PB No. 19-137-2

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PHILIPPINE BIDDING DOCUMENTS

Government of the Republic of the Philippines

CONSTRUCTION OF TWO STOREY


SUPPLY WAREHOUSE FOR THE
DEPARTMENT OF HEALTH-TREATMENT
AND REHABILITATION CENTER (DOH-
TRC)- DULAG, LEYTE

PUBLIC BIDDING NO. 19-137-2

1
TABLE OF CONTENTS

SECTION I. INVITATION TO BID ...........................................................................3


SECTION II. INSTRUCTIONS TO BIDDERS ............................................................7
SECTION III. BID DATA SHEET ......................................................................... 37
SECTION IV. GENERAL CONDITIONS OF CONTRACT ...................................... 45
SECTION V. SPECIAL CONDITIONS OF CONTRACT .......................................... 78
SECTION VI. SPECIFICATIONS .......................................................................... 81
SECTION VII. DRAWINGS ................................................................................ 108
SECTION VIII. BILL OF QUANTITIES .............................................................. 109
SECTION IX. BIDDING FORMS ......................................................................... 123

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Section I. Invitation to Bid

3
Invitation to Bid
for the

CONSTRUCTION OF TWO STOREY


SUPPLY WAREHOUSE FOR THE
DEPARTMENT OF HEALTH-TREATMENT
AND REHABILITATION CENTER (DOH-
TRC)- DULAG, LEYTE
PUBLIC BIDDING NO. 19-137-2

1. The Procurement Service – Department of Budget and Management (PS-DBM),


through the General Appropriations Act for FY 2017 intend to apply the sum being the
Approved Budget for the Contract (ABC) to payments under the contract for the
following:

Approved Budget for


Qty Item / Description Delivery Period
the contract
CONSTRUCTION OF TWO The Intended Completion
1
STOREY SUPPLY P 2,880,000.00 Date is within One Hundred
Lot WAREHOUSE Eighty (180) Calendar Days.
Bids received in excess of the ABC shall be automatically rejected at bid opening.

2. The PS-DBM now invite PhilGEPS registered contractors with valid and current
Philippine Contractors Accreditation Board (PCAB) License.

Bidders should have completed a contract similar to the Project equivalent to at least
fifty (50%) of the ABC. The description of an eligible bidder is contained in the
Bidding Documents, particularly in Clause 5.4 of Section II. Instructions to Bidders.
For purposes of this project, similar contracts shall refer to the contracts involving
General Building Construction.

3. Bidding will be conducted through open competitive bidding procedures using non-
discretionary “pass/fail” criterion as specified in the 2016 Revised Implementing Rules
and Regulations (IRR) of Republic Act 9184 (RA 9184), otherwise known as the
“Government Procurement Reform Act.”

Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and


partnerships or organizations with at least seventy five percent (75%) interest or
outstanding capital stock belonging to citizens of the Philippines.

4. Interested bidders may obtain further information from Procurement Service and
inspect the Bidding Documents at the address given below from 8:00 AM to 5:00PM.
.
5. A complete set of Bidding Documents may be acquired by interested Bidders from the
address below and upon payment of Bidding Documents in the amount as follows:

Amount of Bid
Qty Item / Description
Documents

CONSTRUCTION OF TWO STOREY SUPPLY


1 Lot WAREHOUSE FOR THE DOH-TRC P 1,000.00

It may also be downloaded free of charge from the website of the Philippine
Government Electronic Procurement System (PhilGEPS) and the website of the
Procuring Entity, provided that bidders shall pay the applicable fee for the Bidding
Documents not later than the submission of their bids.

6. For the conduct of Site Inspection, below are the following contact persons:

Engr. Mark C. Oracion Email: [email protected]


Phone No.: +639273763986

A certificate of site inspection shall be issued by DOH-TRC.

7. The schedule of bidding activities is as follows:


ACTIVITIES SCHEDULE VENUE
PhilGEPS website, PS website,
Advertisement/Posting of and at any conspicuous place
April 17, 2019 reserved for this purpose in the
Invitation to Bid
premises of PS.
Issuance and Availability PS Cashier and PhilGEPS
April 17, 2019
of Bid Documents website
From date of Posting to Opening
DOH-TRC Dulag, Brgy.
Site Inspection except Saturdays, Sundays and
Highway, Dulag, Leyte
Holidays
PS Conference Room,
Pre-Bid Conference April 24 , 2019 at 10:30AM
Cristobal St., Paco,Manila
PS Main Office Cristobal St.,
Last day of Submission of
April 26, 2019 Paco,Manila or email at
Written Clarifications
[email protected]
Last day of Issuance of PhilGEPS website, PS
April 30, 2019
Supplemental Bid Bulletin website, PS bulletin board
Deadline of Submission PS Conference Room,
May 07, 2019 ; 1:00PM
and Receipt of Bids Cristobal St., Paco,Manila
Immediately after the deadline for PS Conference Room,
Opening of Bids
submission of Bids. Cristobal St., Paco,Manila

8. Bids must be duly received by the Procurement Division II (PDII) of the Procurement
Service at the address below on or before May 07, 2019; 1:00 PM. All bids must be
accompanied by a bid security in any of the acceptable forms and in the amount stated
in ITB Clause 18.
The bidders or their duly authorized representatives may attend the opening of bids.
Late bids shall not be accepted.

9. The Procurement Service reserves the right to reject any and all bids, declare a failure
of bidding, or not award the contract at any time prior to contract award in accordance
with Section 41 of RA 9184 and its 2016 IRR, without thereby incurring any liability
to the affected bidder or bidders.

10. For further information, please refer to:

THE PROCUREMENT DIVISION-II


Procurement Service
RR Road, Cristobal St., Paco, Manila
689-7750 loc. 4031, 563-9404
[email protected]

ENGR. MANUEL S. AVILA


Chairperson
Bids and Awards Committee II
Section II. Instructions to Bidders

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TABLE OF CONTENTS
A. GENERAL ..................................................................................................... 10
1. Scope of Bid ............................................................................................................10
2. Source of Funds ......................................................................................................10
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ....................10
4. Conflict of Interest ..................................................................................................12
5. Eligible Bidders .......................................................................................................13
6. Bidder’s Responsibilities ........................................................................................14
7. Origin of GOODS and Services ..............................................................................17
8. Subcontracts ............................................................................................................17
B. CONTENTS OF BIDDING DOCUMENTS ......................................................... 17
9. Pre-Bid Conference .................................................................................................17
10. Clarification and Amendment of Bidding Documents............................................18
C. PREPARATION OF BIDS ................................................................................ 18
11. Language of Bids ....................................................................................................18
12. Documents Comprising the Bid: Eligibility and Technical Components ...............19
13. Documents Comprising the Bid: Financial Component .........................................21
14. Alternative Bids ......................................................................................................22
15. Bid Prices ................................................................................................................22
16. Bid Currencies .........................................................................................................23
17. Bid Validity .............................................................................................................23
18. Bid Security.............................................................................................................23
19. Format and Signing of Bids ....................................................................................26
20. Sealing and Marking of Bids...................................................................................26
D. SUBMISSION AND OPENING OF BIDS............................................................ 27
21. Deadline for Submission of Bids ............................................................................27
22. Late Bids .................................................................................................................27
23. Modification and Withdrawal of Bids ....................................................................27
24. Opening and Preliminary Examination of Bids ......................................................28
E. EVALUATION AND COMPARISON OF BIDS ................................................... 30
25. Process to be Confidential .......................................................................................30
26. Clarification of Bids ................................................................................................30
27. Detailed Evaluation and Comparison of Bids .........................................................30
28. Post Qualification ....................................................................................................31

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29. Reservation Clause ..................................................................................................32
F. AWARD OF CONTRACT ................................................................................ 33
30. Contract Award .......................................................................................................33
31. Signing of the Contract ...........................................................................................34
32. Performance Security ..............................................................................................35
33. Notice to Proceed ....................................................................................................36
34. Protest Mechanism………………………………………………………………..36

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A. General

1. Scope of Bid
1.1. The Procuring Entity named in the BDS, invites bids for the construction of
Works, as described in Section VI. Specifications.

1.2. The name, identification, and number of lots specific to this bidding are
provided in the BDS. The contracting strategy and basis of evaluation of lots is
described in ITB Clause 27.

1.3. The successful Bidder will be expected to complete the Works by the intended
completion date specified in SCC Clause 1.17.

2. Source of Funds
The Procuring Entity has a budget or received funds from the Funding Source named
in the BDS, and in the amount indicated in the BDS. It intends to apply part of the
funds received for the Project, as defined in the BDS, to cover eligible payments
under the Contract for the Works.

3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive


Practices
3.1. Unless otherwise specified in the BDS, the Procuring Entity, as well as bidders
and contractors, shall observe the highest standard of ethics during the
procurement and execution of the contract. In pursuance of this policy, the
Funding Source:

(a) defines, for purposes of this provision, the terms set forth below as
follows:

(i) "corrupt practice" means behavior on the part of officials in the


public or private sectors by which they improperly and
unlawfully enrich themselves, others, or induce others to do so,
by misusing the position in which they are placed, and includes
the offering, giving, receiving, or soliciting of anything of value
to influence the action of any such official in the procurement
process or in contract execution; entering, on behalf of the
Procuring Entity, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby, and similar acts as
provided in Republic Act 3019;

(ii) "fraudulent practice" means a misrepresentation of facts in


order to influence a procurement process or the execution of a
contract to the detriment of the Procuring Entity, and includes
collusive practices among Bidders (prior to or after Bid
submission) designed to establish bid prices at artificial, non-
competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition;

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

(iv) “coercive practices” means harming or threatening to harm,


directly or indirectly, persons, or their property to influence
their participation in a procurement process, or affect the
execution of a contract;

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or


concealing of evidence material to an administrative
proceedings or investigation or making false statements
to investigators in order to materially impede an
administrative proceedings or investigation of the
Procuring Entity or any foreign government/foreign or
international financing institution into allegations of a
corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of matters
relevant to the administrative proceedings or
investigation or from pursuing such proceedings or
investigation; or

(bb) acts intended to materially impede the exercise of the


inspection and audit rights of the Procuring Entity or
any foreign government/foreign or international
financing institution herein.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the Contract; and

(c) will declare a firm ineligible, either indefinitely or for a stated period
of time, to be awarded Contract funded by the Funding Source if it at
any time determines that the firm has engaged in corrupt or fraudulent
practices in competing or, or in executing, a Contract funded by the
Funding Source.

3.2. Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under the applicable laws
on individuals and organizations deemed to be involved in any of the practices
mentioned in ITB Clause 3.1(a).

3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to
inspect and audit records and accounts of a contractor in the bidding for and
performance of a contract themselves or through independent auditors as
reflected in the GCC Clause 34.

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4. Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to
participate in the procurement at hand, without prejudice to the imposition of
appropriate administrative, civil, and criminal sanctions. A Bidder may be
considered to have conflicting interests with another Bidder in any of the
events described in paragraphs (a) through (c) and a general conflict of interest
in any of the circumstances set out in paragraphs (d) through (g) below:

(a) A Bidder has controlling shareholders in common with another Bidder;

(b) A Bidder receives or has received any direct or indirect subsidy from
any other Bidder;

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

(d) A Bidder has a relationship, directly or through third parties, that puts
them in a position to have access to information about or influence on
the bid of another Bidder or influence the decisions of the Procuring
Entity regarding this bidding process;

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

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


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

(g) A Bidder who lends, or temporarily seconds, its personnel to firms or


organizations which are engaged in consulting services for the
preparation related to procurement for or implementation of the
project, if the personnel would be involved in any capacity on the same
project.

4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents
shall be accompanied by a sworn affidavit of the Bidder that it is not related to
the Head of the Procuring Entity (HoPE),members of the Bids and Awards
Committee (BAC), members of the Technical Working Group (TWG),
members of the BAC Secretariat, the head of the Project Management Office
(PMO) or the end-user unit, and the project consultants, by consanguinity or
affinity up to the third civil degree. On the part of the Bidder, this Clause shall
apply to the following persons:

(a) If the Bidder is an individual or a sole proprietorship, to the Bidder


himself;

(b) If the Bidder is a partnership, to all its officers and members;

12
(c) If the Bidder is a corporation, to all its officers, directors, and
controlling stockholders;

(d) If the Bidder is a cooperative, to all its officers, directors, and


controlling shareholders or members; and

(e) If the Bidder is a joint venture (JV), the provisions of items (a), (b), (c)
or (d) of this Clause shall correspondingly apply to each of the
members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this


Clause will result in the automatic disqualification of a Bidder.

5. Eligible Bidders
5.1. Unless otherwise indicated in the BDS, the following persons shall be eligible
to participate in this Bidding:

(a) Duly licensed Filipino citizens/sole proprietorships;

(b) Partnerships duly organized under the laws of the Philippines and of
which at least seventy five percent (75%) of the interest belongs to
citizens of the Philippines;

(c) Corporations duly organized under the laws of the Philippines, and of
which at least seventy five percent (75%) of the outstanding capital
stock belongs to citizens of the Philippines;

(d) Cooperatives duly organized under the laws of the Philippines.

(e) Persons/entities forming themselves into a JV, i.e., a group of two (2)
or more persons/entities that intend to be jointly and severally
responsible or liable for a particular contract: Provided, however, that,
in accordance with Letter of Instructions No. 630, Filipino ownership
or interest of the joint venture concerned shall be at least seventy five
percent (75%): Provided, further, that joint ventures in which Filipino
ownership or interest is less than seventy five percent (75%) may be
eligible where the structures to be built require the application of
techniques and/or technologies which are not adequately possessed by
a person/entity meeting the seventy five percent (75%) Filipino
ownership requirement: Provided, finally, that in the latter case,
Filipino ownership or interest shall not be less than twenty five percent
(25%). For this purpose, Filipino ownership or interest shall be based
on the contributions of each of the members of the joint venture as
specified in their JVA.

5.2. The Procuring Entity may also invite foreign bidders when provided for under
any Treaty or International or Executive Agreement as specified in the BDS.

5.3. Government owned or controlled corporations (GOCCs) may be eligible to


participate only if they can establish that they (a) are legally and financially

13
autonomous, (b) operate under commercial law, and (c) are not attached
agencies of the Procuring Entity.

5.4. (a) The Bidder must have an experience of having completed a Single Largest
Completed Contract (SLCC) that is similar to this Project, equivalent to at
least fifty percent (50%) of the ABC adjusted, if necessary, by the Bidder to
current prices using the Philippine Statistics Authority(PSA) consumer price
index. However, contractors under Small A and Small B categories without
similar experience on the contract to be bid may be allowed to bid if the cost
of such contract is not more than the Allowable Range of Contract Cost
(ARCC) of their registration based on the guidelines as prescribed by the
PCAB.

(b) For Foreign-funded Procurement, the Procuring Entity and the foreign
government/foreign or international financing institution may agree on another
track record requirement, as specified in the BDS.

For this purpose, contracts similar to the Project shall be those described in the
BDS.

5.5. The Bidder must submit a computation of its Net Financial Contracting
Capacity (NFCC), which must be at least equal to the ABC to be bid,
calculated as follows:

NFCC = [(Current assets minus current liabilities) (15)] 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.

The values of the domestic bidder’s current assets and current liabilities shall
be based on the latest Audited Financial Statements (AFS) submitted to the
BIR.

For purposes of computing the foreign bidders’ NFCC, the value of the current
assets and current liabilities shall be based on their audited financial
statements prepared in accordance with international financial reporting
standards.

6. Bidder’s Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section IX. Bidding Forms as required in
ITB Clause 12.1(b)(iii).

6.2. The Bidder is responsible for the following:

(a) Having taken steps to carefully examine all of the Bidding


Documents;

(b) Having acknowledged all conditions, local or otherwise, affecting the


implementation of the contract;

14
(c) Having made an estimate of the facilities available and needed for the
contract to be bid, if any;

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


Supplemental/Bid Bulletin/s as provided under ITB Clause 10.4.

(e) Ensuring that it is not “blacklisted” or barred from bidding by the GoP
or any of its agencies, offices, corporations, or LGUs, including
foreign government/foreign or international financing institution whose
blacklisting rules have been recognized by the GPPB;

(f) Ensuring that each of the documents submitted in satisfaction of the


bidding requirements is an authentic copy of the original, complete,
and all statements and information provided therein are true and
correct;

(g) Authorizing the HoPE or its duly authorized representative/s to verify


all the documents submitted;

(h) Ensuring that the signatory is the duly authorized representative of the
Bidder, and granted full power and authority to do, execute and
perform any and all acts necessary to participate, submit the bid, and to
sign and execute the ensuing contract, accompanied by the duly
notarized Special Power of Attorney, Board/Partnership Resolution, or
Secretary’s Certificate, whichever is applicable;

(i) Complying with the disclosure provision under Section 47 of RA


9184and its IRR in relation to other provisions of RA 3019;

(j) Complying with existing labor laws and standards, in the case of
procurement of services. Moreover, bidder undertakes to:

(i) Ensure the entitlement of workers to wages, hours of work,


safety and health and other prevailing conditions of work as
established by national laws, rules and regulations; or collective
bargaining agreement; or arbitration award, if and when
applicable.

In case there is a finding by the Procuring Entity or the DOLE


of underpayment or non-payment of workers’ wage and wage-
related benefits, bidder agrees that the performance security or
portion of the contract amount shall be withheld in favor of the
complaining workers pursuant to appropriate provisions of
Republic Act No. 9184 without prejudice to the institution of
appropriate actions under the Labor Code, as amended, and
other social legislations.

(ii) Comply with occupational safety and health standards and to


correct deficiencies, if any.

15
In case of imminent danger, injury or death of the worker,
bidder undertakes to suspend contract implementation pending
clearance to proceed from the DOLE Regional Office and to
comply with Work Stoppage Order; and

(iii) Inform the workers of their conditions of work, labor clauses


under the contract specifying wages, hours of work and other
benefits under prevailing national laws, rules and regulations;
or collective bargaining agreement; or arbitration award, if and
when applicable, through posting in two (2) conspicuous places
in the establishment’s premises; and

(k) Ensuring that it did not give or pay, directly or indirectly, any
commission, amount, fee, or any form of consideration, pecuniary or
otherwise, to any person or official, personnel or representative of the;

Failure to observe any of the above responsibilities shall be at the risk of the
Bidder concerned.

6.3. The Bidder, by the act of submitting its bid, shall be deemed to have inspected
the site, determined the general characteristics of the contract works and the
conditions for this Project and examine all instructions, forms, terms, and
project requirements in the Bidding Documents.

6.4. It shall be the sole responsibility of the prospective bidder to determine and to
satisfy itself by such means as it considers necessary or desirable as to all
matters pertaining to this Project, including: (a) the location and the nature of
the contract, project, or work; (b) climatic conditions; (c) transportation
facilities; (c) nature and condition of the terrain, geological conditions at the
site communication facilities, requirements, location and availability of
construction aggregates and other materials, labor, water, electric power and
access roads; and (d) other factors that may affect the cost, duration and
execution or implementation of the contract, project, or work.

6.5. The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity. However, the Procuring Entity shall
ensure that all information in the Bidding Documents, including
supplemental/bid bulletins issued are correct and consistent.

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

6.7. The Bidder shall bear all costs associated with the preparation and submission
of his bid, and the Procuring Entity will in no case be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.

6.8. The Bidder should note that the Procuring Entity will accept bids only from
those that have paid the applicable fee for the Bidding Documents at the office
indicated in the Invitation to Bid.

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7. Origin of Goods and Services
There is no restriction on the origin of Goods, or Contracting of Works or Services
other than those prohibited by a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations.

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

8.2. Subcontractors must submit the documentary requirements under ITB Clause
12 and comply with the eligibility criteria specified in the BDS. In the event
that any subcontractor is found by the Procuring Entity to be ineligible, the
subcontracting of such portion of the Works shall be disallowed.

8.3. The Bidder may identify the subcontractor to whom a portion of the Works
will be subcontracted at any stage of the bidding process or during contract
implementation. If the Bidder opts to disclose the name of the subcontractor
during bid submission, the Bidder shall include the required documents as part
of the technical component of its bid.

B. Contents of Bidding Documents


9. Pre-Bid Conference
9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue
and on the date indicated therein, to clarify and address the Bidders’ questions
on the technical and financial components of this Project.

(b) The pre-bid conference shall be held at least twelve (12) calendar days
before the deadline for the submission of and receipt of bids, but not earlier
than seven (7) calendar days from the posting of the Invitation to Bid/Bidding
Documents in the PhilGEPS website. If the Procuring Entity determines that,
by reason of the method, nature, or complexity of the contract to be bid, or
when international participation will be more advantageous to the GoP, a
longer period for the preparation of bids is necessary, the pre-bid conference
shall be held at least thirty (30) calendar days before the deadline for the
submission and receipt of bids, as specified in the BDS.

9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they
fully understand the Procuring Entity’s requirements. Non-attendance of the
Bidder will in no way prejudice its bid; however, the Bidder is expected to
know the changes and/or amendments to the Bidding Documents as recorded
in the minutes of the pre-bid conference and the Supplemental/Bid Bulletin.
The minutes of the pre-bid conference shall be recorded and prepared not later
than five (5) calendar days after the pre-bid conference. The minutes shall be

17
made available to prospective bidders not later than five (5) days upon written
request.

9.3. Decisions of the BAC amending any provision of the bidding documents shall
be issued in writing through a Supplemental/Bid Bulletin at least seven (7)
calendar days before the deadline for the submission and receipt of bids.

10. Clarification and Amendment of Bidding Documents


10.1. Prospective bidders may request for clarification(s) on and/or interpretation of
any part of the Bidding Documents. Such a request must be in writing and
submitted to the Procuring Entity at the address indicated in the BDS at least
ten (10) calendar days before the deadline set for the submission and receipt of
Bids.

10.2. The BAC shall respond to the said request by issuing a Supplemental/Bid
Bulletin, to be made available to all those who have properly secured the
Bidding Documents, at least seven (7) calendar days before the deadline for
the submission and receipt of Bids.

10.3. Supplemental/Bid Bulletins may also be issued upon the Procuring Entity’s
initiative for purposes of clarifying or modifying any provision of the Bidding
Documents not later than seven (7) calendar days before the deadline for the
submission and receipt of Bids. Any modification to the Bidding Documents
shall be identified as an amendment.

10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the
PhilGEPS and the website of the Procuring Entity concerned, if available, and
at any conspicuous place in the premises of the Procuring Entity concerned. It
shall be the responsibility of all Bidders who have properly secured the
Bidding Documents to inquire and secure Supplemental/Bid Bulletins that
may be issued by the BAC. However, Bidders who have submitted bids before
the issuance of the Supplemental/Bid Bulletin must be informed and allowed
to modify or withdraw their bids in accordance with ITB Clause23.

C. Preparation of Bids

11. Language of Bids


The eligibility requirements or statements, the bids, and all other documents to be
submitted to the BAC must be in English. If the eligibility requirements or statements,
the bids, and all other documents submitted to the BAC are in foreign language other
than English, it must be accompanied by a translation of the documents in English.
The documents shall be translated by the relevant foreign government agency, the
foreign government agency authorized to translate documents, or a registered
translator in the foreign bidder’s country; and shall be authenticated by the
appropriate Philippine foreign service establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s affairs in the Philippines. The English
translation shall govern, for purposes of interpretation of the bid.

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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) PhilGEPS Certificate of Registration and Membership in


accordance with Section 8.5.2 of the IRR, except for foreign
bidders participating in the procurement by a Philippine
Foreign Service Office or Post, which shall submit their
eligibility documents under Section 23.1 of the IRR, provided,
that the winning bidder shall register with the PhilGEPS in
accordance with Section 37.1.4 of the IRR;

(ii) Statement of all its ongoing government and private contracts,


including contracts awarded but not yet started, if any, whether
similar or not similar in nature and complexity to the contract
to be bid; and

Statement of the Bidder’s SLCC similar to the contract to be


bid, in accordance with ITB Clause 5.4.

The two statements required shall indicate for each contract the
following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) nature of work;

(ii.6) contractor’s role (whether sole contractor,


subcontractor, or partner in a JV) and percentage of
participation;

(ii.7) total contract value at award;

(ii.8) date of completion or estimated completion time;

(ii.9) total contract value at completion, if applicable;

(ii.10) percentages of planned and actual accomplishments, if


applicable; and

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(ii.11) value of outstanding works, if applicable.

The statement of the Bidder’s SLCC shall be supported by the


Notice of Award and/or Notice to Proceed, Project Owner’s
Certificate of Final Acceptance issued by the Owner other than
the Contractor or the Constructors Performance Evaluation
System(CPES) Final Rating, which must be at least
satisfactory. In case of contracts with the private sector, an
equivalent document shall be submitted;

(iii) Unless otherwise provided in the BDS, a valid special PCAB


License in case of joint ventures, and registration for the type
and cost of the contract for this Project; and

(iv) NFCC computation in accordance with ITB Clause 5.5.

Class “B” Documents

(v) If applicable, Joint Venture Agreement (JVA) in accordance


with RA 4566.

(b) Technical Documents –

(i) Bid security in accordance with ITB Clause 18. If the Bidder
opts to submit the bid security in the form of:

(i.1) a bank draft/guarantee or an irrevocable letter of credit


issued by a foreign bank, it shall be accompanied by a
confirmation from a Universal or Commercial Bank; or

(i.2) a surety bond accompanied by a certification coming


from the Insurance Commission that the surety or
insurance company is authorized to issue such
instruments.

(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 (e.g., Project Manager,


Project Engineers, Materials Engineers, and Foremen),
to be assigned to the contract to be bid, with their
complete qualification and experience data. These
personnel must meet the required minimum years of
experience set in the BDS; and

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


owned, leased, and/or under purchase agreements,
supported by proof of ownership, certification of
availability of equipment from the equipment
lessor/vendor for the duration of the project, as the case

20
may be, which must meet the minimum requirements
for the contract set in the BDS; and

(iii) Sworn statement in accordance with Section 25.3 of the IRR of


RA 9184 and using the form prescribed in Section IX. Bidding
Forms.

13. Documents Comprising the Bid: Financial Component


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

(a) Financial Bid Form, which includes bid prices and the bill of
quantities, in accordance with ITB Clauses 15.1 and 15.3;and

(b) Any other document related to the financial component of the bid as
stated in the BDS.

13.2. (a) Unless otherwise stated in the BDS, all Bids that exceed the ABC shall
not be accepted.

(b) Unless otherwise indicated in the BDS, for foreign-funded


procurement, a ceiling may be applied to bid prices provided the
following conditions are met:

(i) Bidding Documents are obtainable free of charge on a freely


accessible website. If payment of Bidding Documents is required
by the procuring entity, payment could be made upon the
submission of bids.

(ii) The procuring entity has procedures in place to ensure that the
ABC is based on recent estimates made by the engineer or the
responsible unit of the procuring entity and that the estimates are
based on adequate detailed engineering (in the case of
infrastructure projects) and reflect the quality, supervision and
risk and inflationary factors, as well as prevailing market prices,
associated with the types of works or goods to be procured.

(iii) The procuring entity has trained cost estimators on estimating


prices and analyzing bid variances. In the case of infrastructure
projects, the procuring entity must also have trained quantity
surveyors.

(iv) The procuring entity has established a system to monitor and


report bid prices relative to ABC and engineer’s/procuring
entity’s estimate.

(v) The procuring entity has established a monitoring and evaluation


system for contract implementation to provide a feedback on
actual total costs of goods and works.

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14. Alternative Bids
14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is an offer
made by a Bidder in addition or as a substitute to its original bid which may be
included as part of its original bid or submitted separately therewith for
purposes of bidding. A bid with options is considered an alternative bid
regardless of whether said bid proposal is contained in a single envelope or
submitted in two (2) or more separate bid envelopes.

14.2. Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic technical design as indicated in the drawings
and specifications. Unless there is a value engineering clause in the BDS,
alternative bids shall not be accepted.

14.3. Each Bidder shall submit only one Bid, either individually or as a partner in a
JV. A Bidder who submits or participates in more than one bid (other than as
a subcontractor if a subcontractor is permitted to participate in more than one
bid) will cause all the proposals with the Bidder’s participation to be
disqualified. This shall be without prejudice to any applicable criminal, civil
and administrative penalties that may be imposed upon the persons and
entities concerned.

15. Bid Prices


15.1. The contract shall be for the whole Works, as described in ITB Clause 1.1,
based on the priced Bill of Quantities submitted by the Bidder.

15.2. The Bidder shall fill in rates and prices for all items of the Works described in
the Bill of Quantities. Bids not addressing or providing all of the required
items in the Bidding Documents including, where applicable, Bill of
Quantities, shall be considered non-responsive and, thus, automatically
disqualified. In this regard, where a required item is provided, but no price is
indicated, the same shall be considered as non-responsive, but specifying a
zero (0)or a dash (-) for the said item would mean that it is being offered for
free to the Government, except those required by law or regulations to be
provided for.

15.3. All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, prior to the deadline for submission of bids,
shall be included in the rates, prices, and total bid price submitted by the
Bidder.

15.4. All bid prices for the given scope of work in the contract as awarded shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as
specified in GCC Clause 48.Upon the recommendation of the Procuring
Entity, price escalation may be allowed in extraordinary circumstances as may
be determined by the National Economic and Development Authority in
accordance with the Civil Code of the Philippines, and upon approval by the
GPPB. Furthermore, in cases where the cost of the awarded contract is
affected by any applicable new laws, ordinances, regulations, or other acts of

22
the GoP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no
gain basis.

16. Bid Currencies


16.1. All bid prices shall be quoted in Philippine Pesos unless otherwise provided in
the BDS. However, for purposes of bid evaluation, bids denominated in
foreign currencies shall be converted to Philippine currency based on the
exchange rate prevailing on the day of the Bid Opening.

16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the
amounts in various currencies in which the bid price is expressed to Philippine
Pesos at the exchange rate as published in the Bangko Sentral ng Pilipinas
(BSP) reference rate bulletin on the day of the bid opening.

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

17. Bid Validity


17.1. Bids shall remain valid for the period specified in the BDS which shall not
exceed one hundred twenty (120) calendar days from the date of the opening
of bids.

17.2. In exceptional circumstances, prior to the expiration of the bid validity period,
the Procuring Entity may request Bidders to extend the period of validity of
their bids. The request and the responses shall be made in writing. The bid
security described in ITB Clause 18 should also be extended corresponding to
the extension of the bid validity period at the least. A Bidder may refuse the
request without forfeiting its bid security, but his bid shall no longer be
considered for further evaluation and award. A Bidder granting the request
shall not be required or permitted to modify its bid.

18. Bid Security


18.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid
Security in an amount stated in the BDS, which shall be not less than the
percentage of the ABC in accordance with the following schedule:

Amount of Bid Security


Form of Bid Security (Not less than the Percentage of
the ABC)
(a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.
Two percent (2%)
For biddings conducted by
LGUs, the cashier’s/manager’s
check may be issued by other

23
banks certified by the BSP as
authorized to issue such financial
instrument.

(b) Bank draft/guarantee or


irrevocable letter of credit issued
by a Universal or Commercial
Bank: Provided, however, that it
shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.

For biddings conducted by


LGUs, the Bank
Draft/Guarantee, or irrevocable
letter of credit may be issued by
other banks certified by the BSP
as authorized to issue such
financial instrument.

(c) Surety bond callable upon


demand issued by a surety or
insurance company duly certified
Five percent (5%)
by the Insurance Commission as
authorized to issue such security;
and/or

The Bid Securing Declaration mentioned above is an undertaking which


states, among others, that the Bidder shall enter into contract with the
procuring entity and furnish the performance security required under ITB
Clause 32.2, within ten (10) calendar daysfrom receipt of the Notice of Award,
and commits to pay the corresponding amount as fine, and be suspended for a
period of time from being qualified to participate in any government
procurement activity in the event it violates any of the conditions stated
therein as provided in the guidelines issued by the GPPB.

18.2. The bid security should be valid for the period specified in the BDS. Any bid
not accompanied by an acceptable bid security shall be rejected by the
Procuring Entity as non-responsive.

18.3. No bid securities shall be returned to Bidders after the opening of bids and
before contract signing, except to those that failed or declared as post-
disqualified, upon submission of a written waiver of their right to file a request
for reconsideration and/or protest, or lapse of the reglementary period without
having filed a request for reconsideration or protest. Without prejudice on its
forfeiture, Bid Securities shall be returned only after the Bidder with the
Lowest Calculated Responsive Bid (LCRB) has signed the contract and
furnished the Performance Security, but in no case later than the expiration of
the Bid Security validity period indicated in ITB Clause 18.2.

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18.4. Upon signing and execution of the contract, pursuant to ITB Clause 31, and
the posting of the performance security, pursuant to ITB Clause 32, the
successful Bidder’s Bid Security will be discharged, but in no case later than
the Bid Security validity period as indicated in ITB Clause 18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified in
ITB Clause 17;

(ii) does not accept the correction of errors pursuant to ITB Clause
27.3(b);

(iii) has a finding against the veracity of the required documents


submitted in accordance with ITB Clause 28.2;

(iv) submission of eligibility requirements containing false


information or falsified documents;

(v) submission of bids that contain false information or falsified


documents, or the concealment of such information in the bids
in order to influence the outcome of eligibility screening or any
other stage of the public bidding;

(vi) allowing the use of one’s name, or using the name of another
for purposes of public bidding;

(vii) withdrawal of a bid, or refusal to accept an award, or enter into


contract with the Government without justifiable cause, after
the Bidder had been adjudged as having submitted the LCRB;

(viii) refusal or failure to post the required performance security


within the prescribed time;

(ix) refusal to clarify or validate in writing its bid during post-


qualification within a period of seven (7) calendar days from
receipt of the request for clarification;

(x) any documented attempt by a Bidder to unduly influence the


outcome of the bidding in his favor;

(xi) failure of the potential joint venture partners to enter into the
joint venture after the bid is declared successful; or

(xii) all other acts that tend to defeat the purpose of the competitive
bidding, such as habitually withdrawing from bidding,
submitting late Bids or patently insufficient bid, for at least
three (3) times within a year, except for valid reasons.

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(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause31;

(ii) fails to furnish performance security in accordance with ITB


Clause32.

19. Format and Signing of Bids


19.1 Bidders shall submit their bids through their duly authorized representative
using the appropriate forms provided in Section IX. Bidding Forms on or
before the deadline specified in the ITB Clause 21 in two (2) separate sealed
bid envelopes, and which shall be submitted simultaneously. The first shall
contain the technical component of the bid, including the eligibility
requirements under ITB Clause 12.1, and the second shall contain the financial
component of the bid. This shall also be observed for each lot in the case of lot
procurement.

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

19.3 The Bidder shall prepare and submit an original of the first and second
envelopes as described in ITB Clauses 12 and 13. In addition, the Bidder
shall submit copies of the first and second envelopes. In the event of any
discrepancy between the original and the copies, the original shall prevail.

19.4 Each and every page of the Bid Form, including the Bill of Quantities, under
Section IX hereof, shall be signed by the duly authorized representative/s of
the Bidder. Failure to do so shall be a ground for the rejection of the bid.

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

20. Sealing and Marking of Bids


20.1. Bidders shall enclose their original eligibility and technical documents
described in ITB Clause 12, in one sealed envelope marked “ORIGINAL -
TECHNICAL COMPONENT,” and the original of their financial component
in another sealed envelope marked “ORIGINAL - FINANCIAL
COMPONENT,” sealing them all in an outer envelope marked “ORIGINAL
BID.”

20.2. Each copy of the first and second envelopes shall be similarly sealed duly
marking the inner envelopes as “COPY NO. ___ - TECHNICAL
COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and
the outer envelope as “COPY NO. ___,” respectively. These envelopes
containing the original and the copies shall then be enclosed in one single
envelope.

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20.3. The original and the number of copies of the bid as indicated in the BDS shall
be typed or written in ink and shall be signed by the Bidder or its duly
authorized representative/s.

20.4. All envelopes shall:

(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the Bidder in capital letters;

(c) be addressed to the Procuring Entity’s BAC in accordance with ITB


Clause 20.1;

(d) bear the specific identification of this bidding process indicated in the
ITB Clause 1.2; and

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

20.5. Bid envelopes that are not properly sealed and marked, as required in the
bidding documents, shall not be rejected, but the Bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The
BAC or the Procuring Entity shall assume no responsibility for the
misplacement of the contents of the improperly sealed or marked bid, or for its
premature opening.

D. Submission and Opening of Bids


21. Deadline for Submission of Bids
Bids must be received by the Procuring Entity’s BAC at the address and on or before
the date and time indicated in the BDS.

22. Late Bids


Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall
not be accepted by the Procuring Entity. The BAC shall record in the minutes of Bid
Submission and Opening, the Bidder’s name, its representative and the time the late
bid was submitted.

23. Modification and Withdrawal of Bids


23.1. The Bidder may modify its bid after it has been submitted; provided that the
modification is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Bidder shall not be allowed
to retrieve its original bid, but shall be allowed to submit another bid equally
sealed and properly identified in accordance with Clause 20, linked to its
original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL
MODIFICATION” and stamped “received” by the BAC. Bid modifications

27
received after the applicable deadline shall not be considered and shall be
returned to the Bidder unopened.

23.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has
been submitted, for valid and justifiable reason; provided that the Letter of
Withdrawal is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Letter of Withdrawal must
be executed by the authorized representative of the Bidder identified in the
Omnibus Sworn Statement, a copy of which should be attached to the letter.

23.3. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be
returned unopened to the Bidders. A Bidder, who has acquired the bidding
documents may also express its intention not to participate in the bidding
through a letter which should reach and be stamped by the BAC before the
deadline for submission and receipt of bids. A Bidder that withdraws its bid
shall not be permitted to submit another bid, directly or indirectly, for the
same contract.

23.4. No bid may be modified after the deadline for submission of bids. No bid may
be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the
Financial Bid Form. Withdrawal of a bid during this interval shall result in the
forfeiture of the Bidder’s bid security, pursuant to ITB Clause 18.5, and the
imposition of administrative, civil, and criminal sanctions as prescribed by RA
9184 and its IRR.

24. Opening and Preliminary Examination of Bids


24.1. The BAC shall open the Bids in public, immediately after the deadline for the
submission and receipt of bids in public, as specified in the BDS. In case the
Bids cannot be opened as scheduled due to justifiable reasons, the BAC shall
take custody of the Bids submitted and reschedule the opening of Bids on the
next working day or at the soonest possible time through the issuance of a
Notice of Postponement to be posted in the PhilGEPS website and the website
of the Procuring Entity concerned.

24.2. Unless otherwise specified in the BDS, the BAC shall open the first bid
envelopes and determine each Bidder’s compliance with the documents
prescribed in ITB Clause 12, using a non-discretionary “pass/fail” criterion. If
a Bidder submits the required document, it shall be rated “passed” for that
particular requirement. In this regard, bids that fail to include any requirement
or are incomplete or patently insufficient shall be considered as “failed”.
Otherwise, the BAC shall rate the said first bid envelope as “passed”.

24.3. Unless otherwise specified in the BDS, immediately after determining


compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible Bidder
whose first bid envelope was rated “passed.” The second envelope of each
complying Bidder shall be opened within the same day. In case one or more of
the requirements in the second envelope of a particular bid is missing,
incomplete or patently insufficient, and/or if the submitted total bid price

28
exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC
shall rate the bid concerned as “failed.” Only bids that are determined to
contain all the bid requirements for both components shall be rated “passed”
and shall immediately be considered for evaluation and comparison.

24.4. Letters of Withdrawal shall be read out and recorded during bid opening, and
the envelope containing the corresponding withdrawn bid shall be returned to
the Bidder unopened.

24.5. All members of the BAC who are present during bid opening shall initial
every page of the original copies of all bids received and opened.

24.6. In the case of an eligible foreign bidder as described in ITB Clause 5, the
following Class “A” Documents may be substituted with the appropriate
equivalent documents, if any, issued by the country of the foreign bidder
concerned, which shall likewise be uploaded and maintained in the PhilGEPS
in accordance with Section 8.5.2 of the IRR.:

a) Registration certificate from the Securities and Exchange Commission


(SEC), Department of Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives;

b) Mayor’s/Business permit issued by the local government where the


principal place of business of the Bidder is located; and

c) Audited Financial Statements showing, among others, the prospective


Bidder’s total and current assets and liabilities stamped “received” by the
Bureau of Internal Revenue or its duly accredited and authorized
institutions, for the preceding calendar year which should not be earlier
than two years from the date of bid submission.

24.7. Each partner of a joint venture agreement shall likewise submit the document
required in ITB Clause 12.1(a)(i). Submission of documents required under
ITB Clauses 12.1(a)(ii) to 12.1(a)(iv) by any of the joint venture partners
constitutes compliance.

24.8. The Procuring Entity shall prepare the minutes of the proceedings of the bid
opening that shall include, as a minimum: (a) names of Bidders, their bid
price (per lot, if applicable, and/or including discount, if any), bid security,
findings of preliminary examination, and whether there is a withdrawal or
modification; and (b) attendance sheet. The BAC members shall sign the
abstract of bids as read.

24.8. The Bidders or their duly authorized representatives may attend the opening of
bids. The BAC shall ensure the integrity, security, and confidentiality of all
submitted bids. The Abstract of Bids as read and the minutes of the Bid
Opening shall be made available to the public upon written request and
payment of a specified fee to recover cost of materials.

24.9 To ensure transparency and accurate representation of the bid submission, the
BAC Secretariat shall notify in writing all Bidders whose bids it has received

29
through its PhilGEPS-registered physical address or official e-mail address.
The notice shall be issued within seven (7) calendar days from the date of the
bid opening.

E. Evaluation and Comparison of Bids


25. Process to be Confidential
25.1. Members of the BAC, including its staff and personnel, as well as its
Secretariat and TWG, are prohibited from making or accepting any kind of
communication with any Bidder regarding the evaluation of their bids until the
issuance of the Notice of Award, unless otherwise allowed in the case of ITB
Clause 26.

25.2. Any effort by a Bidder to influence the Procuring Entity in the Procuring
Entity’s decision in respect of bid evaluation, bid comparison or contract
award will result in the rejection of the Bidder’s bid.

26. Clarification of Bids


To assist in the evaluation, comparison and post-qualification of the bids, the
Procuring Entity may ask in writing any Bidder for a clarification of its bid. All
responses to requests for clarification shall be in writing. Any clarification submitted
by a Bidder in respect to its bid and that is not in response to a request by the
Procuring Entity shall not be considered

27. Detailed Evaluation and Comparison of Bids


27.1. The Procuring Entity will undertake the detailed evaluation and comparison of
Bids which have passed the opening and preliminary examination of Bids,
pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.

27.2. The Lowest Calculated Bid shall be determined in two steps:

(a) The detailed evaluation of the financial component of the bids, to


establish the correct calculated prices of the bids; and

(b) The ranking of the total bid prices as so calculated from the lowest to
highest. The bid with the lowest price shall be identified as the Lowest
Calculated Bid.

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

(a) Completeness of the bid. Unless the BDS allows partial bids, bids not
addressing or providing all of the required items in the Schedule of
Requirements including, where applicable, bill of quantities, shall be
considered non-responsive and, thus, automatically disqualified. In this
regard, where a required item is provided, but no price is indicated, the
same shall be considered as non-responsive, but specifying a zero (0)or

30
a dash (-)for the said item would mean that it is being offered for free
to the Procuring Entity, except those required by law or regulations to
be provided for; and

(b) Arithmetical corrections. Consider computational errors and omissions


to enable proper comparison of all eligible bids. It may also consider
bid modifications. Any adjustment shall be calculated in monetary
terms to determine the calculated prices.

27.4. Based on the detailed evaluation of bids, those that comply with the above-
mentioned requirements shall be ranked in the ascending order of their total
calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, to identify the Lowest Calculated Bid.
Total calculated bid prices, as evaluated and corrected for computational
errors, discounts and other modifications, which exceed the ABC shall not be
considered, unless otherwise indicated in the BDS.

27.5. The Procuring Entity’s evaluation of bids shall be based on the bid price
quoted in the Bid Form, which includes the Bill of Quantities.

27.6. Bids shall be evaluated on an equal footing to ensure fair competition. For
this purpose, all Bidders shall be required to include in their bids the cost of all
taxes, such as, but not limited to, value added tax (VAT), income tax, local
taxes, and other fiscal levies and duties which shall be itemized in the bid form
and reflected in the detailed estimates. Such bids, including said taxes, shall
be the basis for bid evaluation and comparison.

27.7. If so indicated pursuant to ITB Clause 1.2. Bids are being invited for
individual lots or for any combination thereof, provided that all Bids and
combinations of Bids shall be received by the same deadline and opened and
evaluated simultaneously so as to determine the bid or combination of bids
offering the lowest calculated cost to the Procuring Entity. Bid prices quoted
shall correspond to all of the requirements specified for each lot. Bid Security
as required by ITB Clause 18 shall be submitted for each contract (lot)
separately. The basis for evaluation of lots is specified in BDS Clause 27.3.

28. Post Qualification


28.1. The BAC shall determine to its satisfaction whether the Bidder that is
evaluated as having submitted the Lowest Calculated Bid complies with and is
responsive to all the requirements and conditions specified in ITB Clauses 5,
12, and 13.

28.2. Within a non-extendible period of five(5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated
Bid, the Bidder shall submit its latest income and business tax returns filed and
paid through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS.

Failure to submit any of the post-qualification requirements on time, or a


finding against the veracity thereof, shall disqualify the Bidder for award.

31
Provided in the event that a finding against the veracity of any of the
documents submitted is made, it shall cause the forfeiture of the bid security in
accordance with Section 69 of the IRR of RA 9184.

28.3. The determination shall be based upon an examination of the documentary


evidence of the Bidder’s qualifications submitted pursuant to ITB Clauses
12and 13, as well as other information as the Procuring Entity deems
necessary and appropriate, using a non-discretionary “pass/fail” criterion,
which shall be completed within a period of twelve (12) calendar days.

28.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes
all the criteria for post-qualification, it shall declare the said bid as the LCRB,
and recommend to the HoPE the award of contract to the said Bidder at its
submitted price or its calculated bid price, whichever is lower, subject to ITB
Clause 30.3.

28.5. A negative determination shall result in rejection of the Bidder’s bid, in which
event the Procuring Entity shall proceed to the next Lowest Calculated Bid,
with a fresh period to make a similar determination of that Bidder’s
capabilities to perform satisfactorily. If the second Bidder, however, fails the
post qualification, the procedure for post qualification shall be repeated for the
Bidder with the next Lowest Calculated Bid, and so on until the LCRB is
determined for recommendation of contract award.

28.6. Within a period not exceeding fifteen (15) calendar days from the
determination by the BAC of the LCRB and the recommendation to award the
contract, the HoPE or his duly authorized representative shall approve or
disapprove the said recommendation.

28.7. In the event of disapproval, which shall be based on valid, reasonable, and
justifiable grounds as provided for under Section 41 of the IRR of RA 9184,
the HoPE shall notify the BAC and the Bidder in writing of such decision and
the grounds for it. When applicable, the BAC shall conduct a post-
qualification of the Bidder with the next Lowest Calculated Bid. A request for
reconsideration may be filed by the Bidder with the HoPE in accordance with
Section 37.1.3 of the IRR of RA 9184.

29. Reservation Clause


29.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring
Entity concerned reserves the right to review its qualifications at any stage of
the procurement process if it has reasonable grounds to believe that a
misrepresentation has been made by the said Bidder, or that there has been a
change in the Bidder’s capability to undertake the project from the time it
submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements, statements
or documents, or any changes in the situation of the Bidder which will affect
its capability to undertake the project so that it fails the preset eligibility or bid
evaluation criteria, the Procuring Entity shall consider the said Bidder as
ineligible and shall disqualify it from submitting a bid or from obtaining an
award or contract.

32
29.2. Based on the following grounds, the Procuring Entity reserves the right to
reject any and all Bids, declare a Failure of Bidding at any time prior to the
contract award, or not to award the contract, without thereby incurring any
liability, and make no assurance that a contract shall be entered into as a result
of the bidding:

(a) If there is prima facie evidence of collusion between appropriate public


officers or employees of the Procuring Entity, or between the BAC and
any of the Bidders, or if the collusion is between or among the Bidders
themselves, or between a Bidder and a third party, including any act
which restricts, suppresses or nullifies or tends to restrict, suppress or
nullify competition;

(b) If the Procuring Entity’s BAC is found to have failed in following the
prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the GOPas follows:

(i) If the physical and economic conditions have significantly


changed so as to render the project no longer economically,
financially or technically feasible as determined by the HoPE;

(ii) If the project is no longer necessary as determined by the


HoPE; and

(iii) If the source of funds for the project has been withheld or
reduced through no fault of the Procuring Entity.

29.3. In addition, the Procuring Entity may likewise declare a failure of bidding
when:

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

(c) All bids fail to comply with all the bid requirements, fail post-
qualification; or

(d) The Bidder with the LCRB refuses, without justifiable cause, to accept
the award of contract, and no award is made in accordance with
Section 40 of the IRR of RA 9184.

F. Award of Contract

30. Contract Award


30.1. Subject to ITB Clause 28, the HoPE or its duly authorized representative shall
award the contract to the Bidder whose bid has been determined to be the
LCRB.

33
30.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall
notify the successful Bidder in writing that its bid has been accepted, through a
Notice of Award duly received by the Bidder or its representative personally
or by registered mail or electronically, receipt of which must be confirmed in
writing within two (2) days by the Bidder with the LCRB and submitted
personally or sent by registered mail or electronically to the Procuring Entity.

30.3. Notwithstanding the issuance of the Notice of Award, award of contract shall
be subject to the following conditions:

(a) Submission of the following documents within ten (10) calendar days
from receipt of the Notice of Award:

(i) In the case of procurement by a Philippine Foreign Service


Office or Post, the PhilGEPS Registration Number of the
winning foreign Bidder; or

(ii) Valid PCAB license and registration for the type and cost of the
contract to be bid for foreign bidders when the Treaty or
International or Executive Agreement expressly allows
submission of the PCAB license and registration for the type
and cost of the contract to be bid as a pre-condition to the
Award;

(b) Posting of the performance security in accordance with ITB Clause 32;

(c) Signing of the contract as provided in ITB Clause 31; and

(d) Approval by higher authority, if required, as provided in Section 37.3


of the IRR of RA 9184.

31. Signing of the Contract


31.1. At the same time as the Procuring Entity notifies the successful Bidder that its
bid has been accepted, the Procuring Entity shall send the Contract Form to
the Bidder, which Contract has been provided in the Bidding Documents,
incorporating therein all agreements between the parties.

31.2. Within ten (10) calendar days from receipt of the Notice of Award, the
successful Bidder shall post the required performance security, sign and date
the contract and return it to the Procuring Entity.

31.3. The Procuring Entity shall enter into contract with the successful Bidder
within the same ten (10) calendar day period provided that all the documentary
requirements are complied with.

31.4. The following documents shall form part of the contract:

(a) Contract Agreement;

(b) Bidding Documents;

34
(c) Winning Bidder’s bid, including the Technical and Financial
Proposals, and all other documents/statements submitted (e.g.,
Bidder’s response to request for clarifications on the bid), including
corrections to the bid, if any, resulting from the Procuring Entity’s bid
evaluation;

(d) Performance Security;

(e) Notice of Award of Contract; and

(f) Other contract documents that may be required by existing laws and/or
specified in the BDS.

32. Performance Security


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

32.2. The Performance Security shall be denominated in Philippine Pesos and


posted in favor of the Procuring Entity in an amount not less than the
percentage of the total contract price in accordance with the following
schedule:

Amount of Performance Security


Form of Performance Security (Not less than the Percentage of the
Total Contract Price)
(a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.

For biddings conducted by the


LGUs, the Cashier’s/Manager’s
Check may be issued by other
banks certified by the BSP as
authorized to issue such
financial instrument.

(b) Bank draft/guarantee or Ten percent (10%)


irrevocable letter of credit
issued by a Universal or
Commercial Bank: Provided,
however, that it shall be
confirmed or authenticated by a
Universal or Commercial Bank,
if issued by a foreign bank.

For biddings conducted by the


LGUs, Bank Draft/Guarantee,
or Irrevocable Letter of Credit

35
may be issued by other banks
certified by the BSP as
authorized to issue such
financial instrument.

(c) Surety bond callable upon


demand issued by a surety or Thirty percent (30%)
insurance company duly
certified by the Insurance
Commission as authorized to
issue such security.

32.3. Failure of the successful Bidder to comply with the above-mentioned


requirement shall constitute sufficient ground for the annulment of the award
and forfeiture of the bid security, in which event the Procuring Entity shall
have a fresh period to initiate and complete the post qualification of the second
Lowest Calculated Bid. The procedure shall be repeated until LCRB is
identified and selected for recommendation of contract award. However if no
Bidder passed post-qualification, the BAC shall declare the bidding a failure
and conduct a re-bidding with re-advertisement, if necessary.

33. Notice to Proceed


Within seven (7) calendar days from the date of approval of the Contract by the
appropriate government approving authority, the Procuring Entity shall issue the
Notice to Proceed (NTP) together with a copy or copies of the approved contract to
the successful Bidder. All notices called for by the terms of the contract shall be
effective only at the time of receipt thereof by the successful Bidder.

34. Protest Mechanism


Decision of the procuring entity at any stage of the procurement process may be
questioned in accordance with Sections 55 of the IRR of RA 9184.

36
Section III. Bid Data Sheet

37
Bid Data Sheet
ITB Clause
1.1 The Procuring Entity is the Procurement Service (PS).

The name of the Contract is CONSTRUCTION OF TWO STOREY


SUPPLY WAREHOUSE FOR THE DEPARTMENT OF HEALTH-
TREATMENT AND REHABILITATION CENTER (DOH-TRC)-
DULAG, LEYTE

The identification number of the Contract is PUBLIC BIDDING NO. 19-


137-2

2 The Funding Source is:

The Government of the Philippines (GoP) through the General


Appropriations Act for 2017 in the amount of Two Million Eight Hundred
Eighty Thousand Pesos only (Php 2,880,000.00).

The name of the Project is CONSTRUCTION OF TWO STOREY SUPPLY


WAREHOUSE FOR THE DEPARTMENT OF HEALTH-TREATMENT
AND REHABILITATION CENTER (DOH-TRC)- DULAG, LEYTE
3.1 No further instructions.

5.1 No further instructions.

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

5.4(a) For this purpose, similar contracts shall refer to General Building
Construction with a contract amount of at least 50% of the ABC to be bid.

5.4(b) No further instructions.

8.1 Subcontracting is not allowed.

8.2 Not applicable.

9.1 The Procuring Entity will hold a pre-bid conference for this Project on
April 24, 2019; 10:30 AM at

Procurement Service
Bids and Awards Committee II
2nd Floor, PS Complex, RR Road
Cristobal St., Paco, Manila

38
10.1 Clarifications should be sent to:

PROCUREMENT SERVICE - DBM


Bids and Awards Committee II
R.R. Road, Cristobal St., Paco, Manila
Telephone No: 689-7750 loc. 4031
[email protected]

10.4 No further instructions.

12.1 No further instructions.

12.1 (a) (i) The valid PhilGEPS Certificate of Registration (Platinum Membership)
shall reflect the updated eligibility documents. Should the Annex A of said
Certificate reflects not updated documents, the bidder shall submit, together
with the Certificate certified true copies of the updated documents.

Notwithstanding the above requirements, the bidder may opt to submit the
following eligibility documents in lieu of the submission of the PhilGEPS
Certificate of Registration (Platinum Membership):
a. Business Registration;
b. 2019 Mayor's Permit;
c. 2017 Audited Financial Statement;
d. Valid and current Tax Clearance
e. Valid and Applicable PCAB License

In the latter case, the bidder shall submit a valid PhilGEPS Registration
Certificate as part of post-qualification documents.

12.1 (a) (ii) Bidders must also submit the following:

1. Duly signed Statement of all Ongoing Government & Private


Construction Contracts including contracts awarded but not yet started.

The supporting documents stated in the said form shall be submitted during
post-qualification evaluation

2. Duly signed Statement showing the bidder’s Single Largest Completed


Contract which is similar in nature.

The supporting documents stated in the said form shall form part of the
Technical Eligibility requirements.

See sample forms under Section IX. Bidding Forms.

12.1(a)(iii) The minimum valid and applicable PCAB Registration required for this
project is Small B, for General Building Construction/ Special PCAB
License in case of Joint Venture

39
12.1(b)(ii.2) The minimum work experience requirements for key personnel are the
following:

Minimum Years
No. of
Key Personnel of Relevant
Personnel
Experience
Project Engineer (Registered Civil Engineer) 2 1
Electrical Engineer (Registered Electrical 2 1
Engineer)
Construction Foreman 3 1

Relevant Experience with respect to the projects as defined under BDS


Clause 5.4 (b).

See sample forms under Section IX. Bidding Forms.


12.1(b)(ii.3) The minimum major equipment requirements are the following:

Item Number
Equipment
No. of Units
1. 1 Concrete Bagger Mixer
2. 1 Concrete Vibrator

Note: The bidder may choose the ff. options:


1. Proof of ownership to be included in the Technical Proposal; or
2. Lease Agreement between lessor and lessee and Proof of Ownership of
the Lessor to be included in the Technical Proposal; or
3.Purchase Agreement between the bidder and the owner. Certification of
availability of equipment from the vendor for the duration of the project

Equipment pledge to this project shall not be pledge to another construction


project, if the same will affect the completion time.
However such equipment will be acceptable provided that it will not
coincide with another construction project schedule.

See sample forms under Section IX. Bidding Forms.

13.1 No additional Requirements

13.1(b) This shall include all of the following documents:

1. Bid Prices in the bill of quantities in the prescribed form.

2. Detailed estimates (In the unit price analysis, VAT shall be 12% of the
sum of Direct Costs & Total Mark-Up)

3. Summary sheet indicating the unit prices of construction materials, labor


rates and equipment OWNED/LEASED used in coming up with the bid, and

40
4. Cash flow by quarter and payment schedules.

13.2 The ABC is Two Million Eight Hundred Eighty Thousand Pesos Only
(Php 2,880,000.00). Any bid with a financial component exceeding this
amount shall not be accepted.

14.2 No further instruction.

15.4 No further instruction.

16.1 The bid prices shall be quoted in Philippine Pesos.

16.3 No further instructions.

17.1 The Bid Security shall be valid for One Hundred Twenty (120) Calendar
Days from the date of opening of bids.

18.1 The bid security shall be in the form of a Bid Securing Declaration or any of
the following forms and amounts:
Amount Bid
Cash, Surety Bond callable Securing
Cashier’s/Manager’s upon demand issued by a Declaration
Check, Bank surety or insurance (Pursuant to
Lot Item/Description GPPB
Draft/Guarantee or company duly certified
Irrevocable Letter of by the Insurance Resolution
Credit Commission No. 03-
(2%) (5%) 2012)
CONSTRUCTION
OF TWO STOREY
SUPPLY
WAREHOUSE
Please
FOR THE
refer to
DEPARTMENT
1 P 57,600.00 P 144,000.00 Section IX
OF HEALTH-
Bidding
TREATMENT Forms
AND
REHABILITATIO
N CENTER-
DULAG, LEYTE

The Bid Security in the form of cashier's/manager's check shall be


payable to PROCUREMENT SERVICE.
18.2 The Bid Security shall be valid for One Hundred Twenty (120) Calendar
Days from the date of opening of bids.

20.3 Each Bidder shall submit One (1) original and Two (2) copies of the first
and second components of its bid.

The duplicate- i.e. copy 1 and copy 2, must include the same documents as
that of the original set of documents. In case, however, a bidder opts to
submit cash as bid security, copy 1 and copy 2 need not contain photocopies

41
of the same.

21 The address for submission of bids is:

Procurement Service
Bids and Awards Committee II
2nd Floor, PS Complex, RR Road
Cristobal St., Paco, Manila

The deadline for submission of bids is on May 07, 2019; 1:00 PM.

24.1 The place of bid opening is:

PS Conference Room
2nd Floor, PS Complex, RR Road
Cristobal St., Paco, Manila

The bid opening will be held immediately after the deadline of submission
of bids.

During the opening of bids only the authorized representative shall be


allowed to assist in the opening of bids. In case the authorized representative
is not present, any representative of the authorized representative may be
allowed to assist in the opening of bids provided that a separate written
authorization from the authorized representative shall be presented for the
purpose. Provided that the authorized representative is duly authorized to
issue such further authority and the same is reflected in the Board
Resolution and/or Secretary's Certificate.

24.2 No further instructions.

24.3 No further instructions.

27.3 Partial bid is not allowed. The infrastructure project is packaged in a single
lot and the lot shall not be divided into sub-lots for the purpose of bidding,
evaluation, and contract award.

27.4 No further instructions.

28.2 No licenses and permits required.

For purposes of Post-qualification the following document(s) shall be


required to be submitted within five (5) calendar days from receipt of notice
from the BAC:
1. Income Tax Returns for year 2017 (BIR Form 1701 or 1702);
2. Latest Value Added Tax Returns (Forms 2550M and 2550Q) or
Percentage Tax Returns (Form 2551M) for the last six (6) months.
For this requirement, it is considered as latest return when filed
within the last two (2) months before the deadline of the submission
of bids.

42
The income tax and business tax returns stated above should have
been filed through the Electronic Filing and Payment System (eFPS).

3. Proof of completion of the single largest contract as identified in the


Statement of Single Largest Contract, which shall include the
following:

a. Owner's certificate of final acceptance issued by the project


owner; or
b. Contractor's Performance Evaluation System (CPES) rating
sheet with at least satisfactory rating or Certificate of
Completion and/or Owner's Acceptance.

4. Proof of Ongoing and Awarded Contracts but not yet started


contracts as identified in the Statement of All Ongoing Government
& Private Contracts, which shall include the following:

a. Notice to Proceed or equivalent; and

b. Certificate of accomplishments signed by the Owner or Owner's


Project Engineer or in case the project was just awarded or still
in the mobilization stage, a certification in lieu of the certificate
of accomplishment signed by the Owner or Owner's Project
Engineer should be submitted.

5. Submission of evidences1 as proof of compliance with the bidder's


actual offer, if applicable.

6. Valid PhilGEPS Certificate of Registration (Platinum Membership),


if bidder opted to submit the eligibility documents under the
Certificate during opening of bids.

N.B. Documents submitted during post-qualification as part of post-


qualification documents must be certified by the authorized representative to
be true copy/ies from the original.

1 In the column "Bidder's Compliance", the bidder must state "comply" against each of the individual
parameters of each specification corresponding to performance parameter of equipment offered. Statement of
"comply" must be supported by evidence in a bidders bid and cross-referenced to that evidence. Evidence shall
be in the form of manufacturer's or distributor's un-amended sales literature, unconditional statements or
specification and compliance issued by the manufacturer or distributor, samples, independent test data etc., as
appropriate.

43
31.4(f) The following documents shall be submitted by the winning bidder within
ten (10) calendar days from receipt of the Notice of Award (NOA):

a) Construction Schedule and S-curve;


b) Manpower Schedule;
c) Construction Methods;
d) Equipment utilization schedule;
e) Construction Safety and Health Program approved by the
Department of Labor and Employment, evidence of submission as
received by DOLE is acceptable).
f) Program Evaluation and Review Technique (PERT)/Critical Path
Method (CPM).

44
Section IV. General Conditions of Contract

45
TABLE OF CONTENTS

1. DEFINITIONS ................................................................................................ 48
2. INTERPRETATION ........................................................................................ 50
3. GOVERNING LANGUAGE AND LAW ............................................................. 51
4. COMMUNICATIONS ...................................................................................... 51
5. POSSESSION OF SITE .................................................................................... 51
6. THE CONTRACTOR’S OBLIGATIONS ........................................................... 51
7. PERFORMANCE SECURITY........................................................................... 52
8. SUBCONTRACTING ....................................................................................... 53
9. LIQUIDATED DAMAGES ............................................................................... 54
10. SITE INVESTIGATION REPORTS................................................................... 54
11. THE PROCURING ENTITY, LICENSES AND PERMITS ................................... 54
12. CONTRACTOR’S RISK AND WARRANTY SECURITY .................................... 54
13. LIABILITY OF THE CONTRACTOR ............................................................... 57
14. PROCURING ENTITY’S RISK ........................................................................ 57
15. INSURANCE .................................................................................................. 57
16. TERMINATION FOR DEFAULT OF CONTRACTOR ........................................ 58
17. TERMINATION FOR DEFAULT OF PROCURING ENTITY .............................. 59
18. TERMINATION FOR OTHER CAUSES ........................................................... 59
19. PROCEDURES FOR TERMINATION OF CONTRACTS ..................................... 61
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE .................................. 63
21. RESOLUTION OF DISPUTES .......................................................................... 64
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION .................. 65
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS ............................. 65
24. APPROVAL OF DRAWINGS AND TEMPORARY WORKS BY THE
PROCURING ENTITY’S REPRESENTATIVE................................................... 65
25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING
ENTITY’S REPRESENTATIVE ....................................................................... 65
26. EXTENSION OF THE INTENDED COMPLETION DATE .................................. 66
27. RIGHT TO VARY........................................................................................... 66
28. CONTRACTORS RIGHT TO CLAIM ............................................................... 66
46
29. DAYWORKS .................................................................................................. 66
30. EARLY WARNING ........................................................................................ 67
31. PROGRAM OF WORK ................................................................................... 67
32. MANAGEMENT CONFERENCES .................................................................... 68
33. BILL OF QUANTITIES ................................................................................... 68
34. INSTRUCTIONS, INSPECTIONS AND AUDITS ................................................. 68
35. IDENTIFYING DEFECTS ................................................................................ 69
36. COST OF REPAIRS ........................................................................................ 69
37. CORRECTION OF DEFECTS .......................................................................... 69
38. UNCORRECTED DEFECTS ............................................................................ 69
39. ADVANCE PAYMENT .................................................................................... 70
40. PROGRESS PAYMENTS ................................................................................. 70
41. PAYMENT CERTIFICATES ............................................................................ 71
42. RETENTION .................................................................................................. 71
43. VARIATION ORDERS .................................................................................... 72
44. CONTRACT COMPLETION............................................................................ 73
45. SUSPENSION OF WORK ................................................................................ 74
46. PAYMENT ON TERMINATION ....................................................................... 75
47. EXTENSION OF CONTRACT TIME ................................................................ 75
48. PRICE ADJUSTMENT .................................................................................... 76
49. COMPLETION ............................................................................................... 76
50. TAKING OVER.............................................................................................. 76
51. OPERATING AND MAINTENANCE MANUALS ............................................... 77

47
1. Definitions
For purposes of this Clause, boldface type is used to identify defined terms.

1.1. The Arbiter is the person appointed jointly by the Procuring Entity and the
Contractor to resolve disputes in the first instance, as provided for in GCC
Clause 21.

1.2. Bill of Quantities refers to a list of the specific items of the Work and their
corresponding unit prices, lump sums, and/or provisional sums.

1.3. The Completion Date is the date of completion of the Works as certified by
the Procuring Entity’s Representative, in accordance with GCC Clause 49.

1.4. The Contract is the contract between the Procuring Entity and the Contractor
to execute, complete, and maintain the Works.

1.5 The Contract Effectivity Date is the date of signing of the Contract.
However, the contractor shall commence execution of the Works on the Start
Date as defined in GCC Clause 1.28.

1.6 The Contract Price is the price stated in the Notice of Award and thereafter to
be paid by the Procuring Entity to the Contractor for the execution of the
Works in accordance with this Contract

1.7 Contract Time Extension is the allowable period for the Contractor to
complete the Works in addition to the original Completion Date stated in this
Contract.

1.8 The Contractor is the juridical entity whose proposal has been accepted by
the Procuring Entity and to whom the Contract to execute the Work was
awarded.

1.9 The Contractor’s Bid is the signed offer or proposal submitted by the
Contractor to the Procuring Entity in response to the Bidding Documents.

1.10 Days are calendar days; months are calendar months.

1.11 Dayworks are varied work inputs subject to payment on a time basis for the
Contractor’s employees and Equipment, in addition to payments for associated
Materials and Plant.

1.12 A Defect is any part of the Works not completed in accordance with the
Contract.

1.13 The Defects Liability Certificate is the certificate issued by Procuring


Entity’s Representative upon correction of defects by the Contractor.

1.14 The Defects Liability Period is the one year period between contract
completion and final acceptance within which the Contractor assumes the
responsibility to undertake the repair of any damage to the Works at his own
expense.

48
1.15 Drawings are graphical presentations of the Works. They include all
supplementary details, shop drawings, calculations, and other information
provided or approved for the execution of this Contract.

1.16 Equipment refers to all facilities, supplies, appliances, materials or things


required for the execution and completion of the Work provided by the
Contractor and which shall not form or are not intended to form part of the
Permanent Works.

1.17 The Intended Completion Date refers to the date specified in the SCC when
the Contractor is expected to have completed the Works. The Intended
Completion Date may be revised only by the Procuring Entity’s
Representative by issuing an extension of time or an acceleration order.

1.18 Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.

1.19 The Notice to Proceed is a written notice issued by the Procuring Entity or the
Procuring Entity’s Representative to the Contractor requiring the latter to
begin the commencement of the work not later than a specified or
determinable date.

1.20 Permanent Works are all permanent structures and all other project features
and facilities required to be constructed and completed in accordance with this
Contract which shall be delivered to the Procuring Entity and which shall
remain at the Site after the removal of all Temporary Works.

1.21 Plant refers to the machinery, apparatus, and the like intended to form an
integral part of the Permanent Works.

1.22 The Procuring Entity is the party who employs the Contractor to carry out
the Works stated in the SCC.

1.23 The Procuring Entity’s Representative refers to the Head of the Procuring
Entity or his duly authorized representative, identified in the SCC, who shall
be responsible for supervising the execution of the Works and administering
this Contract.

1.24 The Site is the place provided by the Procuring Entity where the Works shall
be executed and any other place or places which may be designated in the
SCC, or notified to the Contractor by the Procuring Entity’s Representative as
forming part of the Site.

1.25 Site Investigation Reports are those that were included in the Bidding
Documents and are factual and interpretative reports about the surface and
subsurface conditions at the Site.

1.26 Slippage is a delay in work execution occurring when actual accomplishment


falls below the target as measured by the difference between the scheduled and
actual accomplishment of the Work by the Contractor as established from the
work schedule. This is actually described as a percentage of the whole Works.

49
1.27 Specifications means the description of Works to be done and the qualities of
materials to be used, the equipment to be installed and the mode of
construction.

1.28 The Start Date, as specified in the SCC, is the date when the Contractor is
obliged to commence execution of the Works. It does not necessarily coincide
with any of the Site Possession Dates.

1.29 A Subcontractor is any person or organization to whom a part of the Works


has been subcontracted by the Contractor, as allowed by the Procuring Entity,
but not any assignee of such person.

1.30 Temporary Works are works designed, constructed, installed, and removed
by the Contractor that are needed for construction or installation of the
Permanent Works.

1.31 Work(s)refer to the Permanent Works and Temporary Works to be executed


by the Contractor in accordance with this Contract, including (i) the furnishing
of all labor, materials, equipment and others incidental, necessary or
convenient to the complete execution of the Works; (ii) the passing of any
tests before acceptance by the Procuring Entity’s Representative; (iii) and the
carrying out of all duties and obligations of the Contractor imposed by this
Contract as described in the SCC.

2. Interpretation
2.1. In interpreting the Conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity’s Representative
will provide instructions clarifying queries about the Conditions of Contract.

2.2. If sectional completion is specified in the SCC, references in the Conditions of


Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date
and Intended Completion Date for the whole of the Works).

2.3. The documents forming this Contract shall be interpreted in the following order
of priority:

a) Contract Agreement;

b) Bid Data Sheet;

c) Instructions to Bidders;

d) Addenda to the Bidding Documents;

e) Special Conditions of Contract;

f) General Conditions of Contract;

50
g) Specifications;

h) Bill of Quantities; and

i) Drawings.

3. Governing Language and Law


3.1. This Contract has been executed in the English language, which shall be the
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract. All correspondence and other documents
pertaining to this Contract which are exchanged by the parties shall be written
in English.

3.2. This Contract shall be interpreted in accordance with the laws of the Republic
of the Philippines.

4. Communications
Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is received by
the concerned party.

5. Possession of Site
5.1. On the date specified in the SCC, the Procuring Entity shall grant the
Contractor possession of so much of the Site as may be required to enable it to
proceed with the execution of the Works. If the Contractor suffers delay or
incurs cost from failure on the part of the Procuring Entity to give possession
in accordance with the terms of this clause, the Procuring Entity’s
Representative shall give the Contractor a Contract Time Extension and certify
such sum as fair to cover the cost incurred, which sum shall be paid by
Procuring Entity.

5.2. If possession of a portion is not given by the date stated in the SCC Clause 5.1,
the Procuring Entity will be deemed to have delayed the start of the relevant
activities. The resulting adjustments in contract time to address such delay
shall be in accordance with GCC Clause 47.

5.3. The Contractor shall bear all costs and charges for special or temporary right-
of-way required by it in connection with access to the Site. The Contractor
shall also provide at his own cost any additional facilities outside the Site
required by it for purposes of the Works.

5.4. The Contractor shall allow the Procuring Entity’s Representative and any
person authorized by the Procuring Entity’s Representative access to the Site
and to any place where work in connection with this Contract is being carried
out or is intended to be carried out.

6. The Contractor’s Obligations

51
6.1. The Contractor shall carry out the Works properly and in accordance with this
Contract. The Contractor shall provide all supervision, labor, Materials, Plant
and Contractor's Equipment, which may be required. All Materials and Plant
on Site shall be deemed to be the property of the Procuring Entity.

6.2. The Contractor shall commence execution of the Works on the Start Date and
shall carry out the Works in accordance with the Program of Work submitted
by the Contractor, as updated with the approval of the Procuring Entity’s
Representative, and complete them by the Intended Completion Date.

6.3. The Contractor shall be responsible for the safety of all activities on the Site.

6.4. The Contractor shall carry out all instructions of the Procuring Entity’s
Representative that comply with the applicable laws where the Site is located.

6.5. The Contractor shall employ the key personnel named in the Schedule of Key
Personnel, as referred to in the SCC, to carry out the supervision of the
Works. The Procuring Entity will approve any proposed replacement of key
personnel only if their relevant qualifications and abilities are equal to or
better than those of the personnel listed in the Schedule.

6.6. If the Procuring Entity’s Representative asks the Contractor to remove a


member of the Contractor’s staff or work force, for justifiable cause, the
Contractor shall ensure that the person leaves the Site within seven (7) days
and has no further connection with the Work in this Contract.

6.7. During Contract implementation, the Contractor and his subcontractors shall
abide at all times by all labor laws, including child labor related enactments,
and other relevant rules.

6.8. The Contractor shall submit to the Procuring Entity for consent the name and
particulars of the person authorized to receive instructions on behalf of the
Contractor.

6.9. The Contractor shall cooperate and share the Site with other contractors,
public authorities, utilities, and the Procuring Entity between the dates given
in the schedule of other contractors particularly when they shall require access
to the Site. The Contractor shall also provide facilities and services for them
during this period. The Procuring Entity may modify the schedule of other
contractors, and shall notify the Contractor of any such modification thereto.

6.10. Should anything of historical or other interest or of significant value be


unexpectedly discovered on the Site, it shall be the property of the Procuring
Entity. The Contractor shall notify the Procuring Entity’s Representative of
such discoveries and carry out the Procuring Entity’s Representative’s
instructions in dealing with them.

7. Performance Security
7.1. Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both

52
parties, the Contractor shall furnish the performance security in any of the
forms prescribed in ITB Clause 32.2.

7.2. The performance security posted in favor of the Procuring Entity shall be
forfeited in the event it is established that the Contractor is in default in any of
its obligations under the Contract.

7.3. The performance security shall remain valid until issuance by the Procuring
Entity of the Certificate of Final Acceptance.

7.4. The performance security may be released by the Procuring Entity and
returned to the Contractor after the issuance of the Certificate of Final
Acceptance subject to the following conditions:

(a) There are no pending claims against the Contractor or the surety
company filed by the Procuring Entity;

(b) The Contractor has no pending claims for labor and materials filed
against it; and

(c) Other terms specified in the SCC.

7.5. The Contractor shall post an additional performance security following the
amount and form specified in ITB Clause 32.2 to cover any cumulative
increase of more than ten percent (10%) over the original value of the contract
as a result of amendments to order or change orders, extra work orders and
supplemental agreements, as the case may be. The Contractor shall cause the
extension of the validity of the performance security to cover approved
contract time extensions.

7.6. In case of a reduction in the contract value or for partially completed Works
under the contract which are usable and accepted by the Procuring Entity the
use of which, in the judgment of the implementing agency or the Procuring
Entity, will not affect the structural integrity of the entire project, the
Procuring Entity shall allow a proportional reduction in the original
performance security, provided that any such reduction is more than ten
percent (10%) and that the aggregate of such reductions is not more than fifty
percent (50%) of the original performance security.

7.7. Unless otherwise indicated in the SCC, the Contractor, by entering into the
Contract with the Procuring Entity, acknowledges the right of the Procuring
Entity to institute action pursuant to Act 3688 against any subcontractor be
they an individual, firm, partnership, corporation, or association supplying the
Contractor with labor, materials and/or equipment for the performance of this
Contract.

8. Subcontracting
8.1. Unless otherwise indicated in the SCC, the Contractor cannot subcontract
Works more than the percentage specified in BDS Clause 8.1.

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8.2. Subcontracting of any portion of the Works does not relieve the Contractor of
any liability or obligation under this Contract. The Contractor will be
responsible for the acts, defaults, and negligence of any subcontractor, its
agents, servants or workmen as fully as if these were the Contractor’s own
acts, defaults, or negligence, or those of its agents, servants or workmen.

8.3. If subcontracting is allowed. The contractor may identify its subcontractor


during contract implementation stage. Subcontractors disclosed and identified
during the bidding may be changed during the implementation of this
Contract. In either case, subcontractors must submit the documentary
requirements under ITB Clause 12 and comply with the eligibility criteria
specified in the BDS. In the event that any subcontractor is found by any
Procuring Entity to be eligible, the subcontracting of such portion of the
Works shall be disallowed.

9. Liquidated Damages
9.1. The Contractor shall pay liquidated damages to the Procuring Entity for each
day that the Completion Date is later than the Intended Completion Date. The
applicable liquidated damages is at least one-tenth (1/10) of a percent of the
cost of the unperformed portion for every day of delay. The total amount of
liquidated damages shall not exceed ten percent (10%) of the amount of the
contract. The Procuring Entity may deduct liquidated damages from payments
due to the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities. Once the cumulative amount of liquidated damages
reaches ten percent (10%) of the amount of this Contract, the Procuring Entity
may rescind or terminate this Contract, without prejudice to other courses of
action and remedies available under the circumstances.

9.2. If the Intended Completion Date is extended after liquidated damages have
been paid, the Engineer of the Procuring Entity shall correct any overpayment
of liquidated damages by the Contractor by adjusting the next payment
certificate.

10. Site Investigation Reports


The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports
referred to in the SCC supplemented by any information obtained by the Contractor.

11. The Procuring Entity, Licenses and Permits


The Procuring Entity shall, if requested by the Contractor, assist him in applying for
permits, licenses or approvals, which are required for the Works.

12. Contractor’s Risk and Warranty Security


12.1. The Contractor shall assume full responsibility for the Works from the time
project construction commenced up to final acceptance by the Procuring
Entity and shall be held responsible for any damage or destruction of the
Works except those occasioned by force majeure. The Contractor shall be
fully responsible for the safety, protection, security, and convenience of his

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personnel, third parties, and the public at large, as well as the Works,
Equipment, installation, and the like to be affected by his construction work.

12.2. The defects liability period for infrastructure projects shall be one year from
contract completion up to final acceptance by the Procuring Entity. During
this period, the Contractor shall undertake the repair works, at his own
expense, of any damage to the Works on account of the use of materials of
inferior quality within ninety (90) days from the time the HoPE has issued an
order to undertake repair. In case of failure or refusal to comply with this
mandate, the Procuring Entity shall undertake such repair works and shall be
entitled to full reimbursement of expenses incurred therein upon demand.

12.3. Unless otherwise indicated in the SCC, in case the Contractor fails to comply
with the preceding paragraph, the Procuring Entity shall forfeit its
performance security, subject its property(ies) to attachment or garnishment
proceedings, and perpetually disqualify it from participating in any public
bidding. All payables of the GoP in his favor shall be offset to recover the
costs.

12.4. After final acceptance of the Works by the Procuring Entity, the Contractor
shall be held responsible for “Structural Defects,” i.e., major
faults/flaws/deficiencies in one or more key structural elements of the project
which may lead to structural failure of the completed elements or structure, or
“Structural Failures,” i.e., where one or more key structural elements in an
infrastructure facility fails or collapses, thereby rendering the facility or part
thereof incapable of withstanding the design loads, and/or endangering the
safety of the users or the general public:

(a) Contractor – Where Structural Defects/Failures arise due to faults


attributable to improper construction, use of inferior
quality/substandard materials, and any violation of the contract plans
and specifications, the contractor shall be held liable;

(b) Consultants – Where Structural Defects/Failures arise due to faulty


and/or inadequate design and specifications as well as construction
supervision, then the consultant who prepared the design or undertook
construction supervision for the project shall be held liable;

(c) Procuring Entity’s Representatives/Project Manager/Construction


Managers and Supervisors – The project owner’s representative(s),
project manager, construction manager, and supervisor(s) shall be held
liable in cases where the Structural Defects/Failures are due to his/their
willful intervention in altering the designs and other specifications;
negligence or omission in not approving or acting on proposed changes
to noted defects or deficiencies in the design and/or specifications; and
the use of substandard construction materials in the project;

(d) Third Parties - Third Parties shall be held liable in cases where
Structural Defects/Failures are caused by work undertaken by them
such as leaking pipes, diggings or excavations, underground cables and
electrical wires, underground tunnel, mining shaft and the like, in

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which case the applicable warranty to such structure should be levied
to third parties for their construction or restoration works.

(e) Users - In cases where Structural Defects/Failures are due to


abuse/misuse by the end user of the constructed facility and/or non–
compliance by a user with the technical design limits and/or intended
purpose of the same, then the user concerned shall be held liable.

12.5. The warranty against Structural Defects/Failures, except those occasioned on


force majeure, shall cover the period specified in the SCC reckoned from the
date of issuance of the Certificate of Final Acceptance by the Procuring Entity.

12.6. The Contractor shall be required to put up a warranty security in the form of
cash, bank guarantee, letter of credit, GSIS or surety bond callable on demand,
in accordance with the following schedule:

Amount of Warranty Security


Form of Warranty Not less than the Percentage
(%) of Total Contract Price
(a) Cash or letter of credit issued by
Universal or Commercial bank:
provided, however, that the letter of
credit shall be confirmed or Five Percent (5%)
authenticated by a Universal or
Commercial bank, if issued by a
foreign bank
(b) Bank guarantee confirmed by
Universal or Commercial bank:
provided, however, that the letter of
credit shall be confirmed or Ten Percent (10%)
authenticated by a Universal or
Commercial bank, if issued by a
foreign bank
(c) Surety bond callable upon demand
issued by GSIS or any surety or
Thirty Percent (30%)
insurance company duly certified by
the Insurance Commission

12.7. The warranty security shall be stated in Philippine Pesos and shall remain
effective for one year from the date of issuance of the Certificate of Final
Acceptance by the Procuring Entity, and returned only after the lapse of said
one year period.

12.8. In case of structural defects/failure occurring during the applicable warranty


period provided in GCC Clause 12.5, the Procuring Entity shall undertake the
necessary restoration or reconstruction works and shall be entitled to full
reimbursement by the parties found to be liable for expenses incurred therein
upon demand, without prejudice to the filing of appropriate administrative,
civil, and/or criminal charges against the responsible persons as well as the
forfeiture of the warranty security posted in favor of the Procuring Entity.

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13. Liability of the Contractor
Subject to additional provisions, if any, set forth in the SCC, the Contractor’s liability
under this Contract shall be as provided by the laws of the Republic of the
Philippines.

14. Procuring Entity’s Risk


14.1. From the Start Date until the Certificate of Final Acceptance has been issued,
the following are risks of the Procuring Entity:

(a) The risk of personal injury, death, or loss of or damage to property


(excluding the Works, Plant, Materials, and Equipment), which are due
to:

(i) any type of use or occupation of the Site authorized by the


Procuring Entity after the official acceptance of the works; or

(ii) negligence, breach of statutory duty, or interference with any


legal right by the Procuring Entity or by any person employed
by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to
the extent that it is due to a fault of the Procuring Entity or in the
Procuring Entity’s design, or due to war or radioactive contamination
directly affecting the country where the Works are to be executed.

15. Insurance
15.1. The Contractor shall, under his name and at his own expense, obtain and
maintain, for the duration of this Contract, the following insurance coverage:

(a) Contractor’s All Risk Insurance;

(b) Transportation to the project Site of Equipment, Machinery, and


Supplies owned by the Contractor;

(c) Personal injury or death of Contractor’s employees; and

(d) Comprehensive insurance for third party liability to Contractor’s direct


or indirect act or omission causing damage to third persons.

15.2. The Contractor shall provide evidence to the Procuring Entity’s


Representative that the insurances required under this Contract have been
effected and shall, within a reasonable time, provide copies of the insurance
policies to the Procuring Entity’s Representative. Such evidence and such
policies shall be provided to the Procuring Entity’s through the Procuring
Entity’s Representative.

15.3. The Contractor shall notify the insurers of changes in the nature, extent, or
program for the execution of the Works and ensure the adequacy of the
insurances at all times in accordance with the terms of this Contract and shall

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produce to the Procuring Entity’s Representative the insurance policies in
force including the receipts for payment of the current premiums.

The above insurance policies shall be obtained from any reputable insurance
company approved by the Procuring Entity’s Representative.

15.4. If the Contractor fails to obtain and keep in force the insurances referred to
herein or any other insurance which he may be required to obtain under the
terms of this Contract, the Procuring Entity may obtain and keep in force any
such insurances and pay such premiums as may be necessary for the purpose.
From time to time, the Procuring Entity may deduct the amount it shall pay for
said premiums including twenty five percent (25%) therein from any monies
due, or which may become due, to the Contractor, without prejudice to the
Procuring Entity exercising its right to impose other sanctions against the
Contractor pursuant to the provisions of this Contract.

15.5. In the event the Contractor fails to observe the above safeguards, the
Procuring Entity may, at the Contractor’s expense, take whatever measure is
deemed necessary for its protection and that of the Contractor’s personnel and
third parties, and/or order the interruption of dangerous Works. In addition,
the Procuring Entity may refuse to make the payments under GCC Clause 40
until the Contractor complies with this Clause.

15.6. The Contractor shall immediately replace the insurance policy obtained as
required in this Contract, without need of the Procuring Entity’s demand, with
a new policy issued by a new insurance company acceptable to the Procuring
Entity for any of the following grounds:

(a) The issuer of the insurance policy to be replaced has:

(i) become bankrupt;

(ii) been placed under receivership or under a management


committee;

(iii) been sued for suspension of payment; or

(iv) been suspended by the Insurance Commission and its license to


engage in business or its authority to issue insurance policies
cancelled; or

(v) Where reasonable grounds exist that the insurer may not be
able, fully and promptly, to fulfill its obligation under the
insurance policy.

16. Termination for Default of Contractor


16.1. The Procuring Entity shall terminate this Contract for default when any of the
following conditions attend its implementation:

(i) Due to the Contractor’s fault and while the project is on-going, it has
incurred negative slippage of fifteen percent (15%) or more in

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accordance with Presidential Decree 1870, regardless of whether or not
previous warnings and notices have been issued for the Contractor to
improve his performance;

(ii) Due to its own fault and after this Contract time has expired, the
Contractor incurs delay in the completion of the Work after this
Contract has expired; or

(iii) The Contractor:

(i) abandons the contract Works, refuses or fails to comply with a


valid instruction of the Procuring Entity or fails to proceed
expeditiously and without delay despite a written notice by the
Procuring Entity;

(ii) does not actually have on the project Site the minimum
essential equipment listed on the bid necessary to prosecute the
Works in accordance with the approved Program of Work and
equipment deployment schedule as required for the project;

(iii) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations
under this Contract;

(iv) neglects or refuses to remove materials or to perform a new


Work that has been rejected as defective or unsuitable; or

(v) sub-lets any part of this Contract without approval by the


Procuring Entity.

16.2. All materials on the Site, Plant, Works, including Equipment purchased and
funded under the Contract shall be deemed to be the property of the Procuring
Entity if this Contract is rescinded because of the Contractor’s default.

17. Termination for Default of Procuring Entity


The Contractor may terminate this Contract with the Procuring Entity if the works are
completely stopped for a continuous period of at least sixty (60) calendar days
through no fault of its own, due to any of the following reasons:

(a) Failure of the Procuring Entity to deliver, within a reasonable time, supplies,
materials, right-of-way, or other items it is obligated to furnish under the terms
of this Contract; or

(b) The prosecution of the Work is disrupted by the adverse peace and order
situation, as certified by the Armed Forces of the Philippines Provincial
Commander and approved by the Secretary of National Defense.

18. Termination for Other Causes


18.1. The Procuring Entity may terminate this Contract, in whole or in part, at any
time for its convenience. The HoPE may terminate this Contract for the

59
convenience of the Procuring Entity if he has determined the existence of
conditions that make Project Implementation economically, financially or
technically impractical and/or unnecessary, such as, but not limited to,
fortuitous event(s) or changes in law and National Government policies.

18.2. The Procuring Entity or the Contractor may terminate this Contract if the other
party causes a fundamental breach of this Contract.

18.3. Fundamental breaches of Contract shall include, but shall not be limited to, the
following:

(a) The Contractor stops work for twenty eight (28) days when no
stoppage of work is shown on the current Program of Work and the
stoppage has not been authorized by the Procuring Entity’s
Representative;

(b) The Procuring Entity’s Representative instructs the Contractor to delay


the progress of the Works, and the instruction is not withdrawn within
twenty eight (28) days;

(c) The Procuring Entity shall terminate this Contract if the Contractor is
declared bankrupt or insolvent as determined with finality by a court of
competent jurisdiction. In this event, termination will be without
compensation to the Contractor, provided that such termination will
not prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Procuring Entity and/or the Contractor.
In the case of the Contractor's insolvency, any Contractor's Equipment
which the Procuring Entity instructs in the notice is to be used until the
completion of the Works;

(d) A payment certified by the Procuring Entity’s Representative is not


paid by the Procuring Entity to the Contractor within eighty four (84)
days from the date of the Procuring Entity’s Representative’s
certificate;

(e) The Procuring Entity’s Representative gives Notice that failure to


correct a particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time
determined by the Procuring Entity’s Representative;

(f) The Contractor does not maintain a Security, which is required;

(g) The Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated damages
can be paid, as defined in the GCC Clause 9; and

(h) In case it is determined prima facie by the Procuring Entity that the
Contractor has engaged, before or during the implementation of the
contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to, the
following:

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(i) corrupt, fraudulent, collusive, coercive, and obstructive
practices as defined in ITB Clause 3.1(a), unless otherwise
specified in the SCC;

(ii) drawing up or using forged documents;

(iii) using adulterated materials, means or methods, or engaging in


production contrary to rules of science or the trade; and

(iv) any other act analogous to the foregoing.

18.4. The Funding Source or the Procuring Entity, as appropriate, will seek to
impose the maximum civil, administrative and/or criminal penalties available
under the applicable law on individuals and organizations deemed to be
involved with corrupt, fraudulent, or coercive practices.

18.5. When persons from either party to this Contract gives notice of a fundamental
breach to the Procuring Entity’s Representative in order to terminate the
existing contract for a cause other than those listed under GCC Clause 18.3,
the Procuring Entity’s Representative shall decide whether the breach is
fundamental or not.

18.6. If this Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably
possible.

19. Procedures for Termination of Contracts


19.1. The following provisions shall govern the procedures for the termination of
this Contract:

(a) Upon receipt of a written report of acts or causes which may constitute
ground(s) for termination as aforementioned, or upon its own initiative,
the Procuring Entity shall, within a period of seven (7) calendar days,
verify the existence of such ground(s) and cause the execution of a
Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the Procuring Entity, the HoPE shall


terminate this Contract only by a written notice to the Contractor
conveying the termination of this Contract. The notice shall state:

(i) that this Contract is being terminated for any of the ground(s)
afore-mentioned, and a statement of the acts that constitute the
ground(s) constituting the same;

(ii) the extent of termination, whether in whole or in part;

(iii) an instruction to the Contractor to show cause as to why this


Contract should not be terminated; and

(iv) special instructions of the Procuring Entity, if any.

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The Notice to Terminate shall be accompanied by a copy of the
Verified Report;

(c) Within a period of seven (7) calendar days from receipt of the Notice
of Termination, the Contractor shall submit to the HoPE a verified
position paper stating why the contract should not be terminated. If the
Contractor fails to show cause after the lapse of the seven (7) day
period, either by inaction or by default, the HoPE shall issue an order
terminating the contract;

(d) The Procuring Entity may, at anytime before receipt of the


Contractor’s verified position paper described in item (c) above
withdraw the Notice to Terminate if it is determined that certain items
or works subject of the notice had been completed, delivered, or
performed before the Contractor’s receipt of the notice;

(e) Within a non-extendible period of ten (10) calendar days from receipt
of the verified position paper, the HoPE shall decide whether or not to
terminate this Contract. It shall serve a written notice to the Contractor
of its decision and, unless otherwise provided in the said notice, this
Contract is deemed terminated from receipt of the Contractor of the
notice of decision. The termination shall only be based on the
ground(s) stated in the Notice to Terminate; and

(f) The HoPE may create a Contract Termination Review Committee


(CTRC) to assist him in the discharge of this function. All decisions
recommended by the CTRC shall be subject to the approval of the
HoPE.

19.2. Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition
of additional administrative sanctions as the internal rules of the agency may
provide and/or further criminal prosecution as provided by applicable laws,
the procuring entity shall impose on contractors after the termination of the
contract the penalty of suspension for one (1) year for the first offense,
suspension for two (2) years for the second offense from participating in the
public bidding process, for violations committed during the contract
implementation stage, which include but not limited to the following:

(a) Failure of the contractor, due solely to his fault or negligence, to


mobilize and start work or performance within the specified period in
the Notice to Proceed (“NTP”);

(b) Failure by the contractor to fully and faithfully comply with its
contractual obligations without valid cause, or failure by the contractor
to comply with any written lawful instruction of the procuring entity or
its representative(s) pursuant to the implementation of the contract.
For the procurement of infrastructure projects or consultancy contracts,
lawful instructions include but are not limited to the following:

(i) Employment of competent technical personnel, competent


engineers and/or work supervisors;

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(ii) Provision of warning signs and barricades in accordance with
approved plans and specifications and contract provisions;

(iii) Stockpiling in proper places of all materials and removal from


the project site of waste and excess materials, including broken
pavement and excavated debris in accordance with approved
plans and specifications and contract provisions;

(iv) Deployment of committed equipment, facilities, support staff


and manpower; and

(v) Renewal of the effectivity dates of the performance security


after its expiration during the course of contract
implementation.

(c) Assignment and subcontracting of the contract or any part thereof or


substitution of key personnel named in the proposal without prior
written approval by the procuring entity.

(d) Poor performance by the contractor or unsatisfactory quality and/or


progress of work arising from his fault or negligence as reflected in the
Constructor's Performance Evaluation System (“CPES”) rating sheet.
In the absence of the CPES rating sheet, the existing performance
monitoring system of the procuring entity shall be applied. Any of the
following acts by the Contractor shall be construed as poor
performance:

(i) Negative slippage of 15% and above within the critical path of
the project due entirely to the fault or negligence of the
contractor; and

(ii) Quality of materials and workmanship not complying with the


approved specifications arising from the contractor's fault or
negligence.

(e) Willful or deliberate abandonment or non-performance of the project


or contract by the contractor resulting to substantial breach thereof
without lawful and/or just cause.

In addition to the penalty of suspension, the performance security posted by


the contractor shall also be forfeited.

20. Force Majeure, Release From Performance


20.1. For purposes of this Contract the terms “force majeure” and “fortuitous event”
may be used interchangeably. In this regard, a fortuitous event or force
majeure shall be interpreted to mean an event which the Contractor could not
have foreseen, or which though foreseen, was inevitable. It shall not include
ordinary unfavorable weather conditions; and any other cause the effects of
which could have been avoided with the exercise of reasonable diligence by
the Contractor.

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20.2. If this Contract is discontinued by an outbreak of war or by any other event
entirely outside the control of either the Procuring Entity or the Contractor, the
Procuring Entity’s Representative shall certify that this Contract has been
discontinued. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all
works carried out before receiving it and for any Work carried out afterwards
to which a commitment was made.

20.3. If the event continues for a period of eighty four (84) days, either party may
then give notice of termination, which shall take effect twenty eight (28) days
after the giving of the notice.

20.4. After termination, the Contractor shall be entitled to payment of the unpaid
balance of the value of the Works executed and of the materials and Plant
reasonably delivered to the Site, adjusted by the following:

(a) any sum to which the Contractor is entitled under GCC Clause 28;

(b) the cost of his suspension and demobilization;

(c) any sum to which the Procuring Entity is entitled.

20.5. The net balance due shall be paid or repaid within a reasonable time period
from the time of the notice of termination.

21. Resolution of Disputes


21.1. If any dispute or difference of any kind whatsoever shall arise between the
parties in connection with the implementation of the contract covered by the
Act and this IRR, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.

21.2. If the Contractor believes that a decision taken by the Procuring Entity’s
Representative was either outside the authority given to the Procuring Entity’s
Representative by this Contract or that the decision was wrongly taken, the
decision shall be referred to the Arbiter indicated in the SCC within fourteen
(14) days of the notification of the Procuring Entity’s Representative’s
decision.

21.3. Any and all disputes arising from the implementation of this Contract covered
by the R.A. 9184 and its IRR shall be submitted to arbitration in the
Philippines according to the provisions of Republic Act No. 876, otherwise
known as the “ Arbitration Law” and Republic Act 9285, otherwise known as
the “Alternative Dispute Resolution Act of 2004”: Provided, however, That,
disputes that are within the competence of the Construction Industry
Arbitration Commission to resolve shall be referred thereto. The process of
arbitration shall be incorporated as a provision in this Contract that will be
executed pursuant to the provisions of the Act and its IRR: Provided, further,
That, by mutual agreement, the parties may agree in writing to resort to other
alternative modes of dispute resolution.

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22. Suspension of Loan, Credit, Grant, or Appropriation
In the event that the Funding Source suspends the Loan, Credit, Grant, or
Appropriation to the Procuring Entity, from which part of the payments to the
Contractor are being made:

(a) The Procuring Entity is obligated to notify the Contractor of such suspension
within seven (7) days of having received the suspension notice.

(b) If the Contractor has not received sums due it for work already done within
forty five (45) days from the time the Contractor’s claim for payment has been
certified by the Procuring Entity’s Representative, the Contractor may
immediately issue a suspension of work notice in accordance with GCC
Clause 45.2.

23. Procuring Entity’s Representative’s Decisions


23.1. Except where otherwise specifically stated, the Procuring Entity’s
Representative will decide contractual matters between the Procuring Entity
and the Contractor in the role representing the Procuring Entity.

23.2. The Procuring Entity’s Representative may delegate any of his duties and
responsibilities to other people, except to the Arbiter, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.

24. Approval of Drawings and Temporary Works by the Procuring


Entity’s Representative
24.1. All Drawings prepared by the Contractor for the execution of the Temporary
Works, are subject to prior approval by the Procuring Entity’s Representative
before its use.

24.2. The Contractor shall be responsible for design of Temporary Works.

24.3. The Procuring Entity’s Representative’s approval shall not alter the
Contractor’s responsibility for design of the Temporary Works.

24.4. The Contractor shall obtain approval of third parties to the design of the
Temporary Works, when required by the Procuring Entity.

25. Acceleration and Delays Ordered by the Procuring Entity’s


Representative
25.1. When the Procuring Entity wants the Contractor to finish before the Intended
Completion Date, the Procuring Entity’s Representative will obtain priced
proposals for achieving the necessary acceleration from the Contractor. If the
Procuring Entity accepts these proposals, the Intended Completion Date will
be adjusted accordingly and confirmed by both the Procuring Entity and the
Contractor.

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25.2. If the Contractor’s Financial Proposals for an acceleration are accepted by the
Procuring Entity, they are incorporated in the Contract Price and treated as a
Variation.

26. Extension of the Intended Completion Date


26.1. The Procuring Entity’s Representative shall extend the Intended Completion
Date if a Variation is issued which makes it impossible for the Intended
Completion Date to be achieved by the Contractor without taking steps to
accelerate the remaining work, which would cause the Contractor to incur
additional costs. No payment shall be made for any event which may warrant
the extension of the Intended Completion Date.

26.2. The Procuring Entity’s Representative shall decide whether and by how much
to extend the Intended Completion Date within twenty one (21) days of the
Contractor asking the Procuring Entity’s Representative for a decision thereto
after fully submitting all supporting information. If the Contractor has failed
to give early warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in assessing the new
Intended Completion Date.

27. Right to Vary


27.1. The Procuring Entity’s Representative with the prior approval of the Procuring
Entity may instruct Variations, up to a maximum cumulative amount of ten
percent (10%) of the original contract cost.

27.2. Variations shall be valued as follows:

(a) At a lump sum price agreed between the parties;

(b) where appropriate, at rates in this Contract;

(c) in the absence of appropriate rates, the rates in this Contract shall be
used as the basis for valuation; or failing which

(d) at appropriate new rates, equal to or lower than current industry rates
and to be agreed upon by both parties and approved by the HoPE.

28. Contractor's Right to Claim


If the Contractor incurs cost as a result of any of the events under GCC Clause 13, the
Contractor shall be entitled to the amount of such cost. If as a result of any of the said
events, it is necessary to change the Works, this shall be dealt with as a Variation.

29. Dayworks
29.1. Subject to GCC Clause 43 on Variation Order, and if applicable as indicated
in the SCC, the Dayworks rates in the Contractor’s bid shall be used for small
additional amounts of work only when the Procuring Entity’s Representative

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has given written instructions in advance for additional work to be paid for in
that way.

29.2. All work to be paid for as Dayworks shall be recorded by the Contractor on
forms approved by the Procuring Entity’s Representative. Each completed
form shall be verified and signed by the Procuring Entity’s Representative
within two days of the work being done.

29.3. The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.

30. Early Warning


30.1. The Contractor shall warn the Procuring Entity’s Representative at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or delay
the execution of the Works. The Procuring Entity’s Representative may
require the Contractor to provide an estimate of the expected effect of the
future event or circumstance on the Contract Price and Completion Date. The
estimate shall be provided by the Contractor as soon as reasonably possible.

30.2. The Contractor shall cooperate with the Procuring Entity’s Representative in
making and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the work and
in carrying out any resulting instruction of the Procuring Entity’s
Representative.

31. Program of Work


31.1. Within the time stated in the SCC, the Contractor shall submit to the
Procuring Entity’s Representative for approval a Program of Work showing
the general methods, arrangements, order, and timing for all the activities in
the Works.

31.2. An update of the Program of Work shall show the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the
remaining work, including any changes to the sequence of the activities.

31.3. The Contractor shall submit to the Procuring Entity’s Representative for
approval an updated Program of Work at intervals no longer than the period
stated in the SCC. If the Contractor does not submit an updated Program of
Work within this period, the Procuring Entity’s Representative may withhold
the amount stated in the SCC from the next payment certificate and continue
to withhold this amount until the next payment after the date on which the
overdue Program of Work has been submitted.

31.4. The Procuring Entity’s Representative’s approval of the Program of Work


shall not alter the Contractor’s obligations. The Contractor may revise the
Program of Work and submit it to the Procuring Entity’s Representative again
at any time. A revised Program of Work shall show the effect of any approved
Variations.

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31.5. When the Program of Work is updated, the Contractor shall provide the
Procuring Entity’s Representative with an updated cash flow forecast. The
cash flow forecast shall include different currencies, as defined in the
Contract, converted as necessary using the Contract exchange rates.

31.6. All Variations shall be included in updated Program of Work produced by the
Contractor.

32. Management Conferences


32.1. Either the Procuring Entity’s Representative or the Contractor may require the
other to attend a Management Conference. The Management Conference shall
review the plans for remaining work and deal with matters raised in
accordance with the early warning procedure.

32.2. The Procuring Entity’s Representative shall record the business of


Management Conferences and provide copies of the record to those attending
the Conference and to the Procuring Entity. The responsibility of the parties
for actions to be taken shall be decided by the Procuring Entity’s
Representative either at the Management Conference or after the Management
Conference and stated in writing to all who attended the Conference.

33. Bill of Quantities


33.1. The Bill of Quantities shall contain items of work for the construction,
installation, testing, and commissioning of work to be done by the Contractor.

33.2. The Bill of Quantities is used to calculate the Contract Price. The Contractor
is paid for the quantity of the work done at the rate in the Bill of Quantities for
each item.

33.3. If the final quantity of any work done differs from the quantity in the Bill of
Quantities for the particular item and is not more than twenty five percent
(25%) of the original quantity, provided the aggregate changes for all items do
not exceed ten percent (10%) of the Contract price, the Procuring Entity’s
Representative shall make the necessary adjustments to allow for the changes
subject to applicable laws, rules, and regulations.

33.4. If requested by the Procuring Entity’s Representative, the Contractor shall


provide the Procuring Entity’s Representative with a detailed cost breakdown
of any rate in the Bill of Quantities.

34. Instructions, Inspections and Audits


34.1. The Procuring Entity’s personnel shall at all reasonable times during
construction of the Work be entitled to examine, inspect, measure and test the
materials and workmanship, and to check the progress of the construction.

34.2. If the Procuring Entity’s Representative instructs the Contractor to carry out a
test not specified in the Specification to check whether any work has a defect

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and the test shows that it does, the Contractor shall pay for the test and any
samples. If there is no defect, the test shall be a Compensation Event.

34.3. The Contractor shall permit the Funding Source named in the SCC to inspect
the Contractor’s accounts and records relating to the performance of the
Contractor and to have them audited by auditors appointed by the Funding
Source, if so required by the Funding Source.

35. Identifying Defects


The Procuring Entity’s Representative shall check the Contractor’s work and notify
the Contractor of any defects that are found. Such checking shall not affect the
Contractor’s responsibilities. The Procuring Entity’s Representative may instruct the
Contractor to search uncover defects and test any work that the Procuring Entity’s
Representative considers below standards and defective.

36. Cost of Repairs


Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Liability Periods shall be remedied by the
Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s
acts or omissions.

37. Correction of Defects


37.1. The Procuring Entity’s Representative shall give notice to the Contractor of
any defects before the end of the Defects Liability Period, which is One (1)
year from project completion up to final acceptance by the Procuring Entity’s
Representative.

37.2. Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified in the Procuring Entity’s
Representative’s notice.

37.3. The Contractor shall correct the defects which he notices himself before the
end of the Defects Liability Period.

37.4. The Procuring Entity shall certify that all defects have been corrected. If the
Procuring Entity considers that correction of a defect is not essential, he can
request the Contractor to submit a quotation for the corresponding reduction in
the Contract Price. If the Procuring Entity accepts the quotation, the
corresponding change in the SCC is a Variation.

38. Uncorrected Defects


38.1. The Procuring Entity shall give the Contractor at least fourteen (14) days
notice of his intention to use a third party to correct a Defect. If the Contractor
does not correct the Defect himself within the period, the Procuring Entity
may have the Defect corrected by the third party. The cost of the correction
will be deducted from the Contract Price.

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38.2. The use of a third party to correct defects that are uncorrected by the
Contractor will in no way relieve the Contractor of its liabilities and warranties
under the Contract.

39. Advance Payment


39.1. The Procuring Entity shall, upon a written request of the contractor which
shall be submitted as a contract document, make an advance payment to the
contractor in an amount not exceeding fifteen percent (15%) of the total
contract price, to be made in lump sum or, at the most two, installments
according to a schedule specified in the SCC.

39.2. The advance payment shall be made only upon the submission to and
acceptance by the Procuring Entity of an irrevocable standby letter of credit of
equivalent value from a commercial bank, a bank guarantee or a surety bond
callable upon demand, issued by a surety or insurance company duly licensed
by the Insurance Commission and confirmed by the Procuring Entity.

39.3. The advance payment shall be repaid by the Contractor by an amount equal to
the percentage of the total contract price used for the advance payment.

39.4. The contractor may reduce his standby letter of credit or guarantee instrument
by the amounts refunded by the Monthly Certificates in the advance payment.

39.5. The Procuring Entity will provide an Advance Payment on the Contract Price
as stipulated in the Conditions of Contract, subject to the maximum amount
stated in SCC Clause 39.1.

40. Progress Payments


40.1. The Contractor may submit a request for payment for Work accomplished.
Such request for payment shall be verified and certified by the Procuring
Entity’s Representative/Project Engineer. Except as otherwise stipulated in
the SCC, materials and equipment delivered on the site but not completely put
in place shall not be included for payment.

40.2. The Procuring Entity shall deduct the following from the certified gross
amounts to be paid to the contractor as progress payment:

(a) Cumulative value of the work previously certified and paid for.

(b) Portion of the advance payment to be recouped for the month.

(c) Retention money in accordance with the condition of contract.

(d) Amount to cover third party liabilities.

(e) Amount to cover uncorrected discovered defects in the works.

40.3. Payments shall be adjusted by deducting therefrom the amounts for advance
payments and retention. The Procuring Entity shall pay the Contractor the
amounts certified by the Procuring Entity’s Representative within twenty eight

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(28) days from the date each certificate was issued. No payment of interest for
delayed payments and adjustments shall be made by the Procuring Entity.

40.4. The first progress payment may be paid by the Procuring Entity to the
Contractor provided that at least twenty percent (20%) of the work has been
accomplished as certified by the Procuring Entity’s Representative.

40.5. Items of the Works for which a price of “0” (zero) has been entered will not be
paid for by the Procuring Entity and shall be deemed covered by other rates
and prices in the Contract.

41. Payment Certificates


41.1. The Contractor shall submit to the Procuring Entity’s Representative monthly
statements of the estimated value of the work executed less the cumulative
amount certified previously.

41.2. The Procuring Entity’s Representative shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.

41.3. The value of Work executed shall:

(a) be determined by the Procuring Entity’s Representative;

(b) comprise the value of the quantities of the items in the Bill of
Quantities completed; and

(c) include the valuations of approved variations.

41.4. The Procuring Entity’s Representative may exclude any item certified in a
previous certificate or reduce the proportion of any item previously certified in
any certificate in the light of later information.

42. Retention
42.1. The Procuring Entity shall retain from each payment due to the Contractor an
amount equal to a percentage thereof using the rate as specified in GCC Sub-
Clause 42.2.

42.2. Progress payments are subject to retention of ten percent (10%), referred to as
the “retention money.” Such retention shall be based on the total amount due
to the Contractor prior to any deduction and shall be retained from every
progress payment until fifty percent (50%) of the value of Works, as
determined by the Procuring Entity, are completed. If, after fifty percent
(50%) completion, the Work is satisfactorily done and on schedule, no
additional retention shall be made; otherwise, the ten percent (10%) retention
shall again be imposed using the rate specified therefore.

42.3. The total “retention money” shall be due for release upon final acceptance of
the Works. The Contractor may, however, request the substitution of the
retention money for each progress billing with irrevocable standby letters of
credit from a commercial bank, bank guarantees or surety bonds callable on

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demand, of amounts equivalent to the retention money substituted for and
acceptable to the Procuring Entity, provided that the project is on schedule and
is satisfactorily undertaken. Otherwise, the ten (10%) percent retention shall
be made. Said irrevocable standby letters of credit, bank guarantees and/or
surety bonds, to be posted in favor of the Government shall be valid for a
duration to be determined by the concerned implementing office/agency or
Procuring Entity and will answer for the purpose for which the ten (10%)
percent retention is intended, i.e., to cover uncorrected discovered defects and
third party liabilities.

42.4. On completion of the whole Works, the Contractor may substitute retention
money with an “on demand” Bank guarantee in a form acceptable to the
Procuring Entity.

43. Variation Orders


43.1. Variation Orders may be issued by the Procuring Entity to cover any
increase/decrease in quantities, including the introduction of new work items
that are not included in the original contract or reclassification of work items
that are either due to change of plans, design or alignment to suit actual field
conditions resulting in disparity between the preconstruction plans used for
purposes of bidding and the “as staked plans” or construction drawings
prepared after a joint survey by the Contractor and the Procuring Entity after
award of the contract, provided that the cumulative amount of the Variation
Order does not exceed ten percent (10%) of the original project cost. The
addition/deletion of Works should be within the general scope of the project as
bid and awarded. The scope of works shall not be reduced so as to
accommodate a positive Variation Order. A Variation Order may either be in
the form of a Change Order or Extra Work Order.

43.2. A Change Order may be issued by the Procuring Entity to cover any
increase/decrease in quantities of original Work items in the contract.

43.3. An Extra Work Order may be issued by the Procuring Entity to cover the
introduction of new work necessary for the completion, improvement or
protection of the project which were not included as items of Work in the
original contract, such as, where there are subsurface or latent physical
conditions at the site differing materially from those indicated in the contract,
or where there are duly unknown physical conditions at the site of an unusual
nature differing materially from those ordinarily encountered and generally
recognized as inherent in the Work or character provided for in the contract.

43.4. Any cumulative Variation Order beyond ten percent (10%) shall be subject of
another contract to be bid out if the works are separable from the original
contract. In exceptional cases where it is urgently necessary to complete the
original scope of work, the HoPE may authorize a positive Variation Order go
beyond ten percent (10%) but not more than twenty percent (20%) of the
original contract price, subject to the guidelines to be determined by the
GPPB: Provided, however, That appropriate sanctions shall be imposed on the
designer, consultant or official responsible for the original detailed

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engineering design which failed to consider the Variation Order beyond ten
percent (10%).

43.5. In claiming for any Variation Order, the Contractor shall, within seven (7)
calendar days after such work has been commenced or after the circumstances
leading to such condition(s) leading to the extra cost, and within twenty-eight
(28) calendar days deliver a written communication giving full and detailed
particulars of any extra cost in order that it may be investigated at that time.
Failure to provide either of such notices in the time stipulated shall constitute a
waiver by the contractor for any claim. The preparation and submission of
Variation Orders are as follows:

(a) If the Procuring Entity’s representative/Project Engineer believes that a


Change Order or Extra Work Order should be issued, he shall prepare
the proposed Order accompanied with the notices submitted by the
Contractor, the plans therefore, his computations as to the quantities of
the additional works involved per item indicating the specific stations
where such works are needed, the date of his inspections and
investigations thereon, and the log book thereof, and a detailed
estimate of the unit cost of such items of work, together with his
justifications for the need of such Change Order or Extra Work Order,
and shall submit the same to the HoPE for approval.

(b) The HoPE or his duly authorized representative, upon receipt of the
proposed Change Order or Extra Work Order shall immediately
instruct the appropriate technical staff or office of the Procuring Entity
to conduct an on-the-spot investigation to verify the need for the Work
to be prosecuted and to review the proposed plan, and prices of the
work involved.

(c) The technical staff or appropriate office of the Procuring Entity shall
submit a report of their findings and recommendations, together with
the supporting documents, to the Head of Procuring Entity or his duly
authorized representative for consideration.

(d) The HoPE or his duly authorized representative, acting upon the
recommendation of the technical staff or appropriate office, shall
approve the Change Order or Extra Work Order after being satisfied
that the same is justified, necessary, and in order.

(e) The timeframe for the processing of Variation Orders from the
preparation up to the approval by the Procuring Entity concerned shall
not exceed thirty (30) calendar days.

44. Contract Completion


Once the project reaches an accomplishment of ninety five (95%) of the total contract
amount, the Procuring Entity may create an inspectorate team to make preliminary
inspection and submit a punch-list to the Contractor in preparation for the final
turnover of the project. Said punch-list will contain, among others, the remaining
Works, Work deficiencies for necessary corrections, and the specific duration/time to

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fully complete the project considering the approved remaining contract time. This,
however, shall not preclude the claim of the Procuring Entity for liquidated damages.

45. Suspension of Work


45.1. The Procuring Entity shall have the authority to suspend the work wholly or
partly by written order for such period as may be deemed necessary, due to
force majeure or any fortuitous events or for failure on the part of the
Contractor to correct bad conditions which are unsafe for workers or for the
general public, to carry out valid orders given by the Procuring Entity or to
perform any provisions of the contract, or due to adjustment of plans to suit
field conditions as found necessary during construction. The Contractor shall
immediately comply with such order to suspend the work wholly or partly.

45.2. The Contractor or its duly authorized representative shall have the right to
suspend work operation on any or all projects/activities along the critical path
of activities after fifteen (15) calendar days from date of receipt of written
notice from the Contractor to the district engineer/regional director/consultant
or equivalent official, as the case may be, due to the following:

(a) There exist right-of-way problems which prohibit the Contractor from
performing work in accordance with the approved construction
schedule.

(b) Requisite construction plans which must be owner-furnished are not


issued to the contractor precluding any work called for by such plans.

(c) Peace and order conditions make it extremely dangerous, if not


possible, to work. However, this condition must be certified in writing
by the Philippine National Police (PNP) station which has
responsibility over the affected area and confirmed by the Department
of Interior and Local Government (DILG) Regional Director.

(d) There is failure on the part of the Procuring Entity to deliver


government-furnished materials and equipment as stipulated in the
contract.

(e) Delay in the payment of Contractor’s claim for progress billing beyond
forty-five (45) calendar days from the time the Contractor’s claim has
been certified to by the procuring entity’s authorized representative
that the documents are complete unless there are justifiable reasons
thereof which shall be communicated in writing to the Contractor.

45.3. In case of total suspension, or suspension of activities along the critical path,
which is not due to any fault of the Contractor, the elapsed time between the
effectivity of the order suspending operation and the order to resume work
shall be allowed the Contractor by adjusting the contract time accordingly.

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46. Payment on Termination
46.1. If the Contract is terminated because of a fundamental breach of Contract by
the Contractor, the Procuring Entity’s Representative shall issue a certificate
for the value of the work done and Materials ordered less advance payments
received up to the date of the issue of the certificate and less the percentage to
apply to the value of the work not completed, as indicated in the SCC.
Additional Liquidated Damages shall not apply. If the total amount due to the
Procuring Entity exceeds any payment due to the Contractor, the difference
shall be a debt payable to the Procuring Entity.

46.2. If the Contract is terminated for the Procuring Entity’s convenience or because
of a fundamental breach of Contract by the Procuring Entity, the Procuring
Entity’s Representative shall issue a certificate for the value of the work done,
Materials ordered, the reasonable cost of removal of Equipment, repatriation
of the Contractor’s personnel employed solely on the Works, and the
Contractor’s costs of protecting and securing the Works, and less advance
payments received up to the date of the certificate.

46.3. The net balance due shall be paid or repaid within twenty eight (28) days from
the notice of termination.

46.4. If the Contractor has terminated the Contract under GCC Clauses 17 or 18, the
Procuring Entity shall promptly return the Performance Security to the
Contractor.

47. Extension of Contract Time


47.1. Should the amount of additional work of any kind or other special
circumstances of any kind whatsoever occur such as to fairly entitle the
contractor to an extension of contract time, the Procuring Entity shall
determine the amount of such extension; provided that the Procuring Entity is
not bound to take into account any claim for an extension of time unless the
Contractor has, prior to the expiration of the contract time and within thirty
(30) calendar days after such work has been commenced or after the
circumstances leading to such claim have arisen, delivered to the Procuring
Entity notices in order that it could have investigated them at that time. Failure
to provide such notice shall constitute a waiver by the Contractor of any claim.
Upon receipt of full and detailed particulars, the Procuring Entity shall
examine the facts and extent of the delay and shall extend the contract time
completing the contract work when, in the Procuring Entity’s opinion, the
findings of facts justify an extension.

47.2. No extension of contract time shall be granted the Contractor due to (a)
ordinary unfavorable weather conditions and (b) inexcusable failure or
negligence of Contractor to provide the required equipment, supplies or
materials.

47.3. Extension of contract time may be granted only when the affected activities
fall within the critical path of the PERT/CPM network.

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47.4. No extension of contract time shall be granted when the reason given to
support the request for extension was already considered in the determination
of the original contract time during the conduct of detailed engineering and in
the preparation of the contract documents as agreed upon by the parties before
contract perfection.

47.5. Extension of contract time shall be granted for rainy/unworkable days


considered unfavorable for the prosecution of the works at the site, based on
the actual conditions obtained at the site, in excess of the number of
rainy/unworkable days pre-determined by the Procuring Entity in relation to
the original contract time during the conduct of detailed engineering and in the
preparation of the contract documents as agreed upon by the parties before
contract perfection, and/or for equivalent period of delay due to major
calamities such as exceptionally destructive typhoons, floods and earthquakes,
and epidemics, and for causes such as non-delivery on time of materials,
working drawings, or written information to be furnished by the Procuring
Entity, non-acquisition of permit to enter private properties or non-execution
of deed of sale or donation within the right-of-way resulting in complete
paralyzation of construction activities, and other meritorious causes as
determined by the Procuring Entity’s Representative and approved by the
HoPE. Shortage of construction materials, general labor strikes, and peace and
order problems that disrupt construction operations through no fault of the
Contractor may be considered as additional grounds for extension of contract
time provided they are publicly felt and certified by appropriate government
agencies such as DTI, DOLE, DILG, and DND, among others. The written
consent of bondsmen must be attached to any request of the Contractor for
extension of contract time and submitted to the Procuring Entity for
consideration and the validity of the Performance Security shall be
correspondingly extended.

48. Price Adjustment


Except for extraordinary circumstances as determined by NEDA and approved by the
GPPB, no price escalation shall be allowed. Nevertheless, in cases where the cost of
the awarded contract is affected by any applicable new laws, ordinances, regulations,
or other acts of the GoP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no gain
basis.

49. Completion
The Contractor shall request the Procuring Entity’s Representative to issue a
certificate of Completion of the Works, and the Procuring Entity’s Representative will
do so upon deciding that the work is completed.

50. Taking Over


The Procuring Entity shall take over the Site and the Works within seven (7) days
from the date the Procuring Entity’s Representative issues a certificate of Completion.

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51. Operating and Maintenance Manuals
51.1. If “as built” Drawings and/or operating and maintenance manuals are required,
the Contractor shall supply them by the dates stated in the SCC.

51.2. If the Contractor does not supply the Drawings and/or manuals by the dates
stated in the SCC, or they do not receive the Procuring Entity’s
Representative’s approval, the Procuring Entity’s Representative shall
withhold the amount stated in the SCC from payments due to the Contractor.

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Section V. Special Conditions of Contract

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Special Conditions of Contract
GCC Clause
1.17 The Intended Completion Date is within One Hundred Eighty (180)
Calendar Days.

Note: the contract duration shall be reckoned from the start date and not
from contract effective date.
1.22 The Procuring Entity is:

Procurement Service
PS Complex, RR Road, Cristobal Street
Paco, Manila

1.23 The Procuring Entity’s Representative is the DOH-TRC Project


Manager concerned. To be announced during the pre-construction
conference.
1.24 The Site is located as follows:

Qty Item / Description Location

DOH-TRC
CONSTRUCTION OF TWO Dulag, Brgy.
1 STOREY SUPPLY WAREHOUSE Highway
FOR THE DOH-TRC Dulag, Leyte

For Site Inspection Contact Person: Engr. Mark C. Oracion +639273763986


1.28 The Start Date is the effective date indicated in the Notice to Proceed.
1.31 CONSTRUCTION OF TWO STOREY SUPPLY WAREHOUSE for
the Department of Health-Treatment and Rehabilitation Center (DOH-
TRC), Dulag, Leyte
2.2 No further instructions.
5.1 The DOH-TRC Dulag, Leyte shall give possession of all parts of the
Site to the Contractor beginning on the date of effectivity of contract
until the date of its termination and/or project completion.
6.5 The Contractor shall employ the following Key Personnel:
KEY PERSONNEL No. of Key Personnel
Project Engineer (Registered Civil Engineer) 1
Electrical Engineer (Registered Electrical Engineer) 1
Construction Foreman 1

7.4(c) No further instructions.


7.7 No further instructions.
8.1 Subcontracting is not allowed.
10 The site investigation reports are: Not Available.
12.3 No further instructions.
12.5 Fifteen (15) years.
13 All partners to the joint venture shall be jointly and severally liable to the

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Procuring Entity.
18.3(h)(i) No further instructions.
21.2 The Arbiter is:
Construction Industry Arbitration Commission
2/F & 5/F, Executive Center Bldg.
369 Gil Puyat Ave., cor. Makati Ave., Makati City
Tel. Nos.: (+632) 895.4424 / 895.6826
Fax No.: (+632) 897.9336
E-mail: [email protected]
29.1 Not applicable.
31.1 The contractor shall submit the Program of Work to the Procuring
Entity’s Representative within ten (10) calendar days from receipt of
Notice of Award.
31.3 The period between Program of Work updates is thirty (30) calendar
days.

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


Work is 10% of the amount of the next billing progress.
34.3 The Funding Source is the Government of the Philippines GAA-2017 for
the DOH-TRC.
39.1 The amount of the advance payment is fifteen percent (15%) of the
Contract Price, which shall be given to the Contractor not later than
fifteen (15) calendar days from receipt of the Contractor’s request,
subject to the requirements under GCC Clause 39.2.
40.1 Request for payment for Work Accomplished:

SCHEDULE OF PAYMENT:

First Payment Upon 30% work accomplished

Second Payment Upon 50% work accomplished

Third Payment Upon 80% work accomplished

Final Payment Upon 100% work accomplished

Materials and equipment delivered on the site but not completely put in
place shall not be included for payments.
Note: 25% of the advance payment will be deducted from each of the
1st, 2nd, 3rd and final payments. Each payment will be subject to 10%
retention.
51.1 The “As built” drawings, signed and sealed by License
Engineers/Professionals, shall be submitted in hard copies and e-copies
(in cad format) within ten (10) calendar days after project completion.

For projects with duly approved variation (change/amendment/ deviation


in the original scope of work), the Contractor is required to submit three
(3) sets of “as built” drawings after the project completion but prior to
the conduct of the TIAC.
51.2 The amount to be withheld for failing to produce “As Built” drawings by
the date required is one percent (1%) of the Contract Price or the non-
issuance of the Retention Money

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Section VI. Specifications

81
Republic of the Philippines
DEPARTMENT OF HEALTH
TREATMENT AND REHABILITATION CENTER -DULAG
Brgy. Highway, Dulag, Leyte

Name of Project: CONSTRUCTION OF TWO STOREY SUPPLY WAREHOUSE


Location: Treatment and Rehabilitation Center, Brgy. Highway, Dulag, Leyte

SCOPE OF WORKS
I GENERAL REQUIREMENTS
1 Mobilization/Demobilzation
a. Setting up of storage for materials.
b. Clearing the area to be used for construction.
c. Mobilization of workers, materials and equipment.
d. Demobilize and cleaning all areas after construction.
e. Removal of debris and temporary facilities during and after construction.

2 Project Signboard
a. Fabrication and installation of printed tarpaulin on ordinary plywood

3 Permits, Licenses and Material Testing


a. Application for Locational Clearance, Building Permit Fees and Testing of Materials.

II SITEWORKS
1 Excavation
a. Structural excavation for column footings and grade beams.

2 Gravel Bedding
a. Provision, spreading and compaction of 4" thk. gravel bedding for column footings and grade beams.

3 Backfill and Compaction


a. Backfilling, tampering, spreading & compaction of filling materials.

III MASONRY WORKS


a. Laying of 4" and 6" thick CHB as indicated in the plan
b. Application of “class B (1 cement: 3 sand)” mixture as CHB cement mortar.
c. Applying 25 mm thick “class B (1 cement: 3 sand)” mixture of cement mortar for plastering.
d. Provision of Deco Stone as indicated in the plan.
e. Extension of the Existing Septic Tank to the finish floor line.

IV REINFORCED CONCRETE WORKS


a. Mixture and pouring of “class A” concrete column footings, columns, slabs and beams.
b. Installation of steel reinforcements, stirrups & ties.

V FORMWORKS AND SCAFFOLDINGS


a. Installation and removal of forms for footings, columns and beams.
b. Erection of scaffolding, staging and support for all concrete works and structural works

VI CEILING WORKS
a. Provision and installation of 4.5mm Fiber Cement Board on Aluminum T-Runners.
b. Provision and installation of 4.5mm Fiber Cement Board on Metal Furring Frame Spaced @ .60m o.c. b.w.
at overhang area.

VII DRY WALL PARTITION


a. Provision and installation of 6mm thick Ficem Board as wall partition.
b. Provision and installation of Metal Studs and Metal Tracks as framing for wall partition spaced @ .60m o.c. b.w.

82
VIII ROOFING AND ROOF FRAMING WORKS
1 Roof Framing
a Provision, Fabrication installation of Steel Trusses; Angle Bar with Gusset Plate as specified in plan.
b. Provision and installation of 100x50x1.5mm thick C - Purlins with 2"x2"x1/4" Angle Bar as Cleats, 2-2"x2"x1/4"
Angle Bar as web member, 2-2"x2"x1/4" Angle Bar as Top Chord and Bottom Chord with 3/16" mm gusset plate
c. Provision and Installation of Base Plate with nuts and bolts as indicated in the plan.
2 Roofing System
a. Provision and installation of GA#24 Pre Painted G.I. Roof, G.I. Flashing and Thermal Heat Insulator.

IX DOORS AND WINDOWS


a Provision and installation of powder coated aluminum door with complete accessories, as specified in plan.
b. Provision and installation of solid door with complete accessories, as specified in plan.
c. Provision and installation of powder coated awning window, bronze glass with insect screen.
d. Provision and installation of powder coated sliding window, bronze glass with insect screen.
e. Provision and installation of powder coated fixed window, bronze glass with insect screen.
d. Provision and installation of powder coated sliding window, bronze glass.

X ARCHITECTURAL FINISHES
1 Tile Works
a. Provision and installation of 0.60x0.60m homogenous granite tiles.
b. Provision and installation of 0.60x0.60m synthetic granite tiles.
c. Provision and installation of 0.30x0.60m homogenouse granite tiles.
d. Provision and installation of 0.30x0.30m unglazed ceramic floor tiles for the stairs area.
e. Installation of Brass Nosing at Stairs
f. Application of Tile Grout
2 Steel Works
a. Provision, fabrication, installation of railings, square bar and treated good lumber as specified in the plan.

XI METAL WORKS
a. Provision and fabrication of steel shelves as specified in the plan.

XII CATCH BASIN


a. Construction of concrete catch basin using 6" thick CHB.
b. Mixture and Pouring of Class A concrete.

XIII PLUMBING WORKS


a. Installation of sanitary lines: PVC pipes and fittings, as indicated in plan (all series 1000).
b. Provision and installation of 4” dia. roof downspouts.

XIV PAINTING WORKS


a. Provision and application of concrete neutralizer for concrete and masonry areas.
b. Provision and application of Odorless Antibacterial Acrylic and Dirt Resisting Latex Paint on all masonry and
concrete work as specfied in the plan
c. Provision and application of putty for masonry.
d. Provision and application of red oxide primer for steel.
e. Provision and application of enamel paint for steel.

XV ELECTRICAL WORKS
a. Roughing-ins: laying of electrical wires, pipes and fittings.
b. Provision and Installation of Fire Detection and Alarm System using the materials provided in the
detailed estimates.
c. Installation of panel board with breakers.
d. Installation of fixtures and accessories provided in the Detailed Estimates
which was prepared by the implementing agency.
e. Installation of ACU as providede in the Detailed Estimates
which was prepared by the implementing agency.
g. Installation of speakers, wires, pipes, fittings and its accessories
h. Installation of Industrial Exhaust fan provided in the Detailed Estimates

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(1) GENERAL REQUIREMENTS


TS-1 General

1.1 Provision

The Contractor shall perform all the required scope of works for the DOH Treatment
and Rehabilitation Center in compliance with this Technical Specifications.

1.2 Drawings and Specifications

Drawings and specification are intended to complement each other, so that if


anything is shown on the drawings, but not mentioned in the specifications, or vice
versa, it is to be furnished and built as though specifically set forth in both. If any
discrepancies occur in the drawings or specifications, the same shall be referred to
the Engineers assigned in the project before proceeding with the work. The
Engineer’s decision on such discrepancies shall be final provided that the said
discrepancies will not incur any additional cost and will not sacrifice the structural
integrity of any building.

1.3 Large scale drawings shall have preference over smaller scale drawings and figured
dimensions shall have preference over scaled dimensions.

1.4 The Engineer may, during the progress of the work furnish additional drawings
specifications and instructions for new items of work as may be necessary, for the
proper and adequate implementation of the work. The Contractor shall implement
the additional work in accordance with drawings, specifications and instruction. Such
additional drawings, specifications and instruction shall be deemed part of the
Contract Documents.

1.5 Minor Change

The Contractor shall submit to the Engineer a construction methodology to


implement the works. The methodology shall include the provision of adequate
water supply for the building.

1.6 Applicable Standards and Codes

The following terms listed or referred herein or indicated in the drawings are to be
used for reference and latest edition of the publication to the date of these
specifications shall apply.

ASTM - American Society for Testing and Materials


ACI - American Concrete Institute
AISC - American Institute of Steel Construction
ANSI - American National Standard Institute
CRSI - Concrete Reinforcing Steel Institute
- American Welding Society
AWS
ASSHTO - American Association of State Highway and
Transportation Office

1.7 The Contractor may use local standards and codes equivalent to those referred in
this Technical Specifications.

PS - Philippine Standard
NBC - National Building Code of the Philippines
NSC - National Structural Code of the Philippines
PCP - Plumbing Code of the Philippines
PEC - Philippine Electrical Code

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TS-2 Construction Schedule and Execution Plan

The Contractor shall submit a construction schedule in the form of PERT/CPM or


Bar chart, including equipment and manpower utilization schedule for approval by
the Engineer.

TS-3 Permit

Prior to the execution of the work, the contractor shall secure the necessary building
permit and post the permit number to the construction site visible to the public.

TS-4 As-Built Drawings and Construction Log Book


The Contractor shall submit an as-built plan of the project including the records of
construction activities during implementation as a requirement for final payment.

TS-5 Construction Photograph


The Contractor shall submit progress photographs as supporting documents for
every progress payment.

B. SITEWORKS
TS-6 Earthworks

6.1 Materials

(a.) The Contractor shall supply all labor, plant, materials equipment and other
facilities required to complete all earthworks in an acceptable manner as
shown on the drawings and as specified herein. This work shall include
clearing, staking, excavation, sub-base, preparation, backfilling, compaction
and trimming for final grades where the building shall be erected. It also
includes utility service connection for sewer, water supply, and all
appurtenances in accordance with the contract and/or as maybe directed by
the Engineer if applicable.

(b.) All filling materials, whether native to the site or imported,


shall be free of debris, roots, vegetation or other deleterious
materials, sand and gravel shall be free of any clods of stones larger
than 50 mm in their dimension.

(c.) Excavated materials that can be compacted to the required density


and acceptable to the Engineer may be used for
backfilling.
(d.) Bedding materials shall be in accordance with the specification
as accepted by the Engineer. The material shall be hard and
durable stone, with a maximum size of 24mm (1”) graded by
weight as follows:

Sieve Size (square opening) Percent by weight


24 mm (1 inch) 90– 100
19 mm (3-4 inch) 10– 50
12 mm (1/2 inch) 0– 20
9.5 mm ((3/8 inch) 0– 10
(e.) Coarse sand shall consist of clean, inert, hard, durable material free from
loam or clay, surface coating and deleterious materials. The Contractor shall
submit samples for testing with the supervision of the Engineer and shall
pass the required specification prior to installation.

(f.) Selected fill material shall be graded mixture of fine coarse grained material
with less than 35% passing the number 200 sieve. The Contractor shall
submit samples of the materials he proposes to use, showing that it can be
compacted to the required density.

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6.2 Scope of work

(a) The area at least two (2) meters around the building shall be cleared of rubbish,
loams, refuse, grass, roots and other perishable or objectionable matter.

(b) All unsuitable materials that lie within the operational area shall be removed and
disposed from the site, to a dump designated by the Engineer or spread in locations
and manner approved by the Engineer. Clearing may be undertaken by any method,
which is not detrimental to the work, nor wasteful for earth materials.

(c) The building shall be staked out and all lines and grades as shown on the plans
shall be established accurately before the start of excavation. Basic batter boards
and reference marks shall be erected before the construction of the foundation.

(d) Trenching and drilling for water, sewer or storm drainage, if applicable, shall be
done according to line and depths as shown in the drawings. Any trenches shall be
sufficient width to accommodate the proper laying, installation and joining of pipes.
Lines and depths not indicated on the drawings shall be determined by the Engineer
before laying of pipelines is done. All trenches shall be fully backfilled upon approval
by the Engineer in accordance with the elevations as indicated on the plans. If the
Contractor did not attain the required elevation at the end of the day, the Engineer
shall require the contractor to place warning signs at the periphery of the excavated
area.

(e) Where trenches for water, sewer and storm drainage pipelines require the removal
of road pavements, the contractor shall obtain written permit from the Municipal
Engineering Office. The Contractor shall restore such pavements to their original or
better condition without any additional cost to the Owner.

(f) The excavation lines shown on the drawings are solely for the purpose of computing
quantities for pavement purposes. The Owner specifically does not warrant the
actual sides can be made to the excavation lines shown.

(g) The Contractor shall design, furnish, install, and maintain such sheeting and bracing
as may be required to support the side of excavation if scouring arises. Care shall
be taken to prevent voids outside the sheeting. Prior to installation of any sheeting
and bracing, the Contractor’s proposed method of installation shall be approved by
the Engineer.

(h) All sheeting and bracing, upon completion of the works, shall be carefully removed
without endangering the new installations and the existing utilities or adjoining
property as well.

(i) All voids caused by withdrawal of sheeting shall be immediately refilled with sand
and compacted by ramming with suitable tools, watering or any method directed by
the Engineer.

(j) Wood sheeting shall not be withdrawn if driven below the bottom of any drain, and
under no circumstances shall any wood sheeting be cut off at a level lower than
0.30m above the top of the drain.

(k) The contractor shall leave in place to be embedded in the backfill, all sheeting,
bracing, etc. which the Engineer may direct him in writing to leave in place at any
time during the progress of the work for the purpose of preventing injury to
structures, utilities, or property, whether public or private.

(l) Excavation shall include the removal of all materials of whatever nature encountered
including all obstructions of any nature that would interfere with

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the proper execution and completion of the work. The removal of these
materials shall conform to the lines and grades shown on drawings as
ordered by the Engineer. If scouring arises the Contractor shall immediately
furnish and install sheeting to secure the sides of the excavation and notify
the Engineer for verification and approval. The Contractor may submit other
method of excavation for any unstable ground encountered, whether by
shoring or by sloping excavation. The Engineer shall immediately notify the
Contractor the acceptable method to avoid and avoid damages to the
adjoining property or utilities.

(m) Excavation to a depth greater than that shown on the drawings may be required
without any additional costs. The depth and extent of over excavation shall be to the
approval of the Engineer.

(n) The materials to be used for backfilling maybe either selected material, gravel, or
other materials that is acceptable. The material used shall be placed in layers,
brought to optimum moisture content and compacted to ninety (90%) percent of the
modified AASHTO Standard.

(o) Bedding material shall be sand or crushed rock as previously specified. Bedding
material shall be placed in layer to a minimum depth of 100mm and compacted to
95% of modified AASHTO compaction, prior to installation of pipes or concreting of
structure.
(p) Initial backfill to a depth of 150mm above the pipe shall be carried out using coarse
sand. The backfill shall be carried out in layers not exceeding 150 mm compacted
thicknesses of 95% compaction.

(q) Te remainder of the backfill shall be from excavated material subject to the approval
of the Engineer.

(r) Filling shall be carried up in layers not exceeding 150 mm compacted thicknesses.
Compaction shall be carried out using, vibratory compactors or other equipment
suitable to achieve a reliable and uniform compaction to the specified standard.
Manual compaction methods will be acceptable upon approval of the Engineer.

(s) The Contractor shall give special attention to the effect of his operations. He shall
take special care to maintain, trim, and level the surrounding area around the
building during construction period.

(c) CONCRETE
TS-7 General

This section includes all operations necessary for the supply and delivery of all
materials, labor, equipment and all associated activities necessary to complete the
work conforming to the following standards:

ASTM C-31 Method of Making and Curing Concrete Test


Specimens in the Field

ASTM C-33 Specification for Concrete Aggregates

ASTM C-39 Method of Test for Compressive Strength of


Molded Cylindrical Concrete Specimens

ASTM C-94 Specification for Ready-Mixed Concrete

ASTM C-143 Test for Slump of Portland Cement Concrete

ASTM C-150 Specification for Portland Cement

ASTM A-615 Specification for Deformed and Plain Billet


Steel Bars for Concrete Reinforcement

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TS-8 Materials

8.1 All cement shall be Portland cement and shall be Type 1, conforming to
ASTM C-150.

8.2 Fine and coarse aggregates shall be obtained from the approved source
as conforming to DPWH standard specifications and shall conform to ASTM
C-33.

8.3 Water shall be potable and free from deleterious amounts of acids, alkalis,
oils or organic matter.

8.4 Admixtures shall only be used with the prior written consent of the Engineer.
Admixtures shall not contain calcium chloride. The use of an admixture shall
not change the required quantities of cement specified and the quantity of
admixture used and method of mixing shall be in accordance with the
manufacturer’s instruction as the case may be.

8.5 Reinforcement steel shall be deformed steel bars


conforming to Structural Grade (Phil. Standard) Grade 40.
Shapes and dimensions shall be as indicated on the drawings.

TS-9 Quality of concrete

9.1 The quality of concrete shall comply with the “National Structural Code of the
Philippines, Volume 1” and with the specific requirements outlined in the
various sections of this specification.

9.2 Testing of samples from concrete pours shall be as required by the “National
Structural Code of the Philippines, Volume 1”.

9.3 Tests of specimens shall be deemed acceptable provided they meet the
requirements of the “National Structural Code of the Philippines, Volume 1”.

9.4 Should further testing of the finished concrete be necessary but test
specimens are not available, it shall be carried out in accordance with the
approved procedures laid down in “National Structural Code of the
Philippines, Volume 1”.

9.5 Hardened concrete that is deemed not to comply with this specification, but
which the Engineer permits for testing, shall be subject for compressive
strength.

9.6 Any concrete will be rejected under this specification if the results fail to
meet the requirements of “National Structural Code of the Philippines,
Volume 1”.

9.7 Hardened concrete may also be rejected and the Engineer has the option to
let the Contractor to demolish the rejected portion for any one of the
following conditions:

a. It is porous, segregated or honeycombed.


b. Its placing has been so interrupted that there is a construction or similar joint
not in accordance with the National Structural Code of the Philippines,
Volume 1.
c. The reinforcing steel it incorporates has been displaced.
d. Construction tolerances have not been met.
e. The required surfaced finish has not been met.
f. The concrete can be shown to be otherwise defective.

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TS-10 Scope of Works and Methods of Construction

10.1 Concrete shall not be placed until all formworks, installation of reinforcement, and
the preparation of surfaces have been approved by the Engineer. Prior to concreting
the Contractor shall submit a proposed pouring schedule for the various stages of
the work for approval by the Engineer. No concrete shall be poured without the
Engineer’s approval presence. Subsequently, the Contractor shall give the Engineer
twenty four (24) hours notice of his intention to proceed with the next stages of the
work.

10.2 All batches of mortar or concrete shall be adjusted to the capacity of the mixer. If
hand mixing shall be allowed, the batch shall be so proportioned as to use only full
bag batches. In case ready mixed concrete shall be used, it must comply with
ASTM C-94 and all the requirements therein.

10.3 All mortar and concrete shall be used while fresh and when there is no evidence of
initial setting. No tampering of mortar or concrete will be allowed.

10.4 Ready mixed concrete (i.e., off-site transit mixer concrete) shall comply with ASTM
C-94 and the requirements herein. Batch deliveries shall not exceed the rated
capacity specified for the mixer by its manufacturer. The Contractor shall submit
affidavits, for the approval of the Engineer, certifying that the proposed mix to be
supplied shall satisfy the requirements of these specifications.

10.5 The accuracy of weighing equipment and the accuracy of batching shall comply with
the applicable requirements of ASTM C-94 and its reference standards. The
materials shall be so measured as to give the required mix proportions. Cement and
aggregates shall be measured by weight or any other method approved by the
Engineer.

10.6 The device employed to measure and discharge the amount of water for the mixture
shall be capable of adjustment and checking.

10.7 Water carried by the aggregate, in excess of that giving a saturated surface-dry
condition shall be considered as part of the required mixing water.

10.8 Concrete shall be mixed until the materials are uniformly distributed. The time of
mixing shall not be less than one and one half (1 ½) minutes after all ingredients are
in the mixer.

10.9 No concrete shall be placed until the required bedding had been laid and
compacted, the necessary reinforcement, forms, and false work had been installed,
had attained the required elevation, inspected and approved by the engineer. Before
depositing concrete, all debris, foreign matter, dirt and water shall be removed from
the forms, and the surface of any concrete previously placed shall be cleaned and
brushed with cement paste.

10.10 No concrete shall be placed on filled ground until it has attained the required
compaction and approved by the Engineer.

10.11 All concrete shall be placed in daylight or under such lighting condition that may be
approved by the Engineer as the case may be.

10.12 The method and manner of placing concrete shall be such as to avoid the possibility
of segregation of the concrete or the displacement of the reinforcement. Where
troughs or chutes are used in placing concrete, the angle of inclination with respect
to the horizontal shall not exceed thirty (30) degrees.

10.13 Concrete shall not be allowed to drop into place from a height exceeding one (1)
meter.
10.14 The placing of concrete shall be evenly regulated to avoid the depositing of a large
quantity at any one point. Concrete in horizontal layers shall be deposited as near
as practicable to its final position in the forms.

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10.15 Concrete shall be deposited in a continuous operation as far as it is practicable to


avoid initial setting starting in any part of the work before another fresh concrete
shall be placed against it.

10.16 Compaction of concrete shall be by immersion type of vibrator. Vibration shall be


limited to the time necessary to produced thorough compaction of the concrete
without segregation. Under no circumstances, vibrator shall be used to move
concrete laterally, nor shall it be allowed to penetrate concrete in the previous batch.

10.17 During placing and until curing, all new concrete shall be protected against the
harmful effects of exposure to the elements and to running water.

10.18 When concrete hardens sufficiently, it must be covered with damp, closed-woven
burlap or similar material, or clean sand, which shall be kept thoroughly saturated
over a period of fourteen (14) days. Where wood forms are used, they shall be kept
wet for the same period to prevent openings at the joints and drying out of the
concrete.

10.19 If the temperature of the surrounding air is higher than 32 degree Celsius prior the
pouring of concrete, the following shall procedures must be applied by the
Contractor:

a. The formwork shall be continually sprayed with cold water in advance


of the concreting and excess water shall be removed from the inside of the
forms immediately prior to the placement of concrete.

b. The reinforcement of the formwork, if metal forms are used, shall be


protected from the effects of hot winds and direct sunlight.

c. Suitable barriers shall be provided to protect the freshly placed


concrete from wind, shall be covered and allow the concrete to harden
sufficiently.

d. The concrete shall be held to a temperature of 32 degree Celsius


during pouring.

e. The concrete shall be mixed, transported, placed and compacted as


rapidly as possible and shall be then covered with an impervious membrane
and shall kept wet for curing.

TS-11 Finishing of Concrete

11.1 Allowable deviations from plumb or level and from the alignment, profile grades and
dimensions shown on the drawings are defined as “tolerances” and are to be
distinguished from irregularities in finish. Surface irregularities are classified as
abrupt or gradual. Off sets caused by displaced or misplaced from sheeting, form
lining, form section, loose knot or knots or otherwise defective form timber will be
considered as abrupt irregularities and will tested by either a straight edge or its
equivalent for curved surfaces.

11.2 Immediately after removal of forms, all pins and loose material shall be removed.
“Honey-combed” aggregate pockets, voids and holes shall be cut back to solid
concrete. All repairs of imperfections in concrete shall be completed within twenty
four (24) hours after removal of forms.

TS-12 Formworks

12.1 The contractor shall be responsible for the design, erection and adjustment of all
formwork and false work in accordance with the National Structural Code of the
Philippines, Volume 1.

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12.2 All materials used in the construction and support of formwork shall be of timber or
any alternative materials upon approval of the Engineer. For beams and slabs, use
not less than 12 mm (1/2”) thick plywood forms for exposed concrete while 20 mm
(3/4”) thick T & G or plyboards for covered concrete.

12.3 It shall be the Contractor’s responsibility to ensure that the forms are placed to the
shape, lines and dimensions as indicated on the drawings, and they shall have
sufficient strength to withstand the pressure resulting from placement and vibration
of the concrete. The Contractor shall ensure that the forms are maintained rigidly in
position and be sufficiently tight to prevent excessive leakage of mortar.

12.4 All debris particularly chipping, shaving and sawdust, shall be removed from the
interior of the forms before the concrete is placed.

12.5 Before any pouring of concrete, the Engineer shall inspect the formwork and reject
any materials of forms that do not conform to this specification.

12.6 The deflection of forms between joints and/or studs shall no exceed one five-
hundredth (1/500) of the joints or stud spacing.

TS-13 Grouting

The Contractor, prior the pouring of another batch of concrete on hardened concrete
surface grouting shall be made. Before any grouting operation, all surfaces to be
grouted shall be cleared of extraneous materials.

TS-14 Rebar

14.1 All steel bars to be used during construction should be in accordance with the
guidelines of “National Structural Code of the Philippines, Volume 1”

14.2 The tolerances on cutting and bending of reinforcement shall be in accordance with
the provisions stipulated in the constructions notes of the approved plans and
specifications.

14.3 Lap splicing or welding of reinforcement, if approved by the Engineer, of


reinforcement shall comply with the National Structural Code of the Philippines,
Volume 1. It shall not be carried out within 75mm of a bend having an internal
diameter less than 12 bar diameter.

D. MASONRY
The scope of the work covers the furnishing of all labor, equipment and materials for
the erection of walls made of non-load bearing, 100mm and/or 150mm thick
concrete hollow blocks. For exterior walls use 150mm thick CHB, and for interior
walls use 100mm thick CHB.

TS-15 Materials

15.1 All materials supplied under the Contract shall conform to the requirements of the
Philippine Standard Association and the National Structural Code of the Philippines,
Volume 1.

15.2 Recommended strength of CHB for both exterior & interior walls of the building shall
not be less than 450 psi.

15.3 Portland cement mortar for laying concrete hollow blocks shall consist of one (1)
part Portland cement, and three (3) parts sand.

15.4 Mortar materials shall be accurately measured by volume and thoroughly mixed
until evenly distributed throughout the batch. Unless otherwise approved by the
Engineer, mixing by batch shall be by mechanical mixer of not less than two (2)
minutes per batch.

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15.5 Masonry materials shall be handled with care to prevent chipping and breakage.
Masonry units with crack shall not be installed and shall be replaced immediately.
Material for concrete masonry units shall be stacked on platform and covered or
stored in any other approved manner that will protect these materials from contact
with the soil and exposure to the weather. Cement shall be stored off the ground
under water tight cover and away from sweating walls and other damp surfaces until
ready for use. Damage or deteriorated materials shall be removed from the
premises.

15.6 All steel reinforcement for masonry works shall be in accordance with the approved
plan and details as shown on the drawings.

TS-16 Methods of Construction

16.1 All masonry units shall be laid plumbed, leveled and accurately spaced. Wall
intersection shall be toothed alternately. End of walls shall be in vertical line.

16.2 All masonry units shall be wetted before laying. The blocks shall be laid in mortar
bedding in such a way that no cracks are formed between the blocks and the mortar
at the time the masonry units are placed.

16.3 The concrete blocks shall be adjusted to its final position while mortar is still soft and
plastic to insure a good bond.

16.4 The position of the concrete block shall not be shifted after the mortar has stiffened.

16.5 All horizontal and vertical joints must be filled solid with 3/8-inch (9.5mm) thick
mortar unless otherwise specified or detailed on the drawings. Any patching
necessary to fill the joints should be completed.
16.6 All vertical masonry wall reinforcement shall be anchored to concrete wall footings
and roof beam. Likewise horizontal reinforcements should be anchored to column
bars and shall be tied to every vertical masonry wall reinforcements.

16.7 Filling of CHB cells shall be carried out in stages not exceeding 3 courses at a time
and the concrete properly compacted without disturbing the newly laid concrete
blocks.

16.8 The filler concrete shall be stopped at a level about thirty six (36) mm. (1 ½ in.)
below the top of the blocks laid, when filling of concrete shall be stopped for more
than one (1) hour.

16.9 At the completion of the work, all excess mortar on masonry surfaces and mortar
spilled on floor slabs shall be removed.

F. WOOD WORKS
TS-17 General

17.1 The works consists of furnishing all materials, plant, labor, equipment, and all other
items specified in the drawings and in the specifications. It also includes all
operations necessary for the completion of all carpentry works.

17.2 Lumber shall be of approved quality, of the respective kinds required for the work,
well-seasoned, thoroughly dry, straight and free from large, loose or unsound knots,
saps, shakes, or other imperfections which may affect its strength, durability and
appearance

17.3 Framing lumber (if applicable) including trusses, rafters, purlins, and girts shall be of
the rough dimension shown on the drawings). Any planed lumber supplied shall
have a finish size not less than the rough dimensions specified on the drawings.

17.4 All cutting, framing, fitting and other rough lumbers necessary for the completion of
the work shall be provided.

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TS-18 Protection and Storage

18.1 Lumber shall be protected and kept under cover both in transit and at the job site,
and shall be carefully piled off the ground and insure of proper ventilation, and
protection from the weather.

18.2 All surface wood framework and other wood members in contact with or embedded
in concrete shall be painted with two (2) coat of asphalt applied hot or coal tar.

18.3 The Contractor shall protect all finish woodwork from injury after it has been set in
place until the completion and final acceptance of work.

TS-19 Substitution of Lumber

Any lumber intended to be used maybe substituted if the substitute belongs to the
same group of the kinds specified. However, a deduction may be considered if the
unit cost of the substitute is lower than that of the unit cost as stated in the contract.
Any substitution must be subject to the approval of the Engineer.

TS-20 Materials

20.1 When the type and kind of lumber to be used for woodwork is not specified in the
drawings and details, the following shall be used:

a. Guijo or Lauan – for all door jambs, window jambs, headers and transom
bars; wood plates, stair handrail, and all other wood works coming in contact
with concrete or masonry.

b. Tanguile or Red Lauan – for all ceiling framing, studding and partitions if any.

c. Plywood – shall be 6 mm (1/4 inch) thick marine plywood for interior ceiling,
and marine type for eaves. If applicable, 19 mm (3/4 inch) thick shall be
used for cabinet and its door, counters and shelves.

d. Fiber Cement Board – shall be 12 mm (1/2 inch) thick for use on fascia
boards, the preferred sizes are shown on the drawings.

TS-21 Methods of Construction

21.1 All framing and other rough carpentry shall be fitted closely and carefully to the
required lines and levels, and shall be secured in place in a rigid substantial
manner.

21.2 Door jambs indicated on the drawings, in contact with concrete shall be anchored
using 4-inch common wire nails spaced not more than 200 mm apart, all around the
contact surface.

21.3 Fastenings, except where bolts are shown on the drawings shall be common wire
nails.

21.4 Nails shall be of the proper size, and care shall be taken so as not split the wood
members.

21.5 All dimensions shall be verified on the site before fabricating joinery items. All joints
shall be accurately and cleanly formed to conform to the required details. All items of
work shown on the drawings shall be done by the Contractor with good
workmanship practice and in accordance with the best reasonable interpretation of
the plans and related specification. Use weldwood or other approved water-resistant
glue for assembly of materials and other joinery.

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G. THERMAL AND MOISTURE PROTECTION


TS-22 General

This section include the supply all labor, plant, materials, equipments, and other
facilities required to complete all roofing work as shown on the drawings and
specified herein. Work shall be done by trained and experienced workmen who are
completely familiar with the materials involved and the recommended methods of
installation.

TS-23 Materials

23.1 GA. 26, corrugated, manufacturer pre-painted long span G.I. Roofing shall be used
and all bended accessories such as ridge rolls, end flashings, side flashings and
corner flashings shall be GA. 24, preformed, pre-painted G.I. materials and
delivered to site free from any damages or defects.

23.2 Cement from concreting works, chemical solutions, paint, welding sparks, nails and
iron tools should not be allowed to drop on, extend to or rust away at the roof since
removal or scraping of materials later could damage the roof’s coating, roof traffic
should be minimized. When crossing the roof area, walking should be conducted
along roof frame locations, along overlaps or on wooden planks laid over the roof
panels.

TS-24 Methods of Construction

24.1 Installation of corrugated G.I. sheets with end laps shall start at the lower part of the
roof and proceed towards the direction of monsoon wind providing side laps of 2-1/2
corrugations. Roofing sheets can be fastened by means of stove bolt with aluminum
rubber washers or tekscrew with rubber washer. Manufacturer’s specification shall
maybe acceptable or as directed by the Engineer.

24.2 Roof mounting strip/connector or tight frame shall be FB2.3 x 30 galvanized steel
sheet and shall be fastened to the purlins by full weld or water head tekscrew or as
directed by the Engineer. Ridge rolls and other flashings shall be attached to the
roofing sheets by means of rivets or screws.

H. DOORS AND WINDOWS


TS-25 General

25.1 The work includes the furnishing of materials, equipment, methods and in
performing all operation for all wood doors and windows, complete in accordance
with the plans and this specification.

a. All lumbers for door and window frames shall be kiln-dried and approved
grade lumber as specified in the technical specifications. All doors and
windows shall be of the type done in accordance with the details as shown
on the drawings. Refer to the schedule of doors and windows.

b. The Contractor shall be responsible for the proper execution and exactness
of dimensions. Shop drawings shall be presented by the Contractor to the
Engineer for review and checking prior to production.

TS-26 Storage and Protection

Wood doors, windows and frames shall be protected against damage and
dampness. The horns on doors and window frames should be only at the time of
installation. Doors and windows shall be stored under cover in a well-ventilated
building where they will not be exposed to extreme changes of humidity.

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TS-27 Materials

27.1 Frames shall be of the design, size and thickness indicated on the drawings. Wood
and window frames in masonry or concrete walls shall be nailed as indicated on the
drawings.

27.2 Door hardware and accessories shall be of the design and patterns that will prevent
the infiltration of water through its operating parts.

27.3 Flushed Type Door studs shall be of Lauan, kiln-dried. Use 6mm (1/4”) thick marine
plywood covering on both sides of door, and shall be of commercial standard.
Design and details shall be as indicated on the drawings.

27.4 Hinged door shall be hung plumb, and fitted accurately allowing three (3) mm
clearance at the jambs. Use four (4) butt hinges for each panel or hinged door as
shown in the drawings.

27.5 Movable jalousie shall be lever type aluminum frame mechanism. Type and brand
shall be subject to the approval of the Consultant. Glass blades for jalousie shall not
be less than 6mm (1/4”) thick. Glass shall be correctly cut to its net dimension on
sides and both ends and shall be free from foam, cracks, deformation and other
defects. Edges of the glass shall be well chamfered and other performance as
maybe directed by the Engineer.

TS-28 Hardware

28.1 General

a. The work includes the provision and installation of rough hardware, required
for the completion of the work, including nails, bolts, screws, etc., all finishing
hardware hereinafter specified shall be put in a proper manner with screws
and shall match the finishes.

b. All items of finish hardware shall be furnished packaged and labeled in sets
as specified. Set numbers are drawn in the schedule together with the type
numbers. All items of finish hardware of like kind and purpose shall be of the
same manufacturer.

c. The Contractor shall provide and fit in place all hardware not herein
specifically mentioned, but necessary to complete the work. All such
hardware, should there be any, shall conform in every respect to the
hardware specified on the plans.

28.2 Submittals

Samples of materials, accessories, and all other items shall be submitted to the
Engineer for approval prior to placing orders for materials.

The material plate numbers shall be properly identified to designate the quality,
type, design, operation, and finishes required. Any other hardware equally good,
maybe substituted and subject to the written approval of the Engineer.

Items of hardware shall be delivered to the jobsite in their original individual


containers, complete with the necessary appurtenance including screws, key and
instructions. Each individual container shall be marked with the manufacturer’s
name and catalog numbers.

28.3 Materials

1. Hinges shall be “Loose Pin Butt Hinge” or approved equal butt hinge button tips,
brass polished and plated for all exterior doors.

2. Lock sets shall be used for all entrance doors and other room door as specified on
the drawings equivalent shall be subject to the approval of the Engineer.

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3. All door locks shall be keyed individually and three (3) keys shall be furnished for
each lock. Door locks shall be Kwikset or its equivalent.

4. All locks shall be installed at the same height from the floor as shown on the
drawings. Door knobs shall be located so that the center of the knob is 0.90 meter
(35 ½”) from the finished floor or as directed by the Engineer.

5. Cabinet pulls shall be of chrome plated finish, U.S. brand. Design shall be submitted
to the Engineer for approval prior to installation.

6. Nails shall be of the standard wire nails, unless otherwise indicated in the drawings.

7. Anchor Bolts and Fastener shall be provided as necessary for installation of the
work indicated and specified; shall be zinc-coated regular commercial grade of size
and length to suit the purpose.

8. Bolt with expansion shields shall be galvanized, good commercial grade, of the type
and class best suited for the purpose and as indicated.

9. All entrance doors having an external swing radius shall be provided with door
stoppers installed 2000mm from finish floor line, rubber tip ends and with a hook &
eye catcher. Method of installation, materials and type shall be subject to the
approval of the Engineer.

28.4 Methods of Installation

All hardware shall be installed in a neat, acceptable manner, following


manufacturer’s instruction. After installation, protect hardware from paint, stain,
blemishes and other damage until acceptance of the work. All hardware shall be
adjusted properly and checked in the presence of the Engineer and hinges, lock and
other items shall be operating properly. After all hardware is checked, keys shall be
tagged, identified and delivered to the Engineer. All errors in cutting and fitting, and
all damage to adjoining work shall be corrected, repaired, and finished as directed
by the Engineer.

I. FINISHES
TS-29 Plastering

29.1 General
The work includes the furnishing of materials, equipment, methods and the labor
necessary to complete all plastering in accordance with the drawings and specified
herein.

29.2 Materials

All materials specified herein shall be subject to the specification of manufacturers


and to the approval of the Engineer.

a. Portland Cement shall conform to ASTM C-150), Type 1.

b. Sand shall be hard, well washed, clean and free from deleterious materials
conforming to ASTM C-40.

c. Lime Shall be hydrated lime with the requirement that calcium oxide (CaO)
and the magnesium oxide (MgO) shall not exceed eight (8) percent by
weight calculated

d. Water shall be potable, clean and free form organic matter, acids and alkalis.

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29.3 Delivery and Storage

Manufactured materials shall be delivered in the original unbroken packages and


containers bearing the name and brand of the manufacturer. Cement materials shall
be kept away from the sweating walls and damp surfaces until ready for use.
Damage or deteriorated materials shall be removed from the premises.

29.4 Mixture

Plaster shall be the thoroughly mixed with the proper amount of water until uniform
in color consistency. Tampering shall not be permitted and all plaster that has
begun to stiffen shall be discarded. Cement mortar shall be of three (3) coat
application. Each coat shall be proportional as follows: one (1) part Portland
Cement, three (3) parts sand and one fifth part lime putty.

29.5 Methods of Construction

a. Surfaces to receive plaster shall be cleaned of all loose particles, dust, cracks
and other foreign matter. Before the plastering work is started, masonry
surfaces shall be wetted thoroughly with a fog, spray of clean water to
produce a uniformly moist condition. Corner beads, screeds and other
accessories shall be check carefully for alignment before work is started.

b. The coat shall be applied with sufficient pressure to fill the grooves in hollow
blocks or concrete surface to prevent air pockets and secure a good bond.
The coat shall be lightly scratch and broom. Each coat of cement plaster
shall be kept moist for four (4) hour after application and then allowed to dry.

c. Finish and final coat shall not be applied until the first coat has seasoned for
7 days. Before the application of the finish coat, the concrete surface shall
be evenly moistened with a fog coat; the first shall be floated first to a true
and even surface then toweled in a manner that will force the sand particles
down into the plaster. Plastered surfaces shall be smooth and free from
rough areas, toweled marks, checks and blemishes. Thickness of plaster
shall be 9mm (3/8”) on vertical concrete and on masonry.

d. On wall finishing, exterior and interior finishes shall be plain cement plaster
finish or whatever is specified on the drawing.

e. Toilet wall finishes shall be vitrified glazed ceramic tiles wainscoting. (Refer
to ceramic tile work for detailed information).

f. Plastering work shall be finished level, square and true within a tolerance of
5 millimeter in 4.8 meters without cracks, wakes, blisters, pits, projections
and other imperfections. Plaster work shall be formed carefully around
corners, contours and well-up to screeds. Care shall be taken to prevent
sagging and drooping of applications. There shall be no visible junction
marks, in the finish coat where one day’s work adjoins the other.

g. Upon completion of the building and when directed, all loose, cracked,
damaged, or defective plastering shall be cut out and re-plastered in a
satisfactory and approved manner. All pointing and patching of plastered
surfaces, and plaster work abutting of adjoining any other finish work, shall
be done in neat and acceptable manner. Plaster droppings shall be removed
from all surfaces. Exposed plastered surfaces shall be left in a clean
unblemished condition ready to receive paint or other finish. Protective
covering shall be removed from floors and other surfaces, and all rubbish
and debris shall be removed from the building.

TS-30 Ceramic Tile Work

30.1 General

Tile work shall not be started until all installation for plumbing and electrical work
has been completed and tested.

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30.2 Materials

Manufactured materials shall be delivered in the manufacturer’s original unbroken


packages or containers that are labeled plainly with the names and brands.

a. Floor tiles shall be unglazed ceramic tiles, 300mm x 300mm x 6mm (12” x
12” x ¼”) and Wall tiles shall be glazed tiles, 300mm x 300mm for Toilets.
And, 400mm x 400mm (16” x 16”) Unglazed Ceramic Floor tiles for entire
Floor and 400mm x 400mm (16”x16”) Glazed Wall Tiles manufactured by
approved brand.

b. Trimmers and moldings shall be bright mat glazed to fill the sizes and match
with the finish of the wall tiles.

30.3 Construction Methods

a. Wall tiles shall cover walls and partitions to nominal height as indicated on
the drawings. Finish of wall and wainscot tiles shall be uniform for all
toilet rooms.

b. Mortar for setting wall tile and floor tiles shall consists of one (1) part
Portland cement and three (3) parts sand by volume.

c. All tile batches to be thoroughly mixed before placing to balance out any
manufacturer’s variation in color and texture.

d. Glazed wall tile shall be thoroughly soaked in clean water before being set.

e. Tiles shall be firmly secured in place. Joints shall be well filled, lines kept
straight and true, and finished surfaces brought to a true plane. Setting beds
of floor tiles shall be thick enough to bring the tops of the tiles to the finish
slope or levels indicated. Wall filled tiles shall be set with horizontal and
vertical straight line joints, except as indicated otherwise, intersection and
returns shall be perfectly formed. Cutting and drilling of tiles shall be neatly
done without damaging the surfaces of the Tiles.

TS-31 Painting

31.1 General

The work under this section shall include the furnishing of all materials, labor, tools
and other facilities necessary to complete all painting of all of all surfaces throughout
the interior and exterior of the building except as otherwise specified.

Before paint application, the contractor shall inspect all surfaces to be painted and
all defects shall be remedied. For concrete surfaces all dirty matter shall be removed
by scrubbing affected surfaces with a solution of muriatic acid and water (add a half
to pint of acid to a gallon of water), and rinse with a clear water to allow to dry
thoroughly. All nail holes, cracks or open joints shall be puttied, caulked, or grouted.

31.2 Materials

a. All paint materials shall be delivered to the jobsite in original containers with
seals unbroken and labels intact. Materials that are damaged during delivery
shall be replaced by the contractor at his own expense. With the exception
of ready-mixed materials in original containers, all mixing shall be done at
the jobsite.

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b. All paints shall be applied in accordance with the manufacturer’s printed


instructions.

c. All materials called for under this section of specifications shall be as


manufactured by “Boysen” or approved equal.

31.3 Color and Samples

a. Color coordinates and samples shall be submitted by the Contractor to the


Engineer for review and approval. No painting shall be done without first
securing prior approval of submitted color samples, schedule and
coordinates.

b. Tinting or matching of colors shall be done under the supervision of the


Engineer. If required, each color and finish shall be prepared in advance,
with the materials specified for the approval of the Engineer. “Off color
selected” shall be understood of all colors specified therein.

31.4 Paint Application and Methods

a. All concrete and masonry and other surfaces shall be in a condition


necessary to receive satisfactory paint finish. All nail holes, cracks or open
joints shall be puttied, caulked, or grouted. Putty, where necessary shall be
applied with a knife after a prime coats have been applied.

b. Scrape off loose mortar surface contaminants, then steel brush to removed
chalk, dust, dirt, and surface deposits.

c. All concrete masonry surface must be thoroughly neutralized either by brush


or spray with a solution four (4) pounds of zinc sulphate to each gallon of
water. Treated surfaces shall be treated with litmus paper to ascertain that
alkalinity is removed, otherwise a second washing with the solution shall be
applied. After drying, all crystals on the neutralized surface must be brushed
off before applying the priming coat.

d. All mill work and other wood works where painting is required shall be
sandpapered to brush, to remove dust, before application of the primer.
Resulting voids mails holes, cracks shall be filled with approved putty. Touch
up all knots, pitch streaks and sappy spots with approved sealer.

e. Scrape off rust from the surface with steel brush and sweep to remove dust,
dirt and all surface contaminants. Oil and Grease adhering to the surface
may be removed by washing affected surface with soap and water. Holes
shall be patched-up with soldiering lead.

f. No exterior painting shall be done in rainy, damp weather or until surfaces


are thoroughly dry. No interior painting or finishing shall be permitted until
building has been thoroughly dried-out.

g. Finish shall be applied only over the preceding coats which are hard and dry.
Finish shall be evenly and smoothly applied in thin but covering coats, and
shall be free from runs, sags or crawling.

h. The use of heavy brush is required. Paints shall be thoroughly stirred so as


to have the pigment evenly in supervision while paint is being applied.
Except where other is noted or specified, all paints shall be applied in three
(3) coats. Wood Surfaces:

i. Painted doors, jambs, ceiling, (gloss finish)


st
1 coat – Flat wall enamel
nd
2 coat – Gloss enamel
rd
3 coat – Gloss enamel

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ii. Plain painted surfaces such as walls, partitions


st
1 coat – Acrylic Flat Latex Paint, White.
nd rd
2 and 3 coat – Acrylic Gloss Latex Paint

i. Exterior concrete wall and cement plaster – all exterior concrete shall
be painted except as otherwise specified on the drawings.
st
i. 1 coat – Boysen Acrytex Primer;
nd rd
ii. 2 and 3 coat – Boysen Acrytex topcoat.

31.5 Cleaning

Upon completion of the work the Contractor shall remove from the building all used
materials, debris, all paint spots on the floor, washing of window glass, hardware
fixture, etc. All work performed under this Section shall be left clean and acceptable
to the Engineer.

31.6 Guarantee

The Contractor shall guarantee his work for a period of one (1) year, when using the
materials specified by the Engineer. The Contractor shall repair all defects due to
faulty material or workmanship caused by him without any additional compensation
for the period specified.

J. PLUMBING WORKS
TS-32 General

32.1 The Contractor shall furnish all labor, materials and equipment necessary to
complete all the works for the sanitary, drainage and water supply system. The
owner shall provide necessary drilling of water well and shall yield substantial
quantity/volume of water needed to have a functional water supply system to project
site either in rainy or dry seasons. The Owner shall likewise arrange/secure
consent/approval of tapping to existing water line if necessary or requested by
authorities concerned.

32.2 All works shall comply with the provisions of the Philippine National Plumbing Code,
MWSS regulations, DPWH guidelines and all other codes and ordinance other local
authorities having jurisdiction over the project.

32.3 “Roughing-in” for all pipes and fixtures shall be carried along with the building
construction. Correct location for the pipes shall be kept in the walls and floor as
specified on the plans.

TS-33 Materials

33.1 All materials must bear the trademarks as reference of the manufacturers. The
Contractor shall furnish the Engineer with the original and copies of the certificate of
origin of materials to be used.

33.2 Soil, waste, Vent Pipes and Fittings shall be made of Unplasticised Polyvinyl
Chloride (uPVC) - Series 1000 or whatever is indicated in the drawing and shall be
manufactured by “Neltex” or its approved equivalent on property certificated by
Bureau of Product Standard.

33.3 Water pipes shall be made of G.I Pipes and fittings shall be made of G.I or whatever
indicated in the drawings and shall be approved equal in property certificated by
Bureau of Product Standard.

33.4 Cleanouts shall be the same as pipe Ø, installed in connection with UPVC hubs and
spigot pipes consist of a long sweep quarter extended as indicated in the drawings.
An extra heavy cast brass ferrule with countersunk trap screw cover caulked into
hub of the fittings shall be flushed with the floors.

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33.5 Floor drains shall be stainless steel plated or approved equal, and locally
manufactured.

33.6 Gate valves shall be G.I or bronze solid wedge type with screwed ends, or its
equivalent as approved by the Engineer.

33.7 Plumbing fixtures and equipment shall be properly identified to illustrate the quality
and design of fixture that will be required. All fixtures shall have supply line with cut-
off valves having chromium finish and shall be as manufactured by Philippine
Standards as follows:

33.8 Water closet shall be of floor mounted tank type complete with all fittings. Color shall
be approved by the Architect/Engineer.

33.9 Stainless Steel Sink shall be used in all counters with sink as indicated in the
drawings. Lavatory shall be complete with necessary fittings.

33.10 Provide traps at every plumbing fixture and other equipment requiring connection to
the drainage system.

33.11 Adapters shall be used to join pipes, fittings of different types and sizes and different
combination approved by the Engineer.

TS-34 Methods of Construction

34.1 All work shall be done by skilled worker only under the supervision of a master
plumber. Contractor shall perform the work in accordance with good workmanlike
practice to the satisfaction and approval of the Engineer.
34.2 On completion of the sanitary, drainage and water supply system and plumbing
work and upon delivery of the building, the Contractor shall submit the “as-built”
drawings of the entire plumbing system layout as actually installed in the building for
future reference.

TS-35 Testing

35.1 Materials shall be subjected to such standard tests as may be required to ascertain
their fitness, and the complete plumbing system shall be tested with the presence of
the Engineer of the following methods.

35.2 The water test shall be applied to the plumbing system in its entirety or in sections. If
applied to the entire system, all openings in the piping system shall be tightly closed
except the highest opening and the entire system filled with water to the pint of
overflow. All dead ends shall be relieved of air during the process whether the test is
by section or it’s entirely. If the system is tested by sections, each opening of section
shall be filled with water.

TS-36 Disinfection

The entire water distribution system shall be thoroughly, flushed and disinfected
with a solution containing not less than fifty (50) part per million (50 ppm) of
available chloride. The chlorinating materials shall be either liquid chloride or
calcium hypo chloride or chloride lime. The disinfecting solution shall be allowed to
remain in the system for a period of sixteen (16) hours, during which all valves and
faucets shall be opened and closed several times. After disinfection, the solution
shall be flushed from the system with clean water until the residual chorine content
is not greater than 0.2 parts per million.

TS-37 Cleaning and Painting

All exposed metal surfaces shall be rid of grease dirt or other foreign materials.
Chrome or nickel-plated piping, fittings and trimmings shall be polished upon
completion. All equipment, pipes, valves and fittings shall be cleaned of greased
and sludge.

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a. Any damages to the building finish or furnishing due to the Contractor’s


failure to properly clean the piping system shall be repaired by the
Contractor at his expense.

b. All exterior surfaces of piping to be installed in or through concrete, tile floors


and underground shall be given one coat of acid-resisting paint with a
bituminous base.

c. After completion of all work the fixtures, fittings, accessories and other
materials shall be thoroughly cleaned and delivered in a good condition
satisfactory to the Engineer.

TS-38 Maintenance

The Contractor shall maintain and keep the works in good condition in accordance
with Specification. During the period of maintenance, the Contractor shall make
good all defects which may appear in the pipelines trench, and in the lots in which
the pipes are lined.

K. ELECTRICAL WORKS
TS-39 General

Scope of Works

39.1 The work include furnishing, delivery and installation of all materials, equipment and
labor, necessary for the complete execution of all the Electrical Work as shown on
the drawings. And make ready for operation the electrical distribution system and
other utilities described herein and/ or indicated in the electrical plan.

39.2 Codes, Permits, Taxes and Fees


a. The contractor at his account shall secure all permits and pay all taxes,
fees and other cost in connection with this work. He should likewise
file all necessary plans, prepare all documents and obtain all
necessary approval of all government authorities having jurisdiction
with this work, obtain the required certificate of inspection and all
required document for final connection of utilities of the building.

b. Work and materials shall conform to the provision of the latest


edition of the Philippine Electrical Code, the laws and ordinances of
the local code enforcing authorities and requirement of the building
specifications.

c. The requirement of the local power company or cooperative operating the


electrical power for distribution are considered part of this specifications,
should any change be made necessary to comply with their requirements,
the Contractor should notify the Engineer/ Architect concerned.

TS-40 Materials

40.1 All materials shall be new and of high quality which shall conform to this
specification and other applicable standards.

40.2 All electrical materials shall meet the requirements and shall bear inspection label
whenever standards have been established. Before any materials are ordered, the
Contractor shall submit to the Engineer for the approval, a complete list of
manufacture’s name, address, descriptive data, trade name of items, etc. which the
Contractor proposes to use or install.

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a. Conductors

a1. All wires shall be copper, soft drawn and annealed, and of ninety
eight (98) percent conductivity, they shall be smooth and true and of
cylindrical form and shall be within one (1) percent of the actual size
called for.

a2. Wires for lighting system shall be thermoplastic installed for 600 Volts unless
otherwise noted on the drawings or specified herein.

a3. All wires shall comply with the requirements of the Underwriter’s
Laboratories, the A.S.T.M. and the I.P.C.E.A. as they apply to the particular
usage.

a4. For lighting system no wire smaller than 2.0mm² THHN/ THWN type soft
drawn, annealed copper shall be used.

a5. The wires shall be plainly tagged or marked as to its size, kind, insulation
and trade name.

a6. Conductors shall be installed after the conduit system has been completed.

a7. Feeders, sub-feeders, branch circuits shall be properly tagged in all


pull boxes and wire gutters with code type marker.

a8. All conductors and connections shall be tested free from grounds, short
circuits or defective insulation.

a9. Joints and splices for branch circuit wires shall be soldered, for feeders it
shall be made with mechanical compression connector. After the connector
has been mechanically and electrically secured, the entire joints or splice
shall be taped with level equal to that of the conductor.

a10. For power system no wire smaller than 3.5mm² THHN shall be used except
grounding wire for equipment grounding.

a11. All equipment shall be properly grounded in accordance with the Philippine
Electrical Code requirements.

b. Wiring Devices

b1. Type of color of receptacles outlet plates shall be as selected by the


Engineer.

b2. Light control switches shall be rated 10A, 250V in modern plate, ivory face
plate cover.

b3. Wall convenience outlets shall be duplex, parallel slot, 15A, 250V in
modern plate, ivory face plate cover.

c. Panel Boards and Enclosed ACB’S (Air Circuit Breakers)

c1. Main distribution, lighting and power panel boards shall be dead front safety
type, equipped with molded-case circuit breakers of rating shown in the
drawing.

c2. Circuit breakers shall be molded case of frame, bolt-on type, trip rating and
interrupting capacity as shown in the drawing. The breaker shall be quick-
make, quick-break thermal magnetic and trip indicating.

c3. Cabinets/ enclosures shall be equipped with front door and have fully
concealed, self-aligning trim clamps. Fronts shall be full finished steel with
rust inhibiting primer and baked enamel finish.

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Health Facility Enhancement Program
Technical Specifications Page 21 of 23

d. Junction and Pull Boxes

d1. Junction and pull boxes, of code size and gauge steel, shall be provided
as indicated or as required for facilitating the pulling of wires and cables. Pull
boxes in finish places shall be located and Splices and taps in any system
shall be made only in junction boxes.

d2. Junction, utility, pull boxes and wire gutter shall be coated with zinc chromate
of rust protection.

e. Electrical Lighting Fixtures and Lamps

e1. All lighting fixtures shall be of industrial base, 2x36W Recessed Type Lumina
ire Lamp, 40 W Fluorescent Lamp, Box Type and 23 W Compact
Fluorescent Lamp.

f. Raceways

f1. Rigid non-metallic conduit (PVC) shall be used on all installations embedded
in concrete and concealed in wood ceilings or walls inside the building only.
Rigid non-metallic conduit may be buried directly in earth provided the depth
shall not be less than 457mm (18”).

f2. Bends in conduits shall be so made that the conduit won’t be injured and
that the internal diameter of the conduit will not be effectively reduced. A
complete run of conduit shall not contain more than the equivalent of four
quarter bends including those bends located immediately at the outlet of
fitting. Whenever necessary a pull box shall be provided as directed.

f3. No conduit shall be used in any system smaller than 20mm (1/2”) electrical
trade size.

f4. All conduits for underground electrical installations shall be rigid steel conduit
(RSC) encased in 100 x 100mm concrete.

f5. All electrical power line directly running or embedded underground encased
in concrete shall be marked and laid with tape 6” wide throughout its run on
top of its sand bedding prior to soil backfilling.

f6. All raceways shall be mandrel tested, cleaned and free from construction
rubbles by using air compressor prior to its cabling.

f7. All PVC raceways in stub-up provisions during rough-in stage shall be
properly tucked or crimp on both ends to ensure the rubbles would not enter.

f8. All exposed conduit should run parallel to or perpendicular to walls and
ground and shall be supported by clamps every 1.5m.

TS-41 Plans and Drawings

41.1 The location of outlets shown on diagrammatic wiring plans shall be considered as
approximate and it shall be responsibility of the Contractor, before installation of outlet
boxes, to study, verify and obtain precise information from all pertinent drawing, for
exact location of all outlets and wiring. If so directed by the Engineer, the Contractor
shall make any necessary adjustment of his work to fit conditions for recessed fixtures
and for outlets occurring in glazed tile, block, wood paneling or other finish material, in
order that all boxes may register flushed with finish. Local switches which are shown
near doors as shall be located at the strike side of the doors as finally hung, regardless
of swing shown on the drawings as maybe directed.

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Health Facility Enhancement Program
Technical Specifications Page 22 of 23

by the Engineer. It is the contractor’s responsibility to coordinate with all trades


concern for smoother implementation of the work.

41.2 All wiring and lighting fixtures shall be installed as specified and at location
shown on plans.

41.3 Mounting heights of devices shall be detailed as follows if not specified on the
drawing or as maybe directed by the Engineer.
a. Light Switches 1.40 m above finish floor
b. Convenience Outlet 0.30 m above finish floor
c. Panel Board 1.70 m above finish floor
TS-42 Testing

42.1 The entire installation shall be free from improper grounds and from short circuits.
These tests shall be made in the presence of the Engineer. Panel board shall be
tested with mains connected to the feeder, branches connected and switches closed,
all fixture in place and permanently connected, lamps removed or omitted from the
sockets and all wall switches closed. Each individual power feeder shall be tested
with the power equipment connected for proper and intended operation. In no case
shall the insulation resistance be less than that allowed by the Regulations for
Electrical Equipment of Buildings. Failure shall be connected in a manner satisfactory
to the Engineer.

42.2 It shall be the responsibility of the Contractor to test all system of the entire electrical
installation in the presence of the Engineer, for proper operational condition. This
condition shall apply to the power and lighting installation, where sequence operation
is required, the Contractor shall test for proper sequence and he shall leave the
entire electrical installation in satisfactory working condition.

TS-43 Guarantee

The Contractor shall guarantee that the electrical systems are free from improper
grounds and defective materials for a period of one (1) year from date of acceptance
of the work. Any defects, appearing within the aforesaid period shall be remedied by
the Contractor at his own expense.

TS-44 Workmanship, As-Built Plan, Equivalent/ Substitutes

44.1 The work throughout shall be executed in the best and most approved manner under
the direction and to the satisfaction of the Engineer, who will jointly interpret the
meaning of the drawings and specification and shall reject any work and materials
which, in his judgment, are not in full accordance therewith.

44.2 The Contractor shall have on file for ready access and reference, a set of drawing
indicating all work as actually installed incorporating in same all charges and
additions. Upon completion of the Contract, the Contractor shall prepare a set of
drawings indicated thereon the electrical work as actually and finally installed, these
drawings shall be turned over to the Engineer and marked “As-Built”.

44.3 When material or equipment are mentioned by make, it shall form the basis of the
contract and when approved by the Architect or Engineer in writing, substitute
material/ equipment maybe used. Approval of the substitute shall be contingent on its
meeting the specified requirements, both in the design and dimension. The
contractor shall furnish cost difference information in such substitution which in no
case shall add cost to the contract.

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Health Facility Enhancement Program
Technical Specifications Page 23 of 23

L. Painting WORKS
TS-45 General

Scope of Works

45.1 This Item shall consist of furnishing all paints, enamels, varnishes and other products
to be used including labor, tools and equipment required as shown on the Plans and
in accordance with this Specifications.

TS-46 Material Requirements

46.1 All paint materials shall meet the requirements of the Standard Specifications of the
Standardization Committee on supplies.

46.2 All paint materials shall be delivered on the hob-site in their original containers with
labels and seals unbroken.

46.3 Manufacture or brand of painting materials to be used shall be Davies, Boysen or


any equivalent approved by the designing Engineer.

TS-47 Construction Requirements

47.1 The Contractor prior to commencement of the work shall examine the surfaces to be
applied with paints, enamels, varnishes, lacquers, sanding sealers and other related
products in order not to jeopardize the quality and appearance of painting or finishing
work.

106
Technical Specifications
(to be included in the Technical Envelope No. 1)
Lot No. 1 :
CONSTRUCTION OF TWO STOREY SUPPLY
WAREHOUSE

QUANTITY : 1 lot

APPROVED BUDGET FOR THE :


Php 2,880,000.00
CONTRACT

BIDDER’S STATEMENT OF
AGENCY SPECIFICATIONS
COMPLIANCE

CONSTRUCTION OF TWO STOREY SUPPLY


WAREHOUSE

Conforms to the attached HFEP Technical


Specifications and Drawings
The Intended Completion Date is One hundred eighty (180)
calendar days.
The contractor shall be responsible for work and material
standard testing requirements.

I hereby certify that the statement of compliance to the foregoing technical specifications are
true and correct, otherwise, if found to be false either during bid evaluation or post-
qualification, the same shall give rise to automatic disqualification of our bid.

Name of Company Signature Over Printed Name of Date


Authorized Representative

Note:

Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specification. Statements of “Comply” or “Not
Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended
sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent t est data etc., as appropriate. A
statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable
for rejection. A statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid evaluation, post-
qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution.

107
Section VII. Drawings
(Please see separately compiled Drawings: A1, A2, A3,A4,A5, A6, A7,
S1, S2, S3, S4, S5, P1, P2, E1, E2, E3 and E4 )

108
Section VIII. Bill of Quantities

109
Republic of the Philippines
DEPARTMENT OF HEALTH
TREATMENT AND REHABILITATION CENTER - DULAG
Brgy. Highway, Dulag, Leyte

Name of Project: CONSTRUCTION OF TWO STOREY SUPPLY WAREHOUSE


Location: Treatment and Rehabilitation Center, Brgy. Highway,
Dulag, Leyte

BILL OF QUANTITIES

ITEM UNIT QUANTITY UNIT PRICE AMOUNT


DESCRIPTION
NO. ( Pesos ) ( Pesos )
I GENERAL REQUIREMENTS
1 Mobilization / Demobilization 1.00 lot
2 Project Signboard 5.76 sq.m.
3 Permits, Licenses and Material Testing 1.00 lot
II SITEWORKS
1 Excavation 45.90 cu.m.
2 Gravel Bedding 7.46 cu.m.
3 Backfill and Compaction 51.95 cu.m.
III MASONRY WORKS 245.56 sq. m.
IV REINFORCED CONCRETE WORKS 51.85 cu.m.
V FORMWORKS AND SCAFFOLDINGS 258.36 sq.m.
VI ROOFING AND ROOF FRAMING WORKS
1 Roof Framing 661.44 kg
2 Roofing System 50.54 sq. m.
VII CEILING WORKS 84.97 sq. m.
VIII DRY WALL PARTITION 5.10 sq. m.
IX DOORS AND WINDOWS 21.00 sets
X ARCHITECTURAL FINISHES
1 Tile Works 69.35 sq.m.
2 Steel Works 7.20 ln.m.
XI METAL WORKS 4.00 sets
XII CATCH BASIN 4.00 sets
XIII PLUMBING WORKS 6.00 fixtures
XIV PAINTING WORKS 489.48 sq.m.
XV ELECTRICAL WORKS
1 Electrical System 62.00 outlets
2 Speaker Sytem 4.00 outlets

110
3 Fire Detection and Alarm Systems 6.00 outlets
4 ACU System 1.00 outlet

Submitted by:

Name of AMO/ Authorized


Representative Date

Position Name of Construction Firm

111
Republic of the Philippines
DEPARTMENT OF HEALTH
TREATMENT AND REHABILITATION CENTER - DULAG
Brgy. Highway, Dulag, Leyte

Name of Project: Construction of Two Storey Supply Warehouse


Location: Treatment and Rehabilitation Center, Brgy. Highway, Dulag, Leyte

BILL OF MATERIALS

Ite
UNIT No. of
m DESCRIPTION QTY UNIT AMOUNT
PRICE Days
No.
I GENERAL REQUIREMENTS
1 Mobilization / Demobilization 1.00 lot
a. Labor
Foreman 1.00 man/day
Skilled 5.00 man/day
Laborer 5.00 man/day
Sub-total
Unit Cost
2 Project Signboard 5.76 sq.m.
a. Materials
Tarpaulin Printed (2.4m X 2.4m) 1.00 sheet
1/4"x4'x8' 2.00 sheet
2"x3"x12' Coco Lumber 50.00 bd.ft.
Common Wire Nails (Assorted) 1.00 kgs.
a. Labor
Foreman 1.00 man/day
Laborer 3.00 man/day
Sub-total
Unit Cost
3 Permits, Licenses and Material Testing 1.00 lot
a. Fees
Sub-total
Unit Cost
II SITEWORKS
1 Excavation 45.90 cu.m.
a. Labor
Foreman 1.00 man/day
Laborer 6.00 man/day
Sub-total
Unit Cost

112
2 Gravel Bedding 7.46 cu.m.
a. Materials
100mm thick Gravel Bedding 8.00 cu.m.
b. Labor
Foreman 1.00 man/day
Laborer 2.00 man/day
Sub-total
Unit Cost

3 Backfill and Compaction 51.95 cu.m.


a. Materials
Selected Burrow (15% Compaction Factor) 6.77 cu.m.
a. Labor
Foreman 1.00 man/day
Laborer 6.00 man/day
Sub-total
Unit Cost

III MASONRY WORKS 245.56 sq. m.


Area of Plastering 440.38 sq.m.
a. Materials
CHB 6" 3,150.00 pcs.
CHB 4" 50.00 pcs.
Decorative Stone w/ polyurethane finish 29.40 sq.m
Portland Cement Type 1 400.00 bags
Washed
31.00 cu.m.
Sand
10mmØ x
172.00 pcs.
6m RSB
G.I. Tie Wire, Ga.#16 10.00 kg.
b. Labor
Foreman 1.00 man/day
Mason 4.00 man/day
Operator 1.00 man/day
Laborer 6.00 man/day
c. Equipment
Concrete Bagger Mixer 1.00 unit
d. Fuel, Oil & Lubricant
Sub-total
Unit Cost

IV REINFORCED CONCRETE WORKS 51.85 cu.m.


Column Footing 12.42 cu.m.
Column 8.38 cu.m.
Grade Beam/Beam/Roof Beam/Lintel Beam 13.50 cu.m.
Concrete Stairs 2.39 cu.m.

113
Concrete Gutter/Concrete Moulding 5.43 cu.m.
Slab/Slab on fill/Slab/Ramp 8.85 cu.m.
Wall Footing 0.88 cu.m.
a. Materials
Portland Cement Type 1 486.00 bags
Washed
27.00 cu.m.
Sand
Gravel 55.00 cu.m.
20mmØ x
242.00 pcs
6m RSB
16mmØ x
148.00 pcs
6m RSB
12mmØ x
138.00 pcs
6m RSB
10mmØ x
735.00 pcs.
6m RSB
G.I. Tie Wire, Ga.#16 127.00 kg.
b. Labor
Foreman 1.00 man/day
Mason 4.00 man/day
Operator 1.00 man/day
Steelman 4.00 man/day
Laborer 12.00 man/day
c. Equipment
Concrete Bagger Mixer 1.00 unit
Concrete Vibrator 1.00 unit
d. Fuel, Oil & Lubricant
Sub-total
Unit cost

V FORMWORKS AND SCAFFOLDINGS 258.36 sq.m.


a. Materials
1/2"X4'X8' Ordinary Plywood( 2 uses) 50.00 sht.
2"x3"x10' Coco Lumber 2,000.00 bd.ft.
Common Wire Nails (assorted sizes) 20.00 kg.
b.Labor
Foreman 1.00 man/day
Carpenter 2.00 man/day
Laborer 4.00 man/day
Sub -total
Unit cost

VI ROOFING AND ROOF FRAMING WORKS


1 Roof Framing 661.44 kg
a. Materials
Top & Bottom Chord & Web Members:
2" x 2" x 1/4" Angle Bar 16.00 pcs
12mm Ø Turn Buckle 8.00 pcs
12mm Ø x 6m Plain Round Bar (Sag Rod) 12.00 pcs

114
3/16" Thck Gusset Plate 1.00 sht
10mm Thck Base Plate 1.00 sht
16mm x 250mm Ø J-Bolt (A307) w/ 2 pcs nuts
40.00 pcs
and washer
Purlins & Cleats:
100mm x 50mm x 2mm thick C-Purlins 16.00 pcs
2" x 2" x 1/4" Angle Bar (Cleats) 2.00 pcs
Welding Rod 20.00 kg
b. Labor
Foreman 1.00 man/day
Welder 1.00 man/day
Laborer 4.00 man/day
c. Electric Consumption
Sub -total
Unit cost

2 Roofing System 50.54 sq. m.


a. Materials
GA # 24 Corr. G.I Roofing (12ft) 21.00 pcs
GA # 24 G.I. Plain Sheet 4"X8" 2.00 sht
Texscrew 3.00 box
Blind Rivets 1.00 box
Silicon
6.00 tube
Sealant
Al Around Elastomeric Sealant 1.00 gal
b. Labor
Foreman 1.00 man/day
Installer/Tinsmith 2.00 man/day
Laborer 4.00 man/day
Sub -total
Unit cost

VII CEILING WORKS 84.97 sq. m.


a. Materials
Fiber Cement Board 4.5mm 26.00 sht.
Double Metal Furring (5m) 5.00 pcs
Carrying Channel (5m) 3.00 pcs
Wall Angle
14.00 pcs
(2.4m)
Main Tee
36.00 pcs
(12ft)
Cross Tee
138.00 pcs
(2ft)
Wall Angle
27.00 pcs
(12ft)
Aluminum Heat Insulator (1.22m x 60m) 1.00 roll
Ficem Screw
500.00 pcs
1"
Blind Rivets 1/8" x 1/2" 3.00 box
Concrete Nail 1 1/2" 3.00 kg.

115
b. Labor
Foreman 1.00 man/day
Installer 2.00 man/day
Laborer 4.00 man/day
Sub -total
Unit cost

VIII DRY WALL PARTITION 5.10 sq. m.


a. Materials
Fiber Cement Board 6mm 4.00 sht.
5mm x 102mm x 3m Metal Studs 4.00 pcs
5mm x 102mm x 3m Metal Tracks 4.00 pcs
Ficem Screw
200.00 pcs
1"
Metal Screw
100.00 pcs
1"
Plastic Tox with Screw # 8 100.00 pcs
b. Labor
Foreman 1.00 man/day
Installer 1.00 man/day
Laborer 2.00 man/day
Sub -total
Unit cost

IX DOORS AND WINDOWS 21.00 sets


a. Materials 11,000.00
DOORS 4.00 sets
D1, Powder Coated Aluminum Door (1.80m x 2.10m)
Material: 6mm thick Clear Glass on Powder Coated
Aluminum Frame, with Door Closer, Door Handle, Door
1.00 sets
Jamb, Pivot Hinges, Dead Bolt, Flush Bolt and Lockset
in Powder Coated Finish
D2, Solid Wood Panel Door (.90m x 2.10m)
Material: Solid Wood Panel on 50mm x 150mm Solid
Wood Jamb, with Heavy Duty Lever Type Lockset, Dead 1.00 sets
Bolt and Flush Bolt, S/S Hinges in Duco Finish
D3, Solid Wood Panel Door (.90m x 2.10m)
Material: Solid Wood Panel on 50mm x 150mm Solid
Wood Jamb, with Heavy Duty Lever Type Lockset, Dead
1.00 sets
Bolt, Flush Bolt, S/S Hinges and 6mm thick viewing
glass in Duco Finish
D4, Powder Coated Aluminum Door (.70m x 2.10m)
Material: GA # 24 100mm C - Type Galvalume Shutters
with Hood, Locks, Curtains, Ventilation and other
accessories in QDE finish.
WINDOWS 17.00 sets sets
W1, Powder Coated Awning Window (.60m x 1.40m)
Materials: 6mm thick Bronze Glass on Powder Coated
Aluminum Frame, Awning Glass Window with Insect 12.00 sets
Screen (Awning Window Mechanism with Lock)

116
W2, Powder Coated Sliding Window (1.50m x .80m)
Materials: 6mm thick Bronze Glass on Powder Coated
Aluminum Frame, Sliding Glass Window with Insect 1.00 sets
Screen (Sliding Window Mechanism with Lock)
W3, Powder Coated Awning Window (1.60m x 2.00m)
Materials: 6mm thick Bronze Glass on Powder Coated
Aluminum Frame, Awning Glass Window with Insect 1.00 sets
Screen (Awning Window Mechanism with Lock)
W4, Powder Coated Fixed Window (1.60m x 2.00m)
Materials: 6mm thick Bronze Glass on Powder Coated
Aluminum Frame, Fixed Glass Window (Awning 2.00 sets
Window Mechanism with Lock)
W5, Powder Coated Awning Window (1.60m x 1.60m)
Materials: 6mm thick Bronze Glass on Powder Coated
Aluminum Frame, Fixed Glass Window with Insect 1.00 sets
Screen (Awning Window Mechanism with Lock)
b. Labor
Foreman 1.00 man/day
Installer/Carpenter 2.00 man/day
Laborer 2.00 man/day

X ARCHITECTURAL FINISHES
1 Tile Works 69.35 sq.m.
a. Materials
600mm x 600mm Homogeneous Granite Tiles 35.00 pcs
600mm x 600mm Polished Synthetic Granite
115.00 pcs
Tiles
300mm x 300mm Homogeneous Granite Tiles 20.00 pcs
300mm x 300mm Unglazed Ceramic Floor Tile
163.00 pcs
(Stairs)
Brass Nosing (10ft) 10.00 length
Tile Grout (2kg/pack) 18.00 bag
Tile Adhesive 8.00 bag
Cement 6.00 bag
Fine Sand 3.00 cu.m.
b. Labor
Foreman 1.00 man/day
Installer 2.00 man/day
Laborer 4.00 man/day

2 Steel Works 7.20 ln.m.


a. Materials
2" x 2" x 20' x 1.5mm Steel Tubular 2.00 pcs
Railings & Handrails (Stairs)
1 1/2" x 20' x 1/4" Flat Bar 2.00 pcs
2" x 6" x 20' Treated Good Lumber 24.00 bd.ft.
16mm Square Bar 4.00 pcs
Welding Rod 5.00 kgs

117
b. Labor
Foreman 1.00 man/day
Welder 1.00 man/day
Installer/Carpenter 2.00 man/day
Laborer 3.00 man/day
c. Electric Consumption
Sub -total
Unit cost

XI METAL WORKS 4.00 sets


a. Materials
SR1, Steel Rack 4.00 sets
2" x 2" x 1.50mm Steel Tubular 32.00 pcs
19mm thk Marine Plywood 12.00 pcs
Metal Screw 1 1/4" 400.00 pcs
Welding Rod 8.00 kgs
b. Labor
Foreman 1.00 man/day
Welder 1.00 man/day
Laborer 2.00 man/day
c. Electric Consumption
Sub-total
Unit cost

XII CATCH BASIN 4.00 sets


a. Materials
Portland Cement Type 1 5.00 bags
Washed Sand 1.00 cu.m.
6"Thk. CHB 24.00 pc.
10mmǾ x 6.0m. Def. RSB 6.00 pc.
16mm Lifting Handle 4.00 pc.
1/4"x 4'x 8' Ordinary Plywood 1.00 pc.
4-2"x 2"x 12' Coco Lumber (Forms) 16.00 bd.ft.
Common Wire Nails (assorted sizes) 2.00 kg.
#16 G.I. Tie Wire 1.00 kg.
b. Labor
Foreman 1.00 man/day
Mason 1.00 man/day
Laborer 2.00 man/day
Sub-total
Unit cost

XIII PLUMBING WORKS 6.00 fixtures


a. Materials
Sanitary Pipes & Fittings: (1000s)

4"Ø Pvc Pipe 14.00 pcs


6"Ø Pvc Pipe 6.00 pcs

118
4"Ø 90° Pvc Elbow
18.00 pcs
Solvent Cement 200cc
1.00 can
4" x 4" Ø S/S Strainer
4.00 pcs
b. Labor
Foreman 1.00 man/day
Plumber 1.00 man/day
Laborer 2.00 man/day
Sub-total
Unit cost

XIV PAINTING WORKS 489.48 sq.m.


a. Materials
Concrete Neutralizer 4.00 gals.
Roof Paint 3.00 gals.
Odorless and Antibacterial Acrylic Paint 19.00 gals.
Dirt Resisting Latex Paint 19.00 gals.
Flat Wall Enamel 4.00 gals.
QDE Paint 4.00 gals.
Red Oxide Surface Primer 6.00 gals.
Latex Colors 3.00 pint
Tinting Colors 3.00 pint
Masonry Putty 5.00 gals.
Body Filler w Hardener 5.00 gals.
Paint Roller Big w/ Handle 4.00 pc.
Baby Roller 4.00 pc.
Paint Brush 3" 6.00 pc.
Paint Brush 1 1/2" 4.00 pc
Paint Thinner 5.00 bottles
Sand Paper 50.00 pc.
b. Labor
Foreman 1.00 man/day
Painter 2.00 man/day
Laborer 4.00 man/day
Sub-total
Unit cost

XV ELECTRICAL WORKS
1 Electrical System 62.00 outlets
Interior Rough-ins, Fixtures & Accessories
a. Materials
Pipes & Fittings:
PVC Conduit Pipe, 65mmǾ 2.0 length
PVC Conduit Pipe, 20mmǾ
45.0 length
PVC Conduit Pipe, 25mmǾ
12.0 length
PVC ELBOW 90° 25mmǾ 5.0 pcs

119
PVC ELBOW 90° 20mmǾ
30.0 pcs
2"x4" Utility Box 28.0 pcs
6"x6" Pull Box 3.0 pc
Octagonal Junction Box w/ Cover 50.0 pcs
Solvent Cement 5.0 can
Panel Board, NEMA 1, 10 branches, Bolt-on
type, Center Top main, 1-phase, Industrial
type, MCCB, 2P, 25KAIC, 230V, 60Hz (or
Equivalent) 2.0 unit
Bolt On Industrial Type, Circuit Breaker
15AT, 2P 4.0 pcs
20AT, 2P 6.0 pcs
30AT, 2P 3.0 pcs
60AT/100AT, 2P, Bolt on type, main, 240VAC,
25KAIC 4.0 pcs
Wires:
14.0mm² THHN Stranded Wire 1 roll
5.5mm² THHN Stranded Wire
50.0 m
3.5mm² THHN Stranded Wire
2.0 box
Accessories:
1- Gang Switch w/ Plate Cover 3.0 sets
2- Gang Switch w/ Plate Cover 5.0 sets
3-Way Switch w/ Plate Cover 2.0 sets
3-Way Switch, 2-Gang w/ Plate Cover 2.0 sets
1 Gang Convenience Outlet 4.0 set
Duplex Convenience Outlet Grounding Type 13.0 sets
Special Outlet for ACU 2.0 sets
Emergency Lights, Rechargeable Twinhead,
220V, 60Hz, 1 Head (12 X 0.06 W LED), 2
Heads (24 X 0.06 W LED), 6V, 4.5Ah,Sealed
11.0 sets
Lead Acid Battery, Duration time: 32 Hrs. = 1
Head, Duration time: 17 Hrs. = 2 Heads,
Equipped with Overcharging protection
LED Panel, 120X30, 40 Watts 16.0 sets
6" dia. Pinlight with 15W LED, Daylight, E27,
13.0 sets
Surfaced type
6" dia. Pinlight with 15W LED, Daylight, E27,
4.0 sets
Recessed type
Exit Lights, 4 LED EXIT LIGHT, Milled
Aluminum Type, Double side face, 1.2V, 2.0 sets
600mAh, Rechargeable Ni-Cd Battery
Exhaust Fan, 24" Wall hanging, with front grill 2.0 units
Orbit Fan, 18" 5.0 units
Electrical Tape, (Big) 15.0 rolls
b. Labor
Electrical Engineer 1.00 man-day
Electrician 2.00 man-day
Helper 2.00 man-day

120
Sub-total
Unit cost
2 Speaker Sytem 4.00 outlets
Interior Rough-ins, Fixtures & Accessories
a. Materials
Pipes & Fittings:
PVC Conduit Pipe, 20mmǾ
35.0 length
PVC ELBOW 90° 20mmǾ
6.0 pcs
2"x4" Utility Box 5.0 pcs
Octagonal Junction Box w/ Cover 4.0 pcs
Solvent Cement 1.0 can
Wires:
Speaker Wire No. 16 (Red and
75 m
Black)
Accessories:
Speaker with bracket 4 sets
Electrical Tape, (Big) 2.0 rolls
b. Labor
Electrical Engineer 1.00 man-day
Electrician 1.00 man-day
Helper 1.00 man-day
Sub-total
Unit cost
3 Fire Detection and Alarm Systems 6.00 outlets
Interior Rough-ins, Fixtures & Accessories
a. Materials
Pipes & Fittings:
PVC Conduit Pipe, 20mmǾ
20.00 length
PVC ELBOW 90° 20mmǾ
4.00 pcs
2"x4" Utility Box 6.00 pcs
Octagonal
Junction Box w/
Cover 4.00 pcs
Solvent Cement 1.00 can
Wires:
1.25mm2 TF Twisted Pair Shielded
50.00 M
Cable
Accessories:
Annunciator
Panels 1.00 set
Fire Alarm Bell Set System 1.00 set
Smoke and Heat Detector 220VAC
6.00 set
with 9VDC Battery Back-Up
Electrical Tape, (Big) 2.00 rolls
b. Labor
Electrical Engineer 1.00 man-day
Electrician 1.00 man-day

121
Helper 2.00 man-day
Sub-total
Unit cost
4 ACU System 1.00 outlet
a. Materials
1.5HP Window Type 1.00 set
b. Labor
Electrical Engineer 1.00 man-day
Electrician 1.00 man-day
Helper 1.00 man-day
Sub-total
Unit cost

T OTAL

TOTAL DIRECT COST


1.) Materials
A. 2.) Labor
3.) Equipment
4.) Fuel, Oil &
Lubricant
TOTAL INDIRECT COST
1.) OCM
B. 2.) Profit
3.) VAT
TOTAL ESTIMATED PROJECT COST
Submitted by:

Name of AMO/ Authorized Representative Date

Position Name of Construction Firm

122
Section IX. Bidding Forms

TABLE OF CONTENTS
Bid Form (Annex "A") ............................................................................. 124
Form of Contract Agreement (Annex "B") ........................................... 126
Omnibus Sworn Statement (Annex "C") ............................................... 128
Bid-Securing Declaration (Annex "D") .................................................. 132
List Of Key Personnel Proposed To Be Assigned To The Contract
(Annex "E") ............................................................................................... 134
List Of Equipment, Owned Or Leased And/Or Under Purchase
Agreement, Pledged To The Proposed Contract (Annex "F") ............ 135
Statement Of Single Largest Completed Contract Similar To The
Contract To Be Bid (Annex "G") ............................................................ 136
Statement Of All Ongoing Government & Private Construction
Contracts Including Contracts Awarded But Not Yet Started
(Annex "H") .............................................................................................. 137
Affidavit Of Site Inspection (Annex "I")................................................ 138
Statement Of Availability Of Key Personnel And Equipment
(Annex "J”) ................................................................................................ 139
Joint Venture Agreement (Annex "K").................................................. 140
Supplier’s Letterhead (Annex "L") ........................................................ 145
Form of Performance Security (Bank Guarantee) (Annex "M") ........ 146
CURRICULUM VITAE (Annex "N") ................................................... 147

123
“Annex A”

Bid Form

Date: _______________________
Invitation to Bid No: PB 19-137-2

To: PROCUREMENT SERVICE


Bids and Awards Committee II
2nd Floor, PS Complex, RR Road
Cristobal St., Paco, Manila

We, the undersigned, declare that:

(a) We have examined and have no reservation to the Bidding Documents, including
Addenda, for the Contract Construction of Two Storey Supply Warehouse.

(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;

Qty Item / Description Total Price

CONSTRUCTION OF TWO STOREY


1 Lot SUPPLY WAREHOUSE FOR DOH-TRC P

Total Lot Bid Price: P

TOTAL LOT BID PRICE IN WORDS:

(c) Our Bid shall be valid for a period of [insert number] days from the date fixed for the
Bid submission deadline in accordance with the Bidding Documents, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period;

(d) If our Bid is accepted, we commit to obtain a Performance Security in the amount of
[insert percentage amount] 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: [insert information];

(f) We are not participating, as Bidders, in more than one Bid in this bidding process, other
than alternative offers in accordance with the Bidding Documents;

124
(g) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any
part of the Contract, has not been declared ineligible by the Funding Source;

(h) We understand that this Bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
Contract is prepared and executed; and

(i) We understand that you are not bound to accept the Lowest Calculated Bid or any other
Bid that you may receive.

(j) We likewise certify/confirm that the undersigned, is the duly authorized representative of
the bidder, and granted full power and authority to do, execute and perform any and all
acts necessary to participate, submit the bid, and to sign and execute the ensuing contract
for the [Name of Project] of the [Name of the Procuring Entity].

(k) We acknowledge that failure to sign each and every page of this Bid Form, including the
Bill of Quantities, shall be a ground for the rejection of our bid.

Name:
In the capacity of:
Signed:
Duly authorized to sign the Bid for and on behalf of:
Date: ___________

125
“Annex B”

Form of Contract Agreement

THIS AGREEMENT, made this [insert date] day of [insert month], [insert year]
between Procurement Service RR Road, Cristobal Street, Paco, Manila (hereinafter called
the“Entity”) and [name and address of Contractor] (hereinafter called the “Contractor”).

WHEREAS, the Entity is desirous that the Contractor execute [name and
identification number of contract] (hereinafter called “the Works”) and the Entity has
accepted the Bid for [insert the amount in specified currency in numbers and words] by the
Contractor for the execution and completion of such Works and the remedying of any defects
therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

(a) General and Special Conditions of Contract;


(b) Drawings/Plans;
(c) Specifications;
(d) Invitation to Bid;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Addenda and/or Supplemental/Bid Bulletins, if any;
(h) Bid form, including all the documents/statements contained in the
Bidder’s bidding envelopes, as annexes, and all other documents
submitted (e.g., Bidder’s response to request for clarifications on the
bid), including corrections to the bid, if any, resulting from the
Procuring Entity’s bid evaluation;
(i) Eligibility requirements, documents and/or statements;
(j) Performance Security;
(k) Notice of Award of Contract and the Bidder’s conforme thereto;
(l) Other contract documents that may be required by existing laws and/or
the Entity.

3. In consideration of the payments to be made by the Entity to the Contractor as


hereinafter mentioned, the Contractor hereby covenants with the Entity to
execute and complete the Works and remedy any defects therein in conformity
with the provisions of this Contract in all respects.

126
4. The Entity hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects wherein,
the Contract Price or such other sum as may become payable under the
provisions of this Contract at the times and in the manner prescribed by this
Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed
the day and year first before written.

Signed, sealed, delivered by the (for the Entity)

Signed, sealed, delivered by the (for the Contractor).

Binding Signature of Procuring Entity

________________________________________________

Binding Signature of Contractor

_____________________________________________

[Addendum showing the corrections, if any, made during the Bid evaluation should be
attached with this agreement]

127
“Annex C”

Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )


CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address
of Affiant], after having been duly sworn in accordance with law, do hereby depose and state
that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of


[Name of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized


and designated representative of [Name of Bidder] with office address at [address of
Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor or authorized representative


of [Name of Bidder], I have full power and authority to do, execute and perform any
and all acts necessary to participate, submit the bid, and to sign and execute the
ensuing contract for [Name of the Project] of the [Name of the Procuring Entity]
[insert “as shown in the attached duly notarized Special Power of Attorney” for the
authorized representative];

If a partnership, corporation, cooperative, or joint venture: I am granted full power


and authority to do, execute and perform any and all acts necessary to participate,
submit the bid, and to sign and execute the ensuing contractfor [Name of the Project]
of the [Name of the Procuring Entity], accompanied by the duly notarized Special
Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate,
whichever is applicable;

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of


the Philippines or any of its agencies, offices, corporations, or Local Government
Units, foreign government/foreign or international financing institution whose
blacklisting rules have been recognized by the Government Procurement Policy
Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an


authentic copy of the original, complete, and all statements and information provided
therein are true and correct;

128
5. [Name of Bidder]is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;
6. Select one, delete the rest:
If a sole proprietorship:The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project Management Office
or the end-user unit, and the project consultants by consanguinity or affinity up to the
third civil degree;
If a partnership or cooperative: None of the officers and members of [Name of
Bidder] is related to the Head of the Procuring Entity, members of the Bids and
Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat,
the head of the Project Management Office or the end-user unit, and the project
consultants by consanguinity or affinity up to the third civil degree;
If a corporation or joint venture: None of the officers, directors, and controlling
stockholders of [Name of Bidder] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group,
and the BAC Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the third civil
degree;
7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a


Bidder:

a) Carefully examine all of the Bidding Documents;


b) Acknowledge all conditions, local or otherwise, affecting the implementation of
the Contract;
c) Made an estimate of the facilities available and needed for the contract to be bid,
if any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the
Project].
9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to any person or official,
personnel or representative of the government in relation to any procurement project
or activity.

10. [Name of Bidder] hereby assigns the following contact number/s and e-mail
address/es as the official telephone/fax number and contact reference of the company
where the PS BAC and PS notices may be transmitted.

Telephone No/s.: ________________________________


Fax No/s.: ________________________________
E-mail Add/s.: ________________________________
Mobile No.: ________________________________

129
It is understood that notices/s transmitted in any of the above-stated telephone/fax
numbers and/or e-mail address/es are deemed received as of its transmittal and the
reckoning period for the reglementary periods stated in the bidding documents and the
revised Implementing Rules and Regulations of Republic Act No. 9184 shall
commence from receipt thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.
_____________________________________
Bidder’s Representative/Authorized Signatory

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of
execution], Philippines. Affiant/s exhibited to me his/her [insert type of government
identification card used*], with his/her photograph and signature appearing thereon, with
no. ________ issued on _____ at ________.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC


Serial No. of Commission _______________
Notary Public for _______ until __________
Roll of Attorneys No. __________________
PTR No. ______ [date issued], [place issued]
IBP No. ______ [date issued], [place issued]

Doc. No. _____


Page No. _____
Book No. _____
Series of. _____

Note:
“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of
identity” refers to the identification of an individual based on:

At least one current identification document issued by an official agency bearing the
photograph and signature of the individual, such as but not limited to, passport,
driver’s license, Professional Regulations Commission ID, National Bureau of

130
Investigation clearance, police clearance, postal ID, voter’s ID, Barangay
certification, Government Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers
Welfare Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of
registration/immigrant certificate of registration, government office ID, certification
from the National Council for the Welfare of Disabled Persons (NCWDP),
Department of Social Welfare and Development (DSWD) certification;

The Board Resolution or Secretary’s Certificate referring to the said Board Resolution
designating the bidder’s authorized representative and signatory need not specifically indicate
the particular project where such authority is given provided that the said authority covers
activities by PS.

131
“Annex D”

Bid-Securing Declaration
(REPUBLIC OF THE PHILIPPINES)
CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

Invitation to Bid: Public Bidding No. 19-137-2

CONSTRUCTION OF TWO STOREY SUPPLY WAREHOUSE FOR THE


DEPARTMENT OF HEALTH-TREATMENT AND REHABILITATION CENTER
(DOH-TRC)- DULAG, LEYTE

To: PROCUREMENT SERVICE


Bids and Awards Committee II
2nd Floor, PS Complex, RR Road
Cristobal St., Paco, Manila

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract
with any procuring entity for a period of two (2) years upon receipt of your Blacklisting
Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the
Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from receipt
of written demand by the procuring entity for the commission of acts resulting to the
enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1,
except 69.1 (f), of the IRR of RA 9184; without prejudice to other legal action the
government may undertake.

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the
following circumstances:

a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to
such effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we
filed a waiver to avail of said right;
c. I am/we are declared as the bidder with the Lowest Calculated Responsive Bid, and
I/we have furnished the performance security and signed the Contract.

132
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]


[Insert signatory’s legal capacity]

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of
execution], Philippines. Affiant/s exhibited to me his/her [insert type of government
identification card used*], with his/her photograph and signature appearing thereon, with
no. ________ issued on _____ at ________.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC


Serial No. of Commission _______________
Notary Public for ______ until ___________
Roll of Attorney's No. ___________________
PTR No. _______ [date issued], [place issued]
IBP No. _______ [date issued], [place issued]

Doc. No. ______


Page No. ______
Book No. _____
Series of _____.

*The identification card shall be at least one of those acceptable proofs of identity as
identified under the provisions of the 2004 Rules on Notarial Practice.

“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of


identity” refers to the identification of an individual based on:

At least one current identification document issued by an official agency bearing the
photograph and signature of the individual, such as but not limited to, passport,
driver’s license, Professional Regulations Commission ID, National Bureau of
Investigation clearance, police clearance, postal ID, voter’s ID, Barangay
certification, Government Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers
Welfare Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of
registration/immigrant certificate of registration, government office ID, certification
from the National Council for the Welfare of Disabled Persons (NCWDP),
Department of Social Welfare and Development (DSWD) certification;

133
List Of Key Personnel Proposed To Be Assigned To The Contract “Annex E”
Business Name : __________________________________________________
Business Address : __________________________________________________

Project Engineer (RCE) Electrical Engineer (REE) Construction Foreman


1. Name
2. Address
3. Date of Birth
4. Employed Since
5. Relevant
Experience(Description
and Number of Years)

6. Previous Employment
7. Education
8. PRC License/
Accreditation from
DOLE-OHSC (for the
Health and Safety
Officer)
9. Cost of Biggest Project
Handled

10. Years of Experience in


Proposed Position

Note: This List must be supported by individual resumes of all personnel and photocopy of PRC Licenses of the Engineers.

Submitted by : ______________________________________________
(Printed Name & Signature of Authorized Representative)
Designation : __________________________________
Date : ____________________

134
“ANNEX F”

List Of Equipment, Owned Or Leased And/Or Under Purchase Agreement, Pledged To The Proposed Contract

Business Name : __________________________________________________


Business Address : __________________________________________________

Proof of
Motor No./
Description Model/Year Capacity/Performance/Size Plate No. Location Condition Ownership/
Body No.
Lessor/Vendor
A. Owned
i.
ii.
iii.
iv.
v.

B. Leased
i.
ii.
iii.
iv.
v.

C. Under Purchase
Agreement
i.
ii.
iii.
iv.
v.

Note: This List must be supported by proof of ownership, lease and/or purchase agreement. For lease and purchase agreement, proof of
ownership from the lessor or certification of availability of equipment from the vendor for the duration of the project.

Submitted by : ______________________________________________
(Printed Name & Signature of Authorized Representative)

135
Designation : __________________________________ Date : ____________________

“Annex G”
Statement Of Single Largest Completed Contract Similar To The Contract To Be Bid
(For this purpose, similar contracts shall refer to General Building Construction with a contract amount of at least One Million Four Hundred Forty Thousand Pesos
(Php1,440,000.00)).

Business Name : __________________________________________________


Business Address : __________________________________________________

a. Owner Name Contractor’s Role a. Amount at Award


a. Date Awarded
Name of Contract b. Address Nature of Work b. Amount at Completion
Description % b. Date Completed
c. Telephone Nos.
Government

Private

Note: This statement shall be supported by:

1. Any of the following (Notice of Award/ Contract /Notice to Proceed); and


2. Project Owner’s Certificate of Final Acceptance issued by the Owner other than the Contractor or
the Constructors Performance Evaluation System (CPES) Final Rating (minimum Satisfactory Rating).

Submitted by : ______________________________________________
(Printed Name & Signature of Authorized Representative)
Designation : __________________________________
Date : ____________________

136
“Annex H”

Statement Of All Ongoing Government & Private Construction Contracts Including Contracts Awarded But Not Yet Started

Business Name : __________________________________________________


Business Address : __________________________________________________

Contractor’sa. Date Awarded % of


Name of a. Owner Name Value of
Nature of Role b. Date Started Accomplishment
Contract/Location b. Address Outstanding
Work c. Date of
Project Cost c. Telephone Nos. Description % Planned Actual Works
Completion
Government

Private

Total Cost:
Note: This statement shall be supported by:

1. State all ongoing contracts including those awarded but not yet started (government and private contracts which may be similar or not similar to the project called for
bidding) as of:
The day before the deadline of submission of bids.

2. If there is no ongoing contract including awarded but not yet started as of the aforementioned period, state none or equivalent term.

Submitted by : ______________________________________________
(Printed Name & Signature of Authorized Representative)
Designation : __________________________________
Date : ____________________

137
(REPUBLIC OF THE PHILIPPINES) “ANNEX I”
CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

Affidavit Of Site Inspection

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant],
after having been duly sworn in accordance with law, do hereby depose and state that:

1. That I am the [Position of the Authorized Representative] of the [Name of Bidder] with office at
[Address of the Bidder]

2. That I have inspected the site for [Name of Contract/Project]. Located at [Location of the
Contract/Project] on [Date of Inspection].

3. That I am making this statement as part of the requirement for the Technical Proposal of the
[Name of Bidder] for the [Name of Contract/Project] of the Procurement Service (PS).

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________,
Philippines.

_____________________________________
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of execution],
Philippines. Affiant/s exhibited to me his/her [insert type of government identification card used*],
with his/her photograph and signature appearing thereon, with no. ________ issued on _____ at
________.

_______________________
(Notary Public)

Until
PTR No.
Date
Place
TIN
IBP

Doc. No. ;
Page No. ;
Book No. ;
Series of 20__.

138
Statement Of Availability Of Key Personnel And Equipment “Annex J”

[Date of Issuance]

Procurement Service- Department of Budget and Management


RR Road, Cristobal Street
Paco, Manila

Attention: The Chairperson


PS Bids and Awards Committee II

Dear _________________:

In compliance with the requirements of the DBM-PS Bids and Awards Committee for the bidding
of the [Name of the Project] (“the Project”), we certify that [Name of the Bidder] has in its employ
key personnel, such as Registered Civil Engineer, Registered Electrical Engineer and
Construction Foreman who will be engaged for the construction of the said Project.

Further, we likewise certify the availability of equipment that [Name of the Bidder] owns, has under
lease, and/or has under purchase agreement that may be used for the Project.

Very truly yours,

[Name of Authorized Representative]


[Position]
[Name of Bidder]

139
ANNEX “K”

Joint Venture Agreement

KNOW ALL MEN BY THESE PRESENTS:

This JOINT VENTURE AGREEMENT (hereinafter referred to as the “Agreement”), entered into

this _______ day of _________ 20__ at __________ City, Philippines by and among:

__________________________. a domestic corporation duly organized, registered and existing

under and by virtue of the laws of the Republic of the Philippines, with office address at

__________________________, represented by its _____________, _______________, hereinafter

referred to as “____________”;

- and -

________________________________. a domestic corporation duly organized, registered and

existing under and by virtue of the laws of the Republic of the Philippines, with office address at

__________________________________________, represented by its ________________,

____________________, hereinafter referred to as “_______________”;

- and -

_____________________________________________________ a foreign corporation organized

and existing under and by virtue of the laws of __________________, represented by its

________________, ____________________, hereinafter referred to as “_______________”;

140
(Henceforth collectively referred to as the “Parties”

WITNESSETH: That

WHEREAS, the Procurement Service (PS) has recently published an Invitation to Apply for
Eligibility and to Bid for the Supply and Delivery of ___________________ for the
___________________ ;

WHEREAS, the parties have agreed to pool their resources together to form the
“_________________ Joint Venture”, hereinafter referred to as the Joint Venture, under the
laws of the Philippines, for the purpose of participating in the abovementioned procurement of
PS-DBM;

NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants
hereto set forth, the Parties have agreed as follows:

ARTICLE I
ORGANIZATION OF THE JOINT VENTURE

SECTION 1. Formation – The Parties do hereby agree and bind themselves to establish, form and
organize a Joint Venture pursuant to the laws of the Republic of the Philippines, in order for the JV
to carry on the purposes and objectives for which it is created;

SECTION 2. Name – The name and style under which the JV shall be conducted is
“_________________”;

SECTION 3. Principal Place of Business – The JV shall maintain its principal place of business at
___________________________________________________________ ;

SECTION 4. Preparation and Documentation – The Parties shall secure and/or execute such
certifications, documents, deeds and instruments as may be required by the laws of the Republic of
the Philippines for the realization of the JV and in compliance with the Project. Further, they shall
do all other acts and things requisite for the continuation of the JV pursuant to applicable laws;

SECTION 5. The Joint Venture shall be represented by the _______ in all biddings, related
procurement transactions and other official dealings that it shall enter into with the PS-DBM and
third parties, such transactions to include, among others, the submission of eligibility documents,
bids, registration documents obtaining bonds, performing the principal contract in the event that the
contract is awarded in favor of the Joint Venture, receipt of payment for goods delivered, and
similar and related activities.

SECTION 6. The period of the Joint Venture shall begin upon execution of this Agreement and
shall continue until the complete performance of its contractual obligations to PS-DBM, as
described in Article II hereof, or upon its termination for material breach of any term or condition of
this Agreement, by service of a written statement in English on the other Party, not less than 90 days
prior to the intended date termination

141
ARTICLE II

PURPOSE

SECTION 1. The primary purpose of the Joint Venture is to participate in the public bidding to
be conducted by the DBM-PS Bids and Awards Committee for the supply and delivery of
________________________ for the _____________________ .

SECTION 2. If the above-described contract/s is/are awarded to the Joint Venture, the Joint
Venture shall undertake the performance thereof to PS-DBM, and such other incidental activities
necessary for the completion of its contractual obligations.

ARTICLE III

SOLIDARY LIABILITY OF THE PARTIES

SECTION 1. In the performance of the contract/s that may be awarded to the Joint Venture by the
PS-DBM, and all other related activities/obligations, as described in Article II hereof, the Parties
bind themselves jointly and solidarily, in the concept of solidarily debtors, subject to the right of
reimbursement, as provided in the relevant provisions of the Civil Code of the Philippines.

ARTICLE IV

CONTRIBUTION AND OTHER ARRANGEMENTS

SECTION 1. Contribution – The Parties shall contribute the amount of


____________________________ (Php ) to support the financial requirements of the Joint
Venture, in the following proportion:

A. - P .00

B. - P .00

TOTAL P .00

Additional contributions to the Joint Venture shall be made as may be required for contract
implementation. In addition, ____ shall contribute any labor and contract management
requirements.

SECTION 2. Profit Sharing – The share of the Parties to the JV from any profit derived or obtained
from the implementation and execution of the Project shall be distributed pro rata to each, in
accordance with the contribution and resources each has provided to the JV;

142
SECTION 3. Liquidation and Distributions – Any sum remaining after deducting from the total of
all moneys or benefits received for the performance of the contract, all costs incurred by the JV after
award of the contract for the Project pursuant to the accounting practices established for the JV,
shall be distributed in accordance with the relative balances in the accounts of each Party pursuant
to Sec.1 of this Article upon completion, final accounting, termination and liquidation of the JV. In
the event of liquidation and termination of JV, and after taking into account the shares of the Parties
in all income, gain, deductions, expenses, and losses, should the account of a Party contain a
negative balance, such Party shall contribute cash to the JV sufficient to restore the said balance to
zero;

SECTION 4. Sharing of Burden of a Net Loss – In case a net loss is incurred, additional
contributions shall be made by the Parties in accordance with their respective shares.

ARTICLE V

MISCELLANEOUS PROVISIONS

SECTION 1. The provisions of the Instructions to Bidders, Supplemental Bid Bulletin, and other
bidding documents issued by the PS-DBM in relation to the contract described in Article II hereof,
shall be deemed incorporated in this Agreement and made an integral part thereof.

SECTION 2. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assigns.

SECTION 3. The Parties herein are duly represented by their authorized officers.

SECTION 4. Governing Law - This Agreement shall be governed by and construed according to
the laws of the Republic of the Philippines. Venue of any court action arising from this Agreement
shall be exclusively laid before the proper court of the ____________, Philippines.

IN WITNESS WHEREOF, the parties have set their hands and affixed their signatures on the date
and place first above-stated.

______________________________ ______________________________
______________________________ ______________________________

________________________________
________________________________

Signed in the Presence of:

_______________________________
________________________________

143
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


CITY/MUNICIPALITY OF ____________) S.S.
PROVINCE OF (in the case of Municipality)

BEFORE ME, a Notary Public for and in the City/Municipality of ___(indicate also the Province in the
case of Municipality___, this _______ day of __(month & year)__ personally appeared the following:

Name ID Name, Number and Validity Date

Known to me and to me known to be the same persons who executed the foregoing instrument and they
acknowledge to me that the same is their free and voluntary act and deed and that of the corporation(s) they
represent.

This instrument refers to a Joint Venture Agreement consisting of _______ pages, including the page
on which this Acknowledgement is written, and signed by the parties and their instrumental witnesses.
WITNESS MY HAND AND NOTARIAL SEAL on the place and on the date first above written.

NAME OF NOTARY PUBLIC


Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___


Page No. ___
Book No. ___
Series of ____.

Note:
“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of identity”
refers to the identification of an individual based on:

At least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration, government
office ID, certification from the National Council for the Welfare of Disabled Persons (NCWDP),
Department of Social Welfare and Development (DSWD) certification;

144
ANNEX “L”

Supplier’s Letterhead

___________________

Date

_________________________

Chairman
DBM-PS Bids and Awards Committee ____
Paco, Manila

Dear Sir:

This has reference to Public Bidding No. 19-137-2 for (Name of Project)
. _____(Name of Company) respectfully requests for the following:

( ) Withdraw of Bid Submissions


( ) Refund of Bid Security
(Attached is a photocopy of the Procurement Service Official Receipt)
( ) Cancellation of Credit Line Certificate

It is understood that _____________________________waives its right to file any motion for


reconsideration and/pr protest in connection with the above-cited Public Bidding Project.

Thank you.

Very truly yours,

__________________________________

Authorized Signatory for the Company

145
ANNEX “M”

Form of Performance Security (Bank Guarantee)

To : Procurement Service
PS Complex, Cristobal St.,
Paco, Manila

WHEREAS, _________(Name and Address of Supplier)_______ (hereinafter called “the Supplier”)


has undertaken, in pursuance of Purchase Order No. ___________ dated ____________ to execute (Name of
Contract and Brief Description) (hereinafter called “the Contract”);

AND WHEREAS, it has been stipulated by you in the said Contract that the Supplier shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance
with his obligations in accordance with the Contract;

AND WHEREAS, we have agreed to give the Supplier such a Bank Guarantee;

NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the Supplier, up to a total of [Amount of Guarantee] proportions of currencies in which the Contract Price
is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any
sum or sums within the limits of [Amount of Guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Supplier before presenting
us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract to be
performed thereunder or of any of the Contract documents which may be made between you and the
Supplier shall in any way release us from any liability under this guarantee, and we hereby waive notice
of any such change, addition or modification.

This guarantee shall be valid until the date of issue of the Defects of Liability Certificate.

SIGNATURE AND SEAL OF THE


GUARANTOR
NAME OF BANK
ADDRESS
DATE

146
Annex “N”

Name of the Procuring Entity : PROCUREMENT SERVICE


Project Reference Number : 19-137-2
Name of the Project : Construction of Two Storey Warehouse

KEY PERSONNEL
(FORMAT OF CURRICULUM VITAE)

Give the detailed information of the following personnel who are scheduled to be assigned
as full-time field staff for the project. Fill up a form for each person.

1. Name :

2. Nationality :

3. Education and Degrees :

4. Proposed Position :
5. Length of Service with the : _____year(s) from ___(months) ___(years)
Firm To ___(months) ___(years)
6. Years of Related :
Experience for the
proposed position

7. List of Projects Handled : (Use additional sheet/s if necessary)

Name of Project :
Name of Owner :
Type of Project :
Position :
Period of :
Assignment

In the event that (Name of the Bidder) is awarded the contract for (Name of the
Project) I, firmly commit to assume the post of Designation) .

_________________________________________
Signature of Key Personnel

One of the requirements from the bidder to be included in its Technical Envelope is a list of contractor’s key personnel (viz., Project
Manager, Project Engineers, Materials Engineers, and Foremen), to be assigned to the contract to be bid, with their complete
qualification and experience data (including the key personnel’s signed written commitment to work for the project once awarded the
contract).

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