: Concreting Of Purok 1b Access Road At Barangay Casile Location Of The Project: Casile, Dauin, Negros Oriental Republic Of The Philippines Barangay Casile Municipality Of Dauin Province Of Negros Oriental List Of Equipment For The Contract Description No. Of Unit/s Model/ Year Manufactured Capacity/ Performance Size Plate No. Motor No./body No. Specific Location Condition Proof Of Ownership/ Lessor Or Vendor A. Owned B. Leased C. Under Purchase Agreements Failure Of The Prospective Bidder To State A Complete Technical Description Of The Pledged Equipment And The Specific Location, Whether Owned, Leased Or Under Purchased Agreement Shall Result In The Bidder’s Automatic Post-qualification For Award Of The Contract And Forfeiture Of Its Bid Security. (name/signature Of Bidder’s Representative) (name Of Bidder) (date) Contract Name: Concreting Of Local Access Road With Drainage System Location Of The Project: Poblacion, Alicia, Bohol Conflict Of Interest Republic Of The Philippines) ) S.s. I, , Of Legal Age, Married, Filipino And Residing At , Philippines, After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And Say That: 1. I Am The Duly Authorized Representative/proprietor Of With Office Address At ; 2. I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent In The Bidding As Shown In The Attached Authority Of Signing Official Duly Notarized; 3. Has No Controlling Shareholders In Common With Another Bidder; 4. Did Not Receive Any Direct Or Indirect Subsidy From Any Other Bidder; 5. Do Not Have The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; 6. Has No Relationship, Directly Or Through Third Parties, That Puts Us In A Position To Have Access To Information About Of Influence On The Bid Of Another Bidder Or Influence The Decision 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; 7. Did Not Submit More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; 8. Did Not Participate 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 9. Did Not Lend 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. In Witness Whereof, I Have Hereunto Set My Hand This Day Of , 20 At , Philippines. Proprietor Acknowledgement Subscribed And Sworn To Before Me This Day Of 20 , Affiant Exhibiting His/her Community Tax Certificate No. Issued On At . Notary Public Doc. No. Page No. Book No. Series Of 2013 Blgu – Casile, Dauin, Negros Oriental Contract Name: Concreting Of Purok 1b Access Road At Barangay Casile Location Of The Project: Casile, Dauin, Negros Oriental Cash Flow By Month And Payment Schedule Calendar Year 2015 Particular Project Duration Accomplishment (%wt.) Cash Flow (pesos) Cumulative Accomplishment (%) Cumulative Cash Flow (pesos) Submitted By: (name/signature Of Bidder’s Authorized Representative) (position) (name Of Bidder) Contract Name: Concreting Of Purok 1b Access Road At Barangay Casile Location Of The Project: Casile, Dauin, Negros Oriental Bidder: Checklist Of Bid Requirements First Envelope: Abc - - Required Bid Security Forms: A. Cash, Cashier’s/manager’s Check, Bank Draft / Guarantee, Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank (if Issued By A Foreign Bank It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. 2% Of Abc P 200,000.00 B. Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. 5% Of Abc P 500,000.00 C. Any Combination Of The Foregoing. Proportionate To Share Of From With Respect To Total Amount Of Security. D. A Bidder May Submit A Bid Securing Declaration Of Undertaking (gppb Res. No. 03-2012, Dated 27 January 2012) Guidelines On The Use Of Bid Securing Declaration Is Attached In Section Ix- Bidding Forms. Validity Period 120 Calendar Days From Opening Of Bid (maximum) Form Of Bid Security Company Number Official Receipt No. Validity Period Callable On Demand Bid Security Amount ( ) Sufficient ( ) Insufficient Total Amount Of Bid Manual Evaluation (√ Present ; X Absent) (initail) Legal Documents I. Registration Certificate From Sec, Dti For Sole Proprietorship, Or Cda For Cooperatives Or Any Proof 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. Tax Clearance 2020 Technical Documents Iii. Statement Of All Its On-going And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid. Iv. A Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid. Financial Documents 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 Class “b” Documents Vii. If Applicable, Valid 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. 2. Bid Security In The Prescribed Form, Amount And Validity Period Or Bid Securing Declaration Of Undertaking. (initial) Note: Any Missing, Incomplete Or Patently Insufficient Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Remarks: ( ) Complying/passed ( ) Non-complying/failed Contract Name: Concreting Of Purok 1b Access Road At Barangay Casile Location Of The Project: Casile, Dauin, Negros Oriental Bidder: Checklist Of Bid Requirements Second Envelope: 1 Financial Bid Form In Accordance With The Form Prescribed In Section Ix, Bidding Forms 2 Bid Prices In The Bill Of Quantities 3 Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid; 4 Quarter/ Monthly Cash Flow And Payment Schedule (initial) Note: Any Missing, Incomplete Or Patently Insufficient Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Remarks: ( ) Complying/ Passed ( ) Non-complying / Failed Contract Name: Concreting Of Purok 1b Access Road At Barangay Casile Location Of The Project: Casile, Dauin, Negros Oriental - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Summary Of Equipment Rental Rates Description Daily Rates Summary Of Labor Rates Description Daily Rates Summary Of Material Cost Description Cost Per Unit Approved By: Hon. Mardonio A. Verzano Head Of Procuring Entity