Transportation Tenders

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

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

Details: Description S P E C I F I C A T I O N S B.5 Project Billboard The Contractor Shall Install One (1) Billboard Measuring 8 Ft. X 8 Ft. Tarpaulin, In Front Of The Project Site. Project Billboard Shall Be Installed For Government Information Projects To Inform The Public Of The Implementation Of The Project And To Advise The Road Users Of The On-going Construction. Upon Completion Of The Work, All Signs Installed Shall Be Removed From The Site. 102(1) Roadway Excavation Removal Of Unsuitable Material Where The Plans Show The Top Portion Of The Roadbed To Be Selected Topping, All Unsuitable Materials Shall Be Excavated To The Depth Necessary For Replacement Of The Selected Topping To The Required Compacted Thickness. Where Excavation To The Finished Graded Section Results In A Subgrade Or Slopes Of Unsuitable Soil, The Engineer May Require The Contractor To Remove The Unsuitable Material And Backfill To The Finished Graded Section With Approved Material. The Contractor Shall Conduct His Operations In Such A Way That The Engineer Can Take The Necessary Cross-sectional Measurements Before The Backfill Is Placed. The Excavation Of Muck Shall Be Handled In A Manner That Will Not Permit The Entrapment Of Muck Within The Backfill. The Material Used For Backfilling Up To The Ground Line Or Water Level, Whichever Is Higher, Shall Be Rock Or Other Suitable Granular Material Selected From The Roadway Excavation, If Available. If Not Available, Suitable Material Shall Be Obtained From Other Approved Sources. Unsuitable Material Removed Shall Be Disposed Off In Designated Areas Shown On The Plans Or Approved By The Engineer. Item 201 – Aggregate Base Course 201.1 Description This Item Shall Consist Of Furnishing, Placing And Compacting An Aggregate Base Course On A Prepared Sub-grade/sub-base In Accordance With This Specification And The Lines, Grades, Thickness And Typical Cross-sections Shown On The Plans, Or As Established By The Lgu Project Engineer. 201.2 Material Requirements Aggregate For Base Course Shall Consist Of Hard, Durable Particles Or Fragments Of Crushed Stone, Crushed Slag Or Crushed Or Natural Gravel And Filler Of Natural Or Crushed Sand Or Other Finely Divided Mineral Matter. The Composite Material Shall Be Free From Vegetable Matter And Lumps Or Balls Of Clay, And Shall Be Of Such Nature That It Can Be Compacted Readily To Form A Firm, Stable Base. In Some Areas Where The Conventional Base Course Materials Are Scarce Or Non-available, The Use Of 40% Weathered Limestone Blended With 60% Crushed Stones Or Gravel Shall Be Allowed, Provided That The Blended Materials Meet The Requirements Of This Item. The Base Course Material Shall Conform To Table 201.1, Whichever Is Called For In The Bill Of Quantities Table 201.1 – Grading Requirements Sieve Designation Mass Percent Passing Standard, Mm Alternate Us Standard Grading A Grading B 50 2” 100 37.5 1-1/2” - 100 25.0 1” 60 – 85 - 19.0 ¾” - 60 – 85 12.5 ½” 35 – 65 - 4.75 No. 4 20 – 50 30 – 55 0.425 No. 40 5 – 20 8 – 25 0.075 No. 200 0 – 12 2 – 14 The Fraction Passing The 0.075 Mm (no. 200) Sieve Shall Not Be Greater Than 0.66 (two Thirds) Of The Fraction Passing The 0.425 Mm (no. 40) Sieve. The Fraction Passing The 0.425 Mm (no. 40) Sieve Shall Have A Liquid Limit Not Greater Than 25 And Plasticity Index Not Greater Than 6 As Determined By Aashto T 89 And T 90, Respectively. The Coarse Portion, Retained On A 2.00 Mm (no. 10) Sieve Shall Have A Mass Percent Of Wear Not Exceeding 50 By The Los Angeles Abrasion Test Determined By Aashto T 96. The Material Passing The 19 Mm (3/4 Inch) Sieve Shall Have A Soaked Cbr Value Of Not Less Than 80% As Determined By Aashto T 193. The Cbr Value Shall Be Obtained At The Maximum Dry Density (mdd) As Determined By Aashto T 180, Method D. If Filler, In Addition To That Naturally Present, Is Necessary For Meeting The Grading Requirements Or For Satisfactory Bonding, It Shall Be Uniformly Blended With The Base Course Material On The Road Or In A Pug Mill Unless Otherwise Specified Or Approved. Filler Shall Be Taken From Sources Approved By The Lgu Project Engineer, Shall Be Free From Hard Lumps And Shall Not Contain More Than 15 Percent Of Material Retained On The 4.75 Mm (no. 4) Sieve. 201.3 Construction Requirements 201.3.1 Preparation Of Existing Surface The Existing Surface Shall Be Graded And Finished As Provided Under Item 105, Sub-grade Preparation, Before Placing The Base Material. 201.3.2 Placing It Shall Be In Accordance With All The Requirements Of Subsection 200.3.2, Placing. 201.3.3 Spreading And Compacting It Shall Be In Accordance With All The Requirements Of Subsection 200.3.3, Spreading And Compacting. 201.3.4 Additional Filler Additional Filler, When Required And When Not Added At The Screening Plant, Shall Be Spread In A Uniform Layer Over The Loosely Spread Base Material As Specified By The Lgu Project Engineer, Scarified By Appropriate Heavy Equipment And Then Watered And Mixed As Described Above. These Materials Are Incidental To The Work And No Payment Shall Be Made By The Project To The Contractor. 201.3.5 Trial Sections Trial Sections Shall Conform In All Respects To The Requirements Specified In Subsection 200.3.4. 201.3.6 Tolerances The Aggregate Base Course Shall Be Laid To The Designed Level And Transverse Slopes Shown On The Plans. The Allowable Tolerances Shall Be In Accordance With Following: Permitted Variation From Design Thickness Of Layer ± 10 Mm Permitted Variation From Design Level Of Surface + 5 Mm -10 Mm Permitted Surface Irregularity Measured By 3-m Straight-edge 5 Mm Permitted Variation From Design Crossfall Or Camber ± 0.2% Permitted Variation From Design Longitudinal Grade Over 25 M In Length ± 0.1% 201.4 Environmental Measures During The Course Of Hauling Operations, The Contractor Must At All Times Provide The Necessary Cover For The Dump Body Of The Hauling Equipment To Prevent Accidental Spoilage Of Earth Materials That Will Injure The Travelling Public Or People Living Near By. The Travel Route Of The Hauling Equipment’s Must Always Be Moist To Prevent Blowing Up Of Dusts Particles. Likewise, The Contractor Must Always Observe The Noise Level Of The Exhaust Mufflers Of The Heavy Equipment’s To Be At Minimum. Otherwise, Exhaust Muffler Must Be Provided With Silencers To Reduce Noise Levels Of The Hauling Equipment’s. Travelling Speed Of All Hauling Equipment’s Must Be Reduce When Passing Populated Areas Or At The School Site During School Days. Item 311 – Portland Cement Concrete Pavement 311.1 Description This Item Shall Consist Of Pavement Of Portland Cement Concrete, With Or Without Reinforcement, Constructed On The Prepared Base In Accordance With This Specification And In Conformity With Lines, Grades, Thickness And Typical Cross-section Shown On The Plans. 311.2 Material Requirements 311.2.1 Portland Cement Only Type I Portland Cement Shall Be Used Unless Otherwise Provided For In The Special Provisions. Different Brands Or The Same Brands From Different Mills Shall Not Be Mixed Nor Shall They Be Used Alternately Unless The Mix Is Approved By The Lgu Project Engineer. Cement Which For Any Reason Has Become Partially Set Or Which Contains Lumps Of Caked Cement Will Be Rejected. Cement Salvaged From Discarded Or Used Bags Shall Not Be Used. Samples Of Cement Shall Be Obtained In Accordance With Aashto T 127. 311.2.2 Fine Aggregate It Shall Consist Of Natural Sand, Stone Screenings Or Other Inert Materials With Similar Characteristics, Or Combinations Thereof, Having Hard, Strong And Durable Particles. Fine Aggregate From Different Sources Of Supply Shall Not Be Mixed Or Stored In The Same Pile Nor Used Alternately In The Same Class Of Concrete Without The Approval Of The Lgu Project Engineer. It Shall Not Contain More Than Three (3) Mass Percent Of Material Passing The 0.075 Mm (no. 200 Sieve) By Washing Nor More Than One (1) Mass Percent Each Of Clay Lumps Or Shale. The Use Of Beach Sand Will Not Be Allowed Without The Approval Of The Lgu Project Engineer. If The Fine Aggregate Is Subjected To Five (5) Cycles Of The Sodium Sulfate Soundness Test, The Weighted Loss Shall Not Exceed 10 Mass Percent. The Fine Aggregate Shall Be Free From Injurious Amounts Of Organic Impurities. If Subjected To The Colorimetric Test For Organic Impurities And A Color Darker Than The Standard Is Produced, It Shall Be Rejected. However, When Tested For The Effect Of Organic Impurities Of Strength Of Mortar By Aashto T 71, The Fine Aggregate May Be Used If The Relative Strength At 7 And 28 Days Is Not Less Than 95 Mass Percent. The Fine Aggregate Shall Be Well-graded From Coarse To Fine And Shall Conform To Table 311.1 Table 311.1 – Grading Requirements For Fine Aggregate Sieve Designation Mass Percent Passing 9.5 Mm (3/8 In) 100 4.75 Mm (no. 4) 95 – 100 2.36 Mm (no. 8) - 1.18 Mm (no. 16) 45 – 80 0.600 Mm (no. 30) - 0.300 Mm (no. 50) 5 – 30 0.150 Mm (no. 100) 0 – 10 311.2.3 Coarse Aggregate It Shall Consist Of Crushed Stone, Gravel, Blast Furnace Slag, Or Other Approved Inert Materials Of Similar Characteristics, Or Combinations Thereof, Having Hard, Strong, Durable Pieces And Free From Any Adherent Coatings. It Shall Contain Not More Than One (1) Mass Percent Of Material Passing The 0.075 Mm (no. 200) Sieve, Not More Than 0.25 Mass Percent Of Clay Lumps, Nor More Than 3.5 Mass Percent Of Soft Fragments. If The Coarse Aggregate Is Subjected To Five (5) Cycles Of The Sodium Sulfate Soundness Test, The Weighted Loss Shall Not Exceed 12 Mass Percent. It Shall Have A Mass Percent Of Wear Not Exceeding 40 When Tested By Aashto T 96. If The Slag Is Used, Its Density Shall Not Be Less Than 1120 Kg/m3 (70 Lb./cu. Ft.). The Gradation Of The Coarse Aggregate Shall Conform To Table 311.2. Only One Grading Specification Shall Be Used From Any One Source. Table 311.2 – Grading Requirement For Coarse Aggregate Sieve Designation Mass Percent Passing Standard Mm Alternate U. S. Standard Grading A Grading B Grading C 75.00 3 In. 100 - - 63.00 2-1/2 In. 90-100 100 100 50.00 2 In. - 90-100 95-100 37.5 1-1/2 In. 25-60 35-70 - 25.0 1 In. - 0-15 35-70 19.0 ¾ In. 0-10 - - 12.5 ½ In. 0-5 0-5 10-30 4.75 No. 4 - - 0-5 311.2.4 Water Water Used In Mixing, Curing Or Other Designated Application Shall Be Reasonably Clean And Free Of Oil, Salt, Acid, Alkali, Grass Or Other Substances Injurious To The Finished Product. Water Will Be Tested In Accordance With And Shall Meet The Requirements Of Item 714, Water. Water Which Is Drinkable May Be Used Without Test. Where The Source Of Water Is Shallow, The Intake Shall Be So Enclosed As To Exclude Silt, Mud, Grass Or Other Foreign Materials. 311.2.5 Reinforcing Steel It Shall Conform To The Requirements Of Item 404, Reinforcing Steel. Dowels And Tie Bars Shall Conform To The Requirements Of Aashto M 31 Or M 42, Except That Rail Steel Shall Not Be Used For Tie Bars That Are To Be Bent And Re-straightened During Construction. Tie Bars Shall Be Deformed Bars. Dowels Shall Be Plain Round Bars. Before Delivery To The Site Of Work, One-half Of The Length Of Each Dowel Shall Be Painted With One Coat Of Approved Lead Or Tar Paint. The Sleeves For Dowel Bars Shall Be Metal Of Approved Design To Cover 50 Mm ( 2 Inches), Plus Or Minus 5 Mm (1/4 Inch) Of The Dowel, With A Closed End, And With A Suitable Stop To Hold The End Of The Sleeve At Least 25 Mm (1 Inch) From The End Of The Dowel. Sleeves Shall Be Of Such Design That They Do Not Collapse During Construction. 311.2.6 Joint Fillers Poured Joint Fillers Shall Be Mixed Asphalt And Mineral Or Rubber Filler. Preformed Joint Filler Shall Conform To The Applicable Requirements. It Shall Be Punched To Admit The Dowels Where Called For In The Plans. The Filler For Each Joint Shall Be Furnished In A Single Piece For The Full Depth And Width Required For The Joint. 311.2.7 Admixtures Air-entraining Admixture Shall Conform To The Requirements Of Aashto M 154. Chemical Admixtures, If Specified Or Permitted, Shall Conform To The Requirements Of Aashto M 194. Fly Ash, If Specified Or Permitted As A Mineral Admixture And As 20% Partial Replacement Of Portland Cement In Concrete Mix Shall Conform To The Requirements Of Astm C 618. Admixture Should Be Added Only To The Concrete Mix To Produce Some Desired Modifications To The Properties Of Concrete Where Necessary, But Not As Partial Replacement Of Cement. 311.2.8 Curing Materials Curing Materials Shall Conform To The Following Requirements As Specified; A) Burlap Cloth - Aashto M 182 B) Liquid Membrane Forming Compounds - Aashto M 148 C) Sheeting (film) Materials - Aashto M 171 Cotton Mats And Water-proof Paper Can Be Used. 311.2.9 Calcium Chloride/calcium Nitrate It Shall Conform To Aashto M 144, If Specified Or Permitted By The Lgu Project Engineer, As Accelerator. 311.2.10 Storage Of Cement And Aggregate All Cement Shall Be Stored, Immediately Upon Delivery At The Site, In Weatherproof Building Which Will Protect The Cement From Dampness. The Floor Shall Be Raised From The Ground. The Buildings Shall Be Placed In Locations Approved By The Lgu Project Engineer. Provisions For Storage Shall Be Ample, And The Shipments Of Cement As Received Shall Be Separately Stored In Such A Manner As To Allow The Earliest Deliveries To Be Used First And To Provide Easy Access For Identification And Inspection Of Each Shipment. Storage Buildings Shall Have Capacity For Storage Of A Sufficient Quantity Of Cement To Allow Sampling At Least Twelve (12) Days Before The Cement Is To Be Used. Bulk Cement, If Used, Shall Be Transferred To Elevated Air Tight And Weatherproof Bins. Stored Cement Shall Meet The Test Requirements At Any Time After Storage When Retest Is Ordered By The Lgu Project Engineer. At The Time Of Use, All Cement Shall Be Free-flowing And Free Of Lumps. The Handling And Storing Of Concrete Aggregates Shall Be Such As To Prevent Segregation Or The Inclusion Of Foreign Materials. The Lgu Project Engineer May Require That Aggregates Be Stored On Separate Platforms At Satisfactory Locations. In Order To Secure Greater Uniformity Of Concrete Mix, The Lgu Project Engineer May Require That The Coarse Aggregate Be Separated Into Two Or More Sizes. Different Sizes Of Aggregate Shall Be Stored In Separate Bins Or In Separate Stockpiles Sufficiently Removed From Each Other To Prevent The Material At The Edges Of The Piles From Becoming Intermixed. 311.2.11 Proportioning, Consistency And Strength Of Concrete The Contractor Shall Prepare The Design Mix Based On The Absolute Volume Method As Outlined In The American Concrete Institute (aci) Standard 211.1, “recommended Practice For Selecting Proportions For Normal And Heavyweight Concrete”. It Is The Intent Of This Specification To Require At Least 364 Kg Of Cement Per Cubic Meter Of Concrete To Meet The Minimum Strength Requirements. The Lgu Project Engineer Shall Determine From Laboratory Tests Of The Materials To Be Used, The Cement Content And The Proportions Of Aggregate And Water That Will Produce Workable Concrete Having A Slump Of Between 40 And 75 Mm (1-1/2 And 3 Inches) If Not Vibrated Or Between 10 And 40 Mm (1/2 And 1-1/2 Inches) If Vibrated, And A Flexural Strength Of Not Less Than 3.8 Mpa (550 Psi) When Tested By The Third-point Method Or 4.5 Mps (650 Psi) When Tested By The Mid-point Method At Fourteen (14) Days In Accordance With Aashto T97 And T177, Respectively; Or A Compressive Strength Of 24.1 Mps (3500 Psi) For Cores Taken At Fourteen (14) Days And Tested In Accordance With Aashto T24. Slump Shall Be Determined Using Aashto T 119. The Designer Shall Consider The Use Of Lean Concrete (econcrete) Mixtures Using Local Materials Or Specifically Modified Conventional Concrete Mixes In Base Course And In The Lower Course Composite, Monolithic Concrete Pavements Using A Minimum Of 75 Mm (3 Inches) Of Conventional Concrete As The Surface Course. The Mix Design Shall Be Submitted To The Lgu Project Engineer For Approval And Shall Be Accompanied With Certified Test Data From An Approved Laboratory Demonstrating The Adequacy Of The Mix Design. A Change In The Source Of Materials During The Progress Of Work May Necessitate A New Design Mix. 311.3 Construction Requirements 311.3.1 Quality Control Of Concrete 1. General The Contractor Shall Be Responsible For The Quality Control Of All Materials During The Handling, Blending, And Mixing And Placement Operations. 2. Quality Control Plan The Contractor Shall Furnish The Lgu Project Engineer A Quality Control Plan Detailing His Production Control Procedures And The Type And Frequency Of Sampling And Testing To Insure That The Concrete Produces Complies With The Specifications. The Lgu Project Engineer Shall Be Provided Free Access To Recent Plant Production Records, And If Requested, Informational Copies Of Mix Design, Materials Certifications And Sampling And Testing Reports. 3. Qualification Of Workmen Experienced And Qualified Personnel Shall Perform All Batching Or Mixing Operation For The Concrete Mix, And Shall Be Present At The Plant And Job Site To Control The Concrete Productions Whenever The Plant Is In Operation. They Shall Be Identified And Duties Defined As Follows: A. Concrete Batcher. The Person Performing The Batching Or Mixing Operation Shall Be Capable Of Accurately Conducting Aggregate Surface Moisture Determination And Establishing Correct Scale Weights For Concrete Materials. He Shall Be Capable Of Assuring That The Proportioned Batch Weights Of Materials Are In Accordance With The Mix Design. B. Concrete Technician. The Person Responsible For Concrete Production Control And Sampling And Testing For Quality Control Shall Be Proficient In Concrete Technology And Shall Have A Sound Knowledge Of The Specifications As They Relate To Concrete Production. He Shall Be Capable Of Conducting Tests On Concrete And Concrete Materials In Accordance With These Specifications. He Shall Be Capable Of Adjusting Concrete Mix Designs For Improving Workability And Specification Compliance And Preparing Trial Mix Designs. He Shall Be Qualified To Act As The Concrete Batcher In The Batcher’s Absence. 4. Quality Control Testing The Contractor Shall Perform All Sampling, Testing And Inspection Necessary To Assure Quality Control Of The Component Materials And The Concrete. The Contractor Shall Be Responsible For Determining The Gradation Of Fine And Coarse Aggregates And For Testing The Concrete Mixture For Slump, Air Content, Water-cement Ratio And Temperature. He Shall Conduct His Operations So As To Produce A Mix Conforming To The Approved Mix Design. 5. Documentation The Contractor Shall Maintain Adequate Records Of All Inspections And Tests. The Records Shall Indicate The Nature And Number Of Observations Made, The Number And Type Of Deficiencies Found, The Quantities Approved And Rejected, And Nature Of Any Corrective Action Taken. The Lgu Project Engineer May Take Independent Assurance Samples At Random Location For Acceptance Purposes As He Deems Necessary. 311.3.2 Equipment Equipment And Tools Necessary For Handling Materials And Performing All Parts Of The Work Shall Be Approved By The Lgu Project Engineer As To Design, Capacity And Mechanical Condition. The Equipment Shall Be At The Jobsite Sufficiently Ahead Of The Start Of Construction Operations To Be Examined Thoroughly And Approved. 1. Batching Plant And Equipment A. General. The Batching Shall Include Bins, Weighing Hoppers, And Scales For The Fine Aggregate And For Each Size Of Coarse Aggregate. If Cement Is Used In Bulk, A Bin, A Hopper, And Separate Scale For Cement Shall Be Included. The Weighing Hopper Shall Be Properly Sealed And Vented To Preclude Dusting Operation. The Batch Plant Shall Be Equipped With A Suitable Non-resettable Batch Counter Which Will Correctly Indicate The Number Of Batches Proportioned. B. Bins And Hoppers. Bins With Adequate Separate Compartments For Fine Aggregate And For Each Size Of Coarse Aggregate Shall Be Provided In The Batching Plant. C. Scales. Scales For Weighing Aggregates And Cement Shall Be Of Either The Beam Type Or The Spring-less-dial Type. They Shall Be Accurate Within One-half Percent (0.5%) Throughout The Range Of Use. Poises Shall Be Designed To Be Locked In Any Position And To Prevent Unauthorized Change. Scales Shall Be Inspected And Sealed As Often As The Lgu Project Engineer May Deem Necessary To Assure Their Continued Accuracy. D. Automatic Weighing Devices. Unless Otherwise Allowed On The Contract, Batching Plants Shall Be Equipped With Automatic Weighing Devices Of An Approved Type To Proportion Aggregates And Bulk Cement. 2. Mixers. A. General. Concrete May Be Mixed At The Site Of Construction Or At A Central Plant, Or Wholly Or In Part In Truck Mixers. Each Mixer Shall Have A Manufacturer’s Plate Attached In A Prominent Place Showing The Capacity Of The Drum In Terms Of Volume Of Mixed Concrete And The Speed Of Rotation Of The Mixing Drum Or Blades. B. Mixers At Site Of Construction. Mixing Shall Be Done In An Approved Mixer Capable Of Combining The Aggregates, Cement And Water Into A Thoroughly Mixed And Uniform Mass Within The Specified Mixing Period And Discharging And Distributing The Mixture Without Segregation On The Prepared Grade. The Mixer Shall Be Equipped With An Approved Timing Device Which Will Automatically Lock The Discharge Lever When The Drum Has Been Charged And Released It At The End Of The Mixing Period. In Case Of Failure Of The Timing Device, The Mixer May Be Used For The Balance Of The Day While It Is Being Repaired, Provided That Each Batch Is Mixed 90 Seconds. The Mixer Shall Be Equipped With A Suitable Non-resettable Batch Counter Which Shall Correctly Indicate The Number Of The Batches Mixed. C. Truck Mixer And Truck Agitators. Truck Mixers Used For Mixing And Hauling Concrete, And Truck Agitators Used For Hauling Central-mixed Concrete, Shall Conform To The Requirements Of Aashto M 157. D. Non-agitator Truck. Bodies Of Non-agitating Hauling Equipment For Concrete Shall Be Smooth, Mortar-tight Metal Containers And Shall Be Capable Of Discharging The Concrete At A Satisfactory Controlled Rate Without Segregation. 3. Paving And Finishing Equipment The Concrete Shall Be Placed With An Approved Paver Designed To Spread, Consolidate, Screed And Float Finish The Freshly Placed Concrete In One Complete Pass Of The Machine In Such A Manner That A Minimum Of Hand Finishing Will Be Necessary To Provide A Dense And Homogeneous Pavement In Conformance With The Plans And Specifications. The Finishing Machine Shall Be Equipped With At Least Two (2) Oscillating Type Transverse Screed. Vibrators Shall Operate At A Frequency Of 8,300 To 9,600 Impulses Per Minute Under Load At A Maximum Spacing Of 60 Cm. 4. Concrete Saw The Contractor Shall Provide Sawing Equipment In Adequate Number Of Units And Power To Complete The Sawing With Water-cooled Diamond Edge Saw Blade Or An Abrasive Wheel To The Required Dimensions And At The Required Rate. He Shall Provide At Least One (1) Stand-by Saw In Good Working Condition And With An Ample Supply Of Saw Blades. 5. Forms Forms Shall Be Of Steel, Of An Approved Section, And Of Depth Equal To The Thickness Of The Pavement At The Edge. The Base Of The Forms Shall Be Of Sufficient Width To Provide Necessary Stability In All Directions. The Flange Braces Must Extend Outward On The Base To Not Less Than 2/3 The Height Of The Form. All Forms Shall Be Rigidly Supported On Bed Of Thoroughly Compacted Material During The Entire Operation Of Placing And Finishing The Concrete. Forms Shall Be Provided With Adequate Devices For Secure Setting So That When In Place, They Will Withstand, Without Visible Spring Or Settlement, The Impact And Vibration Of The Consolidation And Finishing Or Paving Equipment. 311.3.3 Preparation Of Grade After The Sub-grade Of Base Has Been Placed And Compacted To The Required Density, The Areas Which Will Support The Paving Machine And The Grade On Which The Pavement Is To Be Constructed Shall Be Trimmed To The Proper Elevation By Means Of A Properly Designed Machine Extending The Prepared Work Areas Compacted At Least 60 Cm Beyond Each Edge Of The Proposed Concrete Pavement. If Loss Of Density Results From The Trimming Operations, It Shall Be Restored By Additional Compaction Before Concrete Is Placed. If Any Traffic Is Allowed To Use The Prepared Sub-grade Or Base, The Surface Shall Be Checked And Corrected Immediately Ahead Of The Placing Concrete. The Sub-grade Or Base Shall Be Uniformly Moist When The Concrete Is Placed. 311.3.4 Setting Forms 1. Base Support. The Foundation Under The Forms Shall Be Hard And True To Grade So That The Form When Set Will Be Firmly In Contact For Its Whole Length And At The Specified Grade. (any Roadbed, Which At The Form Line Is Found Below Established Grade, Shall Be Filled With Approved Granular Materials To Grade In Lifts Of Three (3) Cm Or Less, And Thoroughly Re-rolled Or Tamped.) Imperfections Or Variations Above Grade Shall Be Corrected By Tamping Or By Cutting As Necessary. 2. Form Setting Forms Shall Be Set Sufficiently In Advance Of The Point Where Concrete Is Being Placed. After The Forms Have Been Set To Correct Grade, The Grade Shall Be Thoroughly Tamped, Mechanically Or By Hand, At Both The Inside And Outside Edges Of The Base Of The Forms. The Forms Shall Not Deviate From True Line Bv More Than One (1) Cm At Any Point. 3. Grade And Alignment The Alignment And Grade Elevations Of The Forms Shall Be Checked And Corrections Made By The Contractor Immediately Before Placing The Concrete. Testing As To Crown And Elevation, Prior To Placing Of Concrete Can Be Made By Means Of Holding An Approved Template In A Vertical Position And Moved Backward And Forward On The Forms. When Any Form Has Been Disturbed Or Any Grade Has Become Unstable, The Form Shall Be Reset And Rechecked. 311.3.5 Conditioning Of Sub-grade Or Base Course When Side Forms Have Been Securely Set To Grade, The Sub-grade Or Base Course Shall Be Brought To Proper Cross-section. High Areas Shall Be Trimmed To Proper Elevation. Low Areas Shall Be Filled And Compacted To A Condition Similar To That Of Surrounding Grade. The Finished Grade Shall Be Maintained In A Smooth And Compacted Condition Until The Pavement Is Placed. Unless Waterproof Sub-grade Or Base Course Cover Material Is Specified, The Sub-grade Or Base Course Shall Be Uniformly Moist When The Concrete Is Placed. If It Subsequently Becomes Too Dry, The Sub-grade Or Base Course Shall Be Sprinkled, But The Method Of Sprinkling Shall Not Be Such As To Form Mud Or Pools Of Water. 311.3.6 Handling, Measuring And Batching Materials The Batch Plant Site, Layout, Equipment And Provisions For Transporting Material Shall Be Such As To Assure A Continuous Supply Of Material To The Work. Stockpiles Shall Be Built Up In Layers Of Not More Than One (1) Meter In Thickness. Each Layer Shall Be Completely In Place Before Beginning The Next Which Shall Not Be Allowed To “cone” Down Over The Next Lower Layer. Aggregates From Different Sources And Of Different Grading Shall Not Be Stockpiled Together. All Washed Aggregates And Aggregates Produced Or Handled By Hydraulic Methods, Shall Be Stockpiled Or Binned For Draining At Least Twelve (12) Hours Before Being Batched. When Mixing Is Done At The Side Of The Work, Aggregates Shall Be Transported From The Batching Plant To The Mixer In Batch Boxes, Vehicle Bodies, Or Other Containers Of Adequate Capacity And Construction To Properly Carry The Volume Required. Partitions Separating Batches Shall Be Adequate And Effective To Prevent Spilling From One Compartment To Another While In Transit Or Being Dumped. When Bulk Cement Is Used, The Contractor Shall Use A Suitable Method Of Handling The Cement From Weighing Hopper To Transporting Container Or Into The Batch Itself For Transportation To The Mixer, With Chute, Boot Or Other Approved Device, To Prevent Loss Of Cement, And To Provide Positive Assurance Of The Actual Presence In Each Batch Of The Entire Cement Content Specified. Bulk Cement Shall Be Transported To The Mixer In Tight Compartments Carrying The Full Amount Of Cement Required For The Batch. However, If Allowed In The Special Provisions, It May Be Transported Between The Fine And Coarse Aggregate. When Cement Is Placed In Contact With The Aggregates, Batches May Be Rejected Unless Mixed Within 1-1/2 Hours Of Such Contact. Cement In Original Shipping Packages May Be Transported On Top Of The Aggregates, Each Batch Containing The Number Of Sacks Required By The Job Mix. The Mixer Shall Be Charged Without Loss Of Cement. Batching Shall Be So Conducted As To Result In The Weight To Each Material Required Within A Tolerance Of One (1) Percent For The Cement And Two (2) Percent For Aggregates. Water May Be Measured Either By Volume Or By Weight. The Accuracy Of Measuring The Water Shall Be Within A Range Of Error Of Not Over Than One (1) Percent. Unless The Water Is To Be Weighed, The Water-measuring Equipment Shall Include An Auxiliary Tank From Which The Measuring Tank Shall Be Equipped With An Outside Tap And Valve To Provide Checking The Setting, Unless Other Means Are Provided For Readily And Accurately Determining The Amount Of Water In The Tank. The Volume Of The Auxiliary Tank Shall Be At Least Equal To That Of The Measuring Tank. 311.3.7 Mixing Concrete The Concrete May Be Mixed At The Site Of The Work In A Central-mix Plant, Or In Truck Mixers. The Mixer Shall Be Of An Approved Type And Capacity. Mixing Time Will Be Measured From The Time All Materials, Except Water, Are In The Drum. Ready-mixed Concrete Shall Be Mixed And Delivered In Accordance With Requirements Of Aashto M 157, Except That The Minimum Required Revolutions At The Mixing Speed For Transit-mixed Concrete May Be Reduced To Not Less Than That Recommended By The Mixer Manufacturer. The Number Of Revolutions Recommended By The Mixer Manufacturer Shall Be Indicated On The Manufacturer’s Serial Plate Attached To The Mixer. The Contractor Shall Furnish Test Data Acceptable To The Lgu Project Engineer Verifying That The Make And Model Of The Mixer Will Produce Uniform Concrete Conforming To The Provision Of Aashto M 157 At The Reduced Number Of Revolutions Shown On The Serial Plate. When Mixed At The Site Or In A Central Mixing Plant, The Mixing Time Shall Not Be Less Than Fifty (50) Seconds Nor More Than Ninety (90) Seconds, Unless Mixer Performance Tests Prove Adequate Mixing Of The Concrete Is A Shorter Time Period. Four (4) Seconds Shall Be Added To The Specified Mixing Time If Timing Starts At The Instant The Skip Reaches Its Maximum Raised Positions. Mixing Time Ends When The Discharge Chute Opens. Transfer Time In Multiple Drum Mixers Is Included In Mixing Time. The Contents Of An Individual Mixer Drum Shall Be Removed Before A Succeeding Batch Is Emptied Therein. The Mixer Shall Be Operated At The Drum Speed As Shown On The Manufacturer’s Name Plate Attached On The Mixer. Any Concrete Mixed Less Than The Specified Time Shall Be Discarded And Disposed Off By The Contractor At His Expense. The Volume Of Concrete Mixed Per Batch Shall Not Exceed The Mixer’s Nominal Capacity In Cubic Metre, As Shown On The Manufacturer’s Standard Rating Plate On The Mixer, Except That An Overload Up To Ten (10) Percent Above The Mixer’s Nominal Capacity May Be Permitted Provided Concrete Test Data For Strength, Segregation, And Uniform Consistency Are Satisfactory, And Provided No Spillage Of Concrete Takes Place. The Batches Shall Be So Charged Into The Drum That A Portion Of The Mixing Water Shall Be Entered In Advance Of The Cement And Aggregates. The Flow Of Water Shall Be Uniform And All Water Shall Be In The Drum By The End Of The First Fifteen (15) Seconds Of The Mixing Period. The Throat Of The Drum Shall Be Kept Free Of Such Accumulations As May Restrict The Free Flow Of Materials Into The Drum. Mixed Concrete From The Central Mixing Plant Shall Be Transported In Truck Mixers, Truck Agitators Or Non-agitating Truck Specified In Subsection 311.3.2, Equipment. The Time Elapsed From The Time Water Is Added To The Mix Until The Concrete Is Deposited In Place At The Site Shall Not Exceed Forty Five (45) Minutes When The Concrete Is Hauled In Non-agitating Trucks, Nor Ninety (90) Minutes When Hauled In Truck Mixers Or Truck Agitators, Except That In Hot Weather Or Under Other Conditions Contributing To Quick Hardening Of The Concrete, The Maximum Allowable Time May Be Reduced By The Lgu Project Engineer. In Exceptional Cases And When Volumetric Measurements Are Authorized For Small Project Requiring Less Than 75 Cu.m. Of Concrete Per Day Of Pouring, The Weight Proportions Shall Be Converted To Equivalent Volumetric Proportions. In Such Cases, Suitable Allowance Shall Be Made For Variations In The Moisture Condition Of The Aggregates, Including The Bulking Effect In The Fine Aggregate. Batching And Mixing Shall Be In Accordance With Astm C 685, Section 6 Through 9. Concrete Mixing By Chute Is Allowed Provided That A Weighing Scale For Determining The Batch Weight Will Be Used. Retendering Concrete By Adding Water Or By Other Means Shall Not Be Permitted, Except That When Concrete Is Delivered In Truck Mixers, Additional Water May Be Added To The Batch Materials And Additional Mixing Performed To Increase The Slump To Meet The Specified Requirements, If Permitted By The Lgu Project Engineer, Provided All These Operations Are Performed Within Forty-five (45) Minutes After The Initial Mixing Operation And The Water-cement Ratio Is Not Exceeded. Concrete That Is Not Within The Specified Slump Limits At The Time Of Placement Shall Not Be Used. Admixtures For Increasing The Workability Or For Accelerating The Setting Of The Concrete Will Be Permitted Only When Specifically Approved By The Lgu Project Engineer. 311.3.8 Limitation Of Mixing No Concrete Shall Be Mixed, Placed Or Finished When Natural Light Is Insufficient, Unless An Adequate And Approved Artificial Lighting System Is Operated. During Hot Weather, The Lgu Project Engineer Shall Require That Steps Be Taken To Prevent The Temperature Of Mixed Concrete From Exceeding A Maximum Temperature Of (900f 320c). Concrete Not In Place Within Ninety (90) Minutes From The Time The Ingredients Were Charged Into The Mixing Drum Or That Has Developed Initial Set Shall Not Be Used. Retendering Of Concrete Or Mortar Which Has Partially Hardened, That Is Remixing With Or Without Additional Cement, Aggregate, Or Water, Shall Not Be Permitted. In Order That The Concrete May Be Properly Protected Against The Effects Of Rain Before The Concrete Is Sufficiently Hardened, The Contractor Will Be Required To Have Available At All Times Materials For The Protection Of The Edges And Surface Of The Unhardened Concrete. 311.3.9 Placing Concrete Concrete Shall Be Deposited In Such A Manner To Require Minimal Rehandling. Unless Truck Mixers Or Non-agitating Hauling Equipment Are Equipped With Means To Discharge Concrete Without Segregation Of The Materials, The Concrete Shall Be Unloaded Into An Approved Spreading Device And Mechanically Spread On The Grade In Such A Manner As To Prevent Segregation. Placing Shall Be Continuous Between Transverse Joints Without The Use Of Intermediate Bulkheads. Necessary Hand Spreading Shall Be Done With Shovels, Not Rakes. Workmen Shall Not Be Allowed To Walk In The Freshly Mixed Concrete With Boots Or Shoes Coated With Earth Or Foreign Substances. When Concrete Is To Be Placed Adjoining A Previously Constructed Lane And Mechanical Equipment Will Be Operated Upon The Existing Lane, That Previously Constructed Lane Shall Have Attained The Strength For Fourteen (14) Day Concrete. If Only Finishing Equipment Is Carried On The Existing Lane, Paving In Adjoining Lanes May Be Permitted After Three (3) Days. Concrete Shall Be Thoroughly Consolidated Against And Along The Faces Of All Forms And Along The Full Length And On Both Sides Of All Joint Assemblies, By Means Of Vibrators Inserted In The Concrete. Vibrators Shall Not Be Permitted To Come In Contact With A Joint Assembly, The Grade, Or A Side Form. In No Case Shall The Vibrator Be Operated Longer Than Fifteen (15) Seconds In Any One Location. Concrete Shall Be Deposited As Near As Possible To The Expansion And Contraction Joints Without Disturbing Them, But Shall Not Be Dumped From The Discharge Bucket Or Hopper Into A Joint Assembly Unless The Hopper Is Well Centered On The Joint Assembly. Should Any Concrete Material Fall On Or Be Worked Into The Surface Of A Complete Slab, It Shall Be Removed Immediately. 311.3.10 Test Specimens As Work Progresses, At Least One (1) Set Consisting Of Three (3) Concrete Beam Test Specimens, 150 Mm X 150 Mm X 525 Mm Or 900 Mm Shall Be Taken From Each 330 M2 Of Pavement, 230 Mm Depth, Or Fraction Thereof Placed Each Day. Test Specimens Shall Be Made Under The Supervision Of The Lgu Project Engineer, And The Contractor Shall Provide All Concrete And Other Facilities Necessary In Making The Test Specimens And Shall Protect Them From Damage By Construction Operations. Cylinder Samples Shall Not Be Used As Substitute For Determining The Adequacy Of The Strength Of Concrete. The Beams Shall Be Made, Cured, And Tested In Accordance With Aashto T 23 And T 97. 311.3.11 Strike-off Of Concrete And Placement Of Reinforcement Following The Placing Of The Concrete, It Shall Be Struck Off To Conform To The Cross-section Shown On The Plans And To An Elevation Such That When The Concrete Is Properly Consolidated And Finished, The Surface Of The Pavement Will Be At The Elevation Shown On The Plans. When Reinforced Concrete Pavement Is Placed In Two (2) Layers, The Bottom Layer Shall Be Struck Off And Consolidated To Such Length And Depth That The Sheet Of Fabric Or Bar Mat May Be Laid Full Length On The Concrete In Its Final Position Without Further Manipulation. The Reinforcement Shall Then Be Placed Directly Upon The Concrete, After Which The Top Layer Of The Concrete Shall Be Placed, Struck Off And Screened. Any Portion Of The Bottom Layer Of Concrete Which Has Been Placed More Than 30 Minutes Without Being Covered With The Top Layer Shall Be Removed And Replaced With Freshly Mixed Concrete At The Contractor’s Expense. When Reinforced Concrete Is Placed In One Layer, The Reinforcement May Be Firmly Positioned In Advance Of Concrete Placement Or It May Be Placed At The Depth Shown On The Plans In Plastic Concrete, After Spreading By Mechanical Or Vibratory Means. Reinforcing Steel Shall Be Free From Dirt, Oil, Paint, Grease, Mill Scale And Loose Or Thick Rust Which Could Impair Bond Of The Steel With The Concrete. 311.3.12 Joints Joints Shall Be Constructed Of The Type And Dimensions, And At The Locations Required By The Plans Or Special Provisions. All Joints Shall Be Protected From The Intrusion Of Injurious Foreign Material Until Sealed. 1. Longitudinal Joint Deformed Steel Tie Bars Of Specified Length, Size, Spacing And Materials Shall Be Placed Perpendicular To The Longitudinal Joints, They Shall Be Placed By Approved Mechanical Equipment Or Rigidly Secured By Chair Or Other Approved Supports To Prevent Displacement. Tie Bars Shall Not Be Painted Or Coated With Asphalt Or Other Materials Or Enclosed In Tubes Or Sleeves. When Shown On The Plans And When Adjacent Lanes Of Pavement Are Constructed Separately, Steel Side Forms Shall Be Used Which Will Form A Keyway Along The Construction Joint. Tie Bars, Except Those Made Of Rail Steel, May Be Bent At Right Angles Against The Form Of The First Lane Constructed And Straightened Into Final Position Before The Concrete Of The Adjacent Lane Is Placed, Or In Lieu Of Bent Tie Bars, Approved Two-piece Connectors May Be Used. Longitudinal Formed Joints Shall Consist Of A Groove Or Cleft, Extending Downward From And Normal To, The Surface Of The Pavement. These Joints Shall Be Effected Or Formed By An Approved Mechanically Or Manually Operated Device To The Dimensions And Line Indicated On The Plans And While The Concrete Is In A Plastic State. The Groove Or Cleft Shall Be Filled With Either A Premolded Strip Or Poured Material As Required. The Longitudinal Joints Shall Be Continuous, There Shall Be No Gaps In Either Transverse Or Longitudinal Joints At The Intersection Of The Joints. Longitudinal Sawed Joints Shall Be Cut By Means Of Approved Concrete Saws To The Depth, Width And Line Shown On The Plans. Suitable Guide Lines Or Devices Shall Be Used To Assure Cutting The Longitudinal Joint On The True Line. The Longitudinal Joint Shall Be Sawed Before The End Of The Curing Period Or Shortly Thereafter And Before Any Equipment Or Vehicles Are Allowed On The Pavement. The Sawed Area Shall Be Thoroughly Cleaned And, If Required, The Joint Shall Immediately Be Filled With Sealer. Longitudinal Pavement Insert Type Joints Shall Be Formed By Placing A Continuous Strip Of Plastic Materials Which Will Not React Adversely With The Chemical Constituent Of The Concrete. 2. Transverse Expansion Joint The Expansion Joint Filler Shall Be Continuous From Form To Form, Shaped To Sub-grade And To The Keyway Along The Form. Preformed Joint Filler Shall Be Furnished In Lengths Equal To The Pavement Width Or Equal To The Width Of One Lane. Damaged Or Repaired Joint Filler Shall Not Be Used. The Expansion Joint Filler Shall Be Held In A Vertical Position. An Approved Installing Bar, Or Other Device, Shall Be Used If Required To Secure Preformed Expansion Joint Filler At The Proper Grade And Alignment During Placing And Finishing Of The Concrete. Finished Joint Shall Not Deviate More Than 6 Mm From A Straight Line. If Joint Fillers Are Assembled In Sections, There Shall Be No Offsets Between Adjacent Units. No Plugs Of Concrete Shall Be Permitted Anywhere Within The Expansion Space. 3. Transverse Contraction Joint/weakened Joint When Shown On The Plans, It Shall Consist Of Planes Of Weakness Created By Forming Or Cutting Grooves In The Surface Of The Pavement And Shall Include Load Transfer Assemblies. The Depth Of The Weakened Plane Joint Should At All Times Not Be Less Than 50 Mm, While The Width Should Not Be More Than 6 Mm. A. Transverse Strip Contraction Joint. It Shall Be Formed By Installing A Parting Strip To Be Left In Place As Shown On The Plans. B. Formed Groove. It Shall Be Made By Depressing An Approved Tool Or Device Into The Plastic Concrete. The Tool Or Device Shall Remain In Place At Least Until The Concrete Has Attained Its Initial Set And Shall Then Be Removed Without Disturbing The Adjacent Concrete, Unless The Device Is Designed To Remain In The Joint. C. Sawed Contraction Joint. It Shall Be Created By Sawing Grooves In The Surface Of The Pavement Of The Width Not More Than 6 Mm, Depth Should At All Times Not Be Less Than 50 Mm, And At The Spacing And Lines Shown On The Plans, With An Approved Concrete Saw. After Each Joint Is Sawed, It Shall Be Thoroughly Cleaned Including The Adjacent Concrete Surface. Sawing Of The Joint Shall Commence As Soon As The Concrete Has Hardened Sufficiently To Permit Sawing Without Excessive Raveling, Usually 4 To 24 Hours. All Joints Shall Be Sawed Before Uncontrolled Shrinkage Cracking Takes Place. If Necessary, The Sawing Operations Shall Be Carried On During The Day Or Night, Regardless Of Weather Conditions. The Sawing Of Any Joint Shall Be Omitted If Crack Occurs At Or Near The Joint Location Prior To The Time Of Sawing. Sawing Shall Be Discounted When A Crack Develops Ahead Of The Saw. In General, All Joints Should Be Sawed In Sequence. If Extreme Condition Exist Which Make It Impractical To Prevent Erratic Cracking By Early Sawing, The Contraction Joint Groove Shall Be Formed Prior To Initial Set Of Concrete As Provided Above. 4. Transverse Construction Joint It Shall Be Constructed When There Is An Interruption Of More Than 30 Minutes In The Concreting Operations. No Transverse Joint Shall Be Constructed Within 1.50 M Of An Expansion Joint, Contraction Joint, Or Plane Of Weakness. If Sufficient Concrete Has Been Mixed At The Time Of Interruption To Form A Slab Of At Least 1.5 M Long, The Excess Concrete From The Last Preceding Joint Shall Be Removed And Disposed Off As Directed. 5. Load Transfer Device Dowel, When Used, Shall Be Held In Position Parallel To The Surface And Center Line Of The Slab By A Metal Device That Is Left In The Pavement. The Portion Of Each Dowel Painted With One Coat Of Lead Or Tar, In Conformance With The Requirements Of Item 404, Reinforcing Steel, Shall Be Thoroughly Coated With Approved Bituminous Materials, E.g., Mc-70, Or An Approved Lubricant, To Prevent The Concrete From Binding To That Portion Of The Dowel. The Sleeves For Dowels Shall Be Metal Designed To Cover 50 Mm Plus Or Minus 5 Mm (1/4 Inch), Of The Dowel, With A Watertight Closed End And With A Suitable Stop To Hold The End Of The Sleeves At Least 25 Mm (1 Inch) From The End Of The Dowel. In Lieu Of Using Dowel Assemblies At Contraction Joints, Dowel May Be Placed In The Full Thickness Of Pavement By A Mechanical Device Approved By The Lgu Project Engineer. 311.3.13 Final Strike-off (consolidation And Finishing) 1. Sequence The Sequence Of Operations Shall Be The Strike-off And Consolidation, Floating And Removal Of Laitance, Straight-edging And Final Surface Finish. Work Bridges Or Other Devices Necessary To Provide Access To The Pavement Surface For The Purpose Of Finishing Straight-edging, And Make Corrections As Hereinafter Specified, Shall Be Provided By The Contractor. In General, The Addition Of Water To The Surface Of The Concrete To Assist In Finishing Operations Will Not Be Permitted. If The Application Of Water To The Surface Is Permitted, It Shall Be Applied As Fog Spray By Means Of An Approve Spray Equipment. 2. Finishing Joints The Concrete Adjacent To Joints Shall Be Compacted Or Firmly Placed Without Voids Or Segregation Against The Joint Material Assembly, Also Under And Around All Load Transfer Devices, Joint Assembly Units, And Other Features Designed To Extend Into The Pavement. Concrete Adjacent To Joints Shall Be Mechanically Vibrated As Required In Subsection 311.3.9, Placing Concrete. After The Concrete Has Been Placed And Vibrated Adjacent To The Joints As Required In Subsection 311.3.9, The Finishing Machine Shall Be Brought Forward, Operating In A Manner To Avoid Damage Or Misalignment Of Joints. If Uninterrupted Operation Of The Finishing Machine, To Over And Beyond The Joints Causes Segregation Of Concrete, Damage To, Or Misalignment Of The Joints, The Finishing Machine Shall Be Stopped When The Front Screed Is Approximately 20 Cm (8 Inches) From The Joint. Segregated Concrete Shall Be Removed From In Front Of And Off The Joint. The Front Screed Shall Be Lifted And Set Directly On Top Of The Joint And The Forward Motion Of The Finishing Machine Resumed. When The Second Screed Is Close Enough To Permit The Excess Mortar In Front Of It To Flow Over The Joint, It Shall Be Lifted And Carried Over The Joint. Thereafter, The Finishing Machine May Be Run Over The Joint Without Lifting The Screeds, Provided There Is No Segregated Concrete Immediately Between The Joint And The Screed Or On Top Of The Joint. 3. Machine Finishing A. Non-vibratory Method. The Concrete Shall Be Distributed Or Spread As Soon As Placed. As Soon As The Concrete Has Been Placed, It Shall Be Struck Off And Screwed By An Approved Finishing Machine. The Machine Shall Go Over Each Area Of Pavement As Many Times And At Such Intervals As Necessary To Give The Proper Compaction And Leave A Surface Of Uniform Texture. Excessive Operation Over A Given Area Shall Be Avoided. The Tops Of The Forms Shall Be Kept Clean By An Effective Device Attached To The Machine And The Travel Of The Machine On The Forms Shall Be Maintained True Without Wobbling Or Other Variation Tending To Affect The Precision Finish. During The First Pass Of The Finishing Machine, A Uniform Ridge Of Concrete Shall Be Maintained Ahead Of The Front Screed In Its Entire Length. B. Vibratory Method. When Vibration Is Specified, Vibrators For Full Width Vibration Of Concrete Paving Slabs, Shall Meet The Requirements In Subsection 311.3.2, Equipment. If Uniform And Satisfactory Density Of The Concrete Is Not Obtained By The Vibratory Method At Joints, Along Forms, At Structures, And Throughout The Pavement, The Contractor Will Be Required To Furnish Equipment And Method Which Will Produce Pavement Conforming To The Specifications. All Provisions In Item (a) Above Not In Conflict With The Provisions For The Vibratory Method Shall Govern. 4. Hand Finishing Hand Finishing Methods May Only Be Used Under The Following Conditions: A. In The Event Of Breakdown Of The Mechanical Equipment, Hand Methods May Be Used To Finish The Concrete Already Deposited On The Grade. B. In Narrow Widths Or Areas Of Irregular Dimensions Where Operations Of The Mechanical Equipment Is Impractical, Hand Methods May Be Used. Concrete, As Soon As Placed, Shall Be Struck Off And Screeded. An Approved Portable Screed Shall Be Used. A Second Screed Shall Be Provided For Striking Off The Bottom Layer Of Concrete If Reinforcement Is Used. The Screed For The Surface Shall Be At Least 60 Cm (2 Feet) Longer Than The Maximum Width Of The Slab To Be Struck Off. It Shall Be Of Approved Design, Sufficiently Rigid To Retain Its Shape, And Constructed Either Of Metal Or Other Suitable Material Shod With Metal. Consolidation Shall Be Attained By The Use Of Suitable Vibrator Or Other Approved Equipment. In Operation, The Screed Shall Be Moved Forward On The Forms With A Combined Longitudinal And Transverse Shearing Motion, Moving Always In The Direction In Which The Work Is Progressing And So Manipulated That Neither End Is Raised From The Side Forms During The Striking Off Process. If Necessary, This Shall Be Repeated Until The Surface Is Of Uniform Texture, True To Grade And Cross-section, And Free From Porous Areas. 5. Floating After The Concrete Has Been Struck Off And Consolidated, It Shall Be Further Smoothed, Trued, And Consolidated By Means Of A Longitudinal Float, Either By Hand Or Mechanical Method. A. Hand Method. The Hand-operated Longitudinal Float Shall Be Not Less Than 365 Cm (12 Feet) In Length And 15 Cm (6 Inches) In Width, Properly Stiffened To Prevent Flexibility And Warping. The Longitudinal Float, Operated From Foot Bridges Resting On The Side Forms And Spanning But Not Touching The Concrete, Shall Be Worked With A Sawing Motion While Held In A Floating Position Parallel To The Road Center Line, And Moving Gradually From One Side Of The Pavement To The Other. Movement Ahead Along The Center Line Of The Pavement Shall Be In Successive Advances Of Not More Than One-half The Length Of The Float. Any Excess Water Or Soupy Material Shall Be Wasted Over The Side Forms On Each Pass. B. Mechanical Method. The Mechanical Longitudinal Float Shall Be Of A Design Approved By The Lgu Project Engineer, And Shall Be In Good Working Condition. The Tracks From Which The Float Operates Shall Be Accurately Adjusted To The Required Crown. The Float Shall Be Accurately Adjusted And Coordinated With The Adjustment Of The Transverse Finishing Machine So That A Small Amount Of Mortar Is Carried Ahead Of The Float At All Times. The Forward Screed Shall Be Adjusted So That The Float Will Lap The Distance Specified By The Lgu Project Engineer On Each Transverse Trip. The Float Shall Pass Over Each Areas Of Pavement At Least Two Times, But Excessive Operation Over A Given Area Will Not Be Permitted. Any Excess Water Or Soupy Material Shall Be Wasted Over The Side Forms On Each Pass. C. Alternative Mechanical Method. As An Alternative, The Contractor May Use A Machine Composed Of A Cutting And Smoothing Float Or Floats Suspended From And Guided By A Rigid Frame. The Frame Shall Be Carried By Four Or More Visible Wheels Riding On, And Constantly In Contact With The Side Forms. If Necessary, Following One Of The Preceding Method Of Floating, Long Handled Floats Having Blades Not Less Than 150 Cm (5 Feet) In Length And 15 Cm (6 Inches) In Width May Be Used To Smooth And Fill In Open-textured Areas In The Pavement. Long-handled Floats Shall Not Be Used To Float The Entire Surface Of The Pavement In Lieu Of, Or Supplementing, One Of The Preceding Methods Of Floating. When Strike Off And Consolidation Are Done By The Hand Method And The Crown Of The Pavement Will Not Permit The Use Of The Longitudinal Float, The Surface Shall Be Floated Transversely By Means Of The Long-handled Float. Care Shall Be Taken Not To Work The Crown Out Of The Pavement During The Operation. After Floating, Any Excess Water And Laitance Shall Be Removed From The Surface Of The Pavement By A 3-m Straight-edge Or More In Length. Successive Drags Shall Be Lapped One-half The Length Of The Blade. 6. Straight-edge Testing And Surface Correction After The Floating Has Been Completed And The Excess Water Removed, But While The Concrete Is Still Plastic, The Surface Of The Concrete Shall Be Tested For Trueness With A 300 Cm Long Straight-edge. For This Purpose, The Contractor Shall Furnish And Use An Accurate 300-cm Straight-edge Swung From Handles 100 Cm (3 Feet) Longer Than One-half The Width Of The Slab. The Straight-edge Shall Be Held In Contact With The Surface In Successive Positions Parallel To The Road Center Line And The Whole Area Gone Over From One Side Of The Slab To The Other As Necessary. Advances Along The Road Shall Be In Successive Stages Of Not More Than One-half The Length Of The Straight-edge. Any Depressions Found Shall Be Immediately Filled With Freshly Mixed Concrete, Struck Off, Consolidated And Refinished. High Areas Shall Be Cut Down And Refinished. Special Attention Shall Be Given To Assure That The Surface Across Joints Meets The Requirements For Smoothness. Straight-edge Testing And Surface Corrections Shall Continue Until The Entire Surface Is Found To Be Free From Observable Departures From The Straight-edge And The Slab Conforms To The Required Grade And Cross-section. 7. Final Finish If The Surface Texture Is Broom Finished, It Shall Applied When The Water Sheen Has Practically Disappeared. The Broom Shall Be Drawn From The Center To The Edge Of The Pavement With Adjacent Strokes Slightly Overlapping. The Brooming Operation Should Be So Executed That The Corrugations Produced In The Surface Shall Be Uniform In Appearance And Not More Than 1.5 Mm In Depth. Brooming Shall Be Completed Before The Concrete Is In Such Condition That The Surface Will Be Unduly Roughened By The Operation. The Surface Thus Finished Shall Be Free From Rough And Porous Areas, Irregularities, And Depressions Resulting From Improper Handling Of The Broom. Brooms Shall Be Of The Quality Size And Construction And Be Operated So As To Produce A Surface Finish Meeting The Approval Of The Lgu Project Engineer. Subject To Satisfactory Results Being Obtained And Approval Of The Lgu Project Engineer, The Contractor Will Be Permitted To Substitute Mechanical Brooming In Lieu Of The Manual Brooming Herein Described. If The Surface Texture Is Belt Finished, When Straight-edging Is Complete And Water Sheen Has Practically Disappeared And Just Before The Concrete Becomes Non-plastic, The Surface Shall Be Belted With 2-ply Canvass Belt Not Less Than 20 Cm Wide And At Least 100 Cm Longer Than The Pavement Width. Hand Belts Shall Have Suitable Handles To Permit Controlled, Uniform Manipulation. The Belt Shall Be Operated With Short Strokes Transverse To The Center Line And With A Rapid Advances Parallel To The Center Line. If The Surface Texture Is Drag Finished, A Drag Shall Be Used Which Consists Of A Seamless Strip Of Damp Burlap Or Cotton Fabric, Which Shall Produce A Uniform Of Gritty Texture After Dragging It Longitudinally Along The Full Width Of Pavement. For Pavement 5 M Or More In Width, The Drag Shall Be Mounted On A Bridge Which Travels On The Forms. The Dimensions Of The Drag Shall Be Such That A Strip Of Burlap Or Fabric At Least 100 Cm Wide Is In Contact With The Full Width Of Pavement Surface While The Drag Is Used. The Drag Shall Consist Of Not Less Than 2 Layers Of Burlap With The Bottom Layer Approximately 15 Cm Wider Than The Layer. The Drag Shall Be Maintained In Such Condition That The Resultant Surface Is Of Uniform Appearance And Reasonably Free From Grooves Over 1.5 Mm In Depth. Drag Shall Be Maintained Clean And Free From Encrusted Mortar. Drags That Cannot Be Cleaned Shall Be Discarded And New Drags Be Substituted. Regardless Of The Method Used For Final Finish, The Hardened Surface Of Pavement Shall Have A Coefficient Of Friction Of 0.25 Or More. Completed Pavement That Is Found To Have A Coefficient Of Friction Less Than 0.25 Shall Be Grounded Or Scored By The Contractor At His Expense To Provide The Required Coefficient Of Friction. 8. Edging At Forms And Joints After The Final Finish, But Before The Concrete Has Taken Its Initial Set, The Edges Of The Pavement Along Each Side Of Each Slab, And On Each Side Of Transverse Expansion Joints, Formed Joints, Transverse Construction Joints, And Emergency Construction Joints, Shall Be Worked With An Approved Tool And Rounded To The Radius Required By The Plans. A Well – Defined And Continuous Radius Shall Be Produced And A Smooth, Dense Mortar Finish Obtained. The Surface Of The Slab Shall Not Be Unduly Disturbed By Tilting The Tool During The Use. At All Joints, Any Tool Marks Appearing On The Slab Adjacent To The Joints Shall Be Eliminated By Brooming The Surface. In Doing This, The Rounding Of The Corner Of The Slab Shall Not Be Disturbed. All Concrete On Top Of The Joint Filler Shall Be Completely Removed. All Joints Shall Be Tested With A Straight-edge Before The Concrete Has Set And Correction Made If One Edge Of The Joint Is Higher Than The Other. 311.3.14 Surface Test As Soon As The Concrete Has Hardened Sufficiently, The Pavement Surface Shall Be Tested With A 3-m Straight-edge Or Other Specified Device. Areas Showing High Spots Of More Than 3 Mm But Not Exceeding 12 Mm In 3 M Shall Be Marked And Immediately Ground Down With An Approved Grinding Tool To An Elevation Where The Area Or Spot Will Not Show Surface Deviations In Excess Of 3 Mm When Tested With 3 M Straight-edge. Where The Departure From Correct Cross-section Exceeds 12 Mm, The Pavement Shall Be Removed And Replaced By And At The Expense Of The Contractor. Any Area Or Section So Removed Shall Be Not Less Than 1.5 M In Length And Not Less Than The Full Width Of The Lane Involved. When It Is Necessary To Remove And Replace A Section Of Pavement, Any Remaining Portion Of The Slab Adjacent To The Joints That Is Less Than 1.5 M In Length, Shall Also Be Removed And Replaced. 311.3.15 Curing Immediately After The Finishing Operations Have Been Completed And The Concrete Has Sufficiently Set, The Entire Surface Of The Newly Placed Concrete Shall Be Cured In Accordance With Either One Of The Methods Described Herein. Failure To Provide Sufficient Cover Material Of Whatever Kind The Contractor May Elect To Use, Or The Lack Of Water To Adequately Take Care Of Both Curing And Other Requirements, Shall Be A Cause For Immediate Suspension Of Concreting Operations. The Concrete Shall Not Be Left Exposed For More Than ½ Hour Between Stages Of Curing Or During The Curing Period. In All Congested Places, Concrete Works Should Be Designed So That The Designed Strength Is Attained. 1. Cotton Of Burlap Mats The Surface Of The Pavement Shall Be Entirely Covered With Mats. The Mats Used Shall Be Of Such Length (or Width) That As Laid They Will Extend At Least Twice The Thickness Of The Pavement Beyond The Edges Of The Slab. The Mat Shall Be Placed So That The Entire Surface And The Edges Of The Slab Are Completely Covered. Prior To Being Placed, The Mats Shall Be Saturated Thoroughly With Water. The Mat Shall Be So Placed And Weighted Down So As To Cause Them To Remain In Intimate Contact With The Covered Surface. The Mat Shall Be Maintained Fully Wetted And In Position For 72 Hours After The Concrete Has Been Placed Unless Otherwise Specified. 2. Waterproof Paper The Top Surface And Sides Of The Pavement Shall Be Entirely Covered With Waterproof Paper, The Units Shall Be Lapped At Least 45 Cm. The Paper Shall Be So Placed And Weighted Down So As To Cause It To Remain In Intimate Contact With The Surface Covered. The Paper Shall Have Such Dimension But Each Unit As Laid Will Extend Beyond The Edges Of The Slab At Least Twice The Thickness Of The Pavement, Or At Pavement Width And 60 Cm Strips Of Paper For The Edges. If Laid Longitudinally, Paper Not Manufactured In Sizes Which Will Provide This Width Shall Be Securely Sewed Or Cemented Together, The Joints Being Securely Sealed In Such A Manner That They Do Not Open Up Or Separate During The Curing Period. Unless Otherwise Specified, The Covering Shall Be Maintained In Place For 72 Hours After The Concrete Has Been Placed. The Surface Of The Pavement Shall Be Thoroughly Wetted Prior To The Placing Of The Paper. 3. Straw Curing When This Type Of Curing Is Used, The Pavement Shall Be Cured Initially With Burlap Or Cotton Mats, Until After Final Set Of The Concrete Or, In Any Case, For 12 Hours After Placing The Concrete. As Soon As The Mats Are Removed, The Surface And Sides Of The Pavement Shall Be Thoroughly Wetted And Covered With At Least 20 Cm Of Straw Or Hay, Thickness Of Which Is To Be Measured After Wetting. If The Straw Or Hay Covering Becomes Displaced During The Curing Period, It Shall Be Replaced To The Original Depth And Saturated. It Shall Be Kept Thoroughly Saturated With Water For 72 Hours And Thoroughly Wetted Down During The Morning Of The Fourth Day, And The Cover Shall Remain In Place Until The Concrete Has Attained The Required Strength. 4. Impervious Membrane Method The Entire Surface Of The Pavement Shall Be Sprayed Uniformly With White Pigmented Curing Compound Immediately After The Finishing Of The Surface And Before The Set Of The Concrete Has Taken Place, Or If The Pavement Is Cured Initially With Jute Or Cotton Mats, It May Be Applied Upon Removal Of The Mass. The Curing Compound Shall Not Be Applied During Rain. Curing Compound Shall Be Applied Under Pressure At The Rate 4 L To Not More Than 14 M2 By Mechanical Sprayers. The Spraying Equipment Shall Be Equipped With A Wind Guard. At The Time Of Use, The Compound Shall Be In A Thoroughly Mixed Condition With The Pigment Uniformly Dispersed Throughout The Vehicle. During Application, The Compound Shall Be Stirred Continuously By Effective Mechanical Means. Hand Spraying Of Odd Widths Or Shapes And Concrete Surface Exposed By The Removal Of Forms Will Be Permitted. Curing Compound Shall Not Be Applied To The Inside Faces Of Joints To Be Sealed, But Approved Means Shall Be Used To Insure Proper Curing At Least 72 Hours And To Prevent The Intrusion Of Foreign Material Into The Joint Before Sealing Has Been Completed. The Curing Compound Shall Be Of Such Character That The Film Will Harden Within 30 Minutes After Application. Should The Film Be Damaged From Any Cause Within The 72 Hour Curing Period, The Damaged Portions Shall Be Repaired Immediately With Additional Compound. 5. White Polyethylene Sheet The Top Surface And Sides Of The Pavement Shall Be Entirely Covered With Polyethylene Sheeting. The Units Used Shall Be Lapped At Least 45 Cm. The Sheeting Shall Be So Placed And Weighted Down So As To Cause It To Remain Intimate Contact With The Surface Covered. The Sheeting As Prepared For Use Shall Have Such Dimension That Each Unit As Laid Will Extend Beyond The Edges Of The Slab At Least Twice The Thickness Of The Pavement. Unless Otherwise Specified, The Covering Shall Be Maintained In Place For 72 Hours After The Concrete Has Been Placed. 311.3.16 Removal Of Forms After Forms For Concrete Shall Remain In Place Undisturbed For Not Less Than Twenty Four (24) Hours After Concrete Pouring. In The Removal Of Forms, Crowbars Should Be Used In Pulling Out Nails And Pins. Care Should Be Taken So As Not To Break The Edges Of The Pavement. In Case Portions Of The Concrete Are Spalled, They Shall Be Immediately Repaired With Fresh Mortar Mixed In The Proportion Of One Part Of Portland Cement And Two Parts Fine Aggregates. Major Honeycomb Areas Will Be Considered As Defective Work And Shall Be Removed And Replaced At The Expense Of The Contractor. Any Area Or Section So Removed Shall Not Be Less Than The Distance Between Weakened Plane Joint Nor Less Than The Full Width Of The Lane Involved. 311.3.17 Sealing Joints Joints Shall Be Sealed With Asphalt Sealant Soon After Completion Of The Curing Period And Before The Pavement Is Opened To Traffic, Including The Contractor’s Equipment. Just Prior To Sealing, Each Joint Shall Be Thoroughly Cleaned Of All Foreign Materials Including Membrane Curing Compound And The Joint Faces Shall Be Clean And Surface Dry When The Seal Is Applied. The Sealing Material Shall Be Applied To Each Joint Opening To Conform To The Details Shown On The Plans Or As Directed By The Lgu Project Engineer. Material For Seal Applied Hot Shall Be Stirred During Heating So That Localized Overheating Does Not Occur. The Pouring Shall Be Done In Such A Manner That The Material Will Not Be Spilled On The Exposed Surfaces Of The Concrete. The Use Of Sand Or Similar Material As A Cover For The Seal Will Not Be Permitted. Preformed Elastomeric Gaskets For Sealing Joints Shall Be Of The Cross-sectional Dimensions Shown On The Plans. Seals Shall Be Installed By Suitable Tools, Without Elongation And Secured In Placed With An Approved Lubricant Adhesive Which Shall Cover Both Sides Of The Concrete Joints. The Seals Shall Be Installed In A Compressive Condition And Shall At Time Of Placement Be Below The Level Of The Pavement Surface By Approximately 6 Mm. The Seals Shall Be In One Piece For The Full Width Of Each Transverse Joint. 311.3.18 Protection Of Pavement The Contractor Shall Protect The Pavement And Its Appurtenances Against Both Public Traffic And Traffic Caused By His Own Employees And Agents. This Shall Include Watchmen To Direct Traffic And The Erection Of And Maintenance Of Warning Signs, Lights, Pavement Bridges Or Cross-overs, Etc. The Plans Or Special Provisions Will Indicate The Location And Type Of Device Or Facility Required To Protect The Work And Provide Adequately For Traffic. All Boreholes After Thickness And/or Strength Determinations Of Newly Constructed Asphalt And Concrete Pavements Shall Be Immediately Filled/restored With The Prescribed Concrete/asphalt Mix After Completion Of The Drilling Works. Any Damage To The Pavement, Occurring Prior To Final Acceptance, Shall Be Repaired Or The Pavement Be Replaced. 311.3.19 Concrete Pavement – Slip Form Method If The Contract Calls For The Construction Of Pavement Without The Use Of Fixed Forms, The Following Provisions Shall Apply: 1. Grade After The Grade Or Base Has Been Placed And Compacted To The Required Density, The Areas Which Will Support The Paving Machine Shall Be Cut To The Proper Elevation By Means Of A Properly Designed Machine. The Grade On Which The Pavement Is To Be Constructed Shall Then Be Brought To The Proper Profile By Means Of Properly Designed Machine. If The Density Of The Base Is Disturbed By The Grading Operation, It Shall Be Corrected By Additional Compaction Before Concrete Is Placed. The Grade Should Be Constructed Sufficiently In Advance Of The Placing Of The Concrete. If Any Traffic Is Allowed To Use The Prepared Grade, The Grade Shall Be Checked And Corrected Immediately Before The Placing Of Concrete. 2. Placing Concrete The Concrete Shall Be Placed With An Approved Slip-form Paver Designed To Spread, Consolidate, Screed And Float-finish The Freshly Placed Concrete In One Complete Pass Of The Machine In Such A Manner That A Minimum Of Hand Finish Will Be Necessary To Provide A Dense And Homogenous Pavement In Conformance With The Plans And Specifications. The Machine Shall Vibrate The Concrete For The Full Width And Depth Of The Strip Of Pavement Being Placed. Such Vibration Shall Be Accompanied With Vibrating Tubes Or Arms Working In The Concrete Or With A Vibrating Screed Or Pan Operating On The Surface Of The Concrete. The Sliding Forms Shall Be Rigidly Held Together Laterally To Prevent Spreading Of The Forms. The Forms Shall Trail Behind The Paver For Such A Distance That No Appreciable Slumping Of The Concrete Will Occur, And That Necessary Final Finishing Can Be Accomplished While The Concrete Is Still Within The Forms. Any Edge Slump Of The Pavement, Exclusive Of Edge Rounding, In Excess Of 6 Mm Shall Be Corrected Before The Concrete Has Hardened. The Concrete Shall Be Held At A Uniform Consistency, Having A Slump Of Not More Than 40 Mm (1-12/ Inches). The Slip Form Paver Shall Be Operated With As Nearly As Possible A Continuous Forward Movement And That All Operations Of Mixing, Delivering And Spreading Concrete Shall Be Coordinated So As To Provide Uniform Progress With Stopping And Starting Of The Paver Held To A Minimum. If, For Any Reason, It Is Necessary To Stop The Forward Movement Of The Paver The Vibratory And Tamping Elements Shall Also Be Stopped Immediately. No Tractive Force Shall Be Applied To The Machine, Except That Which Is Controlled From The Machine. 3. Finishing The Surface Smoothness And Texture Shall Meet The Requirements Of Subsections 311.3.13 And 311.3.14. 4. Curing Unless Otherwise Specified, Curing Shall Be Done In Accordance With One Of The Methods Included In Subsection 311.3.15. The Curing Media Shall Be Applied At The Appropriate Time And Shall Be Applied Uniformly And Completely To All Surfaces And Edges Of The Pavement. 5. Joints All Joints Shall Be Constructed In Accordance With Subsection 311.3.12. 6. Protection Against Rain In Order That The Concrete May Be Properly Protected Against Rain Before The Concrete Is Sufficiently Hardened, The Contractor Will Be Required To Have Available At All Times, Materials For The Protection Of The Edges And Surface Of The Unhardened Concrete. Such Protective Materials Shall Consist Of Standard Metal Forms Or Wood Planks Having A Nominal Thickness Of Not Less Than 50 Mm (2 Inches) And A Nominal Width Of Not Less Than The Thickness Of The Pavement At Its Edge For The Protection Of The Pavement Edges, And Covering Material Such As Burlap Or Cotton Mats, Curing Paper Or Plastic Sheeting Materials For The Protection Of The Surface Of The Pavement. When Rain Appears Imminent, All Paving Operations Shall Stop And All Available Personnel Shall Begin Placing Forms Against The Sides Of The Pavement And Covering The Surface Of The Unhardened Concrete With The Protective Covering. 311.3.22 Acceptance Of Concrete The Strength Level Of The Concrete Will Be Considered Satisfactory If The Averages Of All Sets Of Three (3) Consecutive Strength Test Results Equal Or Exceed The Specified Strength, Fc’ And No Individual Strength Test Result Is Deficient By More Than 15% Of The Specified Strength, Fc’. Concrete Deemed To Be Not Acceptable Using The Above Criteria May Be Rejected Unless The Contractor Can Provide Evidence, By Means Of Core Tests, That The Quality Of Concrete Represented By Failed Test Results Is Acceptable In Place. At Least Three (3) Representative Cores Shall Be Taken From Each Member Or Area Of Concrete In Place That Is Considered Deficient. The Location Of Cores Shall Be Determined By The Engineer So That There Will Be At Least Impairment Of Strength Of The Structure. The Obtaining And Testing Of Drilled Cores Shall Be In Accordance With Aashto T 24. Concrete In The Area Represented By The Cores Will Be Considered Adequate If The Average Strength Of The Cores Is Equal To At Least 85% Of, And If No Single Core Is Less Than 75% Of, The Specified Strength, Fc’. If The Strength Of Control Specimens Does Not Meet The Requirements Of This Subsection, And It Is Not Feasible Or Not Advisable To Obtain Cores From The Structure Due To Structural Considerations, Payment Of The Concrete Will Be Made At An Adjusted Price Due To Strength Deficiency Of Concrete Specimens As Specified Hereunder: Deficiency In Strength Of Concrete Specimens, Percent (%) Percent (%) Of Contract Price Allowed Less Than 5 100 5 To Less Than 10 80 10 To Less Than 15 70 15 To Less Than 20 60 20 To Less Than 25 50 25 Or More 0 311.3.23 Opening To Traffic The Engineer Will Decide When The Pavement May Be Opened To Traffic. The Road Will Not Be Opened To Traffic Until Test Specimens Molded And Cured In Accordance With Aashto T 23 Have Attained The Minimum Strength Requirements In Subsection 311.2.11. If Such Tests Are Not Conducted Prior To The Specified Age The Pavement Shall Not Be Operated To Traffic Until 14 Days After The Concrete Was Placed. Before Opening To Traffic, The Pavement Shall Be Cleaned And Joint Sealing Completed. 311.3.24 Tolerance And Pavement Thickness 1. General The Thickness Of The Pavement Will Be Determined By Measurement Of Cores From The Completed Pavement In Accordance With Aashto T 148. The Completed Pavement Shall Be Accepted On A Lot Basis. A Lot Shall Be Considered As 1000 Linear Meters Of Pavement When A Single Traffic Lane Is Poured Or 500 Linear Meters When Two Lanes Are Poured Concurrently. The Last Unit In Each Slab Constitutes A Lot In Itself When Its Length Is At Least ½ Of The Normal Lot Length. If The Length Of The Last Unit Is Shorter Than ½ Of The Normal Lot Length, It Shall Be Included In The Previous Lot. Other Areas Such As Intersections, Entrances, Crossovers, Ramp, Etc., Will Be Grouped Together To Form A Lot. Small Irregular Areas May Be Included With Other Unit Areas To Form A Lot. Each Lot Will Be Divided Into Five (5) Equal Segments And One Core Will Be Obtained From Each Segment In Accordance With Aashto T 24. 2. Pavement Thickness It Is The Intent Of This Specification That The Pavement Has A Uniform Thickness As Called For On The Plans For The Average Of Each Lot As Defined. After The Pavement Has Met All Surface Smoothness Requirements, Cores For Thickness Measurements Will Be Taken. In Calculating The Average Thickness Of The Pavement, Individual Measurements Which Are In Excess Of The Specified Thickness By More Than 5 Mm Will Be Considered As The Specified Thickness Plus 5 Mm And Measurement Which Are Less Than The Specified Thickness By More Than 25 Mm Shall Not Be Included In The Average. When The Average Thickness For The Lot Is Deficient, The Contract Unit Price Will Be Adjusted For Thickness In Accordance With Paragraph (3 Below). Individual Areas Within A Segment Found Deficient In Thickness By More Than 25 Mm Shall Be Evaluated By The Lgu Project Engineer, And If In His Judgment, The Deficient Areas Warrant Removal, They Shall Be Removed And Replaced By The Contractor With Pavement Of The Specified Thickness At His Entire Expense. However, If The Evaluation Of The Lgu Project Engineer Is That The Deficient Area Should Not Be Removed And Replaced, Such Area Will Not Be Paid. When The Measurement Of Any Core Is Less Than The Specified Thickness By More Than 25 Mm, The Actual Thickness Of The Pavement In This Area Will Be Determined By Taking Additional Cores At No Less Than 5 M Intervals Parallel To The Center Line In Each Direction From The Affected Location Until A Core Is Found In Each Direction, Which Is Not Deficient In Thickness By More Than 25 Mm. The Area Of Slab For Which No Payment Will Be Made Shall Be The Product Of The Paving Width Multiplied By The Distance Along The Center Line Of The Road Between Transverse Sections Found Not Deficient In Thickness By More Than 25 Mm. The Thickness Of The Remainder Of The Segment To Be Used To Get The Average Thickness Of Each Lot Shall Be Determined By Taking The Average Thickness Of Additional Cores Which Are Not Deficient By More Than 25 Mm. 3. Adjustment For Thickness When The Average Thickness Of The Pavement Per Lot Is Deficient, Payment For The Lot Shall Be Adjusted As Follows: Deficiency In The Average Thickness Per Lot (mm) Percent (%) Of Contract Price Per Lot 0 – 5 100% Payment 6 – 10 95% Payment 11 – 15 85% Payment 16 – 20 70% Payment 21 – 25 50% Payment More Than 25 Remove And Replace/ No Payment No Acceptance And Final Payment Shall Be Made On Completed Pavement Unless Core Test For Thickness Determination Is Conducted 311.4 Environmental Measures In Loading Cement To The Truck And Unloading It To The Temporary Bodega, And From The Bodega To Batching Plant And During Concrete Work Operation Workers Doing This Job Shall Be Provided With Gears So As To Avoid Inhaling Cement Dust Particles That Could Affect Their Health. Workers In Construction Site Shall Be Provided With Working Gloves, Mask Boots And Clothing To Prevent Workers From Being Contaminated With Concrete Mix. The Contractor Shall See To It That The Noise Level Of The Exhaust Mufflers Of The Equipment Shall Be At The Minimum. Otherwise, The Contractor Must Replace All The Exhaust Mufflers Of The Equipment With A New One And Or Provide Muffler Silencers. All Roads Leading The Construction Site And Batching Plant Shall Be Moist During The Entire Works Operation To Prevent The Blowing Up Of Dust Particles. During Work Operation, Precautionary Signboards Shall Be Provided By The Contractor To Prevent Accidents And Damage To The Freshly Laid Concrete.

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

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

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

Details: The subject of the contract is the construction of a multi-purpose playground in the Petlérská Primary School complex in Klášterec Nad Ohří. The construction is located on plot no. 1704/169 in the area of the original playground, which will be demolished, and in its place a new multi-purpose sports field measuring 38 x 21 meters will be created, designed for sports such as volleyball, football, streetball, five-a-side football and tennis, according to the planning application prepared by Linhart, Ltd. The playground will be fenced with a fence with a total height of 4 m. Up to a height of 1 m, the fencing will be made partly of wooden planks. Welded 2D fence panels with a wire diameter of 6.8 mm and 5.6 mm will be placed above them. The fencing will be anchored to concrete footings and a concrete belt made of cast formwork. The posts are square in cross-section, measuring 80x80 mm. The playground is bordered on two sides by an access path made of interlocking paving stones. The terrain will be leveled using a 1:2 slope. The slope will be formed mainly from the existing base, which will be created during the preparatory work, and approximately 16 m3 of soil will be brought in for grassing. The existing basketball hoops will be carefully dismantled and handed over to the investor for further use. The construction is designed so as not to negatively affect the surrounding buildings and land. The drainage system ensures the drainage of rainwater in the form of a seepage, which ensures the protection of the surroundings from excessive moisture. The new fencing is complemented by two gates with a width of 2,530 mm. One entrance is connected to the existing interlocking paving area, while the other is connected to a new paved interlocking paving area. The solution also includes a paved area for the installation of four benches and one waste bin with a protective canopy, all at the investor's choice. The pitch has a new permeable polyurethane surface with a thickness of 11 mm, which is laid on a two-layer asphalt base Ako 8 and Ako 16, both layers 40 mm thick. Concrete foundations measuring 700 x 700 x 800 mm are designed for the installation of volleyball and tennis posts with a diameter of 89 mm. These foundations will ensure sufficient stability and strength of the posts during their use. A steel casing with a diameter of 102 mm and a wall thickness of 4 mm will be concreted into the concrete foundations, into which the columns will be inserted. This construction allows for easy assembly and disassembly of the columns, which contributes to the flexibility of using the multi-purpose sports center for various types of sports. Access and arrival to the construction site is via the existing road. For details, see the Pd and the Bill of Quantities. The Contractor's delivery includes, in addition to the work specified in the Bill of Quantities, the provision of the following activities: * Execution of the work according to the Bill of Quantities, in accordance with valid permits, according to valid standards and regulations, including the expected work related to the subject of the work (e.g. washing and cleaning of roads, transportation of materials and mechanization, etc.). * Engineering Activities of the Contractor for the Entire Duration of the Contract Until the Time of Handing Over the Communication to Its User Back into Use, I.e. Including Cooperation in the Acceptance Procedure and the Handover of All Necessary Documents of the Completed Construction. * Appointment of the Authorized Person Responsible for the Implementation of the Construction - Civil Engineering Department. * Provision of the Necessary Technical and Documentary Documentation of the Construction, Waste Disposal in Accordance with Applicable Legal Regulations. All Documents Will Be Marked with the Name of the Construction and Will Be Handed Over After the Completion of the Construction. * Treatment of the Areas of All Construction Sites Affected by the Contractor's Activities, Unless Their Treatment is the Subject of the Contract, Including the Removal of Damage Caused by the Construction. * Before Commencing Construction Work, the Contractor Will Ensure the Marking and Protection of Engineering Networks and Underground Facilities on the Construction Site. * Before the start of the work, a photo documentation of the current state of adjacent buildings (e.g. buildings, fences and fence foundations), as well as land, will be taken. * Ensuring compliance with safety regulations. * Energy consumption and costs for the equipment of the construction site throughout the entire construction period, including the provision of secondary energy measurement. * Demarcation of the construction by a responsible surveyor, including a demarcation protocol, documentation of the actual implementation, geodetic survey of the completed construction. We require the processing of geodetic documentation also in the Jvf Dtm. "the preparation of the geodetic part of the documentation of the actual implementation of the construction or the geodetic basis for maintaining a digital technical map of the Ústí nad Labem region, containing the geometric, positional and height determination of the completed construction or technological equipment, will be prepared in accordance with § 5 A in the structure according to Annexes No. 3 and 4 of Decree No. 393/2020 Coll. On the Digital Technical Map (DTM Decree), as amended, in the currently valid version of the exchange format according to § 6 of the DTM Decree. The geodetic basis is prepared using the existing data of the digital technical map. The geodetic basis includes an assessment of the continuity of the result of the survey of the new state with the existing state.” * The completed construction will be handed over to the use of the city of Klášterec nad Ohří. For some of these activities, separate items are not listed in the Vv. The costs of ensuring the above will be included and allocated to individual items of construction work and thus to the total costs of the construction.

Details: Description Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Philippine Bidding Documents Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) (procurement/contract No. 009) Sixth Edition July 2020 Bids And Awards Committee 202 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 13 Section Iv. General Conditions Of Contract 19 Section V. Special Conditions Of Contract 24 Section Vi. Specifications 26 Section Vii. Drawings 59 Section Viii. Bill Of Quantities 60 Section Ix. Checklist Of Technical And Financial Documents 61 Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Invitation To Bid Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) 1. The Bureau Of Corrections, Through The National Expenditure Program (nep) Of 2025 Capital Outlay, Intends To Apply The Sum Of Three Hundred Million Pesos Only (₱300,000,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) With Identification Number _epa-009__. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bureau Of Corrections Now Invites Bids For Provision Of A Detailed Preliminary Architectural And Engineering Design, Detailed Engineering Requirements And Actual Construction Of The Bureau Of Corrections Super Maximum Security Facility, Based On The Final Detailed Architectural And Engineering Design, To Be Approved By The Head Of Procuring Entity Or Its Duly Authorized Representative Conformably With The Minimum Standards Set Forth In The (1) Presidential Decree (pd) No. 1096, National Building Code Of The Philippines (2) Batas Pambansa (bp)blg. 344, An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Public Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices (3) National Structural Code Of The Philippines (nscp), Volume I, 2010 (4) Philippine Electrical Code (pec), 2009 (5) Revised Plumbing Code Of The Philippines (6) Revised Irr Of Ra 10575 (7) Republic Act (ra) No. 9514, Revised Fire Code Of The Philippines And (8) Applicable Local Regulations And Ordinances. Completion Of The Works Is Required Within Three Hundred Sixty-five (365) Calendar Days. Bidders Should Have Completed A Contract Similar To The Project Amounting To At Least Fifty Percent (50%) Of The Abc Within The Last Six (6) Years. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act.” Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Cooperatives, And Partnerships Or Organizations With At Least Seventy-five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Bureau Of Corrections And Inspect The Bidding Documents At The Address Given Below From Monday To Friday From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On _december 28, 2024 (08:00am To 05:00pm) To January 20, 2025 (01:29 Pm)_____ From The Given Address And Website(s) Below. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Bucor.gov.ph, Provided That Bidders Shall Pay The Applicable Fee Of Fifty Thousand (₱50,000.00) Pesos Only For The Bidding Documents Not Later Than The Submission Of Their Bids. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person Or By Facsimile. 6. The Bureau Of Corrections Will Hold A Pre-bid Conference On _january 06, 2025 (01:30pm)__ At Bac Conference Room Nbp Reservation Muntinlupa City, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below, On Or Before __january 20, 2025 (01:30pm)_____. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 15. 9. Bid Opening Shall Be On __january 20, 2025 (01:30pm)____ At The Bac Conference Room Nbp Reservation Muntinlupa City. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Bureau Of Corrections Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Ma. Adoracion I. Viñas Office Of The Bac Secretariat Supply Office, Bureau Of Corrections, Muntinlupa City Tel # 02-8809-8587/02-8478-0907 Bacsec2022@gmail.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Bucor.gov.ph Date Of Issue: _______________ Ccsupt Celso S Bravo Chairperson, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Bureau Of Corrections Invites Bids For The Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf), With Project Identification Number__________________. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2025 In The Amount Of Three Hundred Million Pesos Only (₱300,000,000.00). 2.2. The Source Of Funding Is: Nga, The National Expenditure Program 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.1. [if Procuring Entity Has Determined That Subcontracting Is Allowed During The Bidding, State:] The Bidder Must Submit Together With Its Bid The Documentary Requirements Of The Subcontractor(s) Complying With The Eligibility Criteria Stated In Itb Clause 5 In Accordance With Section 23.4 Of The 2016 Revised Irr Of Ra No. 9184 Pursuant To Section 23.1 Thereof. 7.2. [if Subcontracting Is Allowed During The Contract Implementation Stage, State:] The Supplier May Identify Its Subcontractor During The Contract Implementation Stage. Subcontractors Identified During The Bidding May Be Changed During The Implementation Of This Contract. Subcontractors Must Submit The Documentary Requirements Under Section 23.1 Of The 2016 Revised Irr Of Ra No. 9184 And Comply With The Eligibility Criteria Specified In Itb Clause 5 To The Implementing Or End-user Unit. 7.3. Subcontracting Of Any Portion Of The Project Does Not Relieve The Contractor Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Conference Room Nbp Reservation Muntinlupa City And/or Through Videoconferencing/webcasting} As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: Architectural, Engineering Design, Detailed Engineering Requirements And Construction Of Building With Concreting Works. 7.1 Subcontracting Is Not Allowed 10.3 A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: For Design Personnel: Key Personnel General Experience Relevant Experience Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience. Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience. Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years’ Experience. Experience In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel: Key Personnel General Experience Relevant Experience Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience. Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. Foreman The Foreman Must Have At Least Five (5) Years’ Experience. Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. Safety Officer The Sanitary Officer Must Have At Least Two (2) Years’ Experience. Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Backhoe At Least 38hp With 0.055 To 0.160 M3 Bucket Capacity 1 Pay Loader At Least 2.5 To 9.5 M3 Bucket Capacity 1 Dump Truck At Least 10 Cu.m. 2 Generator 50kva 1 Concrete Mixers 1 Bagger 4 Welding Machines 300amp Heavy Duty 4 Submersible Dredging Pump At Least 1hp And 2” Output 1 Prospective Bidders Shall Attach The List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be. 12 No Further Instructions. 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than 2% Of The Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than 5% Of The Abc, If Bid Security Is In Surety Bond. 19.2 No Further Instructions. 20 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its; 1. Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2. Supporting Documents For The Slcc (notice Of Award And/or Notice To Proceed And Project Owner’s Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Constructors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted) 3. Certified True Copy Coming From The Issuing Agency Of Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4. Valid And Current Mayor’s Or Business Permit 5. Valid And Current Tax Clearance 6. Valid And Current Pcab License And Registration 7. Audited Financial Statement 8. Three (3) Sets Photocopy Of Eligibility And Financial Envelope Duly Marked As “copy No.1”, “copy No.2” And “copy No.3” 21 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 3.1 The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 3.2 If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 5. Performance Security 5.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 5.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Ra No. 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 6. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 7. Warranty 7.1. In Case The Contractor Fails To Undertake The Repair Works Under Section 62.2.2 Of The 2016 Revised Irr, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 7.2. The Warranty Against Structural Defects/failures, Except That Occasioned-on Force Majeure, Shall Cover The Period From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. Specific Duration Of The Warranty Is Found In The Scc. 8. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 9. Termination For Other Causes Contract Termination Shall Be Initiated In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before, Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Stated In Itb Clause 4. 10. Dayworks Subject To The Guidelines On Variation Order In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 11. Program Of Work 11.1. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval The Said Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. The Submissions Of The Program Of Work Are Indicated In The Scc. 11.2. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 12. Instructions, Inspections And Audits The Contractor Shall Permit The Gop Or The Procuring Entity To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Of The Gop Or The Procuring Entity, As May Be Required. 13. Advance Payment The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum, Or At The Most Two Installments According To A Schedule Specified In The Scc, Subject To The Requirements In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 14. Progress Payments The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15. Operating And Maintenance Manuals 15.1. If Required, The Contractor Will Provide “as Built” Drawings And/or Operating And Maintenance Manuals As Specified In The Scc. 15.2. If The Contractor Does Not Provide The Drawings And/or Manuals By The Dates Stated Above, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause 2 Sectional Completion Is Not Applicable The Intended Completion Date Is Three Hundred Sixty-five (365) Calendar Days From The Date Of Receipt Of The Ntp. 4.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor From The Date Of The Receipt Of Notice To Proceed (ntp). 6 No Further Instructions. 7.2 Fifteen (15) Years. 10 No Dayworks Are Applicable To The Contract. 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) 11.2 The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is One Tenth Of One Percent Of The Total Contract Price. 13 The Amount Of The Advance Payment Is Fifteen Percent (15%) Of The Contract Price Upon Submission To And Acceptance By The Bureau Of Corrections Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Bureau Of Corrections. 14 The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15.1 The Date By Which “as Built” Drawings Are Required Is Upon Actual Completion Of The Project. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is Equivalent To Five Percent (5%) Of The Contract Price. Section Vi. Specifications Terms Of Reference Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) Sablayan Prison And Penal Farm, Occidental Mindoro 1. Project Information 1.1 Project Description The Mission Of The Bucor Is To Protect Society By Confining Offenders In The Controlled Environments Of Prisons And Community-based Facilities That Are Safe, Humane, Cost-efficient, And Appropriately Secure, And That Provide Self-improvement Opportunities To Assist Offenders In Becoming Law-abiding Citizens. The Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) Shall Be Conducive To The Reformation And Rehabilitation Of Inmates That Will Bring Them Back Into The Mainstream Of Society As Useful Citizens Of The Country. The Contract Will Involve The Design And Build Scheme Leading To The Construction Of The Bureau Of Corrections Super Maximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm, Sablayan, Occidental Mindoro. The Plans And Designs Shall Be In Accordance With The Plan Of The Said Structures As Conceptualized By The Bucor Planning And Design Division Or As Conceptualized By The Winning Bidder If The Latter Is Found To Be Superior (as Defined In Section 3.1.1 Of This Tor). Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bureau Of Corrections Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The Bucor Super Maximum Prison Facility (phase 2) Shall Be Constructed As Per Approved Drawings, Specifications, Bill Of Materials, Scope Of Works And The General Contract Conditions Following The Guidelines As Per Annex G Of Irr Of Ra 9184. This Project Aims To Be Completed Within A Year, Aligning With Our Decongestion Program. This Expedited Timeline Underscores Our Commitment To Addressing Urgent Needs Within The Correctional System And Providing Timely Solutions For The High Risk Committed Pdl. The Plans And Designs Shall Be In Accordance With The Plan Of The Said Structures As Conceptualized By The Planning And Design Division (pdd) Under. Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The Construction Of Super Maximum-security Facility Shall Be Constructed As Per Approved Drawings, Specifications, Bill Of Materials, Scope Of Works And The General Contract Conditions Following The Guidelines As Per Annex G Of Irr Of Ra 9184. The Project Shall Have The Following Basic Components: A. Complete Detailed Architectural And Engineering Design Plans, Technical Specifications, And Design Calculations For The Construction Of The Project. Such Plans, Designs, And Technical Specifications Shall Be Subject For Review And Approval By The Bucor Pdd. The Design Development And The Contract Documents Phases Of The Design Shall Continue After The Bid Is Awarded. It Shall Likewise Be Subject For Review And Approval By The Director Of Directorate For Engineering Services (des). B. The Bid Shall Be Based On The Conceptual/schematic Design Drawings Prepared By The Bucor Pdd Or That Submitted By The Winning Bidder As Defined In Section 3.1.1 Of This Tor. C. The Contractor Shall Complete The Construction Of The Following Facility Component: I. One (1) Unit 2-storey“type B” Pdl Dormitory At Least 3190 Sq.m (gross Area) Polished Flooring And Sandwich Panel Roofing With The Capacity Of Atleast 340 Pdl, 2 Pdl Per Cell With Double Deck Bunk Bed (160 Cells), 1 Pdl Per Cell With Single Bed (20 Cells). The Dormitory To Include Complete Utilities, Power Supply, Cctv, Water Supply, Fire Protection; • Electrical System: Three-phase Power Line Supply, Connected From The Local Electric Utility (from Main Road/ Source To The Compound. The Power Line Shall Be Used For The Future Development Of The 50 Ha Facility. • Electrical System: Backup Power (three-phase Genset) Supply System With Capacity Not Less Than Total Computed Mva Load, Without Demand Factor (designed To Supply The Dormitory), And To Include Capacitor Bank, If Necessary; • Sewerage And Drainage Systems(pipelines To Cover From Project Site To Nearest Tapping Point); • Water Supply System With Sufficient Pressure To Provide The Water Requirement Of The Psdl. The System Is Oncomposed Of A Cistern Tank, Pumps, And An Overhead Water Storage Tank. Deep Well Source Water System (intake Box, Transmission Pipelines, Pressure Break Tanks, Chlorinator With Tanks And Accessories, Etc.) Whichever Is Deemed Most Suitable For The Facility And Is Authorized By The Lgu. • Fire Protection System (fire & Jockey Pump, Pump House), Fire Detection Alarm System And Fire Suppression Equipment Included In Dormitory. • Cctv Systems: To Install Cctv At Perimeter Fence To Monitor The Inside Compound And Dormitory To Monitor The Hallways And Blind Spots. Ii. 3 Meters Height Concrete Perimeter Security Fence With Concertina Above, To Cover 50 Hectares Area (plastered And Painted Finish); Iii. Primary And Secondary Fence For 1.8 Hectares Compound Including Gates, Catwalk And Post Towers (with Cr And Water Supply) (r.a. 10575 Rule 7). • 4 Meters Height Concrete Primary Perimeter Fence (with Catwalks, Concertina Wirings, Post Tower (with Cr And Water Supply) And Solar Lightings, (ra10575). • Secondary Perimeter Fence (3 Layer Concertina, Steel Mesh) With 300w Integrated Solar Light Every 3 Bays And (to Include Post Towers And Gates); Iv. Road Networks And Culverts • All Entry And Exit Point Of Any Bodies Of Water E.g. Creeks, Canals Shall Be Fenced Culvert By Metal Grills (non-corrosive); • The Project Has An Allocated Budget Sufficient To Cover At Least 1440 Sqm Of Road Construction Within The Prison Facility. While This Budget Allows For Road Development, Prioritization Shall Be Given To The Construction Of Culverts, Both Fenced And Road Culverts, To Ensure Adequate Drainage And Prevent Flooding. These Culverts Are Critical For The Road Leading From The Main Road To The Site, As Well As Along The Perimeter Of The Facility. To Accurately Assess The Project Scope And Design, Bidders Are Required To Conduct A Thorough Site Inspection To Identify And Evaluate All Necessary Culverts." 1.2 Contractual Framework The Contractual Arrangement To Be Used For The Project Is The Design-and-build (db) Scheme. Under This Scheme The Procuring Entity Awards A Single Contract For The Architectural/engineering Design And Construction To A Single Firm, Partnership, Corporation, Joint Venture Or Consortium. The Winning Contractor Shall Consult And Collaborate With The Bucor Pdd For The Preparation Of The Detailed Architectural Design Of The Project. The Detailed Architectural And Engineering Design Shall Be Subject For The Review And Approval By The Bucor Pdd. Contractors Shall Be Required To Conduct A Bucor Led Site Inspection And Evaluation To Enable The Contractors To Develop Their Proposals Accordingly. The Bucor Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Out Of Any Data Presented By The Contractor. The Obligations And Liabilities Of The Contractor And Its Architect Shall Be Joint And Solidary For Purposes Of The Detailed Architectural Design Of The Project In Accordance With Article 1723 Of The Civil Code Of The Philippines And Other Pertinent Laws. The Db Scheme Of Procurement Was Recommended, Endorsed, And Adopted Pursuant To The Annex G Of Irr Of Ra 9184. 2. Scope Of Contract 2.1 Obligations Of The Winning Bidder/contractor A. Render Architectural And Allied Engineering Design Services Including Final Schematic Design Necessary For The Implementation Of The Project. The Allied Engineering Design Services Shall Include, But Shall Not Be Limited To, Design For Architectural, Civil, Structural, Electrical, Mechanical, Plumbing, And Electromechanical. All Drawings Shall Be Generated Using Modern Modeling/drafting Software And Printed On High Quality 20” X 30” Blue Print Paper. B. Undertake Detailed Architectural And Engineering Designs (daeds) Using The Given Data Such As Topographic, Hydrographic And Cross–section Surveys, Geotechnical And Geological Investigation, And Hydrologic Investigation And Initial Schematic Design Or Design Concept Provided By The Bucor Pdd Which Conforms With The Minimum Performance Specifications And Standards (mpss); C. If Applicable, Secure Environmental Clearance Or An “environmental Compliance Certificate (ecc)”. If The Proposed Project Is Considered Outside The Purview Of The Philippine Environmental Impact Statement (eis) System, A Certificate Of Non- Coverage Or Certificate Of Exemption Shall Be Secured. D. The Project Shall Be Constructed According To The Daeds Prepared By The Winning Bidder And Approved By The Bucor And In Compliance With The Mpss As Well As Provided In Rule Vii, Section 7 Of The Irr Of Ra 10575. Likewise, Construction Includes Conformance To The Provisions Pertaining To Buildings Under The Latest Edition Of The Dpwh Standard Specifications For Public Works Structures, Volumes Ii And Iii (blue Book). The Blue Book Prescribes, Among Other Things, The Material Requirements And Construction Requirements For Different Items Of Work, Including The Tests To Be Conducted During Construction By The Dpwh-accredited Testing Laboratory. The Blue Book Incorporates Pertinent Provisions Of The American Society For Testing And Materials (astm) And American Concrete Institute (aci), Among Other Standards, Pertaining To Construction. Attention Shall Be Given To The Relevant Items Of Work In The Following Parts Of The Blue Book: Volume Ii ➢ Part A – Facilities For The Engineer ➢ Part B – Other General Requirements Volume Iii ➢ Part A – Earthwork ➢ Part B – Plain And Reinforced Concrete Works ➢ Part C – Finishing ➢ Part D – Electrical ➢ Part E – Mechanical ➢ Part I – Water Supply ➢ Part J – Flood Control And Drainage ➢ Part I-c – Drainage Works For Materials And Technologies Not Covered By The Blue Book, Or If The Proponent Intends To Use Any New Material/technology Which Is Not Accredited By The Dpwh Bureau Of Research And Standards (brs), The Proponent Shall Submit A Certification From A Recognized Foreign Or International Institution To The Effect That The New Materials Or Technology Meets The Mpss For This Project And Has Been Successfully Used In Existing Structures With Proven Integrity. The Winning Bidder Or Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Specified In Section 62.2 Of The Irr Of Ra 9184; And, F. The Winning Bidder Or Contractor Shall Be Solely Responsible For The Design And Shall Be Held Responsible For Any Default Resulted From Improper Design. Further, Extended Liability Of The Contractor Since It Stipulated That The Works, When Completed, Shall Be Fit For The Purpose For Which It Was Intended As Defined In The Contract. 2.2 Obligations Of The Bucor A. Provide Full Information On All Requirements For The Project; B. Approve The Winning Bidder Or Contractor’s Design Without Diminishing Their Full And Sole Responsibility For The Quality And Integrity Thereof; C. Give Prompt Written Notice Thereof To Winning Bidder Or Contractor, If It Observes Or Becomes Aware Of Any Defect In The Project; D. Designate, When Necessary, Representatives Authorized To Act On Its Behalf. It Shall Examine Documents Submitted By The Winning Bidder Or Contractor And Render Decisions Pertaining Thereto Promptly, To Avoid Unreasonable Delay In The Progress Of Their Work. It Shall Observe The Procedure Of Issuing Orders To The Winning Bidder Or Contractor; E. Supervise And Monitor The Implementation Of The Project; I. Construction Monitoring And Testing Forms: • The Use Of Construction Monitoring And Testing Forms That Will Be Provide By The Bucor - Nhq Pdd Is Mandatory Throughout The Duration Of Construction. • Oversight Of These Forms Will Be Conducted By The Engineering Services (es) Of The Sppf On Behalf Of The Bucor Pdd • Sppf-es To Impose To Contractor Testing Of All Items After Installation And/or Application. Es To Send Pdd Copy Of The Test Report/s. • Sppf-es To Monitor Material Delivery Of Contractor To Ensure All Materials Installed And/or Applied Are In Accordance With The Specifications Stated On Plans And Contract Of This Project. • In Case There Would Be Substitute Or Alternative To The Original Specification Of Material/s, Sppf- Es To Inform Pdd Of Such Variation. Ii. Bucor Engineer Visits: • Nhq Engineers And Architects (personnel Of Pdd) Will Conduct Site Visits On A Quarterly Basis Or Whenever Deemed Necessary To Ensure Compliance With Standards And Regulations. • Pdd Personnel To Witness The Final Testing And Commissioning Of The Systems, Equipment And Utilities Prior To Acceptance Of The Project Or Part Of The Project Thereof. Iii. Progress Billing Payment: • Sppf Es Engineers Will Provide Monthly Updates, Or As Deemed Necessary, On The Statement Of Work Accomplishment Based On The Actual Progress Of The Project, Including Reports Update. F. Pay The Accomplishment Accepted In The Conformance With The Mpss Included Under The Design And Build Contract. I. This Reports And Swa Updates Of The Ippf Es Will Be Reviewed And Approved By Pdd - Nhq Prior To Any Progress Billing Payments Being Made. 2.3 Bidding Documents The Bidding Documents For The Project Shall Govern The Conduct Of The Procurement Of The Project. 3. Scope Of Works 3.1 Planning And Design Phase 3.1.1 Preliminary Architectural Plan (pap) By Bidder The Approved Concept Design Shall Adopt The Provisions Indicated In Rule Vii, Section 7 Of The Irr Of Ra 10575. Bidders Shall Submit Also An Alternative Design Concept With Respect To The Actual Site Condition. This Alternative Design By The Winning Bidder Shall Be Adopted Should The Same Be Found To Be Superior Than The One Conceptualized By The Bucor Pdd. 3.1.2 Detailed Architectural And Engineering Design (daed) By The Winning Bidder During The Implementation Of The Project, The Winning Bidder Shall Prepare The Daed Of The Project And Submit The Same To The Bucor For Approval Prior To The Execution Of The Construction Works. The Winning Bidder Shall Prepare The Daed Based On Its Pap As Reviewed And Accepted By The Bucor Pdd And In Accordance With The Minimum Performance Standards And Specifications (mpss). The Daed Shall Be Undertaken With A Degree Of Accuracy That Will Allow Estimates To Be Made Within Approximately Plus Or Minus Five Percent (+/-5%) Of The Final Quantities. Once Approved By The Bucor, The Winning Bidder’s Daed Shall Form Part Of The Mpss. The Bucor-approved Daed, Together With The Mpss Provisions On Construction Under Section 2.0 Hereof, Shall Govern The Actual Construction Undertaken By The Winning Bidder. The Winning Bidder Shall Undertake The Necessary Field Surveys And Investigation In Accordance With The Dpwh Design Guidelines. In Carrying Out These Works, The Winning Bidder Shall Ensure That The Engineering, Environmental, Particularly During Field Investigations And The Development Of The Preliminary And Final Detailed Engineering Designs. The Winning Bidder Shall Ensure That All Designs Submitted For Approval Have Fully Taken Into Account Key Findings From The Engineering, Environmental, And That Negative Environmental Impacts Have Been Minimized Or Eliminated To The Fullest Extent Possible. 3.1.3 Architectural And Engineering Design Submittals I. Architectural Design A. The Building Should Be Designed With Structural, Electrical, Natural Or Combine Ventilation And Natural Lighting Following Building Design Standards. B. The Prospective Bidder Shall Prepare The Preliminary Architectural Plans In Accordance With The Requirements Of The National Building Code Of The Philippines, Accessibility Law (bp 344) Including All Other Applicable Laws And Local Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Site Development Plan 2. Vicinity Map 3. Perspective 4. Floor Plans 5. Elevations A. Front Elevation B. Rear Elevation C. Right Elevation D. Left Elevation 6. Sections A. Longitudinal Section B. Cross Section 7. Doors & Window Schedule 8. Plans And Details Of Stairs And Ramps 9. Schedule Of Finishes For Floors, Walls And Ceiling 10. Miscellaneous Details Ii. Structural Design A. The Proponent Shall Prepare The Necessary Structural Analysis/calculation And Design Of The Structural Members Of The Building Component In Accordance With The National Building Code Of The Philippines With Its Referral Codes Such As The Latest National Structural Code Of The Philippines. The Design For The Structure Shall Take Into Account, Among Other Things, The Seismic Requirements Of The Area To Determine The Optimum Safety Of The Whole Structure And To Minimize Possible Earthquake Damage. B. On The Basis Of The Data Obtained From The Detailed Site Investigations, Topographical/soil And Survey, Geotechnical Engineering, Foundation Investigation, Material Testing, Survey Of Existing Site Conditions, The Seismic Requirements Of The Area, The Load Requirements Of The Building And Other Investigation Required To Obtain The Data Necessary To Ensure The Safety Of The Structure, The Proposal Shall Prepare The Preliminary Structural Design Plans Of The Structure. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Structural Design Criteria And Design Notes 2. Foundation Plan 3. Floor Framing Plans 4. Schedule Of Slab, Beams And Girders 5. Schedule Of Columns 6. Schedule Of Footings 7. Structural Details Of Stairs/ramp, If Applicable 8. Roof Framing Plan, If Applicable 9. Schedule And Details Of Trusses, If Applicable 10. Road Design And Details (if Applicable) 11. Miscellaneous Details Iii. Sanitary/plumbing Design A. General • The Detailed Design Shall Conform To The General Standards Adopted By The Sanitary & Plumbing Code Of The Philippines And Other Pertinent Laws And Ordinances. • All Design Considerations/assumptions Shall Be Based On The Results Of The Technical Studies, Detailed Analyses, And Design Computations. • The Technical Drawings And Specifications Shall Clearly Indicate All The Details Required To Ascertain The Care And Thoroughness Devoted In The Preparation Of The Drawings. B. Drainage And Sewerage • The Drainage Layout Shall Show All The Required Information Such As Direction Of Flow, Manhole-to-manhole Distances, And Sizes Of Lines, Manholes/canals, Location Of Outfalls, Etc. • The Prospective Bidder Shall Prepare A Design For The Sewage Treatment Plant In Accordance To The Clean Water Act Of 2004 (republic Act No. 9275) And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Sewer, Vent And Storm Drainage Layout 4. Enlarged Toilet Plan For Common And Pwd Toilets 5. Isometric Diagram 6. Miscellaneous Details 7. Drainage And Sewerage System 8. Three Chamber Septic Tank Plans And Details C. Water Supply And Distribution System • The Proponent Shall Carry Out A Preliminary Detailed Design For The Water Supply Of The Project. The Design Should Be On The Basis Of The Source And Volume Of Water Supply, Water Consumption, Piping Network, And Conveyance In Accordance With The Applicable Laws, Rules And Regulations Governing Health, Safety And Sanitation. • The Contractor Shall Install Elevated Water Storage/s Per Unit Located At The Roof Deck Of The Prison Dormitories. (sufficient Capacity To Supply The Pdl) Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Water Line Layout 4. Water Line Isometric Diagram 5. Water Reservoir Plans And Details 6. Miscellaneous Details Iv. Electromechanical Design A. Sewage Treatment Plant • The Prospective Bidder Shall Prepare A Design For The Sewage Treatment Plant In Accordance To The Clean Water Act Of 2004 (republic Act No. 9275) And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. General Notes 2. Legend & Symbols 3. Electrical System Layout 4. Mechanical System Layout 5. Instrumentation And Control System Diagrams 6. Piping And Instrumentation Diagrams (p&ids) 7. Equipment Details And Specifications 8. Electrical Power Distribution 9. Emergency Power Systems 10. Grounding And Lightning Protection 11. Control And Monitoring Systems, If Applicable 12. Safety Systems 13. Miscellaneous Details B. Fire Protection System • The Prospective Bidder Shall Prepare A Design For The Fire Protection System In Accordance To The Fire Code Of The Philippines, (irr) Of Ra 9514, And Other Relevant Laws And Ordinances. Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Sprinkler System 2. Sprinkler System Isometric Diagram 3. Fire Fighting Piping System Diagram 4. Fire Alarm System Layout 5. Fire Suppression System Layout 6. Smoke Management System Layout 7. Fire Pump And Water Supply 8. Miscellaneous Details V. Electrical Design A. The Prospective Bidder Shall Prepare A Preliminary Design Plan For The Electrical And Power Supply System Of The Building In Accordance With The Electrical Code Of The Philippines, Fire Code Of The Philippines, National Building Code Of The Philippines And Other Relevant Laws And Ordinances. B. The Prospective Bidder Shall Prepare A Design For The Electrical And Power Supply System Considering Ease Of Maintenance And Prevention Of Illegal Connections Including Electrical Supply For Ceiling Fans. C. The Prospective Bidder Shall Prepare A Design For Backup Power Generator With Capacity Not Less Than Total Computed Kva Load Without Demand Factor. D. 3-phase Electrical Supply Shall Be Sourced From The Local Electrical Utility. E. Power Line Connection From Main Source To The Facility Submittals: (at Suitable Scale On High Quality 20” X 30” Blue Print Paper Minimum Size) 1. Power Riser Diagram 2. Power Layout System 3. Lighting Layout System 4. Local Area Network System, If Applicable 5. Grounding System 6. Load Schedules 7. Others As Applicable Vi. Other Requirements  Technical Specifications  Boring Test  Structural Design And Analysis And Computation  Final Design And Construction Plans  Upon Award Of Contract, The Contractor Shall Comply The Following: O Prepare Final Draft Of Architectural And Engineering Design Plans Incorporating All Design Refinements And Revisions Based On Project Requirement Or As May Be Required By The Bucor Pdd Within The Scope Of Design. O Submit To The Bucor Design And Build Committee (bucor-dbc) The Final Architectural And Engineering Design Plans And Specifications Duly Signed And Sealed By The Concerned Professional Architect, Engineers, Incorporating All The Necessary Revisions And Refinements For Approval By The Head Of Procuring Entity. 3.2 Construction Phase The Following Works Shall Comprise This Phase: I. Permits And Clearances, The Contractor Shall Upon Authorization Of The Head Of The Procuring Entity (hope), Make Representations With The Government Agencies Concerned To Expedite The Processing Of The Necessary Permits And Certificates Such As The Following: A. Zoning Certification And Locational Clearance B. Building /electrical/sanitary Permits C. Certificate Of Occupancy D. Environmental Clearance Certificate E. All Other Permits/clearances As May Be Required For The Construction. Ii. Mobilization, The Contractor Shall Mobilize All The Required Project Team Personnel, Equipment, Tools, And Manpower With The Required Skills And In Sufficient Number As May Be Necessary For His Efficient Undertaking Of The Project. Iii. Clearing, Grubbing And Hauling/disposal Of Debris Iv. Construction Stage As A Rule, Contract Implementation Guidelines For Procurement Of Infrastructure Projects Shall Comply With Annex “e” Of The Revised Irr Of Ra 9184. The Following Provisions Shall Supplement These Procedures: I. No Works Shall Commence Unless The Contractor Has Submitted The Prescribed Documentary Requirements And Implementing Unit Has Given Written Approval. Work Execution Shall Be In Accordance With Reviewed And Approved Documents. Ii. The Contractor Shall Be Responsible For Obtaining All Necessary Information As To Risks, Contingencies And Other Circumstances Which May Affect The Works And Shall Prepare And Submit All Necessary Documents Specified By The Implementing Unit To Meet All Regulatory Approvals As Specified In The Contract Documents. Iii. The Contractor Shall Submit A Detailed Program Of Works Within Fourteen (14) Calendar Days After The Issuance Of The Notice To Proceed (ntp) For Approval By The Head Of The Procuring Entity (hope) That Shall Include, Among Others: A. The Order In Which It Tends To Carry Out The Work Including Anticipated Timing For Each Stage Or Design/detailed Engineering And Construction; B. Periods For Review Of Specific Outputs And Any Other Submissions And Approvals; C. Sequence Of Timing For Inspection And Tests; D. General Description Of The Design And Construction Methods To Be Adopted; E. Number Of Personnel To Be Assigned For Each Stage Of The Work; F. List Of Equipment Required On Site For Each Stage Of The Work; And G. Description Of The Quality Control System To Be Utilized For The Project. Iv. Any Errors, Omissions, Inconsistencies, Inadequate Or Failure Submitted By The Contractor That Do Not Comply With The Requirements Shall Be Rectified, Resubmitted And Reviewed At The Contractor’s Cost. If The Contractor Wishes To Modify Any Design Or Document Which Has Been Previously Submitted, Reviewed And Approved, The Contractor Shall Notify The Implementing Unit Within A Reasonable Period Of Time And Shall Shoulder The Cost Of Such Changes. V. As A Rule, Changes In Design And Construction Requirements Shall Be Limited Only To Those That Have Not Been Anticipated In The Contract Signing And Approval. The Following Guidelines Shall Govern Approval For Change Or Variation Order: A. Change Orders Resulting From Design Errors, Omissions Or Non-conformance With The Performance Specifications And Parameters And The Contract Documents By The Contractor Shall Be Implemented By The Contractor At No Additional Cost To The Bureau Of Corrections. B. Provided That The Contractor Suffers Delay And/or Incurs Costs Due To Changes Or Errors In The Preparation Of Performance Specification And Parameters, The Contractor Shall Be Entitled To Either One Of The Following:  An Extension Of Time For Any Such Delays Under Section 10 Of Annex “e” Of Irr-a (ra9184; Or  Payments For Such Cost As Specified In The Contract Documents, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. C. The Contract Documents Shall Include The Manner And Schedule Of Payment Specifying The Estimated Contract Amount And Installments In Which The Contract Will Be Paid. D. The Contractor Shall Be Entitled To Advance Payment Subject To The Provisions Of Section 4 Of Annex “e” Of The Revised Irr Of Ra 9184. E. The Implementing Unit Shall Monitor The Quality Control Procedures For The Design And Construction In Accordance With The Government Guidelines And Shall Issue The Proper Certificates Of Acceptance For Sections Of The Works Or Whole Of The Works As Provided For In The Contract Documents. F. The Contractor Shall Provide All Necessary Equipment, Personnel, Instruments, Documents And Others To Carry Out Specified Tests. G. This Design And Build Project Shall Have Minimum Defects Liability Period Of One (1) Year Contract Completion Or As Provided In The Contract Documents. This Is Without Prejudice To The Liabilities Imposed Upon The Engineer/architect Who Drew Up The Plans And Specification For A Building Sanctioned Under Section 1723 Of The New Civil Code Of The Philippines. H. The Contractor Shall Be Held Liable For Design And Structural Defects And/or Failure Of The Completed Project Within The Warranty Period Of 15 Years For Permanent Structures/buildings And 5 Years For Roads As Specified In Section 62.2.2 Of The Revised Irr Of Ra 9184 V. As-built Plans. The Contractor Shall Cause The Preparation And Submission Of As-built Plans Duly Signed And Sealed By All Concerned Parties Involved In The Construction In The Same Sheet Size And Scale As The Original Drawings In One (1) Blue Print Copy And One (1) Reproducible Copy. Vi. General Requirements: 1. Temporary Facilities Such As Field Offices For The Bucor Inspectorate Team, Project Engineers And Quarters For Laborers; Temporary Warehouse For The Construction Material. 2. Office Furniture And Equipment, Survey Equipment And Consumables 3. Photographs: This Item Consists Of The Supply Of Equipment And Materials, I.e., Album, Necessary To Undertake Photographic Progress Activities Of The Project And Of All Cost Incidental To The Preparation And Submission Of Photographs (at Least 12 Photographs Per Day). The Quantities For Photographs Shall Be One (1) Set Of Photographs Per Month. 4. Health And Safety Program Including Personal Protective Equipment (ppe) A. All Standard Safety Measures And Precautions Shall Be Exercised By The Contractor In The Course Of The Project For The Protection Of The Public And Its Workers And In Conformity With Dole Department Order No. 13, Series Of 1998. B. All Workers Shall Be Equipped With Proper Working Uniform And Identification At All Times. They Must Be Registered With The Governing Bucor Security Office And Must Comply With The Bucor’s Rules And Regulations. C. The Contractor Shall Secure His/her Own Equipment And Materials On Site. The Bucor Shall Not Be Liable To Any Losses Incurred During The Progress Of The Work. 5. Minimum Heavy Equipment Requirement (as Needed) For Site Development Such As: No. Item Specification 1. Backhoe 0.8 Cu. M. 2. Backhoe Wheel Mounted With Breaker 0.90 Cu. M. 3. Cargo/service Truck 2-5 Mt., 160 Hp 4. Dump Truck 12 Cu. Yd. 5. Motorized Road Grader G710a, 140hp 6. Payloader 1.5 Cu. M. 7. Vibrator Roller 10 Mt 8. Bulldozer 170 Hp 9. Scraper 515 Hp 10. Truck Mounted Crane, Hydraulic Telescopic Bommer Capacity: 41 – 45 Mt. 11. Crawler Crane 41-45 Mt 12. Generator Set 300 Kw/375 Kva 13. Water Pump 100mm Suction Dia. 14. One Bagger Mixer 4-6 Ft3/min 15. Concrete Vibrator Ey20, 5hp, 32-70mm 16. Vibro Hammer 45000 Kg-m 17. Excavator 17.5 Kw Or Any Specify Types Of Heavy Equipment Needed For A Site Development Will Be Determined By The Winning Bidder. 6. Environmental Compliance 7. Communication Equipment: This Item Consists Of The Provision Of Communication Equipment. 8. Billboard 9. Traffic Management (if Applicable). Vii. Building Construction 1 Lot One (1) Unit 2-storey“type B” Pdl Dormitory At Least 3190 Sq.m (gross Area) Polished Flooring And Sandwich Panel Roofing With The Capacity Of Atleast 340 Pdl, 2 Pdl Per Cell With Double Deck Bunk Bed (160 Cells), 1 Pdl Per Cell With Single Bed (20 Cells). The Dormitory To Include Complete Utilities, Power Supply, Cctv, Water Supply, Fire Protection; • Electrical System: Three-phase Power Line Supply, Connected From The Local Electric Utility (from Main Road/ Source To The Compound. The Power Line Shall Be Used For The Future Development Of The 50 Ha Facility. • Electrical System: Backup Power (three-phase Genset) Supply System With Capacity Not Less Than Total Computed Mva Load, Without Demand Factor (designed To Supply The Dormitory), And To Include Capacitor Bank, If Necessary; • Sewerage And Drainage Systems(pipelines To Cover From Project Site To Nearest Tapping Point); • Water Supply System With Sufficient Pressure To Provide The Water Requirement Of The Psdl. The System Is Composed Of A Cistern Tank, Pumps, And An Overhead Water Storage Tank. Deep Well Source Water System (intake Box, Transmission Pipelines, Pressure Break Tanks, Chlorinator With Tanks And Accessories, Etc.) Whichever Is Deemed Most Suitable For The Facility And Is Authorized By The Lgu. • Fire Protection System (fire & Jockey Pump, Pump House), Fire Detection Alarm System And Fire Suppression Equipment Included In Dormitory. • Cctv Systems: To Install Cctv At Perimeter Fence To Monitor The Inside Compound And Dormitory To Monitor The Hallways And Blind Spots. 1 Lot 3 Meters Height Concrete Perimeter Security Fence With Concertina Above, To Cover 50 Hectares Area (plastered And Painted Finish); 1 Lot Primary And Secondary Fence For 1.8 Hectares Compound Including Gates, Catwalk And Post Towers (with Cr And Water Supply) (r.a. 10575 Rule 7). • 4 Meters Height Concrete Primary Perimeter Fence (with Catwalks, Concertina Wirings, Post Tower (with Cr And Water Supply) And Solar Lightings, (ra10575). • Secondary Perimeter Fence (3 Layer Concertina, Steel Mesh) With 300w Integrated Solar Light Every 3 Bays And (to Include Post Towers And Gates); 1 Lot Road Networks And Culverts • The Project Has An Allocated Budget Sufficient To Cover At Least 1440 Sqm Of Road Construction Within The Prison Facility. While This Budget Allows For Road Development, Prioritization Shall Be Given To The Construction Of Culverts, Both Fenced And Road Culverts, To Ensure Adequate Drainage And Prevent Flooding. These Culverts Are Critical For The Road Leading From The Main Road To The Site, As Well As Along The Perimeter Of The Facility. • All Entry And Exit Point Of Any Bodies Of Water E.g. Creeks, Canals Shall Be Fenced Culvert By Metal Grills (non-corrosive); • To Accurately Assess The Project Scope And Design, Bidders Are Required To Conduct A Thorough Site Inspection To Identify And Evaluate All Necessary Culverts. A. Material Specifications: A. Floor Finishes • Polished Cement Finish Prison Cell, Hallways, Staircases, And Rooms • Plain Cement Finished - Pathways. • Ramps - Anti Slip Pavers Or Tiles • Crs – Unglazed Ceramic Tiles B. Wall Finishes A. Glazed Wall Tiles - 1.8m Height. B. Plain Cement Plaster Finish - For All Buildings And Facilities C. Ceiling Finishes C. Concrete Steel Decking, If Applicable. – Coated In White Enamel D. Painting D. Semi-gloss Solvent Paint Top Coat (high-end Quality) For Interior And Exterior Walls In Two To Three Coats Application. Apply Concrete Neutralizer For Newly Finished Concrete Surfaces. Use Solvent Primer. E. Varnish Paint Finish With Weather Proof Coating – For Doors And Jambs Branded, High-end Quality (offices, Etc.), All Wooden Doors Must Have Secondary Steel Doors. F. Use Epoxy Paint Primer. Epoxy Paint Finish – For Structural Steel And All Metal Works E. Doors And Windows G. No Doors For Prison Facility Comfort Rooms With 1.20 Meter Finish Wall Height (see Rule Vii, Section 7 R-irr Of Ra 10575). H. Steel Doors And Grills – For Dormitories, Gates And Other Security Areas. Sliding Doors For All Cells (see Rule Vii, Section 7 R-irr Of Ra 10575) F. Waterproofing I. Uv Resistant Polyurethane Waterproofing – For All Roof Deck With Topping Works Provided With Welded Wire Mesh. (at Elevated Water Tank Area) J. Cistern - Polyurethane Waterproofing G. Plumbing Works K. Upvc Pipe Series 1000 – For All Soil, Sewer, Waste, Dry And Wet Vent Piping High-end Quality L. Pprc Fusion Type – For All Water Lines High-end Quality M. Contractor Encouraged To Adapt: Lpf Flush Valve For Water Closet Or Stainless Toilet-lavatory Combination. Waterless Urinals N. Sprinkler System To All Prison Dormitories In Accordance With The Provisions Of Revised Plumbing Code Of The Philippines. O. Contractor To Provide A Water System To Supply The Facility 4. Approved Budget For The Contract (abc) The Approved Budget For The Contract (abc) Is Php 300,000,000. This Is The Ceiling For Acceptable Bids. Bids Higher Than Abc Shall Be Automatically Rejected. 5. Proposed Implementation Schedule (example): No. Of Months 1 2 4 5 6 7 8 9 10 11 12 Design Phase Construction Phase 6. Eligibility Criteria For Bidders 6.1 General The Eligibility Requirements For This Design And Build Project Shall Adopt The Provisions Of Annex “g” Of The Implementing Rules And Regulations Of Ra 9184 (e.g. Eligibility Requirement). However, If A Bidder Who Has No Experience In Db Project On Its Own May Opt To Enter A Subcontracting Agreement, Partnership, Or Joint Venture With A Design Or Engineering Firm For The Design Portion Of The Project. 6.2 Legal Requirements A. Valid Contractor’s License Issued By The Philippine Contractor’s Accreditation Board B. Valid License Of The Contractor’s Designer Issued By The Professional Regulation Commission. 6.3 Technical Requirements A. The Contractor’s Designer Must Have Designed One Structure Similar To The Project At Hand With A Construction Cost Of At Least 50 % Of The Abc. 6.4 Financial Requirements The Contractor Must Have A Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc To Be Bid Or Equivalent To Php300,000,000.00. 7. Contents Of The Bid 7.1 In The First Envelope Class “a” Documents Legal Documents I. Philgeps Certificate Of Registration And Membership In Accordance With Section 8.5.2 Of This Irr. For Procurement To Be Performed Overseas, It Shall Be Subject To The Guidelines To Be Issued By The Gppb. (a) Ii. Pcab License And Registration, In Case Of Jv; 57 Iii. Statement Of All Ongoing Government And Private Contracts; Iv. Statement Of Slcc; V. Nfcc Computation; Vi. Jva, If Applicable; Vii. Bid Security In The Prescribed Form, Amount And Validity Period; Viii. Project Requirements, Which Shall Include The Following: 1. Organizational Chart For The Contract To Be Bid; 2. List Of Contractor’s Personnel (design And Construction), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; 3. List Of Contractor’s Equipment Units Which Are Owned, Leased And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From Lessor/vendor For The Duration Of The Project. Ix. Omnibus Sworn Statement By The Prospective Bidder Or Its Authorized Representative In The Prescribed Format; X. Submission Of Preliminary Conceptual Design Plans: Class “b” Documents I. For Infrastructure Projects, Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And It’s Irr. Ii. Each Partner Of The Joint Venture Shall Submit Their Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. 1. Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) A. Location Plan/vicinity Map B. Perspective C. Floor Plans D. Front View Elevation E. Rear View Elevation F. Left Side View Elevation G. Right Side View Elevation H. Longitudinal Section I. Transverse Section 2. Design And Construction Method 3. List Of Contractor’s Personnel To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc), Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; For Design The Key Professionals And The Respective Qualifications Of The Design Personnel Shall Be As Follows: • Principal Architect The Principal Architect Must Be Duly-licensed With At Least Ten (10) Years’ Experience In The Design Of Residential, Government Offices Or Institutional Facilities, And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Structural Engineer The Structural Engineer Must Be A Duly-licensed Civil Engineer With At Least Ten (10) Years’ Experience In Structural Design And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Professional Electrical Engineer The Electrical Engineer Must Be A Registered Professional Electrical Engineer With At Least Five (5) Years’ Experience In The Design Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems And Preferably Knowledgeable In Developments In Emergent Efficient Lighting Technologies And Energy Management. • Professional Mechanical Engineer The Mechanical Engineer Must Be A Professional Mechanical Engineer With At Least Five (5) Years In Hvac And Fire Protection Systems And Preferably Knowledgeable In Emergent, Alternative Energy- Efficient Hvac Technologies. • Electronics And Communications Engineer The Electronics And Communications Engineer Must Be Duly-licensed With At Least Ten (5) Years’ Experience In The Design Of Communications Systems, And Preferably Knowledgeable In The Application Of Building Automation And Surveillance Systems. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In The Design Of Building Water Supply And Distribution, Plumbing, And Preferably Knowledgeable In Waste Water Management/treatment, And Emergent, Alternative Effluent Collection And Treatment System. The Design & Build Contractor May, As Needed And At Its Own Expense, Add Additional Professionals And/or Support Personnel For The Optimal Performance Of All Architectural And Engineering Design Services, As Stipulated In These Terms Of Reference, For The Project. Prospective Bidders Shall Attach Each Individual’s Resume And Prc License Of The (professional) Staff. Design Personnel May Also Be Utilized For The Construction Phase Provided That The Same Meet The Minimum Number Of Years Of Experience In The Construction Of Similar Projects. For Construction Personnel The Key Professionals And The Respective Qualifications Of The Construction Personnel Shall Be As Follows: • Project Manager The Project Manager Shall Be A Licensed Architect Or Engineer With At Least Eight (8) Years Relevant Experience On Similar And Comparable Projects In Different Locations. The Project Manager Should Have A Proven Record Or Managerial Capability Through The Directing/managing Of Major Civil Engineering Works, Including Projects Of A Similar Magnitude. • Project Architect/engineer The Project Architect/engineer Shall Be A Licensed Architect Or Engineer With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Materials Engineer (m.e. I) The Materials Engineer Must Be Duly Accredited With The Dpwh And With At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Electrical Engineer The Electrical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Lighting, Power Distribution, Communication Systems (specifically Structured And Local Area Network Cabling, Pabx), Building Management Systems. • Mechanical Engineer The Mechanical Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Hvac And Fire Protection. • Sanitary Engineer The Sanitary Engineer Must Be Duly-licensed With At Least Five (5) Years’ Experience In Similar And Comparable Projects In The Installation Of Building Water Supply And Distribution, Plumbing. • Foreman The Foreman Must Have At Least Five (5) Years’ Experience In Similar And Comparable Projects And Shall Preferably Be Knowledgeable In The Application Of Rapid Construction Technologies. • Safety Officer The Safety Officer Must Be An Accredited Safety Practitioner By The Department Of Labor And Employment (dole) And Must Have Undergone The Prescribed Forty (40) Hour Construction Safety And Health Training (cosh) And Must Have At Least Two (2) Years’ Experience. 4. Value Engineering Analysis Of Design And Construction. The Second Envelope (financial Proposal) Shall Contain All The Required Documents For Infrastructure Projects Under Section 25.38 Of The Irr Of R.a 9184. 7.2 In The Second Envelope – Financial Proposal The Contents Of Financial Proposal – In The Second Envelope Shall Be Governed By Section 6.1 Design And Build Scheme Of The Dpwh Procurement Manual Volume Ii - Infrastructure Main Guidelines (2016). A. Lump Sum Bid Prices, Which Shall Include The Detailed Engineering Cost, In The Prescribed Bid Form Inclusive Of Vat B. Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid For The Following: I Detailed Architectural And Engineering Design; Ii Demolition Works; And Iii Building Construction/civil Works. C. Bill Of Quantities D. Cash Flow And Payments Schedule. 8. Procedure And Criteria For Bids Evaluation For The Detailed Evaluation Of The Design And Build Proposals A Two-step Procedure Shall Be Adopted By The Bac, Which May Be Undertaken With The Assistance Of The Dbc. First-step Procedure: With The Assistance Of The Bucor Design And Build Committee (bucor-dbc), The Bac Shall Conduct The Opening, Preliminary Examination And Detailed Evaluation Of The Design And Build Proposals, As Follows: (1) The First Step Of The Evaluation Shall Involve The Review Of The Preliminary Conceptual Designs And Track Record Submitted By The Contract As Indicated In The Bidding Documents Using A Nondiscretionary “pass/fail” Criteria That Involve Compliance With The Following Requirements: A. Performance Specifications And Parameters And Degree Of Details; B. Adherence Of Preliminary Design Plans To The Required Concept Of Approach And Methodology For Detailed Engineering, Design And Construction With Emphasis On The Clarity, Feasibility, Innovativeness And Comprehensiveness Of The Plan Approach, And The Quality Of Interpretation Of Project Problems, Risks, And Suggested Solutions; And C. Quality Of Personnel To Be Assigned To The Project Which Covers Suitability Of Key Staff To Perform The Duties Of The Particular Assignments And General Qualifications And Competence Including Education And Training Of The Key Staff. 8.1 Merit Point Critera For The Bid Evaluation 8.1.1 Adherence To Performance Specifications (35 Points) A. Compliance And Adherence To Specifications: Excellent Compliance (100 Points): The Submission Fully Adheres To All Specified Project Requirements And Regulations, Demonstrating Meticulous Attention To Detail And Comprehensive Understanding Of The Tor. All Drawings And Documentation Are Accurate, Complete, And In Compliance With Relevant Standards. Good Compliance (80 Points): The Submission Largely Complies With Project Specifications And Regulations, With Minor Discrepancies. Drawings And Documentation Are Mostly Accurate And Complete, Meeting The Majority Of Requirements. Acceptable Compliance (70 Points): The Submission Satisfies Most Of The Specified Requirements And Regulations, Albeit With Some Notable Omissions Or Inconsistencies. Drawings And Documentation Are Generally Accurate And Complete, Meeting The Basic Expectations. Some Reservations (50 Points): The Submission Partially Meets The Specified Requirements And Regulations, With Several Notable Deficiencies Or Inconsistencies. There Are Significant Gaps Or Inaccuracies In The Drawings And Documentation, Raising Concerns About Compliance. Serious Reservations (20%) The Submission Falls Significantly Short Of Meeting The Specified Requirements And Regulations, With Major Deficiencies Or Inconsistencies. Drawings And Documentation Lack Essential Details Or Fail To Comply With Key Standards, Casting Doubt On The Bidder's Understanding Of The Project Scope. Unacceptable (0%) The Submission Fails To Comply With The Specified Requirements And Regulations, Lacking Essential Details And Demonstrating A Fundamental Misunderstanding Of The Project Scope. Drawings And Documentation Are Incomplete Or Inaccurate, Indicating A Lack Of Capability To Deliver The Project On Time. B. Functionality And Efficiency: Excellent (100%): The Design Optimally Utilizes Space, Facilitating Efficient Accommodation Of 500 Psdl. Layout And Design Enhance Operational Flow, Demonstrating Exceptional Foresight And Planning. Integration Of Facilities Promotes Smooth Prison Management. Good (80%): The Design Effectively Utilizes Space, With Minor Areas For Improvement In Operational Flow. Layout And Design Contribute To Efficient Prison Management, Meeting Most Functional Requirements. Acceptable (70%): The Design Adequately Utilizes Space, Meeting Basic Requirements For Accommodating 500 Psdl. Layout And Design Support Operational Flow, Though Some Improvements Are Needed For Optimal Functionality. Some Reservations (50%): The Design Partially Optimizes Space Utilization, With Notable Deficiencies In Operational Flow. Layout And Design Hinder Efficient Prison Management, Requiring Significant Adjustments For Improvement. Serious Reservations (20%): The Design Inadequately Utilizes Space, Hindering Accommodation Of 500 Psdl. Layout And Design Severely Impede Operational Flow, Indicating A Lack Of Understanding Of Functional Requirements. Unacceptable (0%): The Design Fails To Optimize Space Utilization, Lacking Consideration For Accommodating 500 Psdl. Layout And Design Pose Significant Obstacles To Efficient Prison Management, Indicating A Fundamental Misunderstanding Of Functional Requirements. C. Safety And Security: Excellent (100%): The Design Features Robust Perimeter Walls, Guard Towers, And Security Features Ensuring Optimal Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Highly Reliable, With Comprehensive Safety Measures For Both Psdl And Staff. Good (80%): The Design Incorporates Effective Perimeter Walls, Guard Towers, And Security Features, With Minor Areas For Enhancement. Fire Protection And Detection Systems Are Reliable, With Adequate Safety Measures For Psdl And Staff. Acceptable (70%) The Design Includes Satisfactory Perimeter Walls, Guard Towers, And Security Features, Meeting Basic Requirements For Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Functional, With Sufficient Safety Measures For Psdl And Staff. Some Reservations (50%): The Design Features Partially Effective Perimeter Walls, Guard Towers, And Security Features, With Notable Deficiencies In Pdl Containment And Facility Security. Fire Protection And Detection Systems Lack Reliability, With Limited Safety Measures For Psdl And Staff. Serious Reservations (20%): The Design Lacks Effective Perimeter Walls, Guard Towers, And Security Features, Compromising Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Inadequate, Posing Significant Risks To Psdl And Staff Safety. Unacceptable (0%): The Design Neglects Perimeter Walls, Guard Towers, And Security Features, Failing To Ensure Pdl Containment And Facility Security. Fire Protection And Detection Systems Are Absent Or Non-functional, Posing Severe Risks To Psdl And Staff Safety. D. Sustainability And Environmental Considerations: Excellent (100%): The Design Includes Robust Safety Measures And Emergency Protocols, Ensuring The Safety And Well-being Of Psdl And Staff In Accordance With Ra 10575. Good (80%): The Design Integrates Sustainable Design Principles Effectively, With Minor Opportunities For Improvement In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Adequate, Supporting Environmental Sustainability. Acceptable (70%) The Design Includes Basic Sustainable Design Principles, Meeting Minimum Requirements For Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Are Functional, Contributing To Environmental Sustainability. Some Reservations (50%): The Design Partially Incorporates Sustainable Design Principles, With Notable Deficiencies In Energy Efficiency And Material Selection. Sewage Treatment And Water Conservation Measures Lack Comprehensiveness, Limiting Environmental Sustainability. Serious Reservations (20%): The Design Lacks Consideration For Sustainable Design Principles, Neglecting Energy Efficiency And Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Insufficient, Undermining Environmental Sustainability. Unacceptable (0%): The Design Disregards Sustainable Design Principles, Showing No Commitment To Energy Efficiency Or Eco-friendly Materials. Sewage Treatment And Water Conservation Measures Are Absent Or Inadequate, Disregarding Environmental Sustainability. E. Aesthetics And Architectural Design: Excellent (100%): The Design Exhibits Exceptional Aesthetic Appeal And Architectural Coherence, Showcasing Innovative And Visually Pleasing Elements. Consideration Of Local Architectural Vernacular And Contextual Integration Is Evident, Contributing To The Overall Excellence Of The Design. Good (80%): The Design Demonstrates Good Aesthetic Appeal And Architectural Coherence, With Some Areas For Enhancement In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Apparent, Enriching The Design. Acceptable (70%): The Design Achieves Acceptable Aesthetic Appeal And Architectural Coherence, Meeting Basic Expectations For Visual Presentation. Consideration Of Local Architectural Vernacular And Contextual Integration Is Present, Though Limited In Scope. Some Reservations (50%): The Design Lacks Significant Aesthetic Appeal And Architectural Coherence, With Notable Deficiencies In Creativity And Visual Impact. Consideration Of Local Architectural Vernacular And Contextual Integration Is Minimal, Detracting From The Overall Quality Of The Design. Serious Reservations (20%): The Design Exhibits Poor Aesthetic Appeal And Architectural Coherence, Failing To Engage Visually Or Inspire Interest. Consideration Of Local Architectural Vernacular And Contextual Integration Is Lacking, Diminishing The Design's Relevance And Appropriateness. Unacceptable (0%): The Design Lacks Any Aesthetic Appeal Or Architectural Coherence, Showing No Effort To Engage Visually Or Integrate With The Local Architectural Vernacular. Consideration Of Contextual Integration Is Absent, Rendering The Design Unsuitable For The Project. 8.1.2 Approach And Methodology For Detailed Engineering, Design, And Construction (40 Points) Excellent (100%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Exceptionally Clear, Feasible, Innovative, And Comprehensive. The Plan Demonstrates A High Level Of Understanding Of Project Problems, Risks, And Suggested Solutions, With Well-defined Strategies For Addressing Them. Good (80%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Clear, Feasible, And Comprehensive, With Some Innovative Elements. The Plan Adequately Addresses Project Problems, Risks, And Suggested Solutions, Though Some Areas May Require Further Development. Acceptable (70%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Satisfactorily Addresses Project Requirements, With A Basic Level Of Clarity And Feasibility. The Plan Outlines Strategies For Addressing Project Problems, Risks, And Suggested Solutions, Meeting The Minimum Expectations. Some Reservations (50%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Partially Addresses Project Requirements, With Notable Gaps In Clarity And Feasibility. The Plan Lacks Innovative Elements And May Inadequately Address Project Problems, Risks, And Suggested Solutions. Serious Reservations (20%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Demonstrates Significant Deficiencies In Clarity, Feasibility, And Comprehensiveness. The Plan Fails To Adequately Address Project Problems, Risks, And Suggested Solutions, Indicating A Lack Of Understanding Or Inadequate Planning. Unacceptable (0%): The Concept Of Approach And Methodology For Detailed Engineering, Design, And Construction Is Unclear, Infeasible, And Lacks Comprehensiveness. The Plan Fails To Address Project Problems, Risks, And Suggested Solutions, Indicating A Fundamental Misunderstanding Or Disregard For Project Requirements. 8.1.3 Quality Of Personnel Assigned To The Project (25 Points) Excellent (100%): The Personnel Assigned To The Project, Including Key Staff, Are Highly Suitable And Competent To Perform Their Duties. Key Staff Members Possess Exceptional Qualifications, Competence, Education, And Training Relevant To Their Roles, Demonstrating A High Level Of Expertise And Experience. Good (80%): The Personnel Assigned To The Project, Including Key Staff, Are Suitable And Competent To Perform Their Duties Effectively. Key Staff Members Possess Relevant Qualifications, Competence, Education, And Training, Demonstrating Solid Expertise And Experience. Acceptable (70%): The Personnel Assigned To The Project, Including Key Staff, Meet The Basic Requirements For Suitability And Competence In Performing Their Duties. Key Staff Members Possess General Qualifications And Competence, Education, And Training Relevant To Their Roles, Meeting The Minimum Expectations. Some Reservations (50%): The Personnel Assigned To The Project, Including Key Staff, Demonstrate Some Suitability And Competence In Performing Their Duties, But Notable Deficiencies Are Present. Key Staff Members May Lack Certain Qualifications, Competence, Education, Or Training, Raising Concerns About Their Ability To Effectively Fulfill Their Roles. Serious Reservations (20%): The Personnel Assigned To The Project, Including Key Staff, Exhibit Significant Deficiencies In Suitability And Competence To Perform Their Duties. Key Staff Members Lack Essential Qualifications, Competence, Education, Or Training, Indicating A Lack Of Expertise Or Experience Relevant To Their Roles. Unacceptable (0%): The Personnel Assigned To The Project, Including Key Staff, Are Unsuitable And Incompetent To Perform Their Duties Effectively. Key Staff Members Lack The Necessary Qualifications, Competence, Education, And Training, Demonstrating A Fundamental Mismatch With The Requirements Of Their Roles. 8.2 Determination Of The Merit Point Score The Aggregate Of The Scores In Each Criterion Must Be 70% Or More To Pass Using The Following Formula In Equation. Description Weight (w) Rating (r) Criteria 1 35% (smax/sact) Criteria 2 40% Sact Criteria 3 25% Sact Smax = Η (100) Sact = R1 +r2 +r3 + . . .(rη) Where Η = Number Of Sub Criteria R = Rating Given To The Criteria/sub Criteria The Actual Score (sact) For Each Of The Criteria/sub Criteria Is Obtained By Adding All The Given Rating. (smax) Is The Summation Of Maximum Score Per Criteria 8.3 Passing Rate The Specific Passing Rate Value Depends On The Specific Context Of The Project, The Priorities Of The Design And Build Committee, And The Complexity Of The Requirements Outlined In Ra 10575. Based On The Provided Criteria And Descriptions, The Passing Rate For The Merit Point Criteria (mpc) Could Be Set At 75%. This Means That Bidders Must Score At Least 75% Or Higher In The Evaluation Process To Be Considered As Meeting The Minimum Requirements For The Project A. Pass Rate Per Criteria Will Be Determined Using The Formula: Score = W1*r1 + W2*r2 + W3*r3 B. A Bid Or Technical Bid That Failed In Any Of The Criteria’s Will Not Be Considered For Further Evaluation C. Score Above 75% Will Be Considered As Technically Responsive. Aggregate Score Of Less Than 75% Will Be Considered Failed, And May Be Rejected On That Basis. Second-step Procedure: Only Those Bids That Passed The Above Criteria Shall Be Subjected To The Second Step Of Evaluation. The Bac Shall Open The Financial Proposal Of Each “passed” Bidder And Shall Evaluate It Using Non-discretionary Criteria – Including Arithmetical Corrections For Computational Errors – As Stated In The Bidding Documents, And Thus Determine The Correct Total Calculated Prices. The Bac Shall Automatically Disqualify Any Total Calculated Bid Price Which Exceeds The Abc 9. Data To Be Provided By The Bucor These Data Are For Reference Only And Does Not Guarantee The Contractor That The Data Provided Are Correct, Free From Error, And Applicable To The Project At Hand. The Contractor Is Responsible For The Accuracy Or Applicability Of Any Data That He Will Use In His Design– Build Proposal And Services. Sample Data For Buildings: A. Conceptual Plans 10. Documents To Be Provided By The Contractor During Contract Implementation A. Detailed Architectural And Engineering Plans B. Design Analysis C. Survey Data D. Quantity Calculation E. Detailed Geotechnical Investigation Report F. Design Report. G. As-built Plans, (printed Including Cad Files And Bim Files (lod 500) H. Other Relevant Documents 11. Design And Build Period The Winning Bidder Shall Commence Actual Works Upon The Issuance By The Bucor Of The Notice To Proceed (ntp). The Winning Bidder Shall Complete The Daed And Submit Within The Ninety (60) Calendar Days (cds) Period To The Bucor For Review And Approval. The Contractor Shall Complete The Construction Of The Building Within 305 Cds For The Total Contract Duration Of 365 Cd. Conforme: Name Of Company In Print Signature Over Printed Name Of Authorized Representative/date Section Vii. Drawings The Conceptual Drawings Should Be Attached To This Section Or Annexed In A Separate Folder As Part Of The First Envelope (technical Component Envelope). Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: At Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section Section Viii. Bill Of Quantities The Bill Of Quantities Should Be Attached To This Section As Part Of The Second Envelope (financial Component Envelope). Section Ix. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid With Their Complete Qualification And Experience Data And Photocopy Of Their Valid Licenses Issued By The Professional Regulatory Commission (prc) And Curriculum Vitae Of Key Staff, Partners Or Principal Officers With A Minimum Work Experience Requirements Set In The Bds; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate Or Board Resolution/partnership Resolution In Case Of A Corporation, Partnership, Or Cooperative; Or Original Notarized Special Power Of Attorney In Case Of Sole Proprietorship Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. And ⬜ (h) Conformity With The Technical Specifications (scope Of Work); And ⬜ (i) Preliminary Conceptual Architectural Design Plans In Accordance With The Degree Of Details Specified By The Procuring Entity: (at Suitable Scale On High Quality A3 Blue Print Paper /digital Print Minimum Size) 1. Location Plan/vicinity Map 2. Perspective 3. Floor Plans 4. Front View Elevation 5. Rear View Elevation 6. Left Side View Elevation 7. Right Side View Elevation 8. Longitudinal Section 9. Transverse Section ⬜ (j) Design And Construction Method And ⬜ (k) Value Engineering Analysis Of The Design And Construction Method. And Financial Documents ⬜ (l) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc. And Class “b” Documents ⬜ (m) Jv Bidders Shall Submit A Jva In Accordance With R.a. 4566 And Its Irr. Each Partner Of The Joint Venture Shall Submit Their Respective Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements. Ii. Financial Component Envelope ⬜ (n) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (o) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (p) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ (q) Cash Flow And Payment Schedule. Bidding Form Company Letterhead Statement Of Ongoing Government & Private Contracts Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Date Of Completion Or Estimated Completion Time Value Of Outstanding Works Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Six (6) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Fifty Percent (50%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Nature Of Work Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation Total Contract Value At Award Amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa’s Consumer Price Index, If Necessary Date Of Completion Or Estimated Completion Time Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: Bureau Of Corrections I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. ______________________________________________________ [insert Name Of Bidder’s Authorized Representative] _____________________________ [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ Issued On ______________ At ___________________________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued Doc. No. _____ Page No. _____ Book No. _____ Series Of ____ Company Letterhead Omnibus Sworn Statement Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) _________________________________________________________________________ Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) Of The Bureau Of Corrections, As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) Of The Bureau Of Corrections, As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase). 9. [name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ____________ And Issued On ____________________ At _____________________. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Certificate Of Net Financial Contracting Capacity Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) (please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _____________________ (p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _________________day Of ________________, 2024 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position _______________ Date Company Letterhead Bid Form Date: Ib No: To Bids And Awards Committee Bureau Of Corrections Nbp Reservation Muntinlupa City We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) At Sablayan Prison And Penal Farm (sppf) (b) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered Below Is: ________________________________________₱_________________; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (c) Our Bid Shall Be Valid For A Period Of 120 Calendar Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (d) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of 30% Percent Of The Contract Price For The Due Performance Of The Contract; (e) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries; (f) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (g) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (h) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (i) We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. (j) We Likewise Certify/confirm That The Undersigned, Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For The Design And Build Of Bureau Of Corrections Supermaximum Prison Facility (2nd Phase) Of The Bureau Of Corrections. (k) We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Various Supplies & Materials For Dole Integrated Livelihood Program And Sustainable Industry Project 1. The Local Government Unit Of Irosin, Through The Trust Fund(dole) Intends To Apply The Sum Of Three Million Four Hundred Twenty Six Thousand One Hundred Thirty Six Pesos (p 3,426,136.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project, Good-01-2025. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Various Supplies & Materials For Dole Integrated Livelihood Program And Sustainable Industry Project Brief Description: 4 Pcs Barber Brush: 23.3cmx7cm, Soft Fiber Material And Wooden Handle/4 Pcs Hair Clipper: Electric, 110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time,4pcs Comb Guide 3/6/10/13mm,body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/4 Pcs Paddle Brush:body Material: Wood, Dimensions: (lxwxh) 25x8x3cm, Brown/8pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires, With Light And Perfume Button/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires,with Light And Perfume Button/4pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm,length: 20.9"/52cm,width: 14"/36cm,4 Drawers, Blower Holder/4pcs Talcum Powder: 200g, Hypo-allergenic, Dermatologist Tested/4 Pcs Cordless Clipper: Body Material: Aluminum,motor: Rotary,power/source Battery: Lithium-ion Battery (90+ Minutes Of Runtime), Blades: Titanium Blades, 3 Guide Combs Plastic Material (#1/2, #1, And #1½),cutting Lengths: 0.4-25mm,inclusions: A Blade Guard, 1 Recharging Transformer (charger), 1 Cleaning Brush, With Lubricating Oil Of At Least 5 Ml And English User Manual,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),weight: Maximum Of 400g, Input: Can Be Used For 110-240 Voltage/4pcs Hair Trimmer: Running Time 120 Minutes Battery Powered, Rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless,accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger) And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/4pcs Electric Shaver: With 3d Floating Cutter Head, 40mins. Running Time For 8hrs Fully Charged, Material: Stainless Steel,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),automatic Voltage 100-240v,battery: 2 Cell Nickel-metal Hydride Cylindrical Battery Pack, 4000mah,power Type: Rechargeable/4pcs Hair Shear: Material: Stainless Steel,1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6",accesories: Scissors Oil Atleast 5ml/4 Pcs Razor Blades: 10pcs/box (double Edge Stainless)/4 Pcs Shaving Razor/labaha: Dimensions: Approximately 5-6" (l) X 3/4-1" (w), Material: Carbon Steel, Color: Black/ 4 Pcs Barber Skin Fade Brush: Handle: Wood, With Soft Bristles 1" (l),dimensions: Atleast 5.5" (l) X 1" (w)/4pcs Comb Set: (4pcs/set), Material: High Quality Plastic, Inclusions: #1-approx. Size: 4.88" (l) X 1.02" (w), #2-approx. Size: 7.09" (l) X 1.46" (w), #3-approx. Size: 7.87" (l) X 1.18" (w), #4-6.10" (l) X 0.20" (w)/4pcs Shaving Gel: (foam), 195g/4pcs Barber's Cape: Color: Black,about 140cm (l) X 110cm (w), Cloth: Polyester/4pcs 360 Degree Swivel Barber Chair: Classic Back Seat With Chrome Steel Base, Premium Steel Frame And High Class Foot Pump, Heavy Duty Leather Cover; Lower Height - At Least 51cm, Top Height - At Least 61cm, Sandles Height - At Least 40cm/8pcs Barber Apron: With Two Pockets, Waterproof, Material: Cotton And Acrylic, Item Size: Approx. 38-38.19" (l) X 27-27.36" (w)/ 4pcs Pomade: 80g, Water-based/26pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g, Triangle-shaped/26pcs Meter Tape With Magnetic Hook: Blade Material, Nylon Coated Blade,dimensions: 16ft (l) X 25mm (w)/26pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree,44mm, 90 Degree: 65mm,maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg,item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/26pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/26pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/26 Pcs Portable Hand Drill: Power Sourced: Battery Powered - 2pc 21 Volt 1500mah Lithium-ion Batteries, Maximum Rotational Speed: 1500 Rpm, Voltage: 210v,amperage: 1.5 Amps, Chuck Size: 0.38",bit Heads Diameters: From 0.8mm-10mm,product Dimensions: ‎9.6" (l) X 2.1" (w) X 7.5" (h), Material: ‎plastic, Rubber, Metal, Item Dimensions: Approx. ‎9.6" (l) X 2.1" (w) X 7.5" (h),item Weight: Atleast ‎2.5 Pounds,item Torque: 330 Inch Pounds; Inclusions: 1x21 Volt Inspiritech Cordless Power Drill, 2x Rechargeable Battery, 1x English User Manual, 10x Self-drilling Drywall Anchors,10x Screwdriver Bits, 2x Double Ended Bits, 3x Drilling Bits, 1x Magnetic Extension Socket Bit Holder, 10x Anchors With Screws,1x One-hour Fast Charger, 1x Flexible Extension Shaft, 1x Carrying Bag/26pcs Wood Planer: Rated Voltage: 220v, Rated Input Power: 600w, Cutting Width: 82mm, Load Speed: 15,000rpm, Frequency: 60hz, Weight: 3kg./26 Pcs Framing Hammer: Handle Material: Alloy Steel, Item Dimensions: Approximately 16-17" (l) X 5.75-6" (w) X 1.5-2" (h), Item Weight: Atleast 1.4 Pounds/26 Pcs Trim Hammer: Handle Material: Wood, Head Material: Alloy Steel; Item Dimensions Approximately: 14-15" (l) X 5-6"(w) X 1-2" (h),item Weight: Atleast 594 Grams/26pcs Roofing Hammer: Item Weight: ‎1.25 Pounds, Product Dimensions: Approx. 13.7" (l) X 6.75" (w) X 1.5" (h)/26 Pcs Chalk Line: Item Weight: 10.6 Ounces, Product Dimensions: ‎approx. 1200" (l) X 4.72" (w) X 5.91" (h) Inches, Color: ‎blue, Material Type: Alloy Steel, Rubber/26 Pcs Utility Knife: Handle Material: Aluminum, Material: Aluminum Alloy, Weight: 120g/pcs, Blade Size: 19mm (w) X 61mm (h) X 0.6mm (t),blade Material: Steel, Thickness: Atleast 0.6mm/26 Pcs Tin Snips: Item Weight: ‎atleast 1 Pound, Package Dimensions: Approx. 12.36" (l) X 3.7" (w) X 1.3" (h),size: ‎long Straight, 12 Inches Long, Blade Length: 3.20",material: Steel, Cutting Thickness Range Up To 1.2mm Carbon Steel And 0.7mm/26 Pcs Framing Square: Shorter Leg Measures At 8 Inch Outside And 6.5 Inch Inside, Longer Leg Measures At 12 Inch Outside And 11 Inch Inside,material: Carbon Steel/26 Pcs Level: Box Beam Style, Material: Aluminum,dimension: Approximately 24-24.5" (l) X 2-2.6" (w) X 1.2-1.5" (h), Weight: Atleast 0.8 Pounds/26 Pcs Electric Planer: Voltage: 220-240v,input Power: 1050w, No Load Speed: 1600rpm, Planing Width And Depth,82x3mm,heavy Duty Aluminum Base/1 Pc Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/1 Pc Air Compressor Machine: Motor Power: 1hp, Size: Approx. 935x385x800mm,voltage: 220-240v, 60hz, Speed: 3400 Rpm, Tank Capacity: 24l , Operating Pressure: Max 8 Bar, Air Displacement: 93l/min, Pump Lubricated With Oil/1 Pc Blue Painters Tape, Color: Blue, Size: Atleast 1.41" X 20m,thickness: 0.13mm, Item Weight: 1.92 Pounds, Material: Paper/2pcs Electric Spray Gun: Voltage: 220-240v~50/60hz,spraying Pressure: 0.1-0.2 Bar, Max Flow: 850ml/min, Max Viscosity: 50din-s, Container Capacity: Atleast 800ml,power Cord Length: 2m, Rated Power 500w, Spraying Pressure: Atleast 0.1-0.2bar, Item Dimensions: Approximately 13" (l) X 5" (w) X 11" (h)/1 Pc Extension Pole, (3 Stage Extender) Reach: 1.5-to-3ft,weight: Maximum Of 0.5 Pounds, Max. Standing Reach: 10ft, Material : Aluminum/2 Pcs Paint Brush Set, 5 Pcs/set, Material: Synthetic Bristle, Wood Handle, Overall Length: Atleast 11", Bristles Length: Atleast 3", Brush Width: 1", 1-1/2" 2", 2-2.5", 3"and 4"/ 5 Pcs Paint Roller, Material: Plastic,package Dimensions: Approximately 15.16" (l) X 11.22" (w) X 3.15" (h),item Weight: Atleast 1.06 Pounds, Inclusion: Roller, Atleast 7" In Length, Material: Polyester/2 Pcs Painters Gloves, 12 Pcs/pack, Material: Cotton, Color: Red/1 Pc Putty Knife/paint Scraper Set (4pcs), Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/1 Pc Steel Float/plastering Trowel: Thickness: Atleast 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Material: High Carbon Steel With Wood Handle/2 Pcs Lpg Tank With Gas Regulator And Accessories, Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pcs Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)/2 Pcs Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/2 Pcs Baking Sheet: Aluminum, 12x16 Inches/2 Pcs Digital Kitchen Scale: Accurate Measurement; Weigh Up To 5 Kg / 11 Lb Precisely In 1 G / 0.05 Oz Increments, Quality Material: Measure Food, Small Items, And Liquids With Confidence On The 304 Food-grade, Stainless Steel Platform, Approx. Dimension 7.3-7.5" (l) X 5.7-5.90" (w) X 0.6-08" (h), 2 X 1.5v Aaa Batteries/2 Pcs Measuring Cup (for Liquid Ingredients): 1 Measuring Cup With Red Graphics, Made Of Non-porous Glass That Won't Warp, Stain, Or Absorb Odors, Glass Is Preheated Oven, Microwave, Fridge, Freezer & Dishwasher Safe, Dimension: Approx. 7.13" (l) X 6.75" (w) X 4.38" (h), Measuring Capacity: 500ml/2 Pcs Measuring Cups (for Dry Ingredients): Material: Stainless Steel, 5 Pieces Per Set (1 Cup, 1/2 Cup, 1/3 Cup, 1/4 Cup, 1/8 Cup)/2 Pcs Measuring Spoons (set): 7pcs Stainless Measuring Spoon Kit, The Kit Includes: 1/8 Tsp (0.63ml), 1/4 Tsp (1.25ml), 1/2 Tsp (2.5ml), 3/4 Tsp (3.75ml), 1 Tsp (5ml), 1/2 Tbsp (7.5ml), 1 Tbsp (15ml)/2 Pcs Mixing Bowl: Medium, Approx. Diameter: 28cm, Height:11.2cm, Material: Stainless; Capacity: At Least 4l/2 Pcs Standmixer: 2-in-1 360 Automatic Rotating Bowl Electric Stand & Hand Mixer, 4.5l W/ 5-speed Turbo Function,color: Black/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Pc Caldero: Aluminum, #2, Diameter Height 28cmx16cm With Double Handle/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/1 Pc Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)1 Pc Food Glass Display (estante): 3 Layers; 20(h)x18(w)x36(l)", Aluminum Base, Glass With Screen Door/1 Pc Casserole With Double Handle: Material: Aluminum, Size: 26cm Dimension: 36(l) X 28.5(w) X 21(h)cm/2 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/1 Pc Chopping Board: Material: Polypropylene/1 Pc Chopping Knife: 10” Stainless,wood Handle/1 Pc Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in; Color: Beige2 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Beach Umbrella: 90" Diameter X 8 Ft. Height, 8 Rib Round Metal Pole, Polyester Multi-coloured Umbrella Canopy/2 Pcs Cooler Container: Chest Insulated Cooler, Materials: Polystyrene, Sizes And Capacities: 30 Liters - 45.5cm(l) X 39cm(w) X 31cm(h),color: Blue Or Red/1 Pc Grill/ Ihawan With Stand,material Of Body And Stand: Stainless , 24x12x33inches (lxwxh), Depth: 5inches/2 Pcs Bicycle With Sidecar: Bicycle Specifications: Bmx Type Bike (frame 1//2 Gi Hd, Rim Set Front X 10 G Wide Jap Hub, Rim Set Rear X 10g Wide Jap Hub, Tire 20 X 2.125 Jumbo, Tube 20 X 2.125, Handle Bar Painted Black, Fork Ex-900 Landing Gear Cp, Head Parts Nikyo/whw, H-post Bmx Ord.m, H-grip Ord. Opc Parts Neco Bearing Type, Opc Plate 36t, Chain Cp Bmx, Freewheel 24t, Pedal Opc Bearing Type, Seat Clamp/s-pin/ S-post P, Saddle With Spring, Footbreak With Spring "full Size" Frame, 175-180mm Cranks Side Car With Umbrella Holder And 2 Chest Coolers Carrier (52l Capacity) - Dimensions: ‎25.8" (l) X 16.2" (w) X 15.7" (h) Materials: 1/2 J1 Pipe 540, 316 X 1 Flat Square Bar, J1 Pipe De Una 520, 1/4 X 2 Flat Bar, 6203 Gi Set, Tire 20 X 2.125 Jumbo/2 Pcs Weighing Scale: 10kg Capacity, Colored Body / Stainless Pan, Graduation: 50g, Powder Coated Body, Pan Size: 255mm Ø X 55mm Deep, Dial Face: 185mm Ø, 4 Units/master Carton/4 Pcs Plastic Fruit Crate 21 X 15 X 12 Inches/1 Pc Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/1 Pc 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/1 Pc Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w); Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/1 Pc Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/1 Pc 7pcs Face Brush Set, Inclusion: Powder Brush, Size: 17cm, Bristle Length: 3.2cm, Ferrule Width:1.9cm, Powder Buffer Brush, Size: 19cm, Bristle Length: 5cm, Ferrule Width: 2.1cm,foundation Brush, Size: 17cm, Bristle Length: 3.3cm, Ferrule Width: 2.2cm, Flat Foundation Brush, Size: 17cm,bristle Length: 3.2cm; Ferrule Width:1.2cm, Highlight Brush, Size: 16.5cm,bristle Length: 2.7cm, Ferrule Width: 2.3cm,angle Cheek Brush, Size: 17cm, Bristle Length: 3.1-2.3cm,ferrule Width: 2.4cm, Highlighting Fan Brush, Size: 16.5cm, Bristle Length: 4cm, Ferrule Width: 2.5cm, With Brush Bag/1 Pc Eyelash Curler: Material: Carbon Steel, Size: Approx. 5.91 X 3.94 X 1.97"/1 Pc Eyebrow Razor: Handle Material: Plastic, Size: Approx. 6.8(l) X 2(w) X 0.1"(h), 6pcs/pack/1 Pc Makeup Sponge Set Blender: Material: Sponge, Size: Approx. 4.02 (l) X 3.94(w) X 2.52"(h), 4pcs/set/1 Pc False Eyelashes, Product Dimensions: ‎ Approx. 0.75(l) X 3.88(w) X 5.38"(h), 5pairs/pack/1 Pc Eye Shadow Pallete: 12 Curated Peach-inspired Shades, Finish Type: Metallic, Matte, Product Dimension: Approx. 0.08 (l) X 0.04 (w) X 0.06" (h)/1 Pc Contour Palette: Multi-colored, Finish Type: Matte, Package Dimension: Approx. 5.75 (l) X 4.25 (w) X 0.5" (h)/1 Pc Hypercurl Waterproof Mascara Make Up Set: Product Dimensions: Approx. ‎0.85 (l) X 2.75 (w) X 5.63" (h), Color: Black/1 Pc Waterproof Matte Gel Eyeliner Pencil: Item Form: Pencil, Powder, Creamy, Finish Type: Matte, Product Dimensions: About‎ 5.77 X 1.97 X 0.81", Color: Black/1 Pc Eyebrow Gel, Waterproof: Weight: About 0.16 Oz, Product Dimension: Approx. 0.75 (l) X 1.9 (w) X 5.65 (h) Inches, Color Black, Brown/1 Pc Blush On, 3 Complimentary Skin-flushed Shades, Product Dimensions: Approx. 2.89 (l) X 0.43 (w) X 2.33" (h)/1 Pc Powder Blush Makeup Palette, Product Dimensions: ‎approx. 2.43 (l) X 2.43 (w) X 0.66" (h)/1 Pc Eye Shadow Palette; 12 Curated Peach-inspired Shades, Finished Type:metallic,matte, Product Dimensions:approx 0.08(l)x0.04(w) X0.06”(h)/ 1 Pc Applicator Brush And Plastic Comb: 13cm Black, Double-sided Comb, Pointed Handle For Sectioning Hair/1 Pc Hair Clipper: Electric; 110v-240v, 50-60hz,all Metal Machine, Led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g, With Complete Accessories - Fiber Comb: Cleaning Brush, Lubricant, Charger/1 Pc Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/1 Pc Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/1 Pc Curling Iron: 220v Power, 4gen; White, 32x25x13mm, Energy Efficient-48w,360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/1 Pc Apron: Length: 76cm, Width: 59cm, Color: Black, Material: Nylon, Waterproof/1 Pc Curling Rod: Small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits,multi-color/1 Pc Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Spray Net: 600ml, 27.5cm, Hard Hold/1 Pc Hair Spray Aerosol Extra Hold: Weight: About 7ounces /198g, Scented, Package Dimensions: ‎7.83 X 6.69 X 2.17"/1 Pc Hair Trimmer: Running Time 120 Minutes Battery Powered,rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless; Accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger), And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/3 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v,body Material: Plastic/3 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free; Hanger Design, Ptc Heater - Instant Heat-up/3 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w),curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w),package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/3 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5",color: Black (12pcs)/3 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx.‎ 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/3 Pcs Cutting Scissors: 6" Stainless Steel, 65g/3 Pcs Thinning Scissors: 17.5x5cm Stainless Steel/3 Pcs Drip Pan: 32cmx35cm Plastic, Black/3 Pcs Hair Clipper: Electric,110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm, Low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/3 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h),inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/3 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/3 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Saphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/3 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/3 Pcs Astringent Foot Soaker: 128oz/3 Pcs Cooling Foot Soak: Product Dimensions: ‎approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/3 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately‎ 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/3 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/3 Pcs Foot Scrub/3 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/3 Pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/3 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/3 Pcs Apron: Length: 76cm, Width: 59cm,color: Black,material: Nylon, Waterproof/3 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer,500ml/3 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/3 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/3 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/3 Pcs Hair Cellophane: 500ml, Natural, Brown,burgundy And Ash Blonde Variant/3 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/3 Pcs Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/3 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/3 Pcs Hair Bleaching Powder: 500g/3 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/24 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦,swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/24 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/24 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/24 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx.‎ 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/24 Pcs Drip Pan: 32cmx35cm Plastic, Black/24 Pcs Shower Caps: 32cm, Thick Plastic, Elastic, Washable/24 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/24 Pcs Curling Iron: 220v Power, 4gen, White, 32x25x13mm, Energy Efficient-48w, 360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/24 Pcs Hair Steamer: With 4 Wheels, 360degrees Movable, Gray Color, Adjustable Height With Timer And Control/120 Pcs Cape: 140x110cm, Satin, Nylon, Waterproof, Black/72 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber, Dark Colors/24 Pcs Curling Rod:small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/120 Pcs Ear Caps: (l X W X T): 8cm X 4.5cm X 2.1cm/3.15" X 1.77" X 0.83", Black,plastic/24 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/24 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/24 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/24 Pcs Hair Cellophane: 500ml, Natural, Brown, Burgundy And Ash Blonde Variant/24 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/24 Pc Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/24 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/24 Pcs Hair Bleaching Powder: 500g/24 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Shear: Material: Stainless Steel, 1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6", Accesories: Scissors Oil Atleast 5ml/34 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/34 Pcs Crow Bar: At Least 36" Long,length Tolerance: +- 1/8, Material: Forged Steel Carbon/34 Pcs Claw Hammer: Round Head, Head Weight: At Least 16oz, Overall Weight: Approximately 17oz-23oz, Head Material: Forged Steel, Handle Material: Fiberglass Handle With Rubber Cushion, Overall Length: Approximately 12-14"/34 Pcs Hacksaw With Blade: Material: Aluminum Alloy Frame With Soft-grip Handle, At Least 12"-15" Long Including Handle, With Soft-grip Rubber Handle, Bi-metal, Blade Length: About 30cm, Width: 3cm/34 Pcs Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/34 Pcs Handsaw: Blade Length: About 15",blade Material: Carbon Steel, Handle Length: 5", Handle Material: Plastic/rubber, Color: Gray,8 Teeth Per Inch/34 Pcs Shovel: Round End, Tempered Steel Blade: 17-23 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm, Capacity: 350-400 Lbs/34 Pcs Shovel: Rectangular End, Tempered Steel Blade: 22-26 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm/34 Pcs Level Bar: Aluminum Frame, Length: At Least 24"/60cm, Aluminum Thickness: 1.5mm, Double Side Milles, 0.5mm/m Accurate Vials/34 Pcs Steel Float/plastering Trowel: Thickness: At Least 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Mmaterial: High Carbon Steel With Wood Handle/34 Pcs Steel Square: Carpenter's Framing Square, Blade Width: 2" Scale: At Least 16" (l) X 24" (w), Material: Steel/34 Pcs Masonry Trowel: Length: At Least 12"long, Width: 6", Material: Flat Steel, With Wood Handle/34 Pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree: 44mm, 90 Degree: 65mm, Maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg, Item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/34 Pcs Masonry Square/metric Square: Material: Aluminum, Length: Approx. 24", Width: 16", 1/8 '' Thickness/34 Pcs Mason's Level: At Least 48'' Long, Aluminum Reinforced Frame, 60cm Only/34 Pcs Sledgehammer: Weight: At Least 3 Lbs With Fiberglass Handle, Forged Steel Round Head, Length: Approximately 25-27"/34 Pcs Concrete Chisel: Pointed Sharp End, Material: Forged Steel Chisel, With Rubberized Handle, Length: Approximately 10''/34 Pcs Putty Knife/paint Scraper Set (4pcs): Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/34 Pcs Mason's Line: #18 Braided Nylon, 500 Ft/roll, Color Orange/34 Pcs Hammer Drill: Electric, 1980w 220v, Rated Frequency: 50/60hz, Load Speed: 0-3800rpm (revolutions Per Minute), Chuck: 13mm With Ergonomic Anti-slip Handle/34 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4",rated Voltage: 220v, Frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/34 Pcs Wooden Float: Size: At Least 12x4", Has 5/8" Thick Rubber Pad, With Wooden Handle/4 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h), Inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/4 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/4 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Sapphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/4 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/2 Pcs Astringent Foot Soaker: 128oz/2 Pcs Cooling Foot Soak: Product Dimensions: ‎approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/2 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately‎ 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/4 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/2 Pcs Foot Scrub/2 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/6 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber,dark Colors/2 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer, 500ml/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in, Color: Beige/1 Pc Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Peanut Grinding Machine: Electric, 220v, 300w, 50-60hz,material: High Quality Stainless Steel Body And Base, Color: Black, Dimension: Approx. Length: 43.5cm, Width: 23cm, Height: 13.5cm/1 Pc Hand Cobbler Shoe Repair Machine Dual Cotton Nylon Line Sewing Machine Manual Leather Machine Shoe Sewing Machine Color Silver: Product Dimensions 14.4"d X 20.5"w X 5.5"h, Material: Cast Iron Item Weight: 22 Pounds, Power Source: Crank/5 Pcs Wooden Handle Shoes Repairing Awl Shoe Sewing Tool Diy Craft Repair Hand Straight Hook Shoes Sewing Awl Type: Shoes Sewing Awl Material: Wood+metal, Features: Shoes Sewing Awl, Repair Hand , Crochet Needle Tool Dimension: 1: App.2x13.5x6cm/0.79x5.31x2.36in 2: App.2x13x5.5cm/0.79x5.12x2.17in 3: App.2x13x5.5cm/0.79x5.12x2.17in, Color: Wood Color + Silver/5 Pcs Upholstery Stitching Thread Black 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread Brown 100 Mtr 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread White 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/2 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/2 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h)/2 Pcs Chipping Hammer: Item Weight: ‎at Least 13.8 Ounces, Product Dimensions: ‎11" (l) X 1" (w) X 7.5" (h), Material: Genuine Leather Grip And Forged Steel/2 Pcs Heavy Duty Corded Drill: Rated Input Power: 750w, Chuck Capacity: Up To 13mm, Drill Capacity: Metal (16mm), Wood (25mm), Masonry (12mm), Dimension: 268mm (l) X 69mm (w) X 192mm (h), Weight W/out Cable: Approximately 1.6-1.8 Kg, Spindle Collar Diameter Of 43 Mm/2 Pcs Metal Drill Bit Set: Material: High Speed Steel, 19pcs Per Set(1mm,1.5mm,2mm,2.5mm,3mm,3.5mm,4mm,4.5mm,5mm,5.5mm,6mm,6.5mm,7mm,7.5mm,8mm,8.5mm,9mm,9.5mm,10mm), Point Angle: 118degree C, Standards: Din 338, Bit Geometry: Standard Twist Bit/2 Pcs Mig Welding Pliers: Overall Length: Atleast 210mm, Material: High Carbon Steel, Handle Material: Thermoplastic Rubber/2 Pcs Needle File Set: (6 Pieces Hand Metal Files, Hardened Alloy, Strength Steel Set Includes Flat, Flat Warding, Square, Triangular, Round, And Half-round File), Color Black, Metal Type: Carbon Steel, Handle Material: Wood, Alloy Steel, Item Dimensions: Approximately 6.1" (l) X 3" (w) X 0.5" (h)/2 Pcs Portable Welding Machine: Input Voltage: 220-240, Frequency: 50-60hz, Output Current: 10-220a, Led Display, No-load Voltage: 85v, Max. Output Current: 220a, Diameter Of Electrode: 1.6-3.2mm, Inclusions: 1 Pc Electrode Holder, 1 Pc Earth Clamp With Cable/2 Pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g,triangle-shaped/2 Pcs Welding Helmet: Auto Darkening Helmet: Power Supply: Battery And Solar Powered, Light Shade: Din9-1, Dark Shade: Din4, Switching Time: 1/25000s, Delay Time: 0.1-0.8s, Sensitivity Adjustment: Stepless Control, Operation Temperature: -5 Degrees- 55 Degrees, Active Viewing Area: 93mmx43mm, Active Viewing Area Size: (+/- 10mm), Item Weight: At Least 1.85 Pounds, Package Dimensions: ‎approximately 12-12.4" (l) X 9-9.61" (w) X 7-7.68" (h)/2 Pcs Welding Magnets: 6 Pcs/set, Overall Length: At Least (3"), Hold Capacity: Up To 25lbs, Arrow Design Supports Angle: 45°, 90°, And 135°, Item Weight: 295g, Package Dimensions: ‎4.88 X 4.72 X 3.98 Inches, ‎material: Steel, Magnets Size: Approximately - Top (1-1.4cm), Bottom (6.5-7cm), Side (7-7.5cm) Thickness (1-1.3cm)/2 Pcs Welding Suit: 100% Cotton With Pyrovatex, 2 Back Pockets And Rule Pocket With Safety Gusset Feature, High Quality And Long Lasting, Two Way Zipper, Approximate Cloth Size: Large/10 Pcs Camping Dome Tent: Product Dimensions: 82.7"l X 55"w X 43.5"h, Item Weight: 4 Pounds Shape: D Shape Occupancy: 2 Person Included Components: Carry Bag, Stakes, Rainfly Water Resistance Technology 1000 Millimeters, Special Feature: Windproof, Sun Protection/outdoor Mat (banig):size (48" X 75") Material: Palm Leaves (buri)/10 Pcs Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/2 Unit Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Unit Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/5 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pc S Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/5 Pcs Wok Ladle: Material: Stainless Steel With Wooden Handle: Total Length Of Item: 24 Inches/5 Pcs Wok Spatula: Material: Stainless Steel With Wooden Handle, Total Length Of Item:24 Inches/5 Pcs Stainless Steel Long Wooden Handle Skimmer Strainer: Material: Stainless Steel, Size: 32.3*11.5cm/5 Pcs Casserole With Double Handle: Material: Aluminum, Size: 26cm, Dimension: 36(l) X 28.5(w) X 21(h)cm/5 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/5 Pcs Chopping Board: Material: Polypropylene Plastic: 8"(w) X 10"(l), 1cm (thickness)/5 Pcs Chopping Knife: 10" Stainless; Wood Handle/5 Pcs Grill/ Ihawan With Stand, Material Of Body And Stand: Stainless, 24x12x33inches (lxwxh), Depth: 5inches/1 Unit Heavy Duty Commercial Micromatic Big 7.8l Mrc-50 Rice Cooker 45cups (white)/10 Dz Melamine Round Dinner Plate: 9" Diameter, Color; White/10dz Platito (saucer): Material: Melamine Plastic, Standard Size: 6 Inch (diameter) X ¾ Inch Height/10 Pcs Serving Tray Bamboo - Wooden Tray With Handles, Color Brown Material Wood, Product Dimensions 17"l X 11"w X 2"h/10dz Drinking Glass: 8 Oz, Glass, Product Size: Base Diameter-7cm, Top Diameter: 7cm, H-11.4cm, Heat Resistant, Dishwasher Safe/10dz Spoon: Stainless, 12pcs/per Pack, Size: 8"/10dz Fork: Stainless, 12 Pcs/per Pack, Size 8"/5dz Mangkok (round Shape Bowl), Materials: Ceramic, Size: 6inch (diameter) X 5cm (height)/5 Pcs Storage Box With Wheels For Easy Transport, Measurements: L72 X W52 X H44cm, Food Grade Material, 120l Capacity, Stackable; With Lid And Handle, Color: White/2 Pcs Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/5 Pcs Gallon Acrylic Juice Dispenser Type: Type: Water/juice Dispensers, Overall Dimensions: Height:32 1/2 Inches, Top Diameter: 6 11/16 Inches, Capacity:1.1 Gallons, Base Material: Stainless Steel, Container Material: Acrylic, Style: Single/5 Pcs Chafing Dish Food Warmer Buffet Set: Size: 1/1pan*3, Color: Silver, Material: Stainless Steel, Product Dimensions: 13.39"l X 15.35"w X 23.62"h, Capacity: 8 Quarts/5 Pcs Chest Cooler: Item Package Dimensions: ‎25.8" (l) X 16.2" (w) X 15.7" (h), Package Weight: ‎5.76kg, Inside Dimensions: 24.95" (l) X 14.58" (w) X 14.77" (h), Material: ‎plastic, Chamber Depth: 24.95", Capacity: 52l , Color: Blue Or Red/5 Pcs Matress: Size: Semi Double (48" X 75"), Thickness: 4"/15 Pcs Matress Size: Queen (60" X 75") Thickness: 4"/15 Pcs Pillow: Size: Standard (20" X 26")/10 Sets Bed Linen Set Of 3pcs, 1-bed Sheet Size (48" X 75"), 2-pillow Case (20" X 26")/2 Sets Bed Linen Set Of 3pcs: 1-bed Sheet Size (60" X 75"), 2-pillow Case (20" X 26")/6 Unit Electric Fan: Color: Black, Electric Fan Design: Floor Fan, Power Source: Corded Electric Style: 3-speed Ac Motor Fan, Product Dimensions: 15.75"d X 17.72"w X 53.15"h, Room Type: Bedroom, Special Feature: Oscillating, Adjustable Height, Adjustable Tilt,wattage: 60 Watt/4 Unit Industrial Ceiling Fan: Product Material: Cast Aluminum Casing, Product Specifications: 2000mm, Operating Voltage: 220v, Wind Speed: 5th Gear, Number Of Fan Product Color: Black, White, Product Power: 165w, Blades: 6 Blades/150 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: White/15 Pcs Solid Top Round Table: Material: Plastic, Color: White, Size(cm): 115 X 74 X 4.5, Foldable Legs,diameter: 45″, 6 To 8 Seater Capacity Approved Budget For The Contract : P 3,426,136.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Trust Fund((dole) 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) 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. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 8, 2025 Until January 30, 2025 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Thousand Pesos (p 5,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Hold A Pre-bid Conference On January 15, 2025, 9:00am At The Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon Which Shall Be Open To All Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before January 30, 2025, 8:59 Am At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On January 30, 2025, 9:00 Am At The Given Address Below Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 10. The Local Government Unit Of Irosin Reserves The Right To Accept Any And All Bids, Declare A Failure Of Bidding Or Not Award A Contract At Any Time Prior To Contract Award In Accordance With Section 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations(irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11.for Further Information, Please Refer To: Judith O. Baeza Peso Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Publication: January 8, 2025 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & Delivery Of Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project, With Project Identification Number Good-01-2025. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website. The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Various Supplies And Materials For Livelihood Program, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Trust Fund(dole) In The Amount Of 2.2. The Source Of Funding Is: Three Million Four Hundred Twenty Six Thousand One Hundred Thirty Six Pesos (p 3,426,136.00) Trust Fund(dole) 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Expandable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty Five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 15, 2025, 9:00am At The Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Supply & Delivery Of Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project Brief Description: 4 Pcs Barber Brush: 23.3cmx7cm, Soft Fiber Material And Wooden Handle/4 Pcs Hair Clipper: Electric, 110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time,4pcs Comb Guide 3/6/10/13mm,body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/4 Pcs Paddle Brush:body Material: Wood, Dimensions: (lxwxh) 25x8x3cm, Brown/8pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires, With Light And Perfume Button/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires,with Light And Perfume Button/4pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm,length: 20.9"/52cm,width: 14"/36cm,4 Drawers, Blower Holder/4pcs Talcum Powder: 200g, Hypo-allergenic, Dermatologist Tested/4 Pcs Cordless Clipper: Body Material: Aluminum,motor: Rotary,power/source Battery: Lithium-ion Battery (90+ Minutes Of Runtime), Blades: Titanium Blades, 3 Guide Combs Plastic Material (#1/2, #1, And #1½),cutting Lengths: 0.4-25mm,inclusions: A Blade Guard, 1 Recharging Transformer (charger), 1 Cleaning Brush, With Lubricating Oil Of At Least 5 Ml And English User Manual,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),weight: Maximum Of 400g, Input: Can Be Used For 110-240 Voltage/4pcs Hair Trimmer: Running Time 120 Minutes Battery Powered, Rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless,accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger) And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/4pcs Electric Shaver: With 3d Floating Cutter Head, 40mins. Running Time For 8hrs Fully Charged, Material: Stainless Steel,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),automatic Voltage 100-240v,battery: 2 Cell Nickel-metal Hydride Cylindrical Battery Pack, 4000mah,power Type: Rechargeable/4pcs Hair Shear: Material: Stainless Steel,1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6",accesories: Scissors Oil Atleast 5ml/4 Pcs Razor Blades: 10pcs/box (double Edge Stainless)/4 Pcs Shaving Razor/labaha: Dimensions: Approximately 5-6" (l) X 3/4-1" (w), Material: Carbon Steel, Color: Black/ 4 Pcs Barber Skin Fade Brush: Handle: Wood, With Soft Bristles 1" (l),dimensions: Atleast 5.5" (l) X 1" (w)/4pcs Comb Set: (4pcs/set), Material: High Quality Plastic, Inclusions: #1-approx. Size: 4.88" (l) X 1.02" (w), #2-approx. Size: 7.09" (l) X 1.46" (w), #3-approx. Size: 7.87" (l) X 1.18" (w), #4-6.10" (l) X 0.20" (w)/4pcs Shaving Gel: (foam), 195g/4pcs Barber's Cape: Color: Black,about 140cm (l) X 110cm (w), Cloth: Polyester/4pcs 360 Degree Swivel Barber Chair: Classic Back Seat With Chrome Steel Base, Premium Steel Frame And High Class Foot Pump, Heavy Duty Leather Cover; Lower Height - At Least 51cm, Top Height - At Least 61cm, Sandles Height - At Least 40cm/8pcs Barber Apron: With Two Pockets, Waterproof, Material: Cotton And Acrylic, Item Size: Approx. 38-38.19" (l) X 27-27.36" (w)/ 4pcs Pomade: 80g, Water-based/26pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g, Triangle-shaped/26pcs Meter Tape With Magnetic Hook: Blade Material, Nylon Coated Blade,dimensions: 16ft (l) X 25mm (w)/26pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree,44mm, 90 Degree: 65mm,maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg,item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/26pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/26pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/26 Pcs Portable Hand Drill: Power Sourced: Battery Powered - 2pc 21 Volt 1500mah Lithium-ion Batteries, Maximum Rotational Speed: 1500 Rpm, Voltage: 210v,amperage: 1.5 Amps, Chuck Size: 0.38",bit Heads Diameters: From 0.8mm-10mm,product Dimensions: ‎9.6" (l) X 2.1" (w) X 7.5" (h), Material: ‎plastic, Rubber, Metal, Item Dimensions: Approx. ‎9.6" (l) X 2.1" (w) X 7.5" (h),item Weight: Atleast ‎2.5 Pounds,item Torque: 330 Inch Pounds; Inclusions: 1x21 Volt Inspiritech Cordless Power Drill, 2x Rechargeable Battery, 1x English User Manual, 10x Self-drilling Drywall Anchors,10x Screwdriver Bits, 2x Double Ended Bits, 3x Drilling Bits, 1x Magnetic Extension Socket Bit Holder, 10x Anchors With Screws,1x One-hour Fast Charger, 1x Flexible Extension Shaft, 1x Carrying Bag/26pcs Wood Planer: Rated Voltage: 220v, Rated Input Power: 600w, Cutting Width: 82mm, Load Speed: 15,000rpm, Frequency: 60hz, Weight: 3kg./26 Pcs Framing Hammer: Handle Material: Alloy Steel, Item Dimensions: Approximately 16-17" (l) X 5.75-6" (w) X 1.5-2" (h), Item Weight: Atleast 1.4 Pounds/26 Pcs Trim Hammer: Handle Material: Wood, Head Material: Alloy Steel; Item Dimensions Approximately: 14-15" (l) X 5-6"(w) X 1-2" (h),item Weight: Atleast 594 Grams/26pcs Roofing Hammer: Item Weight: ‎1.25 Pounds, Product Dimensions: Approx. 13.7" (l) X 6.75" (w) X 1.5" (h)/26 Pcs Chalk Line: Item Weight: 10.6 Ounces, Product Dimensions: ‎approx. 1200" (l) X 4.72" (w) X 5.91" (h) Inches, Color: ‎blue, Material Type: Alloy Steel, Rubber/26 Pcs Utility Knife: Handle Material: Aluminum, Material: Aluminum Alloy, Weight: 120g/pcs, Blade Size: 19mm (w) X 61mm (h) X 0.6mm (t),blade Material: Steel, Thickness: Atleast 0.6mm/26 Pcs Tin Snips: Item Weight: ‎atleast 1 Pound, Package Dimensions: Approx. 12.36" (l) X 3.7" (w) X 1.3" (h),size: ‎long Straight, 12 Inches Long, Blade Length: 3.20",material: Steel, Cutting Thickness Range Up To 1.2mm Carbon Steel And 0.7mm/26 Pcs Framing Square: Shorter Leg Measures At 8 Inch Outside And 6.5 Inch Inside, Longer Leg Measures At 12 Inch Outside And 11 Inch Inside,material: Carbon Steel/26 Pcs Level: Box Beam Style, Material: Aluminum,dimension: Approximately 24-24.5" (l) X 2-2.6" (w) X 1.2-1.5" (h), Weight: Atleast 0.8 Pounds/26 Pcs Electric Planer: Voltage: 220-240v,input Power: 1050w, No Load Speed: 1600rpm, Planing Width And Depth,82x3mm,heavy Duty Aluminum Base/1 Pc Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/1 Pc Air Compressor Machine: Motor Power: 1hp, Size: Approx. 935x385x800mm,voltage: 220-240v, 60hz, Speed: 3400 Rpm, Tank Capacity: 24l , Operating Pressure: Max 8 Bar, Air Displacement: 93l/min, Pump Lubricated With Oil/1 Pc Blue Painters Tape, Color: Blue, Size: Atleast 1.41" X 20m,thickness: 0.13mm, Item Weight: 1.92 Pounds, Material: Paper/2pcs Electric Spray Gun: Voltage: 220-240v~50/60hz,spraying Pressure: 0.1-0.2 Bar, Max Flow: 850ml/min, Max Viscosity: 50din-s, Container Capacity: Atleast 800ml,power Cord Length: 2m, Rated Power 500w, Spraying Pressure: Atleast 0.1-0.2bar, Item Dimensions: Approximately 13" (l) X 5" (w) X 11" (h)/1 Pc Extension Pole, (3 Stage Extender) Reach: 1.5-to-3ft,weight: Maximum Of 0.5 Pounds, Max. Standing Reach: 10ft, Material : Aluminum/2 Pcs Paint Brush Set, 5 Pcs/set, Material: Synthetic Bristle, Wood Handle, Overall Length: Atleast 11", Bristles Length: Atleast 3", Brush Width: 1", 1-1/2" 2", 2-2.5", 3"and 4"/ 5 Pcs Paint Roller, Material: Plastic,package Dimensions: Approximately 15.16" (l) X 11.22" (w) X 3.15" (h),item Weight: Atleast 1.06 Pounds, Inclusion: Roller, Atleast 7" In Length, Material: Polyester/2 Pcs Painters Gloves, 12 Pcs/pack, Material: Cotton, Color: Red/1 Pc Putty Knife/paint Scraper Set (4pcs), Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/1 Pc Steel Float/plastering Trowel: Thickness: Atleast 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Material: High Carbon Steel With Wood Handle/2 Pcs Lpg Tank With Gas Regulator And Accessories, Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pcs Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)/2 Pcs Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/2 Pcs Baking Sheet: Aluminum, 12x16 Inches/2 Pcs Digital Kitchen Scale: Accurate Measurement; Weigh Up To 5 Kg / 11 Lb Precisely In 1 G / 0.05 Oz Increments, Quality Material: Measure Food, Small Items, And Liquids With Confidence On The 304 Food-grade, Stainless Steel Platform, Approx. Dimension 7.3-7.5" (l) X 5.7-5.90" (w) X 0.6-08" (h), 2 X 1.5v Aaa Batteries/2 Pcs Measuring Cup (for Liquid Ingredients): 1 Measuring Cup With Red Graphics, Made Of Non-porous Glass That Won't Warp, Stain, Or Absorb Odors, Glass Is Preheated Oven, Microwave, Fridge, Freezer & Dishwasher Safe, Dimension: Approx. 7.13" (l) X 6.75" (w) X 4.38" (h), Measuring Capacity: 500ml/2 Pcs Measuring Cups (for Dry Ingredients): Material: Stainless Steel, 5 Pieces Per Set (1 Cup, 1/2 Cup, 1/3 Cup, 1/4 Cup, 1/8 Cup)/2 Pcs Measuring Spoons (set): 7pcs Stainless Measuring Spoon Kit, The Kit Includes: 1/8 Tsp (0.63ml), 1/4 Tsp (1.25ml), 1/2 Tsp (2.5ml), 3/4 Tsp (3.75ml), 1 Tsp (5ml), 1/2 Tbsp (7.5ml), 1 Tbsp (15ml)/2 Pcs Mixing Bowl: Medium, Approx. Diameter: 28cm, Height:11.2cm, Material: Stainless; Capacity: At Least 4l/2 Pcs Standmixer: 2-in-1 360 Automatic Rotating Bowl Electric Stand & Hand Mixer, 4.5l W/ 5-speed Turbo Function,color: Black/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Pc Caldero: Aluminum, #2, Diameter Height 28cmx16cm With Double Handle/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/1 Pc Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)1 Pc Food Glass Display (estante): 3 Layers; 20(h)x18(w)x36(l)", Aluminum Base, Glass With Screen Door/1 Pc Casserole With Double Handle: Material: Aluminum, Size: 26cm Dimension: 36(l) X 28.5(w) X 21(h)cm/2 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/1 Pc Chopping Board: Material: Polypropylene/1 Pc Chopping Knife: 10” Stainless,wood Handle/1 Pc Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in; Color: Beige2 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Beach Umbrella: 90" Diameter X 8 Ft. Height, 8 Rib Round Metal Pole, Polyester Multi-coloured Umbrella Canopy/2 Pcs Cooler Container: Chest Insulated Cooler, Materials: Polystyrene, Sizes And Capacities: 30 Liters - 45.5cm(l) X 39cm(w) X 31cm(h),color: Blue Or Red/1 Pc Grill/ Ihawan With Stand,material Of Body And Stand: Stainless , 24x12x33inches (lxwxh), Depth: 5inches/2 Pcs Bicycle With Sidecar: Bicycle Specifications: Bmx Type Bike (frame 1//2 Gi Hd, Rim Set Front X 10 G Wide Jap Hub, Rim Set Rear X 10g Wide Jap Hub, Tire 20 X 2.125 Jumbo, Tube 20 X 2.125, Handle Bar Painted Black, Fork Ex-900 Landing Gear Cp, Head Parts Nikyo/whw, H-post Bmx Ord.m, H-grip Ord. Opc Parts Neco Bearing Type, Opc Plate 36t, Chain Cp Bmx, Freewheel 24t, Pedal Opc Bearing Type, Seat Clamp/s-pin/ S-post P, Saddle With Spring, Footbreak With Spring "full Size" Frame, 175-180mm Cranks Side Car With Umbrella Holder And 2 Chest Coolers Carrier (52l Capacity) - Dimensions: ‎25.8" (l) X 16.2" (w) X 15.7" (h) Materials: 1/2 J1 Pipe 540, 316 X 1 Flat Square Bar, J1 Pipe De Una 520, 1/4 X 2 Flat Bar, 6203 Gi Set, Tire 20 X 2.125 Jumbo/2 Pcs Weighing Scale: 10kg Capacity, Colored Body / Stainless Pan, Graduation: 50g, Powder Coated Body, Pan Size: 255mm Ø X 55mm Deep, Dial Face: 185mm Ø, 4 Units/master Carton/4 Pcs Plastic Fruit Crate 21 X 15 X 12 Inches/1 Pc Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/1 Pc 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/1 Pc Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w); Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/1 Pc Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/1 Pc 7pcs Face Brush Set, Inclusion: Powder Brush, Size: 17cm, Bristle Length: 3.2cm, Ferrule Width:1.9cm, Powder Buffer Brush, Size: 19cm, Bristle Length: 5cm, Ferrule Width: 2.1cm,foundation Brush, Size: 17cm, Bristle Length: 3.3cm, Ferrule Width: 2.2cm, Flat Foundation Brush, Size: 17cm,bristle Length: 3.2cm; Ferrule Width:1.2cm, Highlight Brush, Size: 16.5cm,bristle Length: 2.7cm, Ferrule Width: 2.3cm,angle Cheek Brush, Size: 17cm, Bristle Length: 3.1-2.3cm,ferrule Width: 2.4cm, Highlighting Fan Brush, Size: 16.5cm, Bristle Length: 4cm, Ferrule Width: 2.5cm, With Brush Bag/1 Pc Eyelash Curler: Material: Carbon Steel, Size: Approx. 5.91 X 3.94 X 1.97"/1 Pc Eyebrow Razor: Handle Material: Plastic, Size: Approx. 6.8(l) X 2(w) X 0.1"(h), 6pcs/pack/1 Pc Makeup Sponge Set Blender: Material: Sponge, Size: Approx. 4.02 (l) X 3.94(w) X 2.52"(h), 4pcs/set/1 Pc False Eyelashes, Product Dimensions: ‎ Approx. 0.75(l) X 3.88(w) X 5.38"(h), 5pairs/pack/1 Pc Eye Shadow Pallete: 12 Curated Peach-inspired Shades, Finish Type: Metallic, Matte, Product Dimension: Approx. 0.08 (l) X 0.04 (w) X 0.06" (h)/1 Pc Contour Palette: Multi-colored, Finish Type: Matte, Package Dimension: Approx. 5.75 (l) X 4.25 (w) X 0.5" (h)/1 Pc Hypercurl Waterproof Mascara Make Up Set: Product Dimensions: Approx. ‎0.85 (l) X 2.75 (w) X 5.63" (h), Color: Black/1 Pc Waterproof Matte Gel Eyeliner Pencil: Item Form: Pencil, Powder, Creamy, Finish Type: Matte, Product Dimensions: About‎ 5.77 X 1.97 X 0.81", Color: Black/1 Pc Eyebrow Gel, Waterproof: Weight: About 0.16 Oz, Product Dimension: Approx. 0.75 (l) X 1.9 (w) X 5.65 (h) Inches, Color Black, Brown/1 Pc Blush On, 3 Complimentary Skin-flushed Shades, Product Dimensions: Approx. 2.89 (l) X 0.43 (w) X 2.33" (h)/1 Pc Powder Blush Makeup Palette, Product Dimensions: ‎approx. 2.43 (l) X 2.43 (w) X 0.66" (h)/1 Pc Eye Shadow Palette; 12 Curated Peach-inspired Shades, Finished Type:metallic,matte, Product Dimensions:approx 0.08(l)x0.04(w) X0.06”(h)/ 1 Pc Applicator Brush And Plastic Comb: 13cm Black, Double-sided Comb, Pointed Handle For Sectioning Hair/1 Pc Hair Clipper: Electric; 110v-240v, 50-60hz,all Metal Machine, Led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g, With Complete Accessories - Fiber Comb: Cleaning Brush, Lubricant, Charger/1 Pc Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/1 Pc Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/1 Pc Curling Iron: 220v Power, 4gen; White, 32x25x13mm, Energy Efficient-48w,360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/1 Pc Apron: Length: 76cm, Width: 59cm, Color: Black, Material: Nylon, Waterproof/1 Pc Curling Rod: Small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits,multi-color/1 Pc Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Spray Net: 600ml, 27.5cm, Hard Hold/1 Pc Hair Spray Aerosol Extra Hold: Weight: About 7ounces /198g, Scented, Package Dimensions: ‎7.83 X 6.69 X 2.17"/1 Pc Hair Trimmer: Running Time 120 Minutes Battery Powered,rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless; Accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger), And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/3 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v,body Material: Plastic/3 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free; Hanger Design, Ptc Heater - Instant Heat-up/3 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w),curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w),package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/3 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5",color: Black (12pcs)/3 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx.‎ 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/3 Pcs Cutting Scissors: 6" Stainless Steel, 65g/3 Pcs Thinning Scissors: 17.5x5cm Stainless Steel/3 Pcs Drip Pan: 32cmx35cm Plastic, Black/3 Pcs Hair Clipper: Electric,110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm, Low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/3 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h),inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/3 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/3 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Saphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/3 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/3 Pcs Astringent Foot Soaker: 128oz/3 Pcs Cooling Foot Soak: Product Dimensions: ‎approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/3 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately‎ 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/3 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/3 Pcs Foot Scrub/3 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/3 Pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/3 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/3 Pcs Apron: Length: 76cm, Width: 59cm,color: Black,material: Nylon, Waterproof/3 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer,500ml/3 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/3 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/3 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/3 Pcs Hair Cellophane: 500ml, Natural, Brown,burgundy And Ash Blonde Variant/3 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/3 Pcs Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/3 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/3 Pcs Hair Bleaching Powder: 500g/3 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/24 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦,swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/24 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/24 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/24 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx.‎ 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/24 Pcs Drip Pan: 32cmx35cm Plastic, Black/24 Pcs Shower Caps: 32cm, Thick Plastic, Elastic, Washable/24 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/24 Pcs Curling Iron: 220v Power, 4gen, White, 32x25x13mm, Energy Efficient-48w, 360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/24 Pcs Hair Steamer: With 4 Wheels, 360degrees Movable, Gray Color, Adjustable Height With Timer And Control/120 Pcs Cape: 140x110cm, Satin, Nylon, Waterproof, Black/72 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber, Dark Colors/24 Pcs Curling Rod:small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/120 Pcs Ear Caps: (l X W X T): 8cm X 4.5cm X 2.1cm/3.15" X 1.77" X 0.83", Black,plastic/24 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/24 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/24 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/24 Pcs Hair Cellophane: 500ml, Natural, Brown, Burgundy And Ash Blonde Variant/24 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/24 Pc Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/24 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/24 Pcs Hair Bleaching Powder: 500g/24 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Shear: Material: Stainless Steel, 1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6", Accesories: Scissors Oil Atleast 5ml/34 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/34 Pcs Crow Bar: At Least 36" Long,length Tolerance: +- 1/8, Material: Forged Steel Carbon/34 Pcs Claw Hammer: Round Head, Head Weight: At Least 16oz, Overall Weight: Approximately 17oz-23oz, Head Material: Forged Steel, Handle Material: Fiberglass Handle With Rubber Cushion, Overall Length: Approximately 12-14"/34 Pcs Hacksaw With Blade: Material: Aluminum Alloy Frame With Soft-grip Handle, At Least 12"-15" Long Including Handle, With Soft-grip Rubber Handle, Bi-metal, Blade Length: About 30cm, Width: 3cm/34 Pcs Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/34 Pcs Handsaw: Blade Length: About 15",blade Material: Carbon Steel, Handle Length: 5", Handle Material: Plastic/rubber, Color: Gray,8 Teeth Per Inch/34 Pcs Shovel: Round End, Tempered Steel Blade: 17-23 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm, Capacity: 350-400 Lbs/34 Pcs Shovel: Rectangular End, Tempered Steel Blade: 22-26 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm/34 Pcs Level Bar: Aluminum Frame, Length: At Least 24"/60cm, Aluminum Thickness: 1.5mm, Double Side Milles, 0.5mm/m Accurate Vials/34 Pcs Steel Float/plastering Trowel: Thickness: At Least 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Mmaterial: High Carbon Steel With Wood Handle/34 Pcs Steel Square: Carpenter's Framing Square, Blade Width: 2" Scale: At Least 16" (l) X 24" (w), Material: Steel/34 Pcs Masonry Trowel: Length: At Least 12"long, Width: 6", Material: Flat Steel, With Wood Handle/34 Pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree: 44mm, 90 Degree: 65mm, Maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg, Item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/34 Pcs Masonry Square/metric Square: Material: Aluminum, Length: Approx. 24", Width: 16", 1/8 '' Thickness/34 Pcs Mason's Level: At Least 48'' Long, Aluminum Reinforced Frame, 60cm Only/34 Pcs Sledgehammer: Weight: At Least 3 Lbs With Fiberglass Handle, Forged Steel Round Head, Length: Approximately 25-27"/34 Pcs Concrete Chisel: Pointed Sharp End, Material: Forged Steel Chisel, With Rubberized Handle, Length: Approximately 10''/34 Pcs Putty Knife/paint Scraper Set (4pcs): Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/34 Pcs Mason's Line: #18 Braided Nylon, 500 Ft/roll, Color Orange/34 Pcs Hammer Drill: Electric, 1980w 220v, Rated Frequency: 50/60hz, Load Speed: 0-3800rpm (revolutions Per Minute), Chuck: 13mm With Ergonomic Anti-slip Handle/34 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4",rated Voltage: 220v, Frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/34 Pcs Wooden Float: Size: At Least 12x4", Has 5/8" Thick Rubber Pad, With Wooden Handle/4 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h), Inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/4 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/4 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Sapphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/4 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/2 Pcs Astringent Foot Soaker: 128oz/2 Pcs Cooling Foot Soak: Product Dimensions: ‎approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/2 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately‎ 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/4 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/2 Pcs Foot Scrub/2 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/6 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber,dark Colors/2 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer, 500ml/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in, Color: Beige/1 Pc Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Peanut Grinding Machine: Electric, 220v, 300w, 50-60hz,material: High Quality Stainless Steel Body And Base, Color: Black, Dimension: Approx. Length: 43.5cm, Width: 23cm, Height: 13.5cm/1 Pc Hand Cobbler Shoe Repair Machine Dual Cotton Nylon Line Sewing Machine Manual Leather Machine Shoe Sewing Machine Color Silver: Product Dimensions 14.4"d X 20.5"w X 5.5"h, Material: Cast Iron Item Weight: 22 Pounds, Power Source: Crank/5 Pcs Wooden Handle Shoes Repairing Awl Shoe Sewing Tool Diy Craft Repair Hand Straight Hook Shoes Sewing Awl Type: Shoes Sewing Awl Material: Wood+metal, Features: Shoes Sewing Awl, Repair Hand , Crochet Needle Tool Dimension: 1: App.2x13.5x6cm/0.79x5.31x2.36in 2: App.2x13x5.5cm/0.79x5.12x2.17in 3: App.2x13x5.5cm/0.79x5.12x2.17in, Color: Wood Color + Silver/5 Pcs Upholstery Stitching Thread Black 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread Brown 100 Mtr 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread White 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/2 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/2 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h)/2 Pcs Chipping Hammer: Item Weight: ‎at Least 13.8 Ounces, Product Dimensions: ‎11" (l) X 1" (w) X 7.5" (h), Material: Genuine Leather Grip And Forged Steel/2 Pcs Heavy Duty Corded Drill: Rated Input Power: 750w, Chuck Capacity: Up To 13mm, Drill Capacity: Metal (16mm), Wood (25mm), Masonry (12mm), Dimension: 268mm (l) X 69mm (w) X 192mm (h), Weight W/out Cable: Approximately 1.6-1.8 Kg, Spindle Collar Diameter Of 43 Mm/2 Pcs Metal Drill Bit Set: Material: High Speed Steel, 19pcs Per Set(1mm,1.5mm,2mm,2.5mm,3mm,3.5mm,4mm,4.5mm,5mm,5.5mm,6mm,6.5mm,7mm,7.5mm,8mm,8.5mm,9mm,9.5mm,10mm), Point Angle: 118degree C, Standards: Din 338, Bit Geometry: Standard Twist Bit/2 Pcs Mig Welding Pliers: Overall Length: Atleast 210mm, Material: High Carbon Steel, Handle Material: Thermoplastic Rubber/2 Pcs Needle File Set: (6 Pieces Hand Metal Files, Hardened Alloy, Strength Steel Set Includes Flat, Flat Warding, Square, Triangular, Round, And Half-round File), Color Black, Metal Type: Carbon Steel, Handle Material: Wood, Alloy Steel, Item Dimensions: Approximately 6.1" (l) X 3" (w) X 0.5" (h)/2 Pcs Portable Welding Machine: Input Voltage: 220-240, Frequency: 50-60hz, Output Current: 10-220a, Led Display, No-load Voltage: 85v, Max. Output Current: 220a, Diameter Of Electrode: 1.6-3.2mm, Inclusions: 1 Pc Electrode Holder, 1 Pc Earth Clamp With Cable/2 Pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g,triangle-shaped/2 Pcs Welding Helmet: Auto Darkening Helmet: Power Supply: Battery And Solar Powered, Light Shade: Din9-1, Dark Shade: Din4, Switching Time: 1/25000s, Delay Time: 0.1-0.8s, Sensitivity Adjustment: Stepless Control, Operation Temperature: -5 Degrees- 55 Degrees, Active Viewing Area: 93mmx43mm, Active Viewing Area Size: (+/- 10mm), Item Weight: At Least 1.85 Pounds, Package Dimensions: ‎approximately 12-12.4" (l) X 9-9.61" (w) X 7-7.68" (h)/2 Pcs Welding Magnets: 6 Pcs/set, Overall Length: At Least (3"), Hold Capacity: Up To 25lbs, Arrow Design Supports Angle: 45°, 90°, And 135°, Item Weight: 295g, Package Dimensions: ‎4.88 X 4.72 X 3.98 Inches, ‎material: Steel, Magnets Size: Approximately - Top (1-1.4cm), Bottom (6.5-7cm), Side (7-7.5cm) Thickness (1-1.3cm)/2 Pcs Welding Suit: 100% Cotton With Pyrovatex, 2 Back Pockets And Rule Pocket With Safety Gusset Feature, High Quality And Long Lasting, Two Way Zipper, Approximate Cloth Size: Large/10 Pcs Camping Dome Tent: Product Dimensions: 82.7"l X 55"w X 43.5"h, Item Weight: 4 Pounds Shape: D Shape Occupancy: 2 Person Included Components: Carry Bag, Stakes, Rainfly Water Resistance Technology 1000 Millimeters, Special Feature: Windproof, Sun Protection/outdoor Mat (banig):size (48" X 75") Material: Palm Leaves (buri)/10 Pcs Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/2 Unit Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Unit Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/5 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pc S Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/5 Pcs Wok Ladle: Material: Stainless Steel With Wooden Handle: Total Length Of Item: 24 Inches/5 Pcs Wok Spatula: Material: Stainless Steel With Wooden Handle, Total Length Of Item:24 Inches/5 Pcs Stainless Steel Long Wooden Handle Skimmer Strainer: Material: Stainless Steel, Size: 32.3*11.5cm/5 Pcs Casserole With Double Handle: Material: Aluminum, Size: 26cm, Dimension: 36(l) X 28.5(w) X 21(h)cm/5 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/5 Pcs Chopping Board: Material: Polypropylene Plastic: 8"(w) X 10"(l), 1cm (thickness)/5 Pcs Chopping Knife: 10" Stainless; Wood Handle/5 Pcs Grill/ Ihawan With Stand, Material Of Body And Stand: Stainless, 24x12x33inches (lxwxh), Depth: 5inches/1 Unit Heavy Duty Commercial Micromatic Big 7.8l Mrc-50 Rice Cooker 45cups (white)/10 Dz Melamine Round Dinner Plate: 9" Diameter, Color; White/10dz Platito (saucer): Material: Melamine Plastic, Standard Size: 6 Inch (diameter) X ¾ Inch Height/10 Pcs Serving Tray Bamboo - Wooden Tray With Handles, Color Brown Material Wood, Product Dimensions 17"l X 11"w X 2"h/10dz Drinking Glass: 8 Oz, Glass, Product Size: Base Diameter-7cm, Top Diameter: 7cm, H-11.4cm, Heat Resistant, Dishwasher Safe/10dz Spoon: Stainless, 12pcs/per Pack, Size: 8"/10dz Fork: Stainless, 12 Pcs/per Pack, Size 8"/5dz Mangkok (round Shape Bowl), Materials: Ceramic, Size: 6inch (diameter) X 5cm (height)/5 Pcs Storage Box With Wheels For Easy Transport, Measurements: L72 X W52 X H44cm, Food Grade Material, 120l Capacity, Stackable; With Lid And Handle, Color: White/2 Pcs Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/5 Pcs Gallon Acrylic Juice Dispenser Type: Type: Water/juice Dispensers, Overall Dimensions: Height:32 1/2 Inches, Top Diameter: 6 11/16 Inches, Capacity:1.1 Gallons, Base Material: Stainless Steel, Container Material: Acrylic, Style: Single/5 Pcs Chafing Dish Food Warmer Buffet Set: Size: 1/1pan*3, Color: Silver, Material: Stainless Steel, Product Dimensions: 13.39"l X 15.35"w X 23.62"h, Capacity: 8 Quarts/5 Pcs Chest Cooler: Item Package Dimensions: ‎25.8" (l) X 16.2" (w) X 15.7" (h), Package Weight: ‎5.76kg, Inside Dimensions: 24.95" (l) X 14.58" (w) X 14.77" (h), Material: ‎plastic, Chamber Depth: 24.95", Capacity: 52l , Color: Blue Or Red/5 Pcs Matress: Size: Semi Double (48" X 75"), Thickness: 4"/15 Pcs Matress Size: Queen (60" X 75") Thickness: 4"/15 Pcs Pillow: Size: Standard (20" X 26")/10 Sets Bed Linen Set Of 3pcs, 1-bed Sheet Size (48" X 75"), 2-pillow Case (20" X 26")/2 Sets Bed Linen Set Of 3pcs: 1-bed Sheet Size (60" X 75"), 2-pillow Case (20" X 26")/6 Unit Electric Fan: Color: Black, Electric Fan Design: Floor Fan, Power Source: Corded Electric Style: 3-speed Ac Motor Fan, Product Dimensions: 15.75"d X 17.72"w X 53.15"h, Room Type: Bedroom, Special Feature: Oscillating, Adjustable Height, Adjustable Tilt,wattage: 60 Watt/4 Unit Industrial Ceiling Fan: Product Material: Cast Aluminum Casing, Product Specifications: 2000mm, Operating Voltage: 220v, Wind Speed: 5th Gear, Number Of Fan Product Color: Black, White, Product Power: 165w, Blades: 6 Blades/150 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: White/15 Pcs Solid Top Round Table: Material: Plastic, Color: White, Size(cm): 115 X 74 X 4.5, Foldable Legs,diameter: 45″, 6 To 8 Seater Capacity B. Completed Within The Last Two(2) Years From The Date Of The Submission Of Bids 7.1 Not Applicable Since Sub-contracting Is Not Allowed. 12 The Price Of Goods Shall Be Quoted Ddp Lgu-irosin, Irosin, Sorsogon. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. [two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. [five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project 4 Pcs Barber Brush: 23.3cmx7cm, Soft Fiber Material And Wooden Handle/4 Pcs Hair Clipper: Electric, 110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time,4pcs Comb Guide 3/6/10/13mm,body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/4 Pcs Paddle Brush:body Material: Wood, Dimensions: (lxwxh) 25x8x3cm, Brown/8pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires, With Light And Perfume Button/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires,with Light And Perfume Button/4pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm,length: 20.9"/52cm,width: 14"/36cm,4 Drawers, Blower Holder/4pcs Talcum Powder: 200g, Hypo-allergenic, Dermatologist Tested/4 Pcs Cordless Clipper: Body Material: Aluminum,motor: Rotary,power/source Battery: Lithium-ion Battery (90+ Minutes Of Runtime), Blades: Titanium Blades, 3 Guide Combs Plastic Material (#1/2, #1, And #1½),cutting Lengths: 0.4-25mm,inclusions: A Blade Guard, 1 Recharging Transformer (charger), 1 Cleaning Brush, With Lubricating Oil Of At Least 5 Ml And English User Manual,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),weight: Maximum Of 400g, Input: Can Be Used For 110-240 Voltage/4pcs Hair Trimmer: Running Time 120 Minutes Battery Powered, Rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless,accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger) And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/4pcs Electric Shaver: With 3d Floating Cutter Head, 40mins. Running Time For 8hrs Fully Charged, Material: Stainless Steel,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),automatic Voltage 100-240v,battery: 2 Cell Nickel-metal Hydride Cylindrical Battery Pack, 4000mah,power Type: Rechargeable/4pcs Hair Shear: Material: Stainless Steel,1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6",accesories: Scissors Oil Atleast 5ml/4 Pcs Razor Blades: 10pcs/box (double Edge Stainless)/4 Pcs Shaving Razor/labaha: Dimensions: Approximately 5-6" (l) X 3/4-1" (w), Material: Carbon Steel, Color: Black/ 4 Pcs Barber Skin Fade Brush: Handle: Wood, With Soft Bristles 1" (l),dimensions: Atleast 5.5" (l) X 1" (w)/4pcs Comb Set: (4pcs/set), Material: High Quality Plastic, Inclusions: #1-approx. Size: 4.88" (l) X 1.02" (w), #2-approx. Size: 7.09" (l) X 1.46" (w), #3-approx. Size: 7.87" (l) X 1.18" (w), #4-6.10" (l) X 0.20" (w)/4pcs Shaving Gel: (foam), 195g/4pcs Barber's Cape: Color: Black,about 140cm (l) X 110cm (w), Cloth: Polyester/4pcs 360 Degree Swivel Barber Chair: Classic Back Seat With Chrome Steel Base, Premium Steel Frame And High Class Foot Pump, Heavy Duty Leather Cover; Lower Height - At Least 51cm, Top Height - At Least 61cm, Sandles Height - At Least 40cm/8pcs Barber Apron: With Two Pockets, Waterproof, Material: Cotton And Acrylic, Item Size: Approx. 38-38.19" (l) X 27-27.36" (w)/ 4pcs Pomade: 80g, Water-based/26pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g, Triangle-shaped/26pcs Meter Tape With Magnetic Hook: Blade Material, Nylon Coated Blade,dimensions: 16ft (l) X 25mm (w)/26pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree,44mm, 90 Degree: 65mm,maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg,item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/26pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/26pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/26 Pcs Portable Hand Drill: Power Sourced: Battery Powered - 2pc 21 Volt 1500mah Lithium-ion Batteries, Maximum Rotational Speed: 1500 Rpm, Voltage: 210v,amperage: 1.5 Amps, Chuck Size: 0.38",bit Heads Diameters: From 0.8mm-10mm,product Dimensions: ‎9.6" (l) X 2.1" (w) X 7.5" (h), Material: ‎plastic, Rubber, Metal, Item Dimensions: Approx. ‎9.6" (l) X 2.1" (w) X 7.5" (h),item Weight: Atleast ‎2.5 Pounds,item Torque: 330 Inch Pounds; Inclusions: 1x21 Volt Inspiritech Cordless Power Drill, 2x Rechargeable Battery, 1x English User Manual, 10x Self-drilling Drywall Anchors,10x Screwdriver Bits, 2x Double Ended Bits, 3x Drilling Bits, 1x Magnetic Extension Socket Bit Holder, 10x Anchors With Screws,1x One-hour Fast Charger, 1x Flexible Extension Shaft, 1x Carrying Bag/26pcs Wood Planer: Rated Voltage: 220v, Rated Input Power: 600w, Cutting Width: 82mm, Load Speed: 15,000rpm, Frequency: 60hz, Weight: 3kg./26 Pcs Framing Hammer: Handle Material: Alloy Steel, Item Dimensions: Approximately 16-17" (l) X 5.75-6" (w) X 1.5-2" (h), Item Weight: Atleast 1.4 Pounds/26 Pcs Trim Hammer: Handle Material: Wood, Head Material: Alloy Steel; Item Dimensions Approximately: 14-15" (l) X 5-6"(w) X 1-2" (h),item Weight: Atleast 594 Grams/26pcs Roofing Hammer: Item Weight: ‎1.25 Pounds, Product Dimensions: Approx. 13.7" (l) X 6.75" (w) X 1.5" (h)/26 Pcs Chalk Line: Item Weight: 10.6 Ounces, Product Dimensions: ‎approx. 1200" (l) X 4.72" (w) X 5.91" (h) Inches, Color: ‎blue, Material Type: Alloy Steel, Rubber/26 Pcs Utility Knife: Handle Material: Aluminum, Material: Aluminum Alloy, Weight: 120g/pcs, Blade Size: 19mm (w) X 61mm (h) X 0.6mm (t),blade Material: Steel, Thickness: Atleast 0.6mm/26 Pcs Tin Snips: Item Weight: ‎atleast 1 Pound, Package Dimensions: Approx. 12.36" (l) X 3.7" (w) X 1.3" (h),size: ‎long Straight, 12 Inches Long, Blade Length: 3.20",material: Steel, Cutting Thickness Range Up To 1.2mm Carbon Steel And 0.7mm/26 Pcs Framing Square: Shorter Leg Measures At 8 Inch Outside And 6.5 Inch Inside, Longer Leg Measures At 12 Inch Outside And 11 Inch Inside,material: Carbon Steel/26 Pcs Level: Box Beam Style, Material: Aluminum,dimension: Approximately 24-24.5" (l) X 2-2.6" (w) X 1.2-1.5" (h), Weight: Atleast 0.8 Pounds/26 Pcs Electric Planer: Voltage: 220-240v,input Power: 1050w, No Load Speed: 1600rpm, Planing Width And Depth,82x3mm,heavy Duty Aluminum Base/1 Pc Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/1 Pc Air Compressor Machine: Motor Power: 1hp, Size: Approx. 935x385x800mm,voltage: 220-240v, 60hz, Speed: 3400 Rpm, Tank Capacity: 24l , Operating Pressure: Max 8 Bar, Air Displacement: 93l/min, Pump Lubricated With Oil/1 Pc Blue Painters Tape, Color: Blue, Size: Atleast 1.41" X 20m,thickness: 0.13mm, Item Weight: 1.92 Pounds, Material: Paper/2pcs Electric Spray Gun: Voltage: 220-240v~50/60hz,spraying Pressure: 0.1-0.2 Bar, Max Flow: 850ml/min, Max Viscosity: 50din-s, Container Capacity: Atleast 800ml,power Cord Length: 2m, Rated Power 500w, Spraying Pressure: Atleast 0.1-0.2bar, Item Dimensions: Approximately 13" (l) X 5" (w) X 11" (h)/1 Pc Extension Pole, (3 Stage Extender) Reach: 1.5-to-3ft,weight: Maximum Of 0.5 Pounds, Max. Standing Reach: 10ft, Material : Aluminum/2 Pcs Paint Brush Set, 5 Pcs/set, Material: Synthetic Bristle, Wood Handle, Overall Length: Atleast 11", Bristles Length: Atleast 3", Brush Width: 1", 1-1/2" 2", 2-2.5", 3"and 4"/ 5 Pcs Paint Roller, Material: Plastic,package Dimensions: Approximately 15.16" (l) X 11.22" (w) X 3.15" (h),item Weight: Atleast 1.06 Pounds, Inclusion: Roller, Atleast 7" In Length, Material: Polyester/2 Pcs Painters Gloves, 12 Pcs/pack, Material: Cotton, Color: Red/1 Pc Putty Knife/paint Scraper Set (4pcs), Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/1 Pc Steel Float/plastering Trowel: Thickness: Atleast 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Material: High Carbon Steel With Wood Handle/2 Pcs Lpg Tank With Gas Regulator And Accessories, Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pcs Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)/2 Pcs Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/2 Pcs Baking Sheet: Aluminum, 12x16 Inches/2 Pcs Digital Kitchen Scale: Accurate Measurement; Weigh Up To 5 Kg / 11 Lb Precisely In 1 G / 0.05 Oz Increments, Quality Material: Measure Food, Small Items, And Liquids With Confidence On The 304 Food-grade, Stainless Steel Platform, Approx. Dimension 7.3-7.5" (l) X 5.7-5.90" (w) X 0.6-08" (h), 2 X 1.5v Aaa Batteries/2 Pcs Measuring Cup (for Liquid Ingredients): 1 Measuring Cup With Red Graphics, Made Of Non-porous Glass That Won't Warp, Stain, Or Absorb Odors, Glass Is Preheated Oven, Microwave, Fridge, Freezer & Dishwasher Safe, Dimension: Approx. 7.13" (l) X 6.75" (w) X 4.38" (h), Measuring Capacity: 500ml/2 Pcs Measuring Cups (for Dry Ingredients): Material: Stainless Steel, 5 Pieces Per Set (1 Cup, 1/2 Cup, 1/3 Cup, 1/4 Cup, 1/8 Cup)/2 Pcs Measuring Spoons (set): 7pcs Stainless Measuring Spoon Kit, The Kit Includes: 1/8 Tsp (0.63ml), 1/4 Tsp (1.25ml), 1/2 Tsp (2.5ml), 3/4 Tsp (3.75ml), 1 Tsp (5ml), 1/2 Tbsp (7.5ml), 1 Tbsp (15ml)/2 Pcs Mixing Bowl: Medium, Approx. Diameter: 28cm, Height:11.2cm, Material: Stainless; Capacity: At Least 4l/2 Pcs Standmixer: 2-in-1 360 Automatic Rotating Bowl Electric Stand & Hand Mixer, 4.5l W/ 5-speed Turbo Function,color: Black/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Pc Caldero: Aluminum, #2, Diameter Height 28cmx16cm With Double Handle/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/1 Pc Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)1 Pc Food Glass Display (estante): 3 Layers; 20(h)x18(w)x36(l)", Aluminum Base, Glass With Screen Door/1 Pc Casserole With Double Handle: Material: Aluminum, Size: 26cm Dimension: 36(l) X 28.5(w) X 21(h)cm/2 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/1 Pc Chopping Board: Material: Polypropylene/1 Pc Chopping Knife: 10” Stainless,wood Handle/1 Pc Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in; Color: Beige2 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Beach Umbrella: 90" Diameter X 8 Ft. Height, 8 Rib Round Metal Pole, Polyester Multi-coloured Umbrella Canopy/2 Pcs Cooler Container: Chest Insulated Cooler, Materials: Polystyrene, Sizes And Capacities: 30 Liters - 45.5cm(l) X 39cm(w) X 31cm(h),color: Blue Or Red/1 Pc Grill/ Ihawan With Stand,material Of Body And Stand: Stainless , 24x12x33inches (lxwxh), Depth: 5inches/2 Pcs Bicycle With Sidecar: Bicycle Specifications: Bmx Type Bike (frame 1//2 Gi Hd, Rim Set Front X 10 G Wide Jap Hub, Rim Set Rear X 10g Wide Jap Hub, Tire 20 X 2.125 Jumbo, Tube 20 X 2.125, Handle Bar Painted Black, Fork Ex-900 Landing Gear Cp, Head Parts Nikyo/whw, H-post Bmx Ord.m, H-grip Ord. Opc Parts Neco Bearing Type, Opc Plate 36t, Chain Cp Bmx, Freewheel 24t, Pedal Opc Bearing Type, Seat Clamp/s-pin/ S-post P, Saddle With Spring, Footbreak With Spring "full Size" Frame, 175-180mm Cranks Side Car With Umbrella Holder And 2 Chest Coolers Carrier (52l Capacity) - Dimensions: ‎25.8" (l) X 16.2" (w) X 15.7" (h) Materials: 1/2 J1 Pipe 540, 316 X 1 Flat Square Bar, J1 Pipe De Una 520, 1/4 X 2 Flat Bar, 6203 Gi Set, Tire 20 X 2.125 Jumbo/2 Pcs Weighing Scale: 10kg Capacity, Colored Body / Stainless Pan, Graduation: 50g, Powder Coated Body, Pan Size: 255mm Ø X 55mm Deep, Dial Face: 185mm Ø, 4 Units/master Carton/4 Pcs Plastic Fruit Crate 21 X 15 X 12 Inches/1 Pc Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/1 Pc 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/1 Pc Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w); Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/1 Pc Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/1 Pc 7pcs Face Brush Set, Inclusion: Powder Brush, Size: 17cm, Bristle Length: 3.2cm, Ferrule Width:1.9cm, Powder Buffer Brush, Size: 19cm, Bristle Length: 5cm, Ferrule Width: 2.1cm,foundation Brush, Size: 17cm, Bristle Length: 3.3cm, Ferrule Width: 2.2cm, Flat Foundation Brush, Size: 17cm,bristle Length: 3.2cm; Ferrule Width:1.2cm, Highlight Brush, Size: 16.5cm,bristle Length: 2.7cm, Ferrule Width: 2.3cm,angle Cheek Brush, Size: 17cm, Bristle Length: 3.1-2.3cm,ferrule Width: 2.4cm, Highlighting Fan Brush, Size: 16.5cm, Bristle Length: 4cm, Ferrule Width: 2.5cm, With Brush Bag/1 Pc Eyelash Curler: Material: Carbon Steel, Size: Approx. 5.91 X 3.94 X 1.97"/1 Pc Eyebrow Razor: Handle Material: Plastic, Size: Approx. 6.8(l) X 2(w) X 0.1"(h), 6pcs/pack/1 Pc Makeup Sponge Set Blender: Material: Sponge, Size: Approx. 4.02 (l) X 3.94(w) X 2.52"(h), 4pcs/set/1 Pc False Eyelashes, Product Dimensions: ‎ Approx. 0.75(l) X 3.88(w) X 5.38"(h), 5pairs/pack/1 Pc Eye Shadow Pallete: 12 Curated Peach-inspired Shades, Finish Type: Metallic, Matte, Product Dimension: Approx. 0.08 (l) X 0.04 (w) X 0.06" (h)/1 Pc Contour Palette: Multi-colored, Finish Type: Matte, Package Dimension: Approx. 5.75 (l) X 4.25 (w) X 0.5" (h)/1 Pc Hypercurl Waterproof Mascara Make Up Set: Product Dimensions: Approx. ‎0.85 (l) X 2.75 (w) X 5.63" (h), Color: Black/1 Pc Waterproof Matte Gel Eyeliner Pencil: Item Form: Pencil, Powder, Creamy, Finish Type: Matte, Product Dimensions: About‎ 5.77 X 1.97 X 0.81", Color: Black/1 Pc Eyebrow Gel, Waterproof: Weight: About 0.16 Oz, Product Dimension: Approx. 0.75 (l) X 1.9 (w) X 5.65 (h) Inches, Color Black, Brown/1 Pc Blush On, 3 Complimentary Skin-flushed Shades, Product Dimensions: Approx. 2.89 (l) X 0.43 (w) X 2.33" (h)/1 Pc Powder Blush Makeup Palette, Product Dimensions: ‎approx. 2.43 (l) X 2.43 (w) X 0.66" (h)/1 Pc Eye Shadow Palette; 12 Curated Peach-inspired Shades, Finished Type:metallic,matte, Product Dimensions:approx 0.08(l)x0.04(w) X0.06”(h)/ 1 Pc Applicator Brush And Plastic Comb: 13cm Black, Double-sided Comb, Pointed Handle For Sectioning Hair/1 Pc Hair Clipper: Electric; 110v-240v, 50-60hz,all Metal Machine, Led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g, With Complete Accessories - Fiber Comb: Cleaning Brush, Lubricant, Charger/1 Pc Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/1 Pc Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/1 Pc Curling Iron: 220v Power, 4gen; White, 32x25x13mm, Energy Efficient-48w,360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/1 Pc Apron: Length: 76cm, Width: 59cm, Color: Black, Material: Nylon, Waterproof/1 Pc Curling Rod: Small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits,multi-color/1 Pc Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Spray Net: 600ml, 27.5cm, Hard Hold/1 Pc Hair Spray Aerosol Extra Hold: Weight: About 7ounces /198g, Scented, Package Dimensions: ‎7.83 X 6.69 X 2.17"/1 Pc Hair Trimmer: Running Time 120 Minutes Battery Powered,rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless; Accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger), And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/3 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v,body Material: Plastic/3 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free; Hanger Design, Ptc Heater - Instant Heat-up/3 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w),curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w),package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/3 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5",color: Black (12pcs)/3 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx.‎ 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/3 Pcs Cutting Scissors: 6" Stainless Steel, 65g/3 Pcs Thinning Scissors: 17.5x5cm Stainless Steel/3 Pcs Drip Pan: 32cmx35cm Plastic, Black/3 Pcs Hair Clipper: Electric,110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm, Low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/3 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h),inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/3 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/3 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Saphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/3 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/3 Pcs Astringent Foot Soaker: 128oz/3 Pcs Cooling Foot Soak: Product Dimensions: ‎approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/3 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately‎ 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/3 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/3 Pcs Foot Scrub/3 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/3 Pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/3 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/3 Pcs Apron: Length: 76cm, Width: 59cm,color: Black,material: Nylon, Waterproof/3 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer,500ml/3 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/3 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/3 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/3 Pcs Hair Cellophane: 500ml, Natural, Brown,burgundy And Ash Blonde Variant/3 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/3 Pcs Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/3 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/3 Pcs Hair Bleaching Powder: 500g/3 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/24 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦,swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/24 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/24 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/24 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx.‎ 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/24 Pcs Drip Pan: 32cmx35cm Plastic, Black/24 Pcs Shower Caps: 32cm, Thick Plastic, Elastic, Washable/24 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/24 Pcs Curling Iron: 220v Power, 4gen, White, 32x25x13mm, Energy Efficient-48w, 360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/24 Pcs Hair Steamer: With 4 Wheels, 360degrees Movable, Gray Color, Adjustable Height With Timer And Control/120 Pcs Cape: 140x110cm, Satin, Nylon, Waterproof, Black/72 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber, Dark Colors/24 Pcs Curling Rod:small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/120 Pcs Ear Caps: (l X W X T): 8cm X 4.5cm X 2.1cm/3.15" X 1.77" X 0.83", Black,plastic/24 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/24 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/24 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/24 Pcs Hair Cellophane: 500ml, Natural, Brown, Burgundy And Ash Blonde Variant/24 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/24 Pc Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/24 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/24 Pcs Hair Bleaching Powder: 500g/24 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Shear: Material: Stainless Steel, 1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6", Accesories: Scissors Oil Atleast 5ml/34 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/34 Pcs Crow Bar: At Least 36" Long,length Tolerance: +- 1/8, Material: Forged Steel Carbon/34 Pcs Claw Hammer: Round Head, Head Weight: At Least 16oz, Overall Weight: Approximately 17oz-23oz, Head Material: Forged Steel, Handle Material: Fiberglass Handle With Rubber Cushion, Overall Length: Approximately 12-14"/34 Pcs Hacksaw With Blade: Material: Aluminum Alloy Frame With Soft-grip Handle, At Least 12"-15" Long Including Handle, With Soft-grip Rubber Handle, Bi-metal, Blade Length: About 30cm, Width: 3cm/34 Pcs Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/34 Pcs Handsaw: Blade Length: About 15",blade Material: Carbon Steel, Handle Length: 5", Handle Material: Plastic/rubber, Color: Gray,8 Teeth Per Inch/34 Pcs Shovel: Round End, Tempered Steel Blade: 17-23 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm, Capacity: 350-400 Lbs/34 Pcs Shovel: Rectangular End, Tempered Steel Blade: 22-26 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm/34 Pcs Level Bar: Aluminum Frame, Length: At Least 24"/60cm, Aluminum Thickness: 1.5mm, Double Side Milles, 0.5mm/m Accurate Vials/34 Pcs Steel Float/plastering Trowel: Thickness: At Least 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Mmaterial: High Carbon Steel With Wood Handle/34 Pcs Steel Square: Carpenter's Framing Square, Blade Width: 2" Scale: At Least 16" (l) X 24" (w), Material: Steel/34 Pcs Masonry Trowel: Length: At Least 12"long, Width: 6", Material: Flat Steel, With Wood Handle/34 Pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree: 44mm, 90 Degree: 65mm, Maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg, Item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/34 Pcs Masonry Square/metric Square: Material: Aluminum, Length: Approx. 24", Width: 16", 1/8 '' Thickness/34 Pcs Mason's Level: At Least 48'' Long, Aluminum Reinforced Frame, 60cm Only/34 Pcs Sledgehammer: Weight: At Least 3 Lbs With Fiberglass Handle, Forged Steel Round Head, Length: Approximately 25-27"/34 Pcs Concrete Chisel: Pointed Sharp End, Material: Forged Steel Chisel, With Rubberized Handle, Length: Approximately 10''/34 Pcs Putty Knife/paint Scraper Set (4pcs): Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/34 Pcs Mason's Line: #18 Braided Nylon, 500 Ft/roll, Color Orange/34 Pcs Hammer Drill: Electric, 1980w 220v, Rated Frequency: 50/60hz, Load Speed: 0-3800rpm (revolutions Per Minute), Chuck: 13mm With Ergonomic Anti-slip Handle/34 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4",rated Voltage: 220v, Frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/34 Pcs Wooden Float: Size: At Least 12x4", Has 5/8" Thick Rubber Pad, With Wooden Handle/4 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h), Inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/4 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/4 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Sapphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/4 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/2 Pcs Astringent Foot Soaker: 128oz/2 Pcs Cooling Foot Soak: Product Dimensions: ‎approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/2 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately‎ 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/4 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/2 Pcs Foot Scrub/2 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/6 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber,dark Colors/2 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer, 500ml/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in, Color: Beige/1 Pc Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Peanut Grinding Machine: Electric, 220v, 300w, 50-60hz,material: High Quality Stainless Steel Body And Base, Color: Black, Dimension: Approx. Length: 43.5cm, Width: 23cm, Height: 13.5cm/1 Pc Hand Cobbler Shoe Repair Machine Dual Cotton Nylon Line Sewing Machine Manual Leather Machine Shoe Sewing Machine Color Silver: Product Dimensions 14.4"d X 20.5"w X 5.5"h, Material: Cast Iron Item Weight: 22 Pounds, Power Source: Crank/5 Pcs Wooden Handle Shoes Repairing Awl Shoe Sewing Tool Diy Craft Repair Hand Straight Hook Shoes Sewing Awl Type: Shoes Sewing Awl Material: Wood+metal, Features: Shoes Sewing Awl, Repair Hand , Crochet Needle Tool Dimension: 1: App.2x13.5x6cm/0.79x5.31x2.36in 2: App.2x13x5.5cm/0.79x5.12x2.17in 3: App.2x13x5.5cm/0.79x5.12x2.17in, Color: Wood Color + Silver/5 Pcs Upholstery Stitching Thread Black 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread Brown 100 Mtr 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread White 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/2 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/2 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h)/2 Pcs Chipping Hammer: Item Weight: ‎at Least 13.8 Ounces, Product Dimensions: ‎11" (l) X 1" (w) X 7.5" (h), Material: Genuine Leather Grip And Forged Steel/2 Pcs Heavy Duty Corded Drill: Rated Input Power: 750w, Chuck Capacity: Up To 13mm, Drill Capacity: Metal (16mm), Wood (25mm), Masonry (12mm), Dimension: 268mm (l) X 69mm (w) X 192mm (h), Weight W/out Cable: Approximately 1.6-1.8 Kg, Spindle Collar Diameter Of 43 Mm/2 Pcs Metal Drill Bit Set: Material: High Speed Steel, 19pcs Per Set(1mm,1.5mm,2mm,2.5mm,3mm,3.5mm,4mm,4.5mm,5mm,5.5mm,6mm,6.5mm,7mm,7.5mm,8mm,8.5mm,9mm,9.5mm,10mm), Point Angle: 118degree C, Standards: Din 338, Bit Geometry: Standard Twist Bit/2 Pcs Mig Welding Pliers: Overall Length: Atleast 210mm, Material: High Carbon Steel, Handle Material: Thermoplastic Rubber/2 Pcs Needle File Set: (6 Pieces Hand Metal Files, Hardened Alloy, Strength Steel Set Includes Flat, Flat Warding, Square, Triangular, Round, And Half-round File), Color Black, Metal Type: Carbon Steel, Handle Material: Wood, Alloy Steel, Item Dimensions: Approximately 6.1" (l) X 3" (w) X 0.5" (h)/2 Pcs Portable Welding Machine: Input Voltage: 220-240, Frequency: 50-60hz, Output Current: 10-220a, Led Display, No-load Voltage: 85v, Max. Output Current: 220a, Diameter Of Electrode: 1.6-3.2mm, Inclusions: 1 Pc Electrode Holder, 1 Pc Earth Clamp With Cable/2 Pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g,triangle-shaped/2 Pcs Welding Helmet: Auto Darkening Helmet: Power Supply: Battery And Solar Powered, Light Shade: Din9-1, Dark Shade: Din4, Switching Time: 1/25000s, Delay Time: 0.1-0.8s, Sensitivity Adjustment: Stepless Control, Operation Temperature: -5 Degrees- 55 Degrees, Active Viewing Area: 93mmx43mm, Active Viewing Area Size: (+/- 10mm), Item Weight: At Least 1.85 Pounds, Package Dimensions: ‎approximately 12-12.4" (l) X 9-9.61" (w) X 7-7.68" (h)/2 Pcs Welding Magnets: 6 Pcs/set, Overall Length: At Least (3"), Hold Capacity: Up To 25lbs, Arrow Design Supports Angle: 45°, 90°, And 135°, Item Weight: 295g, Package Dimensions: ‎4.88 X 4.72 X 3.98 Inches, ‎material: Steel, Magnets Size: Approximately - Top (1-1.4cm), Bottom (6.5-7cm), Side (7-7.5cm) Thickness (1-1.3cm)/2 Pcs Welding Suit: 100% Cotton With Pyrovatex, 2 Back Pockets And Rule Pocket With Safety Gusset Feature, High Quality And Long Lasting, Two Way Zipper, Approximate Cloth Size: Large/10 Pcs Camping Dome Tent: Product Dimensions: 82.7"l X 55"w X 43.5"h, Item Weight: 4 Pounds Shape: D Shape Occupancy: 2 Person Included Components: Carry Bag, Stakes, Rainfly Water Resistance Technology 1000 Millimeters, Special Feature: Windproof, Sun Protection/outdoor Mat (banig):size (48" X 75") Material: Palm Leaves (buri)/10 Pcs Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/2 Unit Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Unit Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/5 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pc S Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/5 Pcs Wok Ladle: Material: Stainless Steel With Wooden Handle: Total Length Of Item: 24 Inches/5 Pcs Wok Spatula: Material: Stainless Steel With Wooden Handle, Total Length Of Item:24 Inches/5 Pcs Stainless Steel Long Wooden Handle Skimmer Strainer: Material: Stainless Steel, Size: 32.3*11.5cm/5 Pcs Casserole With Double Handle: Material: Aluminum, Size: 26cm, Dimension: 36(l) X 28.5(w) X 21(h)cm/5 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/5 Pcs Chopping Board: Material: Polypropylene Plastic: 8"(w) X 10"(l), 1cm (thickness)/5 Pcs Chopping Knife: 10" Stainless; Wood Handle/5 Pcs Grill/ Ihawan With Stand, Material Of Body And Stand: Stainless, 24x12x33inches (lxwxh), Depth: 5inches/1 Unit Heavy Duty Commercial Micromatic Big 7.8l Mrc-50 Rice Cooker 45cups (white)/10 Dz Melamine Round Dinner Plate: 9" Diameter, Color; White/10dz Platito (saucer): Material: Melamine Plastic, Standard Size: 6 Inch (diameter) X ¾ Inch Height/10 Pcs Serving Tray Bamboo - Wooden Tray With Handles, Color Brown Material Wood, Product Dimensions 17"l X 11"w X 2"h/10dz Drinking Glass: 8 Oz, Glass, Product Size: Base Diameter-7cm, Top Diameter: 7cm, H-11.4cm, Heat Resistant, Dishwasher Safe/10dz Spoon: Stainless, 12pcs/per Pack, Size: 8"/10dz Fork: Stainless, 12 Pcs/per Pack, Size 8"/5dz Mangkok (round Shape Bowl), Materials: Ceramic, Size: 6inch (diameter) X 5cm (height)/5 Pcs Storage Box With Wheels For Easy Transport, Measurements: L72 X W52 X H44cm, Food Grade Material, 120l Capacity, Stackable; With Lid And Handle, Color: White/2 Pcs Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/5 Pcs Gallon Acrylic Juice Dispenser Type: Type: Water/juice Dispensers, Overall Dimensions: Height:32 1/2 Inches, Top Diameter: 6 11/16 Inches, Capacity:1.1 Gallons, Base Material: Stainless Steel, Container Material: Acrylic, Style: Single/5 Pcs Chafing Dish Food Warmer Buffet Set: Size: 1/1pan*3, Color: Silver, Material: Stainless Steel, Product Dimensions: 13.39"l X 15.35"w X 23.62"h, Capacity: 8 Quarts/5 Pcs Chest Cooler: Item Package Dimensions: ‎25.8" (l) X 16.2" (w) X 15.7" (h), Package Weight: ‎5.76kg, Inside Dimensions: 24.95" (l) X 14.58" (w) X 14.77" (h), Material: ‎plastic, Chamber Depth: 24.95", Capacity: 52l , Color: Blue Or Red/5 Pcs Matress: Size: Semi Double (48" X 75"), Thickness: 4"/15 Pcs Matress Size: Queen (60" X 75") Thickness: 4"/15 Pcs Pillow: Size: Standard (20" X 26")/10 Sets Bed Linen Set Of 3pcs, 1-bed Sheet Size (48" X 75"), 2-pillow Case (20" X 26")/2 Sets Bed Linen Set Of 3pcs: 1-bed Sheet Size (60" X 75"), 2-pillow Case (20" X 26")/6 Unit Electric Fan: Color: Black, Electric Fan Design: Floor Fan, Power Source: Corded Electric Style: 3-speed Ac Motor Fan, Product Dimensions: 15.75"d X 17.72"w X 53.15"h, Room Type: Bedroom, Special Feature: Oscillating, Adjustable Height, Adjustable Tilt,wattage: 60 Watt/4 Unit Industrial Ceiling Fan: Product Material: Cast Aluminum Casing, Product Specifications: 2000mm, Operating Voltage: 220v, Wind Speed: 5th Gear, Number Of Fan Product Color: Black, White, Product Power: 165w, Blades: 6 Blades/150 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: White/15 Pcs Solid Top Round Table: Material: Plastic, Color: White, Size(cm): 115 X 74 X 4.5, Foldable Legs,diameter: 45″, 6 To 8 Seater Capacity 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Three(3) Months. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Three(3) Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Not Applicable. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Livelihood Supplies And Materials If It Follows The Technical Specification Set By The End-user Unit. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item No. Quantity Item Description Total Delivered, Weeks/months Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (k) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (l) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (m) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (n) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (o) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2024 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2024 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sugn Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024.