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Agr-24-1408-b Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo , Construction Projects ,province Of Iloilo
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Description Philippine Bidding Documents (as Harmonized With Development Partners) Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo Bid No. Agr-24-1408-b Iloilo Provincial Government Sixth Edition Table Of Contents Glossary Of Terms, Abbreviations, And Acronyms 4 Section I. Invitation To Bid 7 Section Ii. Instructions To Bidders 9 1. Scope Of Bid 9 2. Funding Information 9 3. Bidding Requirements 9 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices 9 5. Eligible Bidders 10 6. Origin Of Associated Goods 10 7. Subcontracts 10 8. Pre-bid Conference 10 9. Clarification And Amendment Of Bidding Documents 10 10. Documents Comprising The Bid: Eligibility And Technical Components 11 11. Documents Comprising The Bid: Financial Component 11 12. Alternative Bids 11 13. Bid Prices 12 14. Bid And Payment Currencies 12 15. Bid Security 12 16. Sealing And Marking Of Bids 12 17. Deadline For Submission Of Bids 12 18. Opening And Preliminary Examination Of Bids 13 19. Detailed Evaluation And Comparison Of Bids 13 20. Post Qualification 13 21. Signing Of The Contract 13 Section Iii. Bid Data Sheet 14 Section Iv. General Conditions Of Contract 16 1. Scope Of Contract 16 2. Sectional Completion Of Works 16 3. Possession Of Site 16 4. The Contractor’s Obligations 16 5. Performance Security 17 6. Site Investigation Reports 17 7. Warranty 17 8. Liability Of The Contractor 17 9. Termination For Other Causes 17 10. Dayworks 18 11. Program Of Work 18 12. Instructions, Inspections And Audits 18 13. Advance Payment 18 14. Progress Payments 18 15. Operating And Maintenance Manuals 18 Section V. Special Conditions Of Contract 19 Section Vi. Specifications 20 Section Vii. Drawings 35 Section Viii. Bill Of Quantities 36 Section Ix. Checklist Of Technical And Financial Documents 38 Glossary Of Terms, Abbreviations, And Acronyms Abc – Approved Budget For The Contract. Arcc – Allowable Range Of Contract Cost. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Cda – Cooperative Development Authority. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Contractor – Is A Natural Or Juridical Entity Whose Proposal Was Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. Contractor As Used In These Bidding Documents May Likewise Refer To A Supplier, Distributor, Manufacturer, Or Consultant. Cpi – Consumer Price Index. Dole – Department Of Labor And Employment. Dti – Department Of Trade And Industry. Foreign-funded Procurement Or Foreign-assisted Project – Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Pcab – Philippine Contractors Accreditation Board. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Un – United Nations. Republic Of The Philippines Iloilo Provincial Government Section I. Invitation To Bid For Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo Bid No. Agr-24-1408-b 1. The Iloilo Provincial Government, Through The 20% Nta Fy 2024 – Water Supply Intends To Apply The Sum Of Five Million Pesos (p 5,000,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Agr-24-1408-b For The Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo For The Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Completion Of The Works Is Required One Hundred Sixty-five 165 Calendar Days. Bidders Should Have Completed A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. 4. Interested Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines And Inspect The Bidding Documents At The Address Given Below From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On September 26, 2024 From Given Address And Website/s Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Thousand Pesos (p5, 000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On October 08, 2024, 9:00 A.m. At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines, And/or Through Videoconferencing/webcasting Via Zoom Conference Which Shall Be Open To Prospective Bidders. The Default Meeting Id And Password Shall Be: Meeting Id: 4340851724 // Password: 0922 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before October 22, 2024, 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On October 22, 2024, 9:00 A.m. At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Head, Bac Secretariat 5f New Iloilo Provincial Capitol Bonifacio Drive, Iloilo City Tel. No. (33) 336-0736 Fax No. (33) 337-7731 Email: Ipg_bacs@yahoo.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Www.iloilo.gov.ph September 18, 2024 Atty. Dennis T. Ventilacion Bac Chairperson Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Invites Bids For The Construction Of Water Impounding At Brgy. Acuit, Barotac Nuevo, Iloilo, With Project Identification Number Agr-24-1408-b. The Procurement Project (referred To Herein As “project”) Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of Five Million Pesos (p 5,000,000.00) 2.2. The Source Of Funding Is: A. 20% Nta Fy 2024 – Water Supply 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Office, 5th Floor, New Iloilo Provincial Capitol, Iloilo City And/or Through Videoconferencing As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. In Joint Ventures, A Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project, Shall Be Required. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 918 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until February 19, 2025. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: A) Construction Of Small Farm Reservoir 7.1 The Procuring Entity Has Prescribed That Subcontracting Is Not Allowed. 10.3 [specify If Another Contractor License Or Permit Is Required.] 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: Key Personnel General Experience Relevant Experience 1-project Engineer 1 Year 1 Year 1-health & Safety Officer 1 Year 1 Year 1-foreman 1 Year 1 Year 1-skilled Laborer 1 Year 1 Year 1-unskilled Laborer 1 Year 1 Year 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Heavy Equipment Prime Mover - 1 Dump Truck - 1 Backhoe - 1 12 Alternative Bids Are Not Allowed 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 19.2 Partial Bid Is Not Allowed 20 No Further Instructions. 21 The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: A. Construction Schedule And S-curve; B. Manpower Schedule; C. Construction Methods; D. Equipment Utilization Schedule; E. Construction Safety And Health Program Approved By The Department Of Labor And Employment; And F. Pert/cpm Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 4.1. The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 4.2. If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 5. Performance Security 5.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 5.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Ra No. 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 6. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 7. Warranty 7.1. In Case The Contractor Fails To Undertake The Repair Works Under Section 62.2.2 Of The 2016 Revised Irr, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property(ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 7.2. The Warranty Against Structural Defects/failures, Except That Occasioned-on Force Majeure, Shall Cover The Period From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. Specific Duration Of The Warranty Is Found In The Scc. 8. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 9. Termination For Other Causes Contract Termination Shall Be Initiated In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before, Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Stated In Itb Clause 4. 10. Dayworks Subject To The Guidelines On Variation Order In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 11. Program Of Work 11.1. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval The Said Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. The Submissions Of The Program Of Work Are Indicated In The Scc. 11.2. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 12. Instructions, Inspections And Audits The Contractor Shall Permit The Gop Or The Procuring Entity To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Of The Gop Or The Procuring Entity, As May Be Required. 13. Advance Payment The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum, Or At The Most Two Installments According To A Schedule Specified In The Scc, Subject To The Requirements In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 14. Progress Payments The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15. Operating And Maintenance Manuals 15.1. If Required, The Contractor Will Provide “as Built” Drawings And/or Operating And Maintenance Manuals As Specified In The Scc. 15.2. If The Contractor Does Not Provide The Drawings And/or Manuals By The Dates Stated Above, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 2 As Per Construction Schedule/contract Period 3.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contracts. 6 No Further Instructions 7.2 [in Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures:] Five (5) Years. 10 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. 11.1 No Further Instructions 11.2 No Further Instructions 13 The Amount Of The Advance Shall Not Exceed 15% Of The Total Contract Price. 14 Materials And Equipment Delivered On The Site But Not Completely Installed Or Constructed Shall Not Be Included For Payment. 15.1 The Date By Which Operating And Maintenance Manuals Are Required Shall Be At Least 5 Days Before The Testing And Commissioning. The Date By Which “as Built” Drawings Are Required Prior To The Final Billing. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is 1% Of The Final Contract Amount. Section Vi. Specification General Requirements All Works To Be Done Shall Be With First Class Workmanship And Shall Conform To The 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 Agriculturist Is Reserved The Right 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 Miscellaneous Survey And Staking, Project Billboard / Signboard, Mobilization/demobilization And Surplus Common Excavation. Part A - General Condition A. The Works To Be Done Herein Shall Be The Construction Of Water Impounding As Of Approved And Of Quality Materials Completed As Per Plans, Details And Specifications. Supervision Of The Work Shall Be Done Under The Responsibility Of The Project Engineer With The Help Of The Construction Foreman. B. All Materials Employed And To Be Used In The Construction Shall Be Brand New, Unless Otherwise Or As Directed And Approved By The Project Engineer. C. Skilled Workmen And Workmanship Subject To Project Engineer’s Approval Shall Perform Methods Of The Construction In The Most Acceptable Manner. D. The Drawings Referred To In The Specifications Including Supplementary One, To Be Furnished As The Work Progress Are Intended To Cooperate With The Specification And To Form Part Hereof. Where Figures Are Given, They Are To Be Followed In Performance To Measurement By Scale. E. The Assigned Engineer Or Construction Foreman Shall Lay – Out The Building In Accordance With The Drawings And Directions On Plans As He Shall Not Only Responsible But Liable For Any Failure To Comply In This Respect With The Said Drawings, Specifications And Directions For Its Due And Accurate Location On The Lot. Part B – Other General Requirements B.1 Mobilization And Demobilization The Work Consists Of The Mobilization And Demobilization Of The Contractor’s Forces And Equipment Necessary For Performing The Work Required Under The Contract. It Does Not Include Mobilization And Demobilization For Specific Items Of Work In Fulfilling The Contract Requirements For The Commencement Of Work. B.1.1 Equipment And Material Mobilization Shall Include All Activities And Associated Costs For Transportation Of Contractor’s Personnel, Equipment, And Operating Supplies To The Site; Establishment Of Offices, Buildings, And Other Necessary General Facilities For The Contractor’s Operations At The Site. B.1.2 Demobilization Demobilization Shall Include All Activities And Associated Costs For Transportation Of Personnel, Equipment, And Supplies Not Required Or Included In The Contract From The Site; Including The Disassembly, Removal, And Site Cleanup Of Offices, Buildings, And Other Facilities Assembled On The Site Specifically For This Contract. B.2 Offices, Shops, Stores And Workmen’s Accommodation For Contractor The Contractor Shall Provide And Maintain Such Offices, Stores, Workshops Latrines, Housing And Messing Accommodations As Are Necessary, These Shall Be Located In The Contractor’s Compound, Distinct And Separate From The Engineer’s Compound. The Location, Dimensions And Layout Of Such Buildings And Places Shall Be Subject To The Approval Of The Engineer. The Contractor Shall Not Be Permitted To Erect Temporary Buildings Or Structures On The Site Without The Specific Permission In Writing Of The Engineer Including Approval Of The Dimensions Of Such Buildings Or Structures. Before The Commencement Of The Period Of Warranty, The Contractor Shall Fence Off The Contractor’s Store Area From The Rest Of The Site. By The End Of The Period Of Warranty, The Contractor Shall Remove This Fence, Clear All Buildings And Grade The Area As Required By The Engineer. B.2.1 Measurement And Payment Work Prescribed In Section B.2 Shall Not Be Measured And Paid Separately; Same Shall Be Deemed To Be Included In Pay Items For Other Items For Work. B.3 Medical Room And First Aid Facilities 1. The Contractor Shall Provide And Maintain Throughout The Duration Of The Contract A Medical Room Together With All Necessary Supplies To Be Sited In The Contractor’s Main Area. The Medical Room Shall Be Waterproof; It Could Be A Building Or Room Designated And Used Exclusively For The Purpose. It Shall Have A Floor Area Of At Least 15 Square Meters And A Glazed Window Area Of At Least 2 Square Meters. 2. The Contractor Shall Employ Permanently On The Site A Fully Trained Medical Aide, Who Shall Be Engaged Solely On Medical Duties. 3. The Location Of The Medical Room And Any Other Arrangements Shall Be Made Known To All Employees By Posting On Prominent Locations Suitable Notices In The Site. 4. The Contractor’s Arrangement To Comply With This Section Shall Be Subject To The Approval Of The Engineer And Also To The Approval Of Any Qualified Medical Officer Designated By The Government To Supervise Medical Arrangements On The Site. B.4 – Construction Survey And Staking B.4.1 Description This Item Shall Consist Of Furnishing The Necessary Equipment And Material To Survey, Stake, Calculate, And Record Data For The Control Of Work In Accordance With This Specification And In Conformity With The Lines, Grades And Dimensions Shown On The Plans Or As Established By The Engineer. B.4.2 Construction Requirements B.4.2.1 General Staking Activities Shall Be Included In The Construction Schedule To Be Submitted By The Contractor. Dates And Sequence Of Each Staking Activity Shall Be Included. The Engineer Shall Set Initial Reference Lines, Horizontal And Vertical Control Points, And Shall Furnish The Data For Use In Establishing Control For The Completion Of Each Element Of The Work. Data Relating To Horizontal And Vertical Alignments, Theoretical Slope Stake Catch Points, And Other Design Data Shall Be Furnished. The Contractor Shall Be Responsible For The True Settling Of The Works On Improvements And For Correctness Of Positions, Levels, Dimensions And Alignment Of All Parts Of The Works. He Shall Provide All Necessary Instruments, Appliances, Materials And Supplies, And Labor In Connection Therewith. The Contractor Shall Provide A Survey Crew Supervisor At The Project Site Whenever Surveying/staling Activity Is In Progress. Prior To Construction, The Engineer Shall Be Notified Of Any Missing Initial Reference Lines, Controls, Points, Or Stakes. The Engineer Shall Reestablish Missing Initial Reference Lines, Controls, Points, Or Stakes. The Contractor For Convenient Use Of Government-furnished Data Shall Perform Additional Calculations. Immediate Notification Of Apparent Errors In The Initial Staking Or In The Furnished Data Shall Be Provided. All Initial Reference And Control Points Shall Be Preserved. At The Start Of Construction, All Destroyed Or Disturbed Initial Reference Or Control Points Necessary To The Work Shall Be Replaced. Before Surveying And Staking, The Contractor Shall Discuss And Coordinate The Following With The Engineer: 1. Surveying And Staking Methods 2. Stake Marking/concrete Monuments 3. Grade Control For Courses Of Material 4. Referencing 5. Structure Control 6. Any Other Procedures And Controls Necessary For The Work Established Controls Shall Be Within The Tolerances Shown In Table 1. Table 1: Construction Survey And Staking Tolerances (1) Staking Phase Horizontal Vertical Existing Government Network Control Points ±20mm ±8mm X √k2 Local Supplemental Control Points Set From Existing Government Network Points ±10mm ±10mm X √n3 Centerline Points (4) – (pc), (pt), (pot), And (pac) Including References ±10mm ±10mm Other Centerline Points ±50mm ±50mm Cross-section Points And Slope Stakes (5) ±50mm ±50mm Slope Stakes References ±50mm ±50mm Culverts, Ditches, And Minor Drainage Structures ±50mm ±20mm Retaining Walls And Curb And Gutter ±20mm ±10mm Bridge Substructures ±10mm (6) ±10mm Bridge Superstructures ±10mm (6) ±10mm Clearing And Grubbing Limits ±500mm Roadway Subgrade Finish Stakes (7) ±50mm ±10mm Roadway Finish Grade Stakes (7) ±50mm ±10mm (1) At 95% Confidence Level. Tolerances Are Relative To Existing Government Network Control Points. (2) K Is The Distance In Kilometers. (3) N Is The Number Of Instruments Setups. (4) Centerline Points: Pc – Point Of Curve, Pt – Point Of Tangent, Pot – Point On Tangent, Poc – Point On Curve. (5) Take The Cross-sections Normal To The Centerline +1 Degree. (6) Bridge Control Is Established As Local Network And The Tolerances Are Relative To That Network. (7) Include Pave Ditches. The Contractor Shall Prepare Field Notes In An Approved Format. All Field Notes And Supporting Documentation Shall Become The Property Of The Government Upon Completion Of The Work. Work Shall Only Be Started After Staking For The Affected Work Is Accepted. The Construction Survey And Staking Work May Be Spot-checked By The Engineer For Accuracy, And Unacceptable Portions Of Work May Be Rejected. Rejected Work Shall Be Resurveyed, And Work That Is Not Within The Tolerances Specified In Table 1 Shall Be Corrected. Acceptance Of The Construction Staking Shall Not Relieve The Contractor Of Responsibility For Correcting Errors Discovered During The Work And For Bearing All Additional Costs Associated With The Error, Unless Such Error Is Based On Incorrect Data Supplied In Writing By The Engineer, In Which Case, The Expense In Rectifying The Same Shall Be At The Expense Of The Government. In The Case Of “change” Or “changed Conditions” Which Involve Any Change In Stakeout, The Contractor Shall Coordinate With The Engineer And Facilitate The Prompt Reestablishment Of The Field Control For The Altered Or Adjusted Work. All Flagging, Lath, Stakes, And Other Staking Materials Shall Be Removed And Disposed After The Project Is Completed. B.4.2.2 Equipment Survey Instruments And Supporting Equipment Capable Of Achieving The Specified Tolerances Shall Be Furnished. Acceptable Tools, Supplies, And Stakes Of The Type And Quality Normally Used In Highway Survey Work And Suitable For The Intended Use Shall Be Furnished. Stakes And Hubs Of Sufficient Length To Provide A Solid Net In The Ground With Sufficient Surface Area Above Ground For Necessary Legible Markings Shall Also Be Furnished. B.4.2.3 Survey And Staking Requirements All Survey, Staking, Recording Data, And Calculations Necessary To Construct The Project From The Initial Layout To Final Completion Shall Be Performed. Stakes Shall Be Reset As Many Times As Necessary To Construct The Work. 1. Control Points Established Initial Horizontal And Vertical Control Points In Conflict With Construction Shall Be Relocated To Areas That Will Not Be Disturbed By Construction Operations. The Coordinates And Elevations For The Relocated Points Shall Be Furnished Before The Initial Points Are Disturbed. 2. Roadway Cross-sections Roadway Cross-sections Shall Be Taken Normal Or Perpendicular To The Centerline. When The Centerline Horizontal Curve Radius Is Less Than Or Equal To 150 Meters And Vertical Parabolic Curve Radius Is Less Than Or Equal To 100 Meters, Cross-sections Shall Be Taken At A Maximum Centerline Spacing Of 10 Meters. When The Centerline Horizontal Curve Radius Is Greater Than 150 Meters And Vertical Parabolic Curve Radius Is Greater Than 100 Meters, Cross-sections Shall Be Taken At A Maximum Centerline Spacing 20 Meters. Additional Cross-sections Shall Be Taken At Significant Breaks In Topography And At Changes In The Typical Roadway Section Including Transition Change To Super Elevated Sections. Along Each Cross-section, Points Shall Be Measured And Recorded At Breaks In Topography And At Changes In Typical Roadway Section Including Transition Change To Super Elevated Sections And Shall Be No Further Apart Than 5 Meters. Points Shall Be Measured And Recorded To At Least The Anticipated Slope Stake And Reference Locations. All Cross-section Distances Shall Be Reduced To Horizontal Distances From Centerline. 3. Slope Stakes And References Slope Stakes And References Shall Be Set On Both Sides Of Centerline At The Cross-section Locations. Slope Stakes Shall Be Established In The Field As The Actual Point Of Intersection Of The Design Roadway Slope With The Natural Ground Line. Slope Stake References Shall Be Set Outside The Clearing Limits. All Reference Point And Slope Stake Information Shall Be Included On The Reference Stakes. When Initial References Are Provided, Slope Stakes May Be Set From These Points With Verification Of The Slope Stake Location With Field Measurements. Slope Stakes On Any Section That Do Not Match With The Staking Report Within The Tolerances Established In Table 1 Shall Be Recatched. Roadway Cross-section Data Shall Be Taken Between Centerline And The New Slope Stake Location. Additional References Shall Be Set Even When The Initial References Are Provided. 4. Clearing And Grubbing Limits Clearing And Grubbing Limits Shall Be Set Both Sides Of Centerline At Roadway Cross-section Locations, Extending One (1) Meter Beyond The Toe Of The Fill Slopes Or Beyond Rounding Of Cut Slopes As The Case Maybe For The Entire Length Of The Project Unless Otherwise Shown On The Plans Or As Directed By The Engineer. 5. Centerline Reestablishment Centerline Shall Be Reestablished From Instrument Control Points. The Maximum Spacing Between Centerline Points Shall Be 10 Meters When The Centerline Horizontal Curve Radius Is Less Than Or Equal To 150 Meters And Vertical Parabolic Curve Radius Is Less Than Or Equal To 100 Meters. When The Centerline Horizontal Curve Radius Is Greater Than 150 Meters And Vertical Parabolic Curve Radius Is Greater Than 100 Meters, The Maximum Distance Between Centerline Points Shall Be 20 Meters. 6. Grade Finishing Stakes Grade Finishing Stakes Shall Be Set For Grade Elevations And Horizontal Alignment, At The Centerline And At Each Shoulder Of Roadway Cross-section Locations. Stakes Shall Be Set At The Top Of Subgrade And The Top Of Each Aggregate Course. Where Turnouts Are Constructed, Stakes Shall Be Set At The Centerline, At Each Normal Shoulder, And At The Shoulder Of The Turnout. In Parking Areas, Hubs Shall Be Set At The Centerline And Along The Edges Of The Parking Area. Stakes Shall Be Set At All Ditches To Be Paved. The Maximum Longitudinal Spacing Between Stakes Shall Be 10 Meters When The Centerline Horizontal Curve Radius Is Less Than Or Equal To 150 Meters And Vertical Parabolic Curve Radius Is Less Than Or Equal To 100 Meters. When The Centerline Horizontal Curve Radius Is Greater Than 150 Meters And Vertical Parabolic Curve Radius Is Greater Than 100 Meters, The Maximum Longitudinal Spacing Between Stakes Shall Be 20 Meters. The Maximum Transverse Spacing Between Stakes Shall Be 5 Meters. Brushes Or Guard Stakes Shall Be Used At Each Stake. 7. Culverts Culverts Shall Be Staked To Fit Field Conditions. The Location Of Culverts May Differ From The Plans. The Following Shall Be Performed: A. Survey And Record The Ground Profile Along The Culvert Centerline Including Inlet And Outlet Channel Profile Of At Least 10 Meters And As Additionally Directed By The Engineer So As To Gather All Necessary Data For The Preparation Of Pipe Projection Plan. B. Determine The Slope Catch Points At The Inlet And Outlet. C. Set The Reference Points And Record Information Necessary To Determine Culvert Length And End Treatments. D. Plot Into Scale The Profile Along The Culvert Centerline Reflecting The Natural Ground Elevation, Invert Elevation, The Flow Line, The Roadway Section, And The Size, Length And The Degree Of Elbow Of Culvert, End Treatments, Grade And Other Appurtenances. E. Plot Into Scale The Cross-section Of Inlet And Outlet Channel At Not More Than 5 Meters Interval. F. Submit The Plotted Pipe Projection Plan For Approval Of Final Culvert Length, Alignment And Headwall. G. When The Pipe Projection Plan Has Been Approved, Set Drainage Culvert Structure Survey And References Stakes, And Stake Inlet And Outlet To Make The Structure Functional. 8. Retaining Walls And Other Types Of Slope Protection Works Profile Measurements Along The Face Of The Proposed Wall And 2 Meters In Front Of The Wall Face Shall Be Surveyed And Recorded. Cross-sections Shall Be Taken Within The Limits Designated By The Engineer At Every 5 Meters Along The Length Of The Wall And All Major Breaks In Terrain. For Each Cross-section, Points Shall Be Measured And Recorded Every 5 Meters And At All Major Breaks In Terrain. Adequate References And Horizontal And Vertical Control Points Shall Be Set. 9. Borrow And Waste Site The Work Essential For Initial Layout And Measurement Of The Borrow Or Waste Site Shall Be Performed. A Referenced Baseline, Site Limits, And Clearing Limits Shall Be Established. Initial And Final Cross-sections Shall Be Surveyed And Recorded. 10. Permanent Monuments And Markers All Survey And Staking Necessary To Establish Permanent Monuments And Markers Shall Be Performed. 11. Miscellaneous Survey And Staking All Surveying, Staking, And Recording Of Data Essential For Establishing The Layout And Control Of The Following Shall Be Performed, As Applicable: A. Approach Roads And Trails B. Road Right Of Way And Construction Limit In Accordance With The Approved Parcellary Plan. C. Curb And Gutter D. Guardrail E. Parking Areas F. Paved Waterways And Outfall Structures G. Lined Canals And Other Ditches H. Chutes And Spillways I. Turf Establishment J. Utilities K. Signs, Delineators, And Object Markers L. Pavement Markings B.4.3 Method Of Measurement Construction Survey And Staking Shall Be Measured By The Kilometer. Slope, Reference, And Clearing And Grubbing Stakes Shall Be Measured By The Kilometer. Centerline Establishment Shall Be Measured By The Kilometer. Centerline Reestablishment Shall Be Measured Only One Time. Culvert Survey And Staking Shall Be Measured By The Each. Grade Finishing Stakes Shall Be Measured By The Hour Of Survey Of Work Ordered Or By The Lump Sum. For Miscellaneous Survey And Staking Paid By The Hour, The Minimum Survey Crew Size Shall Be 2 Persons. Time Spent In Making Preparations, Travelling To And From The Project Site, Performing Calculations, Plotting Cross-sections And Other Data, Processing Computer Data, And Other Efforts Necessary To Successfully Accomplish Construction Survey And Staking Shall Not Be Measured Separately But Deemed Included As Subsidiary For Each Of The Pay Item. B.5 – Project Billboard The Contractor Shall Ensure That The Project Site Is Identified With Information Billboard Which Shall Be Erected At The Beginning And Ending Of The Proposed Project. The Layout Of The Billboard Is Cited In Annex 14 Of The Prdp Operations Manual. It Shall Accord To The Specifications Pursuant To The Commission On Audit (coa) Circular No. 2013-004 Issued On January 30, 2013. Annex 14 Project Billboard Coa Billboard Pao Billboard The Billboard’s Specifications Shall Conform To The Following Requirements: A. Tarpaulin, White, 8ft X 8ft (coa) And 4ft X 8ft (pao): B. Resolution: 70 Dpi; C. Font: Helvetica; D. Font Size: Main Information – 3”; E. Sub-information – 1”; F. Font Color: Black; G. Suitable Frame: Rigid Wood Or Steel Frame With Post; And, H. Posting: Outside Display At The Project Location After Award Has Been Made. B.5.1 Measurement The Supply And Erection Of Project Billboard Shall Be In Accordance With Provisions Of This Specification And Shall Be Measured For Payment. B.5.2 Basis Of Payment Payments Shall Be In Accordance With All The Cost Associated With The Compliance Of This Specification And Shall Be Included In The Contractor’s Bid Price. No Additional Or Separate Payment Will Be Made In This Regard As Well As For The Maintenance Of The Billboard. Pay Item Number Description Unit Of Measurement B.5 Project Billboard Each B.8 Traffic Management This Item Shall Provide The Planning And Implementation Of Traffic Plans, This Refers To The Direction, Control And Supervision Of All Vehicular And Pedestrian Traffic Around Construction Zone, To Ensure The Safety Of Construction Workers And The General Public. Traffic Control Measures Shall Include Posting Of Traffic Controllers, Roads Closure, Foothpath Closure, Detours, Signing/speed Reductions And Other Warnings/directional Signage. Part C – Earthwork Item 102 – Excavation 102.1 Description This Item Shall Consist Of Roadway Drainage And Borrow Excavation, And The Disposal Of Material In Accordance With This Specification And In Conformity With The Lines, Grades And Dimensions Shown On The Plans Or Established By The Engineer. 102.1.1 Roadway Excavation Roadway Excavation Will Include Excavation And Grading For Roadways, Parking Areas, Intersections, Approaches, Slope Rounding, Benching, Waterways And Ditches: Removal Of Unsuitable Material From The Roadbed And Beneath Embankment Areas: And Excavating Selected Material Found In The Roadway As Ordered By The Engineer For Specific Use In The Improvement. Roadway Excavation Will Be Classified As “unclassified Excavation”, “rock Excavation”, “common Excavation”, Or “muck Excavation” As Indicated In The Bill Of Quantities And Hereinafter Described. (1) Unclassified Excavation. Unclassified Excavation Shall Consist Of The Excavation And Disposal Of All Materials Regardless Of Its Nature, Not Classified And Included In The Bill Of Quantities Under Other Pay Items. (2) Rock Excavation. Rock Excavation Shall Consist Of Excavation Of Igneous, Sedimentary And Metamorphic Rocks Which Cannot Be Excavated Without Blasting Or The Use Of Rippers, And All Boulders Or Other Detached Stones Each Having A Volume Of 1 Cubic Meter Or More As Determined By Physical Measurements Or Visually By The Engineer. (3) Common Excavation. Common Excavations Shall Consist Of All Excavation Not Included In The Bill Of Quantities Under “rock Excavation” Or Other Pay Items. (4) Muck Excavation. Muck Excavation Shall Consist Of The Removal And Disposal Of Deposits Of Saturated Or Unsaturated Mixtures Of Soils And Organic Matter Not Suitable For Foundation Materials Regardless Of Moisture Content. 102.1.2 Borrow Excavation Borrow Excavation Shall Consist Of The Excavation And Utilization Of Approved Materials Required For The Construction Of Embankments Or For Other Portions Of The Work, And Shall Be Obtained From Approved Sources, In Accordance With Clause 61, Standard Specifications For Public Works And Highways, Volume 1 And The Following: (1) Borrow, Case 1 Borrow Case 1 Will Consist Of Material Obtained From Sources Designated On The Plans Or In The Special Provisions. (2) Borrow, Case 2 Borrow Case 2 Will Consist Of Material Obtaine4d From Sources Provided By The Contractor. The Material Shall Meet The Quality Requirements Determined By The Engineer Unless Otherwise Provided In The Contract. 102.2 Construction Requirements 102.2.1 General When There Is Evidence Of Discrepancies On The Actual Elevations And That Shown On The Plans, A Pre-construction Survey Referred To The Datum Plane Used In The Approved Plan Shall Be Undertaken By The Contractor Under The Control Of The Engineer To Serve As Basis For The Computation Of The Actual Volume Of The Excavated Materials. All Excavation Shall Be Finished To Reasonably Smooth And Uniform Surfaces. No Materials Shall Be Wasted Without Authority Of The Engineer. Excavation Operations Shall Be Conducted So That Material Outside Of The Limits Of Slopes Will Not Be Disturbed. Prior To Excavation, All Necessary Clearing And Grubbing In That Area Shall Have Been Performed In Accordance With Item 100, Clearing And Grubbing. 102.2.2 Conservation Of Topsoil Where Provided For On The Plans Or In The Special Provisions, Suitable Topsoil Encountered In Excavation And On Areas Where Embankment Is To Be Placed Shall Be Removed To Such Extent And To Such Depth As The Engineer May Direct. The Removed Topsoi8l Shall Be Transported And Deposited In Storage Piles At Locations Approved By The Engineer. The Topsoil Shall Be Completely Removed To The Required Depth From Any Designated Area Prior To The Beginning Of Regular Excavation Or Embankment Work In The Area And Shall Be Kept Separate From Other Excavated Materials For Later Use. 102.2.3 Utilization Of Excavated Materials All Suitable Materials Removed From The Excavation Shall Be Used In The Formation Of The Embankment, Subgrade, Shoulders, Slopes, Bedding, And Backfill For Structures, And For Other Purposes Shown On The Plans Or As Directed. The Engineer Will Designate As Unsuitable Those Soils That Cannot Be Properly Compacted In The Embankments. All Unsuitable Materials Shall Be Disposed Of As Shown On The Plans Or As Directed Without Delay To The Contractor. Only Approved Materials Shall Be Used In The Construction Embankments And Backfills. All Excess Materials, Including Rock And Boulders That Cannot Be Used In Embankments Shall Be Disposed Of As Directed. Materials Encountered In Excavation And Determined By The Engineer As Suitable For Topping, Road Finishing, Slope Protection, Or Other Purposes Shall Be Conserved And Utilized As Directed By The Engineer. Borrow Materials Shall Not Be Placed Until After The Readily Accessible Materials From Roadway Excavation Has Been Placed In The Fill, Unless Otherwise Permitted Or Directed By The Engineer. If The Contractor Places More Borrow Than Is Required And Thereby Causes A Waste Of Excavation, The Amount Of Such Waste Wi8ll Be Deducted From The Borrow Volume. 102.2.4 Pre-watering Excavation Areas And Borrow Pits May Be Pre-watered Before Excavating The Material. When Pre-watering Is Used, The Areas To Be Excavated Shall Be Moistened To The Full Depth, From The Surface To The Bottom Of The Excavation. The Water Shall Be Controlled So That The Excavated Material Will Contain The Proper Moisture To Permit Compaction To The Specified Density With The Use Of Standard Compacting Equipment. Pre-watering Shall Be Supplemented Where Necessary, By Truck Watering Units, To Ensure That The Embankment Material Contains The Proper Moisture At The Time Of Compaction. The Contractor Shall Provide Drilling Equipment Capable Of Suitably Checking The Moisture Penetration To The Full Depth Of The Excavation. 102.2.5 Presplitting Unless Otherwise Provided In The Contract, Rock Excavation Which Requires Drilling And Shooting Shall Be Presplit. Presplitting To Obtain Faces In The Rock And Shale Formations Shall Be Performed By: (1) Drilling Holes At Uniform Intervals Along The Slope Lines, (2) Loading And Stemming The Holes With Appropriate Explosives And Stemming Material, And (3) Detonating The Holes Simultaneously. Prior To Starting Drilling Operations For Presplitting, The Contractor Shall Furnish The Engineer A Plan Outlining The Position Of All Drill Holes Depth Of Drilling, Type Of Explosives To Be Used, Loading Pattern And Sequence Of Firing. The Drilling And Blasting Plan Is For Record Purposes Only And Will Not Absolve The Contractor Of His Responsibility For Using Proper Drilling And Blasting Procedures. Controlled Blasting Shall Begin With A Short Test Section Of A Length Approved By The Engineer. The Test Section Shall Be Presplit, Production Drilled And Blasted And Sufficient Material Excavated Whereby The Engineer Can Determine If The Contractor’s Methods Are Satisfactory. The Engineer May Order Discontinuance Of The Presplitting When He Determines That The Materials Encountered Have Become Unsuitable For Being Presplit. The Holes Shall Be Charged With Explosives Of The Size, Kind, Strength And At The Spacing Suitable For The Formations Being Presplit, And With Stemming Material Which Passes A 9.5 Mm Standard Sieve And Which Has The Qualities For Proper Confinement Of Explosives. The Finished Presplit Slope Shall Be Reasonably Uniform And Free Of Loose Rock. Variance From The True Plane Of The Excavated Backs Slope Shall Not Exceed 300 Mm; However, Localized Irregularities Or Surface Variations That Do Not Constitute A Safety Hazard Or An Impairment To Drainage Courses Or Facilities Will Be Permitted. A Maximum Offset Of 600 Mm Will Be Permitted For A Construction Working Bench At The Bottom Of Each Lift For Use In Drilling The Next Lower Presplitting Pattern. 102.2.6 Excavation Of Ditches, Gutters, Etc. All Materials Excavated From Side Ditches And Gutters, Channel Changes, Irrigation Ditches, Inlet And Outlet Ditches, Toe Ditches, Furrow Ditches And Such Other Ditches As May Be Designated On The Plans Or Staked By The Engineer, Shall Be Utilized As Provided In Subsection 102.2.3. Ditches Shall Conform To The Slope, Grade, And Shape Of The Required Cross-section, With No Projections Of Roots, Stumps, Rock, Or Similar Matter. The Contractor Shall Maintain And Keep Open And Free From Leaves, Sticks, And Other Debris All Ditches Dug By Him Until Final Acceptance Of The Work. Furrow Ditches Shall Be Formed By Plowing A Continuous Furrow Along The Line Staked By The Engineer. Methods Other Than Plowing May Be Used If Acceptable To The Engineer. The Ditches Shall Be Cleaned Out By Hand Shovel Work, By Ditcher, Or By Some Other Suitable Method, Throwing All Loose Materials On The Downhill Side So That The Bottom Of The Finished Ditch Shall Be Approximately 450 Mm Below The Crest Of The Loose Material Piled On The Downhill Side. Hand Finish Will Not Be Required, But The Flow Lines Shall Be In Satisfactory Shape To Provide Drainage Without Overflow. 102.2.7 Excavation Of Roadbed Level Rock Shall Be Excavated To A Depth Of 150 Mm Below Subgrade Within The Limits Of The Roadbed, And The Excavation Backfilled With Material Designated On The Plans Or Approved By The Engineer And Compacted To The Required Density. When Excavation Methods Employed By The Contractor Leave Undrained Pockets In The Rock Surface, The Contractor Shall At His Own Expense, Properly Drain Such Depressions Or When Permitted By The Engineer Fill The Depressions With Approved Impermeable Material. Material Below Subgrade, Other Than Solid Rock Shall Be Thoroughly Scarified To A Depth Of 150 Mm And The Moisture Content Increased Or Reduced, As Necessary, To Bring The Material Throughout This 150 Mm Layer To The Moisture Content Suitable For Maximum Compaction. This Layer Shall Then Be Compacted In Accordance With Subsection 104.3.3. 102.2.8 Borrow Areas The Contractor Shall Notify The Engineer Sufficiently In Advance Of Opening Any Borrow Areas So That The Cross-section Elevations And Measurements Of The Ground Surface After Stripping May Be Taken, And The Borrow Material Can Be Tested Before Being Used. Sufficient Time For Testing The Borrow Material Shall Be Allowed. All Borrow Areas Shall Be Bladed And Left In Such Shape To Permit Accurate Measurements After Excavation Has Been Completed. The Contractor Shall Not Excavate Beyond The Dimensions And Elevations Established, And No Material Shall Be Removed Prior To The Staking Out And Cross-sectioning Of The Site. The Finished Borrow Areas Shall Be Approximately True To Line And Grade Established And Specified And Shall Be Finished, As Prescribed In Clause 61, Standard Specifications For Public Works And Highways, Volume 1. When Necessary To Remove Fencing, The Fencing Shall Be Replaced In At Least As Good Condition As It Was Originally. The Contractor Shall Be Responsible For The Confinement Of Livestock When A Portion Of The Fence Is Removed. 102.2.9 Removal Of Unsuitable Material Where The Plans Show The Top Portion Of The Roadbed To Be Selected Topping, All Unsuitable Materials Shall Be Excavated To The Depth Necessary For Replacement Of The Selected Topping To The Required Compacted Thickness. Where Excavation To The Finished Graded Section Results In A Subgrade Or Slopes Of Unsuitable Soil, The Engineer May Require The Contractor To Remove The Unsuitable Material And Backfill To The Finished Graded Section With Approved Material. The Contractor Shall Conduct His Operations In Such A Way That The Engineer Can Take The Necessary Cross-sectional Measurements Before The Backfill Is Placed. The Excavation Of Muck Shall Be Handled In Manner That Will Not Permit The Entrapment Of Muck Within The Backfill. The Material Used For Backfilling Up To The Ground Line Or Water Level, Whichever Is Higher, Shall Be Rock Or Other Suitable Granular Material Selected From The Roadway Excavation, If Available. If Not Available, Suitable Material Shall Be Obtained From Other Approved Sources. Unsuitable Material Removed Shall Be Disposed Of In Designated Areas Shown On The Plans Or Approved By The Engineer. 102.3 Method Of Measurement The Cost Of Excavation Of Material Which Is Incorporated In The Works Or In Other Areas Of Sill Shall Be Deemed To Be Included In The Items Of Work Where The Material Is Used. Measurement Of Unsuitable Or Surplus Material Shall Be The Net Volume In Its Original Position. For Measurement Purposes, Surplus Suitable Material Shall Be Calculated As The Difference Between The Net Volumes Of Suitable Material Required To Be Used In Embankment Corrected By Applying Shrinkage Factor Or A Swell Factor In Case Of Rock Excavation, Determined By Laboratory Tests To Get Its Original Volume Measurement, And The Net Volume Of Suitable Material From Excavation In The Original Position. Separate Pay Items Shall Be Provided For Surplus Common, Unclassified And Rock Material. The Contractor Shall Be Deemed To Have Included In The Contract Unit Prices All Costs Of Obtaining Land For The Disposal Of Unsuitable Or Surplus Material. Section Vii. Drawings Annex A – Architectural Design Annex B- Project Billboard Plan Section Viii. Bill Of Quantities Bid No. Agr- 24-1408-b Item Description Quantity Unit Unit Cost Total Cost No. B.4 (10) Miscellaneous Survey And Staking 1.00 L.s. Pesos And Ctvs. (p ) / L.s. P B.5 Project Billboard / Signboard 4.00 Each Pesos And Ctvs. (p ) / Each P B.9 Mobilization/demobilization 1.00 L.s. Pesos And Ctvs. (p ) / L.s. P 102 (2) Surplus Common Excavation 46,338.38 Cu.m. Pesos And Ctvs. (p ) / Cu.m P Total Bid Cost In Figures P Total Bid Cost In Words Summary Of Costs Item No. Bid Amount B.4 (10) Miscellaneous Survey And Staking ₱ _____________________________ B.5 Project Billboard / Signboard ₱ _____________________________ B.9 Mobilization/demobilization ₱ _____________________________ 102 (2) Surplus Common Excavation ₱ _____________________________ Total Bid Amount ₱ _____________________________ Section Ix. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures; And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (h) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc). Class “b” Documents ⬜ (i) If Applicable, Duly Signed Joint Venture Agreement (jva) In Accordance With Ra No. 4566 And Its Irr In Case The Joint Venture Is Already In Existence; Or 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. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (k) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (l) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ Cash Flow By Quarter. Bid Form For The Procurement Of Infrastructure Projects [shall Be Submitted With The Bid] Bid Form Date : Project Identification No. : To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Declare That: A. We Have No Reservation To The Pbds, Including The Supplemental Or Bid Bulletins, For The Procurement Project: [insert 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 And Figures, Excluding Any Discounts Offered Below Is: [insert Information]; D. The Discounts Offered And The Methodology For Their Application Are: [insert Information]; 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 A 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 Of 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 [name Of Project] Of The [name Of The Procuring Entity]. 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: Legal Capacity: Signature: Duly Authorized To Sign The Bid For And Behalf Of: Date Bid Securing Declaration Form [shall Be Submitted With The Bid If Bidder Opts To Provide This Form Of Bid Security] Republic Of The Philippines) City Of ) S.s. Bid Securing Declaration Project Identification No.: [insert 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 No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: A. Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; B. I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And C. I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This Day Of [month] [year] At [place Of Execution]. [insert Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice] Omnibus Sworn Statement (revised) [shall Be Submitted With The Bid] Republic Of The Philippines ) City/municipality Of ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This Day Of , 20 At , Philippines. [insert Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice]
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