Transportation Tenders

Description: Contact Information|4|n743.49|wvm|7176052147|benjamin.t.spangler.civ@us.navy.mil| item Unique Identification And Valuation (jan 2023)|19|||||||||||||||||||| higher-level Contract Quality Requirement (navicp Review Feb 1991)(feb 1999)|1|see Specification Sections C And E.| inspection Of Supplies--fixed-price (aug 1996)|2||| time Of Delivery (june 1997)|20|0001aa|25|365|0001ab|lot|see Dd1423|0001ac|1|150|||||||||||| stop-work Order (aug 1989)|1|| general Information-fob-destination|1|b| wide Area Workflow Payment Instructions (jan 2023)|16|stand-alone Receiving Report - Certifications Combo - Receiving Report & Invoice - Material |n/a|tbd|n00104|tbd|n39040 - Certifications, S4306a - Material |n50286|tbd|133.2|n/a|n/a|n39040 - Certifications |n/a |n/a|see Dd Form 1423 |port_ptnh_wawf_notification@navy.mil Benjamin.t.spangler.civ@us.navy.mil| navy Use Of Abilityone Support Contractor - Release Of Offeror Information (3-18))|1|| value Engineering (jun 2020)|3|||| equal Opportunity (sep 2016)|2||| integrity Of Unit Prices (nov 2021)|1|| equal Opportunity For Veterans (jun 2020)|4||||| warranty Of Supplies Of A Noncomplex Nature (june 2003)|6|one Year From Date Of Delivery.|one Year From Date Of Delivery.||||| warranty Of Data--basic (mar 2014)|2||| small Business Subcontracting Plan (sep 2023)|4||||| equal Opportunity For Workers With Disabilities (jun 2020)|2||| transportation Of Supplies By Sea (oct 2024)|2||| first Article Approval--government Testing (sep 1989)|7|1|0001ac|150|receiving Officer Portsmouth Naval Shipyard, Building 240, Code 240. (207-438-5445) Kittery, Me 03904-5000|30|x|| buy American-free Trade Agreements-balance Of Payments Program-basic (feb 2024)|11|||||||||||| progress Payments (nov 2021)|4||||| list Of Award Attachments|5|||||| alternate A, Annual Representations And Certifications (oct 2024)|13|||||||||||||| buy American-free Trade Agreements-balance Of Payments Program Certificate-basic (feb 2024))|5|||||| buy American-balance Of Payments Program Certificate-basic (feb 2024)|1|| royalty Information (apr 1984)|1|| annual Representations And Certifications (may 2024)|13|335931|600|||||||||||| cost Accounting Standards Notices And Certification (deviation 2018-o0015)(may 2018))|1|| instructions To Offerors -- Competitive Acquisition (nov 2021)|2||| type Of Contract (apr 1984)|1|firm Fixed| notice Of Priority Rating For National Defense, Emergency Perpardeness, And Enrgy Progam Use (april 2008))|2|x|| evaluation Of First Article Testing|3|x|$42,000|| this Amendment Is Issued To Update Solicitation Clauses. this Requirement Is Not A Small Business Set-aside And Is Full And Open. \ ---this Requirement Is Not A Small Business Set-aside.--- 1.dd1423 Data Item A001 (inspection And Test Plan) May Be Waived If Already Onfile At Navsup Wss Mechanicsburg. 2. Portsmouth Nsy's Dodaac Has Changed From N00102 To N50286. Any Reference Ton00102 Within This Order Should Be Updated To N50286. 3. The Following Proposed Delivery Schedule Applies: submission Of Certification Data Cdrls Will Be On Or Before 20 Days Prior To Scheduled Delivery. weld Procedure And Qual Data 120 Days Adc Lt approval Of Weld Procedures And Qual Data 60 Days After Receipt fat Report 150 Days After Approval Of Pr Lt approval Of Fat Report 30 Days After Receipt Pnsy Review/acceptance Of Certification Cdrls 6 Working Days After Receipt Of Certification Dd 1423 Cdrls. Final Delivery Of Material Will Be On Or Before 365 Days After Effective Date Of The Resulting Contract. 4. Any Contract Awarded As A Result Of This Solicitation Will Be "dx" Rated Order; "dx" Rated Order Certified For National Defense Use Under The Defense Priorities And Allocations System (dpas). 5. Navsup Wss Mechanicsburg Will Be Considering Past Performance In The Evaluation Of Offers In Accordance With Far 13.106(a)(2) And Dfars 252.213-7000. 6. If Drawings Are Included In The Solicitation, Access Needs To Be Requested On The Individual Solicitation Page On Contracts Opportunities On The Government's Beta.sam Website. After Requesting Access, Send An Email To The Primary Poc Listed On The Solicitation. 7. This Solicitation Requires First Article Testing. Far 52.290-4 First Article Approval - Government Testing For More Details. 8. The Complete Rfp Package Must Be Signed And Returned Prior To The Closing Date. Emailed Or Faxed Proposals Are Acceptable. Neco Quotes Will Not Be Accepted And Will Be Determined Non-responsive. \ 1. Scope 1.1 The Material Covered In This Contract/purchase Order Will Be Used In A Crucial Shipboard System. The Use Of Incorrect Or Defective Material Would Create A High Probability Of Failure Resulting In Serious Personnel Injury, Loss Of Life, Loss Of Vital shipboard Systems, Or Loss Of The Ship Itself. Therefore, The Material Has Been Designated As Special Emphasis Material (level I, Scope Of Certification, Or Quality Assured) And Special Control Procedures Are Invoked To Ensure Receipt Of Correct Material. 2. Applicable Documents 2.1 Order Of Precedence - In The Event Of A Conflict Between The Text Of This Contract/purchase Order And The References And/or Drawings Cited Herein, The Text Of This Contract/purchase Order Must Take Precedence. Nothing In This Contract/purchase Order, however, Must Supersede Applicable Laws And Regulations Unless A Specific Exemption Has Been Obtained. 2.2 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.2.1 Specification Revisions - The Specification Revisions Listed Under "documents References" Below Are The Preferred Revision. Older And/or Newer R Evisions Are Acceptable When Listed Within Contract Support Library Reference Number Csd155 In Ecds (electric contractor Data Submission) At: Ht Tps://register.nslc.navy.mil/. This Is To Allow Contractors To Use Certain Acceptable Older Specification Revisions To Purge Their Existing Stock Of Material Certified To Those Older Revisions Or To Use Newer Specification revisions When Material Is Certified To Newly Released Revisions,without Requiring The Submittal Of Waiver/deviation Requests For Each Specification Revision On Every Contract. Revisions Of Specifications Reflecting Editorial And/or Re-approval (e.g. E2009, r2014, Etc.) Are Considered Inconsequential, But Are Acceptable When Their Revisions Are Listedwithin Csd155 Or Elsewhere Within This Contract. 2.2.2 Documents, Drawings, And Publications Supplied Are Listed Under "drawing Number". These Items Should Be Retained Until An Award Is Made. 2.2.3 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. drawing Data=1197258 |53711| C| |d|0001 | C|49998|0876328 document Ref Data=fed-std-h28 | | |b |190424|a| | | document Ref Data=fed-std-h28 |0020| |b |941221|a| |01| document Ref Data=ansi/asq Z1.4 | | | |080101|a| | | document Ref Data=qq-n-281 | | |d |851023|a| 2| | document Ref Data=qq-n-286 | | |g |001207|a| | | document Ref Data=mil-std-792 | | |f |060519|a| | | document Ref Data=mil-dtl-1222 | | |j |001208|a| | | document Ref Data=mil-std-2035 | | |a |950515|a| | | document Ref Data=mil-std-2132 | | |d |080211|f| |01| document Ref Data=iso_9001 | | | |081115|a| | | document Ref Data=iso10012 | | | |030415|a| | | document Ref Data=iso/iec 17025 | | | |050515|a| | | document Ref Data=mil-dtl-24231 | | |e |130426|a| | | document Ref Data=mil-i-45208 | | |a |810724|a| 1| | document Ref Data=mil-std-45662 | | |a |880801|a| | | document Ref Data=a-a-59004 | | |b |181118|a| | | document Ref Data=ansi/ncsl Z540.3 | | | |130326|a| | | document Ref Data=0900-lp-001-7000 | | | |810101|c| |01| document Ref Data=s9074-aq-gib-010/248 | | |1 |191112|a| | | document Ref Data=t9074-as-gib-010/271 | | |1 |140911|a| | | document Ref Data=s9074-ar-gib-010a/278 (chg A) | | | |130214|a| | | 3. Requirements 3.1 ;the Electrical Hull Fitting And Transmitter Cable Assembly For The An/bst-1 Must Be In Accordance With Naval Ship Engineering Center Drawing 803-1197258, Except As Amplified Or Modified Herein.; 3.2 ;ls2swu-12 Cable Is To Be Used In Lieu Of Ls2swua-12 Cable.; 3.3 First Article Approval (government Testing) - First Article Test (fat) And Approval Is Required. 3.4 ;the First Article Test (fat) Sample(s) Must Not Be Delivered Against The Contract Quantity.; 3.5 Material For Parts Requiring Certification - Quantitative Chemical And Mechanical Analysis Is Required For The Parts Listed Below Unless Specifically Stated Otherwise: part - ;receptacle Body, Item 14; material - ;qq-n-281, Class A; part - ;hull Fitting Body, Item 2; Body Cover, Item 3; Washer, Item 4; And Nut, Item 5; material - ;qq-n-286, Form 2, Cold Drawn Or Hot Finished, Annealed And Age Hardened And Must Meet The Mechanical Requirements Cited In Note 2.h Of Drawing 803-1197258 Except The Brinell Hardness Minimum Is 250 Instead Of 265 As Listed In Note 2.h; 3.6 Testing Certification - Certifications Are Required For The Following Tests On The Items Listed Below. Additional Testing On Other Piece Parts (if Any) Per Applicable Drawings Is Still Required, But Certifications Are Only Required As Listed Below. test - Quality Conformance/compliance Inspection item - ;each Electrical Hull Fitting Assembly; performance - ;mil-dtl-24231, Table I For Type Iv And Note 22 On Drawing 803-1197258; acceptance - ;mil-dtl-24231; test - ;dye Penetrant Inspection; item - ;hull Fitting Body, Item 2; Body Cover, Item 3; Washer, Item 4; And Nut, Item 5; performance - T9074-as-gib-010/271 acceptance - Mil-std-2035 test - Ultrasonic Inspection On Starting Material item - ;all Items Requiring Certification Made From Qq-n-286 With A Diameter Or Minimum Distance Between Parallel Surfaces Of 4 Inches Or Greater Of The Starting Material, Or When Required By A Drawing Or Specification Invoked Elsewhere In This Contract; performance - T9074-as-gib-010/271 Or Mil-std-2132, And Qq-n-286 acceptance - Qq-n-286 attribute - Annealing And Age Hardening item - ;hull Fitting Body, Item 2; Body Cover, Item 3; Washer, Item 4; And Nut, Item 5; performance - Qq-n-286 test - 5x Visual Magnification Or Dye Penetrant Inspection (root Layer) item - Weldments performance - T9074-as-gib-010/271 acceptance - Mil-std-2035 test - Visual And Dye Penetrant Inspection (final Layer) item - Weldments performance - T9074-as-gib-010/271 acceptance - Mil-std-2035 test - Non-destructive Tests item - ;weld Repair (as Applicable); performance - Per Applicable Fabrication Specification acceptance - Per Applicable Fabrication Specification 3.7 The Pressure Tolerance Must Be As Specified In The Assembly Drawing, Detail Drawing, Design Specification Or Elsewhere In This Contract. Where Pressure Tolerances Are Not Provided By Drawings, Specifications Or Specified Elsewhere In This Contract, The following Must Be Used: For Pressure Tests Below 100 Psig, The Pressure Tolerance Must Be +1 Psig / -0 Psig. For Pressure Tests At Or Above 100 Psig Up To And Including 2500 Psig, The Pressure Tolerance Must Be +2% / -0 Psig Rounded Off To The Nearest Multiple Of The Smallest Graduation On An Analog Test Pressure Gauge, Not To Exceed 50 Psig. For Pressure Tests Above 2500 Psig, The Pressure Tolerance Must Be +2% / -0 Psig, Rounded Off To The Nearest Multiple Of The Smallest Graduation On An Analog Test Pressure Gauge, Not To Exceed 200 Psig. the Pressure Test Time Tolerance Must Be As Specified In The Assembly Drawing, Detail Drawing, Design Specification Or Elsewhere In This Contract. Where Pressure Test Time Tolerances Are Not Provided By Drawings, Specifications Or Specified Elsewhere In This contract, The Following Must Be Used: For A Test Duration Up To And Including 1 Hour, The Tolerance Must Be +5 Minutes / - 0 Minutes. For A Test Duration Of More Than 1 Hour Up To And Including 24 Hours, The Tolerance Must Be +30 Minutes / - 0 Minutes. For A Test Duration Of More Than 24 Hours, The Tolerance Must Be +60 Minutes / - 0 Minutes. 3.8 Slow Strain Rate Tensile Test Laboratories - The Slow Strain Rate Tensile Test Of Qq-n-286 Must Be Performed By One Of The Following Laboratories: huntington Alloys, A Special Metals Company attn: Bill Bolenr 3200 Riverside Drive huntington, Wv 257059 phone: (304) 526-5889 fax: (304) 526-5973 metallurgical Consultants, Inc. attn: W. M. Buehler 4820 Caroline po Box 88046 houston, Tx 77288-0046 phone: (713) 526-6351 fax: (713) 526-2964 naval Surface Warfare Center, Carderock Division attn: Eric Focht Code 614 9500 Macarthur Blvd west Bethesda, Md 20817-5700 phone: (301) 227-5032 fax: (301) 227-5576 teledyne Allvac attn: Dr. W. D. Cao 2020 Ashcraft Ave. monroe, Nc 28110 phone: (704) 289-4511 fax: (704) 289-4269 westmoreland Mechanical Testing And Research Inc. attn: Andrew Wisniewski p.o. Box 388 youngstown, Pa 15696-0388 mannesmann Rohrenwerke mannesmann Forschungsinstitut (mfi) attn: Dr. Weiss postfach 251160 47251 Duisburg germany phone: 011-49-0203-9993194 fax: 011-49-0203-9994415 thyssenkrupp Vdm Usa, Inc. attn: D. C. Agarwal 11210 Steeplecrest Drive, Suite 120 houston, Tx 77065-4939 phone: (281) 955-6683 3.9 Certificate Of Compliance - (special Emphasis Material) The Contractor Must Prepare And Submit A Certificate Of Compliance Certifying That The Items/components Furnished Under This Contract Comply With The Requirements Of The Procurement Document, including Any/all Invoked Specifications And Drawings. 3.10 Thread Inspection Requirements - All Threads On Threaded Parts Must Be Inspected Using Appropriate Inspection Methods, Inspection Systems, And Inspection Gages/instruments In Accordance With Fed-std-h28 Series. Substitution Of Thecommercial Equivalent inspection In Accordance With Asme B1 Series Is Acceptable. 3.10.1 System 21 Of Fed-std-h28/20 Must Be Used As A Minimum Inspection Requirement For Threads When The Design Drawing Or Design Specification Does Not Specify An Inspection Requirement. 3.10.2 For Navy And Shipyard Drawings, System 21 Of Fed-std-h28/20 May Be Substituted For System 22 Without Further Navy Approval When The Design Drawing Invokes System 22 And Does Not Cite Governing Specifications That Specifically Require System 22. System 22 Of Fed-std-h28/20 Must Be Used When The Drawing References Other Governing Specifications That Specifically Require System 22, Such As Certain Thread Types Of Mil-dtl-1222. 3.10.3 A Written Request For Concurrence Must Be Submitted When Utilizing Alternative Measuring Equipment Or Measuring Systems Not Applicable To The Specified Inspection System. 3.11 Thread Lubricant - Thread Lubricants Containing Molybdenum Disulfide Must Not Be Used On This Material. Bacteria In Water, Especially Seawater, Causes Molybdenum Disulfide To Break Down. The By-products Of The Breakdown Form Compounds Which Attack The fasteners. Anti-galling Compound A-a-59004 Must Be Used As A Replacement When Thread Lubricant Is Required For Assembly. 3.12 Internal Threads - All Internal Threads Must Be Formed By Cutting. Cold Forming Of Internal Threads Is Not Acceptable. 3.13 O-ring Grooves And Mating Sealing Surfaces Must Be Inspected Per The Contractually Invoked Drawings Or Specifications. When The Drawings Or Specifications Do Not Provide Specific Defect Criteria Or State That No Defects Are Allowed, The General acceptance Criteria (gac) Standard Must Be Used For Inspecting O-ring Grooves And Mating Sealing Surfaces Only. Repairs To Sealing Surfaces And O-ring Grooves With Unacceptable Defects May Be Accomplished Within The Limits Of The Size And Tolerances Provided in The Applicable Drawing. Repairs Thatwould Exceed These Limits Require Approval (including Final Dimensions). The Data That Is Red Lined (crossed Out) Is Excluded From The Gac For This Contract And Is Not To Be Used For Acceptance Or Rejection Criteria. the Gac Document Is Identified As Contract Support Library Reference Number Csd008 At Https://register.nslc.navy.mil/ 3.14 Welding Or Brazing - When Welding, Brazing, And Allied Processes Are Required, As Invoked By Section C Paragraph 3 Requirements, They Must Be In Accordance With S9074-ar-gib-010a/278, 0900-lp-001-7000 For Brazing Of Piping And Pressure Vessel applications, Or S9074-aq-gib-010/248 For Brazing Of Other Applications. For All Production And Repair Welding And Brazing, Personnel And Procedures Must Be Qualified Under S9074-aq-gib-010/248 Or 0900-lp-001-7000, As Applicable. Repair Welding Is Not permitted On ;qq-n-286 Material; . Procedures And Qualification Data Must Be Submitted For Review And Approval Prior To Performing Any Welding Or Brazing. 3.15 Configuration Control - The Contractor Must Maintain The Total Equipment Baseline Configuration. For Items Of Proprietary Design, Contractor Drawings Showing The Latest Assembly Configuration Must Be Provided To The Government In Electronic (c4) Format. definitions Are Provided Elsewhere In The Contract/purchase Order. 3.15.1 Waivers/deviations - All Waivers And Deviations, Regardless Of Significance Or Classification Require Review And Approval By The Contracting Officer. Waivers And Deviations Must Be Designated As Critical, Major, Or Minor. The Contractor Must Provide a Copy Of This Request To The Qar. Requests Must Include The Information Listed Below. A. A Complete Description Of The Contract Requirement Affected And The Nature Of The Waiver/deviation (non-conformance), Including A Classification Of Critical, Major, Or Minor. B. Number Of Units (and Serial/lot Numbers) To Be Delivered In This Configuration. C. Any Impacts To Logistics Support Elements (such As Software, Manuals, Spares, Tools, And Similar) Being Utilized By Government Personnel Or Impacts To The Operational Use Of The Product. D. Information About Remedial Action Being Taken To Prevent Reoccurrence Of The Non-conformance. 3.15.2 All Requests For Waivers/deviations On Navsup-wss Contracts Must Be Submitted To The Navsup Wss Contracting Specialist Via Email. 3.15.3 Ecps - The Government Will Maintain Configuration Control And Change Authority For All Modifications Or Changes Affecting Form, Fit, Function, Or Interface Parameters Of The Equipment And Its Sub-assemblies. The Contractor Must Submit An Engineering change Proposal (ecp) For Any Class I Or Ii Changes That Impact The Equipment Covered By This Contract. Ecps Must Be Prepared In Contractor Format, And Must Include The Following Information: A. The Change Priority, Change Classification (class I Or Class Ii), And Change Justification. B. A Complete Description Of The Change To Be Made And The Need For That Change. C. A Complete Listing Of Other Configuration Items Impacted By The Proposed Change And A Description Of The Impact On Those Cis. D. Proposed Changes To Documents Controlled By The Government. E. Proposed Serial/lot Number Effectivities Of Units To Be Produced In, Or Retrofitted To, The Proposed Configuration. F. Recommendations About The Way A Retrofit Should Be Accomplished. G. Impacts To Any Logistics Support Elements (such As Software, Manuals, Spares, Tools, And Similar) Being Utilized By Government Personnel In Support Of The Product. H. Impacts To The Operational Use Of The Product. I. Complete Estimated Life-cycle Cost Impact Of The Proposed Change. J. Milestones Relating To The Processing And Implementation Of The Engineering Change. 3.16 Mercury Free - Mercury And Mercury Containing Compounds Must Not Be Intentionally Added Or Come In Direct Contact With Hardware Or Supplies Furnished Under This Contract. Mercury Contamination Of The Material Will Be Cause For Rejection. 3.17 Navsea 0948-lp-045-7010 - Any Applicable Requirements Of Navships 4410.17,navsea 0948-lp-045-7010, Or 0948-045-7010 Which The Contractor Must Meet Are Included In This Contract/purchase Order. The Above Documents Are For Governmentuse Only. Further application Of The Above Documents Is Prohibited.prohibited. 3.17.1 Marking Of Material With A Material Designator Per The Drawing Is Also Prohibited, With The Exception Of Fasteners. Fasteners Must Be Marked With A Material Symbol/designator As Specified Elsewhere In This Contract. ^ Quality Assurance Requirements ^ 3.18 See Cdrl Di-misc-80678 (test Certification) - A Statement Of Tests Performed, Listing The Pieces Tested Must Be Furnished Along With A Copy Of The Test Results. Certification Must Include The Contractor's Name, Address And Date, Quantity Inspected, identified To The Contract/purchase Order And Item Number, And The Contractor's Or Authorized Personnel's Signature. Test Certifications Must Reference The Standard/specification, Including The Revision, To Which The Testing Was Performed And The Acceptance criteria Used. Test Procedure Numbers May Also Be Referenced On Test Reports. Test Reports On Weldments Must Be Identified To Weld Joint And Layer. 3.19 See Cdrls Di-misc-80875 (welding Procedures) And Di-misc-80876 (weld Procedure Qualification Data) - When Production Or Repair Welding Is Required, The Applicable Welding Procedure(s) And Qualification Data Must Be Submitted For Review And Approval. In addition, The Consumed Weld Metal C Of C As Defined Below Must Be Submitted As Part Of The Certification Oqe Package Submitted By The Contractor. note: These Requirements Do Not Apply To Tack/spot Welds. 3.19.1 Approval Of The Contractor's Qualification Data Must Be Obtained Prior To Performing Any Welding (production Or Repair). 3.19.2 If The Contractors Qualification Data Has Previously Been Approved By The Navy For Other Contracts, A Copy Of The Original Approval Letter May Be Submitted Along With The Procedures And Qualification Data Report To Expedite The Approval Process. The approval Letter Must Reference The Applicable Welding Procedure And Qualification Data Report Identification/number. Prior Approval Does Not Guarantee Acceptance For This Or Any Future Contracts. As Far As Practical, All Procedures For The Contract Must Be submitted At The Same Time. Welding Procedures And Qualification Data Must Be Submitted In A Commercially Available Electronic Format Such As Adobe Acrobat Pdf. The Contractor Must State The Applicability Of Each Weld Procedure And Qualification Data Submitted, citing The Drawing Number And Pieces To Be Welded. (i.e. "wp-123 And Qd-123 Are Submitted For The Weld Joint Between Pieces 1 And 2 On Drawing Abc." Wp-456 And Qd-456 Are Submitted For The Hardfacing Of Piece 3 On Drawing Xyz.") 3.19.3 The Pco's Authorization For The Use Of Weld Procedure(s) And Qualification Data For The Specific Application As Submitted Does Not Mitigate The Vendors Responsibility To Comply With The Requirements Of S9074-aq-gib-010/248, S9074-ar-gib-010a/278, And the Contract. 3.19.4 Authority For The Repair Of Special Repairs In Castings, The Repair Of Wrought Material, Or The Repair Of Forged Material Must Be Obtained Via Request For Waiver From The Procurement Contracting Officer. This Request Must Describe The Defect; Including size, Depth, Location, And A Description Of The Proposed Repair. Repairs Deemed Minor Or Nominal In Accordance With S9074-ar-gib-010/278 Can Be Made At Contractor Discretion In Accordance With S9074-ar-gib-010/278 Requirements; However, Weld Procedure specification (wps) And Procedure Qualification Record (pqr) Submittals Are Still Required. This Request For Navsup-wss Contracts Must Be Submitted Via The Electronic Contractor Data Submission (ecds) Application. 3.19.5 Any New Procedure Qualification Performed Under This Contract Will Require The Vendor To Provide A Minimum 72 Hour Notification To Dcma With An Offer To Observe The Welding Of The Test Assemblies. The 72 Hour Time Limit May Be Modified Upon Mutual agreement Between The Vendor And Dcma. 3.19.6 When Drawings Require Hardfacing Surface Iron Or Nickel Content Not To Exceed 5%, The Contractor Must Verify Surface Iron Or Nickel Content By Performing Chemical Testing As Defined By The Applicable Drawing. The Chemical Test Results Must Be Submitted as Part Of The Qualification Data. 3.19.7 Additional Qualification Requirements For Production Hardfacing Thickness Less Than 1/8-inch: Macro-etch (or Legible Photomacrographs Clearly Showing The Fusion Area) Must Be Submitted For Review And Show Consistent, Minimized Dilution. All Essential elements And Any Elements Not Listed In S9074-aq-gib-010/248 That Influence Dilution Must Be In The Qualification Data And Weld Procedure, With Strict Limits Placed On Each Essential Element. 3.19.8 Preparation And Retention Of Weld Records Is Required, As Specified By Paragraph 4.1.3 Of S9074-ar-gib-010a/278. 3.19.9 When Production Or Repair Welding Is Required On Titanium Materials, The Applicable Fabrication Plan, Facilities Procedure, Training Plan, And Active Welder Qualification Must Also Be Submitted For Review And Approval. 3.19.10 If The Contractor's Fabrication Plan, Facilities Procedure, Training Plan, Or Active Welder Qualification Has Previously Been Approved By The Navy For Other Contracts, A Copy Of The Original Approval Letter May Be Submitted Along With The Applicable documentation To Expedite The Approval Process. The Approval Letter Must Reference The Applicable Documentation. Prior Approval Does Not Guarantee Acceptance For This Or Any Future Contracts. The Contractor's Fabrication Plan, Facilities Procedure, Training plan, And Active Welder Qualification Must Be Submitted At The Same Time As The Applicable Welding Procedure(s) And Weld Procedure Qualification Data. All Documentation Must Be Submitted In A Commercially Available Electronic Format, Such As Adobe Acrobat Pdf. 3.19.11 See Cdrl Di-misc-80678 (consumed Weld Metal) - A Certificate Of Compliance Is Required For All Weld Filler Metals Used For Production Or Repair Welding, And Must Include The Following: a) Filler Metal Lot Number(s) b) Specification And Type c) A Positive Statement That The Vendor Has Obtained Oqe And Verified That Each Lot Of Weld Filler Material Conforms To Specification Requirements. d) A Positive Statement Verifying That The Weld Filler Metals Were The Correct Material Type Or Grade Prior To Consumption. 3.19.12 When Production Welds Or Repair Welds Are Performed By A Subcontractor, The Requirement For Submission Of All Certification Documentation Required Herein Must Be Passed Down To The Subcontractor. 3.20 First Article Test/inspection (government) - ;destructive; - The Contractor Shall Deliver ;one (1); Unit(s) To ;receiving Officer Portsmouth Naval Shipyard, Building 240, Code 240. (207-438-5445) Kittery, Me 03904-5000; For First Article Tests In Accordance With The ;requirements Of Mil-dtl-24231, Table I For Type Iv And Note 21 On Drawing 803-1197258; . 3.21 Quality System Requirements - The Contractor Furnishing Items Under This Contract/purchase Order Must Provide And Maintain A Quality System In Accordance With Iso-9001 As Amplified Or Modified Herein, With The Calibration System Requirements Of Iso-10012 or Ansi-z540.3 With Iso-17025. A Quality System In Accordance With Mil-i-45208, With The Calibration System Requirements Of Mil-std-45662, Is Acceptable As An Alternate. 3.21.1 The Contractor's Quality System And Products Supplied Under The System Are Subject To Evaluation, Verification Inspection, And Acceptance/nonacceptance By The Government Representative To Determine The System's Effectiveness In Meeting The Quality requirements Established In The Contract/purchase Order. 3.21.2 The Contractor's Quality System Must Be Documented And Must Be Available For Review By The Contracting Officer Or His Representative Prior To Initiation Of Production And Throughout The Life Of The Contract. The Prime Contractor Must, Upon notification, Make His Facilities Available For Audit By The Contracting Officer Or His Authorized Representative. 3.21.3 See Cdrl Di-qcic-81110 (inspection System Procedures) - All Suppliers Of Level I/subsafe (li/ss) Material Are Required To Submit A Copy Of Their Current Documented Quality System Procedures To The Procurement Contracting Officer (pco) Prior To Award Of any Contract/purchase Order. Suppliers That Have A Copy Of Their Current Quality System Procedures On File At The Procuring Activity May Request The Pco Waive This Requirement. 3.21.4 This Contract Provides For The Performance Of Government Quality Assurance At Source. The Place Or Places Of Performance May Not Be Changed Without The Authorization Of The Procurement Contracting Officer. Upon Receipt Of This Order, Promptly notify The Government Representative Who Normally Services Your Plant So That Appropriate Planning For Government Inspection Can Be Accomplished. If You Do Not Have An Assigned Government Representative, Notify The Nearest Defense Contract Management Agency (dcma) Office. In The Event That A Local Government Representative Or Dcma Office Cannot Be Located, Our Purchasing Agent Should Be Notified Immediately. 3.21.5 Any Changes Made By The Contractor To A Qualified Quality System Will Require Re-submittal To The Pco And Concurrence By The Government Quality Assurance Representative Prior To Adoption. 3.22 Contractor Inspection Requirements - The Contractor Must Maintain Adequate Records Of All Inspections And Tests. The Records Must Indicate The Nature And Number Of Observations Made, The Number And Type Of Deficiencies Found, The Quantities Approved And rejected And The Nature Of Corrective Action Taken As Appropriate. Inspection Records Must Be Traceable To The Material Inspected. 3.22.1 The Supplier's Gages, Measuring And Test Equipment Must Be Made Available For Use By The Government Representative When Required To Determine Conformance With Contract Requirements. When Conditions Warrant, The Supplier's Personnel Must Be Made available For Operations Of Such Devices And For Verification Of Their Accuracy And Condition. 3.22.2 All Documents And Reference Data Applicable To This Contract Must Be Available For Review By The Government Representative. Copies Of Documents Required For Government Inspection Purposes Must Be Furnished In Accordance With The Instructions Provided by The Government Representative. 3.23 Subcontractor Inspection Requirements - The Government Has The Right To Inspect At Source, Any Supplies Or Services That Were Not Manufactured Or Performed Within The Contractor's Facility. Such Inspection Can Only Be Requested By Or Under Authorization of The Government Representative. Any Purchasing Documents To A Subcontractor Must Cite The Applicable Portions Of The Contractually Invoked Quality System (e.g. Calibration Requirements), Plus Any Product Requirements That Apply To The Supplies Being purchased. When The Government Elects To Perform Source Inspection At The Subcontractor's Facility, Applicable Purchase Documents Must Be Annotated With The Following Statement: "a Government Inspection Is Required Prior To Shipment From Your Plant. Upon receipt Of This Order, Promptly Notify The Government Representative Who Normally Services Your Plant So That Appropriate Planning For Government Inspection Can Be Accomplished. If You Do Not Have An Assigned Government Representative, Notify The Nearest defense Contract Management Agency (dcma) Office. In The Event That A Local Government Representative Or Dcma Office Cannot Be Located, Our Purchasing Agent Should Be Notified Immediately." 3.23.1 The Prime Contractor's Program Must Include Procedures To Assess The Capability Of The Prospective Suppliers To Produce The Products Or Supply The Services In Accordance With The Contract, Prior To The Issuance Of Any Purchase Document. 3.23.2 Each Sub-tier Supplier Of Material Or Services For Items In Section 3 Of This Contract Must Be Subjected To A Periodic Review Or Audit By The Prime To Determine The Continued Capability Of The Supplier To Control The Quality Of The Products Or Services specified In The Purchase Order Or Contract. 3.23.3 The Prime Contractor Must Ensure That The Purchased Product Conformsto Specified Purchase Requirements And This Contract. The Type And Extent Of Control Applied To The Supplier And The Purchased Product Must Be Dependent Upon The Effect Of The purchased Product On The End Item Represented By This Contract. 3.23.4 The Prime Contractor Must Evaluate The Requirements Of The Contractand Select Suppliers Based On Their Ability To Supply The Product In Accordance With The Prime Contractor's Requirements And The Contract. Criteria For Selection And Evaluation Must Be established. Records Of This Effort Must Be Available For Review By The Government. 3.23.5 The Prime Contractor's Supplier Quality Assurance Program Must Provide For A Review Of Purchase Documents To Assure Applicable Quality Requirements Are Included Or Referenced In The Documentation For Compliance By The Supplier. 3.24 Government Furnished Material And/or Equipment (gfm/gfe) - When Material Or Equipment Is Furnished By The Government, The Contractor Must Develop Documented Control Procedures That Require At Least The Following: 3.24.1 Visual Examination Upon Receipt To Detect Damage During Transit. 3.24.2 Inspection For Completeness And Proper Type. 3.24.3 Verification Of Material Quality Received. 3.24.4 Periodic Inspection And Precautions To Assure Adequate Storage Conditions And To Guard Against Damage From Handling And Deterioration During Storage. 3.24.5 Functional Testing, Either Prior To Or After Installation, Or Both, As Required By The Contract To Determine Satisfactory Operation. 3.24.6 Identification And Protection From Improper Use Or Disposition. 3.24.7 Reporting To The Government, Any Gfm Or Gfe Property Found Damaged, Malfunctioning, Or Otherwise Unsuitable For Use. In The Event Of Damage Or Malfunction During Or After Installation, The Supplier Must Determine And Record Probable Cause And necessity For Withholding The Material From Use. 3.24.8 For Gfe Material, And As Required By The Terms Of The Bailment Agreement, The Supplier Must Establish Procedures For Adequate Storage, Maintenance, And Inspection Of Bailed Government Material. Records Of All Inspection And Maintenance Performed On bailed Property Must Be Maintained. 3.24.9 Material Returned To The Contractor Must Be Handled As Gfm. 3.25 Traceability And Certification Requirements - To Assure That Correct Materials Are Installed In Level I/subsafe Systems, It Is Imperative That Traceability Be Maintained From The Material To The Material Certification Test Report And Other Required objective Quality Evidence (oqe). The Material Certification Report Must Completely And Accurately Reflect That The Material Supplied Meets The Specified Requirements. Materials Requiring Traceability And Certification Data Are Identified Within Paragraph 3, section C Of This Contract/purchase Order. 3.25.1 The Following Provides The Minimum Requirements For Maintaining Material Traceability And Supplements The Requirements Specified In Di-misc-81020 And Elsewhere In The Contract/purchase Order. The Contractor Must Develop Written Procedures That implement The Material Control Requirements Stated Herein And Elsewhere In This Contract/purchase Order. 3.26 Material Traceability - The Certification Data Report Must Be Identified Through A Unique Traceability Number, Heat-lot Number, Or Heat-treat Number, As Applicable, Which Must Also Be Marked On The Material. This Traceability Marking On The Material Must provide Direct Traceability To The Material's Chemical Composition And Mechanical Properties Certification Data. For Material Produced By Batch, Continuous Cast, Or Continuous Pour Processes, Samples Must Be Taken No Less Than Once In Every Eight Hours Of operation For The Purpose Of Validating Proper Chemical Composition And Mechanical Properties. Traceability Must Be Maintained Through All Process Operations Including Any Subcontracted Operations, To The Finished Component. 3.26.1 Material Marking For Traceability And Identification - The Following Are The Minimum Marking Requirements. Additional/alternate Marking Requirements, If Applicable, Will Be Specified Elsewhere In The Contract/purchase Order. In Addition To The marking Requirements On Applicable Drawings And/or Specifications, Marking For Traceability Is Required. All Traceability Markings Must Be Permanently Applied In Accordance With Mil-std-792 (except As Specified Below). An Alternate Marking Method Is permissible Provided It Is An Available Option In The Contractually Invoked Specification Or Drawing, Except In Instances Where The Material Has Been Modified By This Contract/purchase Order And Differs From That Specified In The Specification Or Drawing. 3.26.2 Traceability Markings For Items With Precision Machined Or Plated Surfaces, Or Material With Suitable Marking Surface Areas Less Than 3/8 Inches Square (either 3/8" X 3/8" Or An Area Equal To 0.1406 Inches Square) Must Be Applied To A Durable Tag And the Tag Securely Affixed To The Material. 3.26.3 Traceability Markings Must Be Maintained Through Assembly, And Whenever Possible Must Be Visible After Assembly. For Items Where The Marking Is Not Visible After Assembly, A Durable Tag Must Be Securely Attached To The Assembly Identifying The Part number, Piece Number, Traceability Number, And The Location Of The Permanent Mark. 3.26.4 Marking Must Be Legible And Must Be Located So As To Not Affect The Form, Fit, And Function Of The Material. ; ; 3.27 See Cdrl Di-misc-81020 (chemical And Mechanical) - Material Certification - In Addition To The Certification Data Requirements Specified In Di-misc-81020, The Following Material Certification Requirements Apply: 3.27.1 Quantitative Chemical And Mechanical Analysis Of Material Traceable To Traceability Markings Is Required. Material Certification Test Reports Must Include The Class, Form, Condition, Grade, Type, Finish, And/or Composition, As Applicable, Of The material Supplied. 3.27.2 Re-identification And Re-certification Of Material Is Required When The Material Is Subjected To A Process Which Alters It's Properties. If The Starting Material Or Raw Stock Is Processed In A Manner That Will Not Affect Its Chemical Composition Or mechanical Properties, The Original Certifications For The Chemical Composition And Mechanical Properties, As Required By The Material Specification, Are Acceptable. Re-certification Of The Chemical Or Mechanical Properties Is Required If A Process Is Used during Fabrication That Alters The Original Properties Of The Material (e.g. Alloying, Heat Treating, Or Forming). In These Instances, The Properties Of The Material Must Be Re-determined And Documented To Reflect The Altered Condition. The Altered Material must Be Uniquely Re-identified. The Properties Thus Determined And Documented, Are Required For Final Certification And Must Conform To The Material Specification Or The Contract/purchase Order Requirements. When Only The Mechanical Properties Are Altered, the Original Certification Forchemical Composition Must Be Overstamped And Annotated With The Unique Traceability Material And At A Minimum Contain The Information Below. traceability Marking ________________________________________________ (marking On Finished Item) is Fabricated From Raw Material Identified To heat/lot Number ______________ And Heat Treat Number _____________________ (when Applicable) _________________________________________ Date _____________________ (name And Signature Of Auth. Co. Rep.) 3.27.3 Material Certification Data Forwarded By The Manufacturer Must Contain A Signed Certification That The Report Results Represent The Actual Attributes Of The Material Furnished And Indicate Full Compliance With All Applicable Specification And Contract requirements. Transcription Of Certification Data Is Prohibited. 3.27.4 Statements On Material Certification Documents Must Be Positive And Unqualified. Disclaimers Such As "to The Best Of Our Knowledge" Or "we Believe The Information Contained Herein Is True" Are Not Acceptable. 3.27.5 If Material Is Received Without The Required Certification Papers Or With Incorrect/missing Data On The Certification Papers, The Material Will Be Rejected. 3.28 Material Handling - The Written Material Control Process Must Include The Following: 3.28.1 All Raw Materials Must Have Traceability Markings (except As Specified Below). 3.28.2 Stored Raw Materials Requiring Traceability Must Be Segregated To Preclude Intermingling With Materials Not Requiring Traceability. 3.28.3 When Traceability Markings Will Be Removed By A Manufacturing Or Fabrication Process, The Marking Must Be Recorded Prior To Removal And Be Immediately Restored Upon Completion Of The Process. If This Cannot Be Done Or Is Impractical, An Appropriate material Control Procedure (such As A Bag And Tag, Tagging, And/or Tote Box Control) Must Be Employed. The Material Control Procedure Must Provide A Method Of Positive Control To Preclude Commingling Of Heats/lots Or Loss Of Traceability. The Traceability marking Must Be Reapplied Upon Completion Of The Final Manufacturing Process. 3.28.4 Brazing Or Weld Filler Metals For Strength Welds Forming Or Integral With Pressure Containing Components Or Assemblies Requiring Traceability Must Be Verified To Be The Correct Material, And Type Or Grade, As Applicable, Prior To Consumption. At A minimum, Material Verification Must Consist Of Inspection Of Material Test Reports For Conformance To Specified Requirements. Control Of Welding And Brazing Filler Metals Must Be Maintained To The Point Of Consumption To Assure Use Of The Correct Type And grade. Markings And Traceability Requirements Do Not Apply To Brazing And Weld Filler Metals After Consumption. It Is The Responsibility Of The Prime Contractor To Ensure Conformance With The Above Requirements On Welds Performed By Their Subcontractors. 3.28.5 Purchase Orders For Raw Material Must Specify That The Material Be Traceable To Material Certification Test Reports By Traceability Markings On The Material And Identified On The Test Reports. The Certification Data Requirements Contained In di-misc-81020 Must Be Invoked By The Prime Contractor On All Subcontractors Supplying Level I Material. 3.28.6 The Material Control Process Must Include Requirements For The Maintenance Of Traceability For Items Sent Out For Subcontracted Operations. If Such Operations Would Remove Traceability Markings, Purchase Or Work Orders Must Specify A Method And Marking location For Remarking. The Contractor Must Also Ensure That Subcontractor Production Controls Are Adequate To Preclude Commingling Of Materials During Processing. 3.29 Receiving Inspection - 3.29.1 Products And Services Produced By Sub-tier Suppliers For Incorporation In The Contract End Item Must Be Subject To Inspection Or Audit At The Time Of Receipt By The Prime Prior To Further Processing Within The Prime Contractor's Plant Or Shipment To another Location. 3.29.2 Receiving Inspection Must Include As A Minimum - verification That The Traceability Marking On The Material Agrees With That On The Certification Test Reports. verification That Certification Test Reports Are Legible And Complete. verification That The Contents Of The Certification Test Reports Are In Compliance With The Contractually Invoked Specifications And Requirements. 3.30 Discrepancy Reporting - 3.30.1 Nonconforming Products From Sub-tier Suppliers Must Be Identified And Processed In Accordance With The Prime Contractor's Procedures For Controlling Nonconforming Products. The Prime Contractor Must Report The Receipt Of Any Nonconforming Products To the Responsible Sub-tier Supplier In Accordance With Established Procedures. Nonconforming Material Records Must Be Maintained And Available For Review By The Government Quality Assurance Representative (qar). 3.31 Final Inspection - The Following Inspections Must Be Performed Prior To Government Inspection And Acceptance. 3.31.1 Material Sampling - Material Must Be Inspected For Form, Fit, And Function. Lot Acceptance Must Be Based On Zero Defects And Lot Rejection Based On One Defect. The Sample Size Must Be In Accordance With The Sampling Plan(s) In The Applicable Military specification Or Standard, Federal Specification Or Standard, Or Drawing To Which The Material Was Manufactured. In The Absence Of Such Sampling Plans, Sampling Inspection Must Be Per Ansi/asq-z1.4, General Inspection Level Ii (for Sample Size Selection Code), table Iia (for Sample Size). small Lot Sizes - For Lot Sizes Of Fifty Or Less, The Minimum Sample Size Must Be Eight Units. For Lot Sizes Of Eight Or Less, The Sample Size Must Be One Hundred Percent Of The Lot. 3.31.2 The Manufacturer May Elect To Use Statistical Process Control (spc) To Assure Product Quality In Lieu Of The Above Attribute Sampling Plan, Provided That The Spc Methodology/system Used Provides Acceptable Products To The Government. However, The government/navy Receipt Inspection Activity May Perform Their Acceptance Inspection Of The Material Using The Attribute Sampling Plan Outlined Above. 3.31.3 All Data Concerning Material Verification (chemical, Mechanical Or Physical Properties), Traceability (material Certifications To Material Marking), And Nondestructive Test (ndt) Certifications For Material Must Be 100% Inspected. The Certification test Reports Must Also Be 100% Inspected For Completeness And Legibility. 3.31.4 All Material Requiring Traceability Must Be 100% Inspected For Traceability Marking And That The Marking Is Legible. 3.32 See Cdrl Di-misc-80678 (special Emphasis C Of C) - The Certificate Of Compliance Must Show Traceability To The Marking Applied On Each Individual Item, And Must Contain The Following Information: 1. Contractor's Name, Address And Date. 2. The Contract/purchase Order Number (for Example: N00104-11-p-fa12) 3. The National Stock Number (nsn). The 18 Character National Stock Number For Special Emphasis Material Includes The Two Digit Cog, The Four Digit Fsc, The 9 Digit Niin, And The Two Digit Smic (for Example: 1h 4820 012345678 L1) ("n/a" When Not Applicable). 4. Lubricants, Sealants, Anti-seize, And/or Thread Locking Compounds ("n/a" When Not Applicable). 5. Certification That O-rings, Packing, Gaskets, Or Other Elastomeric Products Were Installed In A Compressed State Within An Assembly Or Sub-assembly, Prior To Expiration Of The Shelf Life ("n/a" When Not Applicable). 6. Manufacturer's Compound Number ("n/a" When Not Applicable). 7. When Weld Procedure Submittal Is Required By The Contract, A Statement That The Approval Date Of The Qualification Data Precedes Any Production Or Repair Welding Performed On This Contract. ("n/a" When Not Applicable). 8. A Statement To The Effect That All Items Furnished On This Contract Are In Full Compliance With The Specifications And Requirements And List Each Contractually Invoked Conformance/compliance Test Performed By Name And That It Was Performed satisfactorily. 9. Contractor's Or Authorized Personnel's Signature. 4. Quality Assurance 4.1 Notes To Dcma Qar And The Contractor - 4.1.1 Dcma Qar And The Contractor For Proprietary Designs - Departures From Contractor Imposed Requirements, Not Specifically Covered By The Contract, Must Be Judged Individually On The Basis Of The Effect, If Any, On Contractual Requirements. When There Is A disagreement Between The Contractor And The Government Representative As To The Effect On Contractual Requirements, The Departure Must Be Considered A Nonconformance And Be Submitted To The Pco For Disposition. 4.1.2 Dcma Qar And The Contractor For Proprietary Designs - All Records Of Departures From Contractor Imposed Requirements Must Be Maintained And Available For Review At The Contractor's Facility. A Copy Must Be Given To The Local Government Representative. A record Of These Departures, Traceable To The Applicablepart Number And Contract Number Must Be Submitted To The Pco. 4.1.3 Dcma Qar And The Contractor For Proprietary Designs - For Proprietary Designs, The Contractor's Part Numbers Are Acceptable For Reference Only. The Delivered Material Must Conform To All Drawings, Specifications, And Other Contractual Requirements. 4.1.4 Dcma Qar - It Is The Responsibility Of Dcma Qar To Review Non-destructive Testing (ndt) Procedures For Navsup Contracts/purchase Orders. 4.1.5 Dcma Qar And The Contractor - The Ecds (electronic Contractor Data Submission) System Is Available For Certain Data Submissions And To Submit Questions And Clarifications, And Waiver Requests On Contracts And Solicitations. Ecds Can Be Found At: https://register.nslc.navy.mil/ 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Must Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Several Definitions Of Terms That Apply To Csi Items Are Listed Below. All Terms May Not Apply To Every Item. 6.1.1 The Ecds (electronic Contractor Data Submission) System Is At: Https://register.nslc.navy.mil/ This Application Will Require Advance Registration Using A Pki Digital Certificate On A Cac. A Vendor User Guide Is Available As Csd001 In The Csd (contract Support Document) Library Within Ecds. 6.1.2 Critical Safety Item (csi) - Any Ship Part, Assembly, Or Support Equipment Containing A Critical Characteristic Whose Failure, Malfunction, Or Absence Of Which Could Cause A Catastrophic Or Critical Failure Resulting In Loss Of, Or Serious Damage To The ship, Or Unacceptable Risk Of Personal Injury Or Loss Of Life. 6.1.3 Critical Process - As Determined By The Twh, Any Process, Operation Or Action Performed On A Ship Csi That Serves To Establish A Critical Characteristic (such As Welding, Soldering, Machining, Polishing, Cleaning, Or Assembling) Or Confirm That A critical Characteristic Is Within Drawing Or Specification Compliance (such As, Testing, Measurement, Or Non-destructive Evaluation). 6.1.4 First Article - Pre-production Models, Initial Product Samples, Test Samples Produced To Ensure A Manufacturer's Capability To Meet Full Specification Requirements. 6.1.5 First Article Test (fat) - Contractually Required Testing And Inspection Of A Supplier's Pre-production, Production, Or "production Representative" Specimens To Evaluate A Manufacturer's Ability To Produce Conforming Product Prior To The Government's commitment To Receive Subsequent Production Items. First Article Testing Is Product Specific And Does Not Assess Manufacturing Process Controls Nor Does It Assure The Effectiveness Of The Manufacturer's Quality Program. 6.1.6 Government Source Inspection (gsi) - Gsi Is Independent Oversight Performed By A Government Representative Usually A Dcma Quality Assurance Representative (qar)) To Assure That Those Unique Product Quality And System Elements, Identified By The contracting Agency As Important, Are Observed And Evaluated. 6.1.7 Quality Assurance Letter Of Instruction (qali) - A Qali Is A Formal Document Initiated By A Contracting Activity That Provides Essential Requirements And Instructions For Contracted Materials To Be Independently Verified And Accepted By A Government representative Prior To Shipment. 6.1.8 Objective Quality Evidence (oqe) - The Quantitative And Qualitative Data Of All Mechanical, Chemical, And Performance Tests Performed (as Required By The Applicable Specification, Drawing, Or Purchase Document) To Prove That The Material Supplied conforms To The Specified Requirements. 6.1.9 Surface Discontinuity - Any Surface Irregularity, Marking, Or Localized Change In Physical Character Of The Surface, Other Than Dimensional, That Exists Infrequently At One Or Several Places. (examples: Burrs, Dents, Nicks, Scratches, Gouges, Pits, center-punches, Scribes, And Tool Marks) Surface Discontinuities Less Than 0.005-inch In Depth Are Acceptable Provided They Do Not Violate Any Other Design Requirements Specified In This Contract/purchase Order. 6.1.10 Traceability Code - A Code Or Number Providing Traceability To The Actual Chemical And Mechanical Properties Of The Specified Heat, Batch, Or Form From Which The Material Originated. 6.1.11 Verification - An Examination Performed To Determine Compliance With A Specific Requirement. 6.1.12 Nonconformance - A Nonconformance Is Defined As Affecting Or Violating The Following: - The Requirements Of This Contract/purchase Order. - Contractually Invoked Drawings (i.e. Envelope Dimensions, Interface Dimensions With Mating Parts/equipment, Center Of Gravity, Weights, Piece Part Identification, Material, Etc.). - Contractually Invoked Federal, Military, Or Commercial Specifications And/or Standards. - Form, Fit, Function, Performance To Contract Requirements, Reliability, Maintainability, Interchangeability, Safety Of Personnel Or Equipment, Or Additional Cost To The Government. 6.1.13 Waiver - A Written Authorization To Accept An Item, Which During Manufacture, Or After Having Been Submitted For Government Inspection Or Acceptance, Is Found To Depart From Specified Requirements, But Nevertheless Is Considered Suitable For Use As Is or After Repair By An Approved Method. 6.1.14 Deviation - A Specific Written Authorization (granted Prior To The Manufacture Of An Item) To Depart From A Particular Requirement(s) Of An Item's Current Approved Configuration Documentation For A Specific Number Of Units Or A Specified Period Of time, And To Accept An Item Which Is Found To Depart From Specified Requirements, But Nevertheless Is Considered Suitable For Use "as Is" Or After Repair By An Approved Method. 6.1.15 Critical Waiver/deviation - This Waiver/deviation Consists Of A Departure Involving Safety. 6.1.16 Major Waiver/deviation - This Waiver/deviation Consists Of A Departure Involving: - Performance - Interchangeability, Reliability, Survivability, Maintainability, Or Durability Of The Item Or Its Repair Parts - Health Or Safety - Effective Use Or Operation - Weight, Stability, Or Structural Integrity - System Design Parameters As Schematics, Flows, Pressures Or Temperatures - Compartment Arrangements Or Assigned Function 6.1.17 Minor Waiver/deviation - This Waiver/deviation Consists Of A Departure Which Does Not Involve Any Of The Factors Listed As Critical Or Major. 6.1.18 Engineering Change (ec) - A Change To The Current Approved Configuration Documentation Of A Configuration Item At Any Point In The Life Cycle Of The Item. 6.1.19 Engineering Change Proposal (ecp) - A Proposed Engineering Change And The Documentation By Which The Change Is Described, Justified, And Submitted To The Government For Approval Or Disapproval. 6.1.20 Class I Ecp - A Class I Ecp Is Approved By The Government's Configuration Control Board And Authorized With A Contract Modification. 6.1.21 Class Ii Ecp - A Class Ii Change Is Typically Reviewed For Concurrence In Classification By The Local Government Representative, Unless Otherwise Specified Elsewhere In The Contract/purchase Order. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. 6.2.1 There Are 7 (seven) Separate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.4 Recent Updates - A Short Description Of Recent Updates To The Technical Requirements Of This Item Are Listed Below, Along With An Implementation Date For Each Issue. The Notes Below Are Only A Generic Quick Reference And Are Provided For Convenience only, Detailed Requirements Will Be Defined Elsewhere In The Technical Sections Of This Contract/purchase Order. ;- 10/20/2016 - Updated Ecds Url - Feb 26 2009 - Clarified Testing And Certs Only Apply To Pieces Listed - Oct 29 2010 - Added Sampling Std For Li In-process Testing - Jun 28 2012 - Updated Ut Of Qq-n-286 Bar 4" And Over - Sep 30 2008 - Thread Inspection Requirements Were Clarified - Dec 20 2022 - Removed Requirement For Vender To Submit Waivers/deviations In Ecds - Jan 05 2012 - Added Wawf To Forward Approved Waivers/deviations With Final Oqe - Dec 17 2011 - Moved Quality Assurance Text Location For Readability - Apr 22 2009 - Added Evidence Of Dcma Observing Test Plate Welding & Ndt - Mar 18 2008 - Identify Applicable Weld Joints With Weld Procedures - Apr 15 2009 - Clarified The Sample Size For Large And Small Lot Sizes - Jan 19 2011 - Added Notification Of Dcma Upon Contract Award - May 02 2009 - Added Lubricants And Sealants To The C Of C - Aug 27 2014 - Took Out Contractor's Phone Number Requirement - Dec 01 2011 - Moved "notes To Dcma Qar" To Qa Section - Jan 5 2017 - Ecds/csd Info Was Added To Definitions In The Notes Section; date Of First Submission=asreq paragraph 10.4 Of Di-qcic-81110 Does Not Apply. date Of First Submission=asreq block 12 - Certification Data Must Be Submitted To Portsmouth Naval Shipyard For Review And Acceptance Prior To Each Shipment Of Material. Certification Documentation Must Be Submitted Via Wawf (wide Area Work Flow). enter In Wawf As Follows: "ship To" N50286 "inspect By" N39040 "accept By" N39040 and Email Notification Field: Port_ptnh_wawf_notification@navy.mil no Material Is To Be Shipped Prior To The Receipt Of Acceptance. date Of First Submission=asreq block 4 - Paragraphs 10.2.1, 10.2.2, 10.2.3, 10.3, And 10.4 Of Di-misc-80678 Do Not Apply. block 12 - Certification Data Must Be Submitted To Portsmouth Naval Shipyard For Review And Acceptance Prior To Each Shipment Of Material. Certification Documentation Must Be Submitted Via Wawf (wide Area Work Flow). enter In Wawf As Follows: "ship To" N50286 "inspect By" N39040 "accept By" N39040 and Email Notification Field: Port_ptnh_wawf_notification@navy.mil no Material Is To Be Shipped Prior To The Receipt Of Acceptance. date Of First Submission=asreq block 4 - Paragraphs 10.2.2, 10.2.3, 10.2.4, And 10.3 Of Di-misc-80678 Do Not Apply. block 12 - Certification Data Must Be Submitted To Portsmouth Naval Shipyard For Review And Acceptance Prior To Each Shipment Of Material. Certification Documentation Must Be Submitted Via Wawf (wide Area Work Flow). enter In Wawf As Follows: "ship To" N50286 "inspect By" N39040 "accept By" N39040 and Email Notification Field: Port_ptnh_wawf_notification@navy.mil no Material Is To Be Shipped Prior To The Receipt Of Acceptance. date Of First Submission=asreq block 12 - Within 120 Days After Contract Award, Submit One Copy Of The Welding Procedure (for Info) With The Qualification Data (for Approval/disapproval). Approval Must Be Obtained Prior To Performing Any Welding. this Review (approval/disapproval) Must Be Within 90 Days From Date Of Receipt. date Of First Submission=asreq block 12 - Within 120 Days After Contract Award, Submit One Copy Of The Welding Procedure (for Info) With The Qualification Data (for Approval/disapproval). Approval Must Be Obtained Prior To Performing Any Welding. this Review (approval/disapproval) Must Be Within 90 Days From Date Of Receipt. date Of First Submission=asreq block 4 - Paragraphs 10.2.1, 10.2.2, 10.2.3, 10.3, And 10.4 Of Di-misc-80678 Do Not Apply. block 12 - Certification Data Must Be Submitted To Portsmouth Naval Shipyard For Review And Acceptance Prior To Each Shipment Of Material. Certification Documentation Must Be Submitted Via Wawf (wide Area Work Flow). enter In Wawf As Follows: "ship To" N50286 "inspect By" N39040 "accept By" N39040 and Email Notification Field: Port_ptnh_wawf_notification@navy.mil no Material Is To Be Shipped Prior To The Receipt Of Acceptance. date Of First Submission=asreq block 12 - See Clause 52.209-3 For Submittal Timeframes.

Description: Item Unique Identification And Valuation (jan 2023)|19|||||||||||||||||||| higher-level Contract Quality Requirement (navicp Review Feb 1991)(feb 1999)|1|see Specification Sections C And E.| inspection Of Supplies--fixed-price (aug 1996)|2||| desired And Required Time Of Delivery (june 1997)|29|0001aa|9 Ea|548|0001ab|10 Ea|548 Days|||||||||||||||||||||||| stop-work Order (aug 1989)|1|| general Information-fob-destination|1|b| wide Area Workflow Payment Instructions (jan 2023)|16|stand-alone Receiving Report- Certifications Combo- Receiving Report & Invoice- Material|n/a|tbd|n00104|tbd|n39040 - Certifications, S4306a - Material |n50286|tbd|133.2|n/a|n/a|n39040 - Certifications |n/a|n/a |n/a|port_ptnh_wawf_notification@navy.mil| navy Use Of Abilityone Support Contractor - Release Of Offeror Information (3-18))|1|| equal Opportunity (sep 2016)|2||| integrity Of Unit Prices (nov 2021)|1|| warranty Of Supplies Of A Noncomplex Nature (june 2003)|6|one Year From Date Of Delivery |one Year From Date Of Delivery||||| warranty Of Data--basic (mar 2014)|2||| small Business Subcontracting Plan (sep 2023)|4||||| equal Opportunity For Workers With Disabilities (jun 2020)|2||| transportation Of Supplies By Sea (oct 2024)|2||| first Article Approval--government Testing (sep 1989)|7|1|0001aa |200|receiving Officer Portsmouth Naval Shipyard, Building 240, Code 270.4(207-438-5898) Kittery Maine, 03904|30|x|| buy American-free Trade Agreements-balance Of Payments Program-basic (feb 2024)|11|||||||||||| progress Payments (nov 2021)|4||||| list Of Award Attachments|5|||||| alternate A, Annual Representations And Certifications (oct 2024)|13|||||||||||||| buy American-free Trade Agreements-balance Of Payments Program Certificate-basic (feb 2024))|5|||||| buy American-balance Of Payments Program Certificate-basic (feb 2024)|1|| royalty Information (apr 1984)|1|| annual Representations And Certifications (may 2024)|13|336612|1000|||||||||||| type Of Contract (apr 1984)|1|firm Fixed Price| alterations In Solicitation (apr 1984)|3|||| notice Of Priority Rating For National Defense, Emergency Perpardeness, And Enrgy Progam Use (april 2008))|2||x| provision 252.204-7024 Is Hereby Removed From This Solicitation. This Is Not An Evaluation Factor For Award. \ this Solicitation Requires First Article Testing see Far 52.209-4 For More Details. dd1423 Data Item A001 May Be Waived If Already On File At Navsup Wss Mechanicsburg. any Contract Awarded As A Result Of This Solicitation Will Be"do" Rated Order Certified For National Defense Use Under The Defense Priorities Andallocations System (dpas). if Drawings Are Included In The Solicitation, Access Needs To Berequested On The Individual Solicitation Page On Contractsopportunities On The Government's Sam Website. Afterrequesting Access, Send An Email To The Primary Poc Listed Onthe Solicitation. this Requirement Requires Access To Noforn And/or Navalnuclear Propulsion Information. See Local Text Wsstermhz12for Further Information. If You Wish To Obtain A Copy Of Thedrawings, Please Download The Security Agreement Form Fromsam.gov And Email The Completed, signed Form To Scott.r.youngblood2.civ@us.navy.mil. \ 1. Scope 1.1 The Material Covered In This Contract/purchase Order Will Be Used In A Crucial Shipboard System. The Use Of Incorrect Or Defective Material Would Create A High Probability Of Failure Resulting In Serious Personnel Injury, Loss Of Life, Loss Of Vital shipboard Systems, Or Loss Of The Ship Itself. Therefore, The Material Has Been Designated As Special Emphasis Material (level I, Scope Of Certification, Or Quality Assured) And Special Control Procedures Are Invoked To Ensure Receipt Of Correct Material. 2. Applicable Documents 2.1 Order Of Precedence - In The Event Of A Conflict Between The Text Of This Contract/purchase Order And The References And/or Drawings Cited Herein, The Text Of This Contract/purchase Order Must Take Precedence. Nothing In This Contract/purchase Order, however, Must Supersede Applicable Laws And Regulations Unless A Specific Exemption Has Been Obtained. 2.2 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.2.1 Specification Revisions - The Specification Revisions Listed Under "documents References" Below Are The Preferred Revision. Older And/or Newer R Evisions Are Acceptable When Listed Within Contract Support Library Reference Number Csd155 In Ecds (electric contractor Data Submission) At: Ht Tps://register.nslc.navy.mil/. This Is To Allow Contractors To Use Certain Acceptable Older Specification Revisions To Purge Their Existing Stock Of Material Certified To Those Older Revisions Or To Use Newer Specification revisions When Material Is Certified To Newly Released Revisions,without Requiring The Submittal Of Waiver/deviation Requests For Each Specification Revision On Every Contract. Revisions Of Specifications Reflecting Editorial And/or Re-approval (e.g. E2009, r2014, Etc.) Are Considered Inconsequential, But Are Acceptable When Their Revisions Are Listedwithin Csd155 Or Elsewhere Within This Contract. 2.2.2 Documents, Drawings, And Publications Supplied Are Listed Under "drawing Number". These Items Should Be Retained Until An Award Is Made. 2.2.3 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. drawing Data=eb-2937 |96169| B|sp |d|0001 | B|49998|0568465 drawing Data=eb-2937 |96169| B|sp |d|0002 | B|49998|0262311 drawing Data=eb-2937 |96169| B|sp |d|0003 | B|49998|0457001 drawing Data=eb-2937 |96169| B|sp |d|0004 | B|49998|0494479 drawing Data=eb-2937 |96169| B|sp |d|0005 | B|49998|0557624 drawing Data=eb-2937 |96169| B|sp |d|0006 | B|49998|0572669 drawing Data=eb-2937 |96169| B|sp |d|0007 | B|49998|0588302 drawing Data=eb-2937 |96169| B|sp |d|0008 | B|49998|0487356 drawing Data=eb-2937 |96169| B|sp |d|0009 | B|49998|0641401 drawing Data=eb-2937 |96169| B|sp |d|0010 | B|49998|0609048 drawing Data=eb-2937 |96169| B|sp |d|0011 | B|49998|0332061 drawing Data=h261-0102d74 |53711| A|er |d|0001 | |00026|0000000 drawing Data=h621-0102a01 |53711| A|er |d|0001 | A|49998|0037852 drawing Data=h621-0102a01 |53711| A|er |d|0002 | A|49998|0022265 drawing Data=h621-0102a01 |53711| A|er |d|0003 | A|49998|0045427 drawing Data=h621-0102a01 |53711| A|er |d|0004 | A|49998|0032629 drawing Data=h621-0102a01 |53711| A|er |d|0005 | A|49998|0033163 drawing Data=h621-0102a01 |53711| A|er |d|0006 | A|49998|0041453 drawing Data=h621-0102a01 |53711| A|er |d|0007 | A|49998|0122787 drawing Data=h621-0102a01 |53711| A|er |d|0008 | A|49998|0075868 drawing Data=h621-0102a02 |53711| A|er |d|0001 | A|49998|0038259 drawing Data=h621-0102a02 |53711| A|er |d|0002 | A|49998|0014346 drawing Data=h621-0102a02 |53711| A|er |d|0003 | A|49998|0053725 drawing Data=h621-0102a02 |53711| A|er |d|0004 | A|49998|0063527 drawing Data=h621-0102a02 |53711| A|er |d|0005 | A|49998|0064236 drawing Data=h621-0102a02 |53711| A|er |d|0006 | A|49998|0037645 drawing Data=h621-0102a02 |53711| A|er |d|0007 | A|49998|0036363 drawing Data=h621-0102a02 |53711| A|er |d|0008 | A|49998|0037448 drawing Data=h621-0102a02 |53711| A|er |d|0009 | A|49998|0039414 drawing Data=h621-0102a02 |53711| A|er |d|0010 | A|49998|0160700 drawing Data=h621-0102a02 |53711| A|er |d|0011 | A|49998|0134109 drawing Data=h621-0102a03 |53711| A|er |d|0001 | A|49998|0021078 drawing Data=h621-0102a03 |53711| A|er |d|0001.1 | A|49998|0019129 drawing Data=h621-0102a03 |53711| A|er |d|0001.2 | A|49998|0025775 drawing Data=h621-0102a03 |53711| A|er |d|0001.3 | A|49998|0039912 drawing Data=h621-0102a03 |53711| A|er |d|0001.4 | A|49998|0026761 drawing Data=h621-0102a03 |53711| A|er |d|0002 | A|49998|0057736 drawing Data=h621-0102a03 |53711| A|er |d|0003 | A|49998|0069402 drawing Data=h621-0102a03 |53711| A|er |d|0004 | A|49998|0052923 drawing Data=h621-0102a03 |53711| A|er |d|0005 | A|49998|0044205 drawing Data=h621-0102a03 |53711| A|er |d|0006 | A|49998|0053927 drawing Data=h621-0102a03 |53711| A|er |d|0007 | A|49998|0039873 drawing Data=h621-0102a03 |53711| A|er |d|0008 | A|49998|0047671 drawing Data=h621-0102a03 |53711| A|er |d|0009 | A|49998|0042694 drawing Data=h621-0102a03 |53711| A|er |d|0010 | A|49998|0039885 drawing Data=h621-0102a03 |53711| A|er |d|0011 | A|49998|0044703 drawing Data=h621-0102a03 |53711| A|er |d|0012 | A|49998|0042919 drawing Data=h621-0102a03 |53711| A|er |d|0013 | A|49998|0037692 drawing Data=h621-0102a03 |53711| A|er |d|0014 | A|49998|0039760 drawing Data=h621-0102a03 |53711| A|er |d|0015 | A|49998|0041011 drawing Data=h621-0102a03 |53711| A|er |d|0016 | A|49998|0048557 drawing Data=h621-0102a03 |53711| A|er |d|0017 | A|49998|0014830 drawing Data=h621-0102a03 |53711| A|er |d|0018 | A|49998|0013294 drawing Data=h621-0102a03 |53711| A|er |d|0019 | A|49998|0166561 drawing Data=h621-0102a03 |53711| A|er |d|0020 | A|49998|0139744 drawing Data=h621-0102a03 |53711| A|er |d|0021 | A|49998|0189793 drawing Data=h621-0102a03 |53711| A|er |d|0022 | A|49998|0139891 drawing Data=h621-0102a03 |53711| A|er |d|0023 | A|49998|0121265 drawing Data=h621-0102a03 |53711| A|er |d|0024 | A|49998|0105221 drawing Data=h621-0102a03 |53711| A|er |d|0025 | A|49998|0114189 drawing Data=h621-0102a03 |53711| A|er |d|0026 | A|49998|0198610 drawing Data=h621-0102a03 |53711| A|er |d|0027 | A|49998|0115665 drawing Data=h621-0102a03 |53711| A|er |d|0028 | A|49998|0083415 drawing Data=h621-0102a05 |53711| A|er |d|0001 | A|49998|0034604 drawing Data=h621-0102a05 |53711| A|er |d|0001.1 | A|49998|0012203 drawing Data=h621-0102a05 |53711| A|er |d|0002 | A|49998|0064744 drawing Data=h621-0102a05 |53711| A|er |d|0003 | A|49998|0127671 drawing Data=h621-0102a108 |53711| A|er |d|0001 | A|49998|0918547 drawing Data=h621-0102a11 |53711| A|er |d|0001 | A|49998|0043094 drawing Data=h621-0102a11 |53711| A|er |d|0001.1 | A|49998|0018658 drawing Data=h621-0102a11 |53711| A|er |d|0002 | A|49998|0060012 drawing Data=h621-0102a11 |53711| A|er |d|0003 | A|49998|0035375 drawing Data=h621-0102a11 |53711| A|er |d|0004 | A|49998|0055587 drawing Data=h621-0102a11 |53711| A|er |d|0005 | A|49998|0037265 drawing Data=h621-0102a11 |53711| A|er |d|0006 | A|49998|0039785 drawing Data=h621-0102a11 |53711| A|er |d|0007 | A|49998|0041585 drawing Data=h621-0102a11 |53711| A|er |d|0008 | A|49998|0036148 drawing Data=h621-0102a11 |53711| A|er |d|0009 | A|49998|0208132 drawing Data=h621-0102a121 |53711| A|er |d|0001 | A|49998|0709114 drawing Data=h621-0102a125 |53711| A|er |d|0001 | A|49998|0435504 drawing Data=h621-0102a168 |53711| A|er |d|0001 | A|49998|1501235 drawing Data=h621-0102a17 |53711| A|er |d|0001 | A|49998|0037341 drawing Data=h621-0102a17 |53711| A|er |d|0001.1 | A|49998|0019205 drawing Data=h621-0102a17 |53711| A|er |d|0002 | A|49998|0066302 drawing Data=h621-0102a17 |53711| A|er |d|0003 | A|49998|0062923 drawing Data=h621-0102a17 |53711| A|er |d|0004 | A|49998|0126037 drawing Data=h621-0102a188 |53711| A|er |d|0001 | |49998|1432274 drawing Data=h621-0102a22 |53711| C|er |d|0001 | |49998|0855198 drawing Data=h621-0102a22 |53711| C|er |d|0001.1 | B|49998|0028535 drawing Data=h621-0102a22 |53711| C|er |d|0001.2 | B|49998|0033887 drawing Data=h621-0102a22 |53711| C|er |d|0001.3 | B|49998|0012002 drawing Data=h621-0102a22 |53711| C|er |d|0002 | B|49998|0077551 drawing Data=h621-0102a22 |53711| C|er |d|0003 | B|49998|0038816 drawing Data=h621-0102a22 |53711| C|er |d|0004 | B|49998|0120742 drawing Data=h621-0102a22 |53711| C|er |d|0005 | B|49998|0068506 drawing Data=h621-0102a22 |53711| C|er |d|0006 | B|49998|0120902 drawing Data=h621-0102a39 |53711| A|er |d|0001 | A|49998|0043492 drawing Data=h621-0102a39 |53711| A|er |d|0001.1 | A|49998|0033724 drawing Data=h621-0102a39 |53711| A|er |d|0002 | A|49998|0062801 drawing Data=h621-0102a39 |53711| A|er |d|0003 | A|49998|0071199 drawing Data=h621-0102a48 |53711| B|er |d|0001 | B|49998|0037377 drawing Data=h621-0102a48 |53711| B|er |d|0001.1 | B|49998|0024643 drawing Data=h621-0102a48 |53711| B|er |d|0001.2 | B|49998|0022539 drawing Data=h621-0102a48 |53711| B|er |d|0001.3 | B|49998|0027931 drawing Data=h621-0102a48 |53711| B|er |d|0001.4 | B|49998|0036544 drawing Data=h621-0102a48 |53711| B|er |d|0002 | B|49998|0071446 drawing Data=h621-0102a48 |53711| B|er |d|0003 | B|49998|0035428 drawing Data=h621-0102a48 |53711| B|er |d|0004 | B|49998|0039985 drawing Data=h621-0102a50 |53711| A|er |d|0001 | A|49998|0041731 drawing Data=h621-0102a50 |53711| A|er |d|0001.1 | A|49998|0029231 drawing Data=h621-0102a50 |53711| A|er |d|0001.2 | A|49998|0036383 drawing Data=h621-0102a50 |53711| A|er |d|0002 | A|49998|0054429 drawing Data=h621-0102a50 |53711| A|er |d|0003 | A|49998|0030654 drawing Data=h621-0102a50 |53711| A|er |d|0004 | A|49998|0061856 drawing Data=h621-0102a50 |53711| A|er |d|0005 | A|49998|0057108 drawing Data=h621-0102a50 |53711| A|er |d|0006 | A|49998|0056135 drawing Data=h621-0102a50 |53711| A|er |d|0007 | A|49998|0060035 drawing Data=h621-0102a50 |53711| A|er |d|0008 | A|49998|0059823 drawing Data=h621-0102a50 |53711| A|er |d|0009 | A|49998|0023352 drawing Data=h621-0102a50 |53711| A|er |d|0010 | A|49998|0040524 drawing Data=h621-0102a50 |53711| A|er |d|0011 | A|49998|0051452 drawing Data=h621-0102a50 |53711| A|er |d|0012 | A|49998|0057922 drawing Data=h621-0102a50 |53711| A|er |d|0013 | A|49998|0022848 drawing Data=h621-0102a50 |53711| A|er |d|0014 | A|49998|0035871 drawing Data=h621-0102a50 |53711| A|er |d|0015 | A|49998|0038701 drawing Data=h621-0102a50 |53711| A|er |d|0016 | A|49998|0028302 drawing Data=h621-0102a50 |53711| A|er |d|0017 | A|49998|0088297 drawing Data=h621-0102a50 |53711| A|er |d|0018 | A|49998|0155682 drawing Data=h621-0102a50 |53711| A|er |d|0019 | A|49998|0124972 drawing Data=h621-0102a50 |53711| A|er |d|0020 | A|49998|0118121 drawing Data=h621-0102a50 |53711| A|er |d|0021 | A|49998|0077344 drawing Data=h621-0102a50 |53711| A|er |d|0022 | A|49998|0128466 drawing Data=h621-0102a51 |53711| A|er |d|0001 | A|49998|0040110 drawing Data=h621-0102a51 |53711| A|er |d|0001.1 | A|49998|0027168 drawing Data=h621-0102a51 |53711| A|er |d|0002 | A|49998|0060056 drawing Data=h621-0102a51 |53711| A|er |d|0003 | A|49998|0061789 drawing Data=h621-0102a52 |53711| A|er |d|0001 | A|49998|0039953 drawing Data=h621-0102a52 |53711| A|er |d|0001.1 | A|49998|0032355 drawing Data=h621-0102a52 |53711| A|er |d|0002 | A|49998|0062662 drawing Data=h621-0102a52 |53711| A|er |d|0003 | A|49998|0037395 drawing Data=h621-0102a52 |53711| A|er |d|0004 | A|49998|0035793 drawing Data=h621-0102a57 |53711| A|er |d|0001 | A|49998|0168427 drawing Data=h621-0102a71 |53711| A|er |d|0001 | A|49998|0169469 drawing Data=h621-0102a99 |53711| B|er |d|0001 | B|49998|5824730 drawing Data=h775-1512a1 |53711| A|er |d|0001 | |00026|0000000 drawing Data=h775-1512a10 |53711| A|er |d|0001 | |49998|1565029 drawing Data=h775-1512a2 |53711| A|er |d|0001 | |00026|0000000 drawing Data=h775-1512a3 |53711| A|er |d|0001 | |00026|0000000 drawing Data=h775-1512a4 |53711| A|er |d|0001 | |00026|0000000 drawing Data=h775-1512a5 |53711| A|er |d|0001 | |49998|0228403 drawing Data=h775-1512a6 |53711| A|er |d|0001 | |49998|0063013 drawing Data=h775-1512a7 |53711| A|er |d|0001 | |49998|0176895 drawing Data=h775-1512a8 |53711| A|er |d|0001 | |49998|0271962 drawing Data=h775-1512a9 |53711| A|er |d|0001 | |49998|0335202 drawing Data=6984052 |53711| D| |d|0001 | D|00026|0000000 drawing Data=6985426 |53711| A| |d|0000.a | A|49998|0035751 drawing Data=6985426 |53711| A| |d|0001 | A|49998|0074079 drawing Data=6985426 |53711| A| |d|0002 | A|49998|0062500 drawing Data=6985426 |53711| A| |d|0003 | A|49998|0008982 drawing Data=6985426 |53711| A| |d|0004 | A|49998|0010717 drawing Data=6985426 |53711| A| |d|0005 | A|49998|0030344 drawing Data=6985426 |53711| A| |d|0006.1 | A|49998|0061541 drawing Data=6985426 |53711| A| |d|0006.10 | A|49998|0022748 drawing Data=6985426 |53711| A| |d|0006.2 | A|49998|0061465 drawing Data=6985426 |53711| A| |d|0006.3 | A|49998|0055809 drawing Data=6985426 |53711| A| |d|0006.4 | A|49998|0059727 drawing Data=6985426 |53711| A| |d|0006.5 | A|49998|0059513 drawing Data=6985426 |53711| A| |d|0006.6 | A|49998|0023040 drawing Data=6985426 |53711| A| |d|0006.7 | A|49998|0040218 drawing Data=6985426 |53711| A| |d|0006.8 | A|49998|0051132 drawing Data=6985426 |53711| A| |d|0006.9 | A|49998|0057425 drawing Data=6985426 |53711| A| |d|0007.1 | A|49998|0024885 drawing Data=6985426 |53711| A| |d|0007.10 | A|49998|0037342 drawing Data=6985426 |53711| A| |d|0007.11 | A|49998|0032807 drawing Data=6985426 |53711| A| |d|0007.12 | A|49998|0037061 drawing Data=6985426 |53711| A| |d|0007.13 | A|49998|0036308 drawing Data=6985426 |53711| A| |d|0007.14 | A|49998|0040683 drawing Data=6985426 |53711| A| |d|0007.15 | A|49998|0028030 drawing Data=6985426 |53711| A| |d|0007.2 | A|49998|0038133 drawing Data=6985426 |53711| A| |d|0007.3 | A|49998|0037181 drawing Data=6985426 |53711| A| |d|0007.4 | A|49998|0035304 drawing Data=6985426 |53711| A| |d|0007.5 | A|49998|0035595 drawing Data=6985426 |53711| A| |d|0007.6 | A|49998|0035487 drawing Data=6985426 |53711| A| |d|0007.7 | A|49998|0032536 drawing Data=6985426 |53711| A| |d|0007.8 | A|49998|0038400 drawing Data=6985426 |53711| A| |d|0007.9 | A|49998|0042559 drawing Data=6985426 |53711| A| |d|0008.1 | A|49998|0029133 drawing Data=6985426 |53711| A| |d|0008.2 | A|49998|0046621 drawing Data=6985426 |53711| A| |d|0008.3 | A|49998|0014013 drawing Data=6985426 |53711| A| |d|0008.4 | A|49998|0012670 drawing Data=6985426 |53711| A| |d|0009 | A|49998|0088388 drawing Data=6985426 |53711| A| |d|0010 | A|49998|0157697 drawing Data=6985426 |53711| A| |d|0011 | A|49998|0138726 drawing Data=6985426 |53711| A| |d|0012 | A|49998|0189061 drawing Data=6985426 |53711| A| |d|0013 | A|49998|0134718 drawing Data=6985426 |53711| A| |d|0014 | A|49998|0123397 drawing Data=6985426 |53711| A| |d|0015 | A|49998|0118040 drawing Data=6985426 |53711| A| |d|0016 | A|49998|0113699 drawing Data=6985426 |53711| A| |d|0017 | A|49998|0118200 drawing Data=6985426 |53711| A| |d|0018 | A|49998|0071113 drawing Data=6985426 |53711| A| |d|0019 | A|49998|0068598 drawing Data=6985426 |53711| A| |d|0020 | A|49998|0116804 drawing Data=6985426 |53711| A| |d|0021 | A|49998|0075838 drawing Data=6985426 |53711| A| |d|0022 | A|49998|0097724 drawing Data=6985426 |53711| A| |d|0023 | A|49998|0069126 drawing Data=6985426 |53711| A| |d|0024 | A|49998|0155576 drawing Data=6985426 |53711| A| |d|0025 | A|49998|0143738 drawing Data=6985426 |53711| A| |d|0026 | A|49998|0127085 drawing Data=6985426 |53711| A| |d|0027 | A|49998|0123826 drawing Data=6985426 |53711| A| |d|0028 | A|49998|0109249 drawing Data=6985426 |53711| A| |d|0029 | A|49998|0121330 drawing Data=6985426 |53711| A| |d|0030 | A|49998|0087896 drawing Data=6985426 |53711| A| |d|0031 | A|49998|0124616 drawing Data=6985426 |53711| A| |d|0032 | A|49998|0234515 drawing Data=6985426 |53711| A| |d|0033 | A|49998|0126707 drawing Data=6985426 |53711| A| |d|0034 | A|49998|0128215 drawing Data=6985426 |53711| A| |d|0035 | A|49998|0072619 drawing Data=6985426 |53711| A| |d|0036 | A|49998|0076247 drawing Data=7069152 |53711| A| |d|0001 | A|49998|2185285 document Ref Data=fed-std-h28 | | |b |190424|a| | | document Ref Data=fed-std-h28 |0020| |b |941221|a| |01| document Ref Data=ansi/asq Z1.4 | | | |080101|a| | | document Ref Data=astm-b150 | | | |190401|a| | | document Ref Data=astm-a193 | | | |200515|a| | | document Ref Data=astm-b209 | | | |070801|a| | | document Ref Data=qq-n-281 | | |d |851023|a| 2| | document Ref Data=qq-n-286 | | |g |001207|a| | | document Ref Data=astm-b564 | | | |191101|a| | | document Ref Data=astm-a574 | | | |120401|a| | | document Ref Data=astm-f606 | | | |191115|a| | | document Ref Data=mil-std-792 | | |f |060519|a| | | document Ref Data=mil-dtl-1222 | | |j |001208|a| | | document Ref Data=astm-e1417 | | | |160615|a| | | document Ref Data=astm-e1444 | | | |160601|a| | | document Ref Data=asme-b18.3 | | | |120101|a| | | document Ref Data=mil-std-2035 | | |a |950515|a| | | document Ref Data=astm-d4066 | | | |130701|a| | | document Ref Data=iso_9001 | | | |081115|a| | | document Ref Data=iso10012 | | | |030415|a| | | document Ref Data=iso/iec 17025 | | | |050515|a| | | document Ref Data=mil-dtl-18240 | | |f |000313|a| 1| | document Ref Data=qpl 25027 | | |17 |000207|a| | | document Ref Data=mil-i-45208 | | |a |810724|a| 1| | document Ref Data=mil-std-45662 | | |a |880801|a| | | document Ref Data=sae Ams-qq-a-200 | | |a |980901|a| | | document Ref Data=sae Ams-qq-a-200 |0008| |a |150501|a| | | document Ref Data=sae Ams-qq-a-250 |0011| | |970801|a| | | document Ref Data=sae Ams-qq-s-763 | | |d |150301|a| | | document Ref Data=ansi/ncsl Z540.3 | | | |130326|a| | | document Ref Data=aia/nas Nasm 17828 | | |1 |130430|a| | | document Ref Data=aia/nas Nasm 25027 | | |1 |121221|a| | | document Ref Data=s9074-aq-gib-010/248 | | |1 |191112|a| | | document Ref Data=t9074-as-gib-010/271 | | |1 |140911|a| | | document Ref Data=s9074-ar-gib-010a/278 (chg A) | | | |130214|a| | | document Ref Data=t9074-bd-gib-010/0300 | | |2 |121218|a| | | 3. Requirements 3.1 ;desurger Assembly Fwd To Be In Accordance With Naval Sea System Command Drawing 6985426 Part A3 And All Eb Ers Invoked In This Contract, Except As Amplified Or Modified Herein.; 3.2 Material For Parts Requiring Certification - Quantitative Chemical And Mechanical Analysis Is Required For The Parts Listed Below Unless Specifically Stated Otherwise: part - ;head Desurger, Part 3-1; material - ;t9074-bd-gib-010/0300, Grade Hy-80, Forged, Appendix E; part - ;tailpiece Fwd Part 3-2; material - ;sae Ams-qq-s-763, Cl 304, Cond A; part - ;bushing Part 6-1; material - ;astm-b150 Uns C63200, Tq50 Or Tq55; part - ;barrel Part 22; material - ;astm-b564 Forged, Uns N06625, Condition Annealed And Meeting The Mechanical Properties Of General Note 7006. Chrome Plated In Accordance With General Note 7021; part - ;piston Part 23; material - ;sae Ams-qq-a-250/11, Alloy 6061, Temper T651 Or Astm B209, Alloy 6061, Temper T651. Anodized In Accordance With General Note 2221; part - ;rod Tie Part 24; material - ;astm-a193 Grade B7; part - ;rod Piston Part 25; material - ;sae-ams- Qq-a-200/8 Alloy 6061, Temper T6 Anodized In Accordance With General Note 2221 And Plated In Accordance With General Note 7202; part - ;nut, Self-locking Part 78; material - Qq-n-281, Class A Annealed (hot Finished Or Cold Drawn) Or Class B Cold Drawn. All Material Must Be From The Same Class. self-locking Element- Astm-d4066, Group 01, Class 1 Or 2, Grade 1 part - ;self Locking Cap Screw, Part 79; material - ;mil-dtl-1222, Type Ii, Qq-n-286, Solution Annealed And Age Hardened And Marked .k. Self-locking Element To Be In Accordance With Mil-dtl-18240. Cross Drill 2 Holes Iaw Ansi-b18.3; 3.3 Testing Certification - Certifications Are Required For The Following Tests On The Items Listed Below. Additional Testing On Other Piece Parts (if Any) Per Applicable Drawings Is Still Required, But Certifications Are Only Required As Listed Below. test - 5x Visual Magnification Or Dye Penetrant Inspection (root Layer) item - Weldments performance - T9074-as-gib-010/271 acceptance - Mil-std-2035 test - Visual And Dye Penetrant Inspection (final Layer) item - Weldments performance - T9074-as-gib-010/271 acceptance - Mil-std-2035 test - ;ultrasonic Inspection; item - ;bushing Part 6-1(with A Diameter Or Minimum Distance Between Parallel Surfaces Of 4 Inches Or Greater Of The Starting Material); performance - ;t9074-as-gib-010/271; acceptance - ;general Note 125 Of Drawing 6985426; test - ;ultrasonic Inspection; item - ;barrel Part 22 (starting Material); performance - ;eb-2937, Paragraph 4.5.4; acceptance - ;eb-2937, Paragraph 4.5.4; test - ;ultrasonic Inspection; item - ;hy-80 Forged Material; performance - ;t9074-bd-gib-010/300 Appendix E; acceptance - ;t9074-bd-gib-010/300 Appendix E; test - ;magnetic Particle Inspection; item - ;hy-80 Forged Material; performance - ;t9074-bd-gib-010/300 Appendix E; acceptance - ;t9074-bd-gib-010/300 Appendix E; test - Quality Conformance/compliance Inspection item - ;hy-80 Starting Material; performance - ;t9074-bd-gib-010/300, Appendix E; acceptance - ;t9074-bd-gib-010/300, Appendix E; test - Intergranular Corrosion Test (only For Sae-ams-qq-s-763, Classes 304-condition A, 304l, 316-condition A, 316l, 317-condition A, 321 And 347 Material. Test Must Be Performed Prior To Fabrication/machining) item - ;tailpiece, Part 3-2; performance - Sae-ams-qq-s-763 acceptance - Sae-ams-qq-s-763 test - ;liquid Penetrant Inspection; item - ;rod Tie Part 24; performance - T9074-as-gib-010/271; Sampling Must Be Per Mil-dtl-1222 acceptance - Mil-dtl-1222 test - ;dye Penetrant Inspection For Non-magnetic Grades; item - ;nut Self Locking Part 78; performance - T9074-as-gib-010/271 Or Astm-e1417/astm-e1444 (method C Solvent Removal Techniques Must Not Be Used On Thread) acceptance - ;nasm25027; test - Quality Conformance Tests item - Self-locking Nuts performance - ;nasm25027; acceptance - ;nasm25027; attribute - Certificate Of Completion item - Self-locking Nut Nonmetallic Insert performance - ;astm-d4066, Group 01, Class 1, Grade 1; attribute - Certificate Of Compliance item - Self-locking Nuts performance - This Certificate Must State That Self-locking Nuts Were Manufactured By An Approved Source. Approved Sources Are Those Listed On Qpl-25027 For The Appropriate Fastener. This Qpl May Also Be Considered As Approved Sources For Heavy Hex self-locking Nuts. test - ;liquid Penetrant Inspection; item - ;screw Cap Self Locking Part 79; performance - T9074-as-gib-010/271; Sampling Must Be Per Mil-dtl-1222 acceptance - Mil-dtl-1222 attribute - Annealing And Age Hardening item - ;screw Cap Self Locking Part 79; performance - Qq-n-286 test - ;hydrostatic Test; item - ;each Assembly; performance - ;note 7400 Of Drawing 6985426; acceptance - ;note 7400 Of Drawing 6985426; 3.4 The Pressure Tolerance Must Be As Specified In The Assembly Drawing, Detail Drawing, Design Specification Or Elsewhere In This Contract. Where Pressure Tolerances Are Not Provided By Drawings, Specifications Or Specified Elsewhere In This Contract, The following Must Be Used: For Pressure Tests Below 100 Psig, The Pressure Tolerance Must Be +1 Psig/-0psig. For Pressure Tests At Or Above 100 Psig Up To And Including 2500 Psig, The Pressure Tolerance Must Be +2% / -0 Psig Rounded Off To The Nearest Multiple Of Thesmallest Graduation On An Analog Test Pressure Gauge, Not To Exceed 50 Psig. 30 Minutes / - 0 Minutes. Above 2500 Psig, The Pressure Tolerance Must Be +2%/-0 Psig, Rounded Off To The Nearest Multiple Of The Smallest Graduation On An Analog Test Pressure Gauge, Not To Exceed 200 Psig. The Pressure Test Time Tolerance Must Be As Specified In The Assembly Drawing, Detail Drawing, Design Specification Or Elsewhere In This Contract. Where Pressure Test Time Tolerances Are Not Provided By Drawings, Specifications Or Specified Elsewhere In this Contract, The Following Must Be Used: For A Test Duration Up To And Including 1 Hour, The Tolerance Must Be +5 Minutes / - 0 Minutes. For A Test Duration Of More Than 1 Hour Up To And Including 24 Hours, The Tolerance Must Be +30 Minutes / - 0 Minutes. For A Test Duration Of More Than 24 Hours, The Tolerance Must Be + 60 Minutes/- 0 Minutes. 3.5 O-ring Grooves And Mating Sealing Surfaces Must Be Inspected Per The Contractually Invoked Drawings Or Specifications. When The Drawings Or Specifications Do Not Provide Specific Defect Criteria Or State That No Defects Are Allowed, The General Acceptance criteria (gac) Standard Must Be Used For Inspecting O-ring Grooves And Mating Sealing Surfaces Only. Repairs To Sealing Surfaces And O-ring Grooves With Unacceptable Defects May Be Accomplished Within The Limits Of The Size And Tolerances Provided In The applicable Drawing. Repairs Thatwould Exceed These Limits Require Approval (including Final Dimensions). The Data That Is Red Lined (crossed Out) Is Excluded From The Gac For This Contract And Is Not To Be Used For Acceptance Or Rejection Criteria. The Gac document Is Identified As Contract Support Library Reference Number Csd008 At Https://register.nslc.navy.mil/ 3.6 K-monel Fasteners - Material Must Be Heat Treated Per Qq-n-286. 3.6.1 Fasteners That Have Been Hot Or Cold Headed Or Roll Threaded Must Be Solution Annealed Followed By Age Hardening Subsequent To All Heading And Thread Rolling Operations. The Mechanical Properties On Certifications Must Be Actual Properties Of The annealed And Age Hardened Material And Must Meet The Requirements Of Qq-n-286. 3.6.2 Qq-n-286 Fasteners That Have Been Headed And/or Roll Threaded Must Not Beage Hardened Unless The Material Has Been Solution Annealed Subsequent To The Heading And Threading Operations. Threads Formed After The Final Age Hardening Heat Treatment Must Be cut Or Ground Only. 3.7 Internal Threads - All Internal Threads Must Be Formed By Cutting. Cold Forming Of Internal Threads Is Not Acceptable. 3.8 K-monel Fasteners - K-monel Externally Threaded Fasteners Must Have Mechanical Properties Determined In Accordance With Mil-dtl-1222. Test Results Must Include Tensile, Yield, Elongation And Hardness As Required By Mil-dtl-1222. (the Hardness Tests Must Be performed On A Full Size Fastener.) 3.8.1 Studs Require An Axial Tensile Test In Accordance With Mil-dtl-1222. 3.8.2 Headed Fasteners Require A Wedge Tensile Test As Specified Elsewhere In This Contract/purchase Order. 3.9 Slow Strain Rate Tensile Test Laboratories - The Slow Strain Rate Tensile Test Of Qq-n-286 Must Be Performed By One Of The Following Laboratories: huntington Alloys, A Special Metals Company attn: Bill Bolenr 3200 Riverside Drive huntington, Wv 257059 phone: (304) 526-5889 fax: (304) 526-5973 metallurgical Consultants, Inc. attn: W. M. Buehler 4820 Caroline po Box 88046 houston, Tx 77288-0046 phone: (713) 526-6351 fax: (713) 526-2964 naval Surface Warfare Center, Carderock Division attn: Eric Focht Code 614 9500 Macarthur Blvd west Bethesda, Md 20817-5700 phone: (301) 227-5032 fax: (301) 227-5576 teledyne Allvac attn: Dr. W. D. Cao 2020 Ashcraft Ave. monroe, Nc 28110 phone: (704) 289-4511 fax: (704) 289-4269 westmoreland Mechanical Testing And Research Inc. attn: Andrew Wisniewski p.o. Box 388 youngstown, Pa 15696-0388 mannesmann Rohrenwerke mannesmann Forschungsinstitut (mfi) attn: Dr. Weiss postfach 251160 47251 Duisburg germany phone: 011-49-0203-9993194 fax: 011-49-0203-9994415 thyssenkrupp Vdm Usa, Inc. attn: D. C. Agarwal 11210 Steeplecrest Drive, Suite 120 houston, Tx 77065-4939 phone: (281) 955-6683 3.10 Certification Is Required For The Following As Identified Further Below: - Process Control Plan - Qualification Plan - Qualification Testing (first Article) all Manufacturing Facilities Which Have Been Approved To An Earlier Revision Of This Specification Are Required To Meet The Recertification Requirements Of T9074-bd-gib-010/0300 Revision 2. An Updated Process Control Plan Incorporating Any Changes Necessary To meet The Requirements Of T9074-bd-gib-010/0300 Revision 2 Must Be Submitted. re-certification Of The First Article Approval Of Vendor Facilities, Processes, And Manufacturing Methods Is Required Every 5 Years And Must Meet All The Requirements Of T9074-bd-gib-010/0300. The Certification Must Be Current At The Delivery Date Of Procured products. 3.10.1 Qualification Testing (first Article Inspection) - See Di-ndti-80809 (first Article Test Report) - Certification Is Required For The Following Test On The Items Listed Below: test - First Article Inspection item - ;hy-80 Starting Material; performance - T9074-bd-gib-010/0300 acceptance - T9074-bd-gib-010/0300 previous Fat Approvals That Were Based Upon Previous Specifications Are Not Valid For Meeting The Requirements Of T9074-bd-gib-010/0300 Revision 2, Unless Otherwise Approved By Navsea. the Contractor May Request The Fat Submission Requirement Be Waived By Providing The Pco With Evidence Of Navsea Approval, Provided It Meets The Requirements Of This Contract/purchase Order. 3.10.2 Process Control Plan - See Di-ndti-80809 (process Control Plan) - Certification Is Required For The Following Attribute On The Items Listed Below: attribute - Process Control Plan item - ;hy-80 Starting Material; performance - T9074-bd-gib-010/0300 the Pcp Must Be Reviewed And Approved By Navsea Prior To Initiating First Article Testing. The Contractor May Request The Pcp Submission Requirement Be Waived By Providing The Pco With Evidence Of Navsea Approval. 3.10.3 Qualification Plan - See Di-ndti-80809 (qualification Plan) - Certification Is Required For The Following Attribute On The Items Listed Below: attribute - Qualification Plan item - ;hy-80 Starting Material; performance - T9074-bd-gib-010/0300 the Qp Must Be Reviewed And Approved By Navsea Prior To Initiating First Article Testing. The Contractor May Request The Qp Submission Requirement Be Waived By Providing The Pco With Evidence Of Navsea Approval. 3.11 ;see Cdrl Di-forg-80412 (forging Manufacturing Sketches) Forging Sketches Are Required For The Head Desurger, Part 3-1, Per T9074-bd-gib-010-0300, Appendix E.; 3.12 Wedge Tensile Test Specimens (headed Fasteners) - A Wedge Tensile Test Must Be Conducted On A Full Size Fastener For Each Production Lot And Reported Aspart Of The Mechanical Properties. The Required Specimens For The Wedge Tensile Test Must Be Separate fasteners From Those Required For The Yield Test. 3.12.1 Testing For Socket Head Cap Screws Must Be In Accordance Mil-dtl-1222, Paragraphs 4.5.2.3 And 4.5.2.3.1. 3.12.2 Testing For All Other Headed Fasteners With A Nominal Diameter Greater Than 1/4-inch Must Be In Accordance With Astm-f606 For Grades 5, 8, B7, And B16.for All Other Grades, The Following Wedge Angles Must Be Used. a. Except As Specified In Item C Below, Fasteners With A Nominal Diameter Of 1/4-inch Through 1-inch (inclusive) Must Be Tested With A Ten Degree Wedge. b. Except As Specified In Item C Below, Fasteners With A Nominal Diameter Over 1-inch Must Be Tested With A Six Degree Wedge. c. Fasteners That Are Of Grades 8, B7, B16, 410, 416, 416se, 431, And 630 And Are Threaded Within One Diameter To The Underside Of The Head Must Be Tested As Follows: sizes 1/4 Inch Through 3/4 Inch (inclusive) Use A Six Degree Wedgesizes Over 3/4 Inch Use A Four Degree Wedge d. Fasteners Which Have Passed Testing With Wedge Angles Greater Than Those Specified Should Be Considered Acceptable. 3.12.3 For Fasteners Having A Length Less Than The Minimum Specified In Table 1 Of Astm-f606, One "test Specimen Fastener" Must Be Manufactured From Each Lot Of Fasteners And Tested To Represent That Lot. The Length Of These Test Specimen Fasteners Must Meet the Minimum Specified In Table 1 Of Astm-f606 But Must Not Exceed It By More Than 1/4 Inch. Test Specimen Fasteners Must Be The Same Type, Style, And Diameter As The Production Lot And Must Be Manufactured From The Same Starting Material, Using The Same manufacturing Techniques As The Production Lot, And Must Be Heat Treated (if Required) Along With The Production Lot. 3.13 Thread Inspection Requirements - All Threads On Threaded Parts Must Be Inspected Using Appropriate Inspection Methods, Inspection Systems, And Inspection Gages/instruments In Accordance With Fed-std-h28 Series. Substitution Of Thecommercial Equivalent inspection In Accordance With Asme B1 Series Is Acceptable. 3.13.1 System 21 Of Fed-std-h28/20 Must Be Used As A Minimum Inspection Requirement For Threads When The Design Drawing Or Design Specification Does Not Specify An Inspection Requirement. 3.13.2 For Navy And Shipyard Drawings, System 21 Of Fed-std-h28/20 May Be Substituted For System 22 Without Further Navy Approval When The Design Drawing Invokes System 22 And Does Not Cite Governing Specifications That Specifically Require System 22. System 22 Of Fed-std-h28/20 Must Be Used When The Drawing References Other Governing Specifications That Specifically Require System 22, Such As Certain Thread Types Of Mil-dtl-1222. 3.13.3 A Written Request For Concurrence Must Be Submitted When Utilizing Alternative Measuring Equipment Or Measuring Systems Not Applicable To The Specified Inspection System. 3.14 Specification Change - For Qq-n-281, Class B Material: 1 - Footnote 9 To Table Ii Of Qq-n-281 Does Not Apply. 2 - When Starting Material Is Round Bar Greater Than 3" Dia, The Mechanical Properties Of Hex Bar Apply. 3.15 Welding Or Brazing - When Welding, Brazing, And Allied Processes Are Required, As Invoked By Section C Paragraph 3 Requirements, They Must Be In Accordance With S9074-ar-gib-010a/278, (s9074-aq-gib-010/248 For Brazing) By Personnel And Procedures qualified Under S9074-aq-gib-010/248 For All Production And Repair Welding And Brazing. Procedures And Qualification Data Must Be Submitted For Review And Approval Prior To Performing Any Welding Or Brazing. 3.16 Certificate Of Compliance - (special Emphasis Material) The Contractor Must Prepare And Submit A Certificate Of Compliance Certifying That The Items/components Furnished Under This Contract Comply With The Requirements Of The Procurement Document, including Any/all Invoked Specifications And Drawings. 3.17 Configuration Control - The Contractor Must Maintain The Total Equipment Baseline Configuration. For Items Of Proprietary Design, Contractor Drawings Showing The Latest Assembly Configuration Must Be Provided To The Government In Electronic (c4) Format. definitions Are Provided Elsewhere In The Contract/purchase Order. 3.17.1 Waivers/deviations - All Waivers And Deviations, Regardless Of Significance Or Classification Require Review And Approval By The Contracting Officer. Waivers And Deviations Must Be Designated As Critical, Major, Or Minor. The Contractor Must Provide a Copy Of This Request To The Qar. Requests Must Include The Information Listed Below. A. A Complete Description Of The Contract Requirement Affected And The Nature Of The Waiver/deviation (non-conformance), Including A Classification Of Critical, Major, Or Minor. B. Number Of Units (and Serial/lot Numbers) To Be Delivered In This Configuration. C. Any Impacts To Logistics Support Elements (such As Software, Manuals, Spares, Tools, And Similar) Being Utilized By Government Personnel Or Impacts To The Operational Use Of The Product. D. Information About Remedial Action Being Taken To Prevent Reoccurrence Of The Non-conformance. 3.17.2 All Requests For Waivers/deviations On Navsup-wss Contracts Must Be Submitted Using The Ecds (electronic Contractor Data Submission) System At Https://register.nslc.navy.mil/ 3.17.3 Ecps - The Government Will Maintain Configuration Control And Change Authority For All Modifications Or Changes Affecting Form, Fit, Function, Or Interface Parameters Of The Equipment And Its Sub-assemblies. The Contractor Must Submit An Engineering change Proposal (ecp) For Any Class I Or Ii Changes That Impact The Equipment Covered By This Contract. Ecps Must Be Prepared In Contractor Format, And Must Include The Following Information: A. The Change Priority, Change Classification (class I Or Class Ii), And Change Justification. B. A Complete Description Of The Change To Be Made And The Need For That Change. C. A Complete Listing Of Other Configuration Items Impacted By The Proposed Change And A Description Of The Impact On Those Cis. D. Proposed Changes To Documents Controlled By The Government. E. Proposed Serial/lot Number Effectivities Of Units To Be Produced In, Or Retrofitted To, The Proposed Configuration. F. Recommendations About The Way A Retrofit Should Be Accomplished. G. Impacts To Any Logistics Support Elements (such As Software, Manuals, Spares, Tools, And Similar) Being Utilized By Government Personnel In Support Of The Product. H. Impacts To The Operational Use Of The Product. I. Complete Estimated Life-cycle Cost Impact Of The Proposed Change. J. Milestones Relating To The Processing And Implementation Of The Engineering Change. 3.18 Mercury Free - Mercury And Mercury Containing Compounds Must Not Be Intentionally Added Or Come In Direct Contact With Hardware Or Supplies Furnished Under This Contract. Mercury Contamination Of The Material Will Be Cause For Rejection. 3.19 Navsea 0948-lp-045-7010 - Any Applicable Requirements Of Navships 4410.17,navsea 0948-lp-045-7010, Or 0948-045-7010 Which The Contractor Must Meet Are Included In This Contract/purchase Order. The Above Documents Are For Governmentuse Only. Further application Of The Above Documents Is Prohibited.prohibited. 3.19.1 Marking Of Material With A Material Designator Per The Drawing Is Also Prohibited, With The Exception Of Fasteners. Fasteners Must Be Marked With A Material Symbol/designator As Specified Elsewhere In This Contract. ^ Quality Assurance Requirements ^ 3.20 See Cdrl Di-misc-80678 (test Certification) - A Statement Of Tests Performed, Listing The Pieces Tested Must Be Furnished Along With A Copy Of The Test Results. Certification Must Include The Contractor's Name, Address And Date, Quantity Inspected, identified To The Contract/purchase Order And Item Number, And The Contractor's Or Authorized Personnel's Signature. Test Certifications Must Reference The Standard/specification, Including The Revision, To Which The Testing Was Performed And The Acceptance criteria Used. Test Procedure Numbers May Also Be Referenced On Test Reports. Test Reports On Weldments Must Be Identified To Weld Joint And Layer. 3.21 Additional Marking For Fasteners - Fasteners Must Be Marked In Accordance With ;mil-dtl-1222, Except The Self-locking Hex Nuts Must Be Marked In Accordance With Nasm 17828. Nasm 17828 Nuts Must Be Marked On The Wrenching Surface With The Manufacturer's identification Symbol, Material Symbol And Heat/lot Traceability Code; . The Method Of Marking Must Be Types I, Ii, Iii, V, Viii Or Ix Of Mil-std-792 Except For Grades 410, 416 And 431 In The H Condition And Grades 8, 630, A574, And 4340 Which Must Be Marked by Method Ii When Marking Is Applied After The Final Heat Treatment. Markings On Fasteners That Are To Be Coated Must Be Marked Prior To Coating And Have A Minimum Depth Of 4 Mils. Traceability Marking Must Be Legible After The Application Of Protective compounds. 3.21.1 Marking Is Required For All Fasteners Regardless Of Size And Must Include The Material Symbol, The Manufacturer's Identification Symbol, And The Traceability Marking. Marking Must Be Applied On The Head Of Headed Fastener (top Preferred, Side location If Necessary). Self-locking Screws Must Also Be Marked With Six Dots. Where No Contract Invoked Specification Requirement Exists For This Marking, Self-locking Fasteners Must Be Marked With Six Dots Approximately .032" Diameter, Raised Or Depressed by Approximately .010" Located On The Top Perimeter Of The Head Of The Fastener In An Arc Or Circular Pattern. The Six Dots Must Be Distinguishable From All Other Required Markings. 3.22 See Cdrl Di-misc-80678 (special Emphasis C Of C) - The Certificate Of Compliance Must Show Traceability To The Marking Applied On Each Individual Item, And Must Contain The Following Information: 1. Contractor's Name, Address And Date. 2. The Contract/purchase Order Number (for Example: N00104-11-p-fa12) 3. The National Stock Number (nsn). The 18 Character National Stock Number For Special Emphasis Material Includes The Two Digit Cog, The Four Digit Fsc, The 9 Digit Niin, And The Two Digit Smic (for Example: 1h 4820 012345678 L1) ("n/a" When Not Applicable). 4. Lubricants, Sealants, Anti-seize, And/or Thread Locking Compounds ("n/a" When Not Applicable). 5. Certification That O-rings, Packing, Gaskets, Or Other Elastomeric Products Were Installed In A Compressed State Within An Assembly Or Sub-assembly, Prior To Expiration Of The Shelf Life ("n/a" When Not Applicable). 6. Manufacturer's Compound Number ("n/a" When Not Applicable). 7. When Weld Procedure Submittal Is Required By The Contract, A Statement That The Approval Date Of The Qualification Data Precedes Any Production Or Repair Welding Performed On This Contract. ("n/a" When Not Applicable). 8. A Statement To The Effect That All Items Furnished On This Contract Are In Full Compliance With The Specifications And Requirements And List Each Contractually Invoked Conformance/compliance Test Performed By Name And That It Was Performed satisfactorily. 9. Contractor's Or Authorized Personnel's Signature. 3.23 See Cdrl Di-misc-80678 (special Emphasis C Of C) - The Certificate Of Compliance Must Show Traceability To The Marking Applied On Each Individual Item Made To T9074-bd-gib-010/0300, And Must Contain The Following Information: 1. Contractor's Name, Address And Date. 2. The Contract/purchase Order Number (for Example: N00104-11-p-fa12). 3. The National Stock Number (nsn). The 18 Character National Stock Number For Special Emphasis Material Includes The Two Digit Cog, The Four Digit Fsc, The 9 Digit Niin, And The Two Digit Smic (for Example: 1h 4820 012345678 L1) ("n/a" When Not Applicable). 4. The Revision Of The Process Control Plan Used And The Date Of Most Recent First Article Approval Or Recertification. 5. Actual Data Of Specified Chemical And Mechanical Tests And A Record Of The Final Heat Treatment (if Applicable). 6. Qualitative Results Of Nondestructive Tests And Other Inspections Or Tests. 7. The Melt Processes Used And The Melting Source Of The Material If The Contractor Is Not The Melter. 8. A Statement That Each Lot Has Been Sampled, Tested, And Inspected In Accordance With The Specification Requirements And That The Manufacturer Has Maintained Adequate Manufacturing Procedures Demonstrated In First Article Testing As Listed And Maintained As specified In Paragraph 4.3.2 Of T9074-bd-gib-010/0300 And Quality Assurance Practices To Produce A Product That Meets The Chemical And Mechanical Property Requirements Specified Throughout The Product. 9. A Statement That Each Lot Meets All Specification Requirements. 10. Contractor's Or Authorized Personnel's Signature. 3.24 See Cdrls Di-misc-80875 (welding Procedures) And Di-misc-80876 (weld Procedure Qualification Data) - When Production Or Repair Welding Is Required, The Applicable Welding Procedure(s) And Qualification Data Must Be Submitted For Review And Approval. In addition, The Consumed Weld Metal C Of C As Defined Below Must Be Submitted As Part Of The Certification Oqe Package Submitted By The Contractor. note: These Requirements Do Not Apply To Tack/spot Welds. 3.24.1 Approval Of The Contractor's Qualification Data Must Be Obtained Prior To Performing Any Welding (production Or Repair). 3.24.2 If The Contractors Qualification Data Has Previously Been Approved By The Navy For Other Contracts, A Copy Of The Original Approval Letter May Be Submitted Along With The Procedures And Qualification Data Report To Expedite The Approval Process. The approval Letter Must Reference The Applicable Welding Procedure And Qualification Data Report Identification/number. Prior Approval Does Not Guarantee Acceptance For This Or Any Future Contracts. As Far As Practical, All Procedures For The Contract Must Be submitted At The Same Time. Welding Procedures And Qualification Data Must Be Submitted In A Commercially Available Electronic Format Such As Adobe Acrobat Pdf. The Contractor Must State The Applicability Of Each Weld Procedure And Qualification Data Submitted, citing The Drawing Number And Pieces To Be Welded. (i.e. "wp-123 And Qd-123 Are Submitted For The Weld Joint Between Pieces 1 And 2 On Drawing Abc." Wp-456 And Qd-456 Are Submitted For The Hardfacing Of Piece 3 On Drawing Xyz.") 3.24.3 The Pco's Authorization For The Use Of Weld Procedure(s) And Qualification Data For The Specific Application As Submitted Does Not Mitigate The Vendors Responsibility To Comply With The Requirements Of S9074-aq-gib-010/248, S9074-ar-gib-010a/278, And the Contract. 3.24.4 Authority For The Repair Of Special Repairs In Castings, The Repair Of Wrought Material, Or The Repair Of Forged Material Must Be Obtained Via Request For Waiver From The Procurement Contracting Officer. This Request Must Describe The Defect; Including size, Depth, Location, And A Description Of The Proposed Repair. Repairs Deemed Minor Or Nominal In Accordance With S9074-ar-gib-010/278 Can Be Made At Contractor Discretion In Accordance With S9074-ar-gib-010/278 Requirements; However, Weld Procedure specification (wps) And Procedure Qualification Record (pqr) Submittals Are Still Required. This Request For Navsup-wss Contracts Must Be Submitted Via The Electronic Contractor Data Submission (ecds) Application. 3.24.5 Any New Procedure Qualification Performed Under This Contract Will Require The Vendor To Provide A Minimum 72 Hour Notification To Dcma With An Offer To Observe The Welding Of The Test Assemblies. The 72 Hour Time Limit May Be Modified Upon Mutual agreement Between The Vendor And Dcma. 3.24.6 When Drawings Require Hardfacing Surface Iron Or Nickel Content Not To Exceed 5%, The Contractor Must Verify Surface Iron Or Nickel Content By Performing Chemical Testing As Defined By The Applicable Drawing. The Chemical Test Results Must Be Submitted as Part Of The Qualification Data. 3.24.7 Additional Qualification Requirements For Production Hardfacing Thickness Less Than 1/8-inch: Macro-etch (or Legible Photomacrographs Clearly Showing The Fusion Area) Must Be Submitted For Review And Show Consistent, Minimized Dilution. All Essential elements And Any Elements Not Listed In S9074-aq-gib-010/248 That Influence Dilution Must Be In The Qualification Data And Weld Procedure, With Strict Limits Placed On Each Essential Element. 3.24.8 Preparation And Retention Of Weld Records Is Required, As Specified By Paragraph 4.1.3 Of S9074-ar-gib-010a/278. 3.24.9 When Production Or Repair Welding Is Required On Titanium Materials, The Applicable Fabrication Plan, Facilities Procedure, Training Plan, And Active Welder Qualification Must Also Be Submitted For Review And Approval. 3.24.10 If The Contractor's Fabrication Plan, Facilities Procedure, Training Plan, Or Active Welder Qualification Has Previously Been Approved By The Navy For Other Contracts, A Copy Of The Original Approval Letter May Be Submitted Along With The Applicable documentation To Expedite The Approval Process. The Approval Letter Must Reference The Applicable Documentation. Prior Approval Does Not Guarantee Acceptance For This Or Any Future Contracts. The Contractor's Fabrication Plan, Facilities Procedure, Training plan, And Active Welder Qualification Must Be Submitted At The Same Time As The Applicable Welding Procedure(s) And Weld Procedure Qualification Data. All Documentation Must Be Submitted In A Commercially Available Electronic Format, Such As Adobe Acrobat Pdf. 3.24.11 See Cdrl Di-misc-80678 (consumed Weld Metal) - A Certificate Of Compliance Is Required For All Weld Filler Metals Used For Production Or Repair Welding, And Must Include The Following: a) Filler Metal Lot Number(s) b) Specification And Type c) A Positive Statement That The Vendor Has Obtained Oqe And Verified That Each Lot Of Weld Filler Material Conforms To Specification Requirements. d) A Positive Statement Verifying That The Weld Filler Metals Were The Correct Material Type Or Grade Prior To Consumption. 3.24.12 When Production Welds Or Repair Welds Are Performed By A Subcontractor, The Requirement For Submission Of All Certification Documentation Required Herein Must Be Passed Down To The Subcontractor. 3.25 See Cdrls Di-misc-80875 (brazing Procedures) And Di-misc-80876 (braze Proc Qual Data) - Prior To Performing Any Brazing, The Applicable Brazing Procedure Qualification Data Must Be Submitted. Brazing Procedures Must Be Submitted For Information With the Supporting Procedure Qualification Data. Brazing Procedures And Qualification Data Must Be Submitted In A Commercially Available Electronic Format, Such As Adobe Acrobat Pdf. If The Contractor's Qualification Data Has Previously Been Approved By The Navy for This Or Other Contracts, A Copy Of The Original Approval Letter Must Besubmitted In Lieu Of The Qualification Data. (note: Letters Extendingapproval Of Qualification Data Based On Previous Approvals Are Not Acceptableto Fulfill This Requirement. The approval Letter Must Reference The Applicable Brazing Procedure And/or Brazing Procedure Qualification Data Number.) 3.26 Quality System Requirements - The Contractor Furnishing Items Under This Contract/purchase Order Must Provide And Maintain A Quality System In Accordance With Iso-9001 As Amplified Or Modified Herein, With The Calibration System Requirements Of Iso-10012 or Ansi-z540.3 With Iso-17025. A Quality System In Accordance With Mil-i-45208, With The Calibration System Requirements Of Mil-std-45662, Is Acceptable As An Alternate. 3.26.1 The Contractor's Quality System And Products Supplied Under The System Are Subject To Evaluation, Verification Inspection, And Acceptance/nonacceptance By The Government Representative To Determine The System's Effectiveness In Meeting The Quality requirements Established In The Contract/purchase Order. 3.26.2 The Contractor's Quality System Must Be Documented And Must Be Available For Review By The Contracting Officer Or His Representative Prior To Initiation Of Production And Throughout The Life Of The Contract. The Prime Contractor Must, Upon notification, Make His Facilities Available For Audit By The Contracting Officer Or His Authorized Representative. 3.26.3 See Cdrl Di-qcic-81110 (inspection System Procedures) - All Suppliers Of Level I/subsafe (li/ss) Material Are Required To Submit A Copy Of Their Current Documented Quality System Procedures To The Procurement Contracting Officer (pco) Prior To Award Of any Contract/purchase Order. Suppliers That Have A Copy Of Their Current Quality System Procedures On File At The Procuring Activity May Request The Pco Waive This Requirement. 3.26.4 This Contract Provides For The Performance Of Government Quality Assurance At Source. The Place Or Places Of Performance May Not Be Changed Without The Authorization Of The Procurement Contracting Officer. Upon Receipt Of This Order, Promptly notify The Government Representative Who Normally Services Your Plant So That Appropriate Planning For Government Inspection Can Be Accomplished. If You Do Not Have An Assigned Government Representative, Notify The Nearest Defense Contract Management Agency (dcma) Office. In The Event That A Local Government Representative Or Dcma Office Cannot Be Located, Our Purchasing Agent Should Be Notified Immediately. 3.26.5 Any Changes Made By The Contractor To A Qualified Quality System Will Require Re-submittal To The Pco And Concurrence By The Government Quality Assurance Representative Prior To Adoption. 3.27 Contractor Inspection Requirements - The Contractor Must Maintain Adequate Records Of All Inspections And Tests. The Records Must Indicate The Nature And Number Of Observations Made, The Number And Type Of Deficiencies Found, The Quantities Approved And rejected And The Nature Of Corrective Action Taken As Appropriate. Inspection Records Must Be Traceable To The Material Inspected. 3.27.1 The Supplier's Gages, Measuring And Test Equipment Must Be Made Available For Use By The Government Representative When Required To Determine Conformance With Contract Requirements. When Conditions Warrant, The Supplier's Personnel Must Be Made available For Operations Of Such Devices And For Verification Of Their Accuracy And Condition. 3.27.2 All Documents And Reference Data Applicable To This Contract Must Be Available For Review By The Government Representative. Copies Of Documents Required For Government Inspection Purposes Must Be Furnished In Accordance With The Instructions Provided by The Government Representative. 3.28 Subcontractor Inspection Requirements - The Government Has The Right To Inspect At Source, Any Supplies Or Services That Were Not Manufactur

Details: The subject of the delivery is the delivery of 2 pcs of CNC lathes with accessories for the company Dmt Jelinek Sro with the possibility of partial fulfillment. Definition of Partial Fulfillments: Partial Fulfillment A: Cnc Lathe With Accessories (larger machine) Partial Fulfillment B: Cnc Lathe With Accessories (smaller machine) Delivery of Technology Means Delivery of All Required Elements of Equipment, Including Installation of Technology itself. Transporting the Technology to the Place of Designation, Installation or Assembly, Its Involvement, Including All Possible Assembly Work Necessary for the Proper Completion of the Delivery, and Furthermore, All Activities Related to the Delivery, Including Personnel Training. • Supplier Must Guarantee Warranty Service Support. • The Supplier Must Provide Training Related to the Operation of the Technology. The Equipment Supplied Must Be New, Unused, First Class Quality, Wrapped In Original Packaging. As part of fulfilling the subject of the contract, the selected supplier will be obliged to carry out and include in the bid price all other activities related to the implementation of the contract. If specific trade names are mentioned in the tender documentation or their annexes, this is only a definition of the required standard, and the contracting authority also allows other technically and qualitatively comparable solutions. The Technical Specification of the Required Technology is given in Appendix No. 2 For Partial Fulfillment of Parts A, B of this Call for Tenders. For the Specification of Technical Modifications of Individual Elements of Technology/Software of the Machine From Each Partial Fulfillment, Technical Drawing Documentation is Part of the Appendices - Appendix No. 5 A Annex No. 6. The Contractor undertakes to hand over the relevant premises, which are to be the place of operation of the machine, in a condition suitable for putting the machine into operation. The Seller will ensure the transportation of the machines to the customer's place, the removal of the machine from the means of transport, its transfer to the place of operation and installation at its own expense. The Principal shall provide the Seller with the cooperation necessary to put the machine into operation. The Seller will send the documents for this cooperation to the Buyer within 10 days of concluding the contract. Without undue delay after the delivery of these documents, the client will prepare the place of operation for anchoring the machine and putting it into operation in accordance with these documents. The implementation of the anchoring of the machine and the construction of the foundations for the machine shall be agreed by the seller before the delivery of the machine.

Details: Item Unique Identification And Valuation (jan 2023)|19|||||||||||||||||||| inspection Of Supplies--fixed-price (aug 1996)|2||| time Of Delivery (june 1997)|20||||||||||||||||||||| stop-work Order (aug 1989)|1|| general Information-fob-destination|1|b| wide Area Workflow Payment Instructions (jan 2023)|16|combo ||tbd|n00104|tbd|tbd|tbd|tbd|tbd|tbd|tbd|||||| navy Use Of Abilityone Support Contractor - Release Of Offeror Information (3-18))|1|wss| value Engineering (jun 2020)|3|||| equal Opportunity (sep 2016)|2||| small Business Subcontracting Plan (dod Contracts)- Basic (dec 2019)|2||| integrity Of Unit Prices (nov 2021)|1|| safeguarding Sensitive Conventional Arms, Ammunition, And Explosives (nov 2023))|9|||||||||| equal Opportunity For Workers With Disabilities (jun 2020)|2||| transportation Of Supplies By Sea (jan 2023)|2||| contractor Purchasing System Administration-basic (may 2014)|1|| limitation Of Liability--high-value Items ($100k)(feb 1997)|1|| authorized Deviations In Clauses (nov 2020)|2||| requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data-modifications (nov 2021))|7|||||||| list Of Award Attachments|5|||||| alternate A, Annual Representations And Certifications (nov 2023)|13|||||||||||||| buy American-balance Of Payments Program Certificate-basic (feb 2024)|1|| annual Representations And Certifications (may 2024)|13|334412|750 Employees|||||||||||| type Of Contract (apr 1984)|1|ffp| alterations In Solicitation (apr 1984)|3|||| notice Of Priority Rating For National Defense, Emergency Perpardeness, And Enrgy Progam Use (april 2008))|2||x| the Reason For This Amendment Is The Add The Below Terms To This Solicitation / Resultant Contract: 1: The Government's Required Delivery Date (rdd) Is 31 December 2026 Or Earlier On All Deliveries. 2: The Following Term Applies To This Solicitation And Resultant Contract/order: "this Order �solicitation� Is Issued Under And Pursuant To The Provisions Of The Basic Ordering Agreement (boa). The Terms And Conditions Of The Boa Are Hereby Incorporated By Reference And, Except As Provided Herein By This Order �solicitation�, Remain In Full force And Effect. If Any Conflict Arises In The Terms Of This Order Versus The Terms In The Boa, The Terms Of The Boa Shall Apply." \ 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5190124; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5190741; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Heater Assembly,rad . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Heater Assembly,rad Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5188230; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 3.4 Soldering - The Requirements For Soldered Electrical And Electronic Assemblies Shall Conform To Ipc J-std-001, Class ;3; . 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Motional Joint Asse . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Motional Joint Asse Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5188416; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5190733; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5543203; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall be Performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other contractor Or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;53711 5942884; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 4.4 Inspection/testing Repaired Items - The Contractor Shall Perform All Inspection And Testing Requirements As Specified In The Original Manufacturer's Specifications And Drawings. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Repair And The Contract Quality Requirements For The Supply,electric . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Supply,electric Repaired Under This Contract/purchase Order Shall Meet The Operational And Functional Requirements As Represented By The Cage Code(s) And Reference Number(s) Listed Below. All Repair Work Shall Be performed In Accordance With The Contractors Repair/overhaul Standard Practices, Manuals And Directives Including But Not Limited To Drawings, Technical Orders, Manufacturing Operations, Tooling Instructions, Approved Repair Standards And Any Other Contractor or Government Approved Documents Developed To Provide Technical Repair Procedures. cage___ref. No. ;15090 6309885; 3.2 Marking - This Item Shall Be Physically Identified In Accordance

Details: Item Unique Identification And Valuation (jan 2023)|19|||||||||||||||||||| inspection Of Supplies--fixed-price (aug 1996)|2||| time Of Delivery (june 1997)|20||||||||||||||||||||| stop-work Order (aug 1989)|1|| general Information-fob-destination|1|b| wide Area Workflow Payment Instructions (jan 2023)|16|combo||tbd|n00104|tbd|tbd|tbd|tbd|tbd|tbd|tbd|||||| navy Use Of Abilityone Support Contractor - Release Of Offeror Information (3-18))|1|wss| value Engineering (jun 2020)|3|||| equal Opportunity (sep 2016)|2||| small Business Subcontracting Plan (dod Contracts)- Basic (dec 2019)|2||| integrity Of Unit Prices (nov 2021)|1|| equal Opportunity For Veterans (jun 2020)|4||||| small Business Subcontracting Plan (sep 2023)|4||||| equal Opportunity For Workers With Disabilities (jun 2020)|2||| transportation Of Supplies By Sea (jan 2023)|2||| buy American-free Trade Agreements-balance Of Payments Program-basic (feb 2024)|11|x||||||||||| contractor Purchasing System Administration-basic (may 2014)|1|| authorized Deviations In Clauses (nov 2020)|2|federal Acquisition Regulation |chapter 1| requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data-modifications (nov 2021))|7|||||||| list Of Award Attachments|5|||||| alternate A, Annual Representations And Certifications (nov 2023)|13|||||||||||||| small Business Program Representations (feb 2024)|4||||| buy American-free Trade Agreements-balance Of Payments Program Certificate-basic (feb 2024))|5|||||| buy American-balance Of Payments Program Certificate-basic (feb 2024)|1|| royalty Information (apr 1984)|1|| certification Regarding Knowledge Of Child Labor For Listed End Products(feb 2021))|4||||| annual Representations And Certifications (may 2024)|13|334412|750 Employees|||||||||||| requirements For Submission Of Proposals Via Electronic Media (jan 2018)|1|email Only| requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data (nov 2021))|7|||||||| type Of Contract (apr 1984)|1|ffp| alterations In Solicitation (apr 1984)|3|||| notice Of Priority Rating For National Defense, Emergency Perpardeness, And Enrgy Progam Use (april 2008))|2||x| requirements For Certified Cost Or Pricing Data And Data Other Than Certifiedcost Or Pricing Data (may 2024))|1|| the Reason For This Amendment Is To Remove Dfars 252.225-7020 And 252.225-7021 And Replace With Dfars 252.225-7000 And 252.225-7001. However, Clin 0010 Is Covered By The Buy American - Free Trade Agreements - Balance Of Payments Program Clause (252.225-7036 Alt i); As Such, Dfars 252.225-7036 Alt 1 And 252.225-7035 Alt 1 Are Added As Well. This Amendment Makes No Other Changes. the Reason For This Amendment Is The Add The Below Terms To This Solicitation / Resultant Contract: 1: The Government's Required Delivery Date (rdd) Is 31 December 2026 Or Earlier On All Deliveries. 2: The Following Term Applies To This Solicitation And Resultant Contract/order: "this Order �solicitation� Is Issued Under And Pursuant To The Provisions Of The Basic Ordering Agreement (boa). The Terms And Conditions Of The Boa Are Hereby Incorporated By Reference And, Except As Provided Herein By This Order �solicitation�, Remain In Full force And Effect. If Any Conflict Arises In The Terms Of This Order Versus The Terms In The Boa, The Terms Of The Boa Shall Apply." \ 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Heater Assembly,rad . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Heater Assembly,rad Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 5188230; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 3.4 Soldering - The Requirements For Soldered Electrical And Electronic Assemblies Shall Conform To Ipc J-std-001, Class ;3; . 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 6.3 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Modulator . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Modulator Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 5336325; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 6.3 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 6166870; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 3.4 Electrostatic Discharge Control - The Contractor Shall Comply With The Electrostatic Discharge Control Requirements Established In Mil-std-1686. 3.5 Soldering - The Requirements For Soldered Electrical And Electronic Assemblies Shall Conform To Ipc J-std-001, Class ;3; . 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 6.3 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 5543728; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Supply,electric . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Supply,electric Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;15090 6309885; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 6.3 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Radar Set . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Radar Set Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 6170342; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 6.3 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Circuit Card Assemb . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Circuit Card Assemb Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 6570452; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calendar Days After Final Delivery Of Supplies. 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Shall Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Ordering Information For Document References - The Department Of Defense Single Stock Point (dodssp), Website Http://www.dsp.dla.mil/, Provides Product Information For The Department Of Defense Index Of Specifications And Standards (dodiss) (i.e.military/federal Specifications And Standards), Data Item Descriptions (dids), And Other Dodssp Products. Most Specifications Can Obtained Directly From Http://quicksearch.dla.mil/ a. Availability Of Cancelled Documents - The Dodssp Offers Cancelled Documentsthat Are Required By Private Industry In Fulfillment Of Contractual Obligationsin Paper Format. Documents Can Be Requested By Phoning The Subscription Services Desk. b. Commercial Specifications, Standards, And Descriptions - These Specifications, Standards And Descriptions Are Not Available From Government Sources. Theymay Be Obtained From The Publishers Of The Applicable Societies. c. Ordnance Standards (os), Weapons Specifications (ws), And Navord Ostd 600 Pages - These Type Publications May Be Obtained By Submitting A Request To: commander, Indian Head Division, Naval Surface Warfare Center code 8410p, 101 Strauss Avenue indian Head, Md 20640-5035 d. On Post-award Actions, Requests For "official Use Only" And "noforn" (not Releasable To Foreign Nationals) Documents Must Identify The Government Contractnumber, And Must Be Submitted Via The Cognizant Defense Contract Management Command (dcmc) For certification Of Need For The Document. On Pre-award Actions Such Requests Must Be Submitted To The Pco For Certification Of Need For The Document. e. Noforn Military Specifications And Standards (including Amendments, Change Notices And Supplements, But Not Interim Changes) To Be Ordered From: contracting Officer navsup-wss code 87321 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 f. Nuclear Reactor Publications Assigned Navsea Documents And Identification Numbers (i.e. Navsea Welding Standard, Navsea 250-1500-1) Are To Be Ordered Enue: commanding Officer navsup-wss code 009 5450 Carlisle Pike p.o. Box 2020 mechanicsburg, Pa. 17055-0788 g. Technical Manuals Assigned Navsea Identification Numbers (i.e. Navsea Welding And Brazing Procedure, Navsea S9074-aq-gib-010/248) Are To Be Ordered From: commanding Officer navsup-wss code 1 Support Branch 700 Robbins Avenue philadelphia, Pa. 19111-5094 h. Interim Changes And Classified Specifications Must Be Obtained By Submitting A Request On Dd Form 1425 To Navsup-wss. 6.2 Notice To Distributors/offerors - Consideration For Award Of Contract Shall Be Given Only To Authorized Distributors Of The Original Manufacturer's Item Represented In This Solicitation. If You Desire To Be Considered As A Potential Source For Award Of this Contract, Proof Of Being An Authorized Distributor Shall Be Provided On Company Letterhead Signed By A Responsible Company Official And Sent With Your Offer To The Procurement Contracting Officer. 6.3 In Accordance With Opnavinst 5510.1 All Documents And Drawings Provided By The U.s. Navy To Perspective Contractors Must Include A "distribution Statement" To Inform The Contractor Of The Limits Of Distribution, And The Safeguarding Of The Information contained On Those Documents And Drawings. There Are 7 (seven) Seperate Distribution Statement Codes Used For Non-classified Documents And Drawings. The Definition For Each Is As Follows: a... Approved For Public Release; Distribution Is Unlimited. b... Distribution Authorized To Us Governments Agencies Only. c... Distribution Authorized To Us Government Agencies And Their Contractors. d... Distribution Authorized To Dod And Dod Contractors Only. e... Distribution Authorized To Dod Components Only. f... Further Distribution Only As Directed By Commander, Naval Sea Systems Command, Code 09t. x... Distribution Is Authorized To Us Government Agencies And Private Individuals Or Enterprises Eligible To Obtain Export Controlled Technical Data In Accordance With Opnavinst 5510.161. 1. Scope 1.1 This Contract/purchase Order Contains The Requirements For Manufacture And The Contract Quality Requirements For The Cable Assembly,spec . 2. Applicable Documents 2.1 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.1.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 3. Requirements 3.1 Cage Code/reference Number Items - The Cable Assembly,spec Furnished Under This contract/purchase Order Shall Be The Design Represented By Cage Code(s) reference Number(s). Cage _______ Ref. No. ;53711 7044468; 3.2 Marking - This Item Shall Be Physically Identified In Accordance with ;mil-std-130, Rev N, 16 Nov 2012; . 3.3 Changes In Design, Material Servicing, Or Part Number - Except For A Code 1 Change, Which Shall Be Processed As Provided In The Code Statement Shown Below, No Substitution Of Items Shall Be Made Until The Navicp-mech Contracting Officer Has Notified And approval Has Been Given By Issuance Of A Written Change Order. When Any Change In Design, Material, Servicing Or Part Number Is Made To Replace Or Substitute Any Item To Be Furnished On This Contract/purchase Order, The Contractor Shall Furnish, For The substituting/replacement Item, A Drawing And An Explanation Of The Reason For The Change, Explaining The Reason Therefor. If Finished Detail Drawings Are Not Available, Shop Drawings In The Form Used By The Manufacturer Will Be Acceptable For Government evaluation. When Notifying The Procurement Contracting Officer Of The Reasons For Making Substitutions, The Type Of Change Shall Be Indicated By Code Number In Accordance With One Of The Following Statements: code 1: Part Number Change Only - If The Manufacturer's Part Number Indicated Thereon Has Changed, But The Parts Are Identical In All Respects, Supply The Item And Advise Navicp-mech Immediately Of The New Part Number. code 2: Assembly (or Set Or Kit) Not Furnished - Used Following Detail Parts. code 3: Part Not Furnished Separately - Use Assembly. code 4: Part Redesigned - Old And New Parts Are Completely Interchangeable. code 5: Part Redesigned - New Part Replaces Old. Old Part Cannot Replace New. code 6: Part Redesigned - Parts Not Interchangeable. 4. Quality Assurance 4.1 Responsibility For Inspection - Unless Otherwise Specified In The Contract/purchase Order, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified Herein. Except As Otherwise Specified In The Contract/purchase Order, the Contractor May Use His Own Or Any Other Facilities Suitable For The Performance Of The Inspection Requirements Specified Herein, Unless Disapproved By The Government. The Government Reserves The Right To Perform Any Of The Inspections Set Forth In The specification Where Such Inspections Are Deemed Necessary To Assure Supplies And Services Conform To Prescribed Requirements. 4.2 Responsibility For Compliance - All Items Must Meet All Requirements Of This Contract/purchase Order. The Inspection Set Forth In This Specification Shall Become A Part Of The Contractor's Overall Inspection System Or Quality Program. The Absence Of Any inspection Requirements Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Products Or Supplies Submitted To The Government For Acceptance Comply With All Requirements Of The Contract/purchase Order. Sampling In Quality Conformance does Not Authorize Submission Of Known Defective Material, Either Indicated Or Actual, Not Does It Commit The Government To Acceptance Of Defective Material. 4.3 Records - Records Of All Inspection Work By The Contractor Shall Be Kept Complete And Available To The Government During The Performance Of Contract/purchase Order And For A Period Of 365 Calenda

Details: Contact Information|4|n742.10|wv4cc|n/a|madison.m.gray4.civ@us.navy.mil| item Unique Identification And Valuation (jan 2023)|19|||||||||||||||||||| higher-level Contract Quality Requirement (navicp Review Feb 1991)(feb 1999)|1|iso9001| inspection Of Supplies--fixed-price (aug 1996)|2||| inspection/acceptance Point|6||||||| time Of Delivery (june 1997)|20|clin 0001|eighteen (18)|121|||||||||||||||||| stop-work Order (aug 1989)|1|| repair Delivery (firm Fixed Price)|1|121| wide Area Workflow Payment Instructions (jan 2023)|16|material - Invoice And Receiving Report (combo) Certifications - Stand-alone Receiving Report|material - Inspect & Accept At Source|tbd|n00104|tbd|tbd|n50286|tbd|n/a|n/a|n/a|n/a|n/a|n/a|see Dd Form 1423|port_pt nh_wawf_notification@navy.mil| note For Contractor/administrative Contracting Officer|3|||| navy Use Of Abilityone Support Contractor - Release Of Offeror Information (3-18))|1|wss| firm Fixed Price Repair Purchase Orders|1|tbd| value Engineering (jun 2020)|3|||| equal Opportunity (sep 2016)|2||| integrity Of Unit Prices (nov 2021)|1|| warranty Of Supplies Of A Noncomplex Nature (june 2003)|6|one Year From Date Of Delivery|one Year From Date Of Delivery||||| warranty Of Data--basic (mar 2014)|2||| small Business Subcontracting Plan (sep 2023)|4||||| equal Opportunity For Workers With Disabilities (jun 2020)|2||| transportation Of Supplies By Sea (jan 2023)|2||| progress Payments (nov 2021)|4||||| limitations On Pass-through Charges (jun 2020)|1|| alternate A, Annual Representations And Certifications (nov 2023)|13|||||||||||||| buy American-balance Of Payments Program Certificate-basic (feb 2024)|1|| annual Representations And Certifications (may 2024)|13|332911|750 (# Of Employees)|||||||||||| cost Accounting Standards Notices And Certification (deviation 2018-o0015)(may 2018))|1|| type Of Contract (apr 1984)|1|firm-fixed Price| notice Of Priority Rating For National Defense, Emergency Perpardeness, And Enrgy Progam Use (april 2008))|2||x| 1. This Amendment Shall Be Issued To Update The Tdp And Extend The Closing Date Of The Solicitation. 2. The Tdp Has Been Updated From Version 022 To Version 023. 3. The Hour And Date Specified For Receipt Of Offers Has Been Extended To 4:30pm Est On 21 January 2025. 4. All Other Terms And Conditions Remain The Same. \ 1. This Is A Submarine Corporate Component Repairs Program (ccrp) Sole Source Repair Requirement. 2. Please Provide A Firm-fixed Price (ffp) Qualifying Proposal For The Full Repair Effort Of The Requirement. Please Include The Cost Of New, Or Estimated Cost Of New, With The Submitted Proposal. 3. When Submitting A Proposal, Specify Any Exceptions (i.e., Mil-std Packaging, Mil-std Labeling, Inspection & Acceptance Locations, Packaging House, Surplus Material, Etc.). If No Exceptions Are Indicated Or Received, Award Shall Be Based Upon Solicitation requirements. Changes Or Requests For Changes After Award Shall Be Subject To Consideration Costs Deducted From The Unit Price. 4. In Repair Price, Include All Costs Associated With Receipt And Complete Repair Of The Material That May Be In Unwhole Condition, Missing Hardware, Damaged, Handling Damage, Missing Parts, Wear Damage, And Cav Reporting. Also Provide The Following Information: 4.1. Teardown & Evaluation Rate: 4.2. Repair Turn Around Time (rtat): 4.3. Throughput Constraint: 4.4. Induction Expiration Date: 5. Repair Turn Around Time (rtat) - The Resultant Contractual Delivery Requirement Is Measured From The Asset Return To The Asset Acceptance Under The Terms Of The Contract. For Purposes Of This Section, Return Is Defined As Physical Receipt Of The F-condition asset At The Contractor's Facility As Reflected In The Action Date Entry In The Commercial Asset Visibility (cav) System. In Accordance With The Cav Statement Of Work, The Contractor Is Required To Accurately Report All Transactions By The End Of The Fifth Regular Business Day After Receipt, And The Action Date Entered In Cav Must Be Dated To Reflect The Actual Date Of Physical Receipt. The Contractor Must Obtain Final Inspection And Acceptance By The Government For All Assets Within The Rtat Established In The Contract. 5.1. Requested Rtat: 121 Days 5.2. Proposals Shall Reference The Proposed Rtat And Any Capacity Constraints. 6. Price Reductions - Any Asset For Which The Contractor Does Not Meet The Required Rtat Will Incur A Price Reduction Of (tbd Price) Per Unit. This Adjustment Will Be Implemented Via A Reduction Modification At The End Of Contract Performance. Price Reductions made Pursuant To This Section Shall Not Limit Other Remedies Available To The Government For Failure To Meet Required Rtats, Including But Not Limited To The Government's Right To Terminate For Default. 7. If Requirement Will Be Packaged At A Location Different From The Offeror's Address, The Offeror Shall Provide The Company Name, Street Address And Cage Of The Packaging Facility. 8. If The Offeror Is Not The Original End Manufacturer (oem) Of The Material Called Out In The Requirement, The Oem Must Be Stated (company Name And Cage), And The Offeror Must Be Able To Provide A Signed Letter Of Authorization To Perform Repairs From The Oem On the Company's Letterhead. 9. All Contractual Documents (i.e., Contracts, Purchase Orders, Task Orders, Delivery Orders, And Modifications) Related To The Instant Procurement Are Considered To Be "issued" By The Government When Copies Are Either Deposited In The Mail, Transmitted By facsimile, Or Sent By Other Electronic Commerce Methods, Such As Email. The Government's Acceptance Of The Contractor's Proposal Constitutes Bilateral Agreement To "issue" Contractual Documents As Detailed Herein. 10. The Contractor Must Obtain Final Inspection And Acceptance By The Government For All Assets Within The Rtat Established In The Resulting Contract. 11. Any Contract Awarded As A Result Of This Solicitation Will Be Do Certified For National Defense Under The Defense Priorities And Allocations System (dpas). Provision 52.211-14, Notice Of Priority Rating For National Defense, Emergency Preparedness, And Energy program Use, Shall Be Inserted In Solicitations When The Contract To Be Awarded Will Be A Rated Order. 12. Data Item A001 (inspection And Test Plan) May Be Waived If Already On File At Navsup Wss Mechanicsburg. \ 1. Scope 1.1 The Material Covered In This Contract/purchase Order Will Be Used In A Crucial Shipboard System. The Use Of Incorrect Or Defective Material Would Create A High Probability Of Failure Resulting In Serious Personnel Injury, Loss Of Life, Loss Of Vital shipboard Systems, Or Loss Of The Ship Itself. Therefore, The Material Has Been Designated As Special Emphasis Material (level I, Scope Of Certification, Or Quality Assured) And Special Control Procedures Are Invoked To Ensure Receipt Of Correct Material. 2. Applicable Documents 2.1 Order Of Precedence - In The Event Of A Conflict Between The Text Of This Contract/purchase Order And The References And/or Drawings Cited Herein, The Text Of This Contract/purchase Order Must Take Precedence. Nothing In This Contract/purchase Order, however, Must Supersede Applicable Laws And Regulations Unless A Specific Exemption Has Been Obtained. 2.2 Applicable Documents - The Document(s) Listed Below Form A Part Of This Contract/purchase Order Including Modifications Or Exclusions. 2.2.1 "document References" Listed Below Must Be Obtained By The Contractor. Ordering Information Is Included As An Attachment To This Contract/purchase Order. 2.2.2 Specification Revisions - The Specification Revisions Listed Under "documents References" Below Are The Preferred Revision. Older And/or Newer R Evisions Are Acceptable When Listed Within Contract Support Library Reference Number Csd155 In Ecds (electric contractor Data Submission) At: Ht Tps://register.nslc.navy.mil/. This Is To Allow Contractors To Use Certain Acceptable Older Specification Revisions To Purge Their Existing Stock Of Material Certified To Those Older Revisions Or To Use Newer Specification revisions When Material Is Certified To Newly Released Revisions,without Requiring The Submittal Of Waiver/deviation Requests For Each Specification Revision On Every Contract. Revisions Of Specifications Reflecting Editorial And/or Re-approval (e.g. E2009, r2014, Etc.) Are Considered Inconsequential, But Are Acceptable When Their Revisions Are Listedwithin Csd155 Or Elsewhere Within This Contract. 2.2.3 The Documents And Drawings Listed Below Under Drawing No. Are Not Provided With This Contract/purchase Order. drawing No Cage Rev Distr Cd ;280912-0004 99657 B B 233985-0001 99657 M B 236001-0003 99657 F B 281015-0001 99657 G B 235445-0002 99657 C B 283538 99657 J B 284031-0001 99657 C B 236463 99657 A B 236461 99657 C B 233029 99657 L B atp280912-0004 99657 L B 233985-0003 99657 A B; document Ref Data=astm-b21 | | | |200401|a| | | document Ref Data=astm-b21 | | |a |191001|a| | | document Ref Data=fed-std-h28 | | |b |190424|a| | | document Ref Data=fed-std-h28 |0020| |b |941221|a| |01| document Ref Data=ff-s-86 | | |g |210127|a| | | document Ref Data=ansi/asq Z1.4 | | | |080101|a| | | document Ref Data=astm-b171 | | | |040501|a| | | document Ref Data=astm-a276 | | | |170315|a| | | document Ref Data=qq-n-281 | | |d |851023|a| 2| | document Ref Data=astm-b283 | | |a |191001|a| | | document Ref Data=astm-a574 | | | |211201|a| | | document Ref Data=astm-a581 | | |b |950910|a| | | document Ref Data=astm-a582 | | | |211101|a| | | document Ref Data=astm-f606 | | | |191115|a| | | document Ref Data=qq-b-639 | | |c |160219|a| | | document Ref Data=mil-std-792 | | |f |060519|a| | | document Ref Data=mil-dtl-1222 | | |j |001208|a| | | document Ref Data=sae Ams 5640 | | |v |160201|a| | | document Ref Data=sae Ams-s-7720 | | | |970901|a| | | document Ref Data=iso_9001 | | | |081115|a| | | document Ref Data=iso10012 | | | |030415|a| | | document Ref Data=mil-dtl-15024 | | |g |180303|a| | | document Ref Data=iso/iec 17025 | | | |050515|a| | | document Ref Data=mil-i-45208 | | |a |810724|a| 1| | document Ref Data=mil-std-45662 | | |a |880801|a| | | document Ref Data=sae Ams-qq-s-763 | | |d |150301|a| | | document Ref Data=ansi/ncsl Z540.3 | | | |130326|a| | | document Ref Data=0900-lp-001-7000 | | | |810101|c| |01| document Ref Data=s9074-aq-gib-010/248 | | |1 |191112|a| | | document Ref Data=t9074-as-gib-010/271 | | |1 |140911|a| | | document Ref Data=s9074-ar-gib-010a/278 (chg A) | | | |130214|a| | | 3. Requirements 3.1 Refurbished Material Statement Of Work (repair Sow) - 3.1.1 Inspection - Clean And Determine If Refurbishment Is Possible. At Disassembly, The Contractor Must Record All Identifying Markings Found On The Parts Of Each Assembly. The Contractor Must Maintain Traceability Of These Markings To Each Unit Throughout refurbishment. 3.1.2 Identifying Markings - Part Must Have A Mic (material Identification A And Control) Code, Heat/heat Lot Code, Or Unique Contractor Traceability Number/code That Is Visible On The Part. See Material Traceability In Paragraph 3 (quality Assurance provisions) Of This Contract For Traceability Requirements. The Mic Code Can Consist Of A 2, 3, Or 4 Letter Material Identifier, 4 Or 5 Digit Julian Date, 3 Digit Lot Serial Number, And Certifying Activity Designator (cad) Which Will Be 1 Or 2 Letters; The 4 parts Are Normally Separated By Hyphens; Examples: Tia-3089-30-qq And St-06262-506-a. 3.1.3 Re-useable Parts - - Any Parts Of The Original Assembly That Are Useable (replacement Is Not Necessary), That Are Properly Marked As Identified Above, And That Have Material Certifications Available May Be Utilized As Initially Supplied. Certifications Are Not Required To Be resubmitted By The Contractor. - Any Parts Of The Original Assembly That Are Useable (replacement Is Not Necessary), Are Properly Marked As Identified Above, But Material Certifications Are Not Available At The Contractor's Facility, A Waiver Must Be Submitted In Accordance With waiver/deviation (configuration Control) Requirements Specified Elsewhere In The Contract. 3.1.4 Non-useable Parts - -any Parts Of The Original Assembly That Are Not Properly Marked As Identified Above Must Be Replaced And The Required Certifications Must Be Submitted. - Any Parts Of The Original Assembly That Are Not Usable (replacement Is Necessary) Must Be Replaced And The Required Certifications Must Be Submitted. 3.1.5 Refurbishment - Upon Completion Of Inspection, This Item Must Be Refurbished To Be In Accordance With ;marotta Drawing 280912-0004, Part Number 280912-0004, Assembly Model Spv83 And Ms 5950-081-091 Rev - Chg 16 (csd609); , Except As Amplified Or Modified herein. This Applies To All "parts Requiring Certification" As Identified Elsewhere In This Contract/purchase Order. 3.1.6 Additional Sow Requirements - ;n/a; 3.2 ;for The Potting Compound, Item 93 On Marotta Drawing 284031-0001, The Use Of Dow Silastic Rtv-3110 In Lieu Of Rtv 751 Or 501 Is Acceptable.; 3.3 Contract Support Library - Additional Requirements For This Item Are Identified As Contract Support Library Reference Number ;csd609; In Ecds At Https://register.nslc.navy.mil/ 3.4 Material For Parts Requiring Certification - Quantitative Chemical And Mechanical Analysis Is Required For The Parts Listed Below Unless Specifically Stated Otherwise: ;drawing 280912-0004 (firing Valve Assembly); part - ;body, Item 13; Cover, Item 14; And Fitting, Item 15; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; part - ;socket Head Cap Screws, Items 86 And 87; material - ;cres 300 Series Per Ff-s-86 (mechanical Properties As Modified By General Note 13 Of Drawing 280912-0004); ;drawing 233985-0001, Part Number 233985-0001 Or Drawing 233985-0003, Part Number 233985-0003 (differential Pressure Indicator); part - ;body, Part Number 233985-0001 On Drawing 233985-0001 Or Body, Part Number 233985-0003 On Drawing 233985-0003; material - ;qq-n-281 Or Cres 300 Series Per Astm-a581 Or Astm-a582 Or Sae-ams-qq-s-763 Or Sae-ams-5640; ;drawing 236001-0003 (dome System Assembly); part - ;retainer, Item 25; Body, Item 36; And Plug, Item 81; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; part - ;housing, Item 28; material - ;astm-b21, Alloy C46400, Temper H02; part - ;socket Head Cap Screw, Item 83; material - ;cres Per Ff-s-86; ;drawing 281015-0001 (relief Valve Assembly); part - ;retainer, Item 17 And Body, Item 18; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; ;drawing 235445-0002 (compensator Assembly); part - ;housing, Item 12 And Cover, Item 13; material - ;qq-n-281; part - ;socket Head Cap Screw, Item 60; material - ;cres 300 Series Per Sae-ams-s-7720 Or Sae-ams-qq-s-763 Or Astm-a276 Or Ff-s-86; ;drawing 283538, Part Number 283538-1344 (hand Valve Assembly); part - ;retainer Screw, Item 13; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; part - ;stem, Item 15; material - ;sae-ams-qq-s-763, Class 316, Condition A; ;drawing 284031-0001 (pilot Valve Assembly); part - ;nut, Item 25; material - ;astm B21, Uns C46400, Temper H04 Or H02 With The Following Minimum Properties: Yield Strength: 30,000 Psi tensile Strength: 58,000 Psi elongation: Per Astm B21 For The Starting Material Size And Temper; part - ;body, Item 32; material - ;sae-ams-qq-s-763, Class 316; ;drawing 236463 (interlock Assembly); part - ;adapters, Items 20 And 25; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; part - ;body, Item 22; material - ;qq-b-639, Alloy 464 Or Astm-b171, Alloy C46400 Or Astm-b21, Alloy C46400, Temper H02; ;drawing 236461 (regulator Assembly); part - ;guide, Item 15; Body, Item 26; Cover, Item 28; And Plug, Item 85; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; part - ;socket Head Cap Screw, Item 82; material - ;cres Per Ff-s-86 (mechanical Properties As Modified By Note 12 Of Drawing 236461); ;drawing 233029, Part Number 233029-0001 (screw Assembly); part - ;screw, Item 12; material - ;cres 300 Series Per Sae-ams-qq-s-763 Or Sae-ams 5640 Or Astm-a581 Or Astm-a582; 3.5 Testing Certification - Certifications Are Required For The Following Tests On The Items Listed Below. Additional Testing On Other Piece Parts (if Any) Per Applicable Drawings And Specifications Is Still Required, But Certifications Are Only Required As listed Below. test - Non-destructive Tests item - ;weld Repair And/or Production Weld (as Applicable); performance - Per Applicable Fabrication Specification acceptance - Per Applicable Fabrication Specification test - Intergranular Corrosion Test (only For Sae-ams-qq-s-763, Classes 304-condition A, 304l, 316-condition A, 316l, 317-condition A, 321 And 347 Material. Test Must Be Performed Prior To Fabrication/machining) item - ;body, Item 13, Cover, Item 14, And Fitting, Item 15 On Drawing 280912-0004; Body On Drawing 233985-0001 Or 233985-0003; Retainer, Item 25, Body, Item 36, And Plug, Item 81 On Drawing 236001-0003; Retainer, Item 17 And Body, Item 18 On Drawing 281015-0001; Socket Head Cap Screw , Item 60 On Drawing 235445-0002; Retainer Screw, Item 13 And Stem, Item 15 On Drawing 283538; Body, Item 32 On Drawing 284031-0001; Adapters, Items 20 And 25 On Drawing 236463; Guide, Item 15, Body, Item 26, Cover, Item 28, and Plug, Item 85 On Drawing 236461; And Screw, Item 12 On Drawing 233029; performance - Sae-ams-qq-s-763 acceptance - Sae-ams-qq-s-763 test - ;liquid Penetrant Inspection; item - ;items 86 And 87 Of Drawing 280912-0004, Item 83 Of Drawing 236001-0003, Item 82 Of Drawing 236461, And Item 60 Of Drawing 235445-0002; performance - T9074-as-gib-010/271; Sampling Must Be Per Mil-dtl-1222 acceptance - Mil-dtl-1222 test - ;acceptance Test; item - ;each Assembly; performance - ;atp280912-0004; acceptance - ;atp280912-0004; 3.6 The Pressure Tolerance Must Be As Specified In The Assembly Drawing, Detail Drawing, Design Specification Or Elsewhere In This Contract. Where Pressure Tolerances Are Not Provided By Drawings, Specifications Or Specified Elsewhere In This Contract, The following Must Be Used: For Pressure Tests Below 100 Psig, The Pressure Tolerance Must Be +1 Psig / -0 Psig. For Pressure Tests At Or Above 100 Psig Up To And Including 2500 Psig, The Pressure Tolerance Must Be +2% / -0 Psig Rounded Off To The Nearest Multiple Of The Smallest Graduation On An Analog Test Pressure Gauge, Not To Exceed 50 Psig. For Pressure Tests Above 2500 Psig, The Pressure Tolerance Must Be +2% / -0 Psig, Rounded Off To The Nearest Multiple Of The Smallest Graduation On An Analog Test Pressure Gauge, Not To Exceed 200 Psig. the Pressure Test Time Tolerance Must Be As Specified In The Assembly Drawing, Detail Drawing, Design Specification Or Elsewhere In This Contract. Where Pressure Test Time Tolerances Are Not Provided By Drawings, Specifications Or Specified Elsewhere In This contract, The Following Must Be Used: For A Test Duration Up To And Including 1 Hour, The Tolerance Must Be +5 Minutes / - 0 Minutes. For A Test Duration Of More Than 1 Hour Up To And Including 24 Hours, The Tolerance Must Be +30 Minutes / - 0 Minutes. For A Test Duration Of More Than 24 Hours, The Tolerance Must Be +60 Minutes / - 0 Minutes. 3.7 Wedge Tensile Test Specimens (headed Fasteners) - A Wedge Tensile Test Must Be Conducted On A Full Size Fastener For Each Production Lot And Reported Aspart Of The Mechanical Properties. The Required Specimens For The Wedge Tensile Test Must Be Separate fasteners From Those Required For The Yield Test. 3.7.1 Testing For Socket Head Cap Screws Must Be In Accordance Mil-dtl-1222, Paragraphs 4.5.2.3 And 4.5.2.3.1. 3.7.2 Testing For All Other Headed Fasteners With A Nominal Diameter Greater Than 1/4-inch Must Be In Accordance With Astm-f606 For Grades 5, 8, B7, And B16.for All Other Grades, The Following Wedge Angles Must Be Used. a. Except As Specified In Item C Below, Fasteners With A Nominal Diameter Of 1/4-inch Through 1-inch (inclusive) Must Be Tested With A Ten Degree Wedge. b. Except As Specified In Item C Below, Fasteners With A Nominal Diameter Over 1-inch Must Be Tested With A Six Degree Wedge. c. Fasteners That Are Of Grades 8, B7, B16, 410, 416, 416se, 431, And 630 And Are Threaded Within One Diameter To The Underside Of The Head Must Be Tested As Follows: sizes 1/4 Inch Through 3/4 Inch (inclusive) Use A Six Degree Wedgesizes Over 3/4 Inch Use A Four Degree Wedge d. Fasteners Which Have Passed Testing With Wedge Angles Greater Than Those Specified Should Be Considered Acceptable. 3.7.3 For Fasteners Having A Length Less Than The Minimum Specified In Table 1 Of Astm-f606, One "test Specimen Fastener" Must Be Manufactured From Each Lot Of Fasteners And Tested To Represent That Lot. The Length Of These Test Specimen Fasteners Must Meet the Minimum Specified In Table 1 Of Astm-f606 But Must Not Exceed It By More Than 1/4 Inch. Test Specimen Fasteners Must Be The Same Type, Style, And Diameter As The Production Lot And Must Be Manufactured From The Same Starting Material, Using The Same manufacturing Techniques As The Production Lot, And Must Be Heat Treated (if Required) Along With The Production Lot. 3.8 Ff-s-86 Mechanical Property And Metallographic Testing Sample Sizes Must Use Asq Z1.4 Inspection Level S-1 With Aql = 1.0.note: The Sample Size Values Must Conform To Ff-s-86e And Earlier Revisions. 3.9 Internal Threads - All Internal Threads Must Be Formed By Cutting. Cold Forming Of Internal Threads Is Not Acceptable. 3.10 Thread Inspection Requirements - All Threads On Threaded Parts Must Be Inspected Using Appropriate Inspection Methods, Inspection Systems, And Inspection Gages/instruments In Accordance With Fed-std-h28 Series. Substitution Of Thecommercial Equivalent inspection In Accordance With Asme B1 Series Is Acceptable. 3.10.1 System 21 Of Fed-std-h28/20 Must Be Used As A Minimum Inspection Requirement For Threads When The Design Drawing Or Design Specification Does Not Specify An Inspection Requirement. 3.10.2 For Navy And Shipyard Drawings, System 21 Of Fed-std-h28/20 May Be Substituted For System 22 Without Further Navy Approval When The Design Drawing Invokes System 22 And Does Not Cite Governing Specifications That Specifically Require System 22. System 22 Of Fed-std-h28/20 Must Be Used When The Drawing References Other Governing Specifications That Specifically Require System 22, Such As Certain Thread Types Of Mil-dtl-1222. 3.10.3 A Written Request For Concurrence Must Be Submitted When Utilizing Alternative Measuring Equipment Or Measuring Systems Not Applicable To The Specified Inspection System. 3.11 Specification Change - For Qq-n-281, Class B Material: 1 - Footnote 9 To Table Ii Of Qq-n-281 Does Not Apply. 2 - When Starting Material Is Round Bar Greater Than 3" Dia, The Mechanical Properties Of Hex Bar Apply. 3.12 O-ring Grooves And Mating Sealing Surfaces Must Be Inspected Per The Contractually Invoked Drawings Or Specifications. When The Drawings Or Specifications Do Not Provide Specific Defect Criteria Or State That No Defects Are Allowed, The General acceptance Criteria (gac) Standard Must Be Used For Inspecting O-ring Grooves And Mating Sealing Surfaces Only. Repairs To Sealing Surfaces And O-ring Grooves With Unacceptable Defects May Be Accomplished Within The Limits Of The Size And Tolerances Provided in The Applicable Drawing. Repairs Thatwould Exceed These Limits Require Approval (including Final Dimensions). The Data That Is Red Lined (crossed Out) Is Excluded From The Gac For This Contract And Is Not To Be Used For Acceptance Or Rejection Criteria. the Gac Document Is Identified As Contract Support Library Reference Number Csd008 At Https://register.nslc.navy.mil/ 3.13 Component Identification Description (cid) - When Applicable Drawing(s) And/or Specification(s) Specify That A Nameplate Or Identification Plate Is Required, The Cid Number ( ;cid 887245330; ) Must Be Added. When No Plate Is Specified, An Identification plate In Accordance With Mil-dtl-15024, Type "c" On Brass Or Type "h" On Aluminum Must Be Securely Attached To Each Assembly Showing The Above Cid Number. No Assembly Must Be Shipped Without The Cid Number Attached. 3.14 Welding Or Brazing - When Welding, Brazing, And Allied Processes Are Required, As Invoked By Section C Paragraph 3 Requirements, They Must Be In Accordance With S9074-ar-gib-010a/278, 0900-lp-001-7000 For Brazing Of Piping And Pressure Vessel applications, Or S9074-aq-gib-010/248 For Brazing Of Other Applications. For All Production And Repair Welding And Brazing Personnel And Procedures Must Be Qualified Under S9074-aq-gib-010/248 Or 0900-lp-001-7000, As Applicable. Procedures And Qualification data Must Be Submitted For Review And Approval Prior To Performing Any Welding Or Brazing. 3.15 Certificate Of Compliance - (special Emphasis Material) The Contractor Must Prepare And Submit A Certificate Of Compliance Certifying That The Items/components Furnished Under This Contract Comply With The Requirements Of The Procurement Document, including Any/all Invoked Specifications And Drawings. 3.16 Configuration Control - The Contractor Must Maintain The Total Equipment Baseline Configuration. For Items Of Proprietary Design, Contractor Drawings Showing The Latest Assembly Configuration Must Be Provided To The Government In Electronic (c4) Format. definitions Are Provided Elsewhere In The Contract/purchase Order. 3.16.1 Waivers/deviations - All Waivers And Deviations, Regardless Of Significance Or Classification Require Review And Approval By The Contracting Officer. Waivers And Deviations Must Be Designated As Critical, Major, Or Minor. The Contractor Must Provide a Copy Of This Request To The Qar. Requests Must Include The Information Listed Below. A. A Complete Description Of The Contract Requirement Affected And The Nature Of The Waiver/deviation (non-conformance), Including A Classification Of Critical, Major, Or Minor. B. Number Of Units (and Serial/lot Numbers) To Be Delivered In This Configuration. C. Any Impacts To Logistics Support Elements (such As Software, Manuals, Spares, Tools, And Similar) Being Utilized By Government Personnel Or Impacts To The Operational Use Of The Product. D. Information About Remedial Action Being Taken To Prevent Reoccurrence Of The Non-conformance. 3.16.2 All Requests For Waivers/deviations On Navsup-wss Contracts Must Be Submitted To The Navsup Wss Contracting Specialist Via Email. 3.16.3 Ecps - The Government Will Maintain Configuration Control And Change Authority For All Modifications Or Changes Affecting Form, Fit, Function, Or Interface Parameters Of The Equipment And Its Sub-assemblies. The Contractor Must Submit An Engineering change Proposal (ecp) For Any Class I Or Ii Changes That Impact The Equipment Covered By This Contract. Ecps Must Be Prepared In Contractor Format, And Must Include The Following Information: A. The Change Priority, Change Classification (class I Or Class Ii), And Change Justification. B. A Complete Description Of The Change To Be Made And The Need For That Change. C. A Complete Listing Of Other Configuration Items Impacted By The Proposed Change And A Description Of The Impact On Those Cis. D. Proposed Changes To Documents Controlled By The Government. E. Proposed Serial/lot Number Effectivities Of Units To Be Produced In, Or Retrofitted To, The Proposed Configuration. F. Recommendations About The Way A Retrofit Should Be Accomplished. G. Impacts To Any Logistics Support Elements (such As Software, Manuals, Spares, Tools, And Similar) Being Utilized By Government Personnel In Support Of The Product. H. Impacts To The Operational Use Of The Product. I. Complete Estimated Life-cycle Cost Impact Of The Proposed Change. J. Milestones Relating To The Processing And Implementation Of The Engineering Change. 3.17 Mercury Free - Mercury And Mercury Containing Compounds Must Not Be Intentionally Added Or Come In Direct Contact With Hardware Or Supplies Furnished Under This Contract. Mercury Contamination Of The Material Will Be Cause For Rejection. 3.18 Navsea 0948-lp-045-7010 - Any Applicable Requirements Of Navships 4410.17,navsea 0948-lp-045-7010, Or 0948-045-7010 Which The Contractor Must Meet Are Included In This Contract/purchase Order. The Above Documents Are For Governmentuse Only. Further application Of The Above Documents Is Prohibited.prohibited. 3.18.1 Marking Of Material With A Material Designator Per The Drawing Is Also Prohibited, With The Exception Of Fasteners. Fasteners Must Be Marked With A Material Symbol/designator As Specified Elsewhere In This Contract. ^ Quality Assurance Requirements ^ 3.19 See Cdrl Di-misc-80678 (test Certification) - A Statement Of Tests Performed, Listing The Pieces Tested Must Be Furnished Along With A Copy Of The Test Results. Certification Must Include The Contractor's Name, Address And Date, Quantity Inspected, identified To The Contract/purchase Order And Item Number, And The Contractor's Or Authorized Personnel's Signature. Test Certifications Must Reference The Standard/specification, Including The Revision, To Which The Testing Was Performed And The Acceptance criteria Used. Test Procedure Numbers May Also Be Referenced On Test Reports. Test Reports On Weldments Must Be Identified To Weld Joint And Layer. 3.20 Welding Requirements - When Production Or Repair Welding Is Required, The Applicable Welding Procedure(s) And Qualification Data Must Be Submitted For Review And Approval. In Addition, The Consumed Weld Metal C Of C As Defined Below Must Be Submitted As part Of The Certification Oqe Package Submitted By The Contractor. note: These Requirements Do Not Apply To Tack/spot Welds. 3.20.1 Approval Of The Contractor's Qualification Data Must Be Obtained Prior To Performing Any Welding (production Or Repair). 3.20.2 If The Contractors Qualification Data Has Previously Been Approved By The Navy For Other Contracts, A Copy Of The Original Approval Letter May Be Submitted Along With The Procedures And Qualification Data Report To Expedite The Approval Process. The approval Letter Must Reference The Applicable Welding Procedure And Qualification Data Report Identification/number. Prior Approval Does Not Guarantee Acceptance For This Or Any Future Contracts. As Far As Practical, All Procedures For The Contract Must Be submitted At The Same Time. Welding Procedures And Qualification Data Must Be Submitted In A Commercially Available Electronic Format Such As Adobe Acrobat Pdf. The Contractor Must State The Applicability Of Each Weld Procedure And Qualification Data Submitted, citing The Drawing Number And Pieces To Be Welded. (i.e. ''wp-123 And Qd-123 Are Submitted For The Weld Joint Between Pieces 1 And 2 On Drawing Abc'.' Wp-456 And Qd-456 Are Submitted For The Hardfacing Of Piece 3 On Drawing Xyz'') 3.20.3 The Pco's Authorization For The Use Of Weld Procedure(s) And Qualification Data For The Specific Application As Submitted Does Not Mitigate The Vendors Responsibility To Comply With The Requirements Of S9074-aq-gib-010, S9074-ar-gib-010a/278,248d The contract. 3.20.4 Authority For The Repair Of Special Repairs In Castings, The Repair Of Wrought Material, Or The Repair Of Forged Material Must Be Obtained Via Request For Waiver From The Procurement Contracting Officer. This Request Must Describe The Defect; Including size, Depth, Location, And A Description Of The Proposed Repair. Repairs Deemed Minor Or Nominal In Accordance With S9074-ar-gib-010/278 Can Be Made At Contractor Discretion In Accordance With S9074-ar-gib-010/278 Requirements; However, Weld Procedure specification (wps) And Procedure Qualification Record (pqr) Submittals Are Still Required. This Request For Navsup-wss Contracts Must Be Submitted Via The Electronic Contractor Data Submission (ecds) Application. 3.20.5 Any New Procedure Qualification Performed Under This Contract Will Require The Vendor To Provide A Minimum 72 Hour Notification To Dcma With An Offer To Observe The Welding Of The Test Assemblies. The 72 Hour Time Limit May Be Modified Upon Mutual agreement Between The Vendor And Dcma. 3.20.6 When Drawings Require Hardfacing Surface Iron Or Nickel Content Not To Exceed 5%, The Contractor Must Verify Surface Iron Or Nickel Content By Performing Chemical Testing As Defined By The Applicable Drawing. The Chemical Test Results Must Be Submitted as Part Of The Qualification Data. 3.20.7 Additional Qualification Requirements For Production Hardfacing Thickness Less Than 1/8-inch: Macro-etch (or Legible Photomacrographs Clearly Showing The Fusion Area) Must Be Submitted For Review And Show Consistent, Minimized Dilution. All Essential elements And Any Elements Not Listed In S9074-aq-gib-010/248 That Influence Dilution Must Be In The Qualification Data And Weld Procedure, With Strict Limits Placed On Each Essential Element. 3.20.8 Preparation And Retention Of Weld Records Is Required, As Specified By Paragraph 4.1.3 Of S9074-ar-gib-010a/278. 3.20.9 When Production Or Repair Welding Is Required On Titanium Materials, Theapplicable Fabrication Plan, Facilities Procedure, Training Plan, And Active Welder Qualification Must Also Be Submitted For Review And Approval. 3.20.10 If The Contractor's Fabrication Plan, Facilities Procedure, Training Plan, Or Active Welder Qualification Has Previously Been Approved By The Navy For Other Contracts, A Copy Of The Original Approval Letter May Be Submitted Along With The Applicable documentation To Expedite The Approval Process. The Approval Letter Must Reference The Applicable Documentation. Prior Approval Does Not Guarantee Acceptance For This Or Any Future Contracts. The Contractor's Fabrication Plan, Facilities Procedure, Training plan, And Active Welder Qualification Must Be Submitted At The Same Time As The Applicable Welding Procedure(s) And Weld Procedure Qualification Data. All Documentation Must Be Submitted In A Commercially Available Electronic Format, Such As Adobe Acrobat Pdf. 3.20.11 A Certificate Of Compliance Is Required For All Weld Filler Metals Used For Production Or Repair Welding, And Must Include The Following: a) Filler Metal Lot Number(s) b) Specification And Type c) A Positive Statement That The Vendor Has Obtained Oqe And Verified That Each Lot Of Weld Filler Material Conforms To Specification Requirements. d) A Positive Statement Verifying That The Weld Filler Metals Were The Correct Material Type Or Grade Prior To Consumption. 3.20.12 When Production Welds Or Repair Welds Are Performed By A Subcontractor, The Requirement For Submission Of All Certification Documentation Required Herein Must Be Passed Down To The Subcontractor. 3.21 Quality System Requirements - The Contractor Furnishing Items Under This Contract/purchase Order Must Provide And Maintain A Quality System In Accordance With Iso-9001 As Amplified Or Modified Herein, With The Calibration System Requirements Of Iso-10012 or Ansi-z540.3 With Iso-17025. A Quality System In Accordance With Mil-i-45208, With The Calibration System Requirements Of Mil-std-45662, Is Acceptable As An Alternate. 3.21.1 The Contractor's Quality System And Products Supplied Under The System Are Subject To Evaluation, Verification Inspection, And Acceptance/nonacceptance By The Government Representative To Determine The System's Effectiveness In Meeting The Quality requirements Established In The Contract/purchase Order. 3.21.2 The Contractor's Quality System Must Be Documented And Must Be Available For Review By The Contracting Officer Or His Representative Prior To Initiation Of Production And Throughout The Life Of The Contract. The Prime Contractor Must, Upon notification, Make His Facilities Available For Audit By The Contracting Officer Or His Authorized Representative. 3.21.3 See Cdrl Di-qcic-81110 (inspection System Procedures) - All Suppliers Of Level I/subsafe (li/ss) Material Are Required To Submit A Copy Of Their Current Documented Quality System Procedures To The Procurement Contracting Officer (pco) Prior To Award Of any Contract/purchase Order. Suppliers That Have A Copy Of Their Current Quality System Procedures On File At The Procuring Activity May Request The Pco Waive This Requirement. 3.21.4 This Contract Provides For The Performance Of Government Quality Assurance At Source. The Place Or Places Of Performance May Not Be Changed Without The Authorization Of The Procurement Contracting Officer. Upon Receipt Of This Order, Promptly notify The Government Representative Who Normally Services Your Plant So That Appropriate Planning For Government Inspection Can Be Accomplished. If You Do Not Have An Assigned Government Representative, Notify The Nearest Defense Contract Management Agency (dcma) Office. In The Event That A Local Government Representative Or Dcma Office Cannot Be Located, Our Purchasing Agent Should Be Notified Immediately. 3.21.5 Any Changes Made By The Contractor To A Qualified Quality System Will Require Re-submittal To The Pco And Concurrence By The Government Quality Assurance Representative Prior To Adoption. 3.22 Contractor Inspection Requirements - The Contractor Must Maintain Adequate Records Of All Inspections And Tests. The Records Must Indicate The Nature And Number Of Observations Made, The Number And Type Of Deficiencies Found, The Quantities Approved And rejected And The Nature Of Corrective Action Taken As Appropriate. Inspection Records Must Be Traceable To The Material Inspected. 3.22.1 The Supplier's Gages, Measuring And Test Equipment Must Be Made Available For Use By The Government Representative When Required To Determine Conformance With Contract Requirements. When Conditions Warrant, The Supplier's Personnel Must Be Made available For Operations Of Such Devices And For Verification Of Their Accuracy And Condition. 3.22.2 All Documents And Reference Data Applicable To This Contract Must Be Available For Review By The Government Representative. Copies Of Documents Required For Government Inspection Purposes Must Be Furnished In Accordance With The Instructions Provided by The Government Representative. 3.23 Subcontractor Inspection Requirements - The Government Has The Right To Inspect At Source, Any Supplies Or Services That Were Not Manufactured Or Performed Within The Contractor's Facility. Such Inspection Can Only Be Requested By Or Under Authorization of The Government Representative. Any Purchasing Documents To A Subcontractor Must Cite The Applicable Portions Of The Contractually Invoked Quality System (e.g. Calibration Requirements), Plus Any Product Requirements That Apply To The Supplies Being purchased. When The Government Elects To Perform Source Inspection At The Subcontractor's Facility, Applicable Purchase Documents Must Be Annotated With The Following Statement: "a Government Inspection Is Required Prior To Shipment From Your Plant. Upon receipt Of This Order, Promptly Notify The Government Representative Who Normally Services Your Plant So That Appropriate Planning For Government Inspection Can Be Accomplished. If You Do Not Have An Assigned Government Representative, Notify The Nearest defense Contract Management Agency (dcma) Office. In The Event That A Local Government Representative Or Dcma Office Cannot Be Located, Our Purchasing Agent Should Be Notified Immediately." 3.23.1 The Prime Contractor's Program Must Include Procedures To Assess The Capability Of The Prospective Suppliers To Produce The Products Or Supply The Services In Accordance With The Contract, Prior To The Issuance Of Any Purchase Document. 3.23.2 Each Sub-tier Supplier Of Material Or Services For Items In Section 3 Of This Contract Must Be Subjected To A Periodic Review Or Audit By The Prime To Determine The Continued Capability Of The Supplier To Control The Quality Of The Products Or Services specified In The Purchase Order Or Contract. 3.23.3 The Prime Contractor Must Ensure That The Purchased Product Conformsto Specified Purchase Requirements And This Contract. The Type And Extent Of Control Applied To The Supplier And The Purchased Product Must Be Dependent Upon The Effect Of The purchased Product On The End Item Represented By This Contract. 3.23.4 The Prime Contractor Must Evaluate The Requirements Of The Contractand Select Suppliers Based On Their Ability To Supply The Product In Accordance With The Prime Contractor's Requirements And The Contract. Criteria For Selection And Evaluation Must Be established. Records Of This Effort Must Be Available For Review By The Government. 3.23.5 The Prime Contractor's Supplier Quality Assurance Program Must Provide For A Review Of Purchase Documents To Assure Applicable Quality Requirements Are Included Or Referenced In The Documentation For Compliance By The Supplier. 3.24 Government Furnished Material And/or Equipment (gfm/gfe) - When Material Or Equipment Is Furnished By The Government, The Contractor Must Develop Documented Control Procedures That Require At Least The Following: 3.24.1 Visual Examination Upon Receipt To Detect Damage During Transit. 3.24.2 Inspection For Completeness And Proper Type. 3.24.3 Verification Of Material Quality Received. 3.24.4 Periodic Inspection And Precautions To Assure Adequate Storage Conditions And To Guard Against Damage From Handling And Deterioration During Storage. 3.24.5 Functional Testing, Either Prior To Or After Installation, Or Both, As Required By The Contract To Determine Satisfactory Operation. 3.24.6 Identification And Protection From Improper Use Or Disposition. 3.24.7 Reporting To The Government, Any Gfm Or Gfe Property Found Damaged, Malfunctioning, Or Otherwise Unsuitable For Use. In The Event Of Damage Or Malfunction During Or After Installation, The Supplier Must Determine And Record Probable Cause And necessity For Withholding The Material From Use. 3.24.8 For Gfe Material, And As Required By The Terms Of The Bailment Agreement, The Supplier Must Establish Procedures For Adequate Storage, Maintenance, And Inspection Of Bailed Government Material. Records Of All Inspection And Maintenance Performed On bailed Property Must Be Maintained. 3.24.9 Material Returned To The Contractor Must Be Handled As Gfm. 3.25 Traceability And Certification Requirements - To Assure That Correct Materials Are Installed In Level I/subsafe Systems, It Is Imperative That Traceability Be Maintained From The Material To The Material Certification Test Report And Other Required objective Quality Evidence (oqe). The Material Certification Report Must Completely And Accurately Reflect That The Material Supplied Meets The Specified Requirements. Materials Requiring Traceability And Certification Data Are Identified Within Paragraph 3, section C Of This Contract/purchase Order. 3.25.1 The Following Provides The Minimum Requirements For Maintaining Material Traceability And Supplements The Requirements Specified In Di-misc-81020 And Elsewhere In The Contract/purchase Order. The Contractor Must Develop Written Procedures That implement The Material Control Requirements Stated Herein And Elsewhere In This Contract/purchase Order. 3.26 Material Traceability - The Certification Data Report Must Be Identified Through A Unique Traceability Number, Heat-lot Number, Or Heat-treat Number, As Applicable, Which Must Also Be Marked On The Material. This Traceability Marking On The Material Must provide Direct Traceability To The Material's Chemical Composition And Mechanical Properties Certification Data. For Material Produced By Batch, Continuous Cast, Or Continuous Pour Processes, Samples Must Be Taken No Less Than Once In Every Eight Hours Of operation For The Purpose Of Validating Proper Chemical Composition And Mechanical Properties. Traceability Must Be Maintained Through All Process Operations Including Any Subcontracted Operations, To The Finished Component. 3.26.1 Material Marking For Traceability And Identification - The Following Are The Minimum Marking Requirements. Additional/alternate Marking Requirements, If Applicable, Will Be Specified Elsewhere In The Contract/purchase Order. In Addition To The marking Requirements On Applicable Drawings And/or Specifications, Marking For Traceability Is Required. All Traceability Markings Must Be Permanently Applied In Accordance With Mil-std-792 (except As Specified Below). An Alternate Marking Method Is permissible Provided It Is An Available Option In The Contractually Invoked Specification Or Drawing, Except In Instances Where The Material Has Been Modified By This Contract/purchase Order And Differs From That Specified In The Specification Or Drawing. 3.26.2 Traceability Markings For Items With Precision Machined Or Plated Surfaces, Or Material With Suitable Marking Surface Areas Less Than 3/8 Inches Square (either 3/8" X 3/8" Or An Area Equal To 0.1406 Inches Square) Must Be Applied To A Durable Tag And the Tag Securely Affixed To The Material. 3.26.3 Traceability Markings Must Be Maintained Through Assembly, And Whenever Possible Must Be Visible After Assembly. For Items Where The Marking Is Not Visible After Assembly, A Durable Tag Must Be Securely Attached To The Assembly Identifying The Part number, Piece Number, Traceability Number, And The Location Of The Permanent Mark. 3.26.4 Marking Must Be Legible And Must Be Located So As To Not Affect The Form, Fit, And Function Of The Material. ;marking To Be As Shown On Drawings.; 3.27 See Cdrl Di-misc-81020 (chemical And Mechanical) - Material Certification - In Addition To The Certification Data Requirements Specified In Di-misc-81020, The Following Material Certification Requirements Apply: 3.27.1 Quantitative Chemical And Mechanical Analysis Of Material Traceable To Traceability Markings Is Required. Material Certification Test Reports Must Include The Class, Form, Condition, Grade, Type, Finish, And/or Composition, As Applicable, Of The material Supplied. 3.27.2 Re-identification And Re-certification Of Material Is Required When The Material Is Subjected To A Process Which Alters It's Properties. If The Starting Material Or Raw Stock Is Processed In A Manner That Will Not Affect Its Chemical Composition Or mechanical Properties, The Original Certifications For The Chemical Composition And Mechanical Properties, As Required By The Material Specification, Are Acceptable. Re-certification Of The Chemical Or Mechanical Properties Is Required If A Process Is Used during Fabrication That Alters The Original Properties Of The Material (e.g. Alloying, Heat Treating, Or Forming). In These Instances, The Properties Of The Material Must Be Re-determined And Documented To Reflect The Altered Condition. The Altered Material must Be Uniquely Re-identified. The Properties Thus Determined And Documented, Are Required For Final Certification And Must Conform To The Material Specification Or The Contract/purchase Order Requirements. When Only The Mechanical Properties Are Altered, the Original Certification Forchemical Composition Must Be Overstamped And Annotated With The Unique Traceability Material And At A Minimum Contain The Information Below. traceability Marking ________________________________________________ (marking On Finished Item) is Fabricated From Raw Material Identified To heat/lot Number ______________ And Heat Treat Number _____________________ (when Applicable) _________________________________________ Date _____________________ (name And Signature Of Auth. Co. Rep.) 3.27.3 Material Certification Data Forwarded By The Manufacturer Must Contain A Signed Certification That The Report Results Represent The Actual Attributes Of The Material Furnished And Indicate Full Compliance With All Applicable Specification And Contract requirements. Transcription Of Certification Data Is Prohibited. 3.27.4 Statements On Material Certification Documents Must Be Positive And Unqualified. Disclaimers Such As "to The Best Of Our Knowledge" Or "we Believe The Information Contained Herein Is True" Are Not Acceptable. 3.27.5 If Material Is Received Without The Required Certification Papers Or With Incorrect/missing Data On The Certification Papers, The Material Will Be Rejected. 3.28 Material Handling - The Written Material Control Process Must Include The Following: 3.28.1 All Raw Materials Must Have Traceability Markings (except As Specified Below). 3.28.2 Stored Raw Materials Requiring Traceability Must Be Segregated To Preclude Intermingling With Materials Not Requiring Traceability. 3.28.3 When Traceability Markings Will Be Removed By A Manufacturing Or Fabrication Process, The Marking Must Be Recorded Prior To Removal And Be Immediately Restored Upon Completion Of The Process. If This Cannot Be Done Or Is Impractical, An Appropriate material Control Procedure (such As A Bag And Tag, Tagging, And/or Tote Box Control) Must Be Employed. The Material Control Procedure Must Provide A Method Of Positive Control To Preclude Commingling Of Heats/lots Or Loss Of Traceability. The Traceability marking Must Be Reapplied Upon Completion Of The Final Manufacturing Process. 3.28.4 Brazing Or Weld Filler Metals For Strength Welds Forming Or Integral With Pressure Containing Components Or Assemblies Requiring Traceability Must Be Verified To Be The Correct Material, And Type Or Grade, As Applicable, Prior To Consumption. At A minimum, Material Verification Must Consist Of Inspection Of Material Test Reports For Conformance To Specified Requirements. Control Of Welding And Brazing Filler Metals Must Be Maintained To The Point Of Consumption To Assure Use Of The Correct Type And grade. Markings And Traceability Requirements Do Not Apply To Brazing And Weld Filler Metals After Consumption. It Is The Responsibility Of The Prime Contractor To Ensure Conformance With The Above Requirements On Welds Performed By Their Subcontractors. 3.28.5 Purchase Orders For Raw Material Must Specify That The Material Be Traceable To Material Certification Test Reports By Traceability Markings On The Material And Identified On The Test Reports. The Certification Data Requirements Contained In di-misc-81020 Must Be Invoked By The Prime Contractor On All Subcontractors Supplying Level I Material. 3.28.6 The Material Control Process Must Include Requirements For The Maintenance Of Traceability For Items Sent Out For Subcontracted Operations. If Such Operations Would Remove Traceability Markings, Purchase Or Work Orders Must Specify A Method And Marking location For Remarking. The Contractor Must Also Ensure That Subcontractor Production Controls Are Adequate To Preclude Commingling Of Materials During Processing. 3.29 Receiving Inspection - 3.29.1 Products And Services Produced By Sub-tier Suppliers For Incorporation In The Contract End Item Must Be Subject To Inspection Or Audit At The Time Of Receipt By The Prime Prior To Further Processing Within The Prime Contractor's Plant Or Shipment To another Location. 3.29.2 Receiving Inspection Must Include As A Minimum - verification That The Traceability Marking On The Material Agrees With That On The Certification Test Reports. verification That Certification Test Reports Are Legible And Complete. verification That The Contents Of The Certification Test Reports Are In Compliance With The Contractually Invoked Specifications And Requirements. 3.30 Discrepancy Reporting - 3.30.1 Nonconforming Products From Sub-tier Suppliers Must Be Identified And Processed In Accordance With The Prime Contractor's Procedures For Controlling Nonconforming Products. The Prime Contractor Must Report The Receipt Of Any Nonconforming Products To the Responsible Sub-tier Supplier In Accordance With Established Procedures. Nonconforming Material Records Must Be Maintained And Available For Review By The Government Quality Assurance Representative (qar). 3.31 Final Inspection - The Following Inspections Must Be Performed Prior To Government Inspection And Acceptance. 3.31.1 Material Sampling - Material Must Be Inspected For Form, Fit, And Function. Lot Acceptance Must Be Based On Zero Defects And Lot Rejection Based On One Defect. The Sample Size Must Be In Accordance With The Sampling Plan(s) In The Applicable Military specification Or Standard, Federal Specification Or Standard, Or Drawing To Which The Material Was Manufactured. In The Absence Of Such Sampling Plans, Sampling Inspection Must Be Per Ansi/asq-z1.4, General Inspection Level Ii (for Sample Size Selection Code), table Iia (for Sample Size). small Lot Sizes - For Lot Sizes Of Fifty Or Less, The Minimum Sample Size Must Be Eight Units. For Lot Sizes Of Eight Or Less, The Sample Size Must Be One Hundred Percent Of The Lot. 3.31.2 The Manufacturer May Elect To Use Statistical Process Control (spc) To Assure Product Quality In Lieu Of The Above Attribute Sampling Plan, Provided That The Spc Methodology/system Used Provides Acceptable Products To The Government. However, The government/navy Receipt Inspection Activity May Perform Their Acceptance Inspection Of The Material Using The Attribute Sampling Plan Outlined Above. 3.31.3 All Data Concerning Material Verification (chemical, Mechanical Or Physical Properties), Traceability (material Certifications To Material Marking), And Nondestructive Test (ndt) Certifications For Material Must Be 100% Inspected. The Certification test Reports Must Also Be 100% Inspected For Completeness And Legibility. 3.31.4 All Material Requiring Traceability Must Be 100% Inspected For Traceability Marking And That The Marking Is Legible. 3.32 Additional Marking For Fasteners - Fasteners Must Be Marked In Accordance With ;mil-dtl-1222; . The Method Of Marking Must Be Types I, Ii, Iii, V, Viii Or Ix Of Mil-std-792 Except For Grades 410, 416 And 431 In The H Condition And Grades 8, 630, A574, and 4340 Which Must Be Marked By Method Ii When Marking Is Applied After The Final Heat Treatment. Markings On Fasteners That Are To Be Coated Must Be Marked Prior To Coating And Have A Minimum Depth Of 4 Mils. Traceability Marking Must Be Legible After The application Of Protective Compounds. 3.32.1 Marking Is Required For All Fasteners Regardless Of Size And Must Include The Material Symbol, The Manufacturer's Identification Symbol, And The Traceability Marking. Marking Must Be Applied On The Head Of Headed Fastener (top Preferred, Side location If Necessary). Self-locking Screws Must Also Be Marked With Six Dots. Where No Contract Invoked Specification Requirement Exists For This Marking, Self-locking Fasteners Must Be Marked With Six Dots Approximately .032" Diameter, Raised Or Depressed by Approximately .010" Located On The Top Perimeter Of The Head Of The Fastener In An Arc Or Circular Pattern. The Six Dots Must Be Distinguishable From All Other Required Markings. 3.33 See Cdrl Di-misc-80678 (special Emphasis C Of C) - The Certificate Of Compliance Must Show Traceability To The Marking Applied On Each Individual Item, And Must Contain The Following Information: 1. Contractor's Name, Address And Date. 2. The Contract/purchase Order Number (for Example: N00104-11-p-fa12) 3. The National Stock Number (nsn). The 18 Character National Stock Number For Special Emphasis Material Includes The Two Digit Cog, The Four Digit Fsc, The 9 Digit Niin, And The Two Digit Smic (for Example: 1h 4820 012345678 L1) ("n/a" When Not Applicable). 4. Lubricants, Sealants, Anti-seize, And/or Thread Locking Compounds ("n/a" When Not Applicable). 5. Certification That O-rings, Packing, Gaskets, Or Other Elastomeric Products Were Installed In A Compressed State Within An Assembly Or Sub-assembly, Prior To Expiration Of The Shelf Life ("n/a" When Not Applicable). 6. Manufacturer's Compound Number ("n/a" When Not Applicable). 7. When Weld Procedure Submittal Is Required By The Contract, A Statement That The Approval Date Of The Qualification Data Precedes Any Production Or Repair Welding Performed On This Contract. ("n/a" When Not Applicable). 8. A Statement To The Effect That All Items Furnished On This Contract Are In Full Compliance With The Specifications And Requirements And List Each Contractually Invoked Conformance/compliance Test Performed By Name And That It Was Performed satisfactorily. 9. Contractor's Or Authorized Personnel's Signature. 4. Quality Assurance 4.1 Notes To Dcma Qar And The Contractor - 4.1.1 Dcma Qar And The Contractor For Proprietary Designs - Departures From Contractor Imposed Requirements, Not Specifically Covered By The Contract, Must Be Judged Individually On The Basis Of The Effect, If Any, On Contractual Requirements. When There Is A disagreement Between The Contractor And The Government Representative As To The Effect On Contractual Requirements, The Departure Must Be Considered A Nonconformance And Be Submitted To The Pco For Disposition. 4.1.2 Dcma Qar And The Contractor For Proprietary Designs - All Records Of Departures From Contractor Imposed Requirements Must Be Maintained And Available For Review At The Contractor's Facility. A Copy Must Be Given To The Local Government Representative. A record Of These Departures, Traceable To The Applicablepart Number And Contract Number Must Be Submitted To The Pco. 4.1.3 Dcma Qar And The Contractor For Proprietary Designs - For Proprietary Designs, The Contractor's Part Numbers Are Acceptable For Reference Only. The Delivered Material Must Conform To All Drawings, Specifications, And Other Contractual Requirements. 4.1.4 Dcma Qar - It Is The Responsibility Of Dcma Qar To Review Non-destructive Testing (ndt) Procedures For Navsup Contracts/purchase Orders. 4.1.5 Dcma Qar And The Contractor - The Ecds (electronic Contractor Data Submission) System Is Available For Certain Data Submissions And To Submit Questions And Clarifications, And Waiver Requests On Contracts And Solicitations. Ecds Can Be Found At: https://register.nslc.navy.mil/ 5. Packaging 5.1 Preservation, Packaging, Packing And Marking - Preservation, Packaging, Packing And Marking Must Be In Accordance With The Contract/purchase Order Schedule And As Specified Below. mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes 6.1 Several Definitions Of Terms That Apply To Csi Items Are Listed Below. All Terms May Not Apply To Every Item. 6.1.1 The Ecds (electronic Contractor Data Submission) System Is At: Https://register.nslc.navy.mil/ This Application Will Require Advance Registration Using A Pki Digital Certificate On A Cac. A Vendor User Guide Is Available As Csd001 In The Csd (contract Support Document) Library Within Ecds. 6.1.2 Critical Safety Item (csi) - Any Ship Part, Assembly, Or Support Equipment Containing A Critical Characteristic Whose Failure, Malfunction, Or Absence Of Which Could Cause A Catastrophic Or Critical Failure Resulting In Loss Of, Or Serious Damage To The ship, Or Unacceptable Risk Of Personal Injury Or Loss Of Life. 6.1.3 Critical Process - As Determined By The Twh, Any Process, Operation Or Action Performed On A Ship Csi That Serves To Establish A Critical Characteristic (such As Welding, Soldering, Machining, Polishing, Cleaning, Or Assembling) Or Confirm That A critical Characteristic Is Within Drawing Or Specification Compliance (such As, Testing, Measurement, Or Non-destructive Evaluation). 6.1.4 First Article - Pre-production Models, Initial Product Samples, Test Samples Produced To Ensure A Manufacturer's Capability To Meet Full Specification Requirements. 6.1.5 First Article Test (fat) - Contractually Required Testing And Inspection Of A Supplier's Pre-production, Production, Or "production Representative" Specimens To Evaluate A Manufacturer's Ability To Produce Conforming Product Prior To The Government's commitment To Receive Subsequent Production Items. First Article Testing Is Product Specific And Does Not Assess Manufacturing Process Controls Nor Does It Assure The Effectiveness Of The Manufacturer's Quality Program. 6.1.6 Government Source Inspection (gsi) - Gsi Is Independent Oversight Performed By A Government Representative Usually A Dcma Quality Assurance Representative (qar)) To Assure That Those Unique Product Quality And System Elements, Identified By The contracting Agency As Important, Are Observed And Evaluated. 6.1.7 Quality Assurance Letter Of Instruction (qali) - A Qali Is A Formal Document Initiated By A Contracting Activity That Provides Essential Requirements And Instructions For Contracted Materials To Be Independently Verified And Accepted By A Government representative Prior To Shipment. 6.1.8 Objective Quality Evidence (oqe) - The Quantitative And Qualitative Data Of All Mechanical, Chemical, And Performance Tests Performed (as Required By The Applicable Specification, Drawing, Or Purchase Document) To Prove That The Material Supplied conforms To The Specified Requirements. 6.1.9 Surface Discontinuity - Any Surface Irregularity, Marking, Or Localized Change In Physical Character Of The Surface, Other Than Dimensional, That Exists Infrequently At One Or Several Places. (examples: Burrs, Dents, Nicks, Scratches, Gouges, Pits, center-punches, Scribes, And Tool Marks) Surface Discontinuities Less Than 0.005-inch In Depth Are Acceptable Provided They Do Not Violate Any Other Design Requirements Specified In This Contract/purchase Order. 6.1.10 Traceability Code - A Code Or Number Providing Traceability To The Actual Chemical And Mechanical Properties Of The Specified Heat, Batch, Or Form From Which The Material Originated. 6.1.11 Verification - An Examination Performed To Determine Compliance With A Specific Requirement. 6.1.12 Nonconformance - A Nonconformance Is Defined As Affecting Or Violating The Following: - The Requirements Of This Contract/purchase Order. - Contractually Invoked Drawings (i.e. Envelope Dimensions, Interface Dimensions With Mating Parts/equipment, Center Of Gravity, Weights, Piece Part Identification, Material, Etc.). - Contractually Invoked Federal, Military, Or Commercial Specifications And/or Standards. - Form, Fit, Function, Performance To Contract Requirements, Reliability, Maintainability, Interchangeability, Safety Of Personnel Or Equipment, Or Additional Cost To The Government. 6.1.13 Waiver - A Written Authorization To Accept An Item, Which During Manufacture, Or After Having Been Submitted For Government Inspection Or Acceptance, Is Found To Depart From Specified Requirements, But Nevertheless Is Considered Suitable For Use As Is or After Repair By An Approved Method. 6.1.14 Deviation - A Specific Written Authorization (granted Prior To The Manufacture Of An Item) To Depart From A Particular Requirement(s) Of An Item's Current Approved Configuration Documentation For A Specific Number Of Units Or A Specified Period Of time, And To Accept An Item Which Is Found To Depart From Specified Requirements, But Nevertheless Is Considered Suitable For Use "as Is" Or After Repair By An Approved Method. 6.1.15 Critical Waiver/deviation - This Waiver/deviation Consists Of A Departure Involving Safety. 6.1.16 Major Waiver/deviation - This Waiver/deviation Consists Of A Departure Involving: - Performance - Interchangeability, Reliability, Survivability, Maintainability, Or Durability Of The Item Or Its Repair Parts - Health Or Safety - Effective Use Or Operation -

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 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 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 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.