Province Of Iloilo Tender

Description Section I. Invitation To Bid Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi- Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2 The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “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), Which Must Be At Least Equal To The Abc To Be Bid, As Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Data Submitted To The Bir, Through Its Electronic Filing And Payment System (efps). 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix – Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site 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. 6.4 It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6 Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8 Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids 11.1 The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) 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) (i) (b) (iv) (v) (vi) Tax Clearance Per Executive Order 398, Series Of 2005, As Finally Reviewed And Approved By The Bir. Financial Documents 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; Technical Documents Philgeps Certificate Of Registration And Membership Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; Statement Of All Its Ongoing Government And Private Contracts From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. 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; (vii) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar Contract To Be Bid. (viii) Nfcc Computation In Accordance With Itb Clause 5.5. (ixi) 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 In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders 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; (i.3) Bid Securing Declaration (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 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 25.3(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 The Bid Security, Issued In Favor Of The Procuring Entity, In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security (e) Bid Securing Declaration No Cost To Bidder For Biddings Conducted By Local Government Units, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. 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 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix – Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3 The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail 19.4 The Bid, Except For Un-amended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid” 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac 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 Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns 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 301. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb) 30.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions (a) Submission Of The Following Documents Within 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 Procuring Entity Shall Prescribe At Least Two (2) Acceptable Forms Of Performance Security Taken From Two (2) Categories Below That Bidders May Opt To Use, 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 32.2 Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 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 Itb Clause 1.1 The Procuring Entity Is The Iloilo Provincial Government. The Name Of The Contract Is: Proposed Construction/rehabilitation Of Hospital Isolation And Ward Of Sara District Hospital At Sara, Iloilo. 2.0 The Funding Source Is Charged To Sb. No. 2, 20% Ira Cy 2020. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 No Further Instructions. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On August 27, 2021, 9:00 A.m., 5th Floor, Bac-secretariat Office, New Iloilo Provincial Capitol, Iloilo City. 10.1 The Procuring Entity’s Address Is: New Iloilo Provincial Capitol Iloilo City Contact Person: Atty. Elizabeth Dyhn A. Cabunagan Head, Bac Secretariat Bac Office, 5f New Iloilo Provincial Capitol Iloilo City 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Province Of Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized. 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b)(ii.2) The Minimum Key Personnel Requirements For The Project Are: 1 - Project Engineer 1 - Materials Engineer 1 - Electrical Engineer 1 - Construction Foreman 1 – Health & Safety Officer Itb Clause 12.1(b)(ii.3) Following Is The Minimum Number Of Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreement Which Are To Be Exclusively Used For The Project: 1- Unit– Dump Truck 1– Unit – Concrete Vibrator 1- Unit – Bagger Concrete Mixer 1- Unit – Bar Bender 1- Unit – Bar Cutter 1- Unit – Welding Machine 13.1 A) Financial Bid Shall Be Accompanied By Detailed Estimates Or Unit Cost Analysis. Otherwise It Will Be Considered Incomplete Bid. 13.2 The Abc Of This Project Is Php. 1,990,000.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 No Further Instructions. 15.2 All Unit Cost In The Bill Of Quantities Shall Be Filled Up In Words & In Figures. Otherwise It Will Be Considered Incomplete Bid. 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until January 6, 2022. 18.1 The Bid Security Shall Be Following In Any Form: F O R M 2% - Cash Or Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank – 2 5%- Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security Bid Securing Declaration – No Cost To Bidder 18.2 The Bid Security Shall Be Valid Until January 6, 2022. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 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 The Submission Of Bids Is: Ground Floor, Lobby, Iloilo Provincial Capitol, Iloilo City The Deadline Of Submission Of Bids: September 8, 2021, 9:00 A.m. 24.1 The Place Of Bid Opening Is: 5th Floor, Bac-secretariat Office, New Iloilo Provincial Capitol, Iloilo City The Date And Time Of Bid Opening Is: September 8, 2021, 9:01 A.m. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(b) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. 31.4(g) The Additional Contract Documents Relevant To The Project That Are Required By Or The Procuring Entity Are: Construction Schedule And S-curve; Manpower Schedule; Construction Methods; Equipment Utilization Schedule; Construction Safety And Health Program Approved By The Department Of Labor And Employment; And Pert/cpm 32.2 The Procuring Entity Shall Prescribe At Least Two (2) Acceptable Forms Of Performance Security Taken From Two (2) Categories Below That Bidders May Opt To Use, 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 In Itb Clause 32.2. 33.2 The Effective Date Of The Contract Is Five (5) Date After Bidders Receipt Of The Notice To Proceed. Section Iv. General Conditions Of Contract 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms: 1.1 The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2 Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums 1.3 The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4 The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5 The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6 Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7 The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded 1.8 The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9 Days Are Calendar Days; Months Are Calendar Months. 1.10 Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11 A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12 The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13 The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14 Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15 Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16 The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17 Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18 The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19 Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20 Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21 The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc 1.22 The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract 1.23 The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24 Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25 Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26 Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27 The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates 1.28 A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29 Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30 Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2.0 Interpretation 2.1 In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2 If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works) 3. Governing Language And Law 3.1 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1 On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2 If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3 The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4 The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligation 6.1 The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2 The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3 The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4 The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5 The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6 If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7 During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8 The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9 The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10 Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4 The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5 The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extension. 7.6 In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7 The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1 Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2 Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1 The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2 If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.1. 10. Site Investigations Report(s) The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works 12. Contractor’s Risk And Warranty Security 12.1 The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2 The Defects Liability Period For Infrastructure Projects Shall Be One Year From Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3 In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4 After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable 12.5 The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6 The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7 The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8 In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1 From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity. (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1 The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2 The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Affected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3 The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4 If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5 In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6 The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2 Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3 Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4 The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5 All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default 17. Termination For Default Of Procuring Entity 17.1 The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18 Termination For Other Causes 18.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2 The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3 Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 3.1(a); (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4 The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5 When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6 If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1 The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2 Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Constructor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2 If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3 If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4 After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5 The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2 If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3 Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1 Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity’s. 23.2 The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1 All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2 The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3 The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4 The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1 When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2 If The Contractor’s Financial Proposals For Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1 The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2 The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1 The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.1 Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractors Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1 Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2 All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3 The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1 The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2 The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative 31. Program Of Work 31.1 Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2 An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3 The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4 The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 31.5 When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6 All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conference 32.1 Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2 The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1 The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2 The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3 If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4 If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1 The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2 If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3 The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1 The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 37.2 Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3 The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4 The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1 The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2 The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1 The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2 The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3 The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4 The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5 The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1 The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2 The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3 Payments Shall Be Adjusted By Deducting Therefrom The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4 The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5 Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1 The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2 The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3 The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4 The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1 The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 42.2. 42.2 Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3 The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4 On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1 Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2 A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3 An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4 Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5 In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1 The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2 The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor 45.3 In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment Termination 46.1 If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2 If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3 The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4 If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1 Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2 No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3 Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4 No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5 Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed Unless Otherwise Specified In The Scc. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1 If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. Section V – Special Conditions Of Contract Scc Clause 1.16 The Contract Duration For This Project Is Ninety (90) Calendar Days, The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.21 The Procuring Entity Is The Iloilo Provincial Government. 1.22 The Procuring Entity’s Representative Is Engineer Romeo C. Andig. 1.23 The Site Of The Project Is At Aleosan District Hospital, Alimodian, Iloilo. 1.27 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.30 The Works Include Project Billboard/signboard, Site Works, Concrete Works, Reinforcing Steel, Masonry Works, Architectural Works, Plumbing Works, Mechanical And Electrical Works. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contracts. 6.5 The Contractor Shall Employ The Following Minimum Key Personnel: 1 1 1 1 1 Project Engineer Construction Foreman Materials Engineer Electrical Engineer Health And Safety Officer 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 10 None 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, Should The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 12.5 Permanent Structures, Such As Buildings Of Types 4 And 5 As Classified Under The National Building Code Of The Philippines And Other Structures Made Of Steel, Iron, Or Concrete Which Comply With Relevant Structural Codes (e.g., Dpwh Standard Specifications: Fifteen (15) Years. 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. Other Structures: Two (2) Years Bailey And Wooden Bridges, Shallow Wells, Spring Developments, And Other Similar Structures 13 No Additional Provisions. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. 34.3 The Funding Source Is Charge To Sb. No 2, 20% Ira Cy 2020. 37.1 No Further Instructions. 39.1 The Amount Of Advance Payment Shall Be Equivalent To Fifteen Percent (15%) Of The Total Contract Price. 40.1 No Further Instructions. 40.3 No Further Instructions. 42.2 No Further Instructions. 43 For Variation Orders, The Contractor Shall Be Paid For Additional Work Items Whose Unit Prices Shall Be Derived Based On The Following: A) For Additional/extra Works Duly Covered By Change Orders Involving Work Items Which Are Exactly The Same Or Similar To Those In The Original Contract, The Applicable Unit Prices Of Work Items Original Contract Shall Be Used. B) For Additional/extra Works Duly Covered By Extra Work Orders Involving New Work Items That Are Not In The Original Contract, The Unit Prices Of The New Work Items Shall Be Based On The Direct Unit Costs Used In The Original Contract (e.g, Unit Cost Of Cement, Rebars, Form Lumber, Labor Rate, Equipment Rental, Etc.). All New Components Of The New Work Item Shall Be Fixed Prices, Provided The Same Is Acceptable To Both The Government And The Contractor, And Provided Further That The Direct Unit Costs Of New Components Shall Be Based On The Contractor’s Estimate As Validated By The Procuring Entity Concerned Via Documented Canvass In Accordance With Existing Rules And Regulations. The Direct Cost Of The New Work Item Shall Then Be Combined With The Mark-up Factor (i.e., Taxes And Profit) Used By The Contractor In His Bid To Determine The Unit Price Of The New Work Item. 48 No Further Instructions. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is Twenty Five Thousand Pesos (p 25,000.00). Section Vi – Specifications General Requirements All Works To Be Done Shall Be With First Class Workmanship And Shall Conform To Plans And Specifications. All Materials To Be Used Shall Be Of Good Quality And Properly Inspected By The Authorized Representative Or The Engineer In-charge. The Provincial Engineer Is Reserved The Rights To Rescind Terminate, Suspend The Contract If He Deems Necessary And To The Best Interest Of The Government. The Contractor Shall Be Liable For All Damages That Will Occur During The Construction Of The Project. Scope Of Works The Works Include Furnishing Of Labor, Materials, Tools, Equipment And Other Incidentals Necessary To Complete The Project Such As: Project Billboard And Sign, Demolition Works, Site Works, Reinforced Concrete Works, Masonry Works, Architectural Works, Plumbing Works, Electrical Works And Mechanical Works(installation Of Fire Suppression System) Works As Per Plan & Specifications. I. Project Billboard And Signboard Scope The Work Includes The Project Billboard And Signboard, As Per Plans And Specifications. Materials Provide Materials In The Quantities Needed For The Work As Shown In The Drawings, And Meeting Or Exceeding The Following Standard Of Quality • 4'x 8' Tarpaulin (w/ Format) • 8'x 8' Tarpaulin (w/ Format) And Other Required Materials Needed For The Completion Of The Work Ii. Site Works A. Demolition Works Demolition Works Shall Consist Of The Removal And Disposal Of Existing Walls And Structures, Wherever They Occur Within The Right-of-way And Within Such Other Areas As Directed And Staked Out By The Engineer. B. Earthworks A. Excavation –general, All Structures. The Contractor Shall Notify The Engineer Sufficiently In Advance Of The Beginning Of Any Excavation So That Cross-sectional Elevations And Measurements May Be Taken On The Undisturbed Ground. The Natural Ground Adjacent To The Structure Shall Not Be Disturbed Without Permission Of The Engineer. Trenches Or Foundation Pits For Structures Or Structure Footings Shall Be Excavated To The Lines And Grades Or Elevations Shown On The Plans Or As Staked By The Engineer. They Shall Be Of Sufficient Size To Permit The Placing Of Structures Or Structure Footings Of The Full Width And Length Shown. The Elevations Of The Bottoms Of Footings, As Shown On The Plans, Shall Be Considered As Approximate Only And The Engineer May Order, In Writing, Such Changes In Dimensions Or Elevations Of Footings As May Be Deemed Necessary, To Secure A Satisfactory Foundation. B. Backfilling–embankments And Backfills Shall Contain No Muck, Peat, Sod, Roots Or Other Deleterious Matter. Rocks, Broken Concrete Or Other Solid, Bulky Materials Shall Not Be Placed In Embankment Areas Where Piling Is To Be Placed Or Driven. C. Gravel Bedding-provide 100mm Thick Gravel Bedding Prior To The Pouring Of Structures Exposed To Ground. Iii. Reinforced Concrete Works Iv. Reinforcing Steel Works Part I – General A. Unless Otherwise Specified Herein, Concrete Work Shall Conform To The Requirements Of The Aci Building Code. Full Cooperation Shall Be Given Other Trades To Install Imbedded Items. Provisions Shall Be Made For Setting Items Not Placed In The Forms. Before Concrete Is Placed, Embedded Items Shall Have Been Inspected And Tested For Concrete Aggregates And Other Materials Shall Have Been Done. Part 2 – Materials 2.1 Forms A. Design, Erect, Support, Brace, And Maintain Form Work So It Will Produce Correctly Aligned Concrete And Safety Support Vertical And Lateral Loads Which Might Be Applied Until Such Loads Can Be Supported Safety By The Concrete Structure. B. Construct Forms To The Exact Sizes, Shapes, Lines And Dimensions As Required To Obtain Accurate Alignment, Location, Grades, And Level And Plumb Work In The Finish Structure. C. Use Plywood, Metal, Or Surfaced Lumber Form For All Exposed Concrete Work. 2.2 Reinforcement A. All Reinforcing Bars Shall Be Deformed As Per Plan And Shall Be New And Free From Rust, Oil, Defects, Grease, Or Kinks They Shall Conform To The Requirements Of Astm A Gis. 1. Reinforcements With Diameter Less Than Or Equal To 12 Millimeters Shall Have Minimum Yield Strength Of 230 Mpa. 2. Reinforcement With Diameter Greater Than 12 Millimeters Shall Have Minimum Yield Strength Of 275 Mpa. 2.3 Concrete A. Comply With The Following As Minimum: 1. Portland Cement: Astm C 150, Type I 2. Aggregate, Coarse: Well Graded, Clean, Hand Particles Of Gravel Or Crushed Rock, Astmc 33, With Maximum Size Nor Larger Than 1/5 Of The Narrowest Dimension Between The Forms Not Larger Than ¾ Of The Minimum Clear Spacing Between Reinforcing Bars Nor Larger Than 2.3 Centimeters In Diameter. 3. Aggregate, Fine: Natural Washed Sand Of Hard And Durable Particles Varying From Fine To Particles Passing A No.4 Standard Scene. 4. Water Clean And Free From Injurious Amounts Oil, Acid, Alkali, Salt, Or Organic Materials Or Other Deleterious Substance. B. Provide Concrete With A Minimum 28-day Compressive Cylinder Strength With Following: 1. Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Mpa 2. Suspended Slab. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Mpa 3. Beams, Girders, Columns . . . . . . . . . . . . . . . . . . . . . . . . . 21 Mpa C. All Concrete Tests, As May Be Required By The Owner Or Civil Engineer, Shall Conform To The Requirements Of Astmc 39; Steel Tests Shall Conform To Astm A 50. Cost Of Any Tests Shall Be At The Expense Of The Contractor. Slump Tests Shall Be Obtained From At Least. Three Standard Cylinder Sample And Shall Conform To Aci 613. 1.4 Proportions And Mixing 1. Proportions Of All Materials Entering Into The Concrete Shall Be As Follows: Class Cement : Sand : Gravel Class “a” - 1 : 2 : 3 2.4 Other Materials A. Provide Other Materials, Not Specifically Described But Required For A Complete And Proper Installation, As Selected By The Contractor Subject To The Approval Of The Engineer. Part 3 – Execution 3.1 Conditions Examine The Areas And The Conditions Under Which Work Will Be Performed. Correct Conditions Detrimental To Timely And Proper Completion Of The Work. Do Not Proceed Until The Conditions Are Unsatisfactory. 3.2 Forms A. All Girders, Beams, And Centering Shall Be On At Least 2.5 Centimeters In All Directions. B. Forms And Shoring Shall Not Be Removed Until Concrete Is Adequately Set And Strong Enough To Withstand Anticipated Loading And In No Case Less Than Seven Days After Pouring. C. Forms And Shoring May Be Removed Earlier Than Specified Provided That Test Samples Of Concrete Are Taken And Are Shown To Be Adequately Strong To Carry Safely Dead Load And Construction Live Load. 3.3 Reinforcing Bars A. Clean Reinforcement And Remove All Loose Dust, Rust, Scale, Adhering Materials, And All Oil Or Similar Materials, Which May Destroy The Bond Between The Concrete And The Reinforcements Before Placing. B. Place And Secure Reinforcement By Concrete Or Metal Chair Spacers. The Clear Distance Between Parallel Bars Shall Be Minimum Of 1 ½ Times The Diameter Of The Bar. In No Case Shall The Clear Distance Between The Bars Except In The Columns And Between Multiple Layers Of Bars In Beams Be Less Than 2.5 Centimeters Nor Less Than 1 1/3 Times The Maximum Size Of The Coarse Aggregates. Where Bars Are Used In Two Or More Layers, The Bars In The Upper Layers Shall Be Placed Directly Above Those In The Lower Layers At A Minimum Clear Distance Of 2.5 Centimeters. C. The Clear Distance Between Longitudinal Bars In Columns Shall Not Be Less Than 1 ½ Times The Bar Diameter, Or 1 ½ Times The Maximum Size Of The Coarse Aggregate. D. Vertical Staples 10 Millimeters In Diameter Spaced Not More Than 1.5 Meters Both Ways Shall Connect Top And Bottom Bars Of All Slab Reinforcement. E. Bends For Stirrups And Ties Shall Be Made Around A Pin Having A Diameter Of Not Less Than Six Times The Diameter Of The Bar, Except That For Bars Larger Than 20 Millimeters, The Pin Shall Not Be Less Than Eight Times The Diameter Of The Bar, All Bars Shall Be Bent Cold. 3.4 Embedded Items A. Do Not Embed Piping, Other Than Electrical Conduit, In Structural Concrete. 1. Locate Conduit To Maintain Maximum Strength Of The Concrete. 2. Increase The Thickness Of The Concrete If The Outside Diameter Of The Conduit Exceeds 30% Of The Thickness Of The Concrete. B. Set Bolts, Inserts, And Other Required Items In The Concrete, Accurately Secured So They Will Not Be Displaced, And In The Precise Locations Needed. 3.5 Mixing Concrete A. The Preparation Of Aggregates To Cement For Any Concrete Shall Be Such As To Produce A Mixture Which Will Work Readily Into The Corners And Angles Of The Forms And Around Reinforcements With The Method Of Placing Employed In The Work, But Without Permitting The Materials To Segregate Or Excess Free Water To Collect On The Surface. The Weight Of The Fine Aggregates Shall Not Be Less Than 30% Or Greater Than 50% Of The Total. B. Measurement Of Materials For Ready Mixed Concrete Shall Conform To Astm C 94. C. Measure Aggregates By Weight Within 1-% Accuracy. Verify Randomly That Cement Conforms To 40 Kilograms Per Pack. Measure Water By Weight To Within 1.5-% Accuracy. D. Water Content Shall Not Exceed 24 To 27 Liters Per Bag Of Cement Slump In Centimeters Corresponding To Non-air Entrained Concrete Shall Be As Follows: 1. Columns And End Supported Beams Girders & Slabs......2.5 Min.-10 Max 2 Walls & Thin Vertical Sections..........................................2.5 Min.-10 Max 3. Footings Bedded Slabs & Cantilevered Beams & Slabs...7.5 Min.- 7.5 Max. E. No Hand Mixing Shall Be Allowed Except In Case Of Emergency Such As Mixer Breakdown During Pouring Operations, And Shall Stop At The First Allowed Construction Joint. All Concrete Shall Be Machine Mixed For At Least 1-½ Minutes. F. Mixer Must Be Of Sufficient Size And Type Which Will Ensure A Uniform Distribution Of Materials Of Materials Throughout The Mass It Must Be Equipped With A Device For Accurately Measuring And Controlling The Amount Of Mixing Water In Each Batch. G. The First Batch Of Concrete Materials Placed In The Mixer Shall Contain Sufficient Excess Cement, Sand, And Water To Coat The Inside Of The Drum Without Reducing The Content Of The Mix To Be Discharged. H. Revamping Of Concrete Shall Not Be Permitted. I. Apply Concreto Bond Mixed With Proper Ratio Of Cement That Will Confer On The Composite Material Properties As Enhanced Strength And Adhesion On The Roof Slab. 3.6 Placing Concrete A. Preparation 1.) Remove Foreign Matter Accumulated In The Forms. 2.) Rigidly Close Openings Left In The Frame Work. 3.) Wet Wood Forms Sufficiently To Tighten Up Cracks; Wet Other Material Sufficiently To Maintain Workability Of The Concrete. 4.) Use Only Clean Tools. B. Conveying 1.) Perform Concrete Placing At Such A Rate That Concrete Which Is Being Integrated With Fresh Concrete Is Still Plastic. 2.) Deposit Concrete In Its Final Position Without Segregation, Re-handling, Or Flowing. Place Concrete With Buggies, Buckets Or Wheelbarrows. No Chutes Shall Be Allowed Except To Transfer Concrete From The Mixer To The Buggies And Shall Not Exceed Six Meters In Total Length. 3.) Do Not Place Concrete With A Free Fall Of More Than 1-½ Meters, Except When Approved Sheet Metal Conduits, Pipes Or Elephant Trunks Are Employed. These Conveyers, When Used, Shall Be Kept Full Of Concrete And The Ends Kept Buried In The Newly Placed Concrete As Pouring Progresses. 4.) Do Not Use Concrete Which Becomes Non- Plastic Or Unworkable, Or Does Not Meet Required Quality Control Limits, Or Has Been Contaminated With Foreign Materials Remove Rejected Concrete From The Job Site. C. Placing Of Concrete 1.) Deposit Concrete In Horizontal Layers Not Deeper Than 60 Centimeters, And Avoid Inclined Construction Joints. 2.) Deposit Concrete In Its Final Position Within Three Hours From The Time Of Mixing, After Which It Will Be Rejected. 3.) Deposit And Consolidate Concrete Slabs In A Continuous Operation, Within Limits Of Construction Joints, Unit The Placing Of A Panel Or A Section Is Completed. 4.) Bring Slab Surfaces To The Correct Level With A Straightedge, And Then Strike Off. 5.) Use Bull Floats To Smooth The Surface, Leaving The Surface Free From Bumps And Hollows. 6.) Do Not Sprinkle Water On The Plastic Surface. Do Not Disturb The Slab Surface Prior To Start Of Finishing Operations. 3.7 Consolidation A. General: 1.) Consolidate Each Layer Of Concrete Immediately After Placing; By Use Of Concrete Vibrators Supplemented By Hand Spading, Rodding, Or Tamping. 2.) Do Not Allow Pouring Without The Use Of Vibrators. Avoid Segregation Due To Over Vibration. Do Not Use Vibrators To Transport Or Spread Concrete Inside The Forms. 3.) Stop Vibration When Mixture Ceases To Decrease In Volume. When Possible, Concreting Shall Be Continuous Until The Section Is Complete. 3.8 Construction Joints A. General: 1.) When Stoppage Of Concreting Operation Occurs For Any Reason Place Construction Joints Either Horizontally Or Vertically And Provide With Shear Keys And Dowels To Develop Bond. 2.) Clean The Surface Of The Poured Concrete Against Which Fresh Concrete Is To Be Deposited Of All Laitance And Expose Aggregates Before Concreting Is Resumed. Coat Surface Thoroughly With Cement Grout. 3.9 Curing Concrete A. General 1.) Cure Concrete By Keeping Concrete Continuously Moist For At Least One Week After Placing. Floors And Vertical Surfaces Maybe Sprayed With An Approved Preparation To Related Evaporation Of Water Provide Such Spraying Is Not Objectionable Because Of Subsequent Finish. 2.) Calcium Chloride Shall Not Be Allowed In Any Concrete Mix. 3.11 Remedial Work A. Complete Repair On Concrete Imperfections Within Twenty-four Hours After Removal Of Forms. Neatly Remove Pins From Exposed Surfaces. Concrete That Is Damaged Or Honeycombed Must Be Removed To Reach Concrete And Replaced With The Dry-pack Mortar, Or Concrete As Hereinafter Specified. Where Large Bulges And Abrupt Irregularities Protrude, The Protrusions Shall Be Removed By Grinding. B. Use Dry-pack Filling For Holes Whose Width Is Less Than Its Depth, For Holes Left By Removal Of Fasteners From The Ends Of Form Tie-rods, For Grout And Pipe Recesses, And For Narrow Slots Cut For Repairing Of Cracks. Do Not Use Dry Pack For Filling Behind Reinforcements Or For Filling Holes That Extend Completely Through The Concrete. C. Use Motor Filling Placed Under Pressure By A Motor Gun For Holes Too Wide For Dry-pack Filling And Too Shallow For Concrete Filling And Not Deeper Than The Far Side Of The Reinforcement Nearest To The Surface. D. Use Concrete Filling For Holes Extending Entirely Through The Concrete, For Holes Greater In Area Than 1,000 Square Centimeters And Deeper Than 10 Centimeters, And For Holes, Which Extend Beyond The Reinforcements. V. Masonry Works A. Masonry Wall A. Scope Of Work 1. The Work Includes Furnishing And Placing Of Concrete Masonry Units In Conformity With The Lines, Grades And Cross-sections Shown On The Drawings And In Accordance With The Specifications. B. Materials 1. Concrete Hollow Blocks Shall Have A Minimum Face Shell Thickness Of 1” (.025). Nominal Size Shall Be 4”x8”x16” As Per Plan Complying With Astm C90, Grade N, Type 1, In Color “natural Gray” All Units Shall Be Stored For A Period Of Not Less Than 28 Days Including Curing Period And Shall Not Be Delivered To The Jobsite Prior To That Time Unless The Strength Equal Or Exceed Those Mentioned In These Specifications. 2. Wall Reinforcement Shall Be No. 3 (3/8”) Or 10mm Steel Bars. 3. Sand Shall Be River Sand, Well Screened, Clean, Hard, Sharp Siliceous, Free From Foam, Silt Or Other Impurities, Composed Of Grains Of Varying Sizes Within The Following Limits Sieve No. Percent 9 Passing 100 16 Retained 5 17 Retained 95 4. Cement Shall Be Standard Portland Cement Astm – 150-68 Type 1 5. Mortar. Mix Mortar From 3 To 5 Minutes In Such Quantities As Needed For Immediate Use. Tampering Again Will Not Be Permitted If Mortar Stiffens Because Of Premature Setting. Discard Such Materials As Well As Those Which Have Not Been Used Within One Hour After Mixing. Proportioning: Cement Mortar Shall Be One (1) Part Portland Cement And Two (2) Parts Sand By Volume But More Than One (1) Part Portland Cement And Three (3) Parts Sand By Volume. C. Erection 1. All Masonry Shall Be Laid Plumb, True To Line, With Level And Accurately Spaced Courses And With Each Course Breaking Joint With The Source Below. Bond Shall Be Kept Plumb Throughout; Corners And Reveals Shall Be Plumb And True. Units With Greater Than 12 Percent Absorption Shall Be Wet Before Laying. Work Required To Be Built In With Masonry Including Anchors Wall Plugs And Accessories Shall Be Built In As The Erection Progress. 2. Masonry Units. Each Course Shall Be Solidly Bedded In Portland Cement Mortar. All Units Shall Be Damp When Laid Units Shall Be Showed Into Place Not Laid, In A Full Bed Of Unfurrowed Mortar. All Horizontal And Vertical Points Shall Be Completely Filled With Mortar When And As Laid. Each Course Shall Be Bonded At Corners And Intersections. No Cells Shall Be Left Open In Face Surfaces. All Cells Shall Be Filled Up With Mortar For Exterior Walls. Units Terminating Against Beam Of Slab Soffits Shall Be Wedged Tight With Mortar. Do Not Lay Cracked Broken Or Defaced Block. 3. Lintels Shall Be Of Concrete And Shall Be Enforced As Shown In The Drawings. Lintels Shall Have A Minimum Depth Of .20(8”) On Each Side Of Openings. D. Workmanship And Installation 1. Plastering: Clean And Evenly Wet Surfaces. Apply Scratch Coat With Sufficient Force To Form Good Keys. Cross Upon Attaining Initial Set; Keep Damp. Apply Brown Coat After Scratch Coat Has Set At Least 24 Hours After Scratch Coat Application. Lightly Scratch Brown Coat; Keep Moist For 2 Days: Allow Drying Out. Do Not Apply Finish Until Brown Coat Has Seasoned 7 Days. Just Before Applying Coat, Wet Brown Coat Again. Float Finish Coat To True Even Surface; Trowel In Manner That Will Force Sand Particles Down Into Plaster, With Final Troweling, Leave Surfaces Blemished Smooth, Free From Rough Areas, Trowel Marks, Cheeks, Other Blemishes. Keep Finish Coat Moist For At Least 2 Days: Thereafter Protect Against Rapid Drying Until Properly Thoroughly Cured. 2. Pea Gravel Washout: Before Start Of Work, Provide Desired Pitch For Drainage. Roughen Concrete Surface With Pick Or Similar Tool. Clean Off Loose Particles And Other Materials Which May Prevent Bond, Keep Surface Wet For At Least 4 Hours Before Applying. Scratch Coat Of Mortar. Coat Not More Than ¾” Thick. Apply Mixture Of Pea Gravel To Hard, Smooth, Even Plane And Rod And Float To Uniform Surface Of Even Texture. When Surface Is Semi-dry Evenly Spray Surfaces With Clean Water With Spray Machine To Wash Out Loose Cement To Part Exposed Pea Gravel. Removed And Wash Down Remaining Cement Paste With Soft Brush To Leave Pea Gravel In Its Natural Texture And Appearance. Before Applying Pea Gravel Finish, Submit Samples To Owner For Approval. B. Plastering A. Scope Of Work 1. Provide Cement Plaster Where Shown On The Drawings, As Specified Herein, And As Needed For A Complete And Proper Installation. B. Materials Portland Cement: 1. Comply With Astm, Type I Or Ii 2. When Specifically Approved In Advance By The Engineer, Other Cements Such As Masonry Cement, Plastic Cement, And Gun Cement May Be Used In The Proportions Shown In The Approved Mix Designs. Lime 1. Provide Special Finishing Hydrated Lime Complying With Astm Or Provide Normal Finishing Hydrated Lime With Maximum Un-hydrated Oxide Content Of 8% By Weight, According To The Proportions In The Approved Mix Designs. Water 1. Use Water Which Is Potable And Free From Impurities That Affect Setting Of Portland Cement Plaster Other Materials 1. Provide Other Materials, Not Specifically Described But Required For A Complete And Proper Installation, As Selected By The Contractor To The Approval Of The Engineer. C. Mixes Procedures: 1. Proportion And Measure The Materials For Each Batch Of Plaster Accurately. 2. Prepare Batches In Quantity For Complete Use Within A Maximum Of One Hour After Mixing. 3. Do Not Temper Again Or Use Partially Set Plaster, Except Plaster, Which Has Stiffened Only From Evaporation. 4. Use Sand, Which Is Moist And Loose. Vi. Architectural Works A. Carpentry Works A. Closet Cabinet (1.2m X 2.1m X0.6m) B. Ppe Cabinet (1.2m X 2.1m X0.6m) General A. Work Included 1. Furnish Finish Hardware Required To Complete The Work As Shown On The Drawings And As Specified Herein; 2. Furnish Trim Attachments And Fastenings, Specified Or Otherwise Required, For Proper And Complete Installation; 3. Deliver To The Job Site Those Items Of Finish Hardware Scheduled To Be Installed At The Job Site; And Deliver To Another Point Of Installation Those Items Of Finish Hardware Scheduled To Be Factory Installed. Products General A. Fasteners: 1. Furnish Necessary Screws, Bolts, And Other Fasteners Suitable Size And Type To ` 2. Where Necessary, Furnish Fasteners With Toggle Bolts, Expansion Shields Sex Bolts, And Other Anchors Approved By The Architect, According To The Material To Which The Hardware Is To Be Applied And According To The Recommendations Of The Hardware Manufacturer. 3. Provide Fasteners Which Harmonize With The Hardware As To Finish And Material. B. Where Butts Are Required To Swing 180 Degrees, Furnish Butts Of Sufficient Throw To Clear The Trim. C. Furnish Silencers For Door Frames At The Rate Of Three For Each Single Door And Two For Each Door Or Pair Of Doors; Except Weather-stripped Doors And Doors With Light Seals Or Sound Seals. B. Tile Works Scope The Work Includes The Installation Tiles Located In The Plan Including Comfort Rooms, As Per Plans And Specifications. Materials • Inlaid Vinyl Floor Finish • Inlaid Vinyl Wall Finish • 0.3m X 0.3m Rustic Floor Tiles • 0.3m X 0.3m Polished Wall Tiles • 0.6m X 0.6m Rustic Floor Tiles The Materials Needed Is Reflected In The Detailed Drawing, Provide Other Materials, Not Specifically Described But Required For A Complete And Proper Installation, As Selected By The Contractor To The Approval Of The Architect. C. Steel Works 1. Scope The Work Includes The Fabrication And Installation Of The Following Steel Works: Sun Breaker Products Materials • 2" Stainless Pipe • 1 1/2" Stainless Pipe And Other Required Materials Needed For The Completion Of The Work. D. Ceiling Scope The Work Includes The Installation Tiles Located At The Rooms Of Phu Including Entrance Lobby & Ramps, As Per Plans And Specifications. Materials A. Provide Materials In The Quantities Needed For The Work As Shown In The Drawings, And Meeting Or Exceeding The Following Standard Of Quality 1. 3.5mm Hardilite Ceiling Board 2. 0.4mm Thk X 19mm X 50 Mm Metal Furring 3. 0.80mm Thk X 12mm X 38mm Carrying Channel 4. 0.40m X 25mm X 25mm Wall Angle 5. Ga 12 Tie Wire Hangers Alternate 6. Blind Rivets Other Materials A. Provide Materials, Not Specifically Described But Required For A Complete And Proper Installation, As Selected By The Contractor Subject To The Approval Of The Architect. Execution Surface Conditions A. Examine The Areas And Conditions Under Which Work Will Be Performed. Correct Conditions Detrimental To Timely And Proper Completion Of The Work. Do Not Proceed Until Unsatisfactory Conditions Are Corrected. Installation Of Other Items A. Install Items In Strict Accordance With The Drawings And The Recommended Methods Of The Manufacturer As Approved By The Architect, Anchoring Firmly Into Position At The Prescribed Locations, Straight, Plumb, And Level. E. Painting A.1 General Scope A. Paint And Finish Exposed Surfaces Using The Combination Of Materials Listed On Painting Schedule, As Specified Herein, And As Needed For A Complete And Proper Installation. B. Work Not Included: 1. Unless Otherwise Indicated, Painting Is Not Required On Surfaces In Concealed Areas And Inaccessible Areas Such As Furred Spaces, Foundation Spaces, Utility Tunnels, Pipe Spaces, And Duct Shafts. 2. Metal Surfaces Of Anodized Aluminium, Stainless Steel, Chromium Plate, Cooper, Bronze, And Similar Finished Materials Will Not Require Painting Except As May Be So Specified. 3. Do Not Paint Over Required Labels Or Equipment Identification, Performance Rating, Name, Or Nomenclature Plates. 4. Do Not Paint Concrete, Which Has Been Sandblasted. C. Definitions: 1. “paint” As Used Herein, Means Coating System Materials Including Primers, Emulsions, Epoxy, Enamels, Sealers, Fillers, And Other Applied Materials Whether Used As Prime, Intermediate, Or Finish Coats. A.2 Products Paint Materials A. Undercoats And Thinners: 1. Provide Undercoat Paint Recommended By The Architect As The Finish Coat. 2. Use Only The Thinners Recommended By The Architect, And Use Only The Recommended Limits. 3. Insofar As Practicable, Use Undercoat, Finish Coat, And Thinner Material As Part Of The Unified System Of Paint Finish. Applicatioin Equipment A. For The Application Of The Approved Paint, Use Only Such Equipment As Is Recommended For Application Of The Particular Paint By The Manufacturer Of The Particular Paint, And As Approved By The Architect. B. Prior To Use Of Application Equipment, Verify That The Proposed Equipment Is Actually Compatible With The Material To Be Applied, And That Integrity Of The Finish Will Not Be Jeopardized By Use Of The Proposed Equipment. Other Materials A. Provide Other Materials; Not Specifically Describe But Required For A Complete And Proper Installation, As Selected By The Contractor Subject To The Approved Of The Architect. A.3 Execution Surface Conditions A. Examine The Areas And Conditions Under Which Work Will Be Performed. Correct Conditions Detrimental To Timely And Proper Completion Of The Work. Do Not Proceed Until Unsatisfactory Conditioned Are Corrected. Materials Preparation A. General : 1. Mix And Prepare Paint Materials In Strict Accordance With The Manufacturer’s Recommendations As Approved By The Architect. 2. When Materials Are Not In Use, Store In Tightly Covered Containers. 3. Maintain Containers Used In Storage, Mixing, And Application Of Paint In A Clean Condition, Free From Foreign Materials And Residue. B. Stirring : 1. Stir Materials Before Application, Producing A Mixture Of Uniform Density. 2. Do Not Stir Into The Materials Any Film, Which May Form On The Surface, But Remove The Film, And, If Necessary, Strain The Material Before Using. Surface Preparation A. General : 1. Perform Preparation And Cleaning Procedures In Strict Accordance With The Paint Manufacturer’s Recommendations As Approved By The Architect. 2. Remove Removable Items, Which Are In Place And Are Not Scheduled To Receive Paint Finish; Or Provide Surface Applied Protection Prior To Surface Preparation And Painting Operations. 3. Following Completion Of Painting In Each Space Or Area, Reinstall The Removed Items By Using Workmen Who Are Skilled In The Necessary Trades. 4. Clean Each Surface To Be Painted Prior To Applying Paint Or Surface Treatment. 5. Remove Oil And Grease With Clean Cloth And Cleaning Solvent Of Low Toxicity And Flash Point In Excess Of 200 Degrees F, Prior To Start Of Mechanical Cleaning. 6. Schedule The Cleaning And Painting So That Dust And Other Contaminants From The Cleaning Process Will Not Fall Onto Wet Newly Painted Surfaces. B. Preparation Of Metal Surfaces: 1. Clean Wood Surfaces Until Free From Dirt, Oil, And Other Foreign Substance. 2. Smooth Finished Wood Surfaces Exposed To View, Using The Proper Sandpaper. Where So Required Use Varying Degrees Of Coarseness In Sandpaper To Produce A Uniformly Smooth And Unmarred Wood Surface. 3. Unless Specially Approved By The Architect Do Not Proceed With Painting Of Wood Surfaces Until The Moisture Content Of The Wood Is 12% Or Less As Measured By A Moisture Meter Approved By The Architect. C. Preparation Of Metal Surfaces: 1. Thoroughly Clean Surfaces Until Free From Dirt, Oil, And Grease. 2. On Galvanized Surfaces, Use Solvent For The Initial Cleaning, And Then Clean The Surface Thoroughly With Phosphoric Acid Etches. Remove Etching Solution Completely Before Proceeding. 3. Allow Drying Thoroughly Before Application Of Paint. Paint Application A. General: 1. Touch-up Shop-applied Prime Coats Which Have Been Damaged, And Touch-up Bare Areas Prior To Start Or Finish Coats Application. 2. Slightly Vary The Color Of Succeeding Coats. A. Do Not Apply Additional Coats Until The Completed Coat Has Been Expected And Approved. B. Only The Inspected And Approved Coats Of Paint Will Be Considered In Determining The Number Coats Applied. 3. Sand And Dust Between Coats To Remove Defects Visible To The Unaided Eye From A Distance Of Five Feet. 4. On Removable Panels And Hinged Panels, Paint The Backsides To Match The Exposed Sides. B. Drying: 1. Allow Sufficient Drying Time Coats, Modifying The Period As Recommended By The Material Manufacturer To Suit Adverse Weather Conditions. 2. Consider Oil-base And Oleo-resinous Solvent Type Paint As Dry For Re-coating When The Paint Feels, Firm, Does Not Deform Or Feel Sticky Under Moderate Pressure Of The Thumb, And When The Application Of Another Coat Of Paint Does Not Cause Lifting Or Less Of Adhesion Of The Undercoat. C. Brush Application: 1. Brush Out And Work The Brush Coats Onto The Surface In An Even Film. 2. Cloudiness, Spotting, Holidays, Laps, Brush, Marks, Runs, Sags, Ropiness, And Other Surface Imperfections Will Not Be Acceptable. D. Spray Application: 1. Except As Specifically Otherwise Approved By The Architect, Confine Spray Application To Metal Framework And Similar Surfaces Where Hand Brushwork Would Be Inferior. 2. Where Spray Application Is Used, Apply Each Coat To Provide The Hiding Equivalent Of Brush Coats. 3. Do Not Double Back With Spray Equipment To Build Up Thickness Of Two Coats In One Pass. E. For Complete Work, Match The Approved Samples As To Texture, Color, And Coverage, Remove, Refinish, Or Repaint Work Not In Compliance With The Specified Requirements. F. Miscellaneous Surfaces And Procedures: 1. Exposed Mechanical Items: A. Finish Electric Panels, Access, Conduits, Pipes, Ducts, Grilles, Registers, Vents, And Items Of Similar Nature To Match The Adjacent Wall And Ceiling Surfaces, Or As Directed. 2. Hardware: A. Paint Prime Coated Hardware To Match Adjacent Surfaces; B. Paint Metal Portions Of Head Seals, Jamb Seals, And Astragal Seals To Match The Color Of The Doorframe Unless Otherwise Directed By The Architect. 3. Wet Areas: A. In Toilet Rooms And Contiguous Areas, Add An Approved Fungicide To Paints. B. For Oil Based Paints, Use 1-% Phenol Mercuric Or 4% Pentachlorophenol. C. For Water Emulsion And Glue Size Surfaces, Use 4% Sodium Pentachlorophenol. 4. Exposed Vents: Apply Two Coats Of Heat Resistant Paint Approved By The Architect. F. Doors And Windows F.1. Doors Summary Provide Materials Shown On The Drawings, As Specified Herein, And As Needed For A Complete And Proper Installation. Products • D1 - 2.1m X 2.9m Swing Panel Door With Glass Panels, Killn Dried Solid Panel Door With Stainless Heavy Duty Double Action Hinges On 2"x6" Wood Door Jambs, Intrumescent Rubber Strip Door Seal W/ Complete Accessories,provide Overhead Chain Bolt And Foot Operated Foot Cain Bolt. • D2- 1.8m X 2.1m Swing Panel Door With Glass Panels, Killn Dried Solid Panel Door With Stainless Heavy Duty Double Action Hinges On 2"x6" Wood Door Jambs, Intrumescent Rubber Strip Door Seal W/ Complete Accessories,'provide Overhead Chain Bolt And Foot Operated Foot Cane Bolt. • D3 - 0.8m X 2.1m Killn Dried Solid Panel Door With 6mm Thk Clear Fixed Glass And Heavy Duty Door Knob And Hinges On 2"x6" Wood Door Jambs • D4 - 0.7m X 2.1m Pocket Door, 6mm Thk Clear Glass Door On Analok Tubular Frame W/ 2" X 4" Aluminum Door Jamb, Heavy Duty Lockset And Complete Accessories Finish Hardware Secure Templates From The Finish Hardware Supplies, And Accurately Install, Or Make Provision For All Finish Hardware Execution Surface Condition A. Examine The Areas And Conditions Under Which The Work Will Be Performed Correct Conditions Detrimental To Timely And Proper Completion Of The Work. Do Not Proceed Until Unsatisfactory Conditions Are Corrected. Installation A. Placing Frames: 1. Except Where Specifically Otherwise Directed By The Architect, Or Not Practicable Because Of Construction Conditions, Place Frames Prior To Construction Of Enclosing Walls And Ceilings. 2. Set Frames Accurately Into Position, Plumb, Aligned, And Braced Securely Until Permanent Anchors Are Set. 3. After Wall Construction Is Completed, Remove Temporary Braces And Spreaders, Leaving Surfaces Smooth And Undamaged. Touch-up A. Upon Completion Of The Installation, Visually Check All Exposed Surfaces Of The Work And Touch-up All Scratches And Abrasions To Be Completely Invisible To The Unaided Eye From A Distance Of One And A Half Meters. F.2. Window Summary Provide Materials Shown On The Drawings, As Specified Herein, And As Needed For A Complete And Proper Installation Materials • W1 – 0.6m X 0.6m Awning Glass Window, 6mm Thksunbronze Glass On Analok Aluminum Tubular Frame Complete Accessories. Finish Hardware Secure Templates From The Finish Hardware Supplies, And Accurately Install, Or Make Provision For All Finish Hardware Execution Surface Condition B. Examine The Areas And Conditions Under Which The Work Will Be Performed Correct Conditions Detrimental To Timely And Proper Completion Of The Work. Do Not Proceed Until Unsatisfactory Conditions Are Corrected. Installation A. Placing Frames: 1. Except Where Specifically Otherwise Directed By The Architect, Or Not Practicable Because Of Construction Conditions, Place Frames Prior To Construction Of Enclosing Walls And Ceilings. 2. Set Frames Accurately Into Position, Plumb, Aligned, And Braced Securely Until Permanent Anchors Are Set. 3. After Wall Construction Is Completed, Remove Temporary Braces And Spreaders, Leaving Surfaces Smooth And Undamaged. Touch-up B. Upon Completion Of The Installation, Visually Check All Exposed Surfaces Of The Work And Touch-up All Scratches And Abrasions To Be Completely Invisible To The Unaided Eye From A Distance Of One And A Half Meters. Vii. Plumbing Works A. General 1. All Work Shall Be Done Under The Direct Supervision Of A Licensed Plumber And A Strict Accordance With This Specification And For The Methods As Prescribed By The National Plumbing Code Of The Philippines. Scope 1. Provide Plumbing Where Shown On The Drawings, As Specified Herein, And As Needed For A Complete And Proper Installation Including, But Necessarily Limited To: 1.1 Water Piping System; 2.1 Drain, Waste, And Vent System; 3.1 Storm Drainage System Within The Structures; 4.1 Plumbing Fixtures And Trim. 2. The Work Shall Include The Furnishing Of All Labor, Materials, Equipment And Services Necessary The Complete Installation, Testing And Commissioning Of The System As Per Plan. In Case Of Conflict Between Plans And This Specification, The Architect/consultant Shall Be Notified. B. Products Materials A. Pp-r System Pipes And Fittings B. Water Closet, Lavatory, Urinal, Soap & Paper Holders, Towel& Curtain Rods, Faucets And All Necessary Accessories Shall Be Approved By The Architect. Other Materials A. Provide Other Materials, Not Specifically Described But Required For A Complete And Proper Installation As Selected By The Contractor Subject To The Approval Of The Architect. C. Execution 1. Surface Conditions A. Examine The Areas And Conditions Under Which Work Will Be Performed. Correct Conditions Detrimental To Timely And Proper Completion Of The Work. 2. Plumbing System Layout A. Layout The Plumbing System In Careful Coordination With The Drawings, Determining Proper Elevations For All Components Of The System And Using Only The Minimum Number Of Bends To Produce A Satisfactory Functioning System. B. Follow The General Layout Shown On The Drawings In All Cases Except Where Other Work May Interfere. C. Layout Pipes To Fall Within Partition, Wall, Or Roof Cavities, And To Not Require Furring Other Than As Shown On The Drawings. 3. Installation Of Piping And Equipment A. General: 1. Proceed As Rapidly As The Building Construction Will Permit. 2. Thoroughly Clean Items Before Installation. Cap Pipe Openings To Exclude Dirt Until Fixtures Are Installed And Final Connections Have Been Made. 3. Cut Pipe Accurately, And Work Into Place Without Springing Or Forcing, Properly Cleaning Windows, Doors, And Other Openings. Excessive Cutting Or Other Weakening Of The Building Will Not Be Required. 4. Show No Tool Marks Or Threads On Exposed Plated, Polished, Or Enameled Connections From Fixtures. Tape All Finished Surfaces To Prevent Damage During Construction. 5. Make Changes In Directions With Fittings; Make Changes In Main Sizes With Eccentric Reducing Fittings. Unless Otherwise Noted, Install Water Supply And Return Piping With Straight Side Of Eccentric Fittings At The Top Of The Pipe. 6. Run Horizontal Sanitary And Storm Drainage Piping At A Uniform Grade Of ¼ “per Ft., Unless Otherwise Noted. Run Horizontal Water Piping With An Adequate Pitch Upwards In Direction Of Flow To Complete Drainage. 7. Provide Sufficient Swing Joint, Ball Joints, Expansion Loops, And Devices Necessary For A Flexible Piping System, Whether Or Not Shown On The Drawings. 8. Support Piping Independently At Pumps And Similar Locations, So That Weight Of Pipe Will Not Be Supported By The Equipment. 9. Pipe The Drains From Pump Glands, Drip Pans, Relief Valves, Air Vents, And Similar Locations, To Spill Over An Open Sight Drain, Or Other Acceptable Discharge Point, And Terminate With A Plain End Unthreaded Pipe 6” Above The Drain. 10. Provide Union And Shut Off Valves Suitably Locked To Facilitate Maintenance And Removal Of Equipment And Apparatus. B. Equipment Access : 1. Install Piping Equipment, And Accessories To Permit Access For Maintenance. Relocate Items As Necessary To Provide Such Access, And Without Additional Cost To The Owner. 2. Provide Access Doors Where Valves, Motors Or Equipment Requiring Access For Maintenance Are Located On Walls Or Chases Or Above Ceilings. Coordinate Location Of Access Doors With Other Trades As Required. 4. Cleanouts A. Secure The Architect’s Approval Of Locations For Cleanouts In Finished Areas Prior To Installation. B. Provide Cleanouts Of Same Nominal Size As The Pipes They Serve: Except Where Cleanouts Are Required In Pipes 4” And Larger Provide 4 “cleanouts. 5. Valves A. Provide Valves In Water System. Locate Arrange So As To Give Complete Regulation Of Apparatus, Equipment, And Fixtures. B. Provide Valves In At Least The Following Locations : 1. In Branches And/ Or Headers Of Water Piping Serving Group Fixtures. 2. For Shutoff Risers And Branch Mains. 3. Where Shown On The Drawings. C. Locate Valves For Easy Accessibility And Maintenance. 6. Backflow Prevention A. Protect Plumbing Fixtures, Faucets With Hose Connections, And Other Equipment Having Plumbing Connection, Against Possible Back-siphonage. 7. Plumbing Fixture A. Installation 1. Set Fixtures Level And In Proper Alignment With Respect To Walls And Floors, And With Fixtures Equally Spaced. 2. Provide Supplies In Proper Alignment With Fixtures And With Each Other. 3. Provide Flush Valves In Alignment With The Fixture, Without Vertical Or Horizontal Offsets. Ix. Electrical Works Scope Of Work The Works Include Furnishing Of Labor, Materials, Tools, Equipments And Other Incidentals Necessary To Complete The Project Such As: Electrical Works A. The Work Under This Section Consist Of Furnishing Of Labor, Materials, Equipment, Tools And All Incidentals To Complete And Make Ready For Operating The Electric Power And Lighting System As Indicated In The Electrical Plans For The Project, In Accordance With The Drawing, Specifications And Contract. B. The Work Shall Include The Furnishing And Installation Of The Following, Each Complete And In Proper Operating Condition Unless Otherwise Stated In This Specification. 1. Furnishing And Installing All Necessary Feeder, Subfeeder And Branch Circuit Wires And Cables Necessary With Corresponding Sizes As Indicated In Electrical Plans. 2. Furnishing And Installing All Necessary Electrical Wiring Devices Such As Utilization Outlets, Wall Switches, And Receptacle All Complete With Their Proper Cover Plates. 3. Furnishing And Installing All Necessary Pull Boxes, Junction Boxes, Utility Boxes And Other Type Of Box As Site Condition Requires And /or As Indicated In The Plan. C. All Work Hereunder, Shall Comply With The Latest Edition Of The Philippine Electrical Code Part I, The Rules And Regulation Of The Local Electric Ordinance Of The Locality, The Rules And Regulation Of Local Government Authorities And With The Republic Act 7920 As Applied Or Enforced In The Projects Locality. D. All Installation Work Shall Be Done Under The Direct Supervision Of A Duly Licensed Registered Electrical Engineer As Provided Or Employed By The Contractor. Electricians Undertaking The Actual Installation Shall Be As Trained And Certified By Tesda. E. With Respect To The Rules And Regulation Of The Local Electric Company, It Shall Be The Contractor’s Responsibility To Verify The Point Of Service Entrance And Other Requirement Necessary From The Utility Company For Service Connection. 2.0 Products Conduits, Fittings And Boxes All Wiring Running Under Floor, Underground And Through Concrete Ceiling Or Concrete Partitions Shall Be Thickwallupvc Pipe Conduits. Wiring And Installation Through Wooden Double Wall Partion And Inside Ceiling Shall Be In Upvc Flexible Conduit. In All Cases The Wiring Installation Shall Be Concealed From View. Conduit Shall Not Be Less Than 20mm Diameter. Nominal Diameter For Upvc Flexible Conduit Shall Not Be Less Than 20mm Dia. Or As Indicated In The Plan. All Conduits Fittings Shall Be Of The Same Brand With The Conduit. Proper Connection Between Conduits Shall Be Observed By Using Pvc Solvent Cement Utility And Junction Boxes Shall Be Pvc, Heavy Duty And Deep Type With The Same Brand Of The Conduits. Whenever Necessary Pull Boxes Shall Be Provided Even Not Indicated In The Plan. Pull Boxes And Wire Gutters As Site Condition Would Require Its Installation Shall Be Gauge #18 And Painted With Gray Epoxy Primer Finished In Enamel Gray Paint. Sizes Shall Be Subject For Approval By The Electrical Engineer. All Junction Boxes, Square Boxes And Pull Boxes Shall Be Provided With Corresponding And Appropriate Cover. All Convenience Outlet And Switches Shall Be Flush Mounted And Properly Embedded To The Wall. Mounting Heights Shall Be As Follows: 0.3m Above Floor Finish------------------------c.o. And Auxiliary Outlet 1.4m Above Finish Floor Line-------------------lighting Control Switch 1.7 Above Floor Finish-------------------------panelboard All Other Heights------------------------verify To The Project In Charge All Service Entrance Equipment Such As Panelboards Shall Be Properly Grounded In Accordance With The Provision Of Philippine Electrical Code. 2.1 Wires And Cables A. Minimum Size Of Wire Shall Be 3.5 Sq. Mm For Lighting And Power Lines. B. Unless Otherwise Specified In The Specifications Or Shown In The Drawings, Copper And Thermoplastic Heat Insulated Type “thhn” Wires Shall Be Used To All Branch Circuit Conductors. Wires Shall Be As Recommended By The Electrical Engineer. C. Service Voltage Shall Be Three Phase, Three Wires, 230v, 60 Hertz System. Conductor Tap Shall Be Heavy Duty, All Brass And Copper Split Bolt Type Solderless Connectors And Are Tightened To The Maximum Mechanical Strength And Insulate With Rubber Friction Tapes To Ensure An Insulation Of The Conductors They Join. D. Branch Circuit Splicing And Tapping For Lighting And Power Junction And Utility Boxes Shall Be Done Using Rubber Tape And Must Be Overlay By Electrical Plastic Tape To Limit Moisture Penetration. E. No Splicing Shall Be Permitted Inside The Conduits. Unless Otherwise Site Condition Requires Such Splicing, Proper Boxes Shall Be Provided. F. Branch Circuit Homeruns Shall Not Be Combined In The Same Raceway And Raceway For Auxiliary Line Shall Not Contain Power Lines. 2.2 Lighting Fixtures All Lighting Fixtures Shall Be Brand New, Led And In The Same Type As Indicated In The Plan. Location For Each Must Be Properly Followed. Emergency Light Shall Be Led, Single Convenience Outlet Shall Be Provided In Each As A Power Source. 3.0 Test And Adjustments After The Installation Have Been Completed And When The System Is Ready For Operation, Insulation Resistance Testing And Continuity Test Shall Be Conducted By A Competent And Experienced Engineer To Be Furnished By The Contactor. These Tests Shall Demonstrate The Insulation Level Of The Wirings Detecting Any Presence Of Grounded Installations And Short Circuits. The Contractor Shall Also Furnish All The Instruments Such As Multi-tester And Insulation Resistance Tester To Enable To Carry Out A Comprehensive Test Of The Equipment And System. Section Vii – Schedule Of Drawings Section Viii – Bill Of Quantities Bid No. Sdh-20-1619-b (re-bid) Item Description Quantity Unit Unit Cost Total Cost No. I. Project Billboard & 2.00 Each Pesos Signboard And Ctvs. (p ) / Each P Total For Item I P Ii. Site Works A. Demolition Works 2.94 Sq. M. Pesos (includes Hauling And Disposal Of Debris) And Ctvs. (p ) / Sq. M. P B. Excavation 9.90 Cu. M Pesos And Ctvs. (p ) /cu. M P C. Gravel Bedding 4.00 Cu. M Pesos And Ctvs. (p ) /cu. M P Total For Item Ii P Iii. Concrete Works 6.00 Cu. M Pesos And Ctvs. (p ) /cu. M. P Total For Item Iii P Iv. Reinforcing Steel 688.92 Kg. Pesos Works And Ctvs. (p ) /kg. P Total For Item Iv P Item Description Quantity Unit Unit Cost Total Cost No. V. Masonry Works A. Mansonry Works 40.68 Sq. M. Pesos 4” Chb And Ctvs. (p ) /sq. M. P B Plastering Works 81.36 Sq. M. Pesos And Ctvs. (p ) /sq. M. P Total For Item V P Vi. Architectural Works A. Carpentry Works 1. Closet Cabinet 1.00 Set Pesos (1.2mx2.1mx0.60m) And Ctvs. (p ) /set P 2. Ppe Cabinet 1.00 Set Pesos (1.2mx2.1mx0.60m) And Ctvs. (p ) /set. P B. Tile Works 1. Inlaid Vinyl Floor 126.00 Sq. M Pesos Finish And Ctvs. (p ) /sq. M. P 2. Inlaid Vinyl Wall 203.34 Sq. M Pesos Finish And Ctvs. (p ) /sq. M. P Item Description Quantity Unit Unit Cost Total Cost No. 3. 0.30m X 0.30m 2.25 Sq. M Pesos Rustic Floor Tiles And Ctvs. (p ) /sq. M. P 4. 0.30m X 0.30m 16.20 Sq. M Pesos Polished Wall Tiles And Ctvs. (p ) /sq. M. P 5. 0.60m X 0.60m 3.78 Sq. M. Pesos Rustic Floor Tiles And Ctvs. (p ) /sq. M. P 6 Cove Former 100.00 Lin. M. Pesos And Ctvs. (p ) /lin. M. P C. Steel Works 1.00 Lot Pesos (ramp’s Handrail And Post) And Ctvs. (p ) /lot. P D. Ceiling Works 126.00 Sq. M. Pesos And Ctvs. (p ) /sq. M. P E. Painting Works 135.24 Sq. M Pesos And Ctvs. (p ) /sq. M. P Item Description Quantity Unit Unit Cost Total Cost No. F. Doors And Windows 1. D1-(2.10m X 2.90m) Swing Panel Door W/glass Panels, Kiln Dried Solid Panel Door W/ Stainless Heavy Duty Double 1.00 Set Pesos Action Hinges On 2”x6” Wood Door Jambs, In Tumescent Rubber Strip Door Seal W/ Complete Accessories. And Ctvs. (p ) /set P 2. D2-(1.80m X 2.10m) Swing Panel Door W/ Glass Panels, Kiln Dried Solid Panel Door With 1.00 Set Pesos Stainless Heavy Duty Double Action Hinges On 2”x6” Wood Door Jambs, In Trumescent Rubber Strip Door Seal W/ Complete Accessories. And Ctvs. (p ) /set P 3. D3-(0.80m X 2.10m) Kiln 2.00 Sets Pesos Dried Solid Panel Door W/ 6mm Thk. Clear Fixed Glass And Heavy Duty Door Knob And Hinges On 2 “x6” Wood Door Jambs And Ctvs. (p ) /set P 4. D4-(0.70m X 2.10m) Pocket 1.00 Set Pesos Door, 6mm Thk. Glass Door On Analok Tubular Frame W/2”x4” Aluminum Door Jamb, Heavy Duty Lockset And Ctvs. And Complete Accessories (p ) /set P 5. Window W1-(0.60m X 0.60m) Awning 1.00 Set Pesos Glass Window , 6mm Thk. Sunbronze Glass, On Analok Aluminum Tubular Frame W/ And Ctvs. Complete Accessories. (p ) /set P Total For Item Vi P Item Description Quantity Unit Unit Cost Total Cost No. Vii. Plumbing Works A.) Soil Pipelines Fitting 1. Sanitary Lines & Fitting 1.00 Lot Pesos 3”ø Pvc Sanitary Pipe And Ctvs. (p ) /lot P B. Water Pipelines & Fitting 1.00 Lot Pesos 1”ø Pvc Pipe ½”ø Pvc Pipe And Ctvs. (p ) /lot P C. Fixtures &accessories 1. Shower Set 1.00 Set Pesos And Ctvs. (p ) /set. P 2. Floor Drain 4”ø 1.00 Pc. Pesos And Ctvs. (p ) /pc. P 3. Ceramic Lavatory 1.00 Set Pesos W/ Pedestal & W/ Complete Fittings And Ctvs. (p ) /set. P 4. Faucet 2.00 Pcs. Pesos And Ctvs. (p ) /pc. P Item Description Quantity Unit Unit Cost Total Cost No. 5. 1”ø Gate Valve 2.00 Pcs. Pesos And Ctvs. (p ) /pc. P 6. Misc. & Consumables 1.00 Lot Pesos ( Pipe Solvent , Hose Bibb (brass) Teflon Tape) And Ctvs. (p ) /lot P Total B) P Total For Item Vii P Viii Mechanical Works A. Installation Of Fire Suppression System (automatic Sprinkle) 1. Sprinkler Head ½”ntp, Pendent, Wet 8.00 Pcs. Pesos Type,quick Response 165°f, Bulb Type W/ Escutcheon Plate And Ctvs. (p ) /pc. P 2. Pipe B.i. Pipe Sch. 40, 2.00 Pcs. Pesos 25mm And Ctvs. (p ) /pc. P 3. Pipe B.i. Pipe Sch. 40, 1.00 Pc. Pesos 32 Mm Ø, And Ctvs. (p ) /pc. P 4. Pipe B.i. Elbow Sch.40, 8.00 Pcs. Pesos 25mmø And Ctvs. (p ) /pc. P Item Description Quantity Unit Unit Cost Total Cost No. 5. Pipe B.i. Elbow Sch.40, 2.00 Pcs. Pesos 32mmø, And Ctvs. (p ) /pc. P 6. Pipe B.i. Coupling, 4.00 Pcs. Pesos Sch.40, 25mmø, Flange And Ctvs. (p ) /pc. P 7. Pipe B.i. Coupling, 2.00 Pcs. Pesos Sch.40, 32mmø, Flange And Ctvs. (p ) /pc. P 8. Pipe B.i. Coupling, 10.00 Pcs. Pesos Reducer(threaded) 12mm Ø X 25 Mmø Sch 40 And Ctvs. (p ) /pc. P 9. Pipe B.i. Coupling, 4.00 Pcs. Pesos Reducer(threaded) 25mm Ø X 32 Mmø Sch 40 And Ctvs. (p ) /pc. P 10. Hanger Support, 10.00 Pcs. Pesos 25 Mm Ø And Ctvs. (p ) /pc. P 11 Hanger Support, 8.00 Pcs Pesos 32 Mmø And Ctvs. (p ) /pc. P Item Description Quantity Unit Unit Cost Total Cost No. 12. Misc. & Consumables 1.00 Lot Pesos ( Enamel Paint,gasket, Bolts&nuts,angle Bar Flat Bar, Hanger Rod, And Ctvs. Anchor Gript (p ) /lot. P Total For Item Viii P Ix Electrical Works A. Panel Board 1. Main: 200at,3p,250 1.00 Unit Pesos Vac,60hz,mccb 12kaic And Ctvs. (p ) / Unit P Branches: 2. 30at/100af,3p, 1.00 Unit. Pesos 250vac,3ø Circuit Breaker(10kaic), Bolt-on-type And Ctvs. (p ) / Unit. P 3. 60at/100af,3p,250 1.00 Unit Pesos Vac, 3ø Circuit Breaker (10kaic), Bolt-on-type And Ctvs. (p ) / Unit P 4. 5-holes,1 Main, 4-branches, 1.00 Unit Pesos Panel Board 3ø,nema 1 Enclosure Wall Surface, Mounted,20ka Bus Bracing And Ctvs. With Grounding Terminal (p ) / Unit P Total A P B. Lighting Fixtures 1. 9w Led Square Type 7.00 Pcs. Pesos Wide Beam Angle Dl, Recessed And Ctvs. (p ) / Pc. P 2. 15w Led Square Type 19.00 Pcs. Pesos Wide Beam Angle Dl, Recessed And Ctvs. (p ) /pc. P Item Description Quantity Unit Unit Cost Total Cost No. 3. Emergency Light 7.00 Pcs. Pesos And Ctvs. (p ) / Pc. P Total B P C. Wiring Devices 1. One Gang Switch, 2.00 Sets Pesos Wide Series And Ctvs. (p ) / Set P 2. Three Gang Switch, 4.00 Sets Pesos Wide Series And Ctvs. (p ) / Set P Total C P D. Power Devices 1. Single Receptacle 7.00 Sets Pesos Outlet, Wide Series And Ctvs. (p ) / Set P 2. Duplex Safety 2.00 Sets Pesos Outlet (grounding Type) And Ctvs. (p ) / Set P Total D P E. Wires & Cables 1. 2.0sq.mm. Thhn/ 3.00 Rolls Pesos Thwn Copper Wire And Ctvs. (p ) / Roll P 2. 3.5sq.mm. Thhn/ 5.00 Rolls Pesos Thwn Copper Wire And Ctvs. (p ) / Roll P Item Description Quantity Unit Unit Cost Total Cost No. 3. 5.5sq.mm. Thhn/ 180.00 Meters Pesos Thwn Copper Wire And Ctvs. (p ) / Meter P 4. 14.0sq.mm. Thhn/thtw 180.00 Meters Pesos Copper Wire And Ctvs. (p ) / Meter P 5. 8.0 Sq. Mm. Tw 100.00 Meters Pesos Copper Wire And Ctvs. (p ) / Meter P 6. 100 Sq. Mm. Thw 300.00 Meters Pesos Copper Wire And Ctvs. (p ) / Meter P Total E P F. Conduits & Fittings 1. 20mmø Upvc 1.00 Roll Pesos Flexible Conduit And Ctvs. (p ) / Roll P 2. 20mmø Electrical Pvc 85.00 Lengths Pesos Pipe And Ctvs. (p ) / Length P 3. 25mmø Electrical Pvc 20.00 Lengths Pesos Pipe And Ctvs. (p ) / Length P Item Description Quantity Unit Unit Cost Total Cost No. 4. 50mmø Electrical Pvc 20.00 Length Pesos Moulding And Ctvs. (p ) / Length P 5. 100 Mmø Electrical 3.00 Length Pesos Pvc Pipe And Ctvs. (p ) / Length P Total F P G. Boxes & Pull Boxes With Cover 1. Pvc Utility Box 15.00 Pcs. Pesos (2”x 4”) And Ctvs. (p ) / Pc. P 2. Pvc Octagonal Box 45.00 Pcs. Pesos (4”x 4”) And Ctvs. (p ) / Pc. P 3. Pvc Pull Box 1.00 Pcs. Pesos (4”x 4”) And Ctvs. (p ) / Pc. P Total G P H. Miscellaneous & Consumables Pvc Electrical Tape, Rubber 1.00 Lot Pesos Tapes, Pvc Elbows, Pvc Tees, Tie Wires, Solvent Cement, Pvc Reducer, Solderless And Ctvs. Connections, Expansion (p ) / Lot P . Total H P Total For Item Ix P Total Bid Cost In Figures P Total Bid Cost In Words Summary Of Costs Bid No. Sdh-20-1619-b (re-bid) Proposed Construction/rehabilitation Of Hospital Isolation And Ward Of Sara District Hospital, Sara, Iloilo Item No. Bid Amount I) Project Billboard & Signboard P Ii) Site Works P Iii) Concrete Works P Iv) Reinforcing Steel Works P V) Masonry Works P Vi) Architectural Works P Vii) Plumbing Works P Viii) Mechanical Works P Ix) Electrical Works P Total Bid Amount P Section Ix - Forms Bid Form (bid No. ________) Date: ___________________ Project Identification No. : ___________________ To: Iloilo Provincial Government Address: New Iloilo Provincial Capitol, Iloilo City Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Of Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledge, We, The Undersigned, Declare That: A. We Have No Reservation To The Pbds, Including The Supplemental Or Bid Bulletins, For The Procurement Project: Proposed Construction/rehabilitation Of Hospital Isolation And Ward Of Sara District Hospital, Sara, Iloilo. [name Of Contract] B. We Offer To Execute The Works For This Contract In Accordance With The Pbds; C. The Total Price Of Our Bid In Words & Figures, Excluding Any Discounts Offered Below Is: ________________________________________________________________; D. The Discounts Offered And The Methodology For Their Application Are; ________ E. The Total Bid Price Includes The Cost Of All Taxes, Such As But Not Limited To: ( Specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein And Reflected In The Detailed Estimates. F. Our Bid Shall Be Valid Within The Period Stated In The Pbds, And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period; G. If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of (insert Percentage Amount) Percent The Contract Price For The Due Performance Of The Contract, Or A Performance Securing Declaration In Lieu Of The Allowable Forms Of Performance Security, Subject To The Terms And Conditions Of Issued Gppb Guidelines12 For This Purpose; H. We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; I. We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And J. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. K. We Likewise Certify/confirm That The Undersigned, Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For The Proposed Construction/rehabilitation Of Hospital Isolation And Ward Of Sara District Hospital, Sara, Iloilo. L. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: _________________________________________________________________________ In The Capacity Of: ________________________________________________________________ Signed: ________________________________________________________________________ Duly Authorized To Sign The Bid For And On Behalf Of: _____________________________________ Date: _________________ 12 Currently Based On Gppb Resolution Gppb Resolution No. 16-2020, Dated 16 September 2020 Omnibus Sworn Statement Republic Of The Philippines ) Iloilo City ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisted; 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 Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [ Name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Name Of Bidder Or Its Authorized Representative [insert Signatory’s Legal Capacity) Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice] Gppb Resolution No. 16-2020, Dated 16 September 2020 Performance Securing Declaration (revised) [if Used As An Alternative Performance Security But It Is Not Required To Be Submitted With The Bid, As It Shall Be Submitted Within Ten (10) Days After Receiving The Notice Of Award] Republic Of The Philippines) City Of ______________________) S.s. Performance Securing Declaration Invitation To Bid: [insert Reference Number Indicated In The Bidding Documents] To: [insert Name And Address Of The Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, To Guarantee The Faithful Performance By The Supplier/distributor/manufacturer/contractor/consultant Of Its Obligations Under The Contract. I/we Shall Submit A Performance Securing Declaration Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award Prior To The Signing Of The Contract. 2. I/we Accept That: I/we Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of One (1) Year For The First Offense, Or Two (2) Years For The Second Offense, Upon Receipt Of Your Blacklisting Order If I/we Have Violated My/our Obligations Under The Contract; 3. I/we Understand That This Performance Securing Declaration Shall Cease To Be Valid Upon: A. Issuance By The Procuring Entity Of The Certificate Of Final Acceptance, Subject To The Following Conditions: I. Procuring Entity Has No Claims Filed Against The Contract Awardee; Ii. It Has No Claims For Labor And Materials Filed Against The Contractor; And Iii. Other Terms Of The Contract; Or B. Replacement By The Winning Bidder Of The Submitted Psd With A Performance Security In Any Of The Prescribed Forms Under Section 39.2 Of The 2016 Revised Irr Of Ra No. 9184 S Required By The End-user. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Name Of Bidder Or Its Authorized Representative [insert Signatory’s Legal Capacity) Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice] Gppb Resolution No. 16-2020, Dated 16 September 2020 Checklist Of Bid Requirements Eligibility Documents Checklist Of Bid Requirements Eligibility Documents Class “a” Documents Legal Documents: 1 Registration Certificate From Sec, Department Of Trade And Industry (dti) For Sole Proprietorship Or Cda For Cooperatives, Or Any Proof Of Such Registration. 2 3 4 Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; Tax Clearance Per Executive Order 398, Series Of 2005, As Finally Reviewed And Approved By The Bir 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; For The Type And Cost Of The Contract To Be Bid Technical Documents: 1 2 3 Philgeps Certificate Of Registration (platinum) Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract To Be Bid. Statement Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name & Address (d) Nature Of Work, (e) Contractor’s Role, (f) Total Contract Value, (g) Percentages Of Planned And Actual Accomplishments, And (h) Value Of Outstanding Works. The Statement Shall Be Supported By A Notice Of Award Or Notice To Proceed Issued By The Owner. 4 Statement Of All Single Largest Completed Contract (slcc) Government And Private Contracts. The Statement Shall The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name And Address (d) Nature Of Work, E) Contractor’s Role, And (f) Total Contract Value At Completion. The Statement Shall Be Supported By The Certificates Of Completion And Acceptance Issued By The Owner; Or Constructors Performance Evaluation System (cpes) Rating Sheets & Notice To Proceed Issued By The Owner 5 Nfcc Computation 6 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. 7 8 Bid Security In The Prescribed Form, Amount And Validity Period. Project Requirements, Which Shall Include The Following: Organizational Chart For The Project 1) List Of Contractor’s Personnel (ex., Project Manager, Project Engineers, Materials Engineers, And Foremen, To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Data 2) 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 Duration Of The Project 9 Sworn Statement In Accordance W/ Section 25.3(b)(iv) Of The Irr Of Ra 9184 & Using The Prescribed Form. Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Financial Documents Financial Bid Form In Accordance With The Issued Form. Includes Bid Prices & Bill Of Quantities As Well As Applicable Price Schedule Unit Cost Analysis Note: Use Our Prescribed Forms Issued. List Of All Ongoing Government & Private Construction Contracts Including Contracts Awarded But Not Yet Started Business Name : Business Address : Name Of Contract Owner’s Name Contractors Date Awarded % Outstanding Location Address Nature Of Work Role Date Started Accomplished Value Of Project Cost Tel. No. Description % Date Of Completion Actual Planned Works Government Private Note : This Statement Shall Be Supported With: Total Cost 1. Notice Of Award And/or Contract 2. Notice To Proceed Issued By The Owner Submitted By : ______________________________________ (print Name And Signature) Designation : ______________________________________ Date : ______________________________________ List Of The Completed Government & Private Construction Contracts Which Are Similar In Nature Including Single Largest Completed Contract (slcc) Business Name : Business Address : Name Of Contract Owner’s Name Contractors Role Amount At Award Date Awarded Location Address Nature Of Work Amt. At Completion Contract Effectivity Project Cost Tel. No. Description % Duration Date Completed Government Private Note : This Statement Shall Be Supported With: 1. Contract 2. Certificate Of Final Acceptance 3. Cpes Rating Sheet If Applicable Submitted By : ______________________________________ (print Name And Signature) Designation : ______________________________________ Date : ______________________________________ Qualification Of Key Personnel Proposed To Be Assigned To The Contract Business Name : ___________________________________________ Business Address : ___________________________________________ Required Personnel Positions (i.e. Project Engineer, Materials, Engineer, Etc.) 1. Name 2. Address 3. Date Of Birth 4. Employed Since 5. Experience 6. Previous Employment 7. Education 8. Prc License Submitted By : ______________________________________ (print Name And Signature) Designation : ______________________________________ Date : ______________________________________ List Of Equipment, Owned Or Leased And/or Under Purchase Agreements, Pledged To The Proposed Contract Business Name : ___________________________________________ Business Address : ___________________________________________ Description Model/year Capacity/ Plate No. Motor No./ Location Proof Of Ownership/ Performance/size Body No. Lessor Or Vendor A. Owned I. Ii. Iii. Iv. B. Leased I. Ii. Iii. Iv. C. Under Purchase Agreement I. Ii. Iii. Iv. Submitted By : ______________________________________ (print Name And Signature) Designation : ______________________________________ Date : ______________________________________ Bid Securing Declaration Form Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Project Identification 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 Procurement Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. [insert Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Affiant (jurat) (format Shall Be Based On The Latest Rules On Notarial Practice) Gppb Resolution No. 16-2020, Dated 16 September 2020