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Details: 5. Project Number (if Applicable) code 7. Administered By 2. Amendment/modification Number code 6. Issued By 8. Name And Address Of Contractor 4. Requisition/purchase Req. Number 3. Effective Date 9a. Amendment Of Solicitation Number 9b. Dated page Of Pages 10a. Modification Of Contract/order Number 10b. Dated bpa No. 1. Contract Id Code facility Code code offers Must Acknowledge Receipt Of This Amendment Prior To The Hour And Date Specified In The Solicitation Or As Amended, By One Of The Following Methods: the Above Numbered Solicitation Is Amended As Set Forth In Item 14. The Hour And Date Specified For Receipt Of Offers e. Important: is Extended, (a) By Completing Items 8 And 15, And Returning __________ Copies Of The Amendment; (b) By Acknowledging Receipt Of This Amendment On Each Copy Of The offer Submitted; Or (c) By Separate Letter Or Electronic Communication Which Includes A Reference To The Solicitation And Amendment Numbers. Failure Of Your acknowledgment To Be Received At The Place Designated For The Receipt Of Offers Prior To The Hour And Date Specified May is Not Extended. 12. Accounting And Appropriation Data (rev. 11/2016) is Required To Sign This Document And Return ___________ Copies To The Issuing Office. is Not, a. This Change Order Is Issued Pursuant To: (specify Authority) The Changes Set Forth In Item 14 Are Made In The Contract Order No. In Item 10a. 15c. Date Signed b. The Above Numbered Contract/order Is Modified To Reflect The Administrative Changes set Forth In Item 14, Pursuant To The Authority Of Far 43.103(b). result In Rejection Of Your Offer. If By Virtue Of This Amendment You Desire To Change An Offer Already Submitted, Such Change May Be Made By Letter or Electronic Communication, Provided Each Letter Or Electronic Communication Makes Reference To The Solicitation And This Amendment, And Is Received Prior To the Opening Hour And Date Specified. c. This Supplemental Agreement Is Entered Into Pursuant To Authority Of: d. Other contractor 16c. Date Signed 14. Description Of Amendment/modification 16b. United States Of America except As Provided Herein, All Terms And Conditions Of The Document Referenced In Item 9a Or 10a, As Heretofore Changed, Remains Unchanged And In Full Force And Effect. 15a. Name And Title Of Signer 16a. Name And Title Of Contracting Officer 15b. Contractor/offeror standard Form 30 previous Edition Not Usable prescribed By Gsa - Far (48 Cfr) 53.243 (type Or Print) (type Or Print) (organized By Ucf Section Headings, Including Solicitation/contract Subject Matter Where Feasible.) (number, Street, County, State And Zip Code) (if Other Than Item 6) (specify Type Of Modification And Authority) (such As Changes In Paying Office, Appropriation Date, Etc.) (if Required) (see Item 11) (see Item 13) (x) check one 13. This Item Applies Only To Modifications Of Contracts/orders, it Modifies The Contract/order No. As Described In Item 14. 11. This Item Only Applies To Amendments Of Solicitations amendment Of Solicitation/modification Of Contract (signature Of Person Authorized To Sign) (signature Of Contracting Officer) 1 4 0002 01-16-2025 none 36c250 department Of Veterans Affairs ann Arbor Healthcare System network Contracting Office 10 2215 Fuller Road ann Arbor, Mi 48105 36c250 department Of Veterans Affairs ann Arbor Healthcare System network Contracting Office 10 2215 Fuller Road ann Arbor, Mi 48105 to All Offerors/bidders 36c25025q0149 12-19-2024 x x x 1 see Continuation Page 1. The Purpose Of This Amendment Is To: A. Answer Industry Questions; B. Provide An Updated Statement Of Work (sow), Attached Herein, Which Must Be The Sow Submitted With Any Offer, And; C. Provide A Revised Price Schedule, Attached Herein, Which Must Be The Price Schedule Submitted With Any Offer 2. No Other Changes To The Solicitation Are Made As A Result Of This Amendment. jeannie Ortiz contracting Officer page 33 Of 44 a.1 Price/cost Schedule item Number description Of Supplies/services quantity unit unit Price amount 0001 4.00 mo ___________ ____________ blue Pe1 - Elevator Maintenance, Repairs, Testing & Inspections (warranty Coverage 12/16/2024 Through 12/15/2025) contract Period: Base pop Begin: 12-16-2025 pop End: 03-31-2026 0002 1.00 mo ___________ ____________ blue Pe2 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 03/02/2025 To 03/01/2026) contract Period: Base pop Begin: 03-02-2026 pop End: 03-31-2026 0003 2.00 mo ___________ ____________ blue Pe3 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 05/19/2025 To 05/18/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 05-18-2025 0004 4.00 mo ___________ ____________ blue Pe4 - Maintenance, Repairs, Testing & Inspection (warranty Coverage And Gps 07/17/2025 To 07/16/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 07-16-2025 0005 4.00 mo ___________ ____________ yellow Pe8 - Elevator Maintenance, Repairs, Testing & Inspections (warranty Coverage 12/16/2024 Through 12/15/2025) contract Period: Base pop Begin: 12-16-2025 pop End: 03-31-2026 0006 2.00 mo ___________ ____________ yellow Pe9 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 05/19/2025 To 05/18/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 05-18-2025 0007 1.00 mo ___________ ____________ yellow Pe10 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 03/02/2025 To 03/01/2026) contract Period: Base pop Begin: 03-02-2026 pop End: 03-31-2026 0008 4.00 mo ___________ ____________ red Pe11 - Elevator Maintenance, Repairs, Testing & Inspections (warranty Coverage 12/16/2024 Through 12/15/2025) contract Period: Base pop Begin: 12-16-2025 pop End: 03-31-2026 0009 4.00 mo ___________ ____________ red Pe12 - Maintenance, Repairs, Testing & Inspection (warranty Coverage And Gps 07/17/2025 To 07/16/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 07-16-2025 0010 1.00 mo ___________ ____________ red Pe14 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 03/02/2025 To 03/01/2026) contract Period: Base pop Begin: 03-02-2026 pop End: 03-31-2026 0011 5.00 mo ___________ ____________ blue Se5 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 09/01/2025 To 08/31/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 08-31-2025 0012 5.00 mo ___________ ____________ red Se15 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 09/01/2025 To 08/31/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 08-31-2025 0013 8.00 mo ___________ ____________ blue Se6 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 12/01/2025 To 11/30/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 11-30-2025 0014 8.00 mo ___________ ____________ red Se16 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 12/01/2025 To 11/30/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 11-30-2025 0015 4.00 mo ___________ ____________ blue Fe7 - Maintenance, Repairs, Testing & Inspection (warranty Coverage And Gps 07/17/2025 To 07/16/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 07-16-2025 0016 5.00 mo ___________ ____________ yellow Cl7 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 09/01/2025 To 08/31/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 08-31-2025 0017 8.00 mo ___________ ____________ yellow Cl8 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 12/01/2025 To 11/30/2026) contract Period: Base pop Begin: 04-01-2025 pop End: 11-30-2025 0018 3.00 mo ___________ ____________ blue Ge1 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 07/03/2025 To 07/02/2026) contract Period: Base pop Begin: 04-02-2025 pop End: 07-02-2025 0019 3.00 mo ___________ ____________ red Ge3 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 07/03/2025 To 07/02/2026) contract Period: Base pop Begin: 04-02-2025 pop End: 07-02-2025 0020 7.00 mo ___________ ____________ blue Ge2 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 11/03/2025 To 11/02/2026) contract Period: Base pop Begin: 04-02-2025 pop End: 11-02-2025 0021 7.00 mo ___________ ____________ red Ge2 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 11/03/2025 To 11/02/2026) contract Period: Base pop Begin: 04-02-2025 pop End: 11-02-2025 base Year Total: $ _____________ 1001 12.00 mo ___________ ____________ blue Pe1 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 1 pop Begin: 04-01-2026 pop End: 03-31-2027 1002 12.00 mo ___________ ____________ blue Pe2 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 1 pop Begin: 04-01-2026 pop End: 03-31-2027 1003 11.00 mo ___________ ____________ blue Pe3 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 05/19/2025 To 05/18/2026) contract Period: Option 1 pop Begin: 05-19-2026 pop End: 03-31-2027 1004 9.00 mo ___________ ____________ blue Pe4 - Maintenance, Repairs, Testing & Inspection (warranty Coverage And Gps 07/17/2025 To 07/16/2026) contract Period: Option 1 pop Begin: 07-17-2026 pop End: 03-31-2027 1005 12.00 mo ___________ ____________ yellow Pe8 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 1 pop Begin: 04-01-2026 pop End: 03-31-2027 1006 11.00 mo ___________ ____________ yellow Pe9 - Elevator Maintenance, Repairs, Testing & Inspection (warranty Coverage 05/19/2025 To 05/18/2026) contract Period: Option 1 pop Begin: 05-19-2026 pop End: 03-31-2027 1007 12.00 mo ___________ ____________ yellow Pe10 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 1 pop Begin: 04-01-2026 pop End: 03-31-2027 1008 12.00 mo ___________ ____________ red Pe11 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 1 pop Begin: 04-01-2026 pop End: 03-31-2027 1009 9.00 mo ___________ ____________ red Pe12 - Maintenance, Repairs, Testing & Inspection (warranty Coverage And Gps 07/17/2025 To 07/16/2026) contract Period: Option 1 pop Begin: 07-17-2026 pop End: 03-31-2027 1010 12.00 mo ___________ ____________ red Pe14 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 1 pop Begin: 04-01-2026 pop End: 03-31-2027 1011 7.00 mo ___________ ____________ blue Se5 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 09/01/2025 To 08/31/2026) contract Period: Option 1 pop Begin: 09-01-2026 pop End: 03-31-2027 1012 7.00 mo ___________ ____________ red Se15 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 09/01/2025 To 08/31/2026) contract Period: Option 1 pop Begin: 09-01-2026 pop End: 03-31-2027 1013 4.00 mo ___________ ____________ blue Se6 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 12/01/2025 To 11/30/2026) contract Period: Option 1 pop Begin: 12-01-2026 pop End: 03-31-2027 1014 4.00 mo ___________ ____________ red Se16 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 12/01/2025 To 11/30/2026) contract Period: Option 1 pop Begin: 12-01-2026 pop End: 03-31-2027 1015 9.00 mo ___________ ____________ blue Fe7 - Maintenance, Repairs, Testing & Inspection (warranty Coverage And Gps 07/17/2025 To 07/16/2026) contract Period: Option 1 pop Begin: 07-17-2026 pop End: 03-31-2027 1016 7.00 mo ___________ ____________ yellow Cl7 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 09/01/2025 To 08/31/2026) contract Period: Option 1 pop Begin: 09-01-2026 pop End: 03-31-2027 1017 4.00 mo ___________ ____________ yellow Cl8 - Maintenance, Repairs, Testing & Inspection (warranty Coverage 12/01/2025 To 11/30/2026) contract Period: Option 1 pop Begin: 12-01-2026 pop End: 03-31-2027 1018 9.00 mo ___________ ____________ blue Ge1 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 07/03/2025 To 07/02/2026) contract Period: Option 1 pop Begin: 07-03-2026 pop End: 03-31-2027 1019 9.00 mo ___________ ____________ red Ge3 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 07/03/2025 To 07/02/2026) contract Period: Option 1 pop Begin: 07-03-2026 pop End: 03-31-2027 1020 5.00 mo ___________ ____________ blue Ge2 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 11/03/2025 To 11/02/2026) contract Period: Option 1 pop Begin: 11-03-2026 pop End: 03-31-2027 1021 5.00 mo ___________ ____________ red Ge2 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 11/03/2025 To 11/02/2026) contract Period: Option 1 pop Begin: 11-03-2026 pop End: 03-31-2027 option Year 1 Total: $_____________ 2001 12.00 mo ___________ ____________ blue Pe1 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2002 12.00 mo ___________ ____________ blue Pe2 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2003 12.00 mo ___________ ____________ blue Pe3 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2004 12.00 mo ___________ ____________ blue Pe4 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2005 12.00 mo ___________ ____________ yellow Pe8 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2006 12.00 mo ___________ ____________ yellow Pe9 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2007 12.00 mo ___________ ____________ yellow Pe10 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2008 12.00 mo ___________ ____________ red Pe11 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2009 12.00 mo ___________ ____________ red Pe12 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2010 12.00 mo ___________ ____________ red Pe14 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2011 12.00 mo ___________ ____________ blue Se5 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2012 12.00 mo ___________ ____________ red Se15 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2013 12.00 mo ___________ ____________ blue Se6 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 11-30-2028 2014 12.00 mo ___________ ____________ red Se16 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 11-30-2028 2015 12.00 mo ___________ ____________ blue Fe7 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2016 12.00 mo ___________ ____________ yellow Cl7 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2017 12.00 mo ___________ ____________ yellow Cl8 - Maintenance, Repairs, Testing & Inspection contract Period: Option 2 pop Begin: 04-01-2027 pop End: 11-30-2028 2018 12.00 mo ___________ ____________ blue Ge1 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 07/03/2025 To 07/02/2026) contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2019 12.00 mo ___________ ____________ red Ge3 - Maintenance, Repairs, Testing & Inspections (warranty Coverage 07/03/2025 To 07/02/2026) contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2020 12.00 mo ___________ ____________ blue Ge2 - Maintenance, Repairs, Testing & Inspections contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 2021 12.00 mo ___________ ____________ red Ge2 - Maintenance, Repairs, Testing & Inspections contract Period: Option 2 pop Begin: 04-01-2027 pop End: 03-31-2028 option Year 2 Total: $_____________ 3001 12.00 mo ___________ ____________ blue Pe1 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3002 12.00 mo ___________ ____________ blue Pe2 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3003 12.00 mo ___________ ____________ blue Pe3 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3004 12.00 mo ___________ ____________ blue Pe4 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3005 12.00 mo ___________ ____________ yellow Pe8 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3006 12.00 mo ___________ ____________ yellow Pe9 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3007 12.00 mo ___________ ____________ yellow Pe10 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3008 12.00 mo ___________ ____________ red Pe11 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3009 12.00 mo ___________ ____________ red Pe12 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3010 12.00 mo ___________ ____________ red Pe14 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3011 12.00 mo ___________ ____________ blue Se5 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3012 12.00 mo ___________ ____________ red Se15 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3013 12.00 mo ___________ ____________ blue Se6 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 11-30-2029 3014 12.00 mo ___________ ____________ red Se16 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 11-30-2029 3015 12.00 mo ___________ ____________ blue Fe7 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3016 12.00 mo ___________ ____________ yellow Cl7 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3017 12.00 mo ___________ ____________ yellow Cl8 - Maintenance, Repairs, Testing & Inspection contract Period: Option 3 pop Begin: 04-01-2028 pop End: 11-30-2029 3018 12.00 mo ___________ ____________ blue Ge1 - Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3019 12.00 mo ___________ ____________ red Ge3 - Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3020 12.00 mo ___________ ____________ blue Ge2 - Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 3021 12.00 mo ___________ ____________ red Ge2 - Maintenance, Repairs, Testing & Inspections contract Period: Option 3 pop Begin: 04-01-2028 pop End: 03-31-2029 Option Year 3 Total: $_____________ 4001 12.00 mo ___________ ____________ blue Pe1 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4002 12.00 mo ___________ ____________ blue Pe2 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4003 12.00 mo ___________ ____________ blue Pe3 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4004 12.00 mo ___________ ____________ blue Pe4 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4005 12.00 mo ___________ ____________ yellow Pe8 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4006 12.00 mo ___________ ____________ yellow Pe9 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4007 12.00 mo ___________ ____________ yellow Pe10 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4008 12.00 mo ___________ ____________ red Pe11 - Elevator Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4009 12.00 mo ___________ ____________ red Pe12 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4010 12.00 mo ___________ ____________ red Pe14 - Elevator Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4011 12.00 mo ___________ ____________ blue Se5 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4012 12.00 mo ___________ ____________ red Se15 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4013 12.00 mo ___________ ____________ blue Se6 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 11-30-2030 4014 12.00 mo ___________ ____________ red Se16 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 11-30-2030 4015 12.00 mo ___________ ____________ blue Fe7 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4016 12.00 mo ___________ ____________ yellow Cl7 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4017 12.00 mo ___________ ____________ yellow Cl8 - Maintenance, Repairs, Testing & Inspection contract Period: Option 4 pop Begin: 04-01-2029 pop End: 11-30-2030 4018 12.00 mo ___________ ____________ blue Ge1 - Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4019 12.00 mo ___________ ____________ red Ge3 - Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4020 12.00 mo ___________ ____________ blue Ge2 - Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 4021 12.00 mo ___________ ____________ red Ge2 - Maintenance, Repairs, Testing & Inspections contract Period: Option 4 pop Begin: 04-01-2029 pop End: 03-31-2030 option Year 4 Total: $_____________ base Plus Four Option Year Grand Total: $_____________ answers To Vendor Questions Asked 36c25025q0149 section B. Scope Of Work Oncall And Onsite Schedule a. Please Clarify The Minimum Time Required To Be Included In The Monthly Cost. i. This Section States 50 Hours Of On-call Service (10hours Per Day) 1. Are These Hours In Addition To The 8hrs Per Day Maintenance Requirement For Monday, Wednesday, And Friday 2. 50 On Call Hours Please Clarify If These Hours Are Regular Time Or Overtime Hours. (there Are Cost Differences) answer: On-call Hours Are Regular Time And Separate From On-site Hours On Monday, Wednesday & Friday. There Is No Overtime For Any Services Required Under The Contract. This Is A Firm, Fixed-price Contract, And As Stated In The Sow The Monthly Rate Is To Be All-inclusive Of All Services Required Unless It Is Something Clearly Listed In The Exclusions. section B. Scope Of Work Callback Services a. Does This Section Apply To Elevator Union Holidays As Well? answer: The Only Holidays Recognized/applicable Under This Federal Acquisition Are Federal Holidays A Link To The Federal Holidays At The Opm Website Was Included In The Rfq. See Sow Section B, Item 4, Sub Items A & B For Call-back Services Details. section B. Scope Of Work Callback Services 7 a. This Section States That Cleaning Of Door Tracks Are The Responsibility Of The Contractor. i. Based On The Site Requirements The Elevator Contractor Would Lonely Be Onsite 3 Days A Week And Cannot Monitor The Tracks On A Daily Basis. answer: Item 7 Does Not Identify This As A Daily Requirement, Therefore, The Expectation Is That The Contractor Will Be Responsible For This On The Days They Are There/scheduled To Be There. ii. Can This Be A Shared Responsibility? answer: The Contract Awardee Will Be Required To Do This. iii. Within The Industry, Cleaning Of Door Sills Are The Responsibility Of The Facility. We Check And Monitor When Conducting Maintenance Only. answer: The Sow Is What Drives The Acquisition And Future Contract Contractor Will Be Required To Perform These Services And Follow All Requirements Listed In The Sow. section B. Scope Of Work Callback Services 12 answer: In The Sow, There Is No Callback Services 12 There Is A Sow, Section B, Item 12 Which Is Not Related To Call-back Services, If That Is What Is Being Referenced. this Section States That The Cor Can Elect To Have Repairs Completed On Overtime At No Additional Cost. answer: Yes, This Is An All-inclusive, Firm, Fixed-price Acquisition. All Services Required Must Be Covered Under The Monthly Rate With The Only Exception Being Items Clearly On The Exclusions List. i. There Is No Way To Capture That Cost Without Knowing What Could Be Required To Replace On Overtime. answer: There Are No Overtime Hours As A Firm, Fixed-price Contract Does Not Engage In Variable Types Of Rates. Repairs Are Required Under The Contract Unless They Are Clearly Listed On The Exclusions List. The Monthly Rate Shall Cover All Services Required Under The Contract. Some Months May Require More Repair Work, While Other Months, Contractor Would Receive The Entire Monthly Payment When No Repairs Are Required. Please See The Attached Revised Sow For Slightly Updated Language To Section B, Item 12. ii. Would The Cor Be Willing To Adjust This Section To Cover The Cost Of The Difference In Labor (premium Portion Of Labor) Premium Portion Standard Rate. answer: No. This Is A Firm, Fixed-price Acquisition, Therefore, Additional/variable Rates Do Not Apply. The Contract Will Be All-inclusive Of Services Required, With A Monthly Fixed Rate, Fixed Annual Value, And A Fixed Total Contract Value (assuming Each Option Year Is Exercised At Government Discretion). section B. Scope Of Work Inspections 14, Performance Parameters 19 this Section Details Inspection Reports And Key Performance Indicators/parameters i. Please Provide Evidence That The Units Included Within The Rfp Meet These Requirements And Parameters answer: Asme 17.1 Performance Parameters For Elevators Are Required. This Includes Elevators Still In Operation Since 1996, Elevators That Were Renovated In 2024, And New Elevators That Will Be Operational In 2025. Please See The Attached Sow For Updated Language To Section B, Item 19. does The Cor Recognize Elevator Union Holidays? answer: The Only Holidays Concerned/recognized Under This Federal Acquisition Are Federal Holidays A Link To The Federal Holidays At The Opm Website Was Included In The Rfq See Sow, Section E, Item 1 For The Opm Federal Holiday Link. is The Cor Aware Of Any City Of Detroit Elevator Division Violations That Are Outstanding? if So, Please Provide Documentation answer: The Service Is Unaware Of Any Facility Vertical Lift That Has Any Municipal Violations That Are Outstanding. how Will Pre-maintenance Repairs, Vandalism Etc Be Handled? answer: Regarding Vandalism, See/review Sow, Section F. Regarding Pre-maintenance Repairs, A Repair Is A Repair, Whether Pre- Or Post-maintenance. Repairs Of Any Nature, Except For Items On The Exclusion List, Are To Be Covered Under The Contract And Handled By Contractor In A Timely Manner Once The Contract Is Effective. All Elevators Are As Is If A Repair Is Required, The Contractor Is Required To Do The Repair. in The Event Of Water And/or Oil, Fluid Accumulates In The Elevator Pit, How Will It Be Handled? a. Is This A Billable Situation answer: There Are No Billable Situations With A Firm, Fixed-price Contract. The Monthly Rate Paid By The Government Is Not A Variable Rate But A Firm, Fixed-rate Which Covers All Services Required Unless Clearly Listed As An Exclusion On The Exclusions List. will The Site Remove The Fluid And Dispose? answer: The Contractor Is Required To Remove The Fluid And Properly Dispose Of It. will The Contractor Be Responsible For Removing The Fluid answer: The Contractor Is Required To Remove The Fluid And Properly Dispose Of It. who Is Responsible For Maintaining The Elevator Phone Lines? answer: Contractor Is Responsible For Maintaining The Operation Of Elevator Cabin Phones. a. Elevator Contractors Do Not Manage Or Run The Lines. answer: The Facility Will Provide An Operational Phone Signal, But The Contractor Is Responsible For Connecting Both Ends Of The Telephone Line (at Elevator Cabin, Within Each Elevator Travel Cable , And At Elevator Control Panel) In Order To Have Operational Phones In Each Elevator Cabin. b. If The Event Of An Inoperable Phone, Is The Site Responsible For Contacting The Phone Company answer: In The Event Of An Inoperable Phone, Detroit Va S Office Of Information & Technology (oi&t)/telecom Staff Will Repair Any Faulty Phone Signal. If The Facility Telecom Staff Confirms The Phone Signal Is Being Provided, Then The Contractor Is Responsible For Repairing An Inoperable Phone. how Will Obsolescence Be Handled? answer: None Of The Elevators Will Be Obsolete During The Course Of The Awarded Contract, Even If All Option Years Are Exercised, Therefore, This Question Is Irrelevant. the Site Is Currently Modernizing Elevators a. Are There Any Components That Are Considered Proprietary? i. If So, Please Detail How The Cor Would Like To Approach The Situation answer: The Service/cor Is Unaware Of Any Proprietary Components. Contractors Must Be Capable Of Repairing Or Replacing Elevator Equipment To Properly Maintain The Facility S Vertical Lifts. badging Training a. Please Detail Any Training Or Badging Requirements Needed For Access answer: Upon Arrival At Detroit Va, Contractor/contractor Staff Are Required To Report To Cor Who Will Handle Badge Information/access, Training Information And Any Other Items Required. will The Cor Consider Alternate Maintenance Approaches That Differ From The 3 Day A Week Maintenance Requirement? answer: No, The Sow Defines Exactly What The Requirement/needs Are. part A: I Noticed That There Are 3 New Elevators Red Garage 1, Blue Garage 3, And Red Passenger 13 These Upon Expiration Of Will Be Installed And Are Not On The List.â  Is The Intent To Add These To The Agreement? answer: Yes, The Intent Will Likely Be To Add Them To The Contract Via Contract Modification At Whatever Point In Future They Should Be Added, However, For The Purposes Of The Contract Required At Present Time (which Does Not Include The Unknowns Regarding These Three Elevators), These Elevators Are Not Included In The Sow And Any Offers Submitted Should Related To The Actual Contents/requirements Of The Sow. part B: All 21 Elevators In The Hospital And Garages Are Undergoing Modernizations Over The Next 2 Years Plus Finishing At Various Times.â as The Elevators Are Upgraded They Go Onto A Free Service Period.â i Believe It Is A Full Year Free Service. If A Company Other Than The Installation Company Works On The Elevators In Any Way It Voids The Warranty.â it Would Appear If The Installation Company Is Not Maintaining These Upgraded Elevators The Va Is Paying Twice For The Same Services And Possibly Voiding Warranties.â is This The Intent Of This Agreement? answer: To More Clearly Define Which Elevators Will Be Requiring Services Under The Contract For Certain Periods Of Time, A New Price Schedule Has Been Drafted And Is Attached To This Amendment. Not All Elevators Will Need Services At The Same Time/in The Same Years, And As Such, It Is Imperative To Price Services Accordingly. Offerors Should Make Careful Note To Only Price Services For The Months Required, For The Base Year And For Each Potential Option Year, For Each Elevator. please Provide Any Information Available On: the Manufacture Of Controls, Geared Or Gearless Type Of Machine And, answer: 1. Original Parking Elevators: A. Dover (hydraulic) Motor. B. Dover Wcr Control Panel. 2. Original Cart-lifts: A. Dover Motor. B. Dover Msd1 Control Panel. 3. Original Freight Elevator: A. Dover (hydraulic) Motor. B. Dover Wcr Control Panel. 4. Original Passenger Elevators And Original Service Elevators: A. Dover Motor. B. Thyssenkrupp Tac 50-04 Control Panel. 5. New Passenger Elevators: A. Kone Mx40 Motor. B. Kone Kcm Control Panel. 6. New Service Elevator 15 And Service Elevator 16: A. Kone Mx40 Motor. B. Kone Kcm Control Panel. 7. New Service Elevator 5 And Service Elevator 6: A. Kone Mx Machine. (not The Same As Motor For Se15 & Se16). B. Kone Kcm Control Panel. 8. New Parking Elevators: A. Kone Mx Machine. B. Kone Kcm Control Panel. how Many Stops Each Elevator Has. answer: This Information Is For The 21 Elevators Associated With This Requirement, And Also For The 3 Additional That May Or May Not Be Added To The Contract At A Later Date. Please Ensure Any Offer Submitted Pertains Only To The Actuals Of This Acquisition. cart-lifts 7 And 8 (cl7, Cl8) Have Two Stops: Lower Level (ll) And Floor Four (f4). freight Elevator (fe7) Has Two Stops: Ll And F1. blue Parking Elevators 1, 2, And 3 (ge1, Ge2, Ge3) Have Six Stops: Ll Thru F5. red Parking Ge1, Ge2, And Ge3 Have Six Stops: Ll Thru F5. blue Passenger Elevators (pe1, Pe2, Pe3, Pe4) Have Eight Stops: Ll Thru F7. blue Service Elevators (se5, Se6) Have Eight Stops: Ll Thru F7. yellow Pe8 Has Six Stops: Ll Thru F5. yellow Pe9 And Pe10 Have Five Stops: Ll Thru F4. red Pe11, Pe12, Pe13, And Pe14 Have Six Stops: Ll Thru F5. red Se15 And Se16 Have Six Stops: Ll Thru F5. please Provide Any Outstanding Repairs, Inspection Items To Be Corrected, Etc.: answer: The Only Outstanding Issue Is With Cart-lift (cl) 8 For Dirty Surgical Instruments. A Padlock Has Been On The Power Switch Since 2019 For Two Reasons: cart-lift Travels At About One-third The Expected Vertical Speed. surgical Staff, Multiple Elevator Specialists, And I Have Witnessed Cl8 Travel Up And Down While Lobby Doors Are 100 Percent Open At Floor Four. 44 page 44 Of 44 statement Of Work general the Detroit Va Medical Center (dva) Located At 4646 John R. Street, Detroit, Michigan 48201 Requires A Firm, Fixed-price Contract For Preventive Maintenance And Repairs For All Operational Vertical Lifts At Vamc Detroit. Contractor Shall Provide All Tools, Parts, Materials, Equipment, Labor, Certified Elevator Specialists/technicians, Supervision, Licenses, Insurance And Transportation Necessary To Perform Preventive Maintenance, Repairs, Inspections And Call-back Services For The Vertical Transport Equipment Listed In This Statement Of Work (sow). Contractor Shall Provide Maintenance In A Manner Which Ensures The Safe And Continuous Operation Of All Equipment Listed In Accordance With Commercial Practices Or Manufacturer's Specifications (ansi-asme Al7). firm, Fixed-price Contracts Cover The Services Listed Within (with Exception To Any Exclusions List) At A Set Monthly Price, And Overall Total Contract Value. All Services And Repairs Under This Contract Are Included In The Monthly Price (except For Items On The Exclusions List). scope Of Work: elevator Services Include, But Are Not Limited To Scheduled Weekly Inspections, Adjustments, Cleaning And Lubrication Of All Machinery, Machinery Spaces, Hoist Ways, And Pits. reports: annual No-load Test five-year Full-load Test on-call And On-site Schedule: the Contractor Shall Provide On-call Service Of 50 Hours Per Week, Ten Hours Per Day, Monday Through Friday, From 7:00 Am To 5:00 Pm Et, For All Vertical Transportation Equipment. following Are Maintenance Hours Required By This Contract. Contractor Shall Be On-site: monthly: 96 Hours weekly: 24 Hours Assigned Day: 8-hour Shift. Assigned Days Are Monday, Wednesday And Friday, Unless One Of Those Days Is A Federal Holiday, In Which The Shift Shall Be Adjusted To A Non-federal Holiday Business Day That Week, Subject To Cor Approval. call-back Services: the Contractor Shall Provide Call-back Service During Federal Holidays And Non-business Hours For Emergencies. The Contractor Shall Provide Make-up Inspection Hours Lost Due To Holidays By Scheduling Additional Preventative Maintenance Hours Within The Month The Holiday Occurs. example: If The Holiday Falls On A Monday, Then The Makeup Day Shall Be Either Tuesday Or Thursday. contractor Shall Provide Scheduled Weekly Examinations, Adjustments, Cleaning, And Lubrication Of All Machinery, Machinery Spaces, Hoist Ways, And Pits. Contractor Shall Maintain All Parts Of The Vertical Transportation Equipment Systems Consisting Of, But Not Limited To, The Following: hoisting Machinery operating And Signal Fixtures wire Ropes door Operating And Safety Equipment control Apparatus And Power Drives . fixed Mechanical Equipment auxiliary Apparatus (to Include Any Cart Ejection Systems) And Appurtenance electrical Wiring And Traveling Cables mechanical And Electrical Safety Devices contractor Shall Ensure That Elevator Door Tracks Are Free From Dirt And Debris To Ensure Smooth, Proper Operation Of Elevator Doors. contractor Shall Replace All Burned Out Light Bulbs Inside The Elevator Cabs To Maintain Proper Lighting At All Times. Vamc Detroit Will Provide The Light Bulbs For The Contractor. Install As Used In The Work Required, Specifications And Drawings Shall Mean Furnish, Install, Connect, Adjust And Test Except Where Otherwise Specified. brand Names Are Specified To Indicate Performance And Quality Characteristics. No Substitutes Of Specified Materials Shall Be Accepted. emergency Generator Test: Vamc Detroit Conducts Testing Of The Facility S Emergency Generators On The First Wednesday Of Each Month, From 6:15 Am To 6:45 Am. Duties To Be Performed Shall Include The Following: before 6:00 Am: Be Present For Duty To Participate In The Test. no Later Than 6:05 Am: Assist Vamc Detroit Staff In Utilizing The Fire Recall System To Bring All Elevators To The First Floor. Note: Waiting Until Five Minutes After 6:00 Am Is To Give Biomedical Engineering Staff Necessary Time To Shut Down Biomedical Equipment Prior To Generator Testing. after 6:15 Am: When The Facility Disconnects From Detroit Edison At 6:15 Am, The Contractor Will Assist Vamc Detroit Staff In Turning Off The Fire Recall System And Ensure That At Least One Elevator Is Running At Each Elevator Bank For The Duration Of The Generator Test. assist Va Staff In Performing Code Blue Testing On Selected Elevators During The Test. different Elevators Will Be Selected By The Cor For Each Test. be Available To Troubleshoot Any Problems Occurring With The Elevators When Normal Power Has Been Restored Upon The Conclusion Of The Test. the Cor Will Notify The Contractor If There Is A Need To Take A Vertical Lift Out Of Service In Order For Contractor To Make Repairs. If The Contractor Determines That A Vertical Lift Is Operating In An Unsafe Manner, The Contractor Is Authorized To Remove The Vertical Lift From Service And Must Notify The Cor Immediately. The Cor Will Coordinate With The Contractor To Repair Off-line Vertical Lifts In A Timely Fashion. Repairs Will Be Covered Under This Contract Unless It Is An Item Clearly Listed On The Exclusions List. testing: the Next Five-year Full-load Test Is Due In 2025. monthly: Examine All Safety Devices And Governors. quarterly: test The Communications And Elevator Fire Safety System. the Fire Safety System Testing Includes Manual Recall (phase I) And Fireman S elevator Operation (phase Ii). confirmation And Results Of All Tests Shall Be Forwarded To The Cor Upon Completion Of Testing. annually No-load Test Of Safety Mechanisms: conduct A No-load Test Of Safety Mechanisms, In Accordance With The American Society Of Mechanical Engineers, Asme/ans1 A17.1 (2010). confirmation And Results Of All Tests Shall Be Forwarded To The Cor Upon Completion Of Testing. every Five Years Full Load Test Of Safety Mechanisms. During The Full-load Test, The Following Shall Also Be Conducted: conduct A Full-load Test Of Safety Mechanisms, In Accordance With The American Society Of Mechanical Engineers, Asme/ans1 A17.1 (2010). inspect Car Balances. inspect The Governors. Set Them, Recalibrate Them, And Seal Them For Proper Tripping Speed. confirmation And Results Of All Tests Shall Be Forwarded To The Cor Upon Completion Of Testing. inspections: the Contractor Shall Provide Vertical Transportation System Efficiency And Maintenance Survey Inspections Annually. The Results Of These Inspections Shall Be Summarized With Appropriate Backup Material In An Annual Report To The Cor By The End Of The Month Following The Anniversary Date Of The Contract. This Report Shall Include The Following Performance Parameters And Summary Data For Each Vertical Transportation Unit As Appropriate: unit Speed Up And Oem Specification. unit Speed Down And Oem Specification. door Open Speed And Oem Specification. door Close Speed Normal And Code Limit. door Close Speed Reduced And Code Limit. door Closing Torque And Code Limit. door Dwell Time For Car Call. door Dwell Time For Hall Call. leveling Accuracy Summary And Oem Specification. date Of The Last Annual / Five-year Safety Test Completed. date Of The Last Annual Communications And Fire Recall System Test. annualized Call-back Rate With Backup Detail. dedicated Maintenance Hours For The Preceding Twelve Months. semi-annual Inspections By Independent Consultant: Contractor Shall Accompany Cor Or Vamc Detroit S Independent Consultant On Inspections To Audit The Facility S Elevator Operations Every Six Months. the Independent Consultant Shall Provide Semi-annual Inspection Reports To The Cor. the Cor Shall Provide A Copy Of These Reports To The Contractor. The Contractor And Cor Will Determine Who Is Responsible For The Abatement Of Deficiencies Listed In The Semi-annual Reports. the Cor Shall Provide A Copy Of These Reports To The Chief Of Facility Management Service. The Chief Of Facility Management Service Will Determine Abatement Procedures For Deficiencies That Are The Responsibility Of Vamc Detroit. the Cor Shall Archive Corrective Actions Taken By Contractor And Chief Of Facility Management, For A File-retention Period Of Five Years. lubrication: Lubricate Monthly (12 Times Per Year At Regularly Scheduled Intervals), All Mechanical Parts Recommended To Be Lubricated By The Oem Of The Vertical Transportation Equipment. cleaning: The Contractor Shall, During All Examinations, Remove And Discard Immediately All Accumulated Dirt And Debris From The Pit Areas, And Be Responsible For Always Maintaining The Cleanliness Of All Elevator Machine Rooms. Additionally, Prior To Each Annual Anniversary Date Of This Contract, Contractor Shall Thoroughly Clean Down The Entire Hoist Way Of All Accumulated Dirt, Grease, Dust, And Debris. painting: Contractor Shall Keep Machinery Exterior And Any Rust-prone Equipment Clean And Painted. Motor Windings And Controller Coils Shall Be Periodically Treated With Proper Insulating Compound. The Machine Room Floor And All Storage Areas Shall Be Painted Annually With Good Quality Deck Enamel. repairs And Replacements Shall Be Made Promptly By Contractor, Or When The Cor Advises The Contractor To Do So. Repairs And Replacements Shall Be Made In Accordance With Conformance Standards And Oem Standards. Repair And Replacement Of Parts Shall Be New/genuine Oem Or Equal In Design, Workmanship, Quality, Finish Fit, Adjustment, Operation And Appearance. Repairs And Replacements Shall Apply To All Mechanical, Electronic, And Electrical Parts, Including But Not Limited To: automatic Power And Manually Operated Door Systems, Car Door And Gate Hangers, Car Door And Gate Contact, Door Protective Device, Guides, Stops And Appurtenances, Car Safety Mechanism, Platform, Car Sills, Car Guide Shoes, Gibs Or Rollers And Appurtenances. geared And Gearless Machinery, Worm, Gear, Bearings, Drive Sheave, Deflector Sheave, And Brake Assembly, Component Parts And All Associated Castings. motor, Motor Generator, Motor Windings, Rotating Element, Stator, Bearings, Rotors, Starters, Solid-state Power Drives Complete And Associated Apparatus, Speed Monitoring Equipment And Attachments. controller, Selector And Dispatching Equipment, All Relays, Solid State Components, Resistors, Condensers, Transformers, Contact Leads, Dashpots, Timing Devices, Computer Devices, Insulators, Solenoids, Resistance Grids, Mechanical And Electrical Driving Equipment, Diagnostics, Troubleshooting Tools, Monitors And Associated Apparatus. governor, Governor Sheave And Shaft Assembly, Bearings, Contacts And Governor Tension Sheave Assemblies. overhead, Deflector Or Secondary Sheaves, Bearings, Car And Counterweight Buffers, Car And Counterweight Guide Rails, Top And Bottom Limit Switches, Activating Cams, Compensating Equipment, Counterweight And Counterweight Guide Shoes Including Rollers Or Gibs. hoist Way Door Interlocks, Top Tracks, Hanger Rollers, Operating Linkages And Auxiliary Door Closing Devices, Hoist Way Landing, Leveling And Encoding Systems Complete, And Power Door Clutch-engaging Systems Complete. car And Hall Lanterns, Lobby Fixtures, Car Operating Panels, Car And Hall Position Indicators, Hall Push-button Fixtures, Audible/visible Signals And Controls Complete, Emergency Lighting, Communication Devices, Remote Operating And Signal Equipment Complete. the Contractor Shall Examine And Equalize Tension On All Wire Ropes And Renew Them Whenever Necessary To Ensure The Maintenance Of Adequate Safety Factor. Contractor Shall Also Shorten All Ropes As Required To Maintain Legal Bottom Clearances And Perform All Safety Code Re-shackling Procedures Per Asme/ans1 A17.1 (2010). contractor Shall Repair Or Replace All Electrical Traveling Cables, Wiring And Conductors Extending To The Vertical Transportation Unit From Main Line Switch In The Machine Room And Outlets In The Hoist Ways. The Main Power Switch And Its Fuses Are Excluded. contractor Shall Be Responsible For Changing Lightbulbs And Lighting Fixtures In The Cab, Pit, Machine Room, And Hoist Way As Required. Dva Will Provide The Light Bulbs. hydraulic Systems Components, Including But Not Limited To, Tanks, Valves, Pump, Cylinder Head, Above Ground Piping, Hoses, Fittings, Gauges, Seals, O-rings, Packing S, Belts, Recovery Devices, Overflow Devices, Rescuvator (auxiliary Power Device) Or Other Emergency Operating And Signal Systems, Above-grade Cylinder And Plunger Assemblies Complete, Cathodic Protection Devices, Muffler, Heater And Shut-off Valves. performance Parameters: All Vertical Lifts Shall Meet The Standards Required By The American Society Of Mechanical Engineers (asme). Performance Parameters For Each Vertical Lift Must Comply With The Particular Version Of Asme 17.1, Safety Code For Elevators And Escalators, That Was In Effect At The Time Of Installation Or With The Most Recent Version For Each Renovated Vertical Lift. spare Parts: The Contractor Shall Provide And Maintain A Supply Of Contacts, Coils, Solid-state Boards And Associated Components, Leads, Brushes, Lubricants, Wiping Cloths, Rollers, Guides, Switches, And Other Minor Parts In The Vertical Transportation System(s) Machine Room(s) For The Performance Of Routine Preventive Maintenance. All Spare Parts Shall Be Kept In Storage Cabinets Provided By The Contractor. record Keeping: a Complete Permanent Record Of Maintenance Inspections And Routines, Repair Work, Lubrication, And Call Back Service Will Be Kept In The Machine Room. These Records Are To Be Always Available To The Cor. The Records Shall Indicate The Reason The Mechanic Was In The Building, Arrival And Departure Time, The Work Performed, Etc., And These Records Shall Be Property Of Vamc Detroit. Record Keeping Requirements Are The Responsibility Of Contractor S Maintenance Personnel. a Contractor S Proprietary System That Fulfills The Requirements In The Above Paragraph Will Be Accepted In Lieu Of The Method Specified, However, All Records, Including Annual Summary Reports Must Be Provided To The Cor And Are Property Of Dva. Hot Work : precautions Shall Be Taken By The Contractor, To Prevent Accidental Operation Of Any Existing Smoke Detectors By Minimizing The Amount Of Dust Generated In The Vicinity Of Any Smoke Detectors. the Contractor Shall Not Perform Any Hot Work Without An Approved Hot Work Permit From The Cor. Hot Work Is Any Work That May Generate A Source Of Ignition In Areas Where Flammable Or Combustible Materials May Be Present. Welding, Flame Cutting, Use Of Pneumatic Hammers, Soldering, Brazing, Thermal Spraying, Thawing Pipe And Spark Producing Equipment Are Examples Of This Type Of Work. before Any Hot Work Is Conducted, The Contractor Or Sub-contractors Shall Obtain A Hot Work Permit From The Cor. Cor Is The Overseer And Decider On Any And All Hot Work To Be Performed. contractor Storage Space On Dva Premises: There Will Be Space Made Available To Contractor For Storing Items. The Cor Will Designate The Space; The Space Designated May Be Subject To Change With Dva. list Of Elevators Requiring Services lift Name lift Type lift Location maximum Lift Capability blue Pe1 geared Traction Passenger Elevator blue Tower 4000 blue Pe2 geared Traction Passenger Elevator blue Tower 4000 blue Pe3 geared Traction Passenger Elevator blue Tower 4000 blue Pe4 geared Traction Passenger Elevator blue Tower 4000 yellow Pe8 geared Traction Passenger Elevator yellow Tower 5000 yellow Pe9 geared Traction Passenger Elevator yellow Tower 5000 yellow Pe10 geared Traction Passenger Elevator yellow Tower 5000 red Pe11 geared Traction Passenger Elevator red Tower 4000 red Pe12 geared Traction Passenger Elevator red Tower 4000 red Pe14 geared Traction Passenger Elevator red Tower 4000 blue Se5 geared Traction Service Elevator blue Tower 6000 blue Se6 geared Traction Service Elevator blue Tower 6000 red Se15 geared Traction Service Elevator red Tower 5000 red Se16 geared Traction Service Elevator red Tower 5000 blue Fe7 hydraulic Freight Elevator blue Tower 6000 yellow Cl7 geared-traction Cart Lifts yellow Tower 1000 yellow Cl8 geared-traction Cart Lifts yellow Tower 1000 red Ge2 hydraulic Garage Elevators red Garage 3500 red Ge3 hydraulic Garage Elevators red Garage 3500 blue Ge1 hydraulic Garage Elevators blue Garage 3500 blue Ge2 hydraulic Garage Elevators blue Garage 3500 elevator Warranty Coverage Periods during The Specific Warranty Period Listed For Each Elevator, An Elevator Modernization Warranty Is In Effect And Contractor Shall Not Perform Any Services To Any Elevator Within The Warranty Period Listed. Contractor Shall Provide All Sow Services Required For Any Elevator Beginning On The First Day That Elevator Is No Longer Covered Under Warranty. For Example, Elevator Blue Pe1 S Last Day Under Warranty Is 12/15/2025, Therefore, Contractor Must Begin Providing Services On 12/16/2025. The Following Schedule Is Provided To Clarify Existing Warranty Coverage Periods For Each Elevator: ten Gearless-traction Elevators: blue Pe1 (warranty Coverage And Gps 12/16/2024 To 12/15/2025) blue Pe2 (warranty Coverage And Gps 03/02/2025 To 03/01/2026) blue Pe3 (warranty Coverage And Gps 05/19/2025 To 05/18/2026) blue Pe4 (warranty Coverage And Gps 07/17/2025 To 07/16/2026) yellow Pe8 (warranty Coverage And Gps 12/16/2024 To 12/15/2025) yellow Pe9 (warranty Coverage And Gps 05/19/2025 To 05/18/2026) yellow Pe10 (warranty Coverage And Gps 03/02/2025 To 03/01/2026) red Pe11 (warranty Coverage And Gps 12/16/2024 To 12/15/2025) red Pe12 (warranty Coverage And Gps 07/17/2025 To 07/16/2026) red Pe14 (warranty Coverage And Gps 03/02/2025 To 03/01/2026) four Service Elevators: blue Se5 (warranty Coverage And Gps 09/01/2025 To 08/31/2026) blue Se6 (warranty Coverage And Gps 12/01/2025 To 11/30/2026) red Se15 (warranty Coverage And Gps 09/01/2025 To 08/31/2026) red Se16 (warranty Coverage And Gps 12/01/2025 To 11/30/2026) one Hydraulic Freight Elevator: blue Fe7 (warranty Coverage And Gps 07/17/2025 To 07/16/2026) two Geared-traction Cart-lifts: yellow Cl7 (warranty Coverage And Gps 09/01/2025 To 08/31/2026) yellow Cl8 (warranty Coverage And Gps 12/01/2025 To 11/30/2026) four Gearless-traction Elevators: blue Ge1 (warranty Coverage And Gps 07/03/2025 To 07/02/2026) blue Ge2 (warranty Coverage And Gps 11/03/2025 To 11/02/2026) red Ge2 (warranty Coverage And Gps 11/03/2025 To 11/02/2026) red Ge3 (warranty Coverage And Gps 07/03/2025 To 07/02/2026) conformance Standards asme A17.1 / Csa B44 Safety Code For Elevators And Escalators (2013) Or Current asme A17.1 Safety Code For Elevators And Escalators The Particular Version Of Asme 17.1 In Effect At Time Of Installation Or At Time Of Most Recent Renovation Of Each Vertical Lift asme A17.2 Guide For Inspection Of Elevators, Escalators, And Moving Walks (2012) Or Current compliance With The Current Editions Of Ansi/asme Al 7 (a17.1, A17.2, And A17.3) original Equipment Manufacture (oem) Standards And Requirements va Standards And Regulations days And Hours Of Operation / Federal Holidays a List Of All Federal Holidays Can Be Found At: Https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ all Work, Including Regular Examinations And Repairs In Accordance With This Contract Are To Be Made During Regular Business Hours Between 6:00 Am To 4:30 Pm, Monday Through Friday, Except For Federal Holidays. exclusions all Repairs, Parts And Labor Required For Repairs Shall Be Included, At No Additional Cost, Unless It Is Clearly And Specifically An Excluded Item Listed Below: any Extra Charge Work Clearly Due To Vandalism Or Misuse. Contracting Officer Must Be Informed In Advance And Approve Of Work Being Outside Of Scope For This Contract No Invoice Will Be Paid Without Prior Approval. installation Of New Attachments, Which May Be Required Or Recommended By Insurance Agencies Or Government Authorities. repairs Or Replacement Of Cab Enclosure, Hoist Way Enclosures, Door Frames (not Doors) And Sills, Machine Room Lighting, Cab Tile Or Carpet. replacement Of Underground Hydraulic Piping Or Hydraulic Cylinder. it Is To Be Understood That Any Item Not Specifically Excluded In The List Above Shall Be Considered The Contractor's Responsibility And Fall Within The Costs Of This Contract. contractor & Contractor Staff Responsibilities maintenance Work Shall Be Performed Only By Employees Directly Employed And Supervised By The Contractor. Contractor Employees Shall Be Experienced And Certified In Maintaining Vertical Transportation Systems/elevators. the Contractor Shall Be Regularly Engaged In The Business Of Servicing Equipment Similar To That Being Maintained Under This Contract And Shall Have Done So For A Period Of At Least Five Years Prior To The Date Of The Solicitation For This Contract. The Contractor Shall Have A Permanent Service Branch Capable Of Providing Normal Service Within Two Hours After A Request Is Made And Emergency Call-back Service As Specified In Paragraph 17. contractor Shall Make All Repairs Or Replacements Due To Damage By Contractor Employee Improper Repair, Negligent Or Willful Acts, Or Omissions Of Required Information, Services, Repairs, Etc.

Details: Description Philippine Bidding Documents (as Harmonized With Development Partners) Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Government Of The Republic Of The Philippines Sixth Edition January 2025 Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations ………………………….2 Section I. Invitation To Bid……………………………………………………..5 Section Ii. Instructions To Bidders…………………………………………...8 1. Scope Of Bid ………………………………………………………………………. 9 2. Funding Information………………………………………………………………. 9 3. Bidding Requirements ……………………………………………………………. 9 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 9 5. Eligible Bidders…………………………………………………………………… 9 6. Origin Of 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 …………. 10 11. Documents Comprising The Bid: Financial Component …………………………... 11 12. Bid Prices …………………………………………………………………………. 11 13. Bid And Payment Currencies ……………………………………………………… 12 14. Bid Security ………………………………………………………………………. 12 15. Sealing And Marking Of Bids ……………………………………………………… 12 16. Deadline For Submission Of Bids …………………………………………………. 13 17. Opening And Preliminary Examination Of Bids ………………………………….. 13 18. Domestic Preference ……………………………………………………………… 13 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 13 20. Post-qualification ………………………………………………………………… 14 21. Signing Of The Contract …………………………………………………………… 14 Section Iii. Bid Data Sheet …………………………………………………..15 Section Iv. General Conditions Of Contract ……………………...………..17 1. Scope Of Contract ………………………………………………………………… 18 2. Advance Payment And Terms Of Payment ……………………………………….. 18 3. Performance Security ……………………………………………………………. 18 4. Inspection And Tests ……………………………………………………………… 18 5. Warranty …………………………………………………………………………. 18 6. Liability Of The Supplier ………………………………………………………….. 19 Section V. Special Conditions Of Contract ………………………………….20 Section Vi. Schedule Of Requirements ……………………………………....24 Section Vii. Technical Specifications …………………………………………25 Section Viii. Checklist Of Technical And Financial Documents …………..29 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. 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. 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]) Cda - Cooperative Development Authority. 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. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. 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]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) 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. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. 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. 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. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Invitation To Bid For The Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) 1. The Leyte Regional Prison, Through The General Appropriations Act (gaa) Of 2025 Intends To Apply The Sum Of Three Hundred Ten Thousand Pesos Only (₱310,000.00) Being The Abc To Payments Under The Contract For Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid). Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Leyte Regional Prison, Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required Until December 31, 2025 From The Receipt Of Notice To Proceed (ntp) And Contract Agreement. Bidders Should Have Completed, Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project Equivalent To At Least Twenty-five Percent (25%) Of The Abc. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Leyte Regional Prison Bac Secretariat Using The Contact Below And Inspect The Bidding Documents At The Address Given Below During Monday To Friday From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 17, 2025 8:00am - 5:00pm To January 24, 2025 8:00am – 8:55pm From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Hundred Pesos Only (₱500.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees And Presented In Person. 6. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below On Or Before January 24, 2025 @ 9:00am. Late Bids Shall Not Be Accepted. 7. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 8. Bid Opening Shall Be On January 24, 2025 @ 9:00am At The Lrp – Conference Room, Administration Building, Leyte Regional Prison. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 9. Schedule Of The Bidding Activities Shall Be As Follows: Activites Date/time Venue 1. Sale And Issuance Of Bid Documents January 17, 2025 8:00am To 5:00pm To January 24, 2025 8:00am To 8:55am Office Of The Bac/bac Secretariat, Leyte Regional Prison, Abuyog, Leyte 2. Submission And Opening Of Bid Documents January 24, 2025 @ 9:00am Conference Room, Admin Building, Lrp, Abuyog, Leyte 10. The Lrp Bac Shall Use Non-discretionary And Non-discriminatory Measure Based On Sheer Luck As A Tie-breaking Tool (draw Lots) In The Event That Two Or More Bidders Were Declared As Lcrb In-order To Determine The Final Lcrb Based On The Following: I. In Alphabetical Order, The Bidder Shall Pick One Rolled Paper Ii. The Lucky Bidder Who Would Pick A Paper With “congratulations” Remark Shall Be Declared As The Final Lcrb And Recommended For The Award Of The Contract. 11. The Leyte Regional Prison Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Jeruel Go Office Of The Bac Secretariat Leyte Regional Prison, Abuyog, Leyte Cp # 09455311532, Email: Leurejz@yahoo.com 13. You May Visit The Following Websites: For Downloading Of Bidding Documents: Www.bucor.gov.ph/ Www.philgeps.gov.ph Date Of Issue: January 16, 2025 Mr. Tracy B. Soriano Bac Chairperson Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Leyte Regional Prison Wishes To Receive Bids For The Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) With Identification Number Bid 2024-05rb. The Procurement Project For Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Is Composed Of One (1) Lot, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2025 In The Amount Of Three Hundred Ten Thousand Pesos Only (₱310,000.00). A. The Source Of Funding Is National Expenditure Program. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 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 Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That 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 {[insert If Applicable] And/or Through Videoconferencing/webcasting} As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 11.5. Financial Proposals For Single Or Multi-year Framework Agreement Shall Be Submitted Before The Deadline Of Submission Of Bids As Prescribed In The Ib. For Multi-year Framework Agreement, Evaluation Of The Financial Proposal During This Stage Is For Purposes Of Determining Eligibility And Whether Or Not Such Financial Proposal Is Within The Abc. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. A. Payment Of The Contract Price Shall Be Made In Philippine Pesos 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until May 24, 2025. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission 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. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On January 24, 2025 @ 9:00 Am At Lrp Administrative Building Conference Room As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. 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. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As One Project Having Several Items That Shall Be Awarded As One Contract. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.1. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Any Food Catering Services. B. Completed Within The Last Two (2) Years Equivalent To At Least Twenty-five Percent (25%) Of The Abc, Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed 12 No Further Instruction. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than ₱6,200.00, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than ₱15,500.00 If Bid Security Is In Surety Bond. 15 Electronic Copy/electronic Submission Is Not Allowed Each Bidder Shall Submit One (1) Original Copy And Three (3) Photocopies Of The First And Second Components Of Its Bid. 19.4 One Project Having Several Items That Shall Be Awarded As One Contract. 20.1 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its; 1. Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2. Supporting Documents For The Slcc (sales Invoice Or Official Receipt Or End-users Acceptance) 3. Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4. Valid And Current Mayor’s Or Business Permit 5. Valid And Current Tax Clearance 6. Certificate Of Compliance Occupational Safety And Health Standards 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. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To 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 Of Ra No. 9184 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause Delivery And Documents – Delivery Of The Catering Services Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi. Schedule Of Requirements. Delivery Time Of The Food To Be Served As Follows: Am Snacks – Not Later Than 9:30 Am Lunch – Not Later Than 11:30 Am Pm Snacks – Not Later Than 2:30 Pm Upon Delivery Of The Catering Services To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Procuring Entity’s Representative At The Project Site; (iii)certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; For Purposes Of This Clause, The Procuring Entity’s Representative At The Project Site Is The End-user, Or His Duly Authorized Representative. When A Seminar Has Been Rescheduled Or Cancelled, Leyte Regional Prison, Reserves The Right To Cancel The Catering Service Upon Formal Notice To The Caterer Two (2) Days Prior To The Start Of The Occassions. In Such Case, Leyte Regional Prison, Has No Obligation To Pay The Supplier The Amount Corresponding To The Cancelled Catering Service. Where There Is An Increase Or Decrease Of Participants, The End-user Shall Inform The Supplier Of The Same Three (3) Days Prior The Occasion Date. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Transportation – The Transport Of The Food To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. The Procuring Entity Accepts No Liability For The Damage/spoilage Of Food During Transit. The Contract Price For The Catering Service Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Amount Stipulated In The Purchase Request (pr). After Each Occasion, The Supplier Is Responsible For Sending To The Leyte Regional Prison, A Billing Or Final Invoice For The Costs Of The Catering Service For Every Occasion Completed. It Shall Also Turn Over To The Bureau Any Remains/left Over Of The Catering Services Every End Of The Day For Its Use. 2.2 Partial Payment Is Not Allowed Cost For E-vat And Other Governmental Costs Which Fall Equally On All Prospective Suppliers Are Presumed To Be Included In The Computation Of The Bid Price 4 The Inspections And Tests That Will Be Conducted Are: The Evaluation Activities That Will Be Conducted At The Leyte Regional Prison, Upon Delivery Are As Follows: (1) Food Tasting On A Sampling Basis To Determine The Quality Of Food Served. (2) Ocular Inspection To Determine The Quantity And Completeness Of The Food Delivered In Accordance To The Menu Set In The Schedule Of Requirements. (3) Observation Before, During And After The Training Schedule To Determine The Quality Of Service Given By The Supplier. (4) Surveys Among The Participants To Determine The Level Of Satisfaction Of The Participants To The Service Rendered By The Supplier 6 Liability Of The Supplier: A. To Provide Food And Services For The Number Of Participants On The Basis Of The Information Given By The Procuring Entity Thru Df Of Pr Signed By The End-user Or Authorized Representative, At Least Two (2) Days Prior To The Training Schedule. B. During The Training, To Increase/ Decrease The Number Of Meals/snacks To Be Served For The Remaining Days Of A Specific Training Schedule, To Take Effect On The Second Day, Provided That Written Notice Is Given By The Procuring Entity Signed By The End-user Or Authorized Representative, Not Later Than 3:00 Pm On The First Day Of The Training. C. During The Training, To Adjust On Any Specific Food/diet Restrictions (religion Or Health Reasons) Of Participants’ Meals To Be Served For The Remaining Days Of A Specific Training Schedule, To Take Effect On The Second Day Provided That Written Notice Is Given By The Procuring Entity Signed By The End-user Or Authorized Representative, Not Later Than 3:00 Pm On The First Day Of The Training D. To Substitute The Menu For A Specific Training Schedule Due To Justifiable Reasons (unavailability In The Market, Red Tide, Supply And Demand Forces, Tropical Depression, Advisory Of Nonslaughter, Etc.) Provided That Notice Is Given To The Procuring Entity At Least One (1) Day Prior To The Schedule. Provided Further That The Change In The Menu Will Not Change The Unit Cost. E. To Reschedule/cancel The Seminar Due To Fortuitous Event/instances Beyond The Control Of Leyte Regional Prison F. To Provide The Necessary Clean And/or Sterile Dining Utensils During The Training As Enumerated In But Not Limited To The Following: 1) Glasses; 2) Spoons; 3) Forks; 4) Serving Spoons; 5) Cups; 6) Bowls; 7) Knives; 8) Trays; 9) Pitchers; 10) Glass Rack; 11) Ice Bucket; 12) Food Warmers; 13) Toothpicks; And 14) Condiments. G. To Provide Clean Table Cloth, Seat Covers And Table Napkins In The Designated Dining Area. H. To Assign At Least Two (2) Waiters/ Waitresses In Clean Working Garments Per Class/seminar And Shall Secure An Updated Health Certification From The Medical Health/authorized Officer. I. To Maintain A High Standard Of Sanitation And Cleanliness Of The Dining Area And Its Immediate Surroundings At All Times Adopting The Policy Of “clean As You Go”. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. State “comply” Or “not Comply” To The Statement Of Compliance. Item No. Description Quantity Delivery Schedule 1 Meals: Breakfast 620 Pax From The Receipt Of Ntp Up To December 31, 2025 Lunch 620 Pax From The Receipt Of Ntp Up To December 31, 2025 Dinner 620 Pax From The Receipt Of Ntp Up To December 31, 2025 2 Snacks: Am Snacks 620 Pax From The Receipt Of Ntp Up To December 31, 2025 Pm Snacks 620 Pax From The Receipt Of Ntp Up To December 31, 2025 The Quantity/units Is For Bidding Purposes Only. In The Actual Implementation Of The Contract, The Quantity/units That May Be Required May Increase/decrease As The Need Arises. I/we Hereby Commit To Comply And Deliver All The Above Requirements In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Section Vii. Technical Specifications Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Item Specification Statement Of Compliance I The Catering Service Provider Shall Comply With The Government Regulations As Provided In Presidential Decree No. 856 Otherwise Known As “the Code On Sanitation Of The Philippines”. A. Sanitary Permit B. Health Certificate Of Food Handlers C. Quality And Protection Of Food Ii The Catering Service Provider Agrees: A. To Provide Food And Services For The Number Of Participants On The Basis Of The Information Given By The Procuring Entity Thru A Notice Signed By The Coordinator And Service Chief, Atfs Or Her Authorized Representative, At Least Two (2) Days Prior To The Training Schedule. B. During The Training, To Increase/ Decrease The Number Of Meals/ Snacks To Be Served For The Remaining Days Of A Specific Training Schedule, To Take Effect On The Second Day, Provided That Written Notice Is Given By The Procuring Entity Signed By The Coordinator And Service Chief, Atfs Or Her Authorized Representative, Not Later Than 3:00 Pm On The First Day Of The Training. C. During The Training, To Adjust On Any Specific Food/diet Restrictions (religion Or Health Reasons) Of Participants’ Meals To Be Served For The Remaining Days Of A Specific Training Schedule, To Take Effect On The Second Day Provided That Written Notice Is Given By The Procuring Entity Signed By The Coordinator And Service Chief, Atfs Or Her Authorized Representative, Not Later Than 3:00 Pm On The First Day Of The Training. D. To Substitute The Menu For A Specific Training Schedule Due To Justifiable Reasons (unavailability In The Market, Red Tide, Supply And Demand Forces, Tropical Depression, Advisory Of Nonslaughter, Etc.) Provided That Notice Is Given To The Procuring Entity At Least One (1) Day Prior To The Schedule. Provided Further That The Change In The Menu Will Not Change The Unit Cost. E. To Reschedule/cancel The Seminar Due To Fortuitous Event/instances Beyond The Control Of Leyte Regional Prison. F. To Provide The Necessary Clean And/or Sterile Dining Utensils During The Training As Enumerated In But Not Limited To The Following: 1) Glasses; 2) Spoons; 3) Forks; 4) Serving Spoons; 5) Cups; 6) Bowls; 7) Knives; 8) Trays; 9) Pitchers; 10) Glass Rack; 11) Ice Bucket; 12) Food Warmers; 13) Toothpicks; And 14) Condiments. G. To Provide Clean Table Cloth, Seat Covers And Table Napkins In The Designated Dining Area. H. To Assign At Least Two (2) Waiters/ Waitresses In Clean Working Garments Per Class/seminar And Shall Secure An Updated Health Certification From The Medical Health/authorized Officer. I. To Maintain A High Standard Of Sanitation And Cleanliness Of The Dining Area And Its Immediate Surroundings At All Times Adopting The Policy Of “clean As You Go”. Additional Requirements 1 The Lrp Shall Inform The Concessionaire Of The Total Number Of Actual Participants At Least Three (3) Days Before The Conduct Of The Training. 2 The Service Provider Shall Assure The Quality Of Food To Be Served Maintaining High Standards Of Sanitation. In The Event That That The Food Served Has Indication Of Spoilage, The Caterer Shall Be Allowed To Make Substitution Upon The Approval Of The Course Administrator. 3 The Service Provider Shall Submit Or Provide Menu Including Healthy Foods Such As Rice, Beef, Chicken, Pork, Seafoods, Vegetables, Dessert/fruits, Fruit Juice 4 The End User Can Request Specific Meals Or Snacks And Services They Prefer As Long As Requests Remain Within The Allocated Budget Per Meal, Snacks And Services 5 Subject To Increase/decrease Of Participants. 6 The Caterer Shall Serve Consumables Of One (1) Lunch And Two (2) Snacks Per Day Which Shall Be Ready For Inspection By 11:15am, Snacks By 8:45am And 2:30pm, Respectively. 7 The Service Provider Shall Not Require Advance Payment And Deposit To Guarantee Reservation. 8 The Concessionaire Shall Assign At Least Four (4) Waiters/waitresses In Clean Working Garments In Trainings With 50 Or More Participants And At Least 2-3 Waiters/waitresses For Trainings With Less Than Or Equal To 50 Participants. 9 The Lrp Reserves The Right To Cancel/reschedule The Delivery Of Catering Services In Case Of Major Institutional Mandates/changes, Calamities, Etc. Upon Formal Notice To The Caterer At Least Three (3) Days Prior To The Event. 10 The Lrp Shall Pay The Concessionaire At Least Five (5) Days After The Billing Statements Have Been Received By The Office. 11 The Lrp Reserves The Right To Substitute/reschedule Trainings. 12 The Service Provider Shall Provide At Least Two (2) Buffet Tables With Centerpiece For Trainings With Less Than Or Equal To Fifty (50) Participants And At Least Four (4) Buffet Tables Inside The Function Hall For Trainings With More Than Fifty (50) Participants. 13 The Lrp Reserves The Right To Substitute/reschedule Trainings. Rice: A Serving Must Be Provided With Each Meal Viand: Each Meal Should Include One Main Viand Vegetables: A Side Of Vegetables Should Accompany The Meal To Ensure Balanced Nutrition. Desserts Or Sweets: Each Meal Should Include A Dessert Or Any Sweet Treat. Beverage: Participants Should Be Offered Bottled Water/canned Juice/softdrinks. I Hereby Certify That The Statement Of Compliance To The Foregoing Technical Specifications Are True And Correct, Otherwise, If Found To Be False Either During Bid Evaluation Or Post- Qualification, The Same Shall Give Rise To Automatic Disqualification Of Our Bid ___________________________________________ Name Of Company In Print ___________________________________________ Signature Over Printed Name Of Authorized Representative Section Viii. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) 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 ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) 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 ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (h) If Applicable, A Duly Signed Joint Venture Agreement (jva) 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 ⬜ (i) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (j) Original Of Duly Signed And Accomplished Price Schedule(s). Ix. Bidding Forms Company Letterhead Statement Of Ongoing Government & Private Contracts Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Bid Reference No.: Bid2024-05rb Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Kind Of Goods Amount Of Contract Value Of Outstanding Contract Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Bid Reference No.: Bid2024-05rb Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Fifty Percent (50%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Kind Of Goods Amount Of Contract Amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa’s Consumer Price Index, If Necessary Date Of Delivery End User’s Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, (attached Copy) Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Bid Reference No.: Bid2024-05rb Certificate Of Net Financial Contracting Capacity ((please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _________________________(p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _______day Of __________2025 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position _______________ Date Company Letterhead Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Bid Reference No.: Bid2024-05rb Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: Leyte Regional Prison I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. [insert Name Of Bidder’s Authorized Representative] [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Bid Reference No.: Bid2024-05rb Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor 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 Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Of The Leyte Regional Prison 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 The Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Of The Leyte Regional Prison, 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; 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 Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid). 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. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Bid Reference No.: Bid2024-05rb Bid Form Date: Invitation To Bid No: Bid 2024-05rb To: Mr. Tracy B. Soriano, Msca Bac Chairperson Leyte Regional Prison Abuyog, Leyte Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To Supply & Deliver Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) In Conformity With The Said Bidding Documents For The Sum Of __________________________________________₱ ________ Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements Of The Bidding Documents. I/we Likewise Certify/confirm That The Undersigned, [for Sole Proprietorships, Insert]: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter’s Behalf For The Supply & Deliver Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid). We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 20______. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Meals & Services For Various Lrp Seminars, Trainings, Workshops, Events, Programs, & Activities For The Year 2025(rebid) Qty. Unit Of Issue Agency Specification Abc Unit Price Total Bid Price Inclusive Of Vat Meals 620 Pax Breakfast ₱62,000.00 620 Pax Lunch ₱93,000.00 620 Pax Dinner ₱93,000.00 Snacks 620 Pax Am Snacks ₱31,000.00 620 Pax Pm Snacks ₱31,000.00 Total Bid Price Inclusive Of Vat In Words The Quantity And Unit Of Issue Is For Bidding Purposes Only. In The Actual Implementation Of The Contract, The Quantity That May Be Required May Increase/decrease As The Need Arises. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________

Details: Description Bulacan Agricultural State College San Ildefonso, Bulacan 3010 Procurement Of Goods 2025-01g: Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub Fy 2025 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines For Use By Any Branch, Constitutional Commission Or Office, Agency, Department, Bureau, Office, Or Instrumentality Of The Government Of The Philippines, National Government Agencies, Including Government-owned And/or Controlled Corporations, Government Financing Institutions, State Universities And Colleges, And Local Government Unit. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Government Of The Philippines Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (i) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract Or Framework Agreement, As The Case May Be; (ii) The Eligibility Requirements Of Bidders; (iii) The Expected Contract Or Framework Agreement Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (iv) The Obligations, Duties, And/or Functions Of The Winning Bidder. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Moreover, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents. The Following General Directions Should Be Observed When Using The Documents: A. All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Procurement Project. B. Specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Instructions To Bidders, Bid Data Sheet, And Special Conditions Of Contract. The Final Documents Should Contain Neither Blank Spaces Nor Options. C. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bid Data Sheet, General Conditions Of Contract, Special Conditions Of Contract, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. D. The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Procurement Project, Project Identification Number, And Procuring Entity, In Addition To The Date Of Issue. E. Modifications For Specific Procurement Project Details Should Be Provided In The Special Conditions Of Contract As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bid Data Sheet Or Special Conditions Of Contract, These Terms Shall Be Printed In Bold Typeface On Sections I (instructions To Bidders) And Iii (general Conditions Of Contract), Respectively. F. For Guidelines On The Use Of Bidding Forms And The Procurement Of Foreign-assisted Projects, These Will Be Covered By A Separate Issuance Of The Government Procurement Policy Board. Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations ………………………….4 Section I. Invitation To Bid……………………………………………………..7 Section Ii. Instructions To Bidders…………………………………………...10 1. Scope Of Bid ………………………………………………………………………. 11 2. Funding Information………………………………………………………………. 11 3. Bidding Requirements ……………………………………………………………. 11 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 5. Eligible Bidders…………………………………………………………………… 11 6. Origin Of Goods ………………………………………………………………….. 12 7. Subcontracts ……………………………………………………………………… 12 8. Pre-bid Conference ………………………………………………………………. 12 9. Clarification And Amendment Of Bidding Documents …………………………… 12 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 12 11. Documents Comprising The Bid: Financial Component …………………………... 13 12. Bid Prices …………………………………………………………………………. 13 13. Bid And Payment Currencies ……………………………………………………… 14 14. Bid Security ………………………………………………………………………. 14 15. Sealing And Marking Of Bids ……………………………………………………… 14 16. Deadline For Submission Of Bids …………………………………………………. 14 17. Opening And Preliminary Examination Of Bids ………………………………….. 15 18. Domestic Preference ……………………………………………………………… 15 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 15 20. Post-qualification ………………………………………………………………… 16 21. Signing Of The Contract …………………………………………………………… 16 Section Iii. Bid Data Sheet …………………………………………………..17 Section Iv. General Conditions Of Contract ……………………...………..19 1. Scope Of Contract ………………………………………………………………… 20 2. Advance Payment And Terms Of Payment ……………………………………….. 20 3. Performance Security ……………………………………………………………. 20 4. Inspection And Tests ……………………………………………………………… 20 5. Warranty …………………………………………………………………………. 21 6. Liability Of The Supplier ………………………………………………………….. 21 Section V. Special Conditions Of Contract ………………………………….22 Section Vi. Schedule Of Requirements ……………………………………....30 Section Vii. Technical Specifications …………………………………………34 Section Viii. Checklist Of Technical And Financial Documents …………..38 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. 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. 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]) Cda - Cooperative Development Authority. 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. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. 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]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) 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. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. 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. 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. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid (ib) Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Ib Shall Be Posted In Accordance With Section 21.2 Of The 2016 Revised Irr Of Ra No. 9184. Apart From The Essential Items Listed In The Bidding Documents, The Ib Should Also Indicate The Following: A. The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Ib Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; B. The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; C. The Deadline For The Submission And Receipt Of Bids; And D. Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Ib Should Be Incorporated In The Bidding Documents. The Information Contained In The Ib Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bid Data Sheet. Bulacan Agricultural State College San Ildefonso, Bulacan 3010 Invitation To Bid For 2025-01g: Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub 1. The Bulacan Agricultural State College, Through The Gaa Capital Outlay Fy 2025 Intends To Apply The Sum Of One Billion Pesos Pesos (php1,000,000,000.00) Being The Abc To Payments Under The Contract For Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bulacan Agricultural State College Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required With Contract Duration Of 280 Calendar Days. Bidders Should Have Completed, Within The Last Five (5) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Bulacan Agricultual State College And Inspect The Bidding Documents At The Address Given Below During Office Hours From 8am To 4:30pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 16, 2025 To February 7, 2025 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Php75,000.00. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting The Receipt Upon Submission Of Their Bid Documents. 6. The Bulacan Agricultural State College Will Hold A Pre-bid Conference On January 24, 2025, 09:00 Am Via Zoom Platform (meeting Id: 853 1254 4715, Passcode: 578270) Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below On Or Before 08:30 Am Of February 7, 2025. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On February 7, 2025, 09:00 Am At The Conference Room, Administration Building, Basc, San Ildefonso, Bulacan. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. Observers Will Be Invited To Attend And Witness The Bid Proceedings. 11. The Bulacan Agricultural State College Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Rona Angela O. Clarin Bac Secretariat Head Bulacan Agricultural State College Brgy. Pinaod, San Ildefonso, Bulacan (044) 697-1240 And 0923-108-1526 Ronaangela_clarin@basc.edu.ph Www.basc.edu.ph 13. You May Visit The Following Websites: For Downloading Of Bidding Documents: Http://www.basc.edu.ph January 16, 2025 (sgd) Ronald Reagan T. Alonzo,ph.d. Bac Chairperson Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Bulacan Agricultural State College Wishes To Receive Bids For The Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub With Identification Number 2025-01g. The Procurement Project (referred To Herein As “project”) Is Composed Of Twenty-eight (28) Components The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Gaa Fy 2025 In The Amount Of Php1,000,000,000.00 2.2. The Source Of Funding Is: A. Nga, The General Appropriations Act Of 2025. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. Not Applicable. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To At Least Fifty Percent (50%) Of The Abc Or Have Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. 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 At Its Physical Address 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 Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within The Last Five (5) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until 120 Days From The Opening Of Bids. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The Original Of The First And Second Components Of Its Bid And Plus Two (2) Copies Of Each Kind, Labeled As Copy 1 And Copy 2 Duly Signed By The Authorized Representative Of The Bidder. 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 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. 16. Deadline For Submission Of Bids 16.1. 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. 17. Opening And Preliminary Examination Of Bids 17.1. 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. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As One Project Having Several Items That Shall Be Awarded As One Contract. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.1. Not Applicable 20.2. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet The Bid Data Sheet (bds) Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information, Or Requirements Included In The Itb Found In Section Ii, Which Are Specific To Each Procurement. This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing The Bds, The Following Aspects Should Be Checked: A. Information That Specifies And Complements Provisions Of The Itb Must Be Incorporated. B. Amendments And/or Supplements, If Any, To Provisions Of The Itb As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Supply, Delivery, Installation, Commissioning And Set-up Of Ict Materials And Laboratory Equipment With Any Of The Two (2) Components As Follows: 1. Productivity Software And/or Licenses 2. Hardware Such As Servers, Desktops And/or Laptops 3. Closed-circuit Television (cctv) 4. Smart Solar Lighting Systems 5. Network Infrastructure B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids That Is Equivalent To 50% Of Abc Or Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; 7.1 Subcontracting Is Not Allowed. 12 The Bid Prices Of Goods And Services Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Php20,000,000.00 [(2%) Of The Abc] If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Php50,000,000.00[(5%) Of The Abc], If Bid Security Is In Surety Bond. 19.3 The Project Will Be Awarded As A Single Project. 20.2 1. Income Tax Return (form 1701/1702) With Audited Financial Statement., 2. Business Tax Return (forms 2550m And 2550q) Prior To Opening Of Bids Filed Thru Electronic Filing And Payment System (efps). Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. 21.2 Not Applicable Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The General Conditions Of Contract (gcc) In This Section, Read In Conjunction With The Special Conditions Of Contract In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. Matters Governing Performance Of The Supplier, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Included In The Gcc And Special Conditions Of Contract. Any Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Special 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. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To 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 Of Ra No. 9184 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: “the Delivery Terms Applicable To This Contract Are Delivered At Basc, San Ildefonso, Bulacan. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Dr. Ma. Melanie A. Cruz And Mr. Florentino S. Casuco, Jr. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof 2.2 The Terms Of Payment Shall Be As Follows: 15% : Upon Submission Of Signed Contract 25% : Submission And Acceptance Of Detailed Work Plan And Systems Design 1. University Information System 2. Learning Management System 3. Cashiering System 4. Human Resource Management System & Time Keeping System 5. Payroll Management System 6. Assets & Fleet Management System 7. Document Management System 8. Trouble Ticketing System 9. Queuing / Appointment System 10. Executive Information System 11. Campus Portal System 12. University Library System 13. Econference Room W/ Video Conferencing 14. Internet Connectivity 15. Campus Network System 16. Fiber Optics Works 17. Structured Cabling Works 18. It Security Operations Center & Network Operations Center 19. Campus Data Center Upgrade 20. Data Center Network Switches 21. Data Center Compute System & Data Center Block And File Storage System 22. Data Center Backup And Recovery System 23. Cloud Infrastructure 24. Ip-pabx System 25. Software & Networking Laboratories 26. E-classroom, E-room Infrastructure And Smart Led Solar Powered Light 27. E-library Infrastructure 28. Smart Function Hall 26.43% 1st Batch Hardware Completion Of Equipment Deliverables For The Following Components At Basc Facility 1. It Security Operations Center & Network Operations Center 2. Campus Data Center Upgrade 3. Data Center Network Switches 4. Data Center Compute System & Data Center Block And File Storage System 5. Data Center Backup And Recovery System 6. Ip-pabx System 7. Software & Networking Laboratories 8. E-classroom, E-room Infrastructure And Smart Led Solar Powered Light 9. E-library Infrastructure 10. Smart Function Hall 11. Campus Network System 12. Fiber Optics Works 13. Structured Cabling Works 14. Human Resource Management System & Time Keeping System 15. Document Management System 16. Queuing / Appointment System 1st Batch User Acceptance Testing (uat) Completion For The Following System Components At Basc Facility 1. Human Resource Management System & Time Keeping System 2. Payroll Management System 3. Assets & Fleet Management System 4. Document Management System 5. Trouble Ticketing System 6. Queuing / Appointment System 7. Campus Portal System 23.57% 2nd Batch Hardware Completion Of Equipment Deliverables For The Following Components At Basc Facility 1. Internet Connectivity 2. University Library System 3. Econference Room W/ Video Conferencing 2nd Batch User Acceptance Testing (uat) Completion For The Following System Components At Basc Facility 1. Cloud Infrastructure 2. University Information System 3. Learning Management System 4. Executive Information System 5. University Library System Hardware Installation, Configuration And Integration 1. Campus Network System 2. Structured Cabling Works 3. It Security Operations Center & Network Operations Center 4. Data Center Network Switches 5. Data Center Backup And Recovery System 6. Ip-pabx System 7. E-library Infrastructure Acceptance Of Volume Testing 1. University Information System 2. Learning Management System 3. Cashiering System 4. Human Resource Management System & Time Keeping System 5. Payroll Management System 6. Assets & Fleet Management System 7. Document Management System 8. Trouble Ticketing System 9. Queuing / Appointment System 10. Executive Information System 11. Campus Portal System 12. University Library System 13. Econference Room W/ Video Conferencing : Completion Of Training 1. University Information System 2. Learning Management System 3. Cashiering System 4. Human Resource Management System & Time Keeping System 5. Payroll Management System 6. Assets & Fleet Management System 7. Document Management System 8. Trouble Ticketing System 9. Queuing / Appointment System 10. Executive Information System 11. Campus Portal System 12. University Library System 13. Econference Room W/ Video Conferencing 14. Campus Network System 15. It Security Operations Center & Network Operations Center 16. Campus Data Center Upgrade 17. Data Center Backup And Recovery System 18. Smart Function Hall 10% : Project Acceptance And Turnover 1. University Information System 2. Learning Management System 3. Cashiering System 4. Human Resource Management System & Time Keeping System 5. Payroll Management System 6. Assets & Fleet Management System 7. Document Management System 8. Trouble Ticketing System 9. Queuing / Appointment System 10. Executive Information System 11. Campus Portal System 12. University Library System 13. Econference Room W/ Video Conferencing 14. Internet Connectivity 15. Campus Network System 16. Fiber Optics Works 17. Structured Cabling Works 18. It Security Operations Center & Network Operations Center 19. Campus Data Center Upgrade 20. Data Center Network Switches 21. Data Center Compute System & Data Center Block And File Storage System 22. Data Center Backup And Recovery System 23. Cloud Infrastructure 24. Ip-pabx System 25. Software & Networking Laboratories 26. E-classroom And E-room Infrastructure And Smart Led Solar Powered Light 27. E-library Infrastructure 28. Smart Function Hall 4 The Inspections And Tests That Will Be Conducted Are: On Site Testing Of All Items To Be Procured. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Delivered, Weeks/months 1 University Information System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 2 Learning Management System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 3 Innovative Cashiering System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 4 Human Resource Management System & Time Keeping System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 5 Payroll Management System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 6 Assets & Fleet Management System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 7 Document Management System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 8 Trouble Ticketing System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 9 Queuing System / Appointment System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 10 Executive Information System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 11 Campus Portal System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 12 University Library System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 13 Econference Room W/ Video Conferencing 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 14 Internet Connectivity 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 15 Campus Network System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 16 Fiber Optics Works 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 17 Structured Cabling Works 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 18 It Security Operations Center & Network Operations Center 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 19 Campus Data Center Upgrade 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 20 Data Center Network Switches (network Infrastructure) 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 21 Data Center Compute System & Data Center Block & File Storage System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 22 Data Center Backup And Recovery System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 23 Basc Cloud Infrastructure 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 24 Ip-pabx System 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 25 Software And Networking Laboratories 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 26 E-classroom And E-room Infrastructure And Smart Led Solar Powered Light 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 27 E-library Infrastructure 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed 28 Smart Function Hall 1 Lot 280 Calendar Days From Receipt Of Notice To Proceed For Details See Terms Of Reference [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts, Descriptions Of The Lots Or Items) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness , And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 University Information System 2 Learning Management System 3 Innovative Cashiering System 4 Human Resource Management System & Time Keeping System 5 Payroll Management System 6 Assets & Fleet Management System 7 Document Management System 8 Trouble Ticketing System 9 Queuing System / Appointment System 10 Executive Information System 11 Campus Portal System 12 University Library System 13 Econference Room W/ Video Conferencing 14 Internet Connectivity 15 Campus Network System 16 Fiber Optics Works 17 Structured Cabling Works 18 It Security Operations Center & Network Operations Center 19 Campus Data Center Upgrade 20 Data Center Network Switches (network Infrastructure) 21 Data Center Compute System & Data Center Block & File Storage System 22 Data Center Backup And Recovery System 23 Basc Cloud Infrastructure 24 Ip-pabx System 25 Software And Networking Laboratories 26 E-classroom And E-room Infrastructure And Smart Led Solar Powered Light 27 E-library Infrastructure 28 Smart Function Hall For Details See Terms Of Reference [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ Republic Of The Philippines Bulacan Agricultural State College Address: Pinaod, San Ildefonso, Bulacan Website: Https://basc.edu.ph/ Tel/fax No.: (044) 931 8660 Terms Of Reference Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub   Definition Of Terms Key Description Internet-based Application A Client/server Application That Uses Standard Internet Protocols For Connecting The Client To The Server. Acl Access Control List Ap Transmit Power Access Point Transmit Power Aec Acoustic Echo Cancellation Ad Database Active Directory Database Arp Address Resolution Protocol Awg American Wire Gauge Api Application Programming Interface Abc Approved Budget Cost Ai Rf Artificial Intelligence Radio Frequency Afms Assets & Fleet Management System Aes/ebu Audio Engineering Society / European Broadcasting Union Ah Authentication Header Ajb Auto Jitter Buffer Agc Automatic Gain Control Agronomy The Application Of Science And Technology From The Fields Of Biology, Chemistry, Economics, Ecology, Soil Science, Water Science, Pest Management, And Genetics To The Improvement And Management Of The World's Major Food Crops. Animal Husbandry The Branch Of Agriculture Is Concerned With Animals That Are Raised For Meat, Fiber, Milk, Or Other Products. It Includes Day-to-day Care, Management, Production, Nutrition, Selective Breeding, And Livestock Raising. Anpr Camera Automatic Number Plate Recognition Camera Basc Bulacan Agricultural State College Bunas Bulacan National Agricultural School Bi Dashboard Business Intelligence Dashboard Cmmi5 Capability Maturity Model Integration 5 Cpu Central Processing Unit Ca Certificate Authentication Certificate Authority Certificate Authentication Cor Certificate Of Registration Ceh Certification Certified Ethical Hacker Certification Cgeit Certified In The Governance Of Enterprise It Isc Certified Information Systems Security Professional Cpmp Certified Project Management Practitioner Cos Class Of Service Cctv Closed-circuit Television Cng Comfort Noise Generation Dtr Daily Time Record Dpa Data Privacy Act [r.a. No. 10173] Db Decibel Dbm Department Of Budget And Management Dscp Differentiated Services Code Point Dsp Digital Signal Processing Dvi Digital Visual Interface Dss Direct Station Selection Dr Drills Disaster Recovery Drills Dms Document Management System Dns Domain Name System Ddr4 Double Data Rate 4 Dfp Dynamic Fabric Provisioning Dhcp Dynamic Host Configuration Protocol Dps Dynamic Path Selection Ecc Employee Compensation Contribution Esp Encapsulating Security Payload Eis Executive Information System Xlr External Line Return Fpi Fabric Performance Impact Fspf Fabric Shortest Path First Foc Fiber Optic Cable Ftp File Transfer Protocol Fdmi Flat Display Mounting Interface Fhd Ir Full High Definition Infrared Camera Fqdn Fully Qualified Domain Name Fdm Fused Deposition Modeling Gbe Gigabit Ethernet Gb Gigabyte Gbps Gigabyte Per Second Gui Graphical User Interface Gddr5 Graphics Double Data Rate 5 Hdd Hard Disk Drive Hi-fi High Fidelity Hdmi High-definition Multimedia Interface Hf Amplifier High-frequency Amplifier Hris Human Resource Information System Http Hypertext Transfer Protocol Ict Information And Communications Technology Ict Information Communication Technology Itil Certification Information Technology Infrastructure Library Certification Ir Infrared Radiation Ir/rgb Infra-red/red, Green And Blue Ieee Institute Of Electrical And Electronics Engineers Ipmi Intelligent Platform Management Interface Iec Standard International Electrotechnical Commission Standard Iso International Organization For Standardization Igmp Internet Group Management Protocol Ike Internet Key Exchange Ip Internet Protocol Ipofc Internet Protocol Over Fibre Channel Ip-pabx Internet Protocol Private Branch Exchange Ipsec Internet Protocol Security Ipv4 Internet Protocol Version 4 Ipv6 Internet Protocol Version 6 Isp Internet Service Provider Isl Trunking Inter-switch Link Trunking Management Tunnel Encryption It Is A Secure Channel Or Connection Established Between A Management Station And A Network Device To Remotely Manage And Configure The Device. Intelligent Load Balancing It Is The Technique Used In Computer Networking And Server Management To Distribute Incoming Network Traffic Or Workload Across Multiple Servers Or Resources In A Way That Optimizes Resource Utilization, Improves Performance, And Ensures High Availability. Kpi Key Performance Indicator Kvm Keyboard, Video, Mouse Lms Learning Management System Ldap Lightweight Directory Access Protocol Lacp Link Aggregation Control Protocol Lan Local Area Network Lf Amplifier Low-frequency Amplifier Mac Media Access Control Mp Megapixels Ms Milliseconds Mcb Miniature Circuit Breaker Maps Monitoring And Alerting Policy Suite M-lag Multichassis Link Aggregation Group Mimo Multiple-input And Multiple-output Nhmfc National Home Mortgage Finance Corporation Nat Network Address Translation Nat-t Network Address Translation-traversal Ndi Network Device Interface Nic’s Network Interface Cards Nvme Network Address Translation Ops Open Pluggable Specification Ospf Open Shortest Path First Oem Original Equipment Manufacturer Oem Certification Original Equipment Manufacturer Certification Pppoe Point-to-point Protocol Over Ethernet Pptp Point-to-point Tunneling Protocol Pvc Polyvinyl Chloride Pdu Power Distribution Unit Poe Power Over Ethernet Pacu Precision Air-conditioning Units Pc Project Category Psc Project Sub– Category Rfid Radio Frequency Identification Ram Random Access Memory Rdp Read Diagnostics Parameter Rstp Real-time Streaming Protocol Rj Registered Jack Rdbms Relational Database Management System Rh Relative Humidity Rcs Reliable Commit Service Rog Report Of Grades Rotc Reserve Officers' Training Corps Rpm Revolutions Per Minute Rip Routing Information Protocol Srtp Secure Real-time Transport Protocol Ssl Secure Sockets Layer Ssl Vpn Secure Sockets Layer Virtual Private Network Sata Serial Advanced Technology Attachment Sp Service Provider Ssid Service Set Identifier Sip Session Initiation Protocol Stp Shielded Twisted Pair Sms Short Message Service Sns Simple Name Server Sso Single Sign-on Sddq Slow Drain Device Quarantine Sddq Slow Drain Device Quarantine Sfp Small Form-factor Pluggable Cadre A Small Group Of People Specially Trained For A Particular Purpose Or Profession. Ssd Solid State Drive Spl Sound Pressure Level Soa Statement Of Account San Storage Area Network Sqlnet Structured Query Language Network Tb Terabyte Encrypted Communication The Process Of Encoding Information In Such A Way That Only Authorized Parties Can Access And Understand It. Tat Time & Attendance Terminal Tor Transcript Of Records Tcp/ip Transmission Control Protocol/internet Protocol Tls Transport Layer Security Tftp Trivial File Transfer Protocol Uhd Ultra High Definition Ups Uninterruptible Power Supply Usb Universal Serial Bus Uis University Information System Utp Unshielded Twisted Pair Udp User Datagram Protocol Ui User Interface Vga Video Graphics Array Vram Video Random-access Memory Vlan Virtual Local Area Network Vms Virtual Machines Vpn Virtual Private Network Vad Voice Activity Detection Voip Voice Over Internet Protocol Wpa Wi-fi Protected Access Wep Wired Equivalent Privacy Wan Wireless Area Network Wi-fi Wireless Fidelity Wips Wireless Intrusion Prevention System I. Introduction A. Executive Summary The Bulacan Agricultural State College (basc) Was Established In 1952. It Started As The Community Agricultural School In Bintog, Plaridel, Bulacan With About 100 Students. The Succeeding Years Saw An Increase In The Number Of Students. Unlike Before, Students Came Not Only From The Local Community But Also From Elsewhere In The Province. With This, The School Was Aptly Named The Bulacan Provincial High School. In 1955, With A Growing Population And A Need To Accommodate The Same, Presidential Proclamation No. 163 Was Issued Allocating 200 Hectares Of Land For The School In Pinaod, San Ildefonso, Bulacan. Not Long After, Republic Act (r.a.) No. 948 Was Issued Changing The School’s Name To Bulacan National Agricultural School (bunas). In 1960, Tertiary Education Was Offered In Bunas With A Two-year Associate In Agriculture Program, Which Eventually Led To The Offering Of The Bachelor Of Science In Agriculture Degree With Majors In Agronomy And Animal Husbandry. Cognizant Of The Broad-based Agricultural Education And Training Needs Of The Bulakeños, Hon. Ricardo C. Silverio, And Then Representative Of District Ii Of The Province Of Bulacan Authored House Bill No. 2389 Which Moved For An Expanded Educational Program For Bunas. With The Bilateral Approval Of Both Houses, President Fidel V. Ramos Signed R.a. No. 8548, Officially Converting The Bunas Into A Chartered State College Known As The Bulacan National Agricultural State College On February 24, 1998. Its Name Was Changed To Bulacan Agricultural State College By Virtue Of R.a. No. 9249 Signed By Her Excellency Gloria Macapagal Arroyo On February 19, 2004. As Mandated By Its Charter, Basc Shall Provide Higher Professional, Technical, And Special Instructions For Special Purposes And Promote Research And Extension Services And Advanced Studies In Agriculture, Arts And Science Programs, And Other Allied Courses. It Shall Also Offer Short-term Technical And Vocational Non-degree Courses Within Its Area Of Specialization To Meet The Needs Of Its Constituents. Basc Main Campus Is Situated In Pinaod, San Ildefonso, Bulacan. It Has Three Extension Campuses – Doña Remedios Trinidad Campus; Balagtas Technical Vocational School Campus; And Fortunato Halili National Agricultural School. The Basc Board Of Trustees Is The Policy-making Body Of The College Composed Of The Following: Chairperson: Chairperson, Commission On Higher Education Vice-chairperson: President, Bulacan Agricultural State College Members: Chairperson, Senate Committee On Higher And Technical Education Chairperson, House Committee On Higher And Technical Education Director, Neda Region Iii Director, Da Region Iii President, Basc Alumni Association Faculty Trustee Student Trustee Prominent Citizen Resource Person: Director, Dost Region Iii The College Is Headed By Its President, Dr. Jameson H. Tan, And Assisted By Dr. Cecilia S. Santiago, Vice President For Academic Affairs; Dr. Ronald Reagan T. Alonzo, Vice President For Administration, Finance And Business Affairs; And Dr. Honeylet J. Nicolas, Vice President For Research, Extension, Production And Development. The Bulacan Agricultural State College Shall Strive For Excellence In Agriculture And Other Allied Disciplines. It Shall Provide For And Address Ever-changing Educational Needs And Services For Those Seeking To Expand Their Intellectual Horizons. Basc Shall Address National And International Issues And Be Established As A Major Presence And Contributor To The Progress Of The Global Community. To Ensure The Training Of Productive And Competitive Graduates In Agriculture And Other Related Disciplines, Basc Is Keen On Delivering The Following Goals/objectives. 1. Produce Quality Graduates Equipped With Knowledge And Expertise Enough To Meet The Demands And Challenges Of The Fast-changing Society. 2. Develop A Cadre Of Highly Competent Manpower To Implement The Various Academic, Research, Extension, Training, And Production Programs Of The College. 3. Undertake Relevant Research, Extension, And Training Programs To Accelerate Productivity And For Additional Income Of People In Rural And Urban Areas. 4. Promote The General Welfare Of The Faculty And Staff As Well As The Students. 5. Maintain A Wholesome Academic Community Conducive To Learning By Providing A State-of-the-art Laboratory, Information And Communication Equipment, And A Modern Library, Sports, And Other Facilities. 6. Establish Networks, Linkages, Or Collaboration With Other Stakeholders To Take Advantage Of The Synergy For Fund Sourcing. 7. Develop And Implement Resource Generation Projects To Modernize And Sustain The Operation Of The College. 8. Implement An Improved Administrative Efficiency And Financial Management System. Delivering These Goals/objectives Would Require Adding And Improving Systems As Well As Information Communication Technology (ict) Equipment For Basc To Provide Better Management, Process, Technology, And System, Thus, Achieving An Improvement For The Goals Outlined Above. The Agency Aligns Its Support Commitments To Its Core Programs Focused On The Desired Impact Of Improved Ict Equipment And Systems Using The Latest Technology And Developing A Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub. To Address These Services, Systems Are Needed To Properly Put In Place All The Information. These Systems Will Target All The Services Mentioned In Such That Each Service Will Be Dealt With One By One As Follows: 1. University Information System – A Platform That Can Oversee And Streamline All Aspects Of University Operations, From Student Admission, Enrollment, Student And Alumni Services, Faculty And Staff Management, Curriculum Management, Grades, And Academic Progress. 2. Learning Management System – It Should Integrate Course Development, Distribution, Evaluation, And Control Into A Unified, Device-compatible Interface. It Facilitates Personalized Learning Trajectories That Enhance Student Engagement And Achievement By Centralizing Communication, Content, Analytics, And Work Process Automation. 3. Cashiering System – This Is A Cutting-edge And Highly Efficient Solution To Transform Cashiering Operations Within The Basc Setting. 4. Human Resource Management System & Timekeeping System – Integrates All Human Resource (hr) Functions Into A Unified System Designed To Streamline Hr Process Workflow And Improve Data Management, Data Security, Integrity, Onboarding, Benefits Administration, Compliance, Performance Tracking, Development, And Retention. 5. Payroll Management System – This Represents A Cutting-edge Solution To Revolutionize And Simplify Payroll Management. 6. Assets & Fleet Management System – A Comprehensive Platform Designed To Assist The University In Efficiently Monitoring And Administering The University’s Valuable Assets And Fleet Of Vehicles. 7. Document Management System – A Digital Platform Designed To Consolidate And Enhance The Document Management Processes Within Basc. 8. Trouble Ticketing System – Provides Centralized Incident/problem Reporting, Coordinated Troubleshooting, Assignment, Tracking, Knowledge Base Documentation, And Customer Communication Streams To Rapidly Restore Technology Performance And Availability While Optimizing Resource Efficiency And Minimizing Disruptions Across Users And Business Operations. 9. Queueing / Appointment System – A Solution Designed To Streamline And Enhance The Way Universities Handle Queues And Appointments For A Wide Range Of Services. 10. Executive Information System – Selectively Aggregate, Analyze, And Visualize Kpis On Vital Organizational Statistics From Integrated Bi Dashboards Tuned To Strategic Objectives To Reveal Insights Driving Informed Decisions And Management By Exception For Optimized, Data-driven Governance And Outcomes. 11. Campus Portal System - This Should Encompass Intranet Platforms Facilitating Single Sign-on Access For Faculty, Staff, And Administrators. These Portals Practically Incorporate Critical Academic Resources, College Services, And Administrative Systems For Their Respective Roles. 12. University Library System – Consolidates The Management Of Physical And Digital Resources On Campus. These Include Discovery Layers, Circulation, Patron Records, Book/media Cataloging, And User Usage Analytics. 13. Econference Room With Video Conferencing – A Solution Designed To Streamline And Enhance The Institution By Facilitating Seamless Real-time Communication Between Individuals Or Groups In Different Locations. Reporting And Any Associated Sub-modules Thereof May Be Necessary. Ii. Project Objectives A. General Objectives The Main Objective Of Bulacan Agriculture State College (basc) Is To Enhance The Educational Experience, Improve Campus Operations, And Address The Needs Of Students, Faculty, And Staff In An Efficient, Sustainable, And Forward-thinking Way. The System Shall Be Securely Accessible By All Stakeholders Anytime And Anywhere. B. Specific Objectives The Project Aims To Provide A System With The Following Features: • The System Must Promote The Virtue Of Transparency. • The System Runs On An Internet-based Application. • The System Is Available On Both Android And Ios Mobile Devices. • The System Should Record And Track Potential Students From Their First Inquiry To Enrollment. • The System Should Record And Calculate Grades, As Well As Facilitate The Transmission Of Grades To The Dean’s And Registrar’s Office. • The System That Manages Academic Records, Courses, And Academic-related Information For Students. • The System Should Record Each Student's Class Attendance And Allow The Teachers To View It. • The System Should Have A Dashboard For Quickly Identifying The Total Quantity Of Tasks, Assignments, Tests, Quizzes, Finished Projects, And Subjects For Each User. • The System That Handles The Student’s Enrollment Charges, Accounts Receivable, Payment, And Adjustment Of Student’s Fees. • The System Should Have An Online Registration That Automatically Assesses Fees. • The System That Can Manage The Payments Of The Students Includes Printing Official Receipts And Cashier Settings. • The System Can Manage Registrar Department Transactions From The Submission Of Records, Enrollment Up To Graduation, And The Issuance Of Transcript Of Records Of Students. • The System That Can Manage And Monitor Students’ Health And Well-being. • The System Can Display Upcoming Events, Announcements, And News. • The System Handles The Alumni Master File And Enables The User To Create, Edit, And Update The Alumni Profile. • The System Can Enable Parents To Monitor The Activities And Progress Of Their Children. • The System Is Accessible Anywhere, Anytime. • The System That Is User-friendly. The Proposal To Be Submitted Shall Include The Following: • Executive Summary. O Cost Of The System O Advantages Of The Proposal • Company Information • Solution Overview O Solution Architecture O High-level Component Description • Process Flows • Detailed Description Of Sub-system • Technical Specification • Dimensioning • Web-based System • Mobile Web Access (android And Ios) • Project Workshop • Performance Management • Hardware And Site Information • Installation And Trainin Iii. Scope Of Work The Project Comprises Several Phases Of Development And Implementation. It Includes Not Only The Provision Of The Software Development/customization Services, Hardware, And Network With Accessories But Also Support Services, Necessary To Achieve The Project’s Objective. A. Systems Analysis This Phase Covers The Data Collection Process In Order To Improve The Efficiency Of Related Systems In Basc. The Process Includes But Is Not Limited To The Following: 1. Data Gathering, Consultation, And Evaluation Of Existing Systems-related Information Management Systems In Basc. 2. Documentation, Assessment, And Testing Of The Existing Basc Processes. 3. Preparation, Assessment, And Evaluation Of The Current Database Of The Existing Systems. 4. Identification Of Issues, System Requirements, And Development Opportunities Of The Existing Versus The Proposed System. 5. Data Migration Plan, Execution Plan, Reversion Plan, Backup Plan, And Verification Process From Existing Database To New Database. 6. Actual Migration And Verification Of Data. 7. Executions Of Backup Plan. 8. Post-migration Verifications. 9. Capacity Planning. 10. Knowledge Transfer B. Systems Design And Development Supply, Install, And Implement A System Upgrade For Availability To A Web, Desktop, And Mobile Version, Inclusive Of (2) Two Years Of Software And Maintenance Support. The Solution Shall Include The Following Modules And Sub-modules Of The System Software: The Development/customization Of The System Consists Of But Is Not Limited To The Five Functionalities: (a) Information Management; (b) Provision Of Statistical Chart On Dashboard; (c) Service Status Monitoring; (d) Security Management; (e) Reporting And Any Associated Sub-modules Thereof As May Be Necessary. B.1 Pre-requisite Setup Module ● University Information Settings ● Secured Access Management ● Module To Set Organizational Units With The Following Hierarchy ○ University > Campus > College > Department ○ Approval Level Hierarchy ● The Admission Setups Should Have The Following: Document Types, Application Types, Admission Limits, Entrance Exams, Entrance Exam Schedules, Interview Schedules, Medical Schedules. ● Furthermore, Clinic Records Management Setups That Play A Vital Role In University Operations. ● Clearance Management Setups ● Learning Management Settings ● Secured Access Management ● It Should Have A Configuration Grading Parameters, Rubrics Matrix Of The Activities, Major Course Output (mco), Syllabus, And Lesson Plans. ● Cashiering Settings ● Secured Access Management ● Cashiering Setup: Must Allow Setting Up Customer Master Data, Accounts Group, Sub Groups, Discounts, Collection Of Terms Settings, And Interests, Fines, & Penalties Settings. ● Human Resource Management Settings ● Secured Access Management ● Holiday: Holiday Types And Holidays ● People Attributes: Talents, Hobbies, And People Relationships ● Hr Settings: Employment Types, Positions, And Leave Types ● Schedule Settings: Schedule Templates And Schedule Parts ● Government Settings: Withholding Tax, Sss, Philhealth, Pag-ibig, Gsis. ● Salary Grades: Salary Grades And Salary Level ● Default Leave Types: Manage Default Leave Types, Which Are Used For Easy Assignment Of Leaves To Employees (e.g., Regular, Jo, Casual, Oyster, And Part-time Employees) ● Training And Seminar: Manage Training And Seminar; Use For Easy Training, Seminar, Certification, And Workshop Creation. ● Manage Suspension Types ● Manage Termination Types ● Payroll Settings ● Secured Access Management ● Mandatory Deductions: ○ Withholding Tax ○ Philhealth Contribution ○ Pag-ibig Contributions/home Development Mutual Fund (hdmf) ○ Gsis Contribution ● Loans ○ Gsis Mpl (multi-purpose Loan) ○ Gsis Gfal (governmentfinancial Assistance Loans) ○ Gsis Housing Loan ○ Gsis Policy Loan ○ Gsis Computer Loan ○ Gsis Salary Loan ○ Gsis Consolidated Loan ○ Gsis Emergency Loan ○ Gsis Educational Loan ○ Gsis Old Loan ○ Pag-ibig Housing Loan ○ Pag-ibig Multi Purpose Loan ○ Pag-ibig Calamity Loan ○ Grocery Loan ○ Koop ○ Hospital Bills Loan ○ Psmb Fund ○ National Home Mortgage Finance Corporation(nhmfc) ○ Provident Fund ○ Land Bank Of The Philippines(lbp) Salary Loan ○ Unlimited Optional Life Insurance (uoli) ○ Development Bank Of The Philippines (dbp) Loan ● Other Deductions ○ Absences/lates ○ Sss Contribution ○ Gsis Optional Insurance ○ Pag-ibig Mpii ○ Child Support ○ Philhealth Up ○ Additional Tax ○ Basc Personnel Credit Cooperative (pcc) ○ Basc Faculty And Employee Association (fea) ● Other Income ○ Overtime (e.g., Normal O.t., Rest Day O.t., Holiday O.t., Non-working Holiday O.t., And Special Non-working Holiday O.t.) ○ Night Differential ○ Salary Adjustment ○ Pera (personnel Economic Relief Allowance) ○ Meal Allowance ○ Fitness Allowance ○ Transportation Allowance ○ Rice Allowance ○ Uniform Allowance ○ Laundry Allowance ○ Communication ○ Internet Allowance ○ 13th Month ○ Bonus Pay ○ Retirement Pay ● Assets And Fleets Management Settings ● Secured Access Management ● Asset Groups ● Asset Categories ● Asset Types ● Asset Articles ● Annual Procurement Plan (app) / Project Procurement Management Plan (ppmp) ● Document Management Settings ● Secured Access Management ● Delivery Type ● Document Category ● Document Security Level ● Document Type ● Process Flow ● Trouble Ticketing Settings ● Secured Access Management ● The Solution Must Have A Maintenance Module For Category Settings. ● The Solution Must Have A Maintenance Module For System Settings. ● The Solution Must Have A Maintenance Module For Types Settings. ● The Solution Must Have A Maintenance Module For State Settings. ● The Solution Must Have A Maintenance Module For Impact Settings. ● The Solution Must Have A Maintenance Module For Urgency Settings. ● The Solution Must Have A Maintenance Module For Team Settings. ● Executive Information Settings ● Secured Access Management ● Dashboard Configuration And Control ● Campus Portal Settings ● Secured Access Management ● Basc Active Directory W/ Configuration ● Themes Configurations ● University Library Settings ● Secured Access Management ● Access Control ● Library Locations ● Shelves Mapping ● Call Number/book Mapping ● Queueing/appointment Settings ● Secured Access Management ● The Solution Must Have An Office/department Setups To Manage The List Of Office/departments. ● The Solution Must Have A Service Set Up To Handle The List Of Services. ● The Solution Must Have Window Settings To Manage The Window List. ● The Solution Must Have Window-type Setups To Control The Queueing System Window Types. ● The Solution Must Have Marquee Setups To Configure The Footer Data Or Information. ● The Solution Must Have Printer Setups To Manage The List Of Printers. ● The Solution Must Have Advertisement Setups To Manage The List Of Advertisements. B.2 University Information System ● Academics ● The Solution Must Enable The Setup Of Courses, Sections, Course Programs, And Curriculum. ● The Solution Must Include A Course Master List To Manage And View Course Information, Course Program Inclusion, And Section Details. ● The Solution Must Include A Master List Of Course Programs To Streamline The Management And Viewing Of Course Program Information, Curriculum Details, And Curriculum Structure. ● The Solution Must Include A Curriculum List To Easily Manage And View Academic Progression Or Flowchart. ● Enrollment Module ● The System Must Have An Online Registration With Automatic Assessment Of Fees, Interconnected With The Other Modules To Facilitate The Automatic Course Advising. ● The System Must Have A Monitoring Of Section Fill Rates. ● The System Must Have A Post-enrollment (adding/changing/dropping) Module. ● The System Must Support Automatically Generating A “list Of Allowed Subjects And Schedules To Be Taken”. ● The System Must Support The Ability To Prevent Choosing Subjects With Prerequisites Not Yet Taken. ● The System Must Support The Ability To Show The Maximum Number Of Allowed Units A Particular Student Can Enroll In Based On Previous Semester Grades With The Capability To Add And Decrease Units By The Registrar Department. ● The System Must Support Enlistment To Rotc And Pe Subjects. ● The System Must Support The Automatic Generation Of Assessment Slips And Registration Slips. ● The System Must Have A Curriculum Auditing. ● The System Must Support Students' Online Queries Of Available Subjects. ● The System Must Support The Generation Of Reports Such As A Summary Of Enrolled Students. ● Section Management Module ● The Solution Must Be Able To Assist In Creating Multiple Sections For Courses To Accommodate Varying Class Sizes, Instructor Availability, And Scheduling Preferences. ● The System Must Aid In Managing Instructor Workloads To Ensure Equitable Distribution Of Teaching Assignments And Compliance With Contractual Obligations. ● The Solution Must Provide Real-time Updates And Notifications To Students, Faculty, And Staff Regarding Changes To Class Schedules, Room Assignments, Or Instructor Assignments. ● The System Must Be Able To Generate Reports On Room Utilization, Resource Usage, And Scheduling Patterns To Inform Decision-making And Resource Allocation. ● The Solution Must Be Able To Enroll Students In Courses And Sections Using Normal Scheduling Techniques While Supporting Non-standard Term Arrangements. ● The System Must Be Able To Generate Schedules For Both Students And Professors. ● Admission Module ● The Solution Must Allow The Creation Of Applications For Potential Students. ● The Solution Must Contain A List Of Applicants To Easily Manage/view The Applicant’s Complete Information, Attachments, And Progress Status. ● The Solution Must Allow The Setting Of Admission Limits To Know The Number Of Allowed Applicants Quickly. ● The Solution Must Allow Applicant Pooling That Is Printable. ● Must Have A List Of Applicants Scheduled For The Entrance Exam, Interviews, And Medical. ● The Solution Must Be Able To Customize The Requirements Of Students For Admission. ● Must Support The Fast Generation Of Reports For The List Of Applicants. ● Grade Management Module ● The System Maintains Complete Records Of The Academic Grades Of The Students. ● The System Must Facilitate Academic Grade Crediting For Transfer Students. ● The System Must Have A Module To Handle Effortless Reviews Of Grades Submitted By Faculty Members. ● The Students Must Be Able To View Their Historical Grades Anytime Thereby Replacing Class Cards. ● Registrar Module ● Must Have Tools To Monitor And Manage Various Operations Of The Registrar Like Monitoring Screen For Records, Certification, And Documents Requested By Students And Alumni. ● Must Contain Complete Student Information, Academic Data File, And Scanned Submitted Documents Of Students. ● Must Support The Fast Generation Of Tor, Cor, Rog, And Form 9 ● Must Be Capable Of Generating A List Of Candidates For Graduation, Scholarships, And Honors. ● The Solution Must Allow The Generation Of The Following Reports: Academic Evaluation, Official List Of Enrollment, Diploma, Registration, Shiftee, Student Directory, Subject Masterlist, And Summary Of Enrollment Reports. ● Must Be Able To Apply Tags To Documents Being Submitted By New Enrollees And Remind The User Of Documents That Students Need To Submit. ● Must Have The List Of Student Subsidy And Adding Of Students For The Scholarship. ● The System Must Be Capable Of Correcting Student Grades. ■ Students With An 'incomplete' (inc) Grade Will Have One Year To Fulfill Requirements To Update Their Grades; Otherwise, The Grade Will Be Changed To A Failing Grade. ● Student Services ● Must Allow Teachers To Submit Requests For Grade Corrections In Case Of Errors Or Discrepancies In Their Recorded Grades. ● The Solution Must Facilitate Tracking The Progress Of Such Requests And Include Checks To Ensure The Necessary Supporting Documentation Is Provided. ● The Grade Correction Request Must Be Reviewed And Approved By Relevant Faculty Members And The Registrar. ● The Solution Must Allow Students To Request Essential Documents Such As Copies Of Report Cards And Academic Certifications For Various Purposes (e.g., Employment, Further Education, Or Personal Records.) ● The Solution Must Allow Students To Specify The Details Of Their Requests (e.g., Number Of Copies, Type Of Document, Purpose) And Provide Estimated Processing Times. ● The Solution Must Notify The Students About The Status Of Their Requests, From Submission To Approval And Document Issuance. ● The Solution Must Have A Feature That Supports Students To Request For Change Of Their Course Or Program Of Study. ● The Solution Must Have A Process That Involves Submitting A Detailed Request, Including The Reason For The Change And Relevant Supporting Information. ● Alumni Module ● The Solution Must Have An Alumni Module That Can Populate The Alumni Master File. ● The System Must Have A Record That Can Be Utilized To Contact The Alumni. ● The Solution Must Be Able To Update Alumni Information. ● The Solution Must Be Able To Search The Directory Of Alumni. ● The Solution Must Be Able To Update The Alumni Profile. ● Scholarship Management ● The System Must Serve As A Central Repository For All Scholarships. ● The Solution Must Handle Recurring Scholarships, Including Reminders To Renew. ● The Solution Must Provide Tools To Automatically Monitor Compliance With Scholarship Conditions (e.g., Gwa Maintenance). ● The System Must Be Integrated With Academic Records And Financial Systems For Validation. ● The System Must Be Able To Provide Real-time Application Status Tracking For Students. ● Awards And Distinction Management ● The System Must Provide A Streamlined Management Of Awards Through Automation. ● The System Must Be Able To Support Multiple Types Of Awards (e.g., Academic Excellence, Leadership, Research, Sports, And Cultural Activities) ● The System Must Be Able To Select Recipients By Committees. ● The System Must Be Able To Ensure Adherence To University Policies And Regulations Regarding Awards. ● The System Must Provide Fields To Define Award Qualifications (e.g., Gwa Thresholds, Competition Results, Or Nomination-based Recognitions) ● Academe Module ● The System Must Provide An Overview Of The Academic Organizational Chart Of The University's Faculties. ● Curriculum Module ● The System Must Provide Tools For Designing And Structuring Academic Programs, Including Defining Course Sequences, Corequisites, And Prerequisites ● The System Must Allow The User To Maintain A Comprehensive Catalog Of Available Academic Programs, Including Undergraduate Majors, Minors, Graduate Programs, And Certificates. ● Acts As A Map Between Program Learning Goals And Course Learning Objectives To Guarantee Coherence And Alignment Across The Curriculum. ● Block Sections Management Module ● The System Must Be Able To Efficiently Manage Student Groupings (block Sections) For Better Academic And Administrative Coordination. ● This Module Manages Predetermined Groupings Of Students Who Attend Classes Together For The Entirety Of A Course Or Academic Program. ● This Module Must Be Able To Automatically Assign Students To Sections Based On Predefined Rules, Such As Enrollment Data, Course Requirements, And Class Size Limits. ● Short Courses Management Module ● This Module Offers Enrollment Information, Fees, And Course Content For Tesda Courses And Other Modules. ● The System Should Include A Student List, Class Schedules, Faculty Assignments, Assessment Results, And The Issue Of Training Certificates, As Well As Other Data On Short-term Courses. ● Clinic Records Management Module ● The System Must Have A Component Designed To Facilitate The Management Of The Clinical Records Of The Students And The Dispensing Of Clinic Items. B.3 Learning Management System ● Administration Module ● The System Must Show Interactive Analytics ● The System Must Allow The Customization Of The Grading Transmutation. ● The System Must Allow The Customization Of The General Passing Percentage. ● Professor Module ● The System Must Show Interactive Analytics ● The System Must Automatically Retrieve The Classes Assigned To Teachers. ● The System Must Automatically Retrieve The List Of Students Enrolled In Each Class. ● The System Must Allow Teachers To Manage The Student Attendance Records. ● The System Must Support The Creation Of Lessons And The Attachment Of Related Files, Including Modules, Powerpoint Presentations, Excel Spreadsheets, Pdfs, Word Documents, Text Files, Videos, And Images. ● The System Must Permit The Addition Of User Activities, Such As Assignments, Projects, Quizzes, And Exams. ● The System Must Be Capable Of Creating And Generating A Rubric To Provide Clear Expectations For Each Evaluation Criterion. ● The System Must Be Capable Of Generating The Student Portfolio For A Range Of 3 To 5 Years. ● The System Must Be Able To Archive The Students' Assignments, Projects, Quizzes, And Exams. ● The System Must Be Able To Have A Grade Consultation ● The System Must Allow Teachers To Set Time Limits For Activity Questions. ● The System Must Be Capable Of Preventive Measures For Cheating. (e.g. Disabling Screenshots) ● The System Must Enable The Configuration Of Date Ranges For Users To Complete Assigned Activities. ● The System Must Be Able To Set Schedules And Deadlines For Posting The Activities, And Quizzes. ● The System Must Allow The Shuffling Of Quizzes And Exam Item Numbers And Answers. ● The System Must Provide Immediate Visibility Of Scores On Activities Upon Completion. ● The System Must Allow The List Of Created Questions To Be Viewable And Editable By The Activity Creator. ● The System Must Support The Creation Of Lessons And Quizzes One At A Time, All With The Same Subject Description. ● The System Must Allow The Teachers To View The Grades Of His/her Students. ● The System Must Allow The Teachers To Generate Reports For Each Class. ● Student Module ● The System Must Show Interactive Analytics ● The System Must Have A Dashboard To Easily Identify The Total Number Of Completed Activities, Assignments, Quizzes, Exams, Projects, And Subjects Per User. ● The System Must Allow Students To Change Their Passwords And Usernames During Their Initial Login. ● The System Must Provide A Newsfeed Feature To Display Upcoming Events And The School's Mission And Vision. ● The System Must Enable Students To Upload Profile Pictures. ● The System Must Support Live Chat And Messaging Functionality Between Students Of The Class. ● The System Must Automatically Post Classes In Which A Student Is Enrolled To Their User Account. ● The System Must Support User/class Attendance Tracking Within The Learning Management System (lms). ● The System Must Enable File Attachments To Lessons That Are Downloadable To The Users' Devices. ● The System Must Allow Students To View The Results Of Their Activities. ● The System Must Ensure That Detailed Activity Results Are Posted. ● The System Must Include An Activity Stream To Summarize The Recent, Upcoming, Later, And Missed Activities Providing An Overview Of A Student's Activity Status. ● The System Must Include Notifications When There’s New Activity Uploaded, Modifications, And Grade Posting. ● The System Must Provide Visibility Into Student Ranking. ● Parents Module ● The System Must Enable Parents To Monitor The Activities And Progress Of Their Children Within The System. ● The System Must Support The Addition Of Children With No Limitations, With An Auto-identification Feature. ● The System Must Comply With The Data Privacy Act. ● Student Transcript Module ● The System Must Have An Academic Record Or Course Management ● The System Must Play A Crucial Role In Managing And Organizing Academic-related Information For Students. ● The System Must Have A Module That Focuses On Tracking And Displaying Details Related To Individual Courses, Classes, And Academic Progress. B.4 Cashiering System ● Cashier Module ● The System Must Be Capable Of Setting Up The Assessment Fees. ● The System Must Be Able To Keep A Record Of A Student's Soa And Its Current Status Whether It’s An Active Soa Or Inactive. ● The System Must Be Able To Preview Or Print Student’s Soa Based On The Selected Academic Year And Semester. ● The System Must Be Able To Have An Audit Trail For Any Actions Or Activity Made Per Account. ● The System Should Support Walk-in Payments At Physical Locations Whether By Cash Or By Check. It Should Enable The Manual Entry Of Payment Details And Generate Receipts. ● The System Must Be Capable Of Identifying Eligible Students Based On Predefined Criteria And Offer A Range Of Financial Incentives, Including Scholarships, Fee Reductions, And Grants. It Must Also Establish An Efficient Application And Selection Process While Promoting Transparency And Fairness In Awarding Scholarships. B.5 Human Resource Management System And Timekeeping System ● Employee Management Module ● The System Must Be Able To Provide A Single Repository Where All Employee Records Are Stored, Updated, And Maintained. ● The System Must Be Able To Reflect Any Updates Or Changes Made To The Master Database Across All Modules. ● The System Must Be Able To Allow Linkage Of Personnel Files To The University Information System. ● The System Must Be Able To Prepare And Generate An Employee Masterlist. ● The System Must Be Able To Set Up Organizational Units With A Hierarchy. ● The System Must Be Able To Provide A Viewable Organizational Chart Of The University, Which Is Linked To The Employee Plantilla Records. ● The System Must Be Able To Manage Employees Based On Their Plantilla Numbers. ● The System Must Be Able To Organize The Employee Hierarchy By Rearranging The Plantilla Numbers Of Specific Employees Through A Drag-and-drop Interface. ● The System Must Be Able To Provide Employee Self Service For The Following: ■ Request To Update Profile. ■ Receive Notifications, News, And Announcements. ■ View Attendance. ■ View Schedule. ■ View Leave Balances, Benefit Balance, And Ledgers. ■ View Monthly Net Pay Summary/payslip. ■ Request Dtr Correction. ■ Submit Requests For Leave, Overtime, Business Trip, And Six Days Of Work. ● The System Must Be Able To Record And Generate Audit Trail Reports. ● Time-keeping Monitoring Modules ● The System Must Be Able To Link With The Biometrics Attendance System. ● The System Must Be Able To Link With The Payroll Management System. ● The System Must Be Able To Do Auto-tracking Of Sick Leave And Vacation Leave Balances. ● The System Must Be Able To Monitor Regular And Special Holidays With Automated Computation Of Pay Rates. ● The System Must Be Able To Prepare A Summary Of Attendance And Absences. ● The System Must Be Able To Prepare A Summary Of Overtime For Validation And Approval. ● The System Must Be Able To Provide A Calendar Of Approved And Pending Leave Requests. ● The System Must Be Able To Set Up Holidays Such As But Not Limited To Recurring Regular-holidays And Special Non-working Holidays. ● The System Must Be Able To Set Up Template Schedules To Be Assigned To A Bulk/group/ Per Employee. ● The System Must Be Able To Record And Generate Audit Trail Reports. B.6 Payroll Management System ● Automated Payroll System ● The System Must Be Able To Provide The Analytics Of Payroll Reports With Real-time And Accurate Data. ● The System Must Be Able To Display, Create, And Manage Payroll Period/s For Generating Payroll Reports. ● The System Must Be Able To Create And Manage Payroll Groups And Assign Employees To Their Payroll Groups Accordingly. ● The System Must Be Able To Set Bank Details And Salary Pertaining To The Corresponding Employee’s Job Type, Salary Grade, And Step. ● The System Must Have A Feature That Customizes And Manages Employees’ Allowances, Deductions, Loans, And Other Compensation Components. ● The System Must Be Able To Export Files For All Tables/lists Within The Payroll System (e.g., Employee Lists, Payroll Reports For A Certain Period, And Others). ● The System Must Have A User Access Control Wherein The Administrator Can Manage Who Can View, Edit, And Delete The Employee And Payroll Information. ● The System Must Be Able To Track Audit Logs Including Who Accessed The System And Made Changes. ● The System Must Have A Feature For Providing Alerts And Notifications Regarding Updates About Generating Payroll Reports And Releasing Payslips. ● The System Must Be Able To Archive Data With Complete Accessibility For Future Reference. ● The System Must Have A Feature That Allows The User To Have Backup And Recovery To Maintain Historical Payroll Records For Auditing And Compliance Purposes. ● Mandatory Deductions And Contribution Module ● The System Must Be Able To Accurately Calculate And Deduct Mandatory Contributions Such As Gsis Contribution, Philhealth, Pag-ibig, And Withholding Tax. ● The System Must Be Able To Integrate With The Latest Bir Tax Tables To Ensure Compliance With Tax Regulations. ● The System Must Be Able To Automatically Generate Reports For Government Agencies. ● Other Deductions Module ● The System Must Allow Flexible Customization Of Other Deductions. ● The System Must Have A User-friendly Interface For Easy Input And Management Of Deduction Rules. ● Other Income Module ● The System Must Be Able To Accommodate Various Types Of Other Income. ● The System Must Be Able To Calculate The Appropriate Tax. ● Loans Module ● The System Must Be Able To Allow The Creation And Tracking Of Different Loan Types With Varying Interest Rates And Repayment Terms. ● The System Must Be Able To Automatically Compute Loan Amortization And Deduct Payments From Employee Salaries. ● The System Must Be Able To Automatically Update Loan Balances And Remaining Dues. ● Attendance Module ● The System Should Be Able To Record Employee Attendance And Generate Accurate Time And Attendance Reports. ● The System Must Be Able To Calculate Overtime, Night Differential, And Other Time-based Compensations. ● Bank Transmittal ● The System Must Be Able To Generate Accurate Bank Files For Payroll Disbursement. ● The System Must Be Compatible With Various Bank Formats To Ensure Seamless Integration With Banking Systems. ● Integration To Time Keeping Monitoring Module ● The System Must Be Able To Connect And Communicate With The Biometrics Attendance System. ● The System Must Be Able To Provide Automated Tracking Of Sick Leave And Vacation Leave Balances Of Employees. ● The System Must Be Able To Monitor Regular And Special Holidays With The Inclusion Of An Automated Computation Of Pay Rates. ● Integration To Hris System ● The System Must Be Able To Integrate Data With The Human Resources Information System (hris) For The Employees’ Relevant Data Including Basic Information, Job Position, Salary Grade, And Bank Details. ● The System Must Be Able To Integrate Data With Hris To Track Employee Work Hours, Including Regular Hours, Overtime, Absences, And Leave Requests. B.7 Assets & Fleet Management System ● Asset Management System ● The System Must Be Able To Show And Manage The General Information, Vendor Details, Warranty Information, Financial Info, And Depreciation Info. ● The System Must Be Able To Show The Operational Cost And Progress Of The Asset Requests. ● The System Must Be Able To Show Operational Costs And Progress Of The Asset Update. ● The System Must Be Able To Show The Operational Cost And Progress Of The Asset Auction. ● The System Must Be Able To Show Operational Costs And The Progress Of The Repair And Maintenance. ● The System Must Be Able To Show The Operational Cost And Progress Of The Decommissioning. ● The System Must Be Able To Show Operational Cost And Progress Of The Disposal. ● The System Must Be Able To Show The Operational Cost And Progress Of The Asset Issuance. ● The System Must Be Able To Show The Operational Cost And Progress Of The User Transfer. ● The System Must Be Able To Create, Update, And Delete Assets With Their Respective Information. ● The System Must Be Able To Create A Comprehensive Inventory Of All Assets, Including Physical Equipment, Software, Licenses, And Other Resources. Each Asset Is Typically Associated With Relevant Information Such As: ■ Article (laptops, Furniture, Or Journals) ■ Property Number ■ Assigned Number ■ Purchase Date ■ Vendor Name ■ Service Provider (optional If Different As To Vendor Name) ■ Financial Information ■ Required Documents (e.g., Purchase Request) ● The System Must Be Able To Track The Movement And Changes In The Status Of Assets. This Includes: ■ Recording Of Asset Transfers ■ Disposal ● Fleet Management System ● The System Must Be Able To Show And Manage General Information, Vehicle Registration Details, Vendor Details, Warranty Information, Financial Info, And Depreciation Info. ● The System Must Be Able To Show Operational Costs And The Progress Of The Fleet Requests. ● The System Must Be Able To Show Operational Costs And Progress Of The Fleet Update. ● The System Must Be Able To Show The Operational Cost And Progress Of The Fleet Auction. ● The System Must Be Able To Show Operational Costs And Progress Of The Repair And Maintenance. ● The System Must Be Able To Show The Operational Cost And Progress Of The Decommissioning. ● The System Must Be Able To Show Operational Cost, And Progress Of The Disposal. ● The System Must Be Able To Show Operational Cost, And Progress Of The Fleet Issuance. ● The System Must Be Able To Show Operational Cost, And Progress Of The User Transfer. ● The System Must Be Able To Show A Statistical Overview Of Fleets According To Its Categories And Types (e.g., Motorcycles, Service Vehicles, Heavy Equipment). ● The System Must Be Able To Have An Elaborative List Of Records Of All Fleets And Their Corresponding Information. ● The System Must Be Able To Have Integration With The Asset Management System To Be Able To Handle Instances Of Assets Being Carried On A Vehicle, Allowing Easier Management, Monitoring, And Inventory. ● The System Must Be Able To Create A Comprehensive Inventory Of All Fleets. Each Fleet Is Typically Associated With Relevant Information Such As: ■ Article (service Vehicle, Car, Heavy Equipment) ■ Body No./ Plate No./ Conduction Sticker No. ■ Assigned Department ■ Registration Information ■ Vendor Information ■ Insurance Information ■ Financial Information ■ Depreciation Information ■ Attachments ● Requisition And Issuance Slip ● Par ● Purchase Request ● The System Must Be Able To Have A Feature That Schedules And Tracks Vehicle Maintenance, Including Oil Changes, Tire Rotation,s And Physical Inspections. ● Inventory Management Module ● The System Must Be Accountable For Tracking, Managing, And Maintaining Various Assets And Fleets Owned Or Used By The Academic Institution. ● The System Must Be Able To Maintain A Centralized Database Of University-owned Resources, Including Computers, Equipment, Furniture, And Other Tangible Assets. B.8 Document Management System ● Document Management System (dms) ● The System Must Be Able To Track Both Physical And Electronic Documents. ● The System Must Be Able To Store Electronic Documents, Such As Pdfs, Word Processing Files, And Digital Images Of Paper-based Content. ● The System Must Be Able To Be A Centralized Repository Where Documents Can Be Easily Searched, Accessed, And Updated By Authorized Business Users. ● The System Must Be Able To Define The Recipient’s Routes With Information Such As Time & Date Sent, Time & Date Received, And Remarks. ● The System Must Be Able To Save/download Uploaded Attachments. ● The System Must Be Able To Generate Tracking With A Unique Batch Number As A Tracking Reference. ● The System Must Be Able To Provide Easier Identification Of Status For Users By Using Color Codes. ● The System Must Be Able To Send System Notifications On Printing Barcodes, Tracking Status Changes, Receiving Recipients, And Other System Actionable Functionalities. ● Process Flow Management ● The System Must Allow For The Customization Of Workflows To Accommodate Various Document Types And Other Business Processes. ● The System Must Offer A Visual Interface, Such As A Dashboard, To Display And Monitor Process Flows Efficiently. ● Routing Management ● The System Must Be Able To Automate The Routing Of Documents To Appropriate Individuals Or Departments Based On Predefined Rules And Flow. ● The System Must Be Able To Allow For Dynamic Routing, Where Documents Can Be Rerouted As Needed. ● The System Must Be Able To Provide Real-time Notifications To Users Upon Receipt Of A Document. ● The System Must Be Able To Include A History Log To Track The Routing Path For Auditing Purposes. ● Integration To Hris ● The System Must Be Able To Seamlessly Integrate With The Organization's Hris To Access Employee Information, Such As Names, Email Addresses, And Department Affiliations. ● Barcode Printing Module ● The System Must Be Able To Print Barcode Labels In Batches With A Unique Tag/number. ● The System Must Be Able To Provide Accurate Status Of The Document Based On The Printed/attached Barcode. ● Security Module ● The System Must Be Able To Record The Audit Trail For All The User Actions Inside The System. ● The System Must Provide Document Security And Access Control Depending On The Security Level. ● The System Must Be Able To Create/update Accounts And Give Them Access Rights Depending On The Business User's Role. B.9 Trouble Ticketing System ● Incident Ticket Management ● The System Must Be Able To Create A New Incident Ticket. ● The System Must Be Able To Identify Related Incident Tickets Based On Category, Type, System, And Description During Creation. ● The System Must Be Able To Assign The Incident Ticket To The Appropriate Team Based On The System Defined In The Assignment Rules. ● The System Must Be Able To Filter Incident Ticket Lists Based On State (e.g., Open, In Progress, Hold, Resolved, Closed, And All). ● The System Must Be Able To Show An Overview Of Incident Ticket Statistics, I.e.; ■ Open ■ Inprogress ■ Overdue ■ Overview Of Incident Ticket By Severity And State ● The System Must Be Able To Capture The Notes, Attachments, And Resolution Information. ● The System Must Be Able To Notify The Team Member To Whom The Ticket Is Assigned. ● The System Must Be Able To Notify The Team Manager To Whom The Ticket Is Assigned Whenever A Critical Ticket Is Created. ● Problem Ticket Management ● The System Must Be Able To Create A New Problem Ticket. ● The System Must Be Able To Create A New Problem Ticket From An Existing Incident Ticket. ● The System Must Be Able To Identify Related Tickets Or Problem Tickets Based On Category, Type, System, And Description During Creation. ● The System Must Be Able To Assign The Problem Ticket To The Appropriate Team Based On The System Defined In Assignment Rules. ● The System Must Be Able To Filter Problem Ticket Lists Based On Status (e.g., Open, In Progress, Hold, Resolved, Close,d And All). ● The System Must Be Able To Show An Overview Of Problem Ticket Statistics, I.e.; ■ Open ■ Inprogress ■ Overdue ■ Overview Of Incident Ticket By Severity And State ● The System Must Be Able To Capture The Notes, Attachments, Analysis, And Resolution Information. ● The System Must Be Able To Notify The Team Member To Whom The Ticket Is Assigned. ● The System Must Be Able To Notify The Team Manager To Whom The Ticket Is Assigned Whenever A Critical Ticket Is Created. ● Security Module ● The System Must Ensure That Only Authorized Personnel Can Access And Modify Tickets. ● The System Must Maintain A Detailed Audit Trail Of All Actions Taken On A Ticket To Ensure Accountability And Traceability. B.10 Queueing / Appointment System ● Queueing Admin Module ● The System Must Be Able To Allow Administrators To Manage And Monitor The Entire Queueing Process And Appointments. ● The System Must Be Able To Apply The Concept Of Calling Population To Determine And Measure The Arrival Process Of Customers. ● The System Must Be Able To Have Its Service Counters, Its Own Common Queue, And The Probability Distribution Of Customers’ Service Time. ● The System Must Be Able To Have The First-in-first-out (fifo) Approach To Have A Systematic And Consistent Flow To Maximize The Throughput Of The Customer Service Center. ● The System Must Be Able To Measure The Logical Ordering Of Customers In A Queue And Determine Which Customer Will Be Chosen For Service When The Service Counter Becomes Free. ● The System Must Be Able To Measure Performance Based On Steady-state Average Delay And Steady-state Average Waiting Time In The System. ● The System Must Be Able To Measure The Conversation Steady State Time Average Number In The Queue And The Steady State Time Average Number In The System. ● The System Must Be Able To Administer Parallel Management Through Multiple Counters By Navigating The Queue And Finding The Appropriate Counter For Their Needed Service. ● The System Must Be Able To Allow The Customers To Request Services Without Being Physically Present Throughout The Waiting Time Of The Lineup Of Customers. ● The System Must Be Able To Give Freedom To The Customers To Wait Outside The Premises Of The Branch Upon Enabling Virtual Sign-up. ● Admin Appointment Module ● The System Must Be Able To Manage And Oversee The Scheduling, Modification, And Cancellation Of Appointments. ● Local Kiosk Module ● The System Must Be Able To Provide A Self-service Station That Allows Users (clients, Customers, Or Employees) To Interact With The System For Tasks Like Check-ins, Appointment Booking, Ticket Printing, And Managing Their Queue Status. ● Mobile Kiosk Module ● The System Must Be Able To Provide A Mobile-based Self-service Solution That Enables Users To Interact With The System Directly From Their Smartphones Or Tablets. ● Security Module ● The System Must Be Able To Offer Protection For The System And Its Users By Managing Access, Ensuring Data Privacy, And Preventing Unauthorized Actions. ● Appointment System ● The System Must Be Able To Provide Users To Schedule An Appointment According To Their Needs. ● The System Must Gather Needed Information For The Services That The Customer Wants To Avail Or Request. ● The System Must Have The Feature Of Canceling Or Rescheduling A Registered Appointment Within A Specific Period. ● The System Must Have The Feature Of Sending Out A Notification Or Reminder To The Customer Regarding His/her Appointment. ● As An Admin/ Team Member ● The System Must Be Able To Have A Dashboard To Provide An Overview Of Queues And Appointments From The Web And Mobile Web Access Such As: ■ Currently Serving ■ Next Queue Number ■ Next Appointment Number / Priority Lane (pwd, Senior Citizens, Pregnant) ■ Summary ● The System Must Be Able To Provide A Queuing List Including The Queue’s: ■ Status (unserved, Served, Canceled) ■ Queue Date And Time ■ Last Call Date And Time ■ Called By (counter, Name And Position) ■ Actions (view, Recall/call, Start/end, Cancel, Hold) ● The System Must Be Able To Identify Customer Appointment Referrals Including: ■ Id Number ■ First Name ■ Last Name ● The System Must Be Able To Receive Notification/s When A Certain Appointment Needs To Be Accommodated Within A Specific Period. ● The System Must Be Able To Receive Notification/s When An Appointment Has Been Canceled Or Rescheduled. ● The System Must Be Able To Provide Reports And Data Exports In Excel And Pdf Formats. ● The System Must Have Customization Capabilities And A Control Console. ■ Marquee ■ Advertisements On The Tv Screen ● The System Must Be Able To Track The History Of Registered Appointments And Passed Queues. B.11 Executive Information System ● Executive Dashboard Module ● The System Must Be Able To Allow Configurable Layouts, Enabling Users To Choose, Arrange, And Resize Charts To Suit Their Preferences Or Specific Needs. ● The System Must Be Able To Reflect Almost Real-time Information, Ensuring That Executives Are Always Working With The Latest Data. ● Security Module ● The System Should Be Able To Include A Security Module To Ensure Robust Access Control, Data Protection, And Compliance, Safeguarding Sensitive Information And System Integrity Against Unauthorized Access. ● Dashboard Configuration ● This Module Should Allow The Administrators To Create And Configure The Layout And Content Of Dashboards To Reflect Key Business Metrics And Performance Indicators, Ensuring That The Right Data And Accurate Data Are Properly Presented. ● Access Control ● This Module Should Allow The Administrators To Assign Users Or Groups Of Users Who Will Have Access To The Different Dashboards. B.12 Campus Portal System ● Sso-based User Management System ● The System Must Have Sso (single Sign-on) To Enable Users To Authenticate Once And Automatically Gain Access To Multiple Campus Services, Eliminating The Need To Log In To Each Service Separately. This Seamless Authentication Process Must Enhance User Convenience, Improve Security By Reducing The Number Of Passwords Needed, And Streamline Access To Various Tools And Resources, Saving Time, And Effort For Both Students And Staff. ● Basc Active Directory W/ Configuration ● The System Must Allow Centralized User Management Through Active Directory (ad), Which Stores And Organizes Information About Users, Groups, Computers, And Other Network Resources. ● Web Traffic Statistic ● The System Must Allow The Administrators To Monitor Standard Web Traffic Data, Such As Page Views, No. Of Visitors, Geographic Locations, Duration Of Visits, And Referrals, Integrated With Google Analytics (ga4). ● Content Management ● The System Must Allow The Administrators To Manage And Update The Contents Of The School’s Campus Portal Page. Such As Announcements, Blogs, Calendars, Articles, And Activities. B.13 University Library System ● Cataloging And Inventory Management Module ● The System Must Allow The Cataloging And Inventory Management Of The Library's Collection Of Books, Journals, Dissertations, And Other Materials. ● Circulation Module ● The System Must Allow The Librarian To Monitor The Borrowing, Returning, And Renewing Of Library Materials, Ensuring Efficient And Accurate Tracking Of Resources As They Move Between The Library And The Borrowers. ● Acquisition Module ● The System Must Allow The Processing Of Acquiring New Library Resources, Including Books, Journals, E-books, Multimedia Materials, And Other Educational Or Research Content. ● The System Must Allow The Management Of Book Requisitions From Students And/or Teachers. ● Student Module ● The System Must Allow Students To Access New Library Resources, Including Books, Journals, E-books, Multimedia Materials, And Other Educational Or Research Content. ● The System Must Be Able To Provide The Following Information And Services: ■ Book Details (non-dissertation) ■ Book Details (dissertation) ■ My Library Card ■ Request For Purchase/acquisition ■ Reservation ■ Notices Of Due Dates ■ Notices Of Overdue Penalties ● Librarian Module ● The System Must Have A Dashboard That Shows The Librarian’s Crucial Kpis For The Library Such As: ■ Search Word Statistics ■ Tags And Metadata Of The Book Statistics ■ Circulation Statistics ● Student Request List (book Reservation, Purchase Request, Clearance Request, Dissertation Access Request) ■ This Module Must Allow The Students To Submit Various Types Of Requests Related To Their Academic And Campus Activities. ● Book Reservation ■ This Module Must Allow The Students And Faculty To Reserve Library Books Or Materials. ● Purchase Request ■ This Module Must Enable The Students, Faculty, Or Staff To Submit Requests For Purchasing Books, Equipment, Or Other Materials Needed For Academic Or Administrative Purposes. ● Clearance Request ■ This Module Must Enable The Students, Faculty, Or Staff To Submit Requests For Clearance. ● Dissertation Access Request ■ This Module Must Enable The Students, Faculty, Or Researchers To Request Access To Dissertations Or Theses Stored In The Library’s Collection From The Authors. ● Kiosk (self Check-in And Check-out Student) ● The System Allows The Kiosk To Provide Students With A Self-service Station For Managing Their Borrowing And Return Activities. Using Touch-screen Kiosks Or Other Interactive Devices, Students Can Quickly And Efficiently Check Out Library Materials, Return Items, And Access Various Library Services Without Requiring Staff Intervention. ● Integration With Sso Services ● The System Allows Integrating Single Sign-on (sso) Services With An Application Or System, Providing A Unified Authentication Process That Allows Users To Log In Once And Gain Access To Multiple Connected Systems Or Applications Without Needing To Log In Again For Each Service. B.14 Econference Room With Video Conferencing ● Video Conferencing System ● The System Must Be Able To Provide A Seamless And User-friendly Video Conferencing Experience. ● The System Must Enhance Remote Collaboration And Communication. ● The System Must Have Integrated Audio, Video, And Collaboration Tools For Effective Virtual Meetings. ● The System Must Ensure The Scalability And Flexibility To Accommodate Future Needs. B.15 Mobile Version Module ● Mobile Version ● The System Must Have A Mobile Version Of The Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub Subsystems Website Designed For Smartphones And Tablets. It Gives Students, Professors, Staff, And Stakeholders Easy Access To University Information And Services. ● The System Should Promote Accessibility, Convenience, And A Great User Experience By Allowing Users To Communicate With The University Community Anytime. ● The System Should Accommodate Each Module's Specialized Functionalities While Staying Mobile-friendly And Focusing On Users. ● The System Must Be Able To Receive Notifications. C. Report Requirements These Are The Suggested Reports That Ought To Be Produced By The System To Analyze The Information Systems Trends In Bulacan's Colleges. It Is Recommended That The Data Be Automatically Submitted Through An Api In Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub To Give Basc Staff The Information They Need To Enhance The School Community. C.1 University Information System ● Admission Module ● List Of Applicants - The Overall List Of Potential Students With Their Personal Or Application Information. ● Registrar Module ● Academic Evaluation - Assessment Of A Student's Academic Performance, Conducted By The Institution's Instructors. ● Official List Of Enrollment - Document Provided By The Institution That Confirms The Students That Are Registered Or Enrolled For A Specific Academic Year. ● Diploma - Gives Thorough Details Regarding A Student's Academic Accomplishments And The Diploma's Presentation As Evidence Of Completion Of An Academic Program. ● Registration - A Document That Gives Information About A Student's Course Enrollment At The Institution For A Certain Term Or Semester. ● Shiftee - Document Of Proof For Students Who Are Changing Or Shifting Their Academic Programs Or Courses. ● Student Directory - Comprehensive And Manageable List Of Students Enrolled At The Institution. ● Subject Master List - A Thorough List Or Catalog Of Each Field Or Course That The Educational Institution Offers ● Summary Of Enrollment - Overview Of The Current Enrollment Status Of The Students At The Institution For A Specific Semester Or Academic Year. ● Enrollment Module ● Summary Of Enrolled Students - A Summary Of The Current Student Population, Including Enrollment Data And Demographics. ● Summary Of Unpaid School Fees - Gives A Summary Of The Unpaid Fees That Students Owe For The Current Semester Or Academic Term. ● Summary Of Tuition Fees Collected - Gives A Summary Of The Fees Collected/received From The Students For The Current Semester Or Academic Term. ● Clinic Record Management Module ● Health Management Report - A Document That Typically Focuses On The Health And Wellness Of Its Students And Covers Various Aspects Related To Healthcare Services Offered By The University. C.2 Learning Management System ● Professor Module ● Class Report - A Summary Of The Progress, Performance, And Involvement Of The Students In A Particular Course Or Class. ● Student Transcript Module: ● Subject Modules Report - Provides Comprehensive Insights And Summaries Related To The Modules Listed In A Specific Subject. ● Lesson Plan Report - Generates A Summary Lesson Plan That Is Defined By The Institution Or Organization. C.3 Human Resource Management System And Timekeeping System ● Audit Trail Report: ● Gives A Thorough Account Of All The Actions And Modifications Conducted Within The Hr System. Monitoring User Behavior, Protecting Data Integrity, And Upholding Adherence To Hr Rules And Regulations All Depend On This Report. C.4 Payroll Management System ● Payroll Management System ● Daily Time Record (dtr) - An In-depth Record Of Employees' Daily Attendance That Includes The Total Number Of Hours Worked, The Number Of Leaves Taken, And Other Essential Time-related Data. ● Payslip/s - A Detailed Breakdown Of An Employee's Earnings And Deductions For A Specific Pay Period. ● Payroll Report For A Specific Period - A Complete Summary Of Payroll Costs And Associated Information For A Specific Pay Period. C.5 Assets & Fleet Management System ● This Applies To Both Systems ● Assets And Fleets Reporting - A Document Containing Management Insights For Different Vehicles And Assets Used For Administrative And Academic Purposes. ● Depreciation Tracking - A Detailed Overview And Monitoring Of The Decrease In Value Of Such Assets Over Time Over A Specified Period. C.6 Document Management System ● Document Management System (dms) ● List Of On-hand Documents - Displays A List Of All Of The Documents That Are Available Or Accessible At The Moment Within The System. ● List Of Incoming Documents - Provides An Inventory Of Documents That Have Been Recently Received Or Uploaded Into The System. ● List Of Received Documents - Provides A List Of All The Documents The Institution Has Received In A Given Time Frame. ● List Of Finalized Or Kept Documents - Provides An Inventory Of All The Documents That Have Been Approved, Completed, And Archived In The System. ● List Of Archived Documents - Provides Comprehensive Details About The Documents That Have Been Stored In The System's Archive. ● Details Of Document Batch Tracked - Provides Full Details On The Batches Of Documents That The System Is Tracking. Documents Pertaining To Research Projects, Financial Transactions, Student Records, Admissions, And Other Aspects Of University Operations May Be Included In These Sections. ● Audit Logs Of Documents - Detailed Log Of Every Activity And Modification Performed To Any Document In The System. C.7 Trouble Ticketing System ● Reporting And Analytics ● The Solution Must Be Able To Provide Reports In Different Formats I.e., Pie Graph, Line Graph, Or Bar Graph. ● The Solution Must Be Able To Extract The Following Data Groupings: Open Tickets, Open With Critical Severity, In Progress, Overdue, Not Updated For 7 Days And Older Than 30 Days, And Tickets By State. C.8 Queueing / Appointment System ● The Solution Must Be Able To Generate Reports Which Show The Following: ● Queue List - Presents A Summary Of The System's Appointments And Queue Status At The Given Moment. ● Visitors List - Provides A Summary Of The Visitors' List And The Appointments They Have Made Using The Appointment/queuing System. ● Advertisements - Provides An Overview Of Advertisements And The Details That Are Displayed In The System. ● Queue Service - Presents An Overview Of The Queue Service Availability And Performance Within The Queueing/appointment System. ● Audit Trail - List Of Users' Activities On Who Approves, Disapproves, Cancels, And Reschedules Appointments. C.9 Executive Information System ● Reporting And Dashboard ● All-in-one Reporting, Dash Boarding, And Analysis. The Solution Should Support Multiple Use Cases Of Visualization Software Including Reporting, Interactive Analysis, And Business Intelligence. C.10 Campus Portal System ● Web Traffic Report ● The Web Traffic Report Provides Insights Into The Usage Patterns And Trends Within The Campus Portal, Offering Valuable Information About How Users Interact With The Platform. This Report Encompasses Various Metrics And Analytics That Help Administrators And Stakeholders Understand The Effectiveness Of The Portal And Identify Areas For Improvement. Key Components Of The Web Traffic Report Include: ■ Page Views: This Metric Quantifies The Total Number Of Times Each Page Within The Portal Has Been Viewed By Users Over A Specified Period. It Helps Gauge The Popularity And Relevance Of Different Sections Or Features Of The Portal. ● Unique Visitors: Unique Visitors Represent The Number Of Distinct Individuals Who Have Accessed The Portal Within A Given Timeframe. Tracking Unique Visitors Provides A Measure Of The Portal's Reach And User Engagement. ● Traffic Sources: Understanding Where The Traffic Originates From Can Provide Insights Into The Effectiveness Of Marketing Efforts Or The Impact Of External Events. Traffic Sources May Include Direct Visits, Referrals From Other Websites, Search Engines, Or Social Media Platforms. ● Bounce Rate: The Bounce Rate Indicates The Percentage Of Visitors Who Navigate Away From The Portal After Viewing Only One Page. A High Bounce Rate May Suggest Issues With Content Relevance, User Experience, Or Site Performance. ● User Demographics: Analyzing Demographic Data Such As Geographic Location, Device Type, And Browser Preferences Can Help Tailor The Portal's Content And Optimize Its Compatibility Across Different Platforms. ● Session Duration: This Metric Measures The Average Amount Of Time Users Spend On The Portal During Each Visit. Longer Session Durations Generally Indicate Higher User Engagement And Interest In The Provided Content. ● Popular Pages: Identifying The Most Visited Pages Or Sections Of The Portal Can Inform Content Prioritization And Resource Allocation Efforts. It Also Highlights Areas Of Interest Or Importance To The User Community. ● Audit Logs Report ● The Audit Logs Report Offers A Comprehensive Overview Of All Activities And Interactions Within The Campus Portal, Serving As A Vital Tool For Monitoring Compliance, Security, And Accountability. By Maintaining Detailed Records Of User Actions, System Events, And Administrative Changes, The Audit Logs Report Enables Administrators To Track User Behavior, Detect Anomalies, And Investigate Incidents Effectively. Key Features Of The Audit Logs Report Include: ■ User Activity Tracking: Every Action Performed By Users Within The Portal, Such As Login Attempts, File Uploads, Document Downloads, And Profile Modifications, Is Logged And Timestamped For Auditing Purposes. ■ Access Control Monitoring: The Report Monitors Changes To User Permissions, Role Assignments, And Access Privileges, Ensuring That Only Authorized Individuals Can View Or Modify Sensitive Information. ■ System Events Recording: Critical System Events, Including Software Updates, Database Modifications, Error Messages, And Security Alerts, Are Recorded To Facilitate Troubleshooting And Maintain System Integrity. ■ Compliance Verification: By Documenting Compliance-related Activities, Such As Data Access Requests, Consent Agreements, And Policy Acknowledgments, The Audit Logs Report Helps Organizations Demonstrate Adherence To Regulatory Requirements And Internal Policies. C.11 University Library System ● Reporting And Analytics Module ● The System Must Enable The Library To Gather, Analyze, And Present Data Related To Its Operations And Performance. ● The Solution Must Be Able To Generate Reports That Show The List Of Patrons. D. System Requirements • Sso Should Be Able To Manage People's Information And Authentication Of Security. • Hris Should Be Able To Manage The Employee Information • The System Should Be Developed Using The Coreui Framework. • The System Shall Support Connectivity And Access To Data Stored In Relational Ms– -sql Databases. • The System Must Support Interfaces To Common Packaged Applications Via The Standard Application Interface Provided. • The System Shall Support Paperless Reporting. • The System Shall Support Mobile (android & Ios) Devices. • The System Shall Support Web Desktop And Mobile Web Access. • A System With Superior Wide Area Network (wan) Performance, Highly Secured Features/functionalities, And Uses Web–enabled Workflow Systems Available To The Offices. E. Supply, Delivery, And Implementation E.1 University Information System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Server Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration (qa) 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.2 Learning Management System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.3 Cashiering System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.4 Human Resource Information System Infrastructure 1. Twenty (20) Units - Biometric - Time & Attendance A. Must Support Up To 1,500 Fingerprints, Up To 100,000 Records, And Up To 2,000 Cards (optional). B. Must Support Multi-languages. C. Must Have Communication: Tcp/ip, Usb-host, Wi-fi (optional). D. Must Have High Verification Speed. E. Must Have Professional Firmware And Platform. 2. One (1) Unit - Desktop Computer A. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) B. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) C. Operating System (os): Windows 11 Or Higher D. Memory: 16 Gb (or Higher) E. Storage: 500 Gb Ssd (or Higher) F. Display: 14” Display G. Graphic Card: Integrated Graphics H. Camera: 1080p Fhd Ir/rgb Hybrid I. Wireless: Wi-fi 6e Ax211 2x2, Bluetooth 5.1 Or Above J. Ethernet Port Or Usb K. Power Cord: At Least 45w L. Warranty: 1 Year Courier Or Carry-in M. Must Have 1*650va Ups 3. One (1) Service - Vulnerability And Pen-testing 4. One (1) Service - Database Modelling Design Services 5. One (1) Service - Installation And Configuration Services 6. One (1) Service - Application Installation 7. One (1) Service - User Workflow Integration 8. One (1) Service - Ssl And Dns Configuration 9. One (1) Service - Integration To Basc Rdbms Database 10. One (1) Service - Data Migration 11. One (1) Service - Project Management Services 12. One (1) Service - User Acceptance Testing (uat) 13. One (1) Service - User Training Services 14. One (1) Service - Scaling And Optimization 15. One (1) Service - Manpower Cost 16. One (1) Service - Mobilization Cost 17. Two (2) Years - Support 18. One (1) Year - Warranty E.5 Payroll Management System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization Of Payroll Management System 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.6 Assets & Fleet Management System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.7 Document Management System Infrastructure 1. Ten (10) Units - Barcode Printer A. Should Be Capable Of Printing High-quality, Durable Barcodes On Various Label Materials. B. Should Offer Customizable Printing Options, Including Label Size, Orientation, And Font. C. Must Be Easy To Integrate With The Document Management System For Automated Barcode Generation And Printing. 2. One-hundred (100) Rolls - 2 X 1 Risen Label Sticker (2688 Stickers Per Roll) A. Should Be Durable And Resistant To Wear And Tear. B. Must Be Compatible With The Chosen Barcode Printer. 3. One-hundred (100) Rolls - 2 X 1 Ribbon For Risen Label Sticker (4 Rolls Sticker: 1 Ribbon) A. Should Produce Clear And Legible Barcode Prints. B. Must Be Compatible With The Chosen Barcode Printer And Label Stickers. C. Should Provide A Long Print Life And Minimize Ribbon Wastage. 4. Twenty (20) Units - Industrial Doc Imaging Machine A. Should Be Capable Of High-volume, High-speed Scanning Of Various Document Types (e.g., Paper, Plastic Cards). B. Must Offer Advanced Image Processing Features, Such As Automatic Document Feeding, Image Enhancement, And Ocr. C. Should Be Durable And Reliable, Suitable For Heavy-duty Use In Industrial Environments. D. Must Be Easy To Integrate With The Document Management System For Automated Image Capture And Indexing. 5. Three (3) Units -departamental Doc Imaging Machine A. Should Be Suitable For Lower-volume Scanning Needs In Departmental Settings. B. Must Offer Basic Image Processing Features, Such As Automatic Document Feeding And Image Enhancement. C. Should Be Compact And Easy To Use. D. Must Be Compatible With The Document Tracking System For Automated Image Capture And Indexing. 6. Twelve (12) Units -departamental Doc Imaging Machine Peripherals A. Should Include Necessary Accessories For Efficient Document Scanning, Such As Paper Trays, Feeder Units, And Cleaning Kits. B. Must Be Compatible With The Chosen Departmental Doc Imaging Machine. C. Should Be Easy To Install And Maintain. 7. Forty (40) Units -barcode Scanner A. Should Be Capable Of Accurately Scanning Various Barcode Types. B. Must Offer High-speed Scanning And Reliable Performance. C. Should Be Durable And Ergonomic, Suitable For Frequent Use. D. Must Be Easy To Integrate With The Document Management System For Automated Data Entry And Workflow Triggering. 8. One (1) Service - Vulnerability And Pen-testing 9. One (1) Service - Database Modelling Design Services 10. One (1) Service - Installation And Configuration Services 11. One (1) Service - Application Installation 12. One (1) Service - User Workflow Integration 13. One (1) Service - Ssl And Dns Configuration 14. One (1) Service - Integration To Basc Rdbms Database 15. One (1) Service - Data Migration 16. One (1) Service - Project Management Services 17. One (1) Service - User Acceptance Testing (uat) 18. One (1) Service - User Training Services 19. One (1) Service - Scaling And Optimization 20. One (1) Service - Manpower Cost 21. One (1) Service - Mobilization Cost 22. Two (2) Years - Support 23. One (1) Year - Warranty E.8 Trouble Ticketing System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.9 Queueing / Appointment System Infrastructure 1. Six (6) Units - Kiosk Stand With Touch Screen Monitor And Printer 2. Six (6) Units - Kiosk Audio Panel 3. Twelve (12) Units - Kiosk Interactive 65” Smart Tv 4. One Million (1m) Credits - Sms 5. One (1) Service - Vulnerability And Pen-testing 6. One (1) Service - Database Modelling Design Services 7. One (1) Service - Installation And Configuration Services 8. One (1) Service - Application Installation 9. One (1) Service - User Workflow Integration 10. One (1) Service - Ssl And Dns Configuration 11. One (1) Service - Integration To Basc Rdbms Database 12. One (1) Service - Data Migration 13. One (1) Service - Project Management Services 14. One (1) Service -user Acceptance Testing (uat) 15. One (1) Service - User Training Services 16. One (1) Service - Scaling And Optimization 17. One (1) Service - Manpower Cost 18. One (1) Service - Mobilization Cost 19. Two (2) Years - Support 20. One (1) Year - Warranty E.10 Executive Information System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service - Installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service - Project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.11 Campus Portal System Infrastructure 1. One (1) Service - Vulnerability And Pen-testing 2. One (1) Service - Database Modelling Design Services 3. One (1) Service -installation And Configuration Services 4. One (1) Service - Application Installation 5. One (1) Service - User Workflow Integration 6. One (1) Service - Ssl And Dns Configuration 7. One (1) Service - Integration To Basc Rdbms Database 8. One (1) Service - Data Migration 9. One (1) Service -project Management Services 10. One (1) Service - User Acceptance Testing (uat) 11. One (1) Service - User Training Services 12. One (1) Service - Scaling And Optimization 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Two (2) Years - Support E.12 University Library System Infrastructure 1. One (1) Unit - Kiosk (self Check-in & Self Check-out) With Monitor And Barcode Reader. 2. Fifty Thousand (50,000) Pcs - Rfid Tags For Books 3. Two (2) Units - Rfid Reader 4. One (1) Unit - Barcode Printer 5. Twenty Five (25) Rolls - Barcode Sticker 6. One (1) Unit - Barcode 3d Scanner 7. One (1) Service - Vulnerability And Pen-testing 8. One (1) Service - Database Modelling Design Services 9. One (1) Service - Installation And Configuration Services 10. One (1) Service - Application Installation 11. One (1) Service - User Workflow Integration 12. One (1) Service - Ssl And Dns Configuration 13. One (1) Service - Integration To Basc Rdbms Database 14. One (1) Service - Data Migration 15. One (1) Service - Project Management Services 16. One (1) Service - User Acceptance Testing (uat) 17. One (1) Service - User Training Services 18. One (1) Service - Scaling And Optimization 19. One (1) Service - Manpower Cost 20. One (1) Service - Mobilization Cost 21. Two (2) Years - Support 22. One (1) Year - Warranty E.13 Internet Connectivity 1. Eighteen (18) Months - Speed Requirement: 5 Gbps Bandwidth A. Connection Should Be Of Cable Type, Preferably Fiber-optic; Wireless Solutions May Be Considered. B. No Limitations On Traffic/ports; Bandwidth Capacity Should Be Ensured Through A Direct Ip Connection. C. A Subnet Of At Least 14 Static Publicly Routable Ip Addresses Is Required. D. Service Reliability Must Be Ensured. Overall Uptime Should Not Be Less Than 99%. E. All Necessary Hardware, Cabling, And Software (if Required For Internet Service) Should Be Provided And Set Up By The Provider. F. Support Managed Vpn Services. G. Isp Must Be Able To Manage The Customer Premises Equipment (cpe) To Be Installed In The Bulacan Agricultural State College. H. Traffic Management, Network Monitoring, And Access To Raw Log Files. I. Fiber Optic Connectivity From The Isp To The Internet Backbone. 2. One (1) Unit - Multiple Wan Router 3. One (1) Unit - Core Routing Switch 4. Four (4) Units - Distribution Switch 5. Ten (10) Units - Qsfp+ Module Xq+cm0000-xs+ 6. One (1) Service - Project Management Services Network Configuration Services 7. One (1) Service - Training And Knowledge Transfer 8. One (1) Service - Scaling And Optimization (testing And Analysis By Fluke Systems) 9. One (1) Service - Manpower Cost 10. One (1) Service - Mobilization Cost 11. Two (2) Years - Support 12. One (1) Year - Defect Liability E.14 Campus Network System 1. Ninety-four (94) Units - Indoor Wireless Access Points A. The Proposed Equipment Shall Support 802.11a/b/g/n/ac/ac Wave2/ax Protocol B. Triple-band Design, Support 2*2 Mimo, 2.4g ≥570mbps, 5g ≥3200 Mbps, The Maximum Speed ≥3.8gbps. C. Support Built-in Omnidirectional Antenna D. 1 Gigabit Ethernet Port E. 1*micro-usb Port F. Support 802.3at Standard Poe Power Supply And Power Adaptor G. Ap Full Load Working Power Consumption ≤ 17.5w H. Ap Transmit Power ≤20dbm (smaller Than 100mw), And Power Can Be Adjusted (adjustment Granularity Is 1dbm, Adjustment Range Is 3dbm~27dbm) I. Protection Degree≥41 J. Operating Temperature: -10~50℃, Humidity:5%~95% Non-condensing K. Maximum Concurrent Client ≤ 256 L. Support For Ssid-based Access User Limit M. Support Virtual Ap Technology, The Number Of Ssid Per Rf ≥16, Per Ap ≥32; N. Support Hiding Of Ssid O. Support Multiple Vlans Per Ssid P. Support Standalone Mode And Controller-based Mode, The Controller Must Be On-premise. Q. Ap Supports Tunnel Mode And Bridge Mode. Each Ssid Can Choose Its Own Working Mode. R. Support Ap Zero Configuration, Support Layer 2 And Layer 3 Discovery, Dhcp Option43, Dns Domain Name, And Other Network Access Controller Automatic Discovery Mechanisms S. Supports Ap Deployment Across Layer 3 Network, Wan, And Nat, And Supports Management Tunnel Encryption With Network Access Controller. T. Support The Service Sense Via Ai Rf, Including Connection And Delay For Network Access, Dhcp, Gateway, Dns, Internet And Other Server Address U. Support The Environment Sense Via Ai Rf, Including Channel Utilization, Co-channel Ap, Interference Ssid V. Supports 802.1x, Portal, Mac Address Authentication, Ca Certificate Authentication, Qr Code Approval Authentication, Sms Authentication, App Authentication, Guest Account, Facebook, 802.1x Wep, Wpa, Wpa2, And Other Authentication Methods; W. Support 802.11i, Aes, Tkip, And Other Encryption Methods X. Support Wips/anti-phishing Wifi Via Independent Rf (non-user Connected Radio Frequency) To Conduct Real-time Detection, Alarm, And Countermeasures For Illegal Access Points. Y. Support East-west Traffic Security, By Detecting Abnormal Behavior To Block Viruses Within The Intranet Z. Support Ap Vpn, An Encrypted Communication Tunnel Can Be Established Across The Internet And Remote Wireless Controllers For Encrypted Remote Access, The Ap Vpn Should Also Support Bidirectional Access From Site To Site. Aa. Support Intelligent Load Balancing Based On The Number Of Users, Signal Strength, And Channel Utilization, And Automatically Balance The Access Pressure Between Aps Bb. Support Rf Guiding Function To Guide Wireless Terminals To Preferentially Access 5g Frequency Bands With Low Interference Cc. Supports Fit Ap Switching To Gateway Mode (non-fat Ap Mode), Supports Pppoe Dial-up, Static Ip, And Dhcp. Dd. Support Dhcp Server And Dns Proxy Ee. Support The Wireless Controller Escape Function, When The Wireless Controller Is Down, The Ap Still Can Guarantee The Normal Online Access Of Online Users, And Ensure That New Users Can Also Connect To The Wireless Network Through Authentication; 2. One (1) Lot - Network Access Controller A. The Proposed Controller Shall Support At Least 5 Service Ports, 1 Rj45 Console Port, 1 Rj45 Manage Port, 2 Usb Ports, And 2 Expansion Slots. B. The Proposed Controller Shall Support Up To 1200 Access Points. C. The Proposed Controller Shall Support At Least 8 Built-in Captive Portal Templates. D. The Proposed Controller Shall Support Access Controller And Qos-based Applications And Urls. The Application Fingerprints In The Controller Database Should Be Larger Than 6400 At Least One Year Application And A Url Update License Should Be Included E. The Proposed Controller Shall Support A Questionnaire Survey And The Survey Result Can Be Shown In The Controller F. Web Ui To Show Survey Results In The Controller G. The Proposed Controller Can Configure The Time/data Quota Policy For Wi-fi Users. H. The Proposed Controller Shall Support The Topology Of The Switch. I. The Proposed Controller Shall Support The Big Data Analysis For The Guests, And Staff. The Content Should Include The Favorite Application, Online Duration, Time Starts, And Checkout. J. The Proposed Controller Shall Be Capable Of Identifying Terminal Types And Assigning The Different Policy-based Terminal Types. K. The Proposed Controller Shall Support The Graphical Dhcp Address Pool From The Controller And Switch And Can View The Following Information In Each Address Pool: I. Conflict Ip Address Ii. Terminal Devices Fail To Obtain An Ip Address Iii. Address Pool Utilization Iv. Ip Allocation Times Distribution L. The Proposed Controller Can Be Used As The Gateway, Support Ppoe, Nat, Policy-based Routing, Dhcp Server, Dhcp Replay, Provide Authentication And Access Controller For Both Wired And Wireless Users, M. The Proposed Software Controller Shall Support The Following: I. 802.1x Authentication Ii. Portal Authentication Iii. Mac Address-based Authentication N. Also Need To Support The Integration With Radius, Ldap, Ad, And Other Databases O. The Proposed Controller Shall Support Viewing Of The Following Status Of Ap. I. Power Supply Load Ii. System Resources (memory, Cpu) Iii. Chip Resources (mac Table, Arp Table, Acl Table, Route Table Utilization) Iv. Packet Drop Ratio V. Jumbo/normal Frame Vi. Traffic Load Vii. Packet Analysis (broadcast, Multicast, And Unicast Packets) Viii. Network Protocol Packet Receiving Rate Analysis (dhcp, Icmp, Arp, And Tcp Packet Rate) P. The Proposed Controller Shall Support A Security Log To View Switch Attack Events, Including Event Types, Attacker Mac Address, And Attack Device Types. Q. The Proposed Controller Shall Support The Binding Of Terminals To Ip Based On Switch Port Groups, And The Binding Of Terminals And Ports Based On Switch Port Groups. R. The Proposed Controller Manufacturer Shall Have A Cmmi5 Certificate To Ensure The Maturity Of The Product Software. S. The Proposed Brand Must Be Iso 9001 Certified 3. Forty-seven (47) Units - Access Poe Switch A. The Proposed Equipment Shall Have At Least I. 24 Gigabit Ethernet Poe Ports Ii. 4* Sfp+ Ports B. The Proposed Equipment Shall Support Ieee 802.3af/at Power Supply Standard, Single Port Maximum Output Poe Power 30w, The Whole Machine Maximum Output Poe Power 370w C. The Proposed Equipment Shall Have A Console Port D. The Proposed Equipment Shall Support Standalone Web Gui Management And Controller-based Management. E. The Proposed Equipment Shall Have A Switching Capacity Of At Least 336gbps F. The Proposed Equipment Shall Have Packet Forwarding Of At Least 108mpps G. The Proposed Equipment Shall Support Acl Policies Based On Single-port And Aggregation Of Interfaces. H. The Proposed Equipment Shall Support Acl Policies Based On Source Ip Address And Mac Address. I. The Proposed Equipment Shall Support Acl Policies Based On Protocols (ospf, Udp, Arp) J. The Proposed Equipment Shall Support Time-based Acl Policies K. The Proposed Equipment Shall Support 802.1p, Ip And Service Level, Dscp Priority Settings L. The Proposed Equipment Shall Support Traffic Shaping; And Packet Forwarding Rate Setting Based On The Outbound And Inbound Directions Of Switch Ports. M. The Proposed Equipment Shall Support Cos And Dscp Priority Mapping Based On Switch Groups N. The Proposed Equipment Shall Support Congestion Management That Supports Multiple Scheduling Modes To Implement Traffic Based On Packet Or Port Priority. O. The Proposed Equipment Shall Support Port Mirroring And Redirection. P. The Proposed Equipment Shall Support Dhcp Snooping, Dhcp Server Q. The Proposed Equipment Shall Support The Spanning Tree Protocol (stp, Rstp, Mstp) R. The Proposed Equipment Shall Support Igmp V1/v2/v3 Snooping S. The Proposed Equipment Shall Support 4,000 Vlan T. The Proposed Equipment Shall Support 16,000 Mac Address U. The Proposed Equipment Shall Support Mac Address Dynamic Learning V. The Proposed Equipment Shall Support Mac Address Filtering W. The Proposed Equipment Shall Support Mac Address Learning Limit X. The Proposed Equipment Shall Support Link Aggregation Y. The Proposed Equipment Shall Support M-lag Technology, Cross-device Link Aggregation Z. The Proposed Equipment Shall Have Layer 3 Routing Protocols Such As Static Routing, Rip, Ospf, Vrrp Aa. The Proposed Equipment Shall Support East-west Traffic Security With Policies Based On Area Or User Role, And Prevent The Virus Spread Within The Intranet Bb. The Proposed Equipment Shall Support Topology In The Controller, Configuration And Status Checking Can Be Done By Clicking The Topology. Cc. The Proposed Equipment Shall Support The Replacement By One Click On The Controller Platform To Replace The Defective Device Dd. The Proposed Equipment Manufacturer Shall Have A Cmmi5 Certificate To Ensure The Maturity Of The Product Software Ee. The Proposed Brand Must Be Iso 9001 Certified 4. One (1) Lot - Installation Consumables 5. One (1) Service - Network Design, Consultation (signed By Pece) And Permits 6. One (1) Service - Project Management Services 7. One (1) Service - Switch & Access Point Installation 8. One (1) Service -network Configuration Services 9. One (1) Service - User's Training And Knowledge Transfer 10. One (1) Service - Scaling And Optimization (testing And Analysis By Fluke Systems) 11. One (1) Service - Manpower Cost 12. One (1) Service - Mobilization Cost 13. One (1) Service - Forwarding Cost 14. One (1) Year - Campus Network System Defect Liability (base Bundle Warranty-support) A. 1-year Warranty For All Active Devices B. 1-year Subscription To Licenses C. 1-year Workmanship Warranty And After-sales Support E.15 Fiber Optics Works 1. Fiber Optics Passive Components A. Thirteen Thousand (13,000) Meters - Fiber Optic Cable Single Mode I. 8-core Single-mode 8 Ii. Fiber Type=g.652.d And G.657.a1, Teraspeed, Os2 Iii. Armored-type Corrugated Steel Iv. Stranded Loose-tube Cable-type V. Gel-free Sub-unit Type B. Forty-seven (47) Units - Fms Panel I. 1u Standard Size 19” Ii. Includes 6 X Lc Sm Adaptors (12f) Iii. Includes 12 X Sm Lc Pigtails Iv. Includes 12 X Splice Protectors V. With Splice Tray And Cable Glands (12 Port Loaded) C. One (1) Unit - Epx 4u Sliding Panel Splicing Cassette I. Symmetrical Body Style Ii. Sliding Shelf Iii. Splicing Type = Heat Shrink, Single Fiber Fusion Iv. Dimension: 44.45h X 482.6w X 320d Mm V. Powder Coated Finish D. Sixteen (16) Units - G2 Splice Cassette 24lc/upc With Internal Shutters Os2 With Pigtails I. Lc/upc Interface Ii. Method A Polarity Iii. Shuttered Iv. Maximum Insertion Loss = 0.25db V. Minimum Return Loss = 50db E. One Hundred Eighty-eight (188) Pcs - Fiber Patch Cords I. Lc-lc Patch Cord Ii. 1.6mm Duplex Iii. Riser Single Mode Os2, 0.9m F. Forty-seven (47) Units - Data Cabinet 15u I. Wall-mounted Type Ii. 600 X 600mm X 15u Dimension Iii. Glass Door With Lock With 8-gang Pdu G. One (1) Lot - Handhole Fabrication And Heat Shrinkable Seal Fiber Optic Splice Dome Closure I. With 24-core Pigtail Splicing Plate Termination H. One (1) Lot - Earth Ground Material And Accessories 2. Fiber Optics Active Components A. Two (2) Units - Network Core Switches I. 24-ports 10ge Layer 3 Managed Core And Aggregation Switch Ii. With 4 X 25g Ports Backward Compatible With 10g Iii. With 40g Uplink Capability Iv. With 150w Ac Power Module V. 19” Rack-mountable Vi. Steel Case B. Forty-seven (47) Units - Network Managed Switch I. 24-ports Layer 2 Managed Switch Ii. With 4 X 10g Uplink Ports Iii. 19” Rack-mountable Iv. Steel Case C. Four (4) Units - 40g Transceiver Modules I. 40g Lr Single-mode Fiber Module Ii. Qspf+ Transceiver Iii. Lc (1310nm) D. Ninety-four (94) Units - 10g Transceiver Modules I. 10g Lr Single-mode Fiber Module Ii. Qspf+ Transceiver Iii. Lc (1310nm) 3. One (1) Service - Roughing Ins Cost (piping Of Foc Per Building, Pvc/hdpe Pipes, Pullbox 10" X 10" X 6", Metal Clamps, Tox & Screws, Gi Wire) 4. One (1) Service - Labor Cost: Horizontal Direct Drilling (hdd) Wire Pulling, Roughing Ins For Expose Foc Going To Idf And/mdf 5. One (1) Service - Termination/splicing Of Pigtail Connectors/otdr Testing 6. One (1) Service - Electronic Permit Layout And Design (as-built Plan) 7. One (1) Service - Network Design And Consultation (signed By Pece) 8. One (1) Service - Project Management Services 9. One (1) Service - Switch Installation 10. One (1) Service - Network Configuration Services 11. One (1) Service - Training And Knowledge Transfer 12. One (1) Service - Cable Testing And Analysis By Fluke Systems 13. One (1) Service - Scaling And Optimization Of Network Security 14. One (1) Service - Manpower Cost 15. One (1) Service - Mobilization Cost 16. One (1) Service - Forwarding Cost 17. One (1) Year - Defect Liability 18. One (1) Year - Fiber Optic Passive Components Support Warranty A. 1-year Warranty For All Active Devices B. 1-year Subscription To Licenses C. 1-year Workmanship Warranty And After-sales Support E.16 Structured Cabling Works 1. Structured Cabling Passive Components A. Sixty-seven (67) Units – 24-ports 1u Keystone-type Patch Panel With Io Assembly I. 24-ports 1u Keystone Blank Panel Ii. 24-pcs Cat6+ Modular Jack, Rj45 Keyconnect Style B. One Thousand Four Hundred Thirty-three (1,433) Pcs – Cat6+ Modular Jack I. Cat6+ Modular Jack, Rj45 Keyconnect Style Ii. T568 A/b Wiring Scheme C. One Thousand Four Hundred Thirty-three (1,433) Pcs – 1-meter Cat6 Stranded Patch Cord I. 1-meter Cat6 Stranded Patch Cord Ii. T568b- Standard Machine-made Termination D. One Thousand Four Hundred Thirty-three (1,433) Pcs – 2 Meters Cat6 Stranded Patch Cord I. 2-meter Branded Cat6 Stranded Patch Cord Ii. T568b- Standard Machine-made Termination E. Sixty-seven (67) Units – Cable Organizer 1u I. 24 Slots Plastic With Cover F. Three Hundred Seventy-five (375) Rolls– Utp Cat6 Pure Copper I. Solid Bare-copper 24awg 4-pairs Ii. Pe-polyethylene Insulation Material Iii. 0.97 Mm Insulation Diameter Iv. Outer Jacket = Pvc Polyvinyl Chloride V. Operating Temperature = -20°c To +75°c Vi. Bending Radius = 23.2 Mm (0.913 In) G. Sixty-seven (67) Units – 15u Data Cabinet 600 X 600mm I. Wall-mounted Type Ii. 600 X 600mm Iii. Glass Door With Lock Iv. With 8-gang Pdu H. Sixty-seven (67) Sets – Fabricated Data Cabinet Bracket I. Five Hundred Fifteen (515) Pcs – Simplex Faceplate I. Keyconnect Faceplates, 1-port Ii. Plastic-made J. One Hundred Thirty-three (130) Pcs – Duplex Faceplate I. Keyconnect Faceplates, 2-ports Ii. Plastic-made K. Six Hundred Forty-five (645) Pcs – Faceplate Box I. Standard, Rectangular 2. Structured Cabling Active Components Technical Specification A. Seventy-two (72) Units – 24-ports L2+ Gigabit Switch + 4-sfp Ports Rack-mountable Ii. 24 X Gigabit Rj45 Iii. 4 X 10g Sfp+ Ports Iv. 19” Standard Size Rack-mountable B. Eighty-one (81) Units – 24-ports L2+ High-poe Switch Gigabit, With 4-sfp Module Rack-mountable I. 24 X Gigabit Poe Ports Ii. 4 X Sfp+ Slots Iii. 19” Standards Size Rack-mountable Iv. Poe Budget: At Least 370w C. Six (6) Units – 16-ports Aggregation Switch With 16-ports 10ge Ports I. 16 X 10g Sfp+ Slots Ii. 1u Rack Mountable 19” Iii. 802.3at/af D. Three Hundred Six (306) Units – Sfp+ Module, Single Mode Lc Connector I. 1310nm Single Mode Ii. Lc Duplex Connector Iii. Up To 10km Distance E. Three Hundred Six (306) Pcs – Lc Fiber Patch Cord I. Lc-lc Patch Cord Ii. 1.6mm Duplex Iii. Riser Single Mode Os2 0.9m F. Sixty-seven (67) Units – 1kva Ups, Tower Type I. 1000va/600w Ratings Ii. 1 X 12v/9ah Battery Iii. 4 X Universal Socket Iv. Not More Than 5.3kg G. One (1) Unit – 5kva Ups 4u, Online I. 5000va/5000w Ii. Dimension: Not Bigger Than 420 X 630 X 217mm Iii. Operating Voltage = 176 To 288 Vac Iv. Maximum Allowable Voltage = 288 Vac V. Input Frequency Without Battery Operation = 40 To 70hz Vi. Factory Default Voltage = 230 Vac Vii. Waveform = Pure Sinewave Viii. Backup Time At Full Load = 7 Ix. Backup Time At Half Load = 18.5 X. Audible Noise <55dba H. Sixty-seven (67) Units– Pdu With Reset And Switch, Metal Case I. 8-gang Metal With Reset Button Ii. Standard 19’’ Rack Mountable 3. Structured Cabling Roughing-ins A. One (1) Lot – Conduiting/piping Materials B. One (1) Lot – Cable Tray, Cable Ladder And Support Assembly (noc) C. One (1) Lot – Cable Tray Support & Hangers (distribution Per Building) D. One (1) Lot – Restoration Materials E. One (1) Lot – Cable Distribution Materials F. One (1) Lot – Grounding Materials, Installation And Consumables G. One (1) Lot – External Cabling Materials 4. One (1) Service - Network Design And Consultation (signed By Pece) 5. One (1) Service - Project Management Services 6. One (1) Service- Switch Installation 7. One (1) Service - Network Configuration Services 8. One (1) Service - Training And Knowledge Transfer 9. One (1) Service - External Cabling 10. One (1) Service - Scaling And Optimization (cable Testing And Analysis By Fluke Systems) 11. One (1) Service - Manpower Cost 12. One (1) Service - Mobilization Cost 13. One (1) Service - Forwarding Cost 14. One (1) Year - Service -structured Cabling Works Defect Liability 15. One (1) Year - Structured Cabling Passive Components Support Warranty A. 1-year Warranty For All Active Devices B. 1-year Workmanship Warranty And After-sales Support E.17 It Security Operations Center & Network Operations Center 1. One (1) Lot – Indoor Video Wall A. One (1) Lot – Led Panel I. Must Have 4.2x2.025m P0.9375 Indoor Led Screen Ii. Led Lamp Parameter: Color Configuration: Rgb 3in1, Color: Red, Green, Blue, Luminance: 990-1210 Mcd, 1980-2420 Mcd, 495-605 Mcd, Viewing Angle: 160º/160º, Wavelength: 625-630 Nm, 520-525 Nm, 465-470 Nm Iii. Must Have Led Module Parameter: Pixel Pitch(mm) 0.9375, Iv. Pixel Configuration Cob, Module Size(mm) W 300 H 168.75, Module Resolution(dots) W 320 H 180, Drive Ic Icn1069 V. Must Have Led Cabinet Parameter: Cabinet Size (mm) W 600 H 337.5, Cabinet Resolution (dots) W 640 H 360, Cabinet Pixels (dots) 230400, Cabinet Material Die Casting Aluminum, Cabinet Weight (kg) 4.8 Vi. Must Have Led Screen Parameter: Screen Size(m)w 4.2 W 2.025 H, Screen Resolution(dots)w 4480 W 2160 H, Cabinet Quantity(pc)w 7 W 6 H, Pixel Density(pixel/m2) 1137778, Brightness(cd/m2) 600, Brightness Adjusted 256 Grade By Software Or By Auto-optic Induced, Driving Method 1/46 Scan Display Color 439, 804, 651, 110, Viewing Distance (m) ≥0.9375m, View Angle Horizontal 160°; Vertical 160° Color Contrast Ratio 5000:1, Gray Grade 16bit, Refresh Frequency (hz) 3840, Protective Grade Ip43, Working Temperature(ºc) -30～+70, Stored Temperature (ºc) -40～+80, Operation Humidity(rh) 0-95%, Lifetime 100,000 Hrs Maintenance Front Side Working Voltage Ac110 / Ac220v±10% 47～63hz, Power Consumption Max: 800w/㎡ ; Ave:310w/㎡" B. One (1) Unit – Controller I. Must Have Three Kinds Of Led 4k Sending Cards: (1) − H_20xrj45 Sending Card Loads Up To 13,000,000 Pixels, (2) − H_16xrj45+2xfiber Sending Card Loads Up To 10,400,000 Pixels And Provides Two Opt Ports That Copy The Outputs On Ethernet Ports, (3) − H_4xfiber Sending Card Loads Up To 20,800,000 Pixels And Supports Three Working Modes, Including Independent, Copy And Backup. The Three Cards Mentioned Above Cannot Be Used Together To Load The Same Screen. Ii. Must Have Multi-capacity Configuration On A Single Card Slot: − 4x 2k×1k@60hz, − 2x 4k×1k@60hz, − 1x 4k×2k@60hz Iii. Must Have A Simple Screen Configuration Using A Single Card And Connector Iv. Must Have Online Status Monitoring Of All Input And Output Cards V. Must Have Hot-swappable Input And Output Cards Vi. Must Have An H_2xrj45 Ip Input Card That Supports Up To 512 Ip Camera Inputs And Input Mosaic. Vii. Must Have Auto Decryption Of Hdcp-encrypted Sources Viii. Must Have Decimal Frame Rates Supported Ix. Must Have Hdr10 And Hlg Processing X. Each Screen Can Have Its Output Resolution. Xi. Must-have Output Mosaic: Adopts The Frame Synchronization Technology, Which Ensures All The Output Connectors Output The Image Synchronously, And The Image Is Complete And Played Smoothly, Without Any Stuck, Frame Loss, Tearing, Or Piercing. Xii. Must Support Irregular Screen Configuration: Supports Irregular Rectangle Mosaic Without Any Limitations. Xiii. Must Have Input Source Grouping Management Xiv. Must Have Eye-saver Mode: Display The Image In A Warmer But Less Bright Way To Relieve Eye Strain. Xv. Lcd Bezel Compensation Xvi. Must Have Multi-layer Display: A Single Card Supports 16x 2k Layers, 8x Dl, Layers Or 4x 4k Layers. All Layers Support Cross-connector Output And The Layer Quantity Is Not Reduced For Cross-connector Output. Xvii. Must Have High-definition Scrolling Text, Customize The Scrolling Text Content, Such As Slogans Or Notification Messages, And Set The Text Style, Scrolling Direction, And Speed. Xviii. Must Support Up To 2,000 Presets: Fade Effect And Seamless Switching Supported, Less Than 60ms Preset Switching Duration Xix. Must Have Scheduled Playback Of Preset Playlist, Set Whether To Add The Presets To Playlist, Which Is Ideal For Monitoring, Exhibitions, Presentations, And Other Applications. Xx. Must Have Osd Settings On A Single Screen And Adjustable, Osd Transparency Xxi. Must Have Bkg Settings, Bkg Images Do Not Occupy The Layer Resources. The Max Width And Height Of A Bkg Image Is Up To 15k And 8k Respectively. Xxii. Must Have Channel Logo Management: Set A Text Or Image Logo For Identifying The Input Source. Xxiii. Must Have Input Source Cropping And Renaming After Cropping, Crop Any Input Source Image And Form A New Input Source After Cropping. Xxiv. Must Have Hdr And 10-bit Video Processing, Allowing For A More Exquisite And Clear Image. Xxv. Must Have Color Adjustment: Output Connector Color And Screen Color Adjustable, Including Brightness, Contrast, Saturation, Hue, And Gamma. Xxvi. Must Have Xr Scenario Control Xxvii. Must Have Low Latency: Reduce The Latency From The Input Source To The Receiving Card To As Low As 1 Frame. Xxviii. Must Have Web Control: Real-time Response And 1000m/100m Self-adaptive Network Control, Allowing For Multi-user Collaboration. Xxix. Must Have Monitoring Of Inputs And Outputs On A Web Page Xxx. Must Support Firmware Updates On Web Page Xxxi. Must Have Ark Visualized Management And Control Platform App Control On Pad Device. Xxxii. Must Have Self-test For Fault Detection Xxxiii. Must Have Auto-monitoring And Alarms: Supports Hardware Monitoring, Such As Fan Rotation Speed, Module Temperature And Voltage, And Running Status, And Sends Fault Alarms If Necessary. Xxxiv. Must Support An Optional Power Supply For Higher System Reliability. Xxxv. Must Have Backup Design − Backup Between Devices − Backup Between Led 4k Sending Cards. C. Accessories I. One (1) Unit - Vacuum Suction Ii. One (1) Unit - Structure/bracket 4.2x2.025m Iii. Nine (9) Units - Hdmi Cable (4k) 10 Meters D. Six (6) Units - 1500va/900w Line Interactive Ups E. Three (3) Units – Desktop Computers I. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) Ii. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) Iii. Operating System (os): Windows 11 Or Higher Iv. Memory: 16 Gb (or Higher) V. Storage: 500 Gb Ssd (or Higher) Vi. Display: 14” Display Vii. Graphic Card: Integrated Graphics Viii. Camera: 1080p Fhd Ir/rgb Hybrid Ix. Wireless: Wi-fi 6e Ax211 2x2, Bluetooth 5.1 Or Above X. Ethernet Port Or Usb Xi. Power Cord: At Least 45w Xii. Warranty: 1 Year Courier Or Carry-in 2. Desktop Computers W/ Extended Monitor A. Six (6) Units – Desktop Computer I. Processor: Intel I7 Or Amd Ryzen7 Processor (or Higher) Ii. Memory: 16 Gb Ddr4 Or Higher Iii. Form Factor: Tower Iv. Storage: At Least 500 Gb Ssd (or Higher) V. Graphics Processing Unit (gpu): 4gb Vram, Gddr5 (or Higher) Vi. Display: At Least 23.8” Hd Led Display (or Higher) Vii. Motherboard: B760-g Wifi D5 Micro-atx Motherboard Viii. Power Supply: Modular Power Supply 850w 80+ Gold Argb Modular Psu Ix. Peripherals: Power Cords, Keyboard & Optical Mouse X. Chassis: Usb Ports, Audio Port, Mic Port, Power Switch, Reset Switch Xi. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) Xii. Operating System (os): Windows 11 Pro Or Higher Xiii. Warranty: 1 Year Courier Or Carry-in B. Six (6) Pcs For 6 Units Of Desktop – Extended Monitor I. Display: At Least 23.8” Hd Led Display (or Higher) C. Six (6) Units – Ups For Command Center I. Must Have Capacity 650va 3. Communication Equipment A. Six (6) Units – Desktop Computer Headphone I. Audio Specifications Must Have, Frequency Response: 20 Hz To 20,000 Hz (standard Range For Human Hearing), Impedance: 32 Ohms (standard For Most Headsets; Higher Impedance May Be Better For High-end Audio), Sensitivity: 90-120 Db (decibels) At 1 Mw For Sound Level, Driver Size: 30-50 Mm (larger Drivers Often Provide A Better Bass Response), Sound Output: Stereo Or 7.1 Surround Sound (for Gaming And Multimedia), Total Harmonic Distortion (thd): Less Than 1% (minimizes Audio Distortion), Noise-canceling: Active (anc) Or Passive, Ii. Microphone Specifications Must Have, Type: Omnidirectional Or Unidirectional, Frequency Response: 100 Hz To 10,000 Hz, Sensitivity: -38 Db ± 3 Db, Noise Cancellation: Active Or Passive Noise-canceling Microphone, Mute Function: Usually Included For Easy On/off Control, Iii. Connectivity Wired: 3.5 Mm Audio Jack, Usb (type-a Or Type-c) Iv. Controls Volume Control: On-ear Cup Or Inline Volume Adjustment, Playback Control: Some Models Allow Pause/play/skip For Media. B. Six (6) Units – Ip Phone Handset Note: Covered In Ip-pa System And Ip-pbx System I. Must Have The Following Physical Specifications: 2.3-inch 128x48 Pixel Dot-matrix Display, Graphical Lcd With Backlight, Keypad: 33 Keys, Including: 4soft-keys, 9 Function Keys (hold / Transfer / Voice Message / Conference / Phonebook, Mwi / Headset / Redial / Hands-free) 4 Navigation Keys, 12 Standard Phone Digits Keys, 3 Volume Control Keys (up/down/mute (microphone), Desktop Stand X1 Status Indicator Light X1 (red), Rj9/rj11 Port X2: Handset X1, Headset X1, Rj45 Port X2: Network X1, Pcx1 (bridged To Network), Security Slot X1, Dc Power Input: 5v/0.6a, Power Consumption (adapter): 0.8~1.29w, Power Consumption (poe): 1.25~1.86w, Device Dimensions: Desktop Stand (45°): 169x201.1x177.4 Mm, Desktop Stand (50°): 169x191.9x185.8 Mm, Wall Mountable: 169x120.1x213.7 Mm Ii. Must Have 6-way Audio Conference Iii. Must Have At Least 600 Call Logs Iv. Must Have At Least 1000 Local Phonebook V. Must Have At Least 1000 Remote Phonebook Vi. Must Have G.722, Opus Wideband Codec Vii. Must Have G.711a/u,g.726,g.723.1, G.729a/b, Ilbc Narrowband Codec Viii. Must Have 2 X 10/100/1000 Mbps Network Rate Ix. Must Have Power Supply Poe X. Must Support Ehs Wireless Headset Xi. Must Have Desktop Stand Xii. Must Support Plantronics Wireless Headset (through Plantronics Apd-80 Ehscable) Xiii. Must Support Recording (through Server) Xiv. Must-have Physical: 10/100/1000 Mbps Ethernet, Dual Bridged Port For Pc Bypass Xv. Must Support Ip Configuration: Static Ip / Dhcp / Pppoe Xvi. Must Support The Following Protocols: Sip 2.0 Over Udp/tcp/tls, Rtp/rtcp/srtp, Stun, Dhcp, Ipv6, Lldp, Pppoe, 802.1x, L2tp, Openvpn, Sntp, Ftp/tftp, Http/https, Tr-069, Aes 128 & Aes 256 Xvii. Must-have Generic Ip Phone Features: 2siplines, Hdvoice, Poeenabled, Dot-matrix Display Screen, Handset/hands-free /headset Mode, Desktopstand/ Wall Mountable (optional), Optional External Power Supply Xviii. Must Have The Following Call Functions: Callout/ Answer/ Reject, Mute/unmute(microphone), Callhold / Resume, Callwaiting, Intercom, Caller Id Display, Speeddial, Anonymouscall(hide Caller Id), Callforward(always/busy/no Answer), Calltransfer (attended/unattended), Callparking/pick-up (depending On Server), Redial, Do-not-disturb, Auto-answering, Voicemessage(with Server), 6-wayconference, Hotline, Hot Desking. 4. Two (2) Units – Laptop A. Processor: Intel I7 Or Amd Ryzen7 Processor (or Higher) B. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) C. Operating System (os): Windows 11 Pro Or Higher D. Memory: 16 Gb (or Higher) E. Storage: 500 Gb Ssd (or Higher) F. Display: 14” Display G. Graphic Card: Integrated Graphics H. Camera: 1080p Fhd Ir/rgb Hybrid I. Wireless: Wi-fi 6e Ax211 2x2, Bluetooth 5.1 Or Above J. Ethernet Port Or Usb K. Power Cord: At Least 45w L. Warranty: 1 Year Courier Or Carry-in 5. One (1) Lot - Outdoor Video Wall W/ Smart Led Solar Powered Light A. Led Panel I. Pixel Pitch 3.91mm Ii. Pixel Configuration 1r1g1b Iii. Led Type Smd1921 Iv. Brightness (max) 5000 Nit V. Color Temperature 3500k-10000k（adjustable) Vi. Viewing Angle H140° / V120° Vii. Pixel Density 65,536 Dots/m² Viii. Module Size 500mm×250mm Ix. Module Resolution 128x64 Dots X. Cabinet Size W500mm×h1000mm×d77mm Xi. Cabinet Resolution (w×h) 128×256 Dots Xii. Cabinet Weight 17.0 Kg ± 0.5 Xiii. Cabinet Material Aluminum Xiv. Operating Temperature/ Xv. Humidity -40℃~+60℃/10~80%rh Xvi. Storage Temperature/ Xvii. Humidity -40℃~+60℃/10~80%rh Xviii. Ip Rating Front Ip68/rear Ip66 Xix. Mounting: Ground Structured Support For Outdoor Video Wall Display Unit (181"w X 138"h) B. Four (4) Unit – Smart Led Solar Powered Light I. Independent Distributed Power Supply System Ii. Solar Powered W/ Smart Sensors Iii. High Quality Lithium Battery Iv. Input Voltage Ac 110~220v (+/-10%) V. Pole-mounted Installation Vi. Mounting: Ground Structured Support For Outdoor Smart Led Solar Powered Light C. One (1) Lot - Controller Required: Quantity I. Must Have Sending Box, Receiving Card, And Light Sensor D. Accessories I. One (1) Unit - Vacuum Suction Ii. One (1) Unit - Structure/bracket 4.2x2.025m Iii. Nine (9) Units - Hdmi Cable (4k) 10 Meters Iv. Two (2) Units - 1500va/900w Line Interactive Ups E. One (1) Unit – Desktop Computer I. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) Ii. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) Iii. Operating System (os): Windows 11 Pro Or Higher Iv. Memory: 16 Gb (or Higher) V. Storage: 500 Gb Ssd (or Higher) Vi. Display: 14” Display Vii. Graphic Card: Integrated Graphics Viii. Camera: 1080p Fhd Ir/rgb Hybrid Ix. Wireless: Wi-fi 6e Ax211 2x2, Bluetooth 5.1 Or Above X. Ethernet Port Or Usb Xi. Power Cord: At Least 45w Xii. Warranty: 1 Year Courier Or Carry-in 6. One (1) Lot – Security Software Licenses A. Access Rights Manager B. Patch Manager C. Serv-u File Transfer Protocol Server D. Serv-u Managed File Transfer Server E. Server Configuration Monitor F. Engineer's Toolset G. Ip Address Manager H. Log Analyzer I. Network Performance Monitor J. Security Event Manager K. Network Topology Mapper 7. One (1) Service - Electronic Permit Layout And Design (as-built Plan) 8. One (1) Service - Electronic Permit Layout And Design Signed By Pece 9. One (1) Lot - Security Software Licenses W/ Dashboard 10. One (1) Lot - Structured Cabling (including External Cabling) 11. One (1) Lot - Roughing-in Materials 12. One (1) Service - Network Design And Consultation 13. One (1) Service - Project Management Services 14. One (1) Service - Temporary Facility (temfacil) For 30 Days 15. One (1) Service - Installation & Configuration 16. One (1) Service - Network Configuration Services 17. One (1) Service - User's Training And Knowledge Transfer 18. One (1) Service - Scaling And Optimization 19. One (1) Service - Manpower Cost 20. One (1) Service - Mobilization Cost 21. One (1) Service - Forwarding Cost 22. One (1) Year - Support Warranty E.18 Campus Data Center Upgrade 1. Non-electrical Components A. Seven (7) Units - Data Racks I. 1200mm Deep Static Rack Cabinet. Ii. Rack Capacity Must Be 42u Iii. Must Be Equipped With Casters And Leveling Feet Iv. Front And Back Doors Must Be Perforated V. Must Have A Load-carrying Capacity Of 950 Kg Or Higher Vi. Optional: Front And Side Stabilizers B. Three (3) Units - Gpu Server I. Must Have Warranty Support (4hr Resp) Ii. Gpu Server Add Ons Iii. Management Controller With 3-year Subscription For Server Endpoint Iv. Console Manager With 3-year Software Subscription C. One (1) Unit - Telephone Terminal Cabinet (ttc) I. The Ttc Must Be Made With Stainless Steel (304 Or 316) Gauge 16. Ii. At Least (800mm X 500mm X 200mm), With Canopy And Locking Mechanism. Iii. Water-resistant 2. Electrical Components A. One (1) Lot - Power Management System I. Design And Install Based On The Requirements Of Section 5.b (electrical Works Services) B. Fourteen (14) Lot - Power Distribution Unit I. 2 Units Shall Be Installed Per Data Rack. Ii. Input Voltage (v): 200-230 Iii. Input Plug Type: Iec 60309 32 A 2p + E Iv. Input Current Limit: 32 A V. Load Capacity: 7400 Va Vi. Network Frequency: 47...63 Hz Vii. Outlet Type And Quantity: (20) Iec 60320 C13, (4) Iec 60320 C19 C. One (1) Unit - Uninterruptible Power Supply 20kva (ups) And One (1) Unit - Uninterruptible Power Supply 5kva (ups) I. At Least 20kva/20kw Rackmount And 5kva/5kw Rackmount 1. Input: A) Ac Input Nominal Voltage (single-phase): 220/230/240 Vac, 3 Wire (l + N + G), Connected Via Hardwire. B) Ac Input Nominal Voltage (three-phase): 380/400/415 Vac, 5 Wire (l1 + L2 + L3 + N + G), Connected Via Hardwire. C) Ac Input Voltage Range: 160 – 285 Vac (l-n) At Full Load, While Providing Nominal Charging To The Battery System; Or 100 – 160 Vac (l-n) At 50% Load, While Providing Nominal Charging To The Battery System. D) Input Frequency Range: 40-70 Hz, Auto-selecting. E) Online Input Power Factor: 0.99 For 75% And 100% At 230 Vac. F) Green Mode Input Power Factor: ≥ 0.95 (for Resistive Load ≥ 25%) At 230 Vac.) At 230 Vac G) Input Current Distortion: <4% For 50% Resistive Load, <3% For 100% Resistive Load. H) Surge Protection: 600 Joules 2. Output: A) Ac Nominal Output Voltage: Single-phase B) Single-phase: 220/ 230/ 240 Vac. Models Are Factory Set At 230 Vac. C) 3-phase: 380/400/415 Vac. Models Are Factory Set At 400 Vac. (for 20kva) D) Output Frequency: 50/60 +/- 4 Hz (auto-sense). 3. Battery: A) Battery Type: Maintenance-free Sealed Lead-acid Battery With Suspended Electrolyte, Leakproof. 4. Installation: A) All Materials To Be Used In The Installation Should Be Included. From The Tapping Point To Ups. D. One (1) Unit - Generator With Automatic Transfer Switch (ats) I. 50kva Generator With Built-in Ats Or Ats Ready Ii. Automatic Start, Electric Start Iii. Phase: 3-phase/1-phase Iv. Operating Mode: Silent/soundproof V. Frequency Rating (hz): 50-70 Vi. Voltage Rating (v): 220-240 Vii. Engine Type: Turbo Diesel Viii. Large Capacity Fuel Tank Ix. Cooling System: Water Cooled X. Protection System: Low Oil Alarm, Temperature Sensor Xi. Should Include Installation And Configuration Services E. One (1) Set - Precision Air Conditioning Unit (pacu) I. Cooling Capacity: 7 Tr (20kw Or 75,400 Btu/hr) Ii. Power Supply: 230 Volts/60 Hz./3 Phase/pe Iii. System Type: Air-cooled Non-inverter Compressor Iv. Air Circuit: 1. Air Direction - Downflow Vertical Discharge 2. Air Inlet Into The A/c On A Large Surface From The Top Of The Unit V. Refrigerant Circuit: 1. Equipped With An Open Refrigerant Circuit The Basic Version Consists Of The Following Components: A. Fully Hermetic, Variable-speed Dc Scroll Compressor B. Oil Separator C. High-performance Evaporator With A Large Surface Area D. Liquid Receiver With Rota Lock On-off Valve And Safety Valve E. Dehydrating Filter F. Liquid Sight Glass G. Thermostatic Electronic Expansion Valve H. High-pressure Switches With Manual Resetting I. Needle Valves For The Refrigerant Change For Pressure Control J. External Welded Connections Vi. Standard Functions: Cooling Mode, Humidification & Dehumidification Mode Vii. User Terminal: 1. 64 X 120 Pixel Backlit Lcd Display And 6 Backlit Keys To Move Between And Change Parameters. 2. Set The Operating Parameters, Monitor The Trend Of The Main Working Parameters, And Read Any Alarm Messages. 3. Capable Of Enabling The Following Functions: A. Temperature And Humidity Control B. Setting Double Temperature And Humidity Set Point C. Complete Alarm Detection System D. Alarm Event History Storage E. Automatic Restart When Power Returns After A Cutout F. Remote Switching On/off Of The Unit G. Graphical Display With Icons Displaying The State Of The Unit Components H. Time Bands For Differential Weekly Switching On/off Of The Unit I. Management Of The Local Network With Setting The Rotation Of One Or Two Units In Standby J. Alarm Sequence History With Up To 100 Alarm Events Viii. Fan Section (indoor): 1. Radial Fan With Electronically Commutated (ec) Motor 2. High-efficiency Ec Motor With Wear-resistant And Maintenance-free Ball Bearing 3. Variable Speed Motor Modulating Fan Speed According To Load Density 4. Eurovent Certification 5. Ce Certification Ix. Air Filter: 1. Made From Self-extinguishing, Synthetic Fiber Cellular Material. 2. Large Filter Surface, Small Pressure Loss, Long Service Life, And Easy Replaceability X. Condenser: 1. Connections To The Remote Condenser 2. Witha Kit Of Legs For Vertical Discharge 3. With Rota Lock Shutoff Valves 4. Regulate The Fan Speed To Ensure Trouble-free Operations F. One (1) Unit - Dehumidifier I. At Least 80 Liters Capacity Ii. Adjustable Humidistat Iii. Auto Restart Iv. Automatic Bucket Full Shut-off V. Automatic Humidistat Control Vi. Bucket Full Indicator Light Vii. External Drain Connect Viii. Removable Water Tank Ix. Washable Air Filter 3. Safety Components A. Eight (8) Units - Fire Suppression System I. Hfc236fa (fe36) / /hcfc-123 Ii. At Least 20 Lbs Iii. Non-residual Iv. Non-corrosive V. Lifetime Chemical Efficacy Vi. Built-in Sensor For Automatic Discharge Vii. Should Include Mounting Plates And Installation Service B. Two (2) Units - Metal Door With Panic Lock Mechanism Note: Included In E-classroom, E-conference Room And Smart Led Solar Powered Light I. The Door Jamb Must Be Able To Hold The Weight Of The Metal Door. Ii. The Door Hinge Must Be Able To Contain The Stress Of The Sudden Swing Of The Metal Door Induced By The Panic Lock Mechanism. Iii. Panic Lock Mechanism Has Priority Over Electronic Security Locks For Exit. C. Four (4) Units - Environmental Monitoring System I. Temperature Sensor And Humidity Data Logger. Ii. Logging Capacity: 60000 Readings Or Higher. Iii. Alarm Status Indicator. Iv. Wired Or Wireless Connection Mode. V. Inclusion Of Cloud Access And/or Mobile Application For Data Access. Vi. Optional: Sms And/or Email Capability. 4. Warranty-three (3) Years Warranty A. Non-electrical Components I. Data Racks Ii. Telephone Terminal Cabinet (ttc) B. Electrical Components I. Electrical Management System Ii. Uninterruptible Power Supply 20kva Iii. Uninterruptible Power Supply 5kva Iv. Power Distribution Units V. 100 Kw Generator With Automatic Transfer Switch (ats) Vi. Air Conditioning Units Vii. Dehumidifier C. Safety Components I. Fire Suppression System Ii. Metal Door With Panic Lock Mechanism Iii. Environmental Monitoring System 5. Included Supply, Installation, And Configuration Services A. Civil Works Services I. Supply And Installation Of Telephone Terminal Cabinet (ttc) (800mm X 500mm X 200mm) With Canopy And Locking Mechanism. Ii. Supply And Installation Of 2 Fire Rated Metal Door With Panic Locking Mechanisms 400mm(w) X 900mm(w) X 2100mm(h)(1-unit) Iii. Supply And Installation Of 2hr Fire-rated Wall Partition 4” Thick (40 Sqm.) Iv. Supply And Installation Of Anti-static Raised Flooring (75 Sqm.) V. Supply And Installation Of The Acoustic-type Ceiling (75 Sqm.) Vi. Supply And Installation Of Led Lighting With Complete Wiring Vii. Painting Inside The Data Center Viii. Water Proofing (covering Part Of Data Center) Ix. Supply And Installation Of Emergency Lights X. Installation Of Generator System Housing B. Electrical Works Services I. Creation And Installation Of An Electrical Design Supporting Ups Power, Air-conditioning, Emergency Light And Exhaust Fan System, With The Capability To Switch To A Generator System With Ats And Auto-start Function. Ii. Independent Circuits For Ups And Regular Power Distributed On A Per Rack Basis. Iii. Independent Circuits For Air Conditioning Systems (ahu) On A Per Unit Basis. Iv. Provision Of Ups Circuits For Security And Environment Monitoring Devices. V. Provision Of Circuits For Future Use. Vi. Installation Of Grounding Systems. Vii. Electrical Panel Boxes Should Be Equipped With Surge Suppressors, Low Voltage Detectors And Power Monitoring. C. Mechanical Works Services I. Plumbing Works For Ahu Drain System. Ii. Plumbing Works For The Dehumidifier Drain System. Iii. Supply And Installation Of Electrical Wire Ways From Main Electrical Panel To Generator Location. Iv. Supply And Installation Of Data Wire Ways For Inter-rack Connections. 6. One (1) Service - System Design Services 7. One (1) Service - Cabling Works 8. One (1) Service - Structured Cabling (including External Cabling) 9. One (1) Service - Forwarding Cost 10. One (1) Service - Project Management Services 11. One (1) Service - User Acceptance Testing (uat) 12. One (1) Service - User's Training And Knowledge Transfer 13. One (1) Service - Scaling And Optimization 14. One (1) Service - Manpower Cost 15. One (1) Service - Mobilization Cost E.19 Data Center Network Switches 1. Two (2) Units - Core Switch A. Hot Swap Power Supply B. Open Ports Configuration With At Least 16 100g Qsfp28 Ports C. Open Ports Configuration With At Least 4 25g Qsfp28 Ports D. All Open Ports Enabled E. Zero License Fee For Modules Inserted I. Four (4) 100 Gbit Fiber Module Ii. Four (4) 40 Gbit Fiber Module Iii. Six (6) 10 Gbit Copper Module Iv. Six (6)10 Gbit Fiber Module V. 100 Gbit Dac Cable 2. Two (2) Units - Core Fiber Switch 3. One (1) Unit - Router A. Redundant Power Supply B. Load Balancing/failover Capability For Unequal Bandwidth C. At Least 12 1gbit Ports D. All Open Ports Enabled E. Zero License Fee For Modules Inserted F. One (1) Lot - X 10g Sfp+ Ports G. One (1) Lot - 10gbit Fiber Module (sfp / Sfp+ / Sfp28) H. One (1) Lot - 10gbit Copper Module 4. One (1) Unit- Top Of Rack (tor) Switch Poe A. Redundant Power Supply B. At Least 48 Gbit Ports C. All Open Ports Enabled D. Zero License Fee For Modules Inserted E. Four (4) X 10g Sfp+ F. Two (2) 40g Qsfp+ G. 48 Poe Ports H. Poe Out Standard: 802.3af/at I. Max Power Output Per Port (input 18-30 V): 1000 Ma J. Max Power Output Per Port (input 30-57 V): 570 Ma K. Total Power: 700w L. Six (6) 40gbit Fiber Module 5. One (1) Unit - Top Of Rack (tor) Switch Non-poe A. Redundant Power Supply B. At Least 48 Gbit Ports C. All Open Ports Enabled D. Zero License Fee For Modules Inserted E. Four (4) X 10g Sfp+ F. Two (2) 40g Qsfp+ G. 48 Poe Ports H. Six (6) 40gbit Fiber Module 6. One (1) Unit - Management Switch A. Redundant Power Supply B. At Least 24 Gbit Ports C. 10gbit Fiber Module D. Sfp+ To Sfp+ Connector 7. Two (2) Units - Access Point Cap-ac 8. One (1) Service - Electrical And Racking Design Services 9. One (1) Service - Network Design And Consultation 10. One (1) Service - Project Management Services 11. One (1) Service - Switch Installation 12. One (1) Service - Network Configuration Services Supplier 13. One (1) Service - Training And Knowledge Transfer 14. One (1) Service - Scaling And Optimization Of Data Center Network Switches 15. One (1) Service - Manpower Cost 16. One (1) Service - Mobilization Cost 17. One (1) Service - Forwarding Cost 18. One (1) Year - Support Warranty E.20 Data Center Compute System & Data Center Block And File Storage 1. Eight (8) Lots - Hci Cluster: A. Form Factor: 2u Rack Server B. A Total Of Eight (8) Hci Nodes C. Must Have 2x 6426y 16c 185w 2.5ghz Processor Per Node D. Must Have A Total Of 256gb 2rx8 4800mhz Memory Per Node. Can Support Up To 8tb Of Memory E. Network Interfaces Must Have A 2x 2-ports 10gb Base-t F. Storage Drives Must Have 2.5" Cache Drives And 3.5" For The Capacity Drives G. Must Have 2x M.2 Nvme 960gb Read Intensive Pcie Gen 4 Ssd For The Boot Drive H. Must Have A Total Effective Capacity Of At Least 500 Tb And 700 Tb Raw Capacity On Rf2 With 0% Savings I. Must Have Redundant 1100w Platinum Psu J. 2u Rack Mounted K. Software Inclusion: I. Must Include Rhel For Virtual Datacenters Premium 3 Years. Ii. Must Include Microsoft Center Licenses, Cals, And Sql Server With Software Assurance For The Education Sector. L. Hypervisor Support: I. Supports Industry-standard Hypervisors Like Vmware Esxi, And Native (bundled) M. Hci Features: Ii. Hci Licenses Should Be Oem Iii. Can Support Heterogeneous Clusters And Storage Nodes Only Iv. Must Have Vm-centric Snapshots & Clones V. Must Have Data Tiering Vi. Must Have Online Cluster Grow/shrink Vii. Must Have Data Path Redundancy Viii. Up To 2 Tunable Redundancy Factor Ix. Basic Compression (lz4) - Inline And Post-process X. Deep Compression (lz4hc) - Greater Efficiency For Cold Data Xi. Cache Deduplication Xii. Capacity Deduplication Xiii. Volume Groups - For In-cluster Vms Xiv. Async Replication (rpo = 1 Hr Or Greater) Xv. Application Consistent Snapshots Xvi. Client Authentication Xvii. Centralized Management Can Support Multi-cluster Management Xviii. Infrastructure Management, Monitoring, And Health Xix. Enterprise Authentication And Rbac Xx. Rest Apis Xxi. Comprehensive Search Xxii. Management Can Support The Report Xxiii. Management Has A Customizable Dashboard Xxiv. Management Can Plan And Forecast The Capacity Xxv. Resource Inefficiency Detection And Right-sizing Xxvi. Low-code/no-code Operations Automation Xxvii. Must Have 50tib Licenses For Unified Storage N. Hardware Management Features: I. Configure An Hci Node Ii. Update An Hci Node Iii. Integrate Into External Apps Through Integrators Or Rest Apis Iv. Manage Servers, Network, And Storage V. Auto-discover Systems Vi. Monitor And Track Multiple Systems, And Handle Faults Including Call Home Or Equivalent Vii. Manage Server, Network, And Storage Updates With Policies Viii. Configure Multiple Servers With Software Patterns Ix. Install Operating Systems And Hypervisors X. View The Status Summary Of All Hardware Components Xi. Encapsulation, Which Enables Us To Configure The Management Software To Change The Firewall Rules For The Devices So That Incoming Requests Are Accepted Only From The Management Software Xii. Compliant With Nist Sp 800-131a Or Fips 140-2. Hardware Management Should Support Self-signed Ssl Certificates (issued By An Internal Certificate Authority) Or External Ssl Certificates (private Or Commercial Ca). Xiii. Must Include An Audit Log That Provides A Historical Record Of User Actions, Such As Logging On, Creating Users, Or Changing User Passwords. O. Hardware Management Platform Should Have A Mobile App With The Following Features: I. View The Status Summary Of All Hardware Ii. Monitor The Detailed Status Of Each Device Iii. Monitor Inventory Of Each Device Iv. Monitor Audit Events, Hardware And Management Events, Alerts, And Jobs. V. Performs Power Actions On The Device. Vi. Act On Common System-level Tasks To Minimize The Risk Of Disruptions And Downtime. Vii. Forward Emails To Share Inventory, Alerts, And Event Information. Viii. Perform Initial Configuration Of Servers, Retrieve Diagnostic Information (virtual Lcd) And Perform Actions, Initiate Hardware Management From A Mobile Device. Ix. Monitor Hardware Inventory For Unexpected Component Changes, And Simply Log The Event Or Prevent Booting X. Enforces Cnsa 1.0 Level Security Xi. Enables Administrators To Manage And Synchronize Configurations And Firmware Levels Across Multiple Servers Xii. Should Be Available On Both Ios And Android. Xiii. The Hci Should Provide A Single Unified Management Console For The Management Of The Entire Environment Including Virtualized Environment As Well As Software Defined Storage Environment, Underlying Hardware, And Associated Components. Xiv. The Hci Should Provide Enterprise Data Services Such As Deduplication And Compression With Erasure Coding Completely In Software Without Dependency On Any Proprietary Hardware. Xv. System Management Must Be Able To Provide Proactive Alerts For Processors, Voltage Regulators, Memory, Internal Storage, Fans, Power Supplies, Raid Controllers, And Server Ambient And Sub-component Temperatures. Xvi. Must Be 100% Software-defined Without Dependency On Proprietary Hardware Or Networking Components. Xvii. Supports Differing Cpu & Memory Configurations Of Nodes Within The Same Cluster Xviii. The Hyper-converged Platform Must Have Fips 140-2 Certification Xix. The Hyper-converged Platform Must Have Common Criteria Security Certification. 2. One (1) Lot - Kvm Switch With Lcd Console A. 16-ports Kvm Switch And One (1) Lcd Console. Must Be The Same Brand As The Hci Nodes. B. Must Be Able To Handle 2 Concurrent Users. C. Local User Connection For Kvm: Vga + Usb D. Maximum Number Of Target Systems: 16 E. Maximum Video Resolution: 1600x1200 (4:3),1680x1050 (wide) 3. Thirty-two (32) Roll - Green Cat6 Cable 4. One (1) Service - Storage System Installation 5. One (1) Service - Storage Network Configuration Services 6. One (1) Service - System Design Services 7. One (1) Service - Application Installation 8. One (1) Service - Project Management Services 9. One (1) Service - User Acceptance Testing (uat) 10. One (1) Service - User's Training And Knowledge Transfer 11. One (1) Service - Scaling And Optimization Of Data Center Compute System 12. One (1) Service - Manpower Cost 13. One (1) Service - Mobilization Cost 14. One (1) Service - Forwarding Cost 15. Three (3) Years - Software Warranty 16. Three (3) Years - Support Warranty E.21 Data Center Backup And Recovery System 1. One (1) Lot - Enterprise On-premises Data Backup System - Hardware A. Must Have At Least 4410t 10c 150w 2.7ghz Processor. B. Must Have At Least 32gb 4800mhz Memory With Expansion Of Up To 8tb. C. Must Have 4-ports 10gb Base-t. D. Must Have At Least 22tb Storage Capacity. E. Must Have 2x M.2 480gb Read Intensive Sata Ssd. F. Raid Controller Should Support Raid 0,1,10,5,50,6 Configurations With 4gb Cache. G. Must Include Microsoft Windows Server Standard And Client Access Licenses (cals) For The Education Sector. 2. One (1) Lot - Enterprise On-premises Data Backup System – Software A. The Backup And Recovery Solution Should Work With Virtualized Infrastructure Based On Version 6.x, 7.0, 8.0, Microsoft Hyper V 2022 Or Higher And Later Versions, Nutanix Ahv Version 6.5 And Later, And Red Hat Virtualization Version 4.4 Sp1 (red Hat Virtualization Manager Version 4.5.0 Or Later) In A Single Product B. The Solution Should Provide A Centralized Console To Coordinate Backup, Replication, Recovery Verification And Restore Tasks. It Is Also Used To Set Up And Manage Backup Infrastructure Components. C. The Solution Must Provide Immutability To Prohibit Modification Or Deletion Of Backup Data As A Result Of Malware Activity Or Ransomware Attacks. D. Must Provide Agentless Protection Without The Need To Install Agents Inside Each Vm Running On Vmware, Hyper-v, Nutanix Ahv, And Rhv Platforms E. Must Support Direct Attached Storage, Network Attached Storage, Deduplicating Storage Appliances, And Object Storage As Backup Repositories F. Ability To Utilize Forever Forward Incremental, Forward Incremental & Reverse Incremental Backup Methodology. G. Ability To Perform Agentless Transaction Log Backup And Replay And Database Restore To Original Or New Sql Server H. Ability To Select And Choose Multiple Mssql Databases When Performing A Mass Database Export, Restore, Or Instant Recovery. I. The Solution Must Provide Automated Tests And Verification Of Each Backup Or Replica To Assure Recoverability In Case Of Production Failure. The Verification Must Include Vm Files, Os, And Applications Including Custom Testing Using Scripts J. The Solution Must Provide 105 Options To Perform Recovery. K. The Solution Must Have The Ability To Provide Recovery Delegation For Individual Or Group Vms L. Included Built-in Aes 256-bit Encryption, Compression, And Deduplication In A Single Product Without An Additional Option To Purchase M. The Solution Should Support Direct Backup To Object Storage Such As Amazon S3, Google Cloud Storage, Ibm Cloud Object Storage, Microsoft Azure Blob Storage, And Any S3-compatible Object Storage On-premise And In The Cloud. N. Ability To Combine One Or More Backup Repositories Or Object Storage (aws S3, Azure Blob, Gcp & Any S3 Object Compatible) Repositories And Tier Backup Data From Performance To Capacity And Archive Tier. O. Provide Agent-based Data Protection For Physical Server On Windows Or Linux With Support For Bare Metal Recovery, Export As Virtual Disk & Able To Perform Instant Recovery To Vmware Platform, Microsoft Hyper-v, And Nutanix Ahv P. Able To Provide Secure Access To The Backup Console With Optional Two-factor Authentication (2fa) That Is Based On Time-based One-time Passwords (totp) 3. Twenty-four (24) Months - Cloud-based Disaster Recovery System A. The Solution Must Have The Ability To Provide Recovery Delegation For Individual Or Group Vms B. The Solution Should Support Direct Backup To Object Storage Such As Amazon S3, Google Cloud Storage, Ibm Cloud Object Storage, Microsoft Azure Blob Storage, And Any S3-compatible Object Storage On-premise And In The Cloud. C. Provide Agent-based Data Protection For Physical Server On Windows Or Linux With Support For Bare Metal Recovery, Export As Virtual Disk & Able To Perform Instant Recovery To Vmware Platform, Microsoft Hyper-v, And Nutanix Ahv D. The Billing Of Dr Site Resources Must Only Be In Effect When The Resources Are Used. E. Must Provide For Monitoring And Periodic Conduct Of Dr Drills F. Must Have The Capability To Instantiate Test Instances For Non-disruptive Testing G. Must Be Able To Set Up And Initiate Continuous Data Replication. H. Must Provide Replication For At Least 10 Servers 4. One (1) Service - Electrical And Racking Design Services 5. One (1) Service - Network Design And Consultation 6. One (1) Service - Disaster Recovery Site Provisioning And Testing 7. One (1) Service - Application Installation 8. One (1) Service - Project Management Services 9. One (1) Service - Network Configuration Services 10. One (1) Service - User's Training And Knowledge Transfer 11. One (1) Service - Scaling And Optimization Of Data Center Backup And Recovery System 12. One (1) Service - Forwarding Cost 13. One (1) Service - Manpower Cost 14. One (1) Service - Mobilization Cost 15. Three (3) Years - Support Warranty E.22 Cloud Infrastructure-as-a-service 1. Cloud Infrastructure Subscription A. Payment Terms I. Basc Shall Pay The Vendor A Fixed Monthly Fee For All Cloud-related Services. Ii. The Accumulated Payables Within The Validity Of The Subscription Period Must Not Exceed The Budget Set For This Procurement. Iii. All Activated Additional Resources Must Be Billed Not Less Than 30 Calendar Days From The Date Of Activation, Or 60 Calendar Days Should It Be Activated Beyond The Agreed “cut-off” Period. Iv. All Chargeable Costs Must Be Inclusive Of Vat. V. Basc Shall Reserve The Right To Take Over The Root Account And Pay The Billings Directly. To Avail Of This Prerogative, Basc Must Inform The Vendor In Writing At Least 3 Months Prior To Contract Expiration. B. One (1) Lot – Cloud Management Services I. The Vendor Shall Have Cloud Provider Preference, Provided That The Cloud Provider Adheres To The Standards Stated In Section 2.b. Ii. The Vendor Shall Migrate Agreed-upon Resources From The Current Cloud Computing Service Platform Or Its Current Site To The New Cloud Computing Platform In Coordination/collaboration With Basc’s It Team. Iii. The Vendor Shall Provide Counterpart Technical Support In The Setup, Configuration And Monitoring Of Cloud Infrastructure. 2. Cloud Infrastructure Standards A. Cloud Infrastructure Providers Should Have Global Presence. B. Certified For Information Security Management Systems (iso 27001) C. Certified For Code Of Practice For Information Security Controls Based On Iso/iec 27002 For Cloud Services (iso/iec 27017) D. Certified For Code Of Practice For Protection Of Personally Identifiable Information (pii) In Public Clouds Acting As Pii Processors (iso/iec 27018) 3. Data Center Standards A. Must Have The Capability To Deploy A Highly Available And Multi-zone Disaster Recovery Solution Across Multiple Data Centers Within The Asean Region B. Must Have The Ability To Provide A Managed Relational Database Service That Can Be Integrated With Any Chosen Software Solutions. C. Must Have The Capability To Deploy Standard Virtual Machines And Cloud-native Services. 4. Account Management A. The Account Ownership And Its Related Services Shall Belong To The Vendor. Access Rights Should Be Given To Basc, As Deemed Necessary, To Perform Monitoring Services Related To The Project 5. Warranty A. Cloud Management Services - One (1) Year 6. One (1) Lot - Secure Access Path A. Split Tunneling: Routes Only Specific Traffic Through The Vpn. B. Always-on Vpn: Maintains A Constant Secure Connection. C. Kill Switch: Disconnects If The Vpn Tunnel Fails. D. Dynamic Multipoint Vpn (dmvpn): For Dynamic And Scalable Vpn Networks. 7. One (1) Service - Cloud Infrastructure Design And Consultation Services 8. One (1) Service -vpn Network Design And Consultation 9. One (1) Service - Cloud Resources Provisioning And Testing 10. One (1) Service- Project Management Services 11. One (1) Service - User's Training And Knowledge Transfer 12. One (1) Service - Manpower Cost 13. One (1) Service - Mobilization Cost 14. Three (3) Years - Support Warranty E.23 Ip-pa System And Ip-pabx System 1. Ip-pabx System Components A. One (1) Unit - Ip Phone System I. Base Users / Max Users Up To 300 / 500 Ii. Max Concurrent Calls 60 / 120 Iii. Base / Max Call Center Agents 300 / 500 Iv. Max Fxs Ports 16 V. Max Fxo/bri Ports 16 Vi. Max Gsm/3g/4g Ports 6 Vii. Max E1/t1/j1 Ports 2 Viii. Expandable D30 2 Ix. Nfc Read/write X. Ethernet Interfaces 2 X (10/100/1000 Mbps) Xi. Hard Disk 1 Sata (up To 2tb) Xii. Usb 1 (usb Portable Ssd, Up To 2tb) (usb Flash Drive, Up To 256) Xiii. Power Supply Ac 100-240v 50/60hz Xiv. Form Factor 1u Rackmount Xv. Environment Operation Range: 0°c To 40°c, 32°f To 104°f Storage Range: -20°c To 65°c, -4°f To 149°f Humidity: 10-90% Non-condensing B. One (1) Unit - D30 Expansion Module I. Dsp Module, Used To Expand The Capacity Of Pbx. Ii. Extensions Increase By 100 And Concurrent Calls Increase By 30 Additionally. C. One (1) Unit - Ex 08 Module I. Must Support Up To 4 Modules (8 Rj11 Ports). D. Two (2) Units - O2 Module I. Ports 2 Rj11 Fxo Ports Ii. Supported Model S20, S50, S100, S300 Iii. Ring Frequency Detection 15~50 Hz Iv. Ring Voltage Detection 30+ Vrms (depending On The Fxo Mode) V. Termination Pstn Lines Vi. Echo Cancellation Signaling Modes Foreign Exchange Office: 2-way Connection To Prx Or Key System Trunk. Foreign Exchange Station Defined Network: Provides Access To Major Carrier Services. Private Line Automatic Ringdown (plar)-point-to-point Unswitched Connections. E. One (1) Unit - Voip Gateway I. Rj11 Fxo Ports Ii. Lan 1 10/100mbps Iii. Protocol Sip (rfc3261), Iax2 Iv. Transport Udp, Tcp, Tls, Srtp V. Codec G.711 (alaw/ulaw), G.722, G.723, G.726, G.729a, Gsm, Adpcm Vi. Voice Capability Itu-t G.168 Lec Echo Cancellation, Dynamic Jitter Buffer, Vad, Cng, Plc Vii. Dtmf Mode Rfc2833, Sip Info, In-band Viii. Fax T.30 Ix. Qos Diffserv, Tos, 802.1 P/q Vlan Tagging X. Network Dhcp, Ddns, Openvpn, Pppoe, Static Route, Vlan Xi. Network Protocol Ftp, Tftp, Http, Https, Ssh Xii. Management Protocol Radius Xiii. Signaling Fxs Loop Start, Fxs Kewlstart Xiv. Caller Id: Bell202, Etsi (v23), Ntt (v23-japan), And Dtmf-based Cid Xv. Disconnect Methods: Busy Tone, Polarity Reversal Xvi. Fxo Connectivity: Programmable Ac Impedance, Hangup Detection, Answer Detection, Caller Id Detection Xvii. Power 12v, 1a Xviii. Mounting Desktop, Wall-mount Xix. Compatibility: Interoperable With Asterisk, Lync Server, Freepbx And Certified With Elastix F. Forty-six (46) Units - Ip Phone Handset I. Must Have A Linux Operating System Ii. Must Have 132x64 2.3” Dot-matrix Display Iii. Must Have 6-way Audio Conference Iv. Must Have At Least 600 Call Logs V. Must Have At Least 1000 Local Phonebook Vi. Must Have At Least 1000 Remote Phonebook Vii. Must Have G.722, Opus Wideband Codec Viii. Must Have G.711a/u,g.726,g.723.1, G.729a/b, Ilbc Narrowband Codec Ix. Must Have 2x10/100/1000mbps Network Rate X. Must Have Power Supply Poe Xi. Must Have An Ehs Headset Xii. Must Have Desktop Stand G. Two (2) Units - Enterprise Ip Phone I. Must Have A 3.5-inch Main Color Screen And 2.4-inch Extended Screen For Dss Keys Ii. Hd Audio On Speakerphone And Handset Iii. Support 6-way Audio Conference Iv. Line Keys On The Main Display V. 6 Dss Keys On The Extended Screen, Up To 30 Dss Keys Via 5 Pages Vi. Built-in Bluetooth 4.2, Support Bluetooth Headset; Support Wi-fi Dongle Vii. Support Ehs Wireless Headset Viii. Dual Gigabit Ports, Integrated Poe Ix. Stand With 2 Adjustable Angles Of 45 And 50 Degrees 2. Ip-pa System Components A. One (1) Unit - Digital Ip Network Broadcasting Client Management Software I. Support Each Audio Terminal’s Operation, Audio Streaming Transmission Management, Broadcasting From Each Audio Terminal, And Full Duplex Exchange Of Audio. It Adopts B /s Architecture And Supports Terminal Management, User Management, Program Broadcasting Management, Audio Files Management, Record Storage, And Internal Communication Scheduling Through Web Login. Ii. Support Program Database Sources Management, Timing Broadcast, And Real-time Media Service Vod For All Audio Terminals, Program Broadcasting For Each Terminal, And Data Interface Service For Each Audio Workstation Iii. Support Full-duplex Voice Data Exchange, Paging And Call From Each Intercom Terminal, Various Calling Modes (like One Button To Call, One Button To The Intercom, One Button To Ask For Help, One Button To Alarm, And So On), Automatic Answer, Manual Answer, And Custom Answer Tone. Iv. Support Multiple Calling Strategies, Including Call Waiting, Call Forwarding, No Answer Reminder, And Custom Setting For Time Strategy And Forwarding Strategy. It Supports Setting Up The Call Strategy Of The Intercom Terminal. It Can Customize The Call Time From 0 To 180s Or No Limit. It Can Choose Whether To Answer Automatically Or Not. It Also Supports Customizing The Choice Of Calling Ringtones And Waiting Ringtones. V. Support Terminal Short Circuit Linkage Trigger. Users Can Arbitrarily Set The Trigger Scheme And Trigger Terminal Quantity. The Trigger Scheme Includes Short Circuit Output, Music Playback, And Patrol Alarm. Vi. Support To Program Timing Tasks, Multiple Timing Programs, Support Selecting Any Terminal, And Setting Any Time. Support Timed Task Execution Test, Setting Repetition Period And A Variety Of Audio Source Selections For Timing Tasks (music Playback, Sound Card Acquisition, Terminal Acquisition). Vii. Support Multiple Schemes Of Timed Ringing To Be Enabled At The Same Time. Viii. Support Multiple Tasks To Be Carried Out At The Same Time Ix. Support All Schemes To Be Enabled/ Disabled By One Button. X. Support Bell Scheme Cloning, Task Execution, And Stop Control, Disable And Enable The Function Of A Timing Task. Xi. Support Timing Patrol, Support Execution Time And Repetition Period Of The Custom Patrol Task, 0-30s Customized Interval Of The Indicator Flashing, And External Lock-free Button Short-circuit Switch (with 3.3v Led Indicator Light). Xii. Support Today's Task List View, Which Makes It Easy To Manage All Scheduled Task Information And Execution Status Performed Today. Xiii. Support Terminal Tamper Alarm. Trigger Terminal Alarm When A Terminal Is Demolished Or Trigger Alarm For Other Terminal Linkages. Support Alarm Task To Automatically Cancel The Alarm Function. Xiv. Support External Power Management Of Audio Terminals, Timing Switch O,n And Delay Off. Xv. Support Light Control And The Light Mode Configuration. Xvi. Support All Zones, Part Of The Zones Fire Linkage, N±n Fire Mode, Manual Alarm And Digital Alarm Mixing, Alarm Configuration To Trigger Terminal Collection Tasks Xvii. Support Terminals’ Login Password Central Management, Multiple Priority Management, Easy Automatic Authorization, Task Priority, Terminal Priority, And User Priority Customization. Xviii. Support Sub-control Management Of Multi-users And Arbitrary Degrees To Achieve Remote Program Broadcasting Management. Xix. Support Multi-user, Multi-level, Specified Permissions, Specified Functions, And Specified Terminals To Classify And Manage The Background. Xx. The Terminals Support Three-wire And Four-wire Volume Control Functions; The Four-wire Volume Control Needs An External Power Supply. Xxi. Support To Set The Zones And Control The Power To The 8-channel Terminal Through Web Background Or Sub-control Client Side. Xxii. Support To Set The Time Display In The Terminals Can Set 0 - 6 Level Brightness Value, It Can Realize No Time Display Mode When The Terminal Is Offline. Xxiii. Support Broadcast, Intercom, Real-time Acquisition, Terminal Monitoring ,and Recording. Xxiv. Support Remote On-demand Operation By Remote Controller. Xxv. Support Terminal Audio Acquisition And Broadcast Function. Xxvi. Support Local Audio Collection Function, The Local File Can Be Played To Any Designated Terminal. Xxvii. Support Scheduled Offline Ringing Function, Which Enables The Terminal To Perform Scheduled Ringing Tasks When The Network Is Disconnected Xxviii. Support Offline Downloading Of Ringing Tasks; Xxix. Support To Clear The Offline Tasks On The Terminals. Xxx. Support The Telephone Broadcasting Function, Realize The Function That The Telephone Initiates All Zone Broadcasting Or Part Of The Zones Or Single Zone Broadcasting. Xxxi. Support Remote Firmware Upgrade To The Terminal, No Need To Upgrade Locally, Which Can Reduce The Maintenance Work. Xxxii. Support Background Skin Change Function, You Can Switch Skin Themes Freely According To Your Preference. Xxxiii. Support Terminal Details Exporting Function, Support To Export The Configuration Details Of The Current System Terminal By Table. Xxxiv. Support Batch Modification Of The Time Of Scheduled Tasks And Execution Terminal. Xxxv. Support Sdk Kits, Standard Mfc Dynamic Link Libraries, And Http Protocols To Achieve Integration With Third-party Platforms. Xxxvi. Support The Terminal To Self-define The Area Division, Realizing The Management Of The Terminal’s Real-time Status According To Different Zones. Xxxvii. The Log Records The System Operation Status And Records The System Operation And Terminal Working Status In Real-time. Each Paging, Call, And Broadcast Operation Is Recorded. Xxxviii. The System Is Compatible With Any Network Structure Such As Router, Switch, Bridge Gateway, Modem, Internet, 2g, 3g, And 4g. Xxxix. Windows Service Mode, Support Win7, Server2008, And Higher Systems. Xl. It Uses The Background System Service To Run, Which Is An Enterprise-level Standard Server Working Mode. The System Can Run Automatically When The System Is Turned On. It Has Higher Stability And Reliability Than The Software Running In The Foreground Of The Interface. B. One (1) Unit - Desktop Computer I. Processor: Intel I7 Or Amd Ryzen7 Processor (or Higher) Ii. Memory: 16 Gb Ddr4 Or Higher Iii. Form Factor: Tower Iv. Storage: At Least 500 Gb Ssd (or Higher) V. Graphics Processing Unit (gpu): 4gb Vram, Gddr5 (or Higher) Vi. Display: At Least 23.8” Hd Led Display (or Higher) Vii. Peripherals: Power Cords, Keyboard & Optical Mouse Viii. Chassis: Usb Ports, Audio Port, Mic Port, Power Switch, Reset Switch Ix. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) X. Operating System (os): Windows 11 Pro Or Higher Xi. Warranty: 1 Year Courier Or Carry-in C. One (1) Unit - 2kva Ups I. Must Have Capacity 2000va Ii. Must Support Input Rated Voltage 220vac~240vac 110vac~120vac Iii. Must Support Voltage Range 140vac~290vac 81vac~145vac Iv. Must Have A Rated Frequency Range Of 50hz Or 60hz V. Must Have Output Voltage 220/230/240 Vac 110/120 Vac Vi. Must Have Ac Voltage Regulation (batt. Mode) ±10% Vii. Must Have Frequency Range (batt. Mode) 50hz Or60hz±1hz Viii. Must Transfer Time 2-6ms Ix. Must Support Battery Type & Number 12 V/9 Ah X 2 X. Must Charging Voltage 27.4v±1% Xi. Must Have Indicators: Battery Mode Green Lighting, Ac Mode Green Lighting Xii. Must Have Alarm: Battery Mode Sounding Every 10 Seconds Xiii. Must Have A Low Battery Sounding Every Second Xiv. Must Have Overload Sounding Every 0.5 Second Xv. Must Have Fault Continuously Sounding Xvi. Must Have Protection: Full Protection Overload, Discharge, And Overcharge Protection Xvii. Must Operating Temperature 0°c ~ +40°c (+32°f ~ +104°f) Xviii. Must Operating Humidity 0~90% Rh(non-condensing) D. Two (2) Units - Desktop Intercom Paging Microphone I. With Desktop Design, It’s Built-in 7-inch Resistance Touch Screen By 800 × 480 Dot Matrix K600 + Kernel 65k Color, To Fulfill Clear Display And Sensitive Touch. Ii. With Numeric And Function Keys Interface. Iii. Support Paging To Single Or Multiple Zones, All Zones. Support Direct Paging Or Intercom With Terminal, Support Environmental Monitoring To Any Terminal, With Distance Up To 5 Meters. Iv. With Embedded Computer Technology And Dsp Audio Processing Technology, High-speed Industrial-grade Chips. V. Built-in 1 Channel Network Hardware Audio Decoding Module That Supports Tcp / Ip, Udp, Igmp (multicast) Protocol To Achieve 16-bit Stereo Cd Quality Network Audio Signal Transmission. Vi. It Is Compatible With Routers, Switches, Bridges, Gateways, Modem, Internet, 2g, 3g, 4g, Multicast, Unicast, And Other Arbitrary Network Structures. Vii. Support Full-duplex Two-way Intercom Function, Built-in Network Echo Cancellation Module. Viii. Support Two-way Intercom Between The Terminals, With A Network Delay Of Less Than 100ms, And Suppress The Network Echo Howling Completely. Ix. Support Hints Of Asking For Help Signal Ringing And Flashing Lights, One Key To Accept The Call, Intercom, Hands-free Calls And Receive Broadcast, To Achieve Quick Links. X. Support Multiple Paging Modes, Including Paging Waiting, Paging Forwarding, And Answer Reminding. Xi. Support For Answering Automatically, Manual Answering, And Support For Custom Answer Tone. Xii. Support The User-defined Setting Of Time For Call Forwarding, No Answer, And Call Waiting. Xiii. Built-in 2w Full-frequency Hi-fi Speaker, To Fulfill Two-way Conversation And Network Monitoring. Xiv. One Φ3.5 Headphone Jack And One Φ3.5 Mic Input Socket, Matching 95% Headphones And A Portable Microphone In The Market. Xv. With One Line Output For External Amplifier Expansion, And One Line Input For More Audio Source Transmission. Xvi. One-way Alarm Output For Short Circuit Trigger Can Be Cascaded With An External Alarm Device Or Access Control; One-way Short Circuit Input Can Be Used To Trigger Preset Voice Prompts (or Alarm) And Also Can Be Used To Control The Access Control To Linkage With Input Short-circuit Signal. Xvii. The Digital Products Are More Convenient For Extension, With No Limit By The Geographical Position, No Need To Increase Management Equipment In The Control Center, Sharing Network To Save Cabling And Simple Installation. Xviii. It Supports Remote Updating To The Hardware Terminal, With No Need To Upgrade Locally, To Reduce Maintenance Work And Make Simpler Operation. Xix. With 10 Buttons, Supports Customized One-button Paging And One-button Broadcasting. E. Twenty (20) Units - Wall Mount Speakers 30w I. The Equipment Is Designed With Embedded Computer Technology And Dsp Audio Processing Technology. Ii. Built-in 1-channel Network Hardware Audio Decoding Module, Supports Tcp/ip, Udp Protocol, Realizes The Network Transmission Of 16-bit Cd Audio Signal. Iii. Supporting Poe (ieee 802.3af) Power Supply Mode, Only One Network Cable Is Needed To Connect To The Poe Switch, So The Operation Is Simple And Convenient. Iv. Equipped With A Dc 24v Standby Power Interface, It Is Suitable For Power Supply When Power Demand Is Greater Than 10w Or For Non-poe Networks. V. Digital Power Amplifiers With Intelligent Gain Adjustment, Adaptive Power Supply, And Automatic Power Adjustment Are Always In The State Of Performance Optimization And Efficiency Maximization. Vi. Full-band, High-sensitivity Amplifier Unit With Abundant Power And High Fidelity. Vii. Compatible With Any Network Architecture Such As Router, Switch, Bridge Gateway, Modem, Internet, 2g, 3g, And 4g. Viii. Supporting The Broadcasting System To Upgrade The Terminal Firmware Remotely, Without Upgrading To The Terminal Locally, So As To Reduce The Work Intensity Of Maintenance. F. Forty-six (46) Units - Outdoor Column Speaker 20w I. Outdoor Waterproof Column Speaker, Streamlined Design. Ii. The Shell Is Made Of One-piece Thickened Aluminum Alloy, Which Can Effectively Reduce The Resonance Of The Cabinet When The Sound Pressure Is High, And The Surface Adopts Outdoor Powder Spraying To Prolong The Service Life. Iii. The Mesh Cover Is Made Of Aluminum Alloy, One-piece Stamping, And Covered With A High Acoustic Sponge, Further Improving The Waterproof Performance And Increasing The Service Life. Iv. Using Six 2.5-inch Full-range Speaker Units, Bearing High Power, Low Distortion, And Excellent Vocal Performance. V. Built-in High-performance 100v Audio Transformer, Which Can Reduce The Loss In The Circuit Due To Impedance. Vi. Using High-quality Wires, It Can Be Used At Full Load For A Long Time, With Good Anti-scald And Conductivity Capabilities. Vii. L-shaped Bracket Design, Convenient And Flexible Adjustment Scheduling, User-friendly Operation, And Installation Debugging. 3. One (1) Lot - Roughing-in Materials 4. One (1) Lot - Scope Of Works I. Device Installation And Termination Ii. Cable Testing And Tracing Iii. Technical Configuration, Testing, Commissioning, System Configuration, Training, System Design, And System Management. 5. One (1) Service - Network Design, Consultation (signed By Pece) And Permits 6. One (1) Service - Project Management Services 7. One (1) Service - Switch & Access Point Installation 8. One (1) Service - Network Configuration Services 9. One (1) Service - Training And Knowledge Transfer 10. One (1) Service - Scaling And Optimization (testing And Analysis By Fluke Systems) 11. One (1) Service - Temporary Facility (temfacil), Field Office 12. One (1) Service - Mobilization Cost 13. One (1) Service - Forwarding Cost 14. Two (2) Years - Warranty E.24 E-library Infrastructure 1. Twenty (20) Units – Desktop Computers A. Processor: Intel I5 Or Amd Ryzen 5 Processor (or Higher) B. Memory: 8 Gb Ddr4 Or Higher C. Form Factor: Tower D. Storage: At Least 500 Gb Ssd (or Higher) E. Graphics Processing Unit (gpu): 4g Gddr5 (or Higher) F. Display: At Least 23.8” Hd Led Display (or Higher) G. Peripherals: Power Cords, Keyboard & Optical Mouse H. Chassis: Usb Ports, Audio Port, Mic Port, Power Switch, Reset Switch I. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) J. Operating System (os): Windows 11 Or Higher K. Warranty: 1 Year Courier Or Carry-in L. Must Have 650va Ups 2. Twenty (20) Units – Desktop Computers Headphones A. Audio Specifications Must Have, Frequency Response: 20 Hz To 20,000 Hz (standard Range For Human Hearing), Impedance: 32 Ohms (standard For Most Headsets; Higher Impedance May Be Better For High-end Audio), Sensitivity: 90-120 Db (decibels) At 1 Mw For Sound Level, Driver Size: 30-50 Mm (larger Drivers Often Provide A Better Bass Response), Sound Output: Stereo Or 7.1 Surround Sound (for Gaming And Multimedia), Total Harmonic Distortion (thd): Less Than 1% (minimizes Audio Distortion), Noise-canceling: Active (anc) Or Passive, B. Microphone Specifications Must Have, Type: Omnidirectional Or Unidirectional, Frequency Response: 100 Hz To 10,000 Hz, Sensitivity: -38 Db ± 3 Db, Noise Cancellation: Active Or Passive Noise-canceling Microphone, Mute Function: Usually Included For Easy On/off Control, C. Connectivity Wired: 3.5 Mm Audio Jack, Usb (type-a Or Type-c) D. Controls Volume Control: On-ear Cup Or Inline Volume Adjustment, Playback Control: Some Models Allow Pause/play/skip For Media. 3. One (1) Lot - Roughing-ins Materials 4. One (1) Service - Project Management Services 5. One (1) Service - User's Training & Knowledge Transfer 6. One (1) Service - User Training 7. One (1) Service - Manpower Cost 8. One (1) Service - Mobilization Cost 9. One (1) Service- Forwarding Cost 10. One (1) - Temporary Facility (temfacil) 11. One (1) Service - Desktop Installation/software Setup And Configuration 12. One (1) Year - Support Warranty E.25 E-classroom, E-room Infrastructure And Smart Led Solar Powered Light 1. Twenty (20) Units - Smart Tv A. Screen Size: 65” B. Resolutions: 3840x2160, Picture Quality: 4, Brightness Detection C. Ultimate Dimming, Contrast Enhancer, Adaptive Sound D. Multi-device Experience, Hdmi At Least Two (2) Port, Bluetooth E. Usb At Least One (1) Port, Wireless Lan Built-in, F. Power-supply: Ac100-240v~ 50/60hz 2. Eight (8) Unit – Smart Led Solar Powered Light I. Independent Distributed Power Supply System Ii. Solar Powered W/ Smart Sensors Iii. High Quality Lithium Battery Iv. Input Voltage Ac 110~220v (+/-10%) V. Pole-mounted Installation Vi. Mounting: Ground Structured Support For Outdoor Smart Led Solar Powered Light 3. Eleven (11) Units - Interactive Smart Board A. Screen Size: 75” Or Higher I. Must Have Built-in System 1. Cpu Frequency 2.2 Ghz + 2.0 Ghz 2. Gpu Arm Mali-g52 Mp8 (8ee) 3. Operating System Android 11.0 4. Cpu Quad-core A73 + Quad-core A53 5. Ram 12 Gb (system: 8 Gb, Camera: 4 Gb) 6. Rom 64 Gb Ii. Must Support The Following Function 1. Operating System Of External Module Windows 7/8/10;android 2. Wifi Dual-band 2.4 G/5 G; Supports 802.11 A/b/g/n/ac Wireless Frequency Range 3. Wi-fi Hotspot Dual-band 2.4 G/5 G; Supports Enabling Hotspot And Wi-fi At The Same Time Iii. Lcd Panel Must Have The Following Features 1. Response Time 8ms 2. Panel Dimensions 75-inch To 98-inch 3. Backlight Dled 4. Aspect Ratio 16:9 5. Lifespan At Least 50,000 H 6. Refresh Rate 60 Hz 7. Static Contrast Va: 4000 (typ.); Ips: 1200 (typ.) Iv. Must Have The Camera Features 1. Pixel At Least 48 Mp 2. Auto Control, Auto Flip; Auto White Balance 3. Max. Resolution 3840 × 2160@30 Fps 4. Storage 8 Gb Emmc 5. Face Detection: Yes V. Must Have Device Ports 1. Light Sensor 1 2. Front Button 1 × Power Button (right Side) 3. Front Ports 1 × Usb 3.0 (left Side) 4. Network Port 1 × Rj-45 5. Wi-fi 1 × Wi-fi; 1 × Hotspot Vi. Must Support The Following Power Features 1. Power Requirements: 100v-240v, 50-60 Hz 2. Power Consumption (normal): ≤430w 3. Power Consumption (standby): ≤0.5w 4. Usb 3 × Usb 3.0; 1 × Micro Usb 5. Rs-232 1 × Rs-232 6. Video Input 1 × Hdmi In 7. Video Output 1 × Hdmi Out 8. Audio Output 1 × 3.5 Mm (line Out) Port 9. Irda 1 10. Microphone 8 Array 11. Type-c Port 1 × Type-c Vii. Must Have The Following Touchscreen Features 1. Touch Technology Type Infrared Touch Technology 2. Response Time < 10 Ms 3. Touch Points Supports 20 Touch Points And Drawing Up To 20 Lines 4. Valid Touch 2 Mm 5. Touch Accuracy ± 1 Mm 6. Writing Mode Finger + Pen (attaches Magnetically) 7. Touch Resolution 32767 × 32767 8. Number Of Multi-user Writing Points 10 Viii. Must Have The Following Speaker Features 1. Frequency 150 Hz–20 Khz 2. Power 15 W × 3 (max.) 3. Built-in Speaker 3 Ix. Must Have Fingerprint Features 1. Fingerprint Capacity 100 2. Fingerprint Resolution 160 × 160 3. Far 0.001% X. Microphone Must Have The Following Features 1. Pick-up Distance Far-field Sound Pickup: 6 M–8 M (19.69 Ft–26.25 Ft) 2. Number Of Microphones 8 3. Agc: Yes 4. Echo Cancellation: Yes 5. Polar Pattern: Omnidirectional 6. Intelligent Noise Filtering: Yes Xi. Must Have The Following Features 1. Power Supply 100–240 Vac, 50/60 Hz 2. Product Material Metal Casing 3. Protective Glass Anti-dazzle Tempered Glass With A Hardness Of 7 On The Mohs Scale 4. Installation - Wall Mount; Mobile Bracket 5. Standby Power Consumption ≤ 0.5 W 6. Energy Star (except 98-inch Model); Cb; Ce 4. Eleven (11) Units - Ups A. Must Have Capacity 1500va/900w B. Must Support Input Rated Voltage 220vac~240vac 110vac~120vac C. Must Support Voltage Range 140vac~290vac 81vac~145vac D. Must Have A Rated Frequency Range Of 50hz Or 60hz E. Must Have Output Voltage 220/230/240 Vac 110/120 Vac F. Must Have Ac Voltage Regulation (batt. Mode) ±10% G. Must Have Frequency Range (batt. Mode) 50hz Or60hz±1hz H. Must Transfer Time 2-6ms I. Must Support Battery Type & Number 12 V/9 Ah X 2 J. Must Charging Voltage 27.4v±1% K. Must Have Alarm: Battery Mode Sounding, Low Battery Sounding, Overload Sounding, And Fault Continuously Sounding L. Must Have Protection: Full Protection Overload, Discharge, And Overcharge Protection M. Must Operating Temperature 0°c ~ +40°c (+32°f ~ +104°f) 5. Biometric And Door Access With Connectivity (restricted Rooms And Offices Only) A. Eighty-six (86) Units - Fingerprint And Card Reader I. Must Have Rs-485 Protocol1 Ii. Must Support Mifare 13.56 Mhz Card Or Fingerprint Iii. Must Store Up To 3,000 Fingerprints Iv. Must Have Watchdog Function For Tamper Detection V. Must Have Audible And Visual Indicators Vi. Must Support Surface-mount Installation Vii. Must Support Unlock Mode Ic Card, Fingerprint, Combination Viii. Must Have Card Reader Format 13.56 Mhz Mifare Ix. Must Have Response Time 0.1s B. Eighty-six (86) Units - Access Controller I. Must Have Tcp/ip Communication. Ii. Must Support Communication Protocols Rs-485 And Wiegand. Iii. Must Support Storing 100,000 User And 500,000 Card-swiping Records. Iv. Must Support Multi-door Interlock, Multi-user Unlock, Aand Nti-passback. V. Must Support Remote Unlock. Vi. Must Support Reader Tamper Alarm, Intrusion Alarm, Unlocking Timeout Vii. Must Have An Alarm, Duress Alarm, Invalid Card Exceeding Threshold Alarm, And Incorrect Password Alarm. Viii. Must Support Built-in Rtc, Manual Time Fixing, And Automatic Time Fixing. Ix. Must Support Online Upgrades. X. Must Support A Watchdog Mechanism To Ensure The Operation Stability. C. Eighty-six (86) Units - Ups I. Must Have Capacity 1500va/900w Ii. Must Support Input Rated Voltage 220vac~240vac 110vac~120vac Iii. Must Support Voltage Range 140vac~290vac 81vac~145vac Iv. Must Have A Rated Frequency Range Of 50hz Or 60hz V. Must Have Output Voltage 220/230/240 Vac 110/120 Vac Vi. Must Have Ac Voltage Regulation (batt. Mode) ±10% Vii. Must Have Frequency Range (batt. Mode) 50hz Or60hz±1hz Viii. Must Transfer Time 2-6ms Ix. Must Support Battery Type & Number 12 V/9 Ah X 2 X. Must Charging Voltage 27.4v±1% Xi. Must Have Alarm: Battery Mode Sounding, Low Battery Sounding, Overload Sounding, And Fault Continuously Sounding Xii. Must Have Protection: Full Protection Overload, Discharge And Overcharge Protection Xiii. Must Operating Temperature 0°c ~ +40°c (+32°f ~ +104°f) D. Ninety-eight (98) Units - Electromagnetic Lock I. The Casing Must Made Of Aluminum Alloy Ii. Must Have The Following Functions: Signal Output Com/no/nc, Door Status Detection 1, Relay Iii. Must Have Tension Up To 280 Kg (617.29 Lb), Tensile Force Iv. Must Have Anti-corrosion Level Basic Protection E. Ninety-eight (98) Units - Bracket For Door I. Must Support Up To 280kg Magnetic Lock Ii. Must The Material: High Strength Aluminum Alloy Iii. Must Support Door Type: Wooden, Metal, Fire Door Iv. Must Support Open Way: 90°/180° F. Eight (8) Units - Card Enrollment Reader I. Must Be Equipped With The 32-bit High-speed Processor Ii. Must Have A Built-in Audible Beeper Iii. Must Support Read Format 13.56mhz 125khz Iv. Must Have Read Range 3cm-5cm (max.) V. Must Have Communication Interface Usb To Pc Vi. Must Have Power Supply 5v Dc/100ma Vii. Must Have Ce And Fcc Certificates G. Five Hundred (500) Pcs - Laminated Integrated Circuit (ic) Card I. Must Have Read/write Function Ii. Must Be Made Of Pvc Material Iii. Must Support Standard: Mifare S50, 13.56 Mhz Iv. Must Have Range: Approximately 10 Cm (3.94 In.) H. Accessories I. Eighty-six (86) Units - Infrared Exit Button 1. Must Have Plastic Or Stainless Steel Case 2. Must Support Working Temperature Is -30°c~+60°c Ii. Eighty-six (86) Units - Emergency Break Glass Button 1. Must Have Nc/no/com Ports 2. Must Support Working Temperature Is -20°c~+55°c I. One (1) Lot - Software Note: Stand-alone 1. Must Have Video Surveillance, Access Control, And Various Attendance Functions. 2. Must Built To Be Versatile, Provide Direct Access To The Web Client, And Feature P2p Linking, Real-time Monitoring, Video Playback, Event Center, Access Control And Attendance, 3. Must Have A Monitoring Screen That Can Be Viewed In Real-time On The Platform. Can Also View Snapshots Taken Of The Monitoring Screen, And Play Video Recordings. 4. Built To Work With Access Control Devices, It Can Be Used To Remotely Open And Close Doors, Access Videos From Cameras, And Remotely Configure Alarm Settings. 5. Works Together With Attendance Devices To Allow You To Manage Shifts, Handle Errors, Configure Settings For Business Trips And Leave Of Absence, And Generate Statistics On Attendance. 6. Access Control: Device Type Face Recognition Access Terminal (asi), Access Controller, (asc), Time & Attendance Terminal (asa), Number Of People 1000, Time Template 128, Time Period Up To 4, Holiday Plan Up To 16, Anti-passback Group Max. 2, First Card Unlock Record Max. 64, Multi Card Unlock Record Max. 64, Inter-door Lock Record Max. 64, Real-time Event Display Max. 100 J. One (1) Unit - Desktop Computer 1. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) 2. Memory: 16 Gb Ddr4 Or Higher 3. Form Factor: Tower 4. Storage: At Least 500 Gb Ssd (or Higher) 5. Graphics Processing Unit (gpu): 4g Gddr5 (or Higher) 6. Display: At Least 23.8” Hd Led Display (or Higher) 7. Peripherals: Power Cords, Keyboard & Optical Mouse 8. Chassis: Usb Ports, Audio Port, Mic Port, Power Switch, Reset Switch 9. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) 10. Operating System (os): Windows 11 Pro Or Higher 11. Warranty: 1 Year Courier Or Carry-in 12. Must Have 1*1500va Ups 6. Thirty (30) Units - Biometric For Employees With Connectivity For Time-in And Timeout A. Thirty (30) Units - Biometric - Time & Attendance I. Must Support Up To 1.500 Fingerprints, Up To 100.000 Record,s And Up To 2.000 Cards (optional). Ii. Must Support Multi-languages. Iii. Must Have Communication: Tcp/ip, Usb-host, Wi-fi (optional). Iv. Must Have High Verification Speed. V. Must Have Professional Firmware And Platform. B. One (1) Lot - Management Software Note: Included In Hris And Payroll Management System C. One (1) Unit - Desktop Computer I. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) Ii. Memory: 16 Gb Ddr4 Or Higher Iii. Form Factor: Tower Iv. Storage: At Least 500 Gb Ssd (or Higher) V. Graphics Processing Unit (gpu): 4g Gddr5 (or Higher) Vi. Display: At Least 23.8” Hd Led Display (or Higher) Vii. Peripherals: Power Cords, Keyboard & Optical Mouse Viii. Chassis: Usb Ports, Audio Port, Mic Port, Power Switch, Reset Switch Ix. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) X. Operating System (os): Windows 11 Or Higher Xi. Warranty: 1 Year Courier Or Carry-in Xii. Must Have 1*650va Ups 7. One (1) Site - Electrical Works Temporary Facility (temfacil) 8. One (1) Site - Structured Cabling (including External Cabling) / Roughing - In 9. One (1) Service - Smart Tv Installation 10. One (1) Service - Smartboard Installation, Setup, And Configuration 11. One (1) Site - Installation Components (biometric Installation, Setup, And Configuration) 12. One (1) Service - Project Management Services 13. One (1) Service - User's Training & Knowledge Transfer 14. One (1) Service - Manpower Cost 15. One (1) Service Mobilization Cost 16. One (1) Service - Forwarding Cost 17. One (1) Year - Extended Support Warranty E.26 Software And Network Laboratories 1. Twenty (20) Units - Desktop Computers A. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) B. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) C. Operating System (os): Windows 11 Or Higher D. Memory: 16 Gb (or Higher) E. Storage: 500 Gb Ssd (or Higher) F. Display: 14” Display G. Graphic Card: Integrated Graphics H. Camera: 1080p Fhd Ir/rgb Hybrid I. Wireless: Wi-fi 6e Ax211 2x2, Bluetooth 5.1 Or Above J. Ethernet Port Or Usb K. Power Cord: At Least 45w L. Warranty: 1 Year Courier Or Carry-in 2. Four (4) Units - Interactive Smart Tv ( 65") A. Screen Size: 65” B. Resolutions: 3840x2160 C. Picture Quality: 4 D. Brightness Detection E. Ultimate Dimming F. Contrast Enhancer G. Adaptive Sound H. Multi-device Experience I. Hdmi At Least Two (2) Port J. Usb At Least One (1) Port K. Wireless Lan Built-in L. Bluetooth M. Power-supply: Ac100-240v~ 50/60hz 3. One (1) Unit - Interactive Smart Board A. Screen Size: 75” Or Higher I. Must Have Built-in System 1. Cpu Frequency 2.2 Ghz + 2.0 Ghz 2. Gpu Arm Mali-g52 Mp8 (8ee) 3. Operating System Android 11.0 4. Cpu Quad-core A73 + Quad-core A53 5. Ram 12 Gb (system: 8 Gb, Camera: 4 Gb) 6. Rom 64 Gb Ii. Must Support The Following Function 1. Operating System Of External Module Windows 7/8/10;android 2. Wifi Dual-band 2.4 G/5 G; Supports 802.11 A/b/g/n/ac Wireless Frequency Range 3. Wi-fi Hotspot Dual-band 2.4 G/5 G; Supports Enabling Hotspot And Wi-fi At The Same Time Iii. Lcd Panels Must Have The Following Features 1. Response Time 8ms 2. Panel Dimensions 75-inch To 98-inch 3. Backlight Dled 4. Aspect Ratio 16:9 5. Lifespan At Least 50,000 H 6. Refresh Rate 60 Hz 7. Static Contrast Va: 4000 (typ.); Ips: 1200 (typ.) Iv. Must Have The Camera Features 1. Pixel At Least 48 Mp 2. Auto Control, Auto Flip; Auto White Balance 3. Max. Resolution 3840 × 2160@30 Fps 4. Storage 8 Gb Emmc 5. Face Detection: Yes V. Must Have Device Ports 1. Light Sensor 1 2. Front Button 1 × Power Button (right Side) 3. Front Ports 1 × Usb 3.0 (left Side) 4. Network Port 1 × Rj-45 5. Wi-fi 1 × Wi-fi; 1 × Hotspot Vi. Must Support The Following Power Features 1. Power Requirements: 100v-240v, 50-60 Hz 2. Power Consumption (normal): ≤430w 3. Power Consumption (standby): ≤0.5w 4. Usb 3 × Usb 3.0; 1 × Micro Usb 5. Rs-232 1 × Rs-232 6. Video Input 1 × Hdmi In 7. Video Output 1 × Hdmi Out 8. Audio Output 1 × 3.5 Mm (line Out) Port 9. Irda 1 10. Microphone 8 Array 11. Type-c Port 1 × Type-c Vii. Must Have The Following Touchscreen Features 1. Touch Technology Type Infrared Touch Technology 2. Response Time < 10 Ms 3. Touch Points Supports 20 Touch Points And Drawing Up To 20 Lines 4. Valid Touch 2 Mm 5. Touch Accuracy ± 1 Mm 6. Writing Mode Finger + Pen (attaches Magnetically) 7. Touch Resolution 32767 × 32767 8. Number Of Multi-user Writing Points 10 Viii. Must Have The Following Speaker Features 1. Frequency 150 Hz–20 Khz 2. Power 15 W × 3 (max.) 3. Built-in Speaker 3 Ix. Must Have Fingerprint Features 1. Fingerprint Capacity 100 2. Fingerprint Resolution 160 × 160 3. Far 0.001% X. Microphone Must Have The Following Features 1. Pick-up Distance Far-field Sound Pickup: 6 M–8 M (19.69 Ft–26.25 Ft) 2. Number Of Microphones 8 3. Agc: Yes 4. Echo Cancellation: Yes 5. Polar Pattern: Omnidirectional 6. Intelligent Noise Filtering: Yes Xi. Must Have The Following Features 1. Power Supply 100–240 Vac, 50/60 Hz 2. Product Material Metal Casing 3. Protective Glass Anti-dazzle Tempered Glass With A Hardness Of 7 On The Mohs Scale 4. Installation - Wall Mount; Mobile Bracket 5. Standby Power Consumption ≤ 0.5 W 6. Energy Star (except 98-inch Model); Cb; Ce B. Ops I5 8+256 Win 10 C. Screen Sharingdongle 4. One (1) Unit - 1500va/900w Line-interactive Ups 5. One (1) Lot - Roughing-ins Materials 6. One (1) Service - Project Management 7. One (1) Service - Temporary Facility (temfacil) For 30 Days 8. One (1) Service - Smart Board Installation, Set Up, And Configuration 9. One (1) Service - Training And Knowledge Transfer 10. One (1) Service - Smart Tv Installation 11. One (1) Service - Desktop Installation/software Setup And Configuration 12. One (1) Service - Manpower Cost 13. One (1) Service - Mobilization Cost, Demobilization 14. One (1) Service - Forwarding Cost 15. One (1) Service - Cabling Works 16. One (1) Lot - Structured Cabling (including External Cabling) 17. One (1) Year - Support Warranty E.27 Smart Function Hall 1. Smart Function Hall (audio System) A. Six (6) Units - Active Speakers I. Power: 1300w Peak, 650w Rms Ii. Lf Driver: 12" Ferrite Woofer Iii. Hf Driver: 1" Neodymium Tweeter Iv. Frequency Range: 50hz - 20khz V. Maximum Spl: 127db Vi. Mounting Options: Suspension Points, Pole Socket, Universal Yoke Mount B. One (1) Unit - Digital Mixer With Ipad Controller I. Channels: 32 Input, 40 Mix Channels Ii. Inputs: 8 X Xlr, 8 X Xlr-1/4" Combo, 1 X Dual Rca Stereo Iii. Outputs: 2 X Xlr, 1 X Xlr (mono Sum), 6 X Xlr (mix Out) Iv. Effects: Flex Fx Multi-effects Processor, 4 Effects Slots V. Control: Touch-sensitive Motorized Faders, Daw Control C. One (1) Set - Control Room Monitor Speakers I. Driver: 6.5" Composite Cone Lf, 1.25" Silk Tweeter Hf Ii. Power: 130w Rms Iii. Frequency Response: 42hz - 20khz Iv. Maximum Spl: 104db D. Two (2) Units - Wireless Microphones With Stands I. Frequency Response: 50hz - 20khz Ii. Operating Range: 300 Ft Line-of-sight Iii. Battery Life: Up To 14 Hours E. Four (4) Units - Wired Microphones With Stands I. Frequency Response: 50hz - 15khz Ii. Max Spl: 94db Spl F. One (1) Unit - Rack Mount Server I. Cpu: Intel I7 12th Gen Ii. Ram: 32gb Iii. Storage: 1tb Sata, 500gb Ssd Iv. Graphics Cards: 4 G. One (1) Unit - Ptz Camera Ai Auto Tracking I. Resolution: Uhd 4k, 1080p Signal Format Ii. Zoom: 30x Optical, 16x Digital Iii. Connectivity: Ethernet, Hdmi, 3g-sdi H. One (1) Unit - Ptz Camera Controller With Lcd Screen I. Control: Ndi, Ip, And Serial Control Ii. Protocols: Visca, Pelco-p & D Iii. Compatibility: Sony, Newtek Iv. Display: Lcd Screen For Real-time Status I. One (1) Lot - Cabling And Installation Smart Function Hall 2. Smart Function Hall (indoor Video Wall) A. One (1) Lot - Led Panel I. Must Have 4.2x2.025m P0.9375 Indoor Led Screen Ii. Led Lamp Parameter: Color Configuration: Rgb 3in1, Color: Red, Green, Blue, Luminance: 990-1210 Mcd, 1980-2420 Mcd, 495-605 Mcd, Viewing Angle: 160º/160º, Wavelength: 625-630 Nm, 520-525 Nm, 465-470 Nm Iii. Must Have Led Module Parameter: Pixel Pitch(mm) 0.9375, Iv. Pixel Configuration Cob, Module Size(mm) W 300 H 168.75, Module Resolution(dots) W 320 H 180, Drive Ic Icn1069 V. Must Have Led Cabinet Parameter: Cabinet Size (mm) W 600 H 337.5, Cabinet Resolution (dots) W 640 H 360, Cabinet Pixels (dots) 230400, Cabinet Material Die Casting Aluminum, Cabinet Weight (kg) 4.8 Vi. Must Have Led Screen Parameter: Screen Size(m)w 4.2 W 2.025 H, Screen Resolution(dots)w 4480 W 2160 H, Cabinet Quantity(pc)w 7 W 6 H, Pixel Density(pixel/m2) 1137778, Brightness(cd/m2) 600, Brightness Adjusted 256 Grade By Software Or By Auto-optic Induced, Driving Method 1/46 Scan Display Color 439, 804, 651, 110, Viewing Distance (m) ≥0.9375m, View Angle Horizontal 160°; Vertical 160° Color Contrast Ratio 5000:1, Gray Grade 16bit, Refresh Frequency (hz) 3840, Protective Grade Ip43, Working Temperature(ºc) -30～+70, Stored Temperature (ºc) -40～+80, Operation Humidity(rh) 0-95%, Lifetime 100,000 Hrs Maintenance Front Side Working Voltage Ac110 / Ac220v±10% 47～63hz, Power Consumption Max: 800w/㎡ ; Ave:310w/㎡" B. One (1) Lot - Controller I. Must Have Three Kinds Of Led 4k Sending Cards: (1) − H_20xrj45 Sending Card Loads Up To 13,000,000 Pixels, (2) − H_16xrj45+2xfiber Sending Card Loads Up To 10,400,000 Pixels And Provides Two Opt Ports That Copy The Outputs On Ethernet Ports, (3) − H_4xfiber Sending Card Loads Up To 20,800,000 Pixels And Supports Three Working Modes, Including Independent, Copy And Backup. The Three Cards Mentioned Above Cannot Be Used Together To Load The Same Screen. Ii. Must Have Multi-capacity Configuration On A Single Card Slot: − 4x 2k×1k@60hz, − 2x 4k×1k@60hz, − 1x 4k×2k@60hz Iii. Must Have A Simple Screen Configuration Using A Single Card And Connector Iv. Must Have Online Status Monitoring Of All Input And Output Cards V. Must Have Hot-swappable Input And Output Cards Vi. Must Have An H_2xrj45 Ip Input Card That Supports Up To 512 Ip Camera Inputs And Input Mosaic. Vii. Must Have Auto Decryption Of Hdcp-encrypted Sources Viii. Must Have Decimal Frame Rates Supported Ix. Must Have Hdr10 And Hlg Processing X. Each Screen Can Have Its Own Output Resolution. Xi. Must-have Output Mosaic: Adopts The Frame Synchronization Technology, Which Ensures All The Output Connectors Output The Image Synchronously, And The Image Is Complete And Played Smoothly, Without Any Stuck, Frame Loss, Tearing, Or Piercing. Xii. Must Support Irregular Screen Configuration: Supports Irregular Rectangle Mosaic Without Any Limitations. Xiii. Must Have Input Source Grouping Management Xiv. Must Have Eye-saver Mode: Display The Image In A Warmer But Less Bright Way To Relieve Eye Strain. Xv. Lcd Bezel Compensation Xvi. Must Have Multi-layer Display: A Single Card Supports 16x 2k Layers, 8x Dl, Layers, Or 4x 4k Layers. All Layers Support Cross-connector Output And The Layer Quantity Is Not Reduced For Cross-connector Output. Xvii. Must Have High-definition Scrolling Text, Customize The Scrolling Text Content, Such As Slogans Or Notification Messages, And Set The Text Style, Scrolling Direction, And Speed. Xviii. Must Support Up To 2,000 Presets: Fade Effect And Seamless Switching Supported, Less Than 60ms Preset Switching Duration Xix. Must Have Scheduled Playback Of Preset Playlist, Set Whether To Add The Presets To Playlist, Which Is Ideal For Monitoring, Exhibitions, Presentations, And Other Applications. Xx. Must Have Osd Settings On A Single Screen And Adjustable, Osd Transparency Xxi. Must Have Bkg Settings, Bkg Images Do Not Occupy The Layer Resources. The Max Width And Height Of A Bkg Image Are Up To 15k And 8k Respectively. Xxii. Must Have Channel Logo Management: Set A Text Or Image Logo For Identifying The Input Source. Xxiii. Must Have Input Source Cropping And Renaming After Cropping, Crop Any Input Source Image And Form A New Input Source After Cropping. Xxiv. Must Have Hdr And 10-bit Video Processing, Allowing For A More Exquisite And Clear Image. Xxv. Must Have Color Adjustment: Output Connector Color And Screen Color Adjustable, Including Brightness, Contrast, Saturation, Hue, And Gamma. Xxvi. Must Have Xr Scenario Control Xxvii. Must Have Low Latency: Reduce The Latency From The Input Source To The Receiving Card To As Low As 1 Frame. Xxviii. Must Have Web Control: Real-time Response And 1000m/100m Self-adaptive Network Control, Allowing For Multi-user Collaboration. Xxix. Must Have Monitoring Of Inputs And Outputs On A Web Page Xxx. Must Support Firmware Updates On A Web Page Xxxi. Must Have Ark Visualized Management And Control Platform App Control On Pad Device. Xxxii. Must Have Self-test For Fault Detection Xxxiii. Must Have Auto-monitoring And Alarms: Supports Hardware Monitoring, Such As Fan Rotation Speed, Module Temperature And Voltage, And Running Status, And Sends Fault Alarms If Necessary. Xxxiv. Must Support An Optional Power Supply For Higher System Reliability. Xxxv. Must Have Backup Design − Backup Between Devices − Backup Between Led 4k Sending Cards. C. Accessories I. One (1) Unit - Vacuum Suction Ii. One (1) Unit - Structure/bracket 4.2x2.025m Iii. Nine (9) Units - Hdmi Cable 8k 10 Meters Iv. Six (6) Units - 1500va/900w Line Interactive Ups D. Three (3) Units - Desktop Computer I. Processor: Intel I5 Or Amd Ryzen5 Processor (or Higher) Ii. Microsoft Office: Microsoft Office Home And Student 2021 Or Microsoft Office 365 (1-year) Iii. Operating System (os): Windows 11 Pro Or Higher Iv. Memory: 16 Gb (or Higher) V. Storage: 500 Gb Ssd (or Higher) Vi. Display: 14” Display Vii. Graphic Card: Integrated Graphics Viii. Camera: 1080p Fhd Ir/rgb Hybrid Ix. Wireless: Wi-fi 6e Ax211 2x2, Bluetooth 5.1 Or Above X. Ethernet Port Or Usb Xi. Power Cord: At Least 45w Xii. Warranty: 1 Year Courier Or Carry-in 3. One (1) Service - Project Management Services 4. One (1) Service - User Acceptance Testing (uat) 5. One (1) Service - User Training And Knowledge Transfer 6. One (1) Service - Manpower Cost 7. One (1) Service - Mobilization Cost 8. One (1) Service - Forwarding Cost 9. One (1) Year- Support Warranty E.28 Econference Room With Video Conferencing 1. Six (6) Units - Interactive Smart Board A. Screen Size: 75” Or Higher I. Must Have Built-in System 1. Cpu Frequency 2.2 Ghz + 2.0 Ghz 2. Gpu Arm Mali-g52 Mp8 (8ee) 3. Operating System Android 11.0 4. Cpu Quad-core A73 + Quad-core A53 5. Ram 12 Gb (system: 8 Gb, Camera: 4 Gb) 6. Rom 64 Gb Ii. Must Support The Following Function 1. Operating System Of External Module Windows 7/8/10; Android 2. Wifi Dual-band 2.4 G/5 G; Supports 802.11 A/b/g/n/ac Wireless Frequency Range 3. Wi-fi Hotspot Dual-band 2.4 G/5 G; Supports Enabling Hotspot And Wi-fi At The Same Time Iii. Lcd Panels Must Have The Following Features 1. Response Time 8ms 2. Panel Dimensions 75-inch To 98-inch 3. Backlight Dled 4. Aspect Ratio 16:9 5. Lifespan At Least 50,000 H 6. Refresh Rate 60 Hz 7. Static Contrast Va: 4000 (typ.); Ips: 1200 (typ.) Iv. Must Have The Camera Features 1. Pixel At Least 48 Mp 2. Auto Control, Auto Flip; Auto White Balance 3. Max. Resolution 3840 × 2160@30 Fps 4. Storage 8 Gb Emmc 5. Face Detection: Yes V. Must Have Device Ports 1. Light Sensor 1 2. Front Button 1 × Power Button (right Side) 3. Front Ports 1 × Usb 3.0 (left Side) 4. Network Port 1 × Rj-45 5. Wi-fi 1 × Wi-fi; 1 × Hotspot Vi. Must Support The Following Power Features 1. Power Requirements: 100v-240v, 50-60 Hz 2. Power Consumption (normal): ≤430w 3. Power Consumption (standby): ≤0.5w 4. Usb 3 × Usb 3.0; 1 × Micro Usb 5. Rs-232 1 × Rs-232 6. Video Input 1 × Hdmi In 7. Video Output 1 × Hdmi Out 8. Audio Output 1 × 3.5 Mm (line Out) Port 9. Irda 1 10. Microphone 8 Array 11. Type-c Port 1 × Type-c Vii. Must Have The Following Touchscreen Features 1. Touch Technology Type Infrared Touch Technology 2. Response Time < 10 Ms 3. Touch Points Supports 20 Touch Points And Drawing Up To 20 Lines 4. Valid Touch 2 Mm 5. Touch Accuracy ± 1 Mm 6. Writing Mode Finger + Pen (attaches Magnetically) 7. Touch Resolution 32767 × 32767 8. Number Of Multi-user Writing Points 10 Viii. Must Have The Following Speaker Features 1. Frequency 150 Hz–20 Khz 2. Power 15 W × 3 (max.) 3. Built-in Speaker 3 Ix. Must Have Fingerprint Features 1. Fingerprint Capacity 100 2. Fingerprint Resolution 160 × 160 3. Far 0.001% X. Microphone Must Have The Following Features 1. Pick-up Distance Far-field Sound Pickup: 6 M–8 M (19.69 Ft–26.25 Ft) 2. Number Of Microphones 8 3. Agc: Yes 4. Echo Cancellation: Yes 5. Polar Pattern: Omnidirectional 6. Intelligent Noise Filtering: Yes Xi. Must Have The Following Features 1. Power Supply 100–240 Vac, 50/60 Hz 2. Product Material Metal Casing 3. Protective Glass Anti-dazzle Tempered Glass With A Hardness Of 7 On The Mohs Scale 4. Installation - Wall Mount; Mobile Bracket 5. Standby Power Consumption ≤ 0.5 W 6. Energy Star (except 98-inch Model); Cb; Ce B. Ops I5 8+256 Win 10 C. Screen Sharingdongle’ D. Must Have 6*1500va/900w Line-interactive Ups 2. Four (4) Lots - Microphones, Speakers And Accessories A. Four (4) Units - Full Digital Conference System Controller I. Microphone Capacity: Wired Microphone≤4096: Wireless Microphone≤300 Ii. Simultaneous Interpretation Channel: 63+1 Channels Iii. Frequency Response: 80~16khz Iv. Main Power: 100-120vac / 200-240vac By Switch V. Audio Input: Linein1: 775mvrms Balanced; 2 Output Phoenix Terminals: 775mvrms Balanced; Linein2: 775mvrms Unbalanced Vi. Audio Output: Lineout1: 1vrms Balanced; 16 Multi-function Output Phoenix Terminals: 1vrms Balanced; Lineout2: 1vrms Unbalanced Vii. Output Load >1kω Viii. Extension Port 1 For Connecting Conference System Extension Equipment Ix. Pc Network Port: 1 For Connect To The Computer X. Delegates Output Interface: 4 For Connecting Conference Speaking Units Xi. Rs-232 Interface: 2 Channels, 1 Channel For Camera Tracking, 1 Channel For Docking External Equipment Xii. Rs-485 Interface: 1 For Camera Tracking Xiii. Wired Microphone Connection Method Special Cable (6 Pins) Xiv. Rack Mountable B. Four (4) Units - Audio Processor, Afc Feedback Suppression Function I. The Panel Is Designed With Afc Touch Keys And Working Indicators. Ii. Equipped With 2 Network Ports For Connecting Wireless Ap And Communicating With The Conference Server; Connect To The Digital Conference Server Through Network Protocol To Realize Audio Data Transmission. Iii. With Automated Functions, Including Gain Sharing Type Auto-mixing And Gate Type Auto-mixing. Iv. Support Afc Feedback Suppression Function, Adopt Dual Notch + Frequency Shift Method, Automatically Grab The Howling Point, And Set The Notch Frequency, The Notch Filter Supports 12 Fixed Points + 12 Dynamic Points To Effectively Eliminate The Howling Function. V. With Automatic Gain Function, It Can Effectively Keep The Microphone Volume Within A Certain Dynamic Range. Vi. With The Microphone Voice Activation Function, Set The Tracking Threshold, And The Camera Tracking Function Can Be Realized When The Microphone Speech Reaches The Threshold. Vii. Working With The Digital Conference Server, With The Auto-mixing Function, It Can Support Up To 16 Wired Microphones And 8 Wireless Microphones At The Same Time. Viii. With 1 Xlr Balanced Output And 1 Rca Unbalanced Output. Ix. With 1 Extension Interface, Used To Connect The Extension Port Of The Digital Conference Server. X. With 1rs-232 Communication Interface (camera Tracking), Connected To The Central Controller Or The Camera Tracking Controller To Realize The Speech Camera Tracking Function. Xi. With 1 Rs-485 Communication Interface, Used To Connect Cameras To Achieve Camera Tracking. Xii. With 1 Rs-232 Communication Interface (speech Transcription), Used To Connect A Speech Transcription Server To Realize The Function Of Speech Transcription. Xiii. Simultaneous Turned-on Microphone: 16 Wired Mics + 8 Wireless Mics Xiv. Main Power Supply: 100-240ac/50-60hz Xv. Audio Output: Line Out 1: 1v Xlr Balanced Output ; Line Out 2: 1v Rca Unbalanced Output Xvi. Output Load: >1kω Xvii. Connection Method: Rj45 Network Port Xviii. Rack Mountable C. Four (4) Units - 5g Wifi Full Digital Conference - Chairman Unit I. Adopt A 48khz Sampling Rate, Clear And Bright Sound. Ii. Using Advanced Processing Chip Architecture And A Unique Processing Algorithm, The Microphone Power-on Connection Time Only Takes 5 Seconds. Iii. Support Intelligent Detection Of Faults, Prompting Users Of Ap Faults, Host Communication Faults, And Low Signal Strength. Iv. Support Charging Through Type-c Port, Support 18w Fast Charging, With Smart Indicator Status. V. Support Setting Ssid Function Through Ui. Vi. Support Multi-language Switching, And Uniformly Set Through Pc Software. Vii. The Chairman Unit Has A Speech Timing Function. When The Timing Speech Function Is Turned On, The Chairman Unit Is Not Restricted. Viii. With A Voice Control Function, The Microphone Can Be Turned On Intelligently. Support Adjusting The Sensitivity Of The Voice Control And Setting The Closing Time Through The Software. Ix. Support Sign-in Function, Set And Initiate Through Pc Software. X. Support Conference Voting Function, Five-key Voting, Three-key Voting Function, Flexible And Convenient. Xi. Adopt 128-bit Aes Encryption Technology, Support Wpa/wpa2 Wireless Security Technology, Prevent Eavesdropping And Unauthorized Access, And Provide Higher Confidentiality Of The Conference System. Xii. Using Wireless Transmission Technology, It Only Takes Very Little Time For The Venue Layout To Carry Out Activities. Xiii. The Chairman Has A Priority Function To Turn Off All Speaking Delegate Microphones. Xiv. Equipped With A 3.5mm Headphone Jack For Connecting An External Microphone. Xv. Built-in Lithium Battery, The Battery Capacity Supports 14 Hours Of Continuous Speech. D. Sixty-eight (68) Units - 5g Wifi Full Digital Conference - Delegate Unit I. Adopt A 48khz Sampling Rate, Clear And Bright Sound. Ii. Using Advanced Processing Chip Architecture And A Unique Processing Algorithm, The Microphone Power-on Connection Time Only Takes 5 Seconds. Iii. Support Intelligent Detection Of Faults, Prompting Users Of Ap Faults, Host Communication Faults, And Low Signal Strength. Iv. Support Charging Through Type-c Port, Support 18w Fast Charging, With Smart Indicator Status. V. Support Setting Ssid Function Through Ui. Vi. Support Multi-language Switching, And Uniformly Set Through Pc Software. Vii. Support Speech Timing And Timing Speech Functions, And The Delegate Unit Has The Function Of Applying For Speech. Viii. With A Voice Control Function, The Microphone Can Be Turned On Intelligently. Ix. Support Adjusting The Sensitivity Of The Voice Control And Setting The Closing Time Through The Software. X. Support Sign-in Function, Set And Initiate Through Pc Software. Xi. Support Conference Voting Function, Five-key Voting, Three-key Voting Function, Flexible And Convenient. Xii. Adopt 128-bit Aes Encryption Technology, Support Wpa/wpa2 Wireless Security Technology, Prevent Eavesdropping And Unauthorized Access, And Provide Higher Confidentiality Of The Conference System. Xiii. Using Wireless Transmission Technology, It Only Takes Very Little Time For The Venue Layout To Carry Out Activities. Xiv. The Delegate Unit Can Apply To Speak With The Approval Of The Chairman. Xv. Equipped With A 3.5mm Headphone Jack For Connecting An External Microphone. Xvi. Built-in Lithium Battery, The Battery Capacity Supports 14 Hours Of Continuous Speech. E. Seven (7) Units - Power Charger, With 10 Usb Charger Interfaces Support 18w Charge I. All Usb Ports Of The Charger Can Be Used Simultaneously For Batch Charging Of Devices. Ii. Use A Usb Cable, Connect One End To The Charger And The Other End To The Conference Unit; Support 18w Fast Charging. Iii. With Auto Circuit Protection, All Usb Ports Support Short-circuit Protection And Self-recovery Functions F. Four (4) Units - Ap Transmitter I. Comply With The Wi-fi 6 Protocol Standard (ieee 802.11ax), Backward Compatibility With 802.11a/b/g/n/ac/wave2, Support Mu-mimo, And Allow The Ap To Receive Data From Multiple Terminals At The Same Time. The Maximum Transmission Rate Of The Whole Machine Can Reach 1.601gbps, Effectively Providing Higher-performance Wireless Access Services In Terms Of Coverage, Access Density, And Traffic Throughput. Ii. Support Ofdma Spatial Multiplexing Technology And 1024 Qam Modulation And Demodulation Algorithm, Which Can Provide Faster Wireless Internet Access And Larger Wireless Coverage. Iii. Through The Virtual Wireless Access Point (virtual Ap) Technology, Up To 32 Essids Can Be Provided. Iv. Layer 2 Isolation Can Be Performed On The Subnets Using The Same Ssid Or Under The Same Vlan To Ensure User Data Security. V. Support Wpa3 Security Protocol. Vi. Support 80/160mhz High Bandwidth Frequency Band. Vii. Support Local Power Supply And Poe Remote Power Supply. Viii. It Is Suitable For Ceiling Mounting, Wall Mounting, And Desktop Installation. G. Eight (8) Units - Speaker I. Adopt 1 Mid-woofer And 2 Cone Tweeters. Ii. 12mm Plywood Housing, Lightweight, Wear-resistant Spray Paint Treatment, And Dust-proof Net Cotton Outside. Iii. The Frequency Divider In Precise Design Optimizes The Vocal Mf Performance H. Four (4) Units - Amplifier I. 1u Cabinet Design, Small In Size And Light In Weight. Ii. Adopt The Latest Class D Digital Amplifier Design, With Low Distortion And High Efficiency. Iii. Adopt Switched Power Supply Technology, With High Efficiency. Iv. Adopt A Smart Peak Clipper To Control The Power Module And Speaker System To Work In A Safe Range. V. Designed With Standard Xlr Input Interface And Link Output Interface. Vi. Support Soft Start To Prevent Absorbing Large Currents From The Power Grid During Startup And Interfering With Other Electrical Equipment. Vii. Smart Control Forced Heat Dissipation Design, Low Fan Noise, And High Heat Dissipation Efficiency. Viii. Support Overvoltage Protection, Undervoltage Protection, Overcurrent Protection, Dc Protection, Output Short Circuit Protection, Temperature Control, Fan, And So On. I. Eight (8) Units - Professional Loudspeaker Wall - Mounted Bracket I. Fixed Panel Size: 34×34mm (length×width) Ii. Cabinet Fixed Panel Size: 110mm Iii. Weight: 0.31kg 3. One (1) Lot - Roughing-ins Materials 4. Six (6) Lots - Cabling Works 5. Six (6) Lots - Structured Cabling (including External Cabling) 6. Three (3) Licenses - Video Conferencing System 7. One (1) Service - Project Management Services 8. One (1) Service - User Acceptance Testing (uat) 9. One (1) Service - User's Training & Knowledge Transfer 10. One (1) Service - Manpower Cost 11. One (1) Service - Mobilization Cost 12. One (1) Service - Forwarding Cost 13. One (1) Year - Warranty Iv. Mandatory Technical Requirements/qualifications A. Statement Of Accumulated Similar Completed Government And Private Contracts Within The Last Five (5) Years With A Total Contract Amount Of At Least Php 500,000,000.00 Or 50% Of The Abc. A. Contract Definition Must Be Supported By The Following Documents: I. Copy Of Contract Or Po; Ii. Certificate Of Completion And Acceptance B. The Software Provider (sp) Should Be In The Business Of Software Development For At Least Five (5) Years With At Least Five (5) Completed And Accepted Combined Network And Software Projects. C. The Sp Shall Have At Least One (1) Software Accredited By The Bureau Of Internal Revenue (bir) Either An Inventory System Or Pos System Or Accounting System. D. The Sp Should Have Delivered At Least (2) Government Projects Within The Past 3 Years. E. The Sp’s Technical Director(s) Such As Senior Project Manager, Senior System Project Manager, Senior Network Project Manager, Senior Infrastructure Project Manager Must Have A Project Management Experience Of At Least Five (5) Years. Attach Curriculum Vitae, Diploma, Any Government Id With Signature, Relevant Certification/s And Relevant Training/s, Seminar. F. The Sp Shall Be A Partner/distributor Of The Oem Of The Devices Which Has Been In The Market For At Least 3 Years. G. The Sp’s Program Director Must Have A Project Management Experience Of At Least Five (5) Years, With Itil Service Management Certification Or Training And Fifteen (15) Years Of Experience In Software Architecture - Development, Service Delivery Management, State-of-the-art Network Infrastructure, And Delivered Project(s) In At Least One Of The 500 Fortune Companies Or At Least One Of The Telecommunication Companies In The Philippines. Attach Curriculum Vitae, Diploma, Any Government Id With Signature, Relevant Certification/s And Relevant Training/s, Seminar. H. The Sp’s Software Architect Must Have A Devops Foundation Certification Of At Least Five (5) Years Of Experience. Attach Curriculum Vitae, Diploma, Any Government Id With Signature, Relevant Certification/s And Relevant Training/s, Seminar. I. The Sp’s Security Lead Must Be A Certified Information Systems Security Professional (isc)2 For At Least Ten (10) Years Of Experience And Certified Ethical Hacker (ceh) For At Least Ten (10) Years Of Experience. Attach Curriculum Vitae, Diploma, Any Government Id With Signature, Relevant Certification/s And Relevant Training/s, Seminar. J. The Delivery Period Of The Project Is Two Hundred Eighty (280) Days. V. Progress Billing The Project Milestones Are Identified And Aimed At Improving The Hard, Soft, And Infrastructure Of The Basc Organization Leading To The Following Output And Outcome: 15% : Upon Submission Of Signed Contract 25% : Submission And Acceptance Of Detailed Work Plan And Systems Design 29. University Information System 30. Learning Management System 31. Cashiering System 32. Human Resource Management System & Time Keeping System 33. Payroll Management System 34. Assets & Fleet Management System 35. Document Management System 36. Trouble Ticketing System 37. Queuing / Appointment System 38. Executive Information System 39. Campus Portal System 40. University Library System 41. Econference Room W/ Video Conferencing 42. Internet Connectivity 43. Campus Network System 44. Fiber Optics Works 45. Structured Cabling Works 46. It Security Operations Center & Network Operations Center 47. Campus Data Center Upgrade 48. Data Center Network Switches 49. Data Center Compute System & Data Center Block And File Storage System 50. Data Center Backup And Recovery System 51. Cloud Infrastructure 52. Ip-pabx System 53. Software & Networking Laboratories 54. E-classroom, E-room Infrastructure And Smart Led Solar Powered Light 55. E-library Infrastructure 56. Smart Function Hall 26.43% 1st Batch Hardware Completion Of Equipment Deliverables For The Following Components At Basc Facility 17. It Security Operations Center & Network Operations Center 18. Campus Data Center Upgrade 19. Data Center Network Switches 20. Data Center Compute System & Data Center Block And File Storage System 21. Data Center Backup And Recovery System 22. Ip-pabx System 23. Software & Networking Laboratories 24. E-classroom, E-room Infrastructure And Smart Led Solar Powered Light 25. E-library Infrastructure 26. Smart Function Hall 27. Campus Network System 28. Fiber Optics Works 29. Structured Cabling Works 30. Human Resource Management System & Time Keeping System 31. Document Management System 32. Queuing / Appointment System 1st Batch User Acceptance Testing (uat) Completion For The Following System Components At Basc Facility 8. Human Resource Management System & Time Keeping System 9. Payroll Management System 10. Assets & Fleet Management System 11. Document Management System 12. Trouble Ticketing System 13. Queuing / Appointment System 14. Campus Portal System 23.57% 2nd Batch Hardware Completion Of Equipment Deliverables For The Following Components At Basc Facility 4. Internet Connectivity 5. University Library System 6. Econference Room W/ Video Conferencing 2nd Batch User Acceptance Testing (uat) Completion For The Following System Components At Basc Facility 6. Cloud Infrastructure 7. University Information System 8. Learning Management System 9. Executive Information System 10. University Library System Hardware Installation, Configuration And Integration 8. Campus Network System 9. Structured Cabling Works 10. It Security Operations Center & Network Operations Center 11. Data Center Network Switches 12. Data Center Backup And Recovery System 13. Ip-pabx System 14. E-library Infrastructure Acceptance Of Volume Testing 14. University Information System 15. Learning Management System 16. Cashiering System 17. Human Resource Management System & Time Keeping System 18. Payroll Management System 19. Assets & Fleet Management System 20. Document Management System 21. Trouble Ticketing System 22. Queuing / Appointment System 23. Executive Information System 24. Campus Portal System 25. University Library System 26. Econference Room W/ Video Conferencing : Completion Of Training 19. University Information System 20. Learning Management System 21. Cashiering System 22. Human Resource Management System & Time Keeping System 23. Payroll Management System 24. Assets & Fleet Management System 25. Document Management System 26. Trouble Ticketing System 27. Queuing / Appointment System 28. Executive Information System 29. Campus Portal System 30. University Library System 31. Econference Room W/ Video Conferencing 32. Campus Network System 33. It Security Operations Center & Network Operations Center 34. Campus Data Center Upgrade 35. Data Center Backup And Recovery System 36. Smart Function Hall 10% : Project Acceptance And Turnover 29. University Information System 30. Learning Management System 31. Cashiering System 32. Human Resource Management System & Time Keeping System 33. Payroll Management System 34. Assets & Fleet Management System 35. Document Management System 36. Trouble Ticketing System 37. Queuing / Appointment System 38. Executive Information System 39. Campus Portal System 40. University Library System 41. Econference Room W/ Video Conferencing 42. Internet Connectivity 43. Campus Network System 44. Fiber Optics Works 45. Structured Cabling Works 46. It Security Operations Center & Network Operations Center 47. Campus Data Center Upgrade 48. Data Center Network Switches 49. Data Center Compute System & Data Center Block And File Storage System 50. Data Center Backup And Recovery System 51. Cloud Infrastructure 52. Ip-pabx System 53. Software & Networking Laboratories 54. E-classroom And E-room Infrastructure And Smart Led Solar Powered Light 55. E-library Infrastructure 56. Smart Function Hall Vi. Warranties And Guarantees A. Software – At Least 1-year License Coverage, Starts Upon The First Day Of Acceptance. B. Network And Hardware Support – At Least 1-year Warranty In Parts And Labor Upon Acceptance, Onsite 24x7x365. C. Db Services – At Least 1-year License Coverage, Starts Upon Delivery And Installation. D. Implementation Services – At Least 1 Year Of License Coverage With 1,000 Users. E. Technical Support – Local 24x7x365 Online/onsite Support For At Least 1 Year. F. Onsite Support – Within 8 Hours From Receipt Of The Notice, Spare Parts Ready If Necessary. G. Supply Of Spare Parts – Availability Of Parts Shall Be Within 72 Hours. H. Provision Of Service Units If The Repair Will Exceed 3 Days. I. Sp Shall Provide A Testing Facility For Functionality Demonstration. Vii. Training The Project Supports The Capacity Building For Top-level Managers, Trainers, Developers, Network/systems/database/security Administrators, Hardware Maintenance And Troubleshooting. Training For A Minimum Of 10 Persons Per Component/system For The Following Categories: A. 3 -top-level Management – Designed For The Basc Executives B. 10 - Trainers – Specifically For The Trainers Of The Basc To Ensure Continuous Training To End-users. C. 10 - Network/systems/database/security Administrators - Training Designed For Administrators To Ensure 24x7x365 Monitoring Of The Services As Well As Prompt Response As Needed. D. 10 - End-user Training Is Designed For The Users Of The System And/or Encoders. Viii. Manpower The Proposed Project Team Shall Be Composed Of Experts And Specialists As Indicated In The Table Below. The Roster Shall Include A Minimum Of 19 Distinct Physical Persons. There Shall Be No Overlapping Of Functions. In This Respect, The Persons’ Names And Functions Shall Be Explicitly Specified. However, The Sp Has The Option To Add More Personnel Depending On His Work Strategy. The Curriculum Vitae Shall Be Signed By The Person. They Will Closely Collaborate And Coordinate With The Project Management Team Of The Basc. Personnel Role / Qualification Min. No. Program Director Point Person For Issues And Concerns About The Contract And Deliverables. With Project Management Experience Of At Least Ten (10) Years, Cs/it/engineering Degree Or Equivalent. 1 Senior Project Manager With Project Management Experience Spanning Seven (7) Years And A Leadership Role, Also Have Experience Managing Teams Of Project Managers And Business Analysts. With Servicenow Certification For Certified System Administrator. 1 Senior System Project Manager With Project Management Experience Spanning Five (5) Years And A Leadership Role, Also Have Experience Managing Teams Of Project Managers And Developers. With A Itil Service Management Certification, Cs/it/engineering Degree Or Equivalent. 1 Senior Network Project Manager With At Least Seven (7) Years Of Experience In Planning, Implementing, And Maintaining It Networks. With A Network Cable Installer Certification And A Jablotron 100+ Alarm System Training Course Certification. With A Cs/it/engineering Degree Or Equivalent. 1 Senior Infrastructure Project Manager With At Least Seven (7) Years Of Experience In Taking Charge Of The Planning, Implementation, And Maintenance Of Infrastructure And Service Delivery Management. With A Microsoft Certified Professional Certification With A Cs/it/engineering Degree Or Equivalent. 1 Senior Project Manager For Peripherals With At Least Seven (7) Years Of Experience In Project Management With A Focus On It Networks, Infrastructure, And Peripherals (biometrics, Cctv, And Alarm Systems). With A Fiber Optic Preparation & Splicing And Jablotron 100+ Alarm System Training Course Certification With A Cs/it/engineering Degree Or Equivalent. 1 Business Analyst Person In Charge Of The Business And System Specifications With Experience In Systems Analysis And Design. With A Cs/it/engineering Degree Or Equivalent. 4 Enterprise/ Software Architect Person In Charge Of System Architecture And Structural Design With At Least Ten (10) Years Of Experience In Software Architecture And Development. Microsoft Office Sharepoint Server 2007, Application Development Certification Of At Least Three (3) Years Or Openspan Certified Developer Certification Of At Least Ten (10) Years. With A Cs/it/engineering Degree Or Equivalent. 2 Systems Analyst/ Developers Person In Charge Of The System Specifications With At Least Three (3) Years Of Experience In Systems Analysis And Design. Basic React Programming Certification Or With A Cs/it/engineering Degree Or Equivalent. 9 Senior Database Administrator Person In Charge Of Installing, Administering, Maintaining, And Performance Tuning Databases With At Least Seven (7) Years Of Experience In Rdbms. With A Cs/it/engineering Degree Or Equivalent. 2 Senior Security Analyst Person In Charge Of Securing And Administering Smart Campus Security System With At Least Seven (7) Years Of Experience In It Security. With A Cs/it/engineering Degree Or Equivalent. Certified Information Systems Security Professional (isc) And Certified Ethical Hacker (ceh). 1 Quality Assurance Manager With Quality Assurance Experience Spanning Three (3) Years And A Leadership Role, Also Have Experience Managing Teams Of Project Managers And Developers. With A Cs/it/engineering Degree Or Equivalent. 4 Operations Support Lead With Operations Support Experience Spanning Three (3) Years Of The Same Role In A Customer Service, Help Desk, Technical Support, And/or Call Center. With A Bachelor's Degree Or Equivalent. 1 Help Desk And Technical Support With Operations Support Experience Spanning Two (2) Years Of The Same Role In A Help Desk, Technical Support, And/or Call Center. With A Bachelor's Degree Or Equivalent. 5 Senior Trainers With Trainer Or Teaching Experience Spanning Five (5) Years Of The Same Role In Education Institutions. With A Bachelor's Degree Or Equivalent. 2 Total (minimum Physical Count) 36 Section Viii. Checklist Of Technical And Financial Documents Notes On The Checklist Of Technical And Financial Documents The Prescribed Documents In The Checklist Are Mandatory To Be Submitted In The Bid, But Shall Be Subject To The Following: A. Gppb Resolution No. 09-2020 On The Efficient Procurement Measures During A State Of Calamity Or Other Similar Issuances That Shall Allow The Use Of Alternate Documents In Lieu Of The Mandated Requirements; Or B. Any Subsequent Gppb Issuances Adjusting The Documentary Requirements After The Effectivity Of The Adoption Of The Pbds. The Bac Shall Be Checking The Submitted Documents Of Each Bidder Against This Checklist To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion Pursuant To Section 30 Of The 2016 Revised Irr Of Ra No. 9184. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages);or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (f) 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 ⬜ (g) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (h) 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 ⬜ (i) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (j) 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 ⬜ (k) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s 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; And ⬜ (l) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (m) If Applicable, A Duly Signed Joint Venture Agreement (jva) 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. Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (n) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (o) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity. 25 Financial Component Envelope ⬜ (a) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (b) Original Of Duly Signed And Accomplished Price Schedule(s). Bid Form Date: ____________ Project Identification No. 2025-01g To: Bulacan Agricultural State College Brgy. Pinaod, San Ildefonso, Bulacan 3010 Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers______ [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hubin Conformity With The Said Bidding Documents For The Sum Of __________________________________________________________(php____________)[total Bid Amount In Words And Figures] Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In The Bidding Documents Provisions And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per The Bidding Documents. We Likewise Certify/confirm That The Undersigned, [for Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter’s Behalf For The Name Of Project Of The Name Of The Procuring Entity] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter’s Behalf For Name Of Project Of The Name Of The Procuring Entity]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 2022. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of _______________________ Price Schedule Name Of Bidder ____. Invitation To Bid Number 2025-01g Page _____ Of______. 1 2 3 4 5 6 7 8 9 10 Item Description Country Of Origin Quantity Unit Price Exw Per Item Transportation And Insurance And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price, Per Unit (col 5+6+7+8) Total Price Delivered Final Destination (col 9) X (col 4) 1 Grand Total (in Words) (in Figures) [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of _________________________ [bidder’s Letterhead] Name Of The Procuring Entity : Bulacan Agricultural State College Project: 2025-01g: Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub Location Of The Project : San Ildefonso, Bulacan List Of All Ongoing Government & Private Contracts Including Contracts Awarded But Not Yet Started Business Name : Business Address :______________________________________________________________________ Name Of Contract/ Project Cost A. Owner’s Name B. Address C. Telephone Nos. Nature Of Work Bidder’s Role A. Date Awarded B. Date Started C. Date Of Completion % Of Accomplishment Value Of Outstanding Works / Undelivered Portion Description % Planned Actual Government Private Note: This Statement Shall Be Supported With: Total Cost 1 Notice Of Award (for Government Projects) 2 Notice To Proceed (for Government Projects) 3 Contract Submitted By : (printed Name & Signature) Designation : Date : [bidder’s Letterhead] Name Of The Procuring Entity : Bulacan Agricultural State College Project: 2025-01g: Supply, Delivery, And Installation Of Digital Harvest: Transforming Bulacan Agricultural State College Into A Digital Innovation Hub Statement Of Single Largest Completed Contracts (slcc) In The Last Five (5) Years Business Name : Business Address : Name Of Contract A. Owner Name B. Address C. Telephone Nos. Nature Of Work Bidder’s Role A. Amount At Award B. Amount At Completion C. Duration A. Date Awarded B. Contract Effectivity C. Date Completed Description % Government Private Attached Herewith Are The Following Documents: Contract Agreement, Notice Of Award, Notice To Proceed, Official Receipt/invoice, Certificate Of Final Inspection, Certificate Of Good Performance And Certificate Of Acceptance, As Evidences In Support Of The Foregoing Information. Submitted By : (printed Name & Signature) Designation : ____________________________________________ Contract Agreement Form This Agreement Made The _____ Day Of __________ 20_____ Between [name Of Procuring Entity] Of The Philippines (hereinafter Called “the Entity”) Of The One Part And [name Of Supplier] Of [city And Country Of Supplier] (hereinafter Called “the Supplier”) Of The Other Part: Whereas The Entity Invited Bids For Certain Goods And Ancillary Services, Viz., [brief Description Of Goods And Services] And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of [contract Price In Words And Figures] (hereinafter Called “the Contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Referred To. 2. The Following Documents Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: (a) The Supplier’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted (e.g. Bidder’s Response To Clarifications On The Bid), Including Corrections To The Bid Resulting From The Procuring Entity’s Bid Evaluation; (b) The Schedule Of Requirements; (c) The Technical Specifications; (d) The General Conditions Of Contract; (e) The Special Conditions Of Contract; (f) The Performance Security; And (g) The Entity’s Notice Of Award. 3. In Consideration Of The Payments To Be Made By The Entity To The Supplier As Hereinafter Mentioned, The Supplier Hereby Covenants With The Entity To Provide The Goods And Services And To Remedy Defects Therein In Conformity In All Respects With The Provisions Of The Contract 4. The Entity Hereby Covenants To Pay The Supplier In Consideration Of The Provision Of The Goods And Services And The Remedying Of Defects Therein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of The Contract At The Time And In The Manner Prescribed By The Contract. In Witness Whereof The Parties Hereto Have Caused This Agreement To Be Executed In Accordance With The Laws Of The Republic Of The Philippines On The Day And Year First Above Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Supplier) Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor 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; 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 Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 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. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ * This Form Will Not Apply For Wb Funded Project Bid Securing Declaration Form Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: [insert Name And Address Of The Procuring Entity] I/we , The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. [insert Name Of Bidder’s Authorized Representative] [insert Signatory’s Legal Capacity] Affiant Financial Documents For Eligibility Check Year 20 1 Total Assets 2 Current Assets 3 Total Liabilities 4 Current Liabilities 5 Net Worth (1-3) 6 Net Working Capital (2-4) The Net Financial Contracting Capacity (nfcc) Based On The Above Data Is Computed As Follows: Nfcc = [(current Assets – Current Liabilities) (15)] Minus Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. The Values Of The Domestic Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir. Nfcc = Php Submitted By: Name Of Bidder Signature Of Authorized Representative Over Printed Name Date:

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Rehabilitation Of Farm-to-market Road At Brgy. E. Laodenio Barangay E. Laodenio, Mapanas Northern Samar Contract Reference No. 2025-01-06 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The Lgsf-sbdp Of Fy 2024 Intends To Apply The Sum Of Four Million Nine Hundred Ninety Nine Thousand Seven Hundred Seventy Nine Pesos 12/100 Only (p4,999,779.12) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 102(2)b Surplus Common Excavation 420.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 267.50 Cu.m. 201(1) Aggregate Base Course 336.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 15, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 102(2)b Surplus Common Excavation 420.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 267.50 Cu.m. 201(1) Aggregate Base Course 336.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2025-01-06___ 2 The Funding Source Is: Lgsf-sbdp For Fy 2024. The Name Of The Project Is: Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php4,999,779.12 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 90 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 99,995.58 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P249,989.00 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 15, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 120 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.5 B.7(2) Occupational Safety And Health Program 1.00 Is B.7(2) B.9 Mobilization/demobilization 1.00 Is B.9 Part C Earthworks Part C 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 101(3)a.2 102(2)b Surplus Common Excavation 420.00 Cu.m. 102(2)b 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. 105(1) Part D Subbase And Base Course Part D 200(1) Aggregate Subbase Course 267.50 Cu.m. 200(1) 201(1) Aggregate Base Course 336.00 Cu.m. 201(1) Part E Surface Courses Part E 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. 311(1)a.2 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar Location : Brgy. E. Laodenio, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 F.1 Name And Specification Materials A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Assorted Common Wire Nail 0.50 Kg B.7(2) Occupational Safety And Health Program 1.00 L.s A. Safety Practitioner (part Time) 23.00 1 B. B. Health Personnel (full Time) 90.00 1 B.1 Name And Capacity C. Equipment D. A. Safety Shoes 79.00 Man-day E. B. Safety Helmet 79.00 Man-day F. C. Safety/working Gloves 79.00 Man-day G. D. Safety Vest 79.00 Man-day H. E. Rubber Boots 79.00 Man-day F. Rain Coats (30% Of The Duration) Optional 24.00 Man-day B.9 Mobiilization/demobilization 1.00 L.s Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 16.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/dd 16.00 1 D. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section 1,409.00 Sq.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Equipment A. Backhoe W/ Breaker (0.80 Cu.m) 1.00 1 B. Payloader (1.50), Lx80 Cu.m. 1.00 1 C. Dump Truck (12 Cu. Yd.) 0.50 1 D. Concrete Saw (7.5 Hp), 14”blade Dia 0.50 1 Minor Tools (10% Of Labor Cost) F.1 Name And Specification A. Concrete Saw (diamond Blade 14” Dia) 0.00015 Pc 102(2)b Surplus Common Excavation 420.00 Cu.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.5 Cu.m.) 1.00 1 C. Payloader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.00 3 E. Back Hoe (0.80 Cu.m) 1.00 1 105(1) Subgrade Preparation (common Material) 1,680.00 Sq.m. Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 200(1) Aggregate Subbase Course Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 Name And Specification Materials A. Aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 201 (1) Aggregate Base Course 336.00 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 F.1 Name And Specification Materials A. Aggregate Base Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 311(1)a.2 Pcc Pavement (palin)-conventional Method, 200mm Thk. 1,400.00 Sq.m. A.1 Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. Unskilled Laborer 1.00 12 B.1 Name And Capacity Equipment A. Transit Mixer (5-6 Cu.yd) 1.00 4 B. Concrete Vibrator 1.00 2 C. Concrete Batch (30 Cu.m.) 1.00 1 D. Payloader (1.50 Cu.m)lx80-2c 1.00 1 E. Concrete Screeder (5.5 Hp) 1.00 1 F. Water Truck/pump (16000l) 1.00 1 G. Concrete Saw, Blade 0/ 14” (7.5 Hp) 1.00 1 H. Bar Cutter, Single Phase 0.10 1 I. Joint Sealer Machine 0.25 1 F.1 Name And Specification Materials A. Reinforcing Steel Bar, Grade 40 0.39 Kg. B. Curing Compound 0.29 Lit C. Asphalt Sealant 0.12 Lit. D. Steel Forms (rental) 0.46 I.m. E. Sand 0.1100 Cu.m F. Gravel 0.20 Cu.m G. Portland Cement Type 1 1.90 Bag H. Concrete Saw (diamond Blade 14”) 0.00015 Pc I. Pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each 10,959.69 10,959.69 B.7(2) Occupational Safety And Health Program 1.00 Is 75,925.63 75,925.63 B.9 Mobilization/demobilization 1.00 Is 38,991.04 38,991.04 Part C Earthworks 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 238.30 335,764.70 102(2)b Surplus Common Excavation 420.00 Cu.m. 204.24 85,780.80 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. 21.14 35,515.20 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 267.50 Cu.m. 1,632.38 436,661.66 201(1) Aggregate Base Course 336.00 Cu.m. 2,843.65 955,466.40 Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. 2,160.51 3,024,714.00 Total 4,999,779.12 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Construction Of Slope Protection At Municipal Evacuation Center Barangay Santa Potenciana, Mapanas Northern Samar Contract Reference No. 2025-01-05 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Construction Of Slope Protection At Municipal Evacuation Center The Lgu- Mapanas, Northern Samar, Through The 20% Economic Development Fund (edf) Of Fy 2024 Intends To Apply The Sum Of One Million Nine Hundred Eighty One Thousand Seven Hundred Ten Pesos 12/100 Only (p1,981,710.56) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Slope Protection At Municipal Evacuation Center Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.8(2) Traffic Management 0.00 L.s B.9 Mobilization/demobilization 1.00 I.s Part C Earthworks 102(2)b Surplus Common Excavation 1291.48 Cu.m. Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 42.00 M. Completion Of The Works Is Required 60 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.8(2) Traffic Management 0.00 L.s B.9 Mobilization/demobilization 1.00 I.s Part C Earthworks 102(2)b Surplus Common Excavation 1291.48 Cu.m. Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 42.00 M. Completion Of The Works Is Required 60 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Construction Of Slope Protection At Municipal Evacuation Center, Brgy. Santa Potenciana, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2025-01-05___ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2024. The Name Of The Project Is: Construction Of Slope Protection At Municipal Evacuation Center, Brgy. Santa Potenciana, Mapanas, Northern Samar 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php1,981,710.56 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 60 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 39,634.21 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P99,085.53 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 60 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Construction Of Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.5 B.7(2) Occupational Safety And Health Program 1.00 I.s B.7(2) B.8(2) Traffic Management 0.00 L.s B.9 B.9 Mobilization/demobilization 1.00 I.s Part C Part C Earthworks 101(3)a.2 102(2)b Surplus Common Excavation 1291.48 Cu.m. 102(2)b Part F Bridge Construction 105(1) 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. Part D 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. 200(1) Part G Drainage And Slope Protection Structures 201(1) 509(b) Steel Sheet Piles 42.00 M. Part E 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Construction Of Slope Protection At Municipal Evacuation Center, Brgy. Santa Potenciana, Mapanas, Northern Samar Location : Brgy. Santa Potenciana, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 F.1 Name And Specification Materials A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Assorted Common Wire Nail 0.50 Kg B.7(2) Occupational Safety And Health Program 1.00 L.s A. Safety Practitioner (part Time) 8.00 1 B. B. Health Personnel (full Time) 30.00 1 B.1 Name And Capacity C. Equipment D. A. Safety Shoes 239.00 Man-day E. B. Safety Helmet 239.00 Man-day F. C. Safety/working Gloves 239.00 Man-day G. D. Safety Vest 239.00 Man-day H. E. Rubber Boots 239.00 Man-day F. Rain Coats (30% Of The Duration) Optional 238.00 Man-day B.9 Mobiilization/demobilization 1.00 L.s Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 16.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/dd 16.00 1 D. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 102(2)b Surplus Common Excavation 1,291.48 Cu.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.5 Cu.m.) 1.00 1 C. Payloader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.00 3 E. Back Hoe (0.80 Cu.m) 1.00 1 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. Labor A. A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. B. Unskilled Laborer 1.00 8 B.1 Name And Capacity Equipment A. Bar Cutter 0.50 1 B. Bar Bender 0.50 1 C. Cargo Truck 0.15 1 F.1 Name And Specification Materials Tie Wire (2% Of Rsb) 0.021 Kg. Reinforcing Steel Bar, Grade 40 (w/ 5% Wastage) 1.05 Kg. 405(1)a.1 Structural Concrete, 20.68mpa, Class A, 7days 96.36 Cu.m. A.1 Labor A. A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. B. Unskilled 1.00 8 Installation & Removal Of Formworks/falseworks A. Skilled Foreman 1.00 4 B. Unskilled Laborer 1.00 8 B.1 Name And Capacity Equipment One Bagger Mixer 1.00 1 Concrete Vibrator 1.00 1 Water Truck (16000 L) 0.10 1 F.1 Name And Specification Materials A. Lumber, Good -4 Uses 70.00 Bd.ft. B. Plywood (1/2” X 4’ X 8’) – 4 Uses 1.60 Pc. C. Assorted Cwn (1 Kg./100 Bd.ft. Of Lumber) 0.70 Kg. D. Portland Cement 9.50 Bag E. Sand 0.50 Cu.m. F. Gravel 1.00 Cu.m. G. Curing Compound 1.00 Lit. H. Concrete Admixture Accelerator 1.00 Lit. I. Gravel Bedding 0.091 Cu.m. J. Pvc Pipe (76 Mm D) 0.13 Pc. 509 (b) Steel Sheet Piles 42.00 M Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. Unskilled Laborer 1.00 4 B.1 Name And Capacity Equipment Crawler Crane (36-40t) 1.00 1 Vibro Hammer (hydraulic Operated) 1.00 1 Welding Machine (300 A), Gas / Diesel Driven 0.25 1 Oxygen/acetelyne Cutting Outfit 0.25 1 F.1 Name And Specification Materials A. Steel Sheet Piles (48 Kg/m) 48.00 Kg. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each 10,959.69 10,959.69 B.7(2) Occupational Safety And Health Program 1.00 I.s 29,106.91 29,106.91 B.8(2) Traffic Management 0.00 L.s B.9 Mobilization/demobilization 1.00 I.s 15,484.92 15,484.92 Part C Earthworks 102(2)b Surplus Common Excavation 1291.48 Cu.m. 204.24 263,770.85 Part F Bridge Construction 404(1)a Reinforcing Steel, Grade 40 1,425.24 Kg. 98.12 139,844.55 405(1)a1 Structural Concrete, 20.68mpa, Class A,7 Days 96.36 Cu.m. 13,445.80 1,295,637.29 Part G Drainage And Slope Protection Structures 509(b) Steel Sheet Piles 42.00 M. 5,402.53 226,906.35 Total 1,981,710.56 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Construction Of Slope Protection At Municipal Evacuation Center Brgy. Santa Potenciana, Mapanas, Northern Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.

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

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

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Concreting Of Farm To Market Road Barangay Magtaon, Mapanas Northern Samar Contract Reference No. 2025-01-01 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The Lgsf-sbdp Of Fy 2024 Intends To Apply The Sum Of Four Million Nine Hundred Ninety Nine Thousand Eight Hundred Eighty Nine Pesos 04/100 Only (p4,999,889.04) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 100(1) Cleaning & Grubbing 0.08 Ha 101(1)d Removal Of Concrete Excavation 5.40 Cu.m 102(2)b Surplus Common Excavation 1087.52 Cu.m. 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 231.50 Cu.m. 201(1) Aggregate Base Course 288.20 Cu.m. Part E Surface Courses 311(1)a2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1200.00 Sq.m. Part F Drainage Canal 404(1)a Reinforcing Steel Guide 40 2,578.75 Kg. 405(1)a1 Structural Concrete 20.68mpa, Class A, 7 Days 36.47 Cu.m Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, N. Samar B.5 Projects Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.9 Mobilization And Demobilization 1.00 I.s. Part C Earthworks 100(1) Clearing & Grubbing 0.08 Ha. 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m. 102(2)b Surplus Common Excavation 1087.52 Cu.m. 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. Part D 200(1) Aggregate Subbase Course 231.50 Cu.m. 201(1) Aggregate Base Course 288.00 Cu.m. Part E 311(1)a2 Pcc Pavement (plain)-conventional Method 200mm Thk. 1200.00 Sq.m. Part F Drainage Structures 404(1)a Reinforcing Steel, Grade 40 2,578.75 Kg. 405(1)a1 Structural Concrete, 20 68mpa, Class A, 7 Days 36.47 Cu.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2025-01-01_ 2 The Funding Source Is: Lgsf-sbdp For Fy 2024. The Name Of The Project Is: Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php4,999,889.04 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 60 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 99,997.78 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P249,994.45 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 90 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas Northern Samar B.5 Project Billboard/sign Board 1.00 Each Each B.7(2) Occupational Safety And Health Program 1.00 I.s. Is B.9 Mobilization/demobilization 1.00 I.s. Is Part C Earthworks 100(1) Clearing & Grubbing 0.08 Ha. 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m 102(2)b Surplus Common Excavation 1087.52 Cu.m Cu.m. 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. Cu.m. 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 231.50 Cu.m Cu.m. 201(1) Aggregate Base Course 288.00 Cu.m. Cu.m. Part E Surface Courses 311(1)a2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1200.00 Sq.m. Sq.m. Part F Drainage Structures 404(1) A Reinforcing Steel, Grade 40 2,578.75 Kg. 405(1)a1 Structural Concrete, 20.68mpa Class A, 7 Days 36.47 Cu.m. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Concreting Of Farm To Market Road Location : Brgy. Magtaon, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 A. 2 Material A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Common Nails Assorted 0.50 Kg B.7(2) Occupational Safety And Health Program A. Safety Practitioner (part Time) 23.00 1 B. B. Health Personnel (full Time) 90.00 1 C. Equipment D. A. Safety Shoes 159.00 Man-day E. B. Safety Helmet 159.00 Man-day F. C. Safety/working Gloves 159.00 Man-day G. D. Safety/working Gloves 159.00 Man-day H. E. Rubber Boots 159.00 Man-day F. Rain Coats (30% Of The Duration) Optional 48.00 Man-day Equipment A.dumptruck (12 Cu. Yd.) 16.00 2 B.payloader (1.5 Cu.m.).lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/do 16.00 1 E. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 100(1) Clearing & Grubbing 0.08 Ha. A. 1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 1.00 2 B. Payloader (1.5 Cu.m.) 1.00 1 C. Bulldozer, D6h Series Ii Psds/ 1.00 1 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 1 C. Unskilled Laborer 1.00 2 Equipment A. Backhoe W/ Breaker (0.80 Cu.m) 0.50 1 B. Backhoe (0.80 Cu.m.)-for Loading 0.25 1 C. Dump Truck (12 Cu. Yd.) 0.50 1 D.cutting Outfit 1.00 1 102(2)b Surplus Common Excavation 1,087.52 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.50 Cu.m.), Lx80-2c 1.00 1 C. Pay Loader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.0 3 E.back Hoe (0.80 Cu.m) 1.00 1 104(1) A Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. Labor A.construction Foreman 0.83 1 B.unskilled Laborer 0.83 2 Spreading & Compaction A.construction Foreman 1.00 1 B.unskilled Laborer 1.00 2 Equipment A.bulldozer, Dh6 Series Ii Psds/dd 0.83 1 B.payloader (1.50 Cu.m.), Lx80-2c 0.83 1 C.dump Truck (12 Cu.yd.) 2 Spreading & Compaction: A.motorized Road Grader (140 Hp) G710a 1.00 1 B.vibratory Roller (10m.l.), Sd100dc 1.00 1 C.water Truck/pump (16000 L) 0.25 1 105(1) Subgrade Preparation (common Material) 1,440.00 Sq.m. Labor A.construction Foreman 1.00 1 B.unskilled Laborer 1.00 2 Equipment A.motorized Road Grader, G710a 1.00 1 B.vibratory Roller (10 M.t), Sd100c 1.00 1 C.water Truck/pump (16000 L) 0.25 1 201(1) Aggregate Base Course Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd 1.00 1 C.water Truck/pump (16000 L) 0.25 1 Materials A.aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 311(1)a.2 Pcc Pavement (palin)-conventional Method, 200mm Thk. 1,200.00 Sq.m. Labor A.construction Foreman 1.00 1 B.skilled Laborer 1.00 4 C.unskilled Laborer 1.00 12 Equipment A.transit Mixer (5-6 Cu.yd) 1.00 4 B.concrete Vibrator 1.00 2 C.concrete Batch (30 Cu.m.) 1.00 1 D.payloader (1.50 Cu.m)lx80-2c 1.00 1 E.concrete Screeder (5.5 Hp) 1.00 1 F.water Truck/pump (16000l) 1.00 1 G.concrete Saw, Blade 0/ 14” (7.5 Hp) 1.00 1 H.bar Cutter, Single Phase 0.10 1 I.joint Sealer Machine 0.25 1 Materials A.reinforcing Steel Bar, Grade 40 0.39 Kg. B.curing Compound 0.29 Lit C.asphalt Sealant 0.12 Lit. D.steel Forms (rental) 0.46 I.m. E.sand 0.1100 Cu.m F.gravel 0.20 Cu.m G.portland Cement Type 1 1.90 Bag H.concrete Saw (diamond Blade 14”) 0.00015 Pc I.pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. 404(1)a Reinforcing Steel, Grade 40 2,578.75 Kg. Labor A.construction Foreman 1.00 1 B.skilled Laborer 1.00 2 C.unskilled Laborer 8.00 1 Equipment A.bar Cutter 0.50 1 B.bar Bender 0.50 1 C. Cargo Truck (9-10ml) 0.15 1 405(1)a1 Labor A.construction Foreman 1.00 1 B.skilled Laborer 1.00 4 D. Unskilled Worker 1.00 8 Installation & Removal Of Form Works/false Work A. Skilled Laborer 1.00 4 B. Unskilled Laborer 1.00 8 Equipment A. One Bagger Mixer 1.00 1 B. Concrete Vibrator 1.00 1 C. Water Truck (16000 L) 0.10 1 Materials A.lumber, Good- 4 Uses 70 Bd.ft. B. Plywood (1/2’ X 4’ X 8’) 1.60 Pc. C. Assorted Cwn (1 Kg/100 Bd. Ft. Of Lumber) 0.70 Kg. D. Portland Cement 9.50 Bags E. Sand 0.50 Cu.m. F. Gravel 1.00 Cu.m. G. Curing Compound 1.00 Lit. H. Concrete Admixture Accelerator 1.00 Lit I.gravel Bedding 0.091 Cu.m. J. Pvc Pipe (76 Mm D) 0.13 Pc. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, N. Samar B.5 Project Billboard/signboard 1.00 Each 10,959.69 10,959.69 B.7 (2) Occupational Safety And Health Program 1.00 I.s. 77,257.97 77,257.97 B.9 Mobilization/demobilization 1.00 I.s. 38,981.41 38,981.41 Part C Earthworks 100(1) Clearing & Grubbing 0.08 Ha. 220,840.18 17,313.87 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m. 1,909.79 10,312.87 102(2)b Surplus Common Excavation 1087.52 Cu.m. 204.24 222,115.08 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. 310.07 70,075.82 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. 21.14 30,441.60 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 231.50 Cu.m. 1,632.38 377,895.98 201(1) Aggregate Base Course 226.20 Cu.m. 2,843.65 818,971.20 Part E 311(1)a2 Pcc Pavement (plain) Conventional Method, 200mm Thk 1200.00 Sq.m. 2,160.51 2,592,612.00 Part F Drainage Structures 404(1)a Reinforcing Steel, Grade 40 2,578.75 Kg. 98.12 253,027.15 405(1)a1 Structural Concrete, 220.68mpa.class A, 7 Days 36.47 Cu.m. 13,160.44 479,924.40 Total 4,999,889.04 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Concreting Of Farm To Market Road , Barangay Magtaon , Mapanas N. Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Concreting Of Farm-to-market Road At Brgy. San Jose Barangay San Jose, Mapanas Northern Samar Contract Reference No. 2025-01-02 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The Lgsf-sbdp Of Fy 2024 Intends To Apply The Sum Of Four Million Nine Hundred Ninety Nine Thousand Seven Hundred Eighty One Pesos 80/100 Only (p4,999,781.80) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 100(1) Clearing And Grubbing 0.25 Ha. 101(1)d Removal Of Concrete Drainage Structures 0.00 Cu.m. 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 279.50 Cu.m. 201(1) Aggregate Base Course 352.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 100(1) Clearing And Grubbing 0.25 Ha. 101(1)d Removal Of Concrete Drainage Structures 0.00 Cu.m. 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 279.50 Cu.m. 201(1) Aggregate Base Course 352.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2025-02-02___ 2 The Funding Source Is: Lgsf-sbdp For Fy 2024. The Name Of The Project Is: Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 05, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php4,999,781.80 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 90 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 99,995.64 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P249,989.10 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 120 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.5 B.7(2) Occupational Safety And Health Program 1.00 Is B.7(2) B.9 Mobilization/demobilization 1.00 Is B.9 Part C Earthworks Part C 100(1) Clearing And Grubbing 0.25 Ha. 101(3)a.2 101(1)d Removal Of Concrete Drainage Structures 0.00 Cu.m. 102(2)b 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 105(1) 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. Part D 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. 200(1) Part D Subbase And Base Course 201(1) 200(1) Aggregate Subbase Course 279.50 Cu.m. Part E 201(1) Aggregate Base Course 352.00 Cu.m. 311(1)a.2 Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar Location : Brgy. San Jose, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 F.1 Name And Specification Materials A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Assorted Common Wire Nail 0.50 Kg B.7(2) Occupational Safety And Health Program 1.00 L.s A. Safety Practitioner (part Time) 15.00 1 B. B. Health Personnel (full Time) 60.00 1 B.1 Name And Capacity C. Equipment D. A. Safety Shoes 78.00 Man-day E. B. Safety Helmet 78.00 Man-day F. C. Safety/working Gloves 78.00 Man-day G. D. Safety Vest 78.00 Man-day H. E. Rubber Boots 78.00 Man-day F. Rain Coats (30% Of The Duration) Optional 24.00 Man-day B.9 Mobiilization/demobilization 1.00 L.s B.1 Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 16.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/dd 16.00 1 D. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 100(1) Clearing And Grubbing 0.25 Ha. A.1 A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 1.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 1.00 1 C. Bulldozer, D6h Series Ii Psds/dd 1.00 1 102(2)b Surplus Common Excavation 1,347.20 Cu.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.5 Cu.m.) 1.00 1 C. Payloader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.00 3 E. Back Hoe (0.80 Cu.m) 1.00 1 105(1) Subgrade Preparation (common Material) 1,760.00 Sq.m. Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 200(1) Aggregate Subbase Course 279.50 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 Name And Specification Materials A. Aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 201 (1) Aggregate Base Course 352.00 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 F.1 Name And Specification Materials A. Aggregate Base Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 311(1)a.2 Pcc Pavement (plain)-conventional Method, 200mm Thk. 1,100.00 Sq.m. A.1 Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. Unskilled Laborer 1.00 12 B.1 Name And Capacity Equipment A. Transit Mixer (5-6 Cu.yd) 1.00 4 B. Concrete Vibrator 1.00 2 C. Concrete Batch (30 Cu.m.) 1.00 1 D. Payloader (1.50 Cu.m)lx80-2c 1.00 1 E. Concrete Screeder (5.5 Hp) 1.00 1 F. Water Truck/pump (16000l) 1.00 1 G. Concrete Saw, Blade 0/ 14” (7.5 Hp) 1.00 1 H. Bar Cutter, Single Phase 0.10 1 I. Joint Sealer Machine 0.25 1 F.1 Name And Specification Materials A. Reinforcing Steel Bar, Grade 40 0.39 Kg. B. Curing Compound 0.29 Lit C. Asphalt Sealant 0.12 Lit. D. Steel Forms (rental) 0.46 I.m. E. Sand 0.1100 Cu.m F. Gravel 0.20 Cu.m G. Portland Cement Type 1 1.90 Bag H. Concrete Saw (diamond Blade 14”) 0.00015 Pc I. Pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. A.1 Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. Unskilled Laborer 1.00 8 B.1 Name And Capacity Equipment A. Bar Cutter 0.50 1 B. Bar Bender 0.50 1 C. Cargo Truck (9-10mt) 0.15 1 F.1 Name And Specification Materials A. Tire Wire (2% Of Rsb) 0.021 Kg. B. Reinforcing Steel Bar, Grade 40 (w/ 5% Wastage) 1.05 Kg. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each 10,959.69 10,959.69 B.7(2) Occupational Safety And Health Program 1.00 Is 50,777.92 50,777.92 B.9 Mobilization/demobilization 1.00 Is 39,190.70 39,190.70 Part C Earthworks 100(1) Clearing And Grubbing 0.25 Ha. 220,840.20 54,326.69 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 204.24 275,152.13 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. 21.14 37,206.40 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 279.50 Cu.m. 1,632.38 456,250.22 201(1) Aggregate Base Course 352.00 Cu.m. 2,843.65 1,000,964.80 Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. 2,639.57 2,903,527.00 Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 105.28 39,265.23 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. 15,617.44 132,161.02 Total 4,999,781.80 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.