NOTICE TO PROCEED · Web viewTax Clearance from BIR to prove full and timely payment of taxes For a local contractor, Certification under oath stating the Contractor is free and clean

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

Contract ID : 17KC0051Contract Name: : SPECIAL MAINTENANCE (PAVING SHOULDER) ALONG

MARAMAG – MARADUGAO ROADLocation of the Contract : KALILANGAN, BUKIDNON

DPWH, Bukidnon 3rd District Engineering OfficeDicklum, Manolo Fortich, Bukidnon

NOTICE TO PROCEED

_______________ Date

Ms. HELEN B. LAGUYAN ProprietorE AND H CONSTRUCTION AND SUPPLYBrgy. 5, Poblacion, Talakag, Bukidnon

Dear Madam:

Since the attached Contract Agreement with you for the above-stated Contract has been approved, we hereby instruct you to proceed, effective upon the date of your receipt of this Notice, with the implementation of the provisions of the Contract, in accordance with the terms of the Contract Agreement, including the Conditions of the Contract, Specifications, and Drawings.

Please acknowledge your receipt and acceptance of this Notice by signing both copies thereof in the space provided below. Keep one copy and return the others to us.

Very truly yours,

DENISE MARIA M. AYAGDistrict Engineer

I acknowledge receipt of this Notice on _________________________________________________________Name and Signature of Contractor’s Representative __________________________Position:

DPWH, Bukidnon 3rd District Engineering Office------------------------------------------------------------------------------------------------------------------------------------------------------------

DPWH-INFR-52-2016 Page 1 of 1




Dicklum, Manolo Fortich, Bukidnon

NOTICE OF AWARD

______________ Date


Dear Madam: We hereby accept your bid for the above-stated Contract and, therefore, award the Contract to you, as the Bidder with the Lowest Calculated Responsive Bid, at a total Contract Price equivalent to Two Million Eight Hundred Forty Six Thousand Eight Hundred Eighty Five Pesos and 97/100 (P 2,846,885.97) .

You are, therefore, required, within ten (10) calendar days from your receipt of this Notice of Award, to submit to us the following documents as conditions for the signing of the Contract:

a. Notice of Award (NOA) with the bidder’s signed “conforme”b. Authority of Signing Official/Board Resolution /Secretary’s Certificatec. For a joint venture (JV), Contractor’s PCAB Special JV License and JV

Agreement.d. Performance Security in any of the forms specified in the Instructions to

Bidders (Use Form DPWH-INFR-43 or dpwh-INfR-44, as applicable).e. Construction Methods (Use Form DPWH-INFR-45)f. Construction Schedule in form of PERT/CPM Diagram or Precedence

Diagram and Bar Chart with S-Curve and Cash Flow (Use Form DPWH-INFR-49).

g. Manpower Schedule (Use Form DPWH-INFR-47).h. Equipment Utilization Schedule (Use Form DPWH-INFR-48).i. Construction Safety and Health Program (Use Form DPWH-INFR-49).j. Contractor’s All Risk Insurance (CARI)k. Latest Income Tax and Business Returns duly stamped and received by

BIR and duly validated with the tax payments made. Tax Clearance from BIR to prove full and timely payment of taxes

l. For a local contractor, Certification under oath stating the Contractor is free and clean of all tax liabilities

m. For a foreign bidder, valid PCAB License and Registration for the type and cost of the contract at hand as pre-condition to the NOA.

n. Integrity Pledge under Department Order No. 86, series of 2013.

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You are also required, within the said ten (10) calendar days, to formally sign the Contract Agreement.

Your failure to comply with these requirements shall constitute a sufficient ground for the cancellation of this award and the forfeiture of your Bid Security.

Very truly yours,


Conforme:______________________________________Name and Signature of Bidder’s RepresentativePosition________________________________ Name of Bidder__________________________ Date: _____________________________

FORM OF CONTRACT AGREEMENT----------------------------------------------------------------------------------------------------------------------------------------------------------

DPWH-INFR-41-2016 Page 2 of 2




KNOWN ALL MEN BY THESE PRESENTS:

This CONTRACT AGREEMENT, made this _______ day of __________________, by and between:

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES through the Department of Public Works and Highways (DPWH) represented herein by DENISE MARIA M. AYAG , District Engineer, duly authorized for this purpose, with main office address at Bukidnon 3rd District Engineering Office, Dicklum, Manolo Fortich, Bukidnon, hereinafter referred to as the “PROCURING ENTITY”;

andE AND H CONSTRUCTION AND SUPPLY, single Proprietorship organized and existing under and by virtue of laws of the Republic of the Philippines, with main office address at Brgy. 5, Poblacion, Talakag, Bukidnon represented herein by HELEN B. LAGUYAN, duly authorized for this purpose, hereinafter referred to as the “CONTRACTOR;”

WITNESSETH:

WHEREAS, the PROCURNG ENTITY is desirous that the CONTRACTOR execute the Works under 17KC0051: SPECIAL MAINTENANCE (PAVING SHOULDER) ALONG MARAMAG – MARADUGAO ROAD KALILANGAN, BUKIDNON hereinafter called “the Works”, and the PROCURING ENTITY has accepted the Calculated Bid of the CONTRACTOR for the execution and completion of the Works at the calculated unit bid prices shown in the attached Bill of Quantities, or a total Contract price of Two Million Eight Hundred Forty Six Thousand Eight Hundred Eighty Five Pesos and 97/100 (P 2,846,885.97).

Item No. Description Unit Quantity Unit

PriceTotal

Amount (Php)

PART B OTHER GENERAL REQUIREMENTS (VOLUME II)B.5 Project Billboard / Signboard Each 2.00 5,258.26 10,516.52

B.7 Occupational Safety and Health Program month 1.20 40,771.32 48,925.58

B.8 Traffic Management month 1.20 60,358.59 72,430.31B.9 Mobilization/Demobilization L.S. 1.00 13,015.97 13,015.97

SUB-TOTAL OF PART B 144,888.38PART C EARTHWORKS105(1)a Subgrade Preparation (Common

Material) sq.m 1,975.13 104.14 205,690.04

SUB-TOTAL OF PART C 205,690.04

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Item No. Description Unit Quantity Unit

PriceTotal

Amount (Php)

PART E. SURFACE COURSE

311(1)a PCC Pavement (Unreinforced), 0.15m thick. sq.m 1,975.13 1,263.87 2,496,307.55

SUB-TOTAL OF PART E 2,496,307.55TOTAL 2,846,885.97

NOW, THEREFORE, for and consideration of the foregoing premises, the parties hereto agree as follows:

1. In this CONTRACT AGREEMENT, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read and construed as part of this CONTRACT AGREEMENT, and shall be interpreted in the following order of priority:a.This Contract Agreement b.Documents forming part of the Contract Agreement(1)Notice of Award (NOA) with the Contractor’s signed “conforme”(2)Contractor’s Bid in the Form of Bid, including its Technical and

Financial Proposals, as calculated by the Procuring Entity and conformed to by the Contractor through the NOA.

(3)Bidding Documents with Bulletins(4)Specifications(5)Drawings(6)Special Conditions of Contract (SCC)(7)General Conditions of Contract (GCC)(8)Performance Security(9)Integrity Pledge under Department Order No. 86, series of 2013(10) Other Documents

(a) Construction Methods(b)Construction Schedule in the form of PERT/CPM Diagram or

Procedure Diagram and Bar Chart with S-Curve, or other approved tools of projects scheduling, and Cash Flow.

(c)Manpower Schedule(d)Equipment Utilization Schedule(e)Construction Safety and Health Program initially approved

by the Head of Procuring Entity(f)Contractor’s All Risk Insurance (CARI)

3. In consideration of the payments to be made by the PROCURING ENTITY to the CONTRACTOR as hereinafter mentioned, the CONTRACTOR hereby covenants with the PROCURING ENTITY to execute and complete the Works and remedy any defects therein in conformity with the provisions of this CONTRACT AGREEMENT in all aspects.

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4. In consideration of the execution and completion of the Works by the CONTRACTOR, the PROCURING ENTTY hereby covenants to pay the CONTRACTOR the unit prices in the CONTRACTOR’s Calculated Bid, as applied to the actual quantities accomplished as certified by the PROCURING ENTITY under the provisions of this CONTRACT AGREEMENT, at all times and in the manner prescribed by this CONTRACT AGREEMENT.

IN WITNESS WHEREOF, the parties hereto set their respective hands on the day, month and year first above written.

PROCURING ENTITY:DPWH BUKIDNON 3RD DEO

CONTRACTOR:E AND H CONSTRUCTION AND SUPPLY

Represented by: Represented by:


HELEN B. LAGUYANProprietor

Witnessed by:

REEZAH MADALE-DIANAL RODRIGO V. SUMAYAccountant III Chief, Maintenance Section

APPROVED (if the contracting party for the Procuring entity is not the approving authority):

________________________________

Date Approved: ___________________

---------------------------------------------------------------------------------------------------------------------------------------------------------DPWH-INFR-51-2016 Page 2 of 4




REPUBLIC OF THE PHILIPPINES) ________________________) S.S.

ACKNOWLEDGEMENT

BEFORE ME, as the Notary Public for and within the City of _________________________, personally appeared DENISE MARIA M. AYAG, District Engineer, representing the REPUBLIC OF THE PHILIPPINES (Department of Public Works and Highways), with TIN No. 000-553-164-211, and E AND H CONSTRUCTION AND SUPPLY with 131-548-158-000, known to me to be the same persons who executed the foregoing CONTRACT AGREEMENT and they acknowledged to me that the same is their true act and deed for and in behalf of the parties they represented.

This instrument consists of four (4) pages, on which this acknowledgement is written duly signed by the contracting parties and their witnesses on the left margin of the other pages.

IN WITNESS WHEREOF, I have hereunto affixed my Signature and Official Seal this ________________________.

________________

(Notary Public)

Doc. No. ____________

Page No. ____________

Book No. ____________

---------------------------------------------------------------------------------------------------------------------------------------------------------DPWH-INFR-51-2016 Page 3 of 4

___________________________(Notary Public)

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TO: The Budget Officer Budget Section This Office

This is to request for the issuance of Obligation Request for the following:

Request No. :Date :Fund :Amount : P 2,846,885.97Payee : E AND H CONSTRUCTION AND SUPPLYAddress : Brgy. 5, Poblacion, Talakag, BukidnonParticulars : To obligate payment for the Contract 17KC0051:

SPECIAL MAINTENANCE (PAVING SHOULDER) ALONG MARAMAG – MARADUGAO ROAD, KALILANGAN, BUKIDNON

Project : Project ID#Source of Fund/Legal Basis :SARO # / SAA # :P.A.P. :Account Code :Fiscal Year of Allotment

: FY 2017

I certify that the charges for appropriation/allotment are necessary, lawful and under my direct supervision.

I further certify that the supporting documents are valid, proper and legal.

Your prompt attention to this matter will be greatly appreciated.

RONALDO C. PAHANG,

AEr Assistant District Engineer

Republic of the PhilippinesDepartment of Public Works and Highways

BUKIDNON 3RD

DISTRICT ENGINEERING OFFICEREGIONAL OFFICE X

Dicklum, Manolo Fortich, Bukidnon

---------------------------------------------------------------------------------------------------------------------------------------------------------DPWH-INFR-51-2016 Page 4 of 4




DPWH, Bukidnon 3rd District Engineer OfficeDicklum, Manolo Fortich, Bukidnon

POSTQUALIFICATION REPORTDate: _____________________

1. Name of Bidder: E AND H CONSTRUCTION AND SUPPLY2. Rank in the List of Complying Calculated Bids: Ist Rank3. Bid Price: P 2,846,885.97 4. Period of Postqualification: 5. Results of Postqualification:

Requirements Parties Consulted FindingsLegal Requirements

PCAB License DPWH-Central BAC, PCAB

OK, verified

SEC/DTI/CDA Registration DPWH-Central Office OK, verifiedMayor’s/Business Permit DPWH-Central Office OK, verifiedJV A if applicable N/A N/ASub-contract agreement if applicable N/A N/ALatest Income and Business Tax Returns

DPWH-Central Office OK, verified

Not in Blacklist N/A N/ATechnical Proposal

Bidder’s stated competence and experience, including required SLCC


Key personnel’s stated competence and experience vs requirements in BDS

Attached OK

Availability, commitment, capacities and operating conditions of eqpt units owned/leased/under purchase for the contract, vs requirements in BDS

Attached OK

Performance in on-going gov’t. and private contracts:•No slippage of at least 15% in 1 project•No slippage of at least 10% in 2 or more projects•Repair works done on time•No substandard work

Verified

VerifiedN/AVerifiedVerified

OK

OKN/AOKOK




•No unsatisfactory performance•No liquidated damages

Verified OK

Sufficiency of Bid Security as to type, amount, form, wording, and validity period


Financial RequirementsExamination of latest Financial Statements, especially current assets and liabilities

Attached OK

Latest value of uncompleted portions of on-going/awarded contracts coinciding with the subject contract

Attached OK

Updated NFCC vs ABC NFCC=P 121,212,220.00

Ok, verified

1. Findings:

[ / ] Responsive [ ] Non-Responsive

Prepared by:

ANTOLIN M. TENESTRANTE MARIA DESIREE G. GARAYHead of BAC TWG Unit Head of BAC SecretariatDate:___________________ Date: ___________________

Noted by:For & in the absence of the BAC Chairman:

ROMULO F. ANDRES Chief, Construction SectionBAC Vice ChairpersonDate: _________________

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Republic of the PhilippinesDEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Bukidnon 3rd District Engineering OfficeDicklum, Manolo Fortich, Bukidnon

OUTLINE OF BID EVALUATION REPORTDate: May 17, 2017

1.0 CONTRACT DESCRIPTIONNarrative description of Contract under Procurement

Table 1. Basic Contract Information1.1 Approved Budget for the Contract Php 3,000,000.001.2 Contract Duration 36 Calendar Days1.3 Method of Procurement Competitive Bidding

2.0 INITIAL STEPS IN THE BIDDING PROCESSNarrative description of the Bidding Process

Table 2. Initial Steps in the Bidding Process2.1 Pre-Procurement Conference

Date of Conference April 26, 20172.2 Invitation to Bid

(a) Date of advertisement April 27, 2017 to May 3, 2017(b) Name of Newspaper for (a) The Manila Times Publishing

Corporation(c) Date of posting in DPWH website and

PhilGEPS, IFI April 27, 20172.3 Issuance of Bidding Documents (BDs)

(a) Period of availability of BDs(b) Number and Name of Bidders that Purchased hard copies of BD

April 27, 2017 to May 16, 20171. E AND H CONSTRUCTION AND SUPPLY2.LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES

2.4 Amendments to BDs, if any(a) List all Bid Bulletins by subject NONE

2.5 Pre-bid Conference, if any(a) Date of Conference May 3, 2017(b) Dates of Minutes sent to bidder May 4, 2017

3.0 RECEIPT, OPENING, AND PRELIMINARY EXAMINATION OF BIDS

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Table 3. Bids Receipt and Opening3.1 Bid Receipt Deadline

(a) Original date, time May 16, 2017, 12:00PM(b) Extensions, if any, NONE

3.2 Eligibility Check(a) Date of Eligibility Check May 16, 2017(b) Number and Names of Eligible Bidders 1. E AND H CONSTRUCTION AND

SUPPLY2.LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES

(c) Number and Names of Ineligible Bidders NONE3.3 Bids opening date and time May 16, 2017, 2:00PM3.4 Minutes of Bid’s Opening, Date sent to Bidders May 17, 20173.5 Bid Validity Period

(a) Originally specified 36 Calendar days(b) Extensions/Revisions, if any

3.6 Number and Names of Bidders that Submitted Bids

1. E AND H CONSTRUCTION AND SUPPLY2.LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES

3.7 Number and Names of Bidders that Withdrew Bids

NONE

3.8 Number and Names of Bidders that Submitted Letters of Non-Participation NONE

Table 4. Bidders’ Compliance (Presence) or Non-Compliance (Absence) of documentary Requirements of Technical and Financial Proposals

Bidders’ NameComplyin

g/Passes

Non-Complying/

Failed

Reasons for Non-Compliance/

Failure1. E AND H CONSTRUCTION AND SUPPLY

/

2. LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES

/ Non-ComplyingOmnibus Sworn Statement not

Notarized. Affidavit of No Conflict of

Interest and Affidavit of Site Inspection,

Not Notarized. Table 5. Bids Prices as Read of Complying Bidders

Bidders’ Name Amount of Bid as Read (P)

1. E AND H CONSTRUCTION AND SUPPLY P 2,846,885.972. LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES P 2,729,361.69

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4.0 EVALUATION OF BIDS Narrative description of the Bidding Process

Table 6. Correction of Bids

Bidders’ NameTotal Amount of Bid as Read

(P)

Total Amount of Bid as

Calculated (P)Reasons for

Variance1. E AND H CONSTRUCTION AND SUPPLY

P 2,846,885.97

P 2,846,885.97 5.10%

2. LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES

P 2,729,361.69

P 2,729,361.69 9.02%

Prepared by BAC-TWG:

ORLANDO V. MANCAO, JR.

ROBERT M. VALLES JANET D. PELAYO

TWG Member TWG Member TWG Member

ANTOLIN M. TENESTRANTEHead, BAC/TWG

Submitted by:

MARIA DESIREE G. GARAYHEAD, BAC Secretariat

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NOTICE OF POSTQUALIFICATION

_________________ Date


Dear Madam:

After determining your bid as the Lowest Calculated Bid for the above-stated Contract and after conducting the post qualification of your firm, involving the examination, validation and verification of the eligibility, technical and financial requirements that you have submitted for the bidding for this Contract, we are pleased to inform you that you have passed the post-- qualification and, therefore, consider your bid as the Lowest Calculated Responsive Bid for the said Contract.

Upon the approval of this finding by the Head of the Procuring Entity, we will issue to you the Notice of Award for this Contract.

Very truly yours,For & in the absence of the BAC Chairman:

ROMULO F. ANDRES Chief, Construction SectionBAC Vice Chairman

Received by:

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______________________________________Name and Signature of Bidder’s RepresentativePosition _______________________________Date received: ____________


RESULT OF ELIGIBILITY CHECK

May 16, 2017 Date

Based on the evaluation of the information about the legal, technical and financial capabilities, as indicated in your Contractor’s Information of the bidders as recorded in our computerized Registry of Contractors for Civil Works, vis-à-vis the requirements of the abovementioned contract as indicated in the Contract Profile submitted by DPWH, Bukidnon 3 rd DEO, Dicklum, Manolo Fortich, Bukidnon we find the following bidders eligible to participate in the bidding for the contract.

1. E AND H CONSTRUCTION AND SUPPLY2. LBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES

For & in the absence of the BAC Chairman:


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NOTICE OF INELIGIBILITY__________________ Date

Mr. LOUIEL A. LEGASPIProprietorLBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES#167, Kalambaguhan - Burgos St.,Brgy.15, Cagayan de Oro City,Misamis Oriental

Dear Sir:

We refer to your bid for the abovementioned contract.Based on the information about your legal, technical and financial capabilities, as indicated in your Contractor’s Information recorded in our Registry of Contractors for Civil Works, vis-à-vis the requirements of the abovementioned Contract as indicated in the Contract Profile submitted by DPWH, Bukidnon 3rd DEO, Dicklum, Manolo Fortich, Bukidnon, we declare your firm ineligible to participate in the bidding for the contract in view of the following reasons.

Ineligible – Non-Complying: Omnibus Sworn Statement not Notarized. Affidavit of No Conflict of Interest and Affidavit of Site Inspection, Not Notarized.Should you disagree with our findings, you may submit to us, within three (3) calendar days, a request for reconsideration, citing the specific reasons as to why you should not be declared ineligible. We will not accept now, however, any updating of your legal, financial and technical records insofar as this Contract is concerned. Updating of your records will be considered by the DPWH only for the bidding of new contracts in which you intend to participate.

Very truly yours,For & in the Absence of the BAC Chairman:

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ROMULO F. ANDRESChief, Construction SectionBAC Vice Chairman

Received by the Bidder:______________________________________Name and Signature of Bidder’s RepresentativeDate: _______________


NOTIFICATION OF BIDDING RESULTS

__________________ Date

Mr. LOUIEL A. LEGASPIProprietorLBL TRAFFIC CONTROL AND CONSTRUCTION SERVICES#167, Kalambaguhan - Burgos St.,Brgy.15, Cagayan de Oro City,Misamis Oriental

Dear Sir:

We regret to notify you that the above-stated Contract has been awarded to a competing contractor, E AND H CONSTRUCTION AND SUPPLY, at its bid Two Million Eight Hundred Forty Six Thousand Eight Hundred Eighty Five Pesos and 97/100 (P 2,846,885.97), which has been determined as the Lowest Calculated Responsive Bid for the Contract.

We look forward to your participation in the bidding for our other projects.

Very truly yours,For & in the absence of the BAC Chairman:


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