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7/24/2019 BID DOC (1).pdf http://slidepdf.com/reader/full/bid-doc-1pdf 1/65 1 Republic of the Philippines Department of Public Works and Highways Isabela 4 th  District Engineering Office Quezon, San Isidro, lsabela BID DOCUMENTS Contract ID: 15BH0064 (Re-advertisement)  Construction of 2 STY 6-CL School Building Santiago City NHS-Sinsayon, Santiago City Date of Opening of Bids: November 24, 2015 11:00 AM

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Republic of the Philippines

Department of Public Works and HighwaysIsabela 4th District Engineering Office

Quezon, San Isidro, lsabela

BID DOCUMENTS

Contract ID: 15BH0064 (Re-advertisement) 

Construction of 2 STY 6-CL School Building

Santiago City NHS-Sinsayon, Santiago City

Date of Opening of Bids: November 24, 2015 11:00 AM

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Section I . Invitation to Bid  

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INVITATION TO BID

Construction of 2 STY 6-CL School Building

Santiago City NHS-Sinsayon, Santiago City 

1. The Department of Public Works and Highways (DPWH), through the DepEd GAA

FY2015  intends  to apply the sum of P8,273,390.20 being the Approve Budget for the

Contract (ABC) for Construction of 2 STY 6-CL School Bu ildingwith Contract ID No.

15BH0064 (Re-advertisement) .  Bids received in excess of the ABC shall be

automatically rejected at bid opening. 

2. The Department of Public Works and Highways now invites bids for the constructionof the above project. Completion of the Works required is 150 CD  .Bidders should have

completed, within ten (10) years from the date of submission and receipt of bids, a singlecontract similar to the Project, equivalent to at least fifty percent (50%) of the ABC. The

description of an eligible bidder is contained in the Bidding Documents, particularly, inSection II. Instruction to Bidders.

3. Bidding will be conducted through open competitive bidding procedures using

 Nondiscretionary pass/fail criterion as specified in the Implementing Rules andRegulations (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. Contractors/applicants who are interested in the DPWH civil works are required to

register prior to the set schedule of submission of bid while those already registered shall

keep their records current and updated. Contractor’s eligibility to bid on the project will be determined using the DPWH Contractor Profile Eligibility Process (CPEP) and

subject to further post qualification.

5. Interested bidders may obtain further information from the BAC Secretariat and inspect

the Bidding Documents at the address given below from 8:00 a.m. to 5:00p.m.

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6. A complete set of Bidding Documents may be purchased by interested Bidders at Isabela

4th District Procurement Office, Department of Public Works and Highways Isabela 4th District Engineering Office, San Isidro, Isabela upon payment of a non-refundable fee

for the Bidding Documents in the amount of Ten Thousand Pesos  (P10,000.00) .

It may also be downloaded free of charge from the website of the Philippine GovernmentElectronic Procurement System (PhilGEPS) and the website of the Procuring Entity ,

 provided that bidders shall pay the fee for the Bidding Documents not later than the setdeadline for the submission of bids.

7. Bids must be delivered on or before November   24 , 2015 at 9 :00 AM  at Isabela 4th District

Procurement Office, Department of Public Works and Highways Isabela 4th DistrictEngineering Office, San Isidro, Isabela. All bids must be accompanied by a bid security

in any of the acceptable forms and in the amount stated in the Bidding Documents, ITB

Clause 18.1.

Bids will be opened in the presence of the bidders’ representatives who choose to attend

at the address above. Late bids shall not be accepted.

8. For further information, please refer to:

LEVI P. BALDONADOHead, BAC Secretariat

DPWH Isabela 4th District Engineering OfficeQuezon, San Isidro, Isabela

9. The Department of Public Works & Highways reserves the right to accept or reject any

 bid, to annul the bidding process, and to reject all bids at any time prior to contractaward, without thereby incurring any liability to the affected bidder or bidders.

FERNANDO C. SALIM

Chief, Maintenance Section

Chairman, BAC for Civil Works

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Section I I . Instructions to Bidders

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TABLE OF CONTENTS

A. GENERAL .................................................................................................................8

1. Scope of Bid ............................................................................................................8

2. Source of Funds .......................................................................................................8

3. Corrupt, Fraudulent, Collusive, and Coercive Practices ............................................8

4. Conflict of Interest ..................................................................................................9

5. Eligible Bidders.......................................................................................................10

6. Bidder’s Responsibilities ........................................................................................12

7. Origin of GOODS and Services ..............................................................................13

8. Subcontracts ............................................................................................................13

B. CONTENTS OF BIDDING DOCUMENTS .............................................................14

9. Pre-Bid Conference .................................................................................................14

10. Clarification and Amendment of Bidding Documents...........................................14

C. PREPARATION OF BIDS .......................................................................................15

11. Language of Bids ..................................................................................................15

12. Documents Comprising the Bid: Eligibility and Technical Components ...............15

13. Documents Comprising the Bid: Financial Component ........................................17

14. Alternative Bids ....................................................................................................17

15. Bid Prices ..............................................................................................................18

16. Bid Currencies.......................................................................................................18

17. Bid Validity ..........................................................................................................19

18. Bid Security...........................................................................................................19

19. Format and Signing of Bids ..................................................................................20

20. Sealing and Marking of Bids.................................................................................21

D. SUBMISSION AND OPENING OF BIDS ...............................................................22

21. Deadline for Submission of Bids ..........................................................................22

22. Late Bids ...............................................................................................................22

23. Modification and Withdrawal of Bids ..................................................................22

24. Opening and Preliminary Examination of Bids ....................................................22

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E. EVALUATION AND COMPARISON OF BIDS ....................................................24

25. Process to be Confidential.....................................................................................24

26. Clarification of Bids .............................................................................................24

27. Detailed Evaluation and Comparison of Bids ......................................................24

28. Post Qualification..................................................................................................25

29. Reservation Clause................................................................................................26

F. AWARD OF CONTRACT ......................................................................................27

30. Contract Award ....................................................................................................27

31. Signing of the Contract ........................................................................................28

32. Performance Security ...........................................................................................29

33. Notice to Proceed .................................................................................................29 

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A.  General

1. 

Scope of Bid

1.1. 

The Procuring Entity as defined in the BDS, invites bids for the construction ofWorks, as described in Section VI. Specifications. The name and identificationnumber 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 FundingSource 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 paymentsunder the Contract for the Works.

3.  Corrupt, Fraudulent, Collusive, and Coercive Practices

3.1.  The Procuring Entity, as well as bidders and contractors, shall observe the higheststandard 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 asfollows:

(i) 

"corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfullyenrich themselves, others, or induce others to do so, by misusingthe position in which they are placed, and includes the offering,giving, receiving, or soliciting of anything of value to influencethe action of any such official in the procurement process or incontract execution; entering, on behalf of the Procuring Entity,into any contract or transaction manifestly and grosslydisadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided inRepublic Act 3019;

(ii) 

"fraudulent practice" means a misrepresentation of facts in orderto influence a procurement process or the execution of a contractto 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-competitivelevels and to deprive the Procuring Entity of the benefits of freeand open competition;

(iii)  “collusive practices” means a scheme or arrangement betweentwo or more bidders, with or without the knowledge of theProcuring Entity, designed to establish bid prices at artificial, non-competitive levels; and

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(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 ofa contract;

(a) 

will reject a proposal for award if it determines that the bidderrecommended for award has engaged in corrupt or fraudulent practices incompeting for the Contract; and

(b)  will declare a firm ineligible, either indefinitely or for a stated period oftime, to be awarded Contract funded by the Funding Source if it at anytime determines that the firm has engaged in corrupt or fraudulent

 practices in competing or, or in executing, a Contract funded by theFunding Source.

3.2.  Further, the Procuring Entity will seek to impose the maximum civil,

administrative, and/or criminal penalties available under the applicable laws onindividuals and organizations deemed to be involved in any of the practicesmentioned in ITB Clause 3.11.1(a). 

3.3.  Furthermore, the Funding Source and the Procuring Entity reserve the right toinspect and audit records and accounts of a contractor in the bidding for and performance of a contract themselves or through independent auditors as reflectedin 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 appropriateadministrative, civil, and criminal sanctions. A Bidder may be considered to haveconflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) and a general conflict of interest in any of thecircumstances 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 anyother Bidder;

(c)  A Bidder has the same legal representative as that of another Bidder for purposes of this Bid;

A Bidder has a relationship, directly or through third parties, that puts themin a position to have access to information about or influence on the bid ofanother Bidder or influence the decisions of the Procuring Entity regardingthis bidding process. This will include a firm or an organization who lends,

or temporarily seconds, its personnel to firms or organizations which areengaged in consulting services for the preparation related to procurementfor or implementation of the project if the personnel would be involved inany capacity on the same project;

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(d)  A Bidder submits more than one bid in this bidding process. However, thisdoes not limit the participation of subcontractors in more than one bid;

(e)  A Bidder who participated as a consultant in the preparation of the design

or technical specifications of the goods and related services that are thesubject of the bid; or

(f)  A Bidder who lends, or temporary seconds, its personnel to firms ororganizations which are engaged in consulting services for the preparationrelated 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 Headof 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 Bidderhimself;

(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 controllingstockholders; 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 thesaid JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this Clausewill 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 whichat least seventy five percent (75%) of the interest belongs to citizens of thePhilippines;

(c)  Corporations duly organized under the laws of the Philippines, and ofwhich 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 citizensof the Philippines; and

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(e)  Persons/entities forming themselves into a JV, i.e., a group of two (2) ormore persons/entities that intend to be jointly and severally responsible orliable for a particular contract: Provided, however, that, in accordance withLetter 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 lessthan seventy five percent (75%) may be eligible where the structures to be built require the application of techniques and/or technologies which arenot adequately possessed by a person/entity meeting the seventy five percent (75%) Filipino ownership requirement: Provided, finally, that inthe latter case, Filipino ownership or interest shall not be less than twentyfive percent (25%). For this purpose Filipino ownership or interest shall be based on the contributions of each of the members of the joint ventureas 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 canestablish that they (a) are legally and financially autonomous, (b) operate undercommercial law, and (c) are not dependent agencies of the GOP or the ProcuringEntity.

5.4.  Unless otherwise provided in the BDS, the Bidder must have completed at leastone contract similar to the Project the value of which, adjusted to current pricesusing the National Statistics Office consumer price index, must be at leastequivalent to a percentage of the ABC stated in the BDS.

For this purpose, contracts similar to the Project shall be those described in the BDS, andcompleted within the period stated in the Invitation to Bid and ITB Clause 12.1(a)(iii). 

5.5.  Unless otherwise provided in the BDS, the Bidder must submit a computation ofits Net Financial Contracting Capacity (NFCC) or a Commitment from a Universalor Commercial bank to extend a credit line in its favor if awarded the contract forthis project (CLC).

The NFCC, computed using the following formula, must be at least equal to theABC 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 Universalor Commercial Bank. In the case of local government units (LGUs), the Bidder

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may also submit CLC from other banks certified by the  Bangko Sentral ng

 Pilipinas (BSP) as authorized to issue such financial instrument.

 Note: Implementation of the Government Procurement Policy Board (GPPB)

Resolution No. 20-2013 on the Non-Acceptance of Credit Line Certificate (CLC)as an Alternative to the Prospective Bidder's Computation of Net Financing

Contracting Capacity (NFCC).(D.O. #37, s. 2014)

6. 

Bidder’s Responsibilities 

6.1.  The Bidder or its duly authorized representative shall submit a sworn statement inthe form prescribed in Section IX. Bidding Forms as required in ITB  Clause12.1(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 theimplementation of the contract;

(c)  Having made an estimate of the facilities available and needed for thecontract to be bid, if any; and

(d)  Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 0. 

(e)  Ensuring that it is not “blacklisted” or barred from bidding by the GOP orany of its agencies, offices, corporations, or LGUs, including foreigngovernment/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, andall statements and information provided therein are true and correct;

(g)  Authorizing the Head of the Procuring Entity or its duly authorizedrepresentative/s to verify all the documents submitted;

(h)  Ensuring that the signatory is the duly authorized representative of theBidder, and granted full power and authority to do, execute and performany 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 theBidder is a corporation, partnership, cooperative, or joint venture;

(i)  Complying with the disclosure provision under Section 47 of the Act inrelation to other provisions of Republic Act 3019; and

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(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 thesite and determined the general characteristics of the contract works and theconditions for this Project. Unless otherwise indicated in the BDS, failure tofurnish all information or documentation required in this Bidding Documents shallresult in the rejection of the bid and the disqualification of the Bidder.

6.4.  It shall be the sole responsibility of the prospective bidder to determine and tosatisfy 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 andcondition of the terrain, geological conditions at the site communication facilities,

requirements, location and availability of construction aggregates and othermaterials, labor, water, electric power and access roads; and (d) other factors thatmay 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 erroneousinterpretations or conclusions by the prospective or eligible bidder out of the datafurnished by the procuring entity.

6.6.  Before submitting their bids, the Bidders are deemed to have become familiar withall existing laws, decrees, ordinances, acts and regulations of the Philippines whichmay affect the contract in any way.

6.7.  The Bidder shall bear all costs associated with the preparation and submission ofhis bid, and the Procuring Entity will in no case be responsible or liable for thosecosts, 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 thosethat have paid the nonrefundable fee for the Bidding Documents at the officeindicated in the Invitation to Bid.

7.  Origin of GOODS and Services

Unless otherwise indicated in the BDS, there is no restriction on the origin of Goods, orContracting 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

Unless otherwise specified in the BDS, the Bidder may subcontract portions of theWorks to an extent as may be approved by the Procuring Entity and stated in theBDS. However, subcontracting of any portion shall not relieve the Bidder fromany liability or obligation that may arise from the contract for this Project.

8.1.  Subcontractors must submit the documentary requirements under ITB Clause 12

and comply with the eligibility criteria specified in the BDS. In the event that anysubcontractor is found by the Procuring Entity to be ineligible, the subcontractingof such portion of the Works shall be disallowed.

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8.2.  The Bidder may identify the subcontractor to whom a portion of the Works will besubcontracted at any stage of the bidding process or during contractimplementation. If the Bidder opts to disclose the name of the subcontractorduring 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.  If so specified in the BDS, a pre-bid conference shall be held at the venue and onthe date indicated therein, to clarify and address the Bidders’ questions on thetechnical and financial components of this Project.

9.2.  Bidders are encouraged to attend the pre-bid conference to ensure that theyfully understand the Procuring Entity’s requirements. Non-attendance of the

Bidder will in no way prejudice its bid; however, the Bidder is expected to knowthe changes and/or amendments to the Bidding Documents discussed during the pre-bid conference.

9.3.  Any statement made at the pre-bid conference shall not modify the terms of the bidding documents unless such statement is specifically identified in writing as anamendment 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 forclarification(s) on any part of the Bidding Documents or for an interpretation. Sucha request must be in writing and submitted to the Procuring Entity at the addressindicated in the BDS at least ten (10) calendar days before the deadline set for thesubmission and receipt of Bids.

10.2.  Supplemental/Bid Bulletins may be issued upon the Procuring Entity’s initiativefor purposes of clarifying or modifying any provision of the Bidding Documentsnot later than seven (7) calendar days before the deadline for the submission andreceipt of Bids. Any modification to the Bidding Documents shall be identified asan amendment.

Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the

Philippine Government Electronic Procurement System (PhilGEPS) and thewebsite of the Procuring Entity concerned, if available. It shall be the responsibility

of all Bidders who secure the Bidding Documents to inquire and secureSupplemental/Bid Bulletins that may be issued by the BAC. However, bidders whohave submitted bids before the issuance of the Supplemental/Bid Bulletin must beinformed and allowed to modify or withdraw their bids in accordance with ITB Clause 23. 

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C.  Preparation of Bids

11. 

Language of Bids

The Bid, as well as all correspondence and documents relating to the Bid exchanged by theBidder 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 areaccompanied by an accurate translation in English certified by the appropriate embassy orconsulate 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 ExchangeCommission (SEC), Department of Trade and Industry (DTI) forsole proprietorship, or Cooperative Development Authority(CDA) for cooperatives, or any proof of such registration as statedin 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, unless otherwise stated in the BDS, including contractsawarded 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;

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(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, ifapplicable;

(iii.11)  value of outstanding works, if applicable;

(iii.12)  the statement shall be supported by the notices of awardand/or notices to proceed issued by the owners; and

(iii.13) 

the statement shall be supported by the ConstructorsPerformance Evaluation System (CPES) rating sheets,and/or certificates of completion and owner’s acceptance,if applicable;

(iv)  Unless otherwise provided in the BDS, valid PhilippineContractors Accreditation Board (PCAB) license and registrationfor 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 authorizedinstitutions, for the preceding calendar year which should not beearlier than two (2) years from the date of bid submission;

(vi)   NFCC computation

 Note: Implementation of the Government Procurement Policy Board(GPPB)

Resolution No. 21-2013 Regarding the Inclusion of Tax Clearance as one of the Class"A" Documents in Determining the Eligibility of the Bidders.(D.O. #47, s. 2014).

Class "B" Document:

(vii) 

If applicable, valid Joint Venture Agreement (JVA) or, in lieuthereof, duly notarized statements from all the potential jointventure partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successfulshall be included in the bid.

(b)  Technical Documents –

(i)  Bid security as prescribed in ITB Clause 18. If the Bidder opts tosubmit 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 aconfirmation from a Universal or Commercial Bank; or

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(i.2)  a surety bond accompanied by a certification coming froman authorized Insurance Commission that a surety orinsurance 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 completequalification and experience data; and

(ii.3)  List of contractor’s equipment units, which are owned,

leased, and/or under purchase agreements, supported bycertification of availability of equipment from theequipment lessor/vendor for the duration of the project;and

(iii)  Sworn statement in accordance with Section 25.2(b)(iv) of theIRR of RA 9184 and using the form prescribed in Section IX,

Bidding Forms. 

13. 

Documents Comprising the Bid: Financial Component

13.1.  Unless otherwise stated in the BDS, the financial component of the bid shall

contain the following:

(a)  Financial Bid Form in accordance with the form prescribed in Section IX,Bidding Forms; and

(b)  Any other document required in the BDS.

13.2.  Unless indicated in the BDS, all Bids that exceed the ABC shall not be accepted.

14. 

Alternative Bids

14.1.  Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be includedas 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 BiddingDocuments, including the basic technical design as indicated in the drawings andspecifications. Unless there is a value engineering clause in the BDS, alternative bids shall not be accepted.

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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 asubcontractor 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, basedon 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 theBill of Quantities. Bids not addressing or providing all of the required items in theBidding Documents including, where applicable, bill of quantities, shall beconsidered non-responsive and, thus, automatically disqualified. In this regard,

where a required item is provided, but no price is indicated, the same shall beconsidered as non-responsive, but specifying a "0" (zero) for the said item wouldmean 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, orfor any other cause, prior to the deadline for submission of bids, shall be includedin the rates, prices, and total bid price submitted by the Bidder.

15.4.  Unless otherwise provided in the BDS, all bid prices for the given scope of workin the contract as awarded shall be considered as fixed prices, and therefore notsubject to price escalation during contract implementation, except underextraordinary circumstances as indicated in the BDS and specified in GCC Clause

48 and its corresponding SCC provision.

16. 

Bid Currencies

16.1.  All bid prices shall be quoted in Philippine Pesos unless otherwise provided in theBDS. However, for purposes of bid evaluation, bids denominated in foreigncurrencies 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 amountsin various currencies in which the bid price is expressed to Philippine Pesos at theexchange rate as published in the BSP reference rate bulletin on the day of the bidopening.

16.3.  Unless otherwise specified in the BDS, payment of the contract price shall be madein Philippine Pesos.

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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, theProcuring 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 describedin 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 forfeitingits bid security, but his bid shall no longer be considered for further evaluation andaward. A Bidder granting the request shall not be required or permitted to modifyits bid.

18. 

Bid Security

18.1. 

The bid security, issued in favor of the Procuring Entity, in the amount stated inthe BDS  shall be equal to the percentage of the ABC in accordance with thefollowing schedule:

Form of Bid SecurityAmount of Bid Security

(Equal to Percentage of the ABC)

(a)  Bank draft/guarantee.

Two percent (2%)

(b)  Bid Securing Declaration

For biddings conducted by local government units, the procuring entity may alsorequire bidders to submit bid securities in the form of bank daraft/guarantee and Bid

securing declaration.

 Note: Implementing the use of Bid Securing Declaration as specifically stated underSection 27.5 Rule VII of RIRR of RA9184 thus Revoking (D.O. #97, s. 2013);(D.O.#18, s. 2014)

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18.2.  The bid security should be valid for the period specified in the BDS. Any bid notaccompanied by an acceptable bid security shall be rejected by the ProcuringEntity as non-responsive.

18.3.   No bid securities shall be returned to bidders after the opening of bids and beforecontract signing, except to those that failed or declared as post-disqualified, uponsubmission of a written waiver of their right to file a motion for reconsiderationand/or protest. Without prejudice on its forfeiture, Bid Securities shall be returnedonly after the bidder with the Lowest Calculated Responsive Bid has signed thecontract and furnished the Performance Security, but in no case later than theexpiration 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 successfulBidder’s Bid security will be discharged, but in no case later than the Bid securityvalidity 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 Clause27.3(b); 

(iii)  fails to submit the requirements within the prescribed period, or a

finding against their veracity, as stated in ITB Clause 28.2; or

(iv)  any other reason stated in the BDS.

(b)  if the successful Bidder:

(i)  fails to sign the contract in accordance with ITB Clause 31; 

(ii)  fails to furnish performance security in accordance with ITB Clause 32; or

(iii)  any other reason stated in the BDS.

19. 

Format and Signing of Bids

19.1.  Bidders shall submit their bids through their duly authorized representative

using the appropriate forms provided in Section IX on or before the deadlinespecified in the ITB Clause 21 in two (2) separate sealed bid envelopes, and

which shall be submitted simultaneously. The first shall contain thetechnical component of the bid, including the eligibility requirements under

ITB Clause 12.1, and the second shall contain the financial component ofthe bid.

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19.2.  Forms as mentioned in ITB Clause 19.1 must be completed without any alterationsto their format, and no substitute form shall be accepted. All blank spaces shall befilled in with the information requested.

19.3. 

The Bidder shall prepare an original of the first and second envelopes as describedin ITB Clauses 12 and 13.  In addition, the Bidder shall submit copies of the firstand second envelopes. In the event of any discrepancy between the original andthe 2nd copy, the original shall prevail.

19.4.  The bid, except for unamended printed literature, shall be signed, and each andevery page thereof shall be initialed, by the duly authorized representative/s of theBidder.

19.5.  Any interlineations, erasures, or overwriting shall be valid only if they are signedor initialed by the duly authorized representative/s of the Bidder.

20. 

Sealing and Marking of Bids

20.1.  Unless otherwise indicated in the BDS,  Bidders shall enclose their originaleligibility and technical documents described in ITB  Clause  12,  in one sealedenvelope marked “ORIGINAL - TECHNICAL COMPONENT”, and the originalof 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 markingthe 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 thecopies 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 betyped or written in indelible ink and shall be signed by the bidder or its dulyauthorized 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 theInvitation to Bid; and

(e)   bear a warning “DO NOT OPEN BEFORE…” the date and time for theopening of bids, in accordance with ITB Clause 21. 

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.

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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 thedate 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 themodification is received by the Procuring Entity prior to the deadline prescribedfor submission and receipt of bids. The Bidder shall not be allowed to retrieve itsoriginal bid, but shall be allowed to submit another bid equally sealed, properlyidentified, linked to its original bid marked as “TECHNICAL MODIFICATION”or “FINANCIAL MODIFICATION” and stamped “received” by the BAC. Bidmodifications received after the applicable deadline shall not be considered andshall be returned to the Bidder unopened.

23.2.  A Bidder may, through a letter of withdrawal, withdraw its bid after it has beensubmitted, for valid and justifiable reason; provided that the letter of withdrawal is

received by the Procuring Entity prior to the deadline prescribed for submissionand receipt of bids.

23.3.  Bids requested to be withdrawn in accordance with ITB  Clause 23.1 shall bereturned 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 bythe BAC before the deadline for submission and receipt of bids. A Bidder thatwithdraws its bid shall not be permitted to submit another bid, directly orindirectly, for the same contract.

23.4.   No bid may be modified after the deadline for submission of bids. No bid may bewithdrawn 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 BidForm. 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 ofadministrative, 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 theBDS 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

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shall be considered as “failed”. Otherwise, the BAC shall rate the said first bidenvelope as “passed”.

24.2.  Immediately after determining compliance with the requirements in the firstenvelope, the BAC shall forthwith open the second bid envelope of each remainingeligible bidder whose first bid envelope was rated “passed”. The second envelopeof each complying bidder shall be opened within the same day. In case one or moreof the requirements in the second envelope of a particular bid is missing,incomplete or patently insufficient, and/or if the submitted total bid price exceedsthe ABC unless otherwise provided in ITB Clause 13.2, the BAC shall rate the bidconcerned as “failed”. Only bids that are determined to contain all the bidrequirements 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 theenvelope containing the corresponding withdrawn bid shall be returned to the

Bidder unopened. If the withdrawing Bidder’s representative is in attendance, theoriginal 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 returnedunopened by registered mail. The Bidder may withdraw its bid prior to the deadlinefor the submission and receipt of bids, provided that the corresponding letter ofwithdrawal contains a valid authorization requesting for such withdrawal, subjectto appropriate administrative sanctions.

24.4.  If a Bidder has previously secured a certification from the Procuring Entity to theeffect that it has previously submitted the above-enumerated Class “A”Documents, the said certification may be submitted in lieu of the requirementsenumerated 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 theappropriate equivalent documents, if any, issued by the country of the foreignBidder concerned.

24.6.  Each partner of a joint venture agreement shall likewise submit the documentsrequired in ITB  Clauses 12.1(a)(i) and 12.1(a)(ii).  Submission of documentsrequired 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 tofile a request for reconsideration with the BAC: Provided, however, that therequest for reconsideration shall not be granted if it is established that the findingof failure is due to the fault of the Bidder concerned: Provided, further, that theBAC shall decide on the request for reconsideration within seven (7) calendar daysfrom receipt thereof. If a failed Bidder signifies his intent to file a request forreconsideration, the BAC shall keep the bid envelopes of the said failed Bidderunopened and/or duly sealed until such time that the request for reconsideration or protest has been resolved.

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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 Secretariatand TWG, are prohibited from making or accepting any kind of communicationwith any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in the BDS or in the case of ITB Clause26.

25.2.  Any effort by a bidder to influence the Procuring Entity in the Procuring Entity’sdecision in respect of Bid evaluation, Bid comparison or contract award will resultin 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 ofBids 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 shallundertake 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 tohighest. The bid with the lowest price shall be identified as the Lowest

Calculated Bid.

27.3. 

The Procuring Entity's BAC shall immediately conduct a detailed evaluation of all bids rated “passed,” using non-discretionary “pass/fail” criterion. Unless otherwisespecified in the BDS, the BAC shall consider the following in the evaluation of bids:

(a)  Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing or providing all of the required items in the Scheduleof Requirements including, where applicable, bill of quantities, shall beconsidered non-responsive and, thus, automatically disqualified. In thisregard, where a required item is provided, but no price is indicated, thesame shall be considered as non-responsive, but specifying a "0" (zero) forthe said item would mean that it is being offered for free to the Procuring

Entity; and

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(b)  Arithmetical corrections. Consider computational errors, omissions, andother bid modifications, if allowed in the BDS, to enable propercomparison of all eligible bids. Any adjustment shall be calculated inmonetary 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 totalcalculated bid prices, as evaluated and corrected for computational errors,

discounts and other modifications, to identify the Lowest Calculated Bid. Totalcalculated bid prices, as evaluated and corrected for computational errors,discounts and other modifications, which exceed the ABC shall not be considered.

27.5.  Unless otherwise indicated in the BDS, the Procuring Entity’s evaluation of bidsshall 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, andother fiscal levies and duties which shall be itemized in the bid form and reflectedin the detailed estimates. Such bids, including said taxes, shall be the basis for bidevaluation and comparison.

28. 

Post Qualification

28.1.  The Procuring Entity shall determine to its satisfaction whether the Bidder that isevaluated as having submitted the Lowest Calculated Bid (LCB) complies withand is responsive to all the requirements and conditions specified in ITB Clauses5, 12, and 13. 

28.2.  Within a non-extendible period of three (3) calendar days from receipt by theBidder of the notice from the BAC that it submitted the LCB, the Bidder shallsubmit 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.

The determination shall be based upon an examination of the documentaryevidence of the Bidder’s qualifications submitted pursuant to ITB Clauses 12 and13,  as well as other information as the Procuring Entity deems necessary andappropriate, using a non-discretionary “pass/fail” criterion.

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28.3.  If the BAC determines that the Bidder with the Lowest Calculated Bid passes allthe criteria for post-qualification, it shall declare the said bid as the LowestCalculated Responsive Bid, and recommend to the Head of the Procuring Entitythe 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. 

28.4.  A negative determination shall result in rejection of the Bidder’s Bid, in whichevent the Procuring Entity shall proceed to the next Lowest Calculated Bid to makea similar determination of that Bidder’s capabilities to perform satisfactorily. If thesecond Bidder, however, fails the post qualification, the procedure for postqualification 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.

28.5.  Within a period not exceeding seven (7) calendar days from the date of receipt ofthe recommendation of the BAC, the Head of the Procuring Entity shall approve

or disapprove the said recommendation. In the case of government owned andgovernment-owned and/or -controlled corporations (GOCCs) and governmentfinancial 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 ProcuringEntity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that amisrepresentation has been made by the said bidder, or that there has been a changein the Bidder’s capability to undertake the project from the time it submitted its

eligibility requirements. Should such review uncover any misrepresentation madein the eligibility and bidding requirements, statements or documents, or anychanges in the situation of the Bidder which will affect its capability to undertakethe project so that it fails the preset eligibility or bid evaluation criteria, theProcuring Entity shall consider the said Bidder as ineligible and shall disqualify itfrom submitting a bid or from obtaining an award or contract.

29.2.  Based on the following grounds, the Procuring Entity reserves the right to rejectany and all Bids, declare a Failure of Bidding at any time prior to the contractaward, or not to award the contract, without thereby incurring any liability, andmake 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 publicofficers or employees of the Procuring Entity, or between the BAC andany of the bidders, or if the collusion is between or among the biddersthemselves, or between a bidder and a third party, including any act whichrestricts, suppresses or nullifies or tends to restrict, suppress or nullifycompetition;

(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:

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(i)  If the physical and economic conditions have significantlychanged 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 ofthe procuring entity; and

(iii)  If the source of funds for the project has been withheld or reducedthrough 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 theBidder whose Bid has been determined to be the Lowest Calculated andResponsive Bid (LCRB).

30.2.  Prior to the expiration of the period of Bid validity, the Procuring Entity shallnotify 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 LCRBand submitted personally or sent by registered mail or electronically to theProcuring 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 fromreceipt by the Bidder of the notice that it has the Lowest Calculated andResponsive Bid:

(i)  Valid JVA, if applicable, within ten (10) calendar days;

(ii)  Valid PCAB license and registration for the type and cost of thecontract to be bid for foreign bidders, within thirty (30) calendardays, 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; 

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(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 Bidhas been accepted, the Procuring Entity shall send the Contract Form to the Bidder,which Contract has been provided in the Bidding Documents, incorporatingtherein all agreements between the parties.

31.2.  Within ten (10) calendar days from receipt of the Notice of Award, the successfulBidder shall post the required performance security, sign and date the contract andreturn 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 requirementsare 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/orspecified in the BDS.

(h)  CARI-Contractors All Risk Insurance-(Annex “H”) for contracts of Php

1,000,000.00 and above.

32.  Performance Security

32.1.  To guarantee the faithful performance by the winning Bidder of its obligationsunder the contract, it shall post a performance security within a maximum periodof ten (10) calendar days from the receipt of the Notice of Award from theProcuring Entity and in no case later than the signing of the contract.

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32.2.  The performance security shall be denominated in Philippine Pesos and posted infavor of the Procuring Entity in an amount equal to the percentage of the totalcontract price in accordance with the following schedule:

Form of Performance Security Amount of Performance Security(Equal to Percentage of the TotalContract Price)

(a)  Cash or cashier’s/manager’s check

issued by a Universal orCommercial Bank.

Ten percent (10%)

(b)  Bank draft/guarantee or irrevocableletter of credit issued by a Universalor Commercial Bank: Provided,however, that it shall be confirmedor authenticated by a Universal orCommercial Bank, if issued by a

foreign bank.(c)  Surety bond callable upon demand

issued by a surety or insurancecompany duly certified by theInsurance Commission asauthorized to issue such security;and/or

Thirty percent (30%)

(d)  Any combination of the foregoing. Proportionate to share of form withrespect to total amount of security

32.3.  Failure of the successful Bidder to comply with the above-mentioned requirementshall constitute sufficient ground for the annulment of the award and forfeiture ofthe bid security, in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall berepeated until the Lowest Calculated and Responsive Bid is identified and selectedfor contract award. However if no Bidder passed post-qualification, the BAC shalldeclare the bidding a failure and conduct a re-bidding with re-advertisement.

33. 

Notice to Proceed

33.1.  Within three (3) calendar days from the date of approval of the Contract by theappropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder.

33.2.  The date of the Bidder’s receipt of the Notice to Proceed will be regarded as theeffective date of the Contract, unless otherwise specified in the BDS. 

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Section I I I . Bid Data Sheet  

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Bid Data Sheet

ITB Clause

1.1 The PROCURING ENTITY is DPWH-Isabela 4th District Engineering Office,

Quezon, San Isidro, Isabela

The name of the Contract is: Construction of 2 STY 6-CL School Building;

Santiago City NHS-Sinsayon, Santiago City

The identification number of the Contract is: 15BH0064 (Re-advertisement)

2 The Funding Source is: The Government of Phi l ippines (GOP) through the

DepEd GAA FY2015 fund P8,273,390.20

5.1 No further instructions. 

5.2 Bidding is restricted to eligible bidders as defined in ITB Clause 5.1

5.4 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.

For this purpose, similar contracts shall refer to  BIL - Buildings/Industrial Plant -

 Low Rise 5.5 No further instructions.

6.3 No further instructions. 

7 No further instructions. 

8.1 “Subcontracting is not allowed subject to the Law and DPWH Policies” 

8.2 “ Not applicable”.

9.1 The Procuring Entity will hold a pre-bid conference for this Project on:

November 12, 2015 9:00 AM

10.1 The Procuring Entity’s address is:

FERNANDO C. SALIM 

Chief, Maintenance Section 

Chairman, BAC for Civil Works

Isabela 4th District Engineering Office

San Isidro, Isabela 

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12.1 The first envelope shall contain the eligibility and technical documents stated in

the ITB Clause. However, if the Bidder maintains a current and updated file of

his Class “A” Documents with the Procuring Entity, a written letter of intent may

 be submitted in lieu of the Class “A” Documents; otherwise, it shall submit an

application for eligibility and its latest Class “A” Documents on or before

Novem ber 24 , 2015 at 9 :00 AM   Any application for eligibility or updates

submitted after the deadline for the submission of the letter of intent shall not be

considered for the bidding at hand.

12.1 (a)(i) “ No other acceptable proof of registration is recognized.” 

12.1 (a)(iii)  No further instructions. 

12.1(a)(iv)  No further instructions.

12.1(b)(ii)

(ii.2)

Personal Capabilities

The key personal should meet the following number of years’ work experience.

Position No. of

Personnel

Total Experience

(years)

Same Position in

Similar Works

(years)

Project Engineer

Accredited Materials &

Materials Engineer II

Construction Foreman

1

1

1

5

5

5

3

3

3

1. Total Experience “means total years’ experience (of any nature in construction and

engineering consultancy services.

12.1(b)(ii)

(ii.3)

Minimum Plant/Equipment Requirements for the Project

13.1 “No additional Requirements” 

13.2 The ABC is P8,273,390.20, Any bid with a financial component exceeding this

amount shall not be accepted.

14.2 “ No further instructions.”

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15.4 Bid Prices shall be fixed. Adjustable price proposals shall be treated as non-

responsive and shall be rejected.

Price escalation may be allowed in extraordinary circumstances as may be

determined by the National Economic and Development Authority in accordancewith the Civil Code of the Philippines, and upon the recommendation of the

Procuring Entity. 

16.1 The bid prices shall be quoted in Philippine Pesos. 

16.3 No further instructions. 

17.1 Bids will be valid until one hundred twenty (120) calendar days from the date of

opening of bids.

18.1 The bid security shall be in the following amount:

1.  2% of ABC, bank draft/guarantee;

2.  Bid Securing Declaration 

18.2 The bid security shall be valid until one hundred twenty (120) calendar days from

the date of opening of bids.

18.5(a)(iv) include the following as additional grounds for forfeiture of bid security:

1.  Submission of eligibility requirements containing false information orfalsified documents.

2.  Submission of bids that contain false information or falsified documents, orthe concealment of such information in the bids in order to influence theoutcome of eligibility screening or any other stage of the public bidding.

3.  Allowing the use of one’s name, or using the name of another for purposesof public bidding.

4.  Withdrawal of a bid, or refusal to accept an award, or enter into contract with

the Government without justifiable cause, after the Bidder had beenadjudged as having submitted the Lowest Calculated and Responsive Bid.

5.  Refusal or failure to post the required performance security within the prescribed time.

6.  Refusal to clarify or validate in writing its bid during post-qualificationwithin a period of seven (7) calendar days from receipt of the request forclarification.

7.  Any documented unsolicited attempt by a bidder to unduly influence theoutcome of the bidding in his favor.

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8.  Failure of the potential joint venture partners to enter into the joint ventureafter the bid is declared as successful.

9.  All other acts that tend to defeat the purpose of the competitive bidding, such

as habitually withdrawing from bidding, submitting late Bids or patentlyinsufficient bid, for at least three (3) times within a year, except for validreasons.

18.5(b)(iii) No further instructions.

20.1 No further instructions. 

20.3 Each Bidder shall submit one (1) original and two (2) copies of the first and second

components of its bid.

21 The address for submission of bids is

The BAC Chairman,

Bids and Award Committee for Civil Works

DPWH-Isabela 4th District Engineering Office,

San Isidro, Isabela

The deadline for submission of bids is Novem ber 24 , 2015 at 9 :00 AM  

24.1 The place of bid opening is

DPWH-Isabela 4th District Engineering Office,

San Isidro, Isabela

The date and time of bid opening is  Novem ber 24 , 2015 at 1 1 :00 AM  

25.1 No further instructions. 

27.3 No further instructions. 

27.3(b) Bid modification is not allowed.

27.5 No further instructions. 

28.2(b) Bidders have option to submit manually filed tax returns or tax returns filedthrough 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) No further instructions. 

31.4(g) 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 andEmployment, and PERT/CPM.

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33.2 The effective date of the Contract is (7) calendar days from the issuance of the

 Notice to Proceed.

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Section V. Special Conditions of Contract

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Special Conditions of Contract

GCC Clause

1.16 The Intended Completion Date is: 150 CD from the effective date of

the contract including Sundays and Holidays and Rainy Days.

1.21 The Procuring Entity is DPWH-I sabela 4 th  Distr ict Engineeri ng

Off ice, San Isidro, Isabela  

1.22 The Procuring Entity’s Representative is FERNANDO C. SALIM DPWH -I sabela 4 th  Distri ct Engineeri ng Off ice,

San Isidro, I sabela

1.23 The Site is located at: Santiago City NHS-Sinsayon, Santiago City

1.27 The Start Date is upon the issuance of the Notice to Proceed.

1.30 The Works consist of : Building Construction 

2.2 No further instructions

5.1 The Procuring Entity shall give possession of all parts of the Site to the

Contractor  

6.5 The Contractor shall employ the following Key Personnel:

Position No. of

Personnel

Total

Experience

(years)

Same Position in

Similar Works

(years)

Project Engineer

Accredited Materials &

Quality Control Engineer II

Construction Foreman

1

1

1

5

5

5

3

3

3

7.1 No further instructions.

7.4(c) No further instructions”.

8.1 No further instructions.

9.1 The applicable liquidated damages is at least one tenth (1/10) of one

 percent of the cost of the unperformed portion for every day of delay.

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The maximum deduction shall be ten percent (10%) of the amount of the

contract, the Procuring Entity shall rescind the contract, without

 prejudice to other courses of action and remedies open to it.

10 The site investigation reports are: none 

12.5 Five (5) years 

13 All partners to the joint venture shall be jointly and severally liable to the

Procuring Entity.” 

21.2 The Arbiter is:

21.3 No further instructions. 

26.1 No further instructions. 

29.1 No day works are applicable at the Contract

31.1 The Contractor shall submit the Program of Work to the Procuring

Entity’s Representative within 10 days of delivery of the Letter of

Acceptance.

31.3 The period between Program of Work updates is __ days.

The amount to be withheld for late submission of an updated Program of

Work is 1% of the progress billing 

34.3 The Funding Source: Government of the Phil ippines thr ough the DepEd

GAA FY2015 fund

37.1 No further instructions.

39.1 The amount of the advance payment is 15% of the Contract Price to be

recouped every progress billing 

40.1 No further instructions.

40.3 No further instructions.

42.2 No further instructions.

48 No further instructions.` 

51.1 The date by which operating and maintenance manuals are required is not

applicable.

The date by which “as built” drawings are required. 120 days from

completion. 

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 1% of

the final contract amount.. 

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Section VI . Specif ications

STANDARD SPECIFICATIONS FOR

HIGHWAYS AND BRIDGES

(REVISED CY-2004)

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Section VI -A. Particular Specif ications  

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SPL-1: CONSTRUCTION SAFETY AND HEALTH

A.1 Health and Safety Plan

Within one month of his arrival on site the Contractor shall submit a Health and Safety Planwith operational details of his proposals to the engineer for his approval.

A.2 Accident Prevention Officer; accidents

1. Due precautions shall be taken by the Contractor, at his own cost, to ensure the safety and protection against accidents of all staff and labour engaged on the works, local residents inthe vicinity of the works, and the public travelling through the works.

2. The contractor shall have on his staff on site a designated full-time officer qualified to promote and maintain safe working practices. This offer shall have authority to issue instructionsand shall take protective measure to prevent accidents, including but not limited to establishmentof safe working practices and training of staff and labour in their implementation.

3. The contractor shall be responsible for all costs including medical treatment, transport,accommodation , etc. incurred by any member of the public or his labour forces whether on directcontract or sub-contract as a result of injuries or illness arising from the execution of theworks.

A.3 Protective Clothing and Safety Equipment

1. The contractor shall at his own expense provide protective clothing and safety equipmentto all staff and labour engaged on the works to the satisfaction of the Engineer. Such clothingand equipment shall include, at a minimum, high visibility vests for workers directing traffic, protective footwear for workmen undertaking concrete mixing work, protective footwear andgloves for any workmen performing bituminous paving works, protective footwear and otherwiseas appropriate to the job in hand and to the Engineer’s satisfaction.

2. If the contractor fails to provide such clothing and equipment the employer shall be entitled to provide the same and recover the cost from the Contractor.

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A.4 Medical and First-Aid Facilities

The contractor shall provide and maintain throughout the duration of the Contract, a medical

examining room and sick bay together with all necessary supplies and equipment to be sited

in the Contractor’s camp. The rooms shall be used exclusively for medical purposes and shall be of good quality construction with electric lighting and otherwise suitable for their purpose.

The sick bay shall have at least two beds, and shall be provided with adjacent washing andsanitation facilities.

The contractor shall employ part time Medical Practitioner and first aider on site who shall beengaged solely for medical duties.

The contractor shall at his own expense provide first air at all camps and work sites to thesatisfaction of the Engineer, and shall ensure that all camps and works shall at all times have a

 person qualified in first-aid with access to appropriate first aid-equipment.

The location of the medical room and other first-aid facilities shall be made known to all employees by posting suitable notices at prominent locations around the site and by verbal instruction uponrecruitment.

A.5 Supply of Drinking Water, Sanitation

The Contractor shall provide on the Site and at his own expense an adequate supply of potable

drinking water for all staff and labour engaged on the works, together with sanitary facilities(portable toilets or latrines), to the satisfaction of the Engineer. The Contractor shall thoroughlydisinfect and fill all latrine pits, sumps and trenches when no longer required

A.6 Measurement and Payment

Safety and Health will be measured and paid in accordance with the current DPWH DepartmentOrder No. 56, series 2005, Re “Guidelines for the Implementation of DOLE D.O. No. 13, series of1998, Governing Occupational Safety and health in the Construction Industry.”

The unit of measure for the provision of Safety and Health shall be lump sum.

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Section VI I . Drawings

PLEASE SEE SEPARATE BOOKLET 

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Section VI I I . Bi l l of Quanti ties

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Department of Public Works and Highways (DPWH)

Contract ID :15BH0064 (Re-advertisement)  

Contract Name: Construction of 2 STY 6-CL School Building

Location of Contract: Santiago City NHS-Sinsayon, Santiago City

BILL OF QUANTITIES

ItemDescription Unit Quantity Unit Price (Php) Amount (Php)

803Excavation of footing, tie

grade beam & wall footingCu.m 151.32

In words: ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________ ___________________

In figures:

 ___________________  

804(a) Backfilling Cu.m 93.53

In words: ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________

 ___________________In figures: ___________________  

804(b)1 Filling Materials Cu.m. 235.31

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

804(b) Gravel bedding Cu.m. 45.70

In words: ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________ ___________________

In figures:

 ___________________  

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1000(a) Soil poisoning Sq.m. 805.32

In words:

 ___________ ___________________

 ___________________In figures: ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

900(a) R.C. column footing Cu.m. 32.65

In words: ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________ ___________________

In figures: ___________________  

900(b)1R.C. wall footing, fire

escape footingCu.m. 1.83

In words:

 ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________ ___________________

In figures:

 ___________________  

900(b)2 R.C tie grade beam Cu.m. 23.45

In words:

 ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________ ___________________

In figures:

 ___________________  

900cR.C column, PC, stiffer &

fire escapeCu.m. 35.41

In words:

 ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________ ___________________

In figures:

 ___________________  

900(d)1 R.C beam Cu.m 20.71

In words:

 ___________ ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________ ___________________

In figures:

 ___________________  

900(d)2 R.C roof beam Cu.m 16.43

In words:

 ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

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900e R.C. suspended slab Cu.m. 25.39

In words:

 ___________ ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

900(d) R.C. stair Cu.m 4.91

In words:

 ___________ ___________________ ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

900e R.C. SOF, corridor & ramp Cu.m. 32.96

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

900(f) R.C. sun breaker Cu.m. 2.03

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures: ___________________  

404(a)Reinforcing steel for

column footingkgs. 2,486.74

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

404(b)1Reinforcing steel for wall

footingkgs. 148.92

In words:

 ___________ ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

404(b)2Reinforcing steel for footing

tie beamkgs. 4,451.95

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

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404c

Reinforcing steel forcolumn, PC, stiff & fire

escapeKgs. 15,002.70

In words: ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________ ___________________

 ___________________In figures:

 ___________________  

404(d)1 Reinforcing steel for beams Kgs. 4,992.90

In words:

 ___________

 ___________________ ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

404(d)2Reinforcing steel for roof

 beamsKgs. 3,251.31

In words:

 ___________ ___________________

 ___________________

In figures: ___________________

In words: ___________ ___________________

 ___________________

In figures: ___________________  

404(e)1 Reinforcing steel for slab Kgs. 3,154.37

In words:

 ___________

 ___________________ ___________________In figures:

 ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

404(e)2 Reinforcing steel for stairs Kgs. 710.38

In words:

 ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________ ___________________

 ___________________

In figures: ___________________  

404(e)3 Reinforcing steel for SOF Kgs. 984.84

In words: ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

404(f)

Reinforcing steel for sun

 breaker Kgs. 205.55

In words: ___________

 ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

506(1) Masonry works Sq.m. 664.71

In words:

 ___________

 ___________________ ___________________

In figures:

 ___________________

In words: ___________ ___________________

 ___________________

In figures: ___________________  

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1027 Cement plaster finish Sq.m. 2,274.42

In words:

 ___________ ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

1021cPlain cement plaster fin. w/

hardener, non-skidSq.m. 544.82

In words:

 ___________ ___________________ ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

1021c-

1

 Non-skid cement floorfinish/ 6mm groove lines

Sq.m. 6.73

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

1010(b) Door Sq.m. 39.60

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures: ___________________  

1005a Jalousie window Sq.m. 72.49

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

1011Grills, railings & fire

escape(stair)Ln.m. 182.60

In words:

 ___________ ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

1003(1) Carpentry Sq.m. 374.37

In words:

 ___________

 ___________________ ___________________

In figures: ___________________

In words: ___________ ___________________

 ___________________

In figures:

 ___________________  

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1003(2) Carpentry-blackboard Sq.m. 35.14

In words: ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

1013 Corrugated metal roofing Sq.m. 435.89

In words: ___________

 ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

402(a) Roof framing works Sets 6.00

In words: ___________

 ___________________

 ___________________In figures: ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

1102(b) Plumbing works Lot 1.00

In words:

 ___________

 ___________________ ___________________

In figures:

 ___________________

In words: ___________ ___________________

 ___________________

In figures: ___________________  

1013 Tile works Sq.m. 87.81

In words: ___________

 ___________________ ___________________

In figures: ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

1032(a-1)

Masonry painting Sq.m. 2,530.16

In words:

 ___________

 ___________________ ___________________

In figures:

 ___________________

In words: ___________ ___________________

 ___________________

In figures:

 ___________________  

1032(a-2)

Wooden painting Sq.m. 191.86

In words:

 ___________ ___________________ ___________________

In figures:

 ___________________

In words: ___________ ___________________

 ___________________

In figures:

 ___________________  

1032(a-3)

Metal painting Sq.m. 34.38

In words:

 ___________

 ___________________ ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

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1100 Conduit, boxes and fittings Ln.m. 390.00

In words:

 ___________ ___________________

 ___________________

In figures: ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

1101 Wires and wirings devices Ln.m. 1,866.00

In words:

 ___________ ___________________ ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

1102(a) Lighting fixtures Sets 62.00

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________ ___________________In figures:

 ___________________  

SPL1 Scaffolding & Staging Sq.m. 727.95

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures: ___________________  

SPL2 Soil exploration LS 2.00

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

SPL3 Progress photograph LS

In words:

 ___________ ___________________

 ___________________In figures:

 ___________________

In words: ___________

 ___________________

 ___________________

In figures: ___________________  

SPL4 Mobilization/demobilization LS

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________

 ___________________

 ___________________In figures:

 ___________________  

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SPL5Temporary

 bunkhouse/warehousemonths 5.00

In words:

 ___________ ___________________

 ___________________

In figures: ___________________

In words: ___________ ___________________ ___________________

In figures: ___________________

SPL6Personal protective

equipmentLS

In words:

 ___________ ___________________ ___________________

In figures:

 ___________________

In words: ___________ ___________________ ___________________In figures: ___________________

SPL7 Safety & health personnel LS

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words:

 ___________ ___________________ ___________________In figures: ___________________

SPL8 Signages & barricades Pcs 4.00

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________ ___________________ ___________________In figures: ___________________

In words:

 ___________ ___________________

 ___________________

In figures:

 ___________________

In words: ___________ ___________________ ___________________In figures: ___________________

TOTAL:

In words: ___________ ___________________ ___________________In figures: ___________________

Submitted by: Date:

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Department of Public Works and Highways (DPWH)

Contract ID : 15BH0064 (Re-advertisement)  

Contract Name: Construction of 2 STY 6-CL School Building  

Location of Contract: Santiago City NHS-Sinsayon, Santiago City

LIST OF CONTRACTOR’S EQUIPMENT PLEDGED TO THE CONTRACT

Description No of

Units(s)

Model/YearCapacity /

Performance

 / Size

Plate

No.

MotorNo. /

BodyNo.

Location ConditionProof of

Ownership /

Lease/Purchase

A. Owned

B. Leased

C. UnderPurchaseAgreements

Failure of the prospective Bidders to state a complete technical description of the pledge equipment and the specific

location, whether owned, leased or under purchase agreement shall result in the bidder’s automatic post-disqualification

for award of contract and forfeiture of its security.

 ________________________________________ _____________________________

(Name/Signature of Bidder’s Representative) (Date)

 _______________________________________

(Name of Bidder)

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Section IX. Bidding Forms

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Bid Form

Date:_______________________IAEB1 No:___________________

To: The Distri ct Engineer  

DPWH Isabela 4th District Engineering OfficeSan Isidro, Isabela

We, the undersigned, declare that:

(a) We have examined and have no reservation to the Bidding Documents, including Addenda,

for the Contract: Construction of 2 STY 6-CL School Bui lding; Santiago City NHS-Sinsayon,

Santiago City  (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 in item (d) below is:

 __________________________

The discounts offered and the methodology for their application are: _____________;

(c) Our Bid shall be valid for a period of __________ days from the date fixed for the Bidsubmission 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 _________________ 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, otherthan 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 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: ________________________

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Form of Contract Agreement

 ___________________________________________________________

THIS AGREEMENT, made this ____ day of ___________, 2015 between DPWHIsabela 4th  District Engineering Office, Cordon, Isabela (hereinafter called the  “Entity”)and_______________________________________________________[name and address of  Contractor] (hereinafter called the “Contractor”).

WHEREAS, the Entity is desirous that the Contractor execute_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter called “theWorks”) and the Entity has accepted the Bid for [insert the amount in specified currency innumbers and words] by the Contractor for the execution and completion of such Works andthe remedying of any defects therein.

 NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings as arerespectively assigned to them in the Conditions of Contract hereinafter referredto.

2. The following documents shall be attached, deemed to form, and be read andconstrued as part of this Agreement, to wit:

a.  Bidding Documents for the Contract

1) 

General conditions of contract

2)  Special Conditions of Contract

3)  Drawings/Plans

4)  Specifications

5)  Invitation to Apply for Eligibility and to Bid

6)  Instructions to Bidders

7)  Bid Data Sheet

8)  Addenda and/or Supplemental/Bid Bulletins, if any;

9) 

Bid form, including all the documents/statements contained in the

Bidder’s bidding envelopes, as annexes

10) Eligibility requirements, documents and/or statements;

11) Performance Security

12)  NFCC

13)  Notice of Award of Contract and the Bidder’s conforme thereto

14) Other contract documents that may be required by existing laws and/or the

Entity.

15) 

CARI-Contractor’s All Risk Insurance

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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 executeand 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 executionand completion of the Works and the remedying of defects wherein, theContract 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 executedthe 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]

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Omnibus Sworn Statement

 ________________________________________________________________

REPUBLIC OF THE PHILIPPINES)CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D A V I T

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , of legal age, __________ , _____________, andresiding at _____________________________, after having been duly sworn in accordance withlaw, do hereby depose and state that:

1. Select one, delete the other :

 If a sole proprietorship: I am the sole proprietor of ___________________ with officeaddress at _________________________________; If a partnership, corporation, cooperative, or joint venture: I am the duly authorizedand designated representative of _______________________ with office address at ____________________________________;

2. Select one, delete the other :

 If a sole proprietorship: As the owner and sole proprietor of __________________, I

have full power and authority to do, execute and perform any and all acts necessary torepresent it in the bidding for _________________________________ of theDPWH Central Office;

 If a partnership, corporation, cooperative, or joint venture: I am granted full powerand authority to do, execute and perform any and all acts necessary and/or to representthe _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _in the bidding as shown in the attached [statetitle of attached document showing proof of authorization (e.g., duly notarizedSecretary’s Certificate issued by the corporation or the members of the joint venture)] ;

3. _____________________ is not “blacklisted” or barred from bidding by theGovernment of the Philippines or any of its agencies, offices, corporations, or

Local Government Units, foreign government/foreign or international financinginstitution whose black- listing rules have been recognized by the GovernmentProcurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an authenticcopy of the original, complete, and all statements and information providedtherein are true and correct;

5. ________________________ is authorizing the Head of the Procuring Entity or itsduly authorized representative(s) to verify all the documents submitted;

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6. Select one, delete the rest:

 If a sole proprietorship: I am not related to the Head of the Procuring Entity, membersof 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] isrelated 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 ProjectManagement Office or the end-user unit, and the project consultants by consanguinity oraffinity up to the third civil degree;

 If a corporation or joint venture: None of the officers, directors, and controllingstockholders 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 aBidder:

a)  Carefully examine all of the Bidding Documents;

 b) Acknowledge all conditions, local or otherwise, affecting the implementation ofthe 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

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Department of Public Works and Highways (DPWH)

Contract ID : 15BH0064 (Re-advertisement)

Contract Name: Construction of 2 STY 6-CL School Building  

Location of Contract: Santiago City NHS-Sinsayon, Santiago City

KEY PERSONNEL’S AFFIDAVIT OF COMMITMENT TO WORK

ON THE CONTRACT

 Date

The District Engineer DPWH- Isabela 4th District Engineering Office

San Isidro, Isabela 

Dear Sir/Madame:

1. I confirm that has engaged my services for the position of in the

above stated Contract if it is awarded to the Contractor.

2. I, therefore, commit to assume the said position in the above stated Contract once it is awarded

to the Contractor, and I shall employ the best care, skill, and ability to perform the duties of

such position in accordance with the Conditions of Contract, Specifications, Drawings, and

other provisions of the Contract Agreement. I am aware that I have to stay in the jobsite for the

duration of my assignment.

3.  I do not allow the use of my name to enable the Contractor to qualify for the above statedContract without my commitment to assume the said position, since I understand that to do soshall be a sufficient ground for my disqualification from this Contract and future biddings ofthe DPWH.

4.  I submit, and certify as true and correct, my biodata as follows:

a.   Name : ____________________________ b.  Date of Birth : ____________________________c.   Nationality : ____________________________d.  Educational Attainment : ____________________________e.  Specialty : ____________________________f.  PRC License No. and Date : ____________________________g.  Employment Record : ____________________________

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 Name & Address of Employer Position From

Mo./Yr.

To

Mo./Yr.

Total Period

Yrs. & Mos.

h.  Work Experience (Projects Handled):i. Proj. Name & Location

ii. Owner’s Name & Address

iii. My Position

i. Proj. Description

ii. Total Proj. Cost

i. Part of Proj. I

Handled

ii. Cost of Part

i. Start Date

ii. Compl. Date

Completed Projects:

On-going Projects:

Very truly yours,

 Name and Signature of Personnel

 Noted by:

 Name and Signature of Contractor’s Authorized Representative

REPUBLIC OF THE PHILIPPINES )

CITY OF ______________)

SUBSCRIBED and SWORN TO before me this _____ day of ______________, 20 ___ at __________________,

affiant exhibiting to me his/her Residence Certificate No. __________ issued at __________________________ on _______________________.

 __________________

 Notary Public

Doc. No. ___________________ Until __________________

Page No. ___________________ PTR No. __________________

Book No. ___________________ Issued at __________________

Series No. ___________________ Issued on __________________

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 (a) Bank Draft/ Guarantee:-------------------------------------------- 2.0% of ABC

(b) Bid Securing Declaration.

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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

Contract : 

Contract Name : 

Contract Location :

CHECKLIST OF FINANCIAL PROPOSAL REQUIREMENTS FOR THE BAC

CONTRACT: _______________________________________________ DATE: __________________

 _______________________________________________

 _______________________________________________

BIDDER: _______________________________________________

 _______________________________________________

CHECKLIST OF BID REQUIREMENTS

FINANCIAL ENVELOPE Shall contain the following information/documentsa and shall be opened ONLY if the bidder has complied with the requirements in the Technical Envelope

   P  r  o  v   i  s   i  o  n  a   l   B   A   C   M  e  m   b  e  r

  P  r  o  v   i  s   i  o  n  a   l   B   A   C   M  e  m   b  e  r

     R  e  g  u   l  a  r   B   A   C   M  e  m   b  e  r

  R  e  g  u   l  a  r   B   A   C   M  e  m   b  e  r

  B   A   C   C   h  a   i  r  m  a  n

 

Initials of BAC Members ifDocument is included.

1. Duly signed Bid Prices in the Bill of Quantities

2. Duly signed Detailed Estimates

3. Duly signed Cash Flow by Quarter and Payment Schedule

 Note: Any missing document in the above mentioned checklist is a ground for outright rejection of the bid.

Remarks: ( ) Complying ( ) Non-complying

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