PBDs - District 3 Multi-Purpose Hall 2.5m First Posting

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Republic of the Philippines

Province of Isabela
MUNICIPALITY OF GAMU

PHILIPPINE BIDDING DOCUMENTS


(As Harmonized with Development Partners)
Procurement of INFRASTRUCTURE PROJECTS

Government of the Republic of the Philippines

CONSTRUCTION OF DISTRICT
III BARANGAY MULTI-
PURPOSE BUILDING

Fifth Edition
August 2016
Preface
These Philippine Bidding Documents (PBDs) for the procurement of Infrastructure
Projects (hereinafter referred to also as the “Works”) through Competitive Bidding have
been prepared by the Government of the Philippines (GoP) for use by all branches, agencies,
departments, bureaus, offices, or instrumentalities of the Government, including
government-owned and/or -controlled corporations (GOCCs), government financial
institutions (GFIs), state universities and colleges (SUCs), local government units (LGUs), and
autonomous regional government. The procedures and practices presented in this
document have been developed through broad experience, and are for mandatory1 use in
projects that are financed in whole or in part by the GoP or any foreign government/foreign
or international financing institution in accordance with the provisions of the 2016 Revised
Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (R. A. 9184).

This PBDs is intended as a model for admeasurements (unit prices or unit rates in a
bill of quantities) types of contract, which are the most common in Works contracting.

The Bidding Documents shall clearly and adequately define, among others: (a) the
objectives, scope, and expected outputs and/or results of the proposed contract; (b) the
eligibility requirements of Bidders; (c) the expected contract duration; and (d) the
obligations, duties, and/or functions of the winning bidder.

In order to simplify the preparation of the Bidding Documents for each procurement,
the PBDs groups the provisions that are intended to be used unchanged in Section II.
Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data
and provisions specific to each procurement and contract should be included in Section III.
Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC); Section VI.
Specifications; Section VII. Drawings; Section VIII. Bill of Quantities; and Section X. Foreign-
Assisted Projects. The forms to be used are provided in Section IX. Bidding Forms.

Care should be taken to check the relevance of the provisions of the Bidding
Documents against the requirements of the specific Works to be procured. In addition, each
section is prepared with notes intended only as information for the Procuring Entity or the
person drafting the Bidding Documents. They shall not be included in the final documents,
except for the notes introducing Section IX. Bidding Forms, where the information is useful
for the Bidder. The following general directions should be observed when using the
documents:

(a) All the documents listed in the Table of Contents are normally required for
the procurement of Infrastructure Project. However, they should be adapted
as necessary to the circumstances of the particular Project.

(b) Specific details, such as the “name of the Procuring Entity” and “address for
proposal submission,” should be furnished in the BDS and SCC. The final
documents should contain neither blank spaces nor options.

1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign
government/foreign or international financing institution procurement guidelines.

2
(c) This Preface and the footnotes or notes in italics included in the Invitation to
Bid, BDS, SCC, Specifications, Drawings, and Bill of Quantities are not part of
the text of the final document, although they contain instructions that the
Procuring Entity should strictly follow. The Bidding Documents should
contain no footnotes except Section IX. Bidding Forms since these provide
important guidance to Bidders.

(d) The cover should be modified as required to identify the Bidding Documents
as to the names of the Project, Contract, and Procuring Entity, in addition to
date of issue.

(e) If modifications must be made to bidding procedures, they can be presented


in the BDS. Modifications for specific Project or Contract details should be
provided in the SCC as amendments to the Conditions of Contract. For easy
completion, whenever reference has to be made to specific clauses in the
BDS or SCC these terms shall be printed in bold type face on Section II.
Instructions to Bidders, and Section IV. General Conditions of Contract,
respectively.

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TABLE OF CONTENTS

SECTION I. INVITATION TO BID ........................................................................................... 5


SECTION II. INSTRUCTIONS TO BIDDERS .................................................................................9
SECTION III. BID DATA SHEET ..........................................................................................40
SECTION IV. GENERAL CONDITIONS OF CONTRACT ................................................................. 45
SECTION V. SPECIAL CONDITIONS OF CONTRACT .................................................................... 80
SECTION VI. SPECIFICATIONS ........................................................................................... 83
SECTION VII. DRAWINGS ................................................................................................84
SECTION VIII. BILL OF QUANTITIES .................................................................................... 85
SECTION IX. BIDDING FORMS .......................................................................................... 86
SECTION X. FOREIGN-ASSISTED PROJECTS .................... ERROR! BOOKMARK NOT DEFINED.

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Section I. Invitation to Bid

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Republic of the Philippines
Province of Isabela
MUNICIPALITY OF GAMU

Invitation to Bid for Construction of District III Barangay


Multi-Purpose Building
Location: District 3, Gamu, Isabela

1. The Municipal Government of Gamu, Isabela, through the Excise Tax Fund 20192
intends to apply the sum of Two Million Five Hundred Thousand (P 2,500,000.00)
being the Approved Budget for the Contract (ABC) to payments under the contract for
Construction of District III Barangay Multi- Purpose Building. Bids received in excess
of the ABC shall be automatically rejected at bid opening.

2. The Municipal Government of Gamu, Isabela now invites bids for construction of
building.3 Completion of the Works is required one hundred fifty (150) working days.
Bidders should have completed a contract similar to the Project. The description of an
eligible bidder is contained in the Bidding Documents, particularly, in Section II.
Instructions to Bidders.

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 Municipal Government of


Gamu, Isabela and inspect the Bidding Documents at the address given below from
8:00 AM- 5:00 PM.

5. A complete set of Bidding Documents may be acquired by interested bidders on


October 9-29, 2019 from the address below and upon payment of the applicable fee
for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the
amount of Five Thousand Pesos (P 5,000.00).

2 In the case of National Government Agencies, the General Appropriations Act and/or continuing
appropriations; in the case of GOCCs, GFIs, and SUCs, the Corporate Budget for the contract approved by the
governing Boards; in the case of LGUs, the Budget for the contract approved by the respective Sanggunian.
(Section 5(a), R.A. 9184)
3 A brief description of the scope of Works should be provided, including quantities, location of project, and
other information necessary to enable potential bidders to decide whether or not to respond to the invitation.

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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. The Municipal Government of Gamu, Isabela will hold a Pre-Bid Conference4 on


October 16, 2019 11:00 AM at Conference Hall, Municipal Hall Building, District 1,
Gamu, Isabela, which shall be open to prospective bidders.

7. Bids must be duly received by the BAC Secretariat at the address below on or before
October 29, 2019 11:00 AM. All bids must be accompanied by a bid security in any of
the acceptable forms and in the amount stated in ITB Clause 18.

Bid opening shall be on October 29, 2019, 11:15 AM at Conference Hall, Municipal
Hall Building, District 1, Gamu, Isabela. Bids will be opened in the presence of the
bidders’ representatives who choose to attend at the address below. Late bids shall
not be accepted.

8. The Municipal Government of Gamu, Isabela 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 IRR, without
thereby incurring any liability to the affected bidder or bidders.

9. For further information, please refer to:

Ms. JOYCELYN U. NADRES


BAC Chairman
Office of the Municipal Administrator, Municipal Hall, District 1, Gamu, Isabela
0917-856-5517

JOYCELYN U. NADRES
BAC Chairman

4 May be deleted in case the ABC is less than One Million Pesos (PhP1,000,000) where the Procuring Entity
may not hold a pre-bid conference.

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]
Section II. Instructions to Bidders

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TABLE OF CONTENTS
A. GENERAL.............................................................................................................12
1. Scope of Bid............................................................................................................ 12
2. Source of Funds...................................................................................................... 12
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices...................12
4. Conflict of Interest..................................................................................................14
5. Eligible Bidders....................................................................................................... 15
6. Bidder’s Responsibilities........................................................................................ 16
7. Origin of GOODS and Services............................................................................... 19
8. Subcontracts........................................................................................................... 19
B. CONTENTS OF BIDDING DOCUMENTS............................................................................19
9. Pre-Bid Conference.................................................................................................19
10. Clarification and Amendment of Bidding Documents.......................................... 20
C. PREPARATION OF BIDS.............................................................................................21
11. Language of Bids.....................................................................................................21
12. Documents Comprising the Bid: Eligibility and Technical Components...............21
13. Documents Comprising the Bid: Financial Component........................................ 23
14. Alternative Bids...................................................................................................... 24
15. Bid Prices.................................................................................................................25
16. Bid Currencies.........................................................................................................25
17. Bid Validity..............................................................................................................26
18. Bid Security............................................................................................................. 26
19. Format and Signing of Bids.................................................................................... 28
20. Sealing and Marking of Bids...................................................................................29
D. SUBMISSION AND OPENING OF BIDS.............................................................................30
21. Deadline for Submission of Bids............................................................................ 30
22. Late Bids..................................................................................................................30
23. Modification and Withdrawal of Bids................................................................... 30
24. Opening and Preliminary Examination of Bids..................................................... 31
E. EVALUATION AND COMPARISON OF BIDS....................................................................... 33
25. Process to be Confidential..................................................................................... 33
26. Clarification of Bids................................................................................................ 33

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27. Detailed Evaluation and Comparison of Bids........................................................ 33
28. Post Qualification................................................................................................... 34
29. Reservation Clause................................................................................................. 35
F. AWARD OF CONTRACT.............................................................................................37
30. Contract Award.......................................................................................................37
31. Signing of the Contract...........................................................................................37
32. Performance Security.............................................................................................38
33. Notice to Proceed................................................................................................... 39
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-

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competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition;

(iii) “collusive practices” means a scheme or arrangement


between two or more Bidders, with or without the knowledge
of the Procuring Entity, designed to establish bid prices at
artificial, non-competitive levels; and

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


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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or


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

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


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

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

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

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

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

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

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

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

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

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

(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

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affinity up to the third civil degree. On the part of the Bidder, this Clause shall
apply to the following persons:

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


himself;

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

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


controlling stockholders;

(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,

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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
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

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

6.2. The Bidder is responsible for the following:

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

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


implementation of the contract;

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

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


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

(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 9184


and 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.

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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.

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

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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.

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.

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(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 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

20
may be issued by the BAC. However, Bidders who have submitted bids before
the issuance of the Supplemental/Bid Bulletin must be informed and allowed
to modify or withdraw their bids in accordance with ITB Clause 23.

C. Preparation of Bids

11. Language of Bids


The 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.

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:

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(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

(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:

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(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 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.

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(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.

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

24
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
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.

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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.

For biddings conducted by LGUs,


the cashier’s/manager’s check
may be issued by other banks
certified by the BSP as authorized
to issue such financial
instrument.
Two percent (2%)
(b) Bank draft/guarantee or
irrevocable letter of credit issued
by a Universal or Commercial
Bank: Provided, however, that it
shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.

For biddings conducted by LGUs,

26
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 days from 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.

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;

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(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.

(b) if the successful Bidder:

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

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


Clause 32.

19. Format and Signing of Bids

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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.

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;

29
(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
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

30
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
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.

31
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 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.

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E. Evaluation and Comparison of Bids

25. Process to be Confidential


25.1. Members of the BAC, including its staff and personnel, as well as its
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 a dash (-) for the said item would mean that it

33
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.

34
Failure to submit any of the post-qualification requirements on time, or a
finding against the veracity thereof, shall disqualify the Bidder for award.
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 12
and 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,

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statements or documents, or any changes in the situation of the Bidder which
will affect its capability to undertake the project so that it fails the preset
eligibility or bid evaluation criteria, the Procuring Entity shall consider the
said Bidder as ineligible and shall disqualify it from submitting a bid or from
obtaining an award or contract.

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

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


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

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

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

(i) If the physical and economic conditions have significantly


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

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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.

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.

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

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

(a) Contract Agreement;

(b) Bidding Documents;

(c) Winning Bidder’s bid, including the Technical and Financial Proposals,
and all other documents/statements submitted (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 Ten percent (10%)
Check may be issued by other
banks certified by the BSP as
authorized to issue such
financial instrument.

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(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 the


LGUs, 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 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.

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Section III. Bid Data Sheet

40
Bid Data Sheet
ITB Clause
1.1 The Procuring Entity is Municipal Government of Gamu, Isabela.

The name of the Contract is Construction of District III Barangay Multi-


Purpose Building.

The identification number of the Contract is ____.

2 The Funding Source is:

The Government of the Philippines (GoP) through Excise Tax Fund 2019 in
the amount of Two Million Five Hundred Thousand Pesos (P 2,500,000.00).

NOTE: In the case of National Government Agencies, the General


Appropriations Act and/or continuing appropriations; in the case of
Government-Owned and/or –Controlled Corporations, Government
Financial Institutions, and State Universities and Colleges, the Corporate
Budget for the contract approved by the governing Boards; in the case of
Local Government Units, the Budget for the contract approved by the
respective Sanggunian.

The name of the Project is Construction of District III Barangay Multi-


Purpose Building.

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) No further instructions.

5.4(b) For this purpose, similar contracts shall refer to contracts which have the
same major categories of work Construction of building.

8.1 Subcontracting is not allowed.

8.2 Not applicable.

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9.1 The Procuring Entity will hold a pre-bid conference for this Project on
October 16, 2019 11:00 AM at Conference Hall, Municipal Hall Building,
District 1, Gamu, Isabela.

10.1 The Procuring Entity’s address is:

Ms. JOYCELYN U. NADRES


BAC Chairman
Office of the Municipal Administrator, Municipal Hall, District 1, Gamu,
Isabela
0917-856-5517
10.4 No further instructions.

12.1 No further instructions.

12.1(a)(iii) No further instructions.

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

Key Personnel General Experience Relevant Experience

Project Engineer three years one year

Site Engineer three years one year

Foreman and Labor

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

Equipment Capacity Number of Units

Bagger, Mixer, Vibrator, Welding Machine and Hand tools

13.1 No additional Requirements

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

1) Bid prices in the Bill of Quantities;

2) Detailed estimates, including a summary sheet indicating the unit


prices of construction materials, labor rates, and equipment rentals
used in coming up with the Bid; and

3) Cash flow by quarter or payment schedule.

13.2 The ABC is Two Million Five Hundred Thousand Pesos (P 2,500,000.00).
Any bid with a financial component exceeding this amount shall not be

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accepted.

14.2 No further instructions.

15.4 No further instruction.

16.1 The bid prices shall be quoted in Philippine Pesos.

16.3 No further instructions.

17.1 Bids will be valid until 120 calendar days.

18.1 The bid security shall be in the form of a Bid Securing Declaration or any of
the following forms and amounts:

1. The amount of not less than P 50,000.00, if bid security is in cash,


cashier’s/manager’s check, bank draft/guarantee or irrevocable letter
of credit;

2. The amount of not less than P 125,000.00 if bid security is in Surety


Bond.

18.2 The bid security shall be valid until 120 calendar days.

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

21 The address for submission of bids is Municipal Hall, District 1, Gamu,


Isabela.

The deadline for submission of bids is October 29, 2019 11:00 AM.

24.1 The place of bid opening is Conference Hall, Municipal Hall Building,
District 1, Gamu, Isabela.

The date and time of bid opening is October 29, 2019 11:15 AM.

24.2 No further instructions.

24.3 No further instructions.

27.3 Select one of the following paragraphs and delete the other:

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.

In all cases, the NFCC computation, if applicable, must be sufficient for all
the lots or contracts to be awarded to the Bidder.

43
27.4 No further instructions.

28.2 None.

31.4(f) List additional contract documents relevant to the Project that may be
required by existing laws and/or the Procuring Entity, such as construction
schedule and S-curve, manpower schedule, construction methods,
equipment utilization schedule, construction safety and health program
approved by the Department of Labor and Employment, and PERT/CPM or
other acceptable tools of project scheduling.

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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...............................................................................52
7. PERFORMANCE SECURITY..........................................................................................53
8. SUBCONTRACTING.................................................................................................. 54
9. LIQUIDATED DAMAGES............................................................................................ 54
10. SITE INVESTIGATION REPORTS.................................................................................... 55
11. THE PROCURING ENTITY, LICENSES AND PERMITS............................................................. 55
12. CONTRACTOR’S RISK AND WARRANTY SECURITY.............................................................. 55
13. LIABILITY OF THE CONTRACTOR...................................................................................57
14. PROCURING ENTITY’S RISK........................................................................................57
15. INSURANCE.......................................................................................................... 58
16. TERMINATION FOR DEFAULT OF CONTRACTOR................................................................. 59
17. TERMINATION FOR DEFAULT OF PROCURING ENTITY.......................................................... 60
18. TERMINATION FOR OTHER CAUSES.............................................................................. 60
19. PROCEDURES FOR TERMINATION OF CONTRACTS.............................................................. 62
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE............................................................. 64
21. RESOLUTION OF DISPUTES.........................................................................................65
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION................................................ 66
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS......................................................... 66
24. APPROVAL OF DRAWINGS AND TEMPORARY WORKS BY THE PROCURING ENTITY’S
REPRESENTATIVE....................................................................................................66
25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING ENTITY’S REPRESENTATIVE.................. 66
26. EXTENSION OF THE INTENDED COMPLETION DATE.............................................................67
27. RIGHT TO VARY..................................................................................................... 67

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28. CONTRACTORS RIGHT TO CLAIM................................................................................. 67
29. DAYWORKS.......................................................................................................... 68
30. EARLY WARNING................................................................................................... 68
31. PROGRAM OF WORK...............................................................................................68
32. MANAGEMENT CONFERENCES....................................................................................69
33. BILL OF QUANTITIES................................................................................................69
34. INSTRUCTIONS, INSPECTIONS AND AUDITS...................................................................... 70
35. IDENTIFYING DEFECTS..............................................................................................70
36. COST OF REPAIRS...................................................................................................70
37. CORRECTION OF DEFECTS......................................................................................... 70
38. UNCORRECTED DEFECTS...........................................................................................71
39. ADVANCE PAYMENT................................................................................................71
40. PROGRESS PAYMENTS..............................................................................................71
41. PAYMENT CERTIFICATES........................................................................................... 72
42. RETENTION.......................................................................................................... 73
43. VARIATION ORDERS................................................................................................ 73
44. CONTRACT COMPLETION.......................................................................................... 75
45. SUSPENSION OF WORK............................................................................................ 75
46. PAYMENT ON TERMINATION...................................................................................... 76
47. EXTENSION OF CONTRACT TIME..................................................................................77
48. PRICE ADJUSTMENT................................................................................................ 78
49. COMPLETION........................................................................................................78
50. TAKING OVER....................................................................................................... 78
51. OPERATING AND MAINTENANCE MANUALS.................................................................... 78

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

48
responsibility to undertake the repair of any damage to the Works at his own
expense.

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.

49
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.

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;

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c) Instructions to Bidders;

d) Addenda to the Bidding Documents;

e) Special Conditions of Contract;

f) General Conditions of Contract;

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

51
shall also provide at his own cost any additional facilities outside the Site
required by it for purposes of the Works.

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

6. The Contractor’s Obligations


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

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

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

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

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

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


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

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

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

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

52
other contractors, and shall notify the Contractor of any such modification
thereto.

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


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

7. Performance Security
7.1. Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both
parties, the Contractor shall furnish the performance security in any 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

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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.

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.

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

11. The Procuring Entity, Licenses and Permits


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

12. Contractor’s Risk and Warranty Security


12.1. The Contractor shall assume full responsibility for the Works from the time
project construction commenced up to final acceptance by the Procuring
Entity and shall be held responsible for any damage or destruction of the
Works except those occasioned by force majeure. The Contractor shall be
fully responsible for the safety, protection, security, and convenience of his
personnel, third parties, and the public at large, as well as the Works,
Equipment, installation, and the like to be affected by his construction work.

12.2. The defects liability period for infrastructure projects shall be one year from
contract completion up to final acceptance by the Procuring Entity. During
this period, the Contractor shall undertake the repair works, at his own
expense, of any damage to the Works on account of the use of materials of
inferior quality within ninety (90) days from the time the 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

55
quality/substandard materials, and any violation of the contract plans
and specifications, the contractor shall be held liable;

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


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

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


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

(d) Third Parties - Third Parties shall be held liable in cases where
Structural Defects/Failures are caused by work undertaken by them
such as leaking pipes, diggings or excavations, underground cables
and electrical wires, underground tunnel, mining shaft and the like, in
which case the applicable warranty to such structure should be levied
to third parties for their construction or restoration works.

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


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

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


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

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

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

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(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.

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.

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

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

(a) Contractor’s All Risk Insurance;

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


Supplies owned by the Contractor;

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

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


direct or indirect act or omission causing damage to third persons.

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


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

15.3. The Contractor shall notify the insurers of changes in the nature, extent, or
program for the execution of the Works and ensure the adequacy of the
insurances at all times in accordance with the terms of this Contract and shall
produce to the Procuring Entity’s Representative the insurance policies in
force including the receipts for payment of the current premiums.

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

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

15.5. In the event the Contractor fails to observe the above safeguards, the
Procuring Entity may, at the Contractor’s expense, take whatever measure is
deemed necessary for its protection and that of the Contractor’s personnel

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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
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;

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(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
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:

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

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


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

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

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


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

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


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

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

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

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

(i) corrupt, fraudulent, collusive, coercive, and obstructive


practices as defined in ITB Clause 3.1(a), unless otherwise
specified in the SCC;

(ii) drawing up or using forged documents;

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


production contrary to rules of science or the trade; and

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(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.

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

62
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;

(ii) Provision of warning signs and barricades in accordance with


approved plans and specifications and contract provisions;

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(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,

65
That, by mutual agreement, the parties may agree in writing to resort to
other alternative modes of dispute resolution.

22. Suspension of Loan, Credit, Grant, or Appropriation


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

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

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

23. Procuring Entity’s Representative’s Decisions


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

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

24. Approval of Drawings and Temporary Works by the Procuring Entity’s


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

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

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

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

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


Representative
25.1. When the Procuring Entity wants the Contractor to finish before the Intended
Completion Date, the Procuring Entity’s Representative will obtain priced
proposals for achieving the necessary acceleration from the Contractor. If

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the Procuring Entity accepts these proposals, the Intended Completion Date
will be adjusted accordingly and confirmed by both the Procuring Entity and
the Contractor.

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

26. Extension of the Intended Completion Date


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

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

27. Right to Vary


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

27.2. Variations shall be valued as follows:

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

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

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

(d) at appropriate new rates, equal to or lower than current industry


rates and to be agreed upon by both parties and approved by the
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

67
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
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

68
stated in the SCC. If the Contractor does not submit an updated Program of
Work within this period, the Procuring Entity’s Representative may withhold
the amount stated in the SCC from the next payment certificate and continue
to withhold this amount until the next payment after the date on which the
overdue Program of Work has been submitted.

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


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

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

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

32. Management Conferences


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

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


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

33. Bill of Quantities


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

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

33.3. If the final quantity of any work done differs from the quantity in the Bill of
Quantities for the particular item and is not more than twenty five percent
(25%) of the original quantity, provided the aggregate changes for all items
do not exceed ten percent (10%) of the Contract price, the Procuring Entity’s

69
Representative shall make the necessary adjustments to allow for the
changes subject to applicable laws, rules, and regulations.

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


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

34. Instructions, Inspections and Audits


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

34.2. If the Procuring Entity’s Representative instructs the Contractor to carry out a
test not specified in the Specification to check whether any work has a defect
and the test shows that it does, the Contractor shall pay for the test and any
samples. If there is no defect, the test shall be a Compensation Event.

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

35. Identifying Defects


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

36. Cost of Repairs


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

37. Correction of Defects


37.1. The Procuring Entity’s Representative shall give notice to the Contractor of
any defects before the end of the Defects Liability Period, which 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.

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

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

38. Uncorrected Defects


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

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

39. Advance Payment


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

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

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

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

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

40. Progress Payments

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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 (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

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(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 therefor.

42.3. The total “retention money” shall be due for release upon final acceptance of
the Works. The Contractor may, however, request the substitution of the
retention money for each progress billing with irrevocable standby letters of
credit from a commercial bank, bank guarantees or surety bonds callable on
demand, of amounts equivalent to the retention money substituted for and
acceptable to the Procuring Entity, provided that the project is on schedule
and is satisfactorily undertaken. Otherwise, the ten (10%) percent retention
shall be made. Said irrevocable standby letters of credit, bank guarantees
and/or surety bonds, to be posted in favor of the Government shall be valid
for a duration to be determined by the concerned implementing
office/agency or Procuring Entity and will answer for the purpose for which
the ten (10%) percent retention is intended, i.e., to cover uncorrected
discovered defects and third party liabilities.

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

43. Variation Orders


43.1. Variation Orders may be issued by the Procuring Entity to cover any
increase/decrease in quantities, including the introduction of new work items
that are not included in the original contract or reclassification of work items
that are either due to change of plans, design or alignment to suit actual field
conditions resulting in disparity between the preconstruction plans used for
purposes of bidding and the “as staked plans” or construction drawings
prepared after a joint survey by the Contractor and the Procuring Entity after

73
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
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

74
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 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

75
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.

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,

76
repatriation of the Contractor’s personnel employed solely on the Works,
and the Contractor’s costs of protecting and securing the Works, and less
advance payments received up to the date of the certificate.

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

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

47. Extension of Contract Time


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

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

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

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

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


considered unfavorable for the prosecution of the works at the site, based on
the actual conditions obtained at the site, in excess of the number of
rainy/unworkable days pre-determined by the Procuring Entity in relation to
the original contract time during the conduct of detailed engineering and in
the preparation of the contract documents as agreed upon by the parties

77
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.

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.

78
79
Section V. Special Conditions of Contract
Notes on the Special Conditions of Contract
Similar to the Section III. Bid Data Sheet, the clauses in this Section are intended to assist
the Procuring Entity in providing contract-specific information in relation to
corresponding clauses in the GCC.
The provisions of this Section complement the GCC, specifying contractual requirements
linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country,
the sector, and the Works procured. In preparing this Section, the following aspects
should be checked:
(a) Information that complements provisions of Section IV. General Conditions of
Contract must be incorporated.
(b) Amendments and/or supplements to provisions of Section IV. General Conditions
of Contract, as necessitated by the circumstances of the specific project, must also
be incorporated.
However, no special condition which defeats or negates the general intent and purpose
of the provisions of Section IV. General Conditions of Contract should be incorporated
herein.
For foreign-assisted projects, the Special Conditions of Contract to be used is provided in
Section X-Foreign-Assisted Projects.

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Special Conditions of Contract

GCC Clause
1.17 The Intended Completion Date is One Hundred Fifty (150) days from
receipt of Notice to Proceed.

NOTE: The contract duration shall be reckoned from the start date and
not from contract effectivity date.
1.22 The Procuring Entity is Municipal Government of Gamu, Isabela.
1.23 The Procuring Entity’s Representative is Joycelyn M. Uy- Nadres.
1.24 The Site is located at Mabini, Gamu, Isabela and is defined in drawings
No. [Insert Number].

List here locations of other Sites, if any.


1.28 The Start Date is Date of receipt of Notice to Proceed.

NOTE: The start date shall be the date of receipt of the Notice to
Proceed.
1.31 The Works consist of construction of building.
2.2 If different dates are specified for completion of the Works by section
(“sectional completion”), these dates should be listed here
5.1 The Procuring Entity shall give possession of all parts of the Site to the
Contractor [insert date].
6.5 The Contractor shall employ the following Key Personnel:

Project Engineer

NOTE: The names of the Key Personnel and their designation shall be
filled out by winning contractor prior to contract signing.
7.4(c) No further instructions.
7.7 No further instructions.
8.1 No further instructions.
10 None
12.3 No further instructions.
12.5 Select one, delete the other.

81
In case of permanent structures, such as buildings of types 4 and 5 as
classified under the National Building Code of the Philippines and other
structures made of steel, iron, or concrete which comply with relevant
structural codes (e.g., DPWH Standard Specifications), such as, but not
limited to, steel/concrete bridges, flyovers, aircraft movement areas,
ports, dams, tunnels, filtration and treatment plants, sewerage systems,
power plants, transmission and communication towers, railway system,
and other similar permanent structures: Fifteen (15) years.

In case of semi-permanent structures, such as buildings of types 1, 2, and


3 as classified under the National Building Code of the Philippines,
concrete/asphalt roads, concrete river control, drainage, irrigation lined
canals, river landing, deep wells, rock causeway, pedestrian overpass,
and other similar semi-permanent structures: Five (5) years.

In case of other structures, such as Bailey and wooden bridges, shallow


wells, spring developments, and other similar structures: Two (2) years.
13 No additional provision.
18.3(h)(i) No further instructions.
21.2 The Arbiter is: [Insert name]

[Insert address]
29.1 No dayworks are applicable to the contract.
31.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within 10 days of delivery of the Notice of
Award.
31.3 The period between Program of Work updates is 30 days.

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


of Work is [insert amount].
34.3 The Funding Source is the Government of the Philippines.
39.1 The amount of the advance payment is 15% of contract cost.
40.1 No further instructions.
51.1 The date by which operating and maintenance manuals are required is
[date].

The date by which “as built” drawings are required is [date].


51.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is
[amount in local currency].

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Section VI. Specifications

83
Section VII. Drawings

Insert here a list of Drawings. The actual Drawings, including site plans, should be
attached to this section or annexed in a separate folder.
Section VIII. Bill of Quantities

85
Section IX. Bidding Forms

TABLE OF CONTENTS
Bid Form...............................................................................................................87
Form of Contract Agreement..............................................................................89
Omnibus Sworn Statement................................................................................ 91
Bid Securing Declaration………………………………………………………91

86
Bid Form

Date: ________________________
IB5 No: _______________________

To: [name and address of PROCURING ENTITY]


Address: [insert address]

We, the undersigned, declare that:

(a) We have examined and have no reservation to the Bidding Documents, including
Addenda, for the Contract [insert name of contract];

(b) We offer to execute the Works for this Contract in accordance with the Bid and Bid Data
Sheet, General and Special Conditions of Contract accompanying this Bid;

The total price of our Bid, excluding any discounts offered below is: [insert information];

The discounts offered and the methodology for their application are: [insert
information];

(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;

(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

5 If ADB, JICA and WB funded projects, use IFB.

87
(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: ___________

88
Form of Contract Agreement

THIS AGREEMENT, made this [insert date] day of [insert month], [insert year]
between [name and address of PROCURING ENTITY] (hereinafter called the“Entity”) and
[name and address of Contractor] (hereinafter called the “Contractor”).

WHEREAS, the Entity is desirous that the Contractor execute [name and
identification number of contract] (hereinafter called “the Works”) and the Entity has
accepted the Bid for [insert the amount in specified currency in numbers and words] by the
Contractor for the execution and completion of such Works and the remedying of any
defects therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

2. The following documents shall be attached, deemed to form, and be read


and construed as 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

89
execute and complete the Works and remedy any defects therein in
conformity with the provisions of this Contract in all respects.

4. The Entity hereby covenants to pay the Contractor in consideration of the


execution and completion of the Works and the remedying of defects
wherein, the Contract Price or such other sum as may become payable under
the provisions of this Contract at the times and in the manner prescribed by
this Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed
the day and year first before written.

Signed, sealed, delivered by the (for the Entity)

Signed, sealed, delivered by the (for the Contractor).

Binding Signature of Procuring Entity

________________________________________________

Binding Signature of Contractor

_____________________________________________

[Addendum showing the corrections, if any, made during the Bid evaluation should be
attached with this agreement]

90
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 contract for [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;

91
4. Each of the documents submitted in satisfaction of the bidding requirements is an
authentic copy of the original, complete, and all statements and information
provided therein are true and correct;

5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to the Head of
the Procuring Entity, members of the Bids and Awards Committee (BAC), the
Technical Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by
consanguinity or affinity up to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of


Bidder] is related to the Head of the Procuring Entity, members of the Bids and
Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the
head of the Project Management Office or the end-user unit, and the project
consultants by consanguinity or affinity up to the third civil degree;

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


stockholders of [Name of Bidder] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group,
and the BAC Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the third civil
degree;

7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a


Bidder:

a) Carefully examine all of the Bidding Documents;

b) 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.

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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 is/are personally known to me and was/were identified by
me through competent evidence of identity as defined in the 2004 Rules on Notarial
Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government
identification card used], with his/her photograph and signature appearing thereon, with
no. ________ and his/her Community Tax Certificate 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 _____

* This form will not apply for WB funded projects.

93
Bid-Securing Declaration

(REPUBLIC OF THE PHILIPPINES)


CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

Invitation to Bid [Insert reference number]

To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/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.

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IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]


[Insert signatory’s legal capacity]

Affiant

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution],
Philippines. Affiant/s is/are personally known to me and was/were identified by me through
competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No.
02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card
used], with his/her photograph and signature appearing thereon, with no. ______.

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 ____.

95
Section X. Foreign-Assisted Projects
Notes on Foreign-Assisted Projects
This Section is intended to assist the Procuring Entity in providing the specific information
for foreign-assisted projects of the Asian Development Bank (ADB), the Japan
International Cooperation Agency (JICA), and the World Bank.

(a) If the Funding Source is ADB, the Procuring Entity should use the ADB Bid Data Sheet
and ADB Special Conditions of Contract.

(b) If the Funding Source is JICA, the Procuring Entity should use Section III. Bid Data
Sheet and Section V. Special Conditions of Contract, both of the GoP.

(c) If the Funding Source is World Bank, the Procuring Entity should use the World Bank
Bid Data Sheet and the World Bank Special Conditions of Contract.

The Procuring Entity shall use these PBDs with minimum changes as necessary to address
project-specific conditions. Any such changes shall be introduced only through the Bid
Data Sheet or through the Special Conditions of Contract, and not by introducing changes
in the standard wording of the Instructions to Bidders and the General Conditions of
Contract.

The Procuring Entity shall allow the Bidders sufficient time to study the Bidding
Documents, prepare and complete responsive bids, and submit their bids. A period of at
least twenty (20) days for bid preparation shall be required.

Notes on the Invitation to Bid


The Invitation to Bid provides information that enables potential Bidders to decide
whether to participate in the procurement at hand. The Invitation to Bid shall be:

(a) Advertised at least once in a newspaper of general nationwide circulation which


has been regularly published for at least two (2) years before the date of issue of
the advertisement, subject to Sections 21.2.1(c) of the IRR of R.A. 91846;

(b) Posted continuously in the Philippine Government Electronic Procurement System


(PhilGEPS) website, the website of the Procuring Entity concerned, if available,
and the website prescribed by the foreign government/foreign or international
financing institution, if applicable, from the time the Invitation to Bid is advertised

6 Two years after the effectivity of the 2016 Revised IRR of RA 9184 on ___________, advertisement in a
newspaper of general circulation shall no longer be required. However, a Procuring Entity that cannot post its
opportunities in the PhilGEPS for justifiable reasons shall continue to publish its advertisements in a newspaper
of general nationwide circulation.

96
until the deadline for the submission and receipt of bids; and

(c) Posted at any conspicuous place reserved for this purpose in the premises of the
Procuring Entity concerned from the time the Invitation to Bid is advertised until
the deadline for the submission and receipt of bids, as certified by the head of the
Bids and Awards Committee (BAC) Secretariat of the Procuring Entity concerned.

Apart from the essential items listed in the Bidding Documents, the Invitation to Bid
should also indicate the following:

(a) The date of availability of the Bidding Documents, which shall be from the time
the Invitation to Bid is first advertised/posted until the deadline for the
submission and receipt of bids.

(b) The place where the Bidding Documents may be acquired or the website
where it may be downloaded.

(c) The deadline for the submission and receipt of bids; and

(d) Any important bid evaluation criteria.

The Invitation to Bid should be incorporated into the Bidding Documents. The
information contained in the Invitation to Bid must conform to the Bidding Documents
and in particular to the relevant information in the BDS.

Notes on the Bid Data Sheet


This Section is intended to assist the Procuring Entity in providing the specific information
in relation to the corresponding clauses in the ITB, and has to be prepared for each
specific procurement.

The Procuring Entity should specify in the BDS information and requirements specific to
the circumstances of the Procuring Entity, the processing of the procurement, the
applicable rules regarding Bid price and currency, and the Bid evaluation criteria that will
apply to the Bids. In preparing this Section, the following aspects should be checked:

(a) Information that specifies and complements provisions of Section II. Instructions
to Bidders must be incorporated.

(b) Amendments and/or supplements, if any, to provisions of Section II. Instructions


to Bidders as necessitated by the circumstances of the specific procurement, must
also be incorporated.

Notes on the Special Conditions of the Contract


Similar to the Section III. Bid Data Sheet, the clauses in this Section are intended to assist
the Procuring Entity in providing contract-specific information in relation to

97
corresponding clauses in the GCC.

The provisions of this Section complement the GCC, specifying contractual requirements
linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country,
the sector, and the Works procured. In preparing this Section, the following aspects
should be checked:

(a) Information that complements provisions of Section IV. General


Conditions of Contract must be incorporated.

(b) Amendments and/or supplements to provisions of Section IV.


General Conditions of Contract, as necessitated by the circumstances of the
specific project, must also be incorporated.

However, no special condition which defeats or negates the general intent and purpose
of the provisions of Section IV. General Conditions of Contract should be incorporated
herein.

98
TABLE OF CONTENTS

INVITATION TO BID FOR FOREIGN-ASSISTED PROJECTS..................... Error! Bookmark not defined.


ASIAN DEVELOPMENT BANK BID DATA SHEET............................... Error! Bookmark not defined.
ASIAN DEVELOPMENT BANK SPECIAL CONDITIONS OF CONTRACT........ Error! Bookmark not defined.
WORLD BANK BID DATA SHEET............................................. Error! Bookmark not defined.
WORLD BANK SPECIAL CONDITIONS OF CONTRACT......................... Error! Bookmark not defined.

99
Invitation to Bid for Foreign-Assisted Projects

[Letterhead of the Procuring Entity]


INVITATION TO BID FOR [Insert name of Project]

1. The Government of the Philippines (GoP) [has received/has applied for/intends to


apply for] a [Loan//Grant] from the [state the foreign government/foreign or
international financing institution (e.g., Asian Development Bank, Japan International
Cooperation Agency, or World Bank)] toward the cost of [insert name of project], and it
intends to apply part of the proceeds of this [loan//grant] to payments under the
contract for [insert name/no. of contract].

2. The [insert name of Procuring Entity] now invites bids for [insert brief description of
Works to be procured].7 Completion of the Works is required [insert the required
completion date or expected contract duration]. Bidders should have completed,
within ________ (__), a contract similar to the Project. The description of an eligible
bidder is contained in the Bidding Documents, particularly, in Sub-section 5, Section II.
Instructions to Bidders and the corresponding {[insert Asian Development Bank or
World Bank, as appropriate]} Bid Data Sheet.

3. Bidding will be conducted in accordance with relevant procedures for open


competitive bidding as specified in the IRR of RA 9184 (R.A. 9184), with some
amendments, as stated in these bidding documents and is open to all bidders from
eligible source countries as defined in the applicable procurement guidelines of the
[state the foreign government/foreign international financing institution concerned )].
The contract shall be awarded to the Lowest Calculated Responsive Bidder (LCRB) who
was determined as such during post-qualification. The approved budget for the
contract (ABC) is [insert here the amount of the ABC].

[If ADB-funded project, ABC may be published, but it shall not be stated or implied that
bid prices may not exceed ABC.]

4. Interested bidders may obtain further information from [insert name of the Procuring
Entity] and inspect the Bidding Documents at the address given below from [insert
office hours].

5. A complete set of Bidding Documents may be acquired by the interested bidders on


[insert date of availability of Bidding Documents] from the address below {[insert if
necessary and upon payment of the applicable fee for the bidding documents,

7 A brief description of the scope of Works should be provided, including quantities, location of project, and
other information necessary to enable potential bidders to decide whether or not to respond to the invitation.
100
pursuant to the latest Guidelines issued by the GPPB, in the amount of [ insert amount
in pesos]8.}

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

6. The [insert name of the Procuring Entity] will hold a Pre-Bid Conference9 on [insert
time and date] at [insert address for Pre-Bid Conference, if applicable], which shall be
open to prospective bidders.

7. Bids must be duly received by the BAC Secretariat at the address below on or before
[insert date and time]. All bids must be accompanied by a bid security in the amount of
__________ in [insert the acceptable form].

Bids will be opened in the presence of the bidders’ representatives who choose to
attend at the address below. Late bids shall not be accepted.

8. [Insert such other necessary information deemed relevant by the Procuring Entity]

9. The [insert name of the Procuring Entity] reserves the right to accept or reject any bid,
to annul the bidding process, and to reject all bids at any time prior to contract
award, in accordance with Section 41 of RA 9184 and its IRR, without thereby
incurring any liability to the affected bidder or bidders.

10. For further information, please refer to:

[Insert name of officer]


[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate city code]
[Insert contact’s email address]
[Insert facsimile number]
[Insert website address, if applicable]

_________________________________

8 For ADB-funded projects, the bidding documents fee should only cover reproduction and mailing/courier
costs, and may not be in accordance with the GPPB Guidelines. As such, the text “, pursuant to the latest
Guidelines issued by the GPPB,” shall be deleted.

9 May be deleted in case the ABC is less than One Million Pesos (P1,000,000) where the Procuring Entity may
not hold a pre-bid conference.

101
[Insert Name and Signature of the BAC
Chairperson or the Authorized
Representative of the BAC Chairperson]

102
Asian Development Bank Bid Data Sheet

ITB Clause

1.1 The Procuring Entity is [insert name of Procuring Entity].

The name of the Contract is [insert the name of the contract].

The identification number of the Contract is [insert identification number of


the contract].

2 The Funding Source is the Asian Development Bank (ADB) through [indicate
the Loan/Grant/Financing No.] in the amount of [insert amount of funds].

The name of the Project is [Insert the name of the project]

Payments by the Foreign Funding Source will be made only at the request
of the Procuring Entity and upon approval by the Funding Source in
accordance with the terms and conditions of the Loan {[or Grant, or
Financing]} Agreement No. _________ (hereinafter called the "Financing
Agreement") and

will be subject in all respect to the terms and conditions of that Financing
Agreement and the applicable law. No party other than the Procuring
Entity shall derive any rights from the Financing Agreement or have any
claim to the funds.

3.1

ADB’s Anticorruption Policy requires Borrowers (including beneficiaries of


ADB-financed activity), as well as Bidders, Suppliers, and Contractors
under ADB-financed contracts, observe the highest standard of
ethics during the procurement and execution of such contracts. In
pursuance of this policy, ADB

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

(i) “corrupt practice” means the offering, giving, receiving, or


soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party;

(ii) “fraudulent practice” means any act or omission, including a


misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other

103
benefit or to avoid an obligation;

(iii) “coercive practice” means impairing or harming, or


threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;

(iv) “collusive practice” means an arrangement between two or


more parties designed to achieve an improper purpose,
including influencing improperly the actions of another
party;

(v) “obstructive practice” means (a) deliberately destroying,


falsifying, altering, or concealing of evidence material to an
ADB investigation; (b) making false statements to
investigators in order to materially impede an ADB
investigation; (c) failing to comply with requests to provide
information, documents or records in connection with an
Office of Anticorruption and Integrity (OAI) investigation; (d)
threatening, harassing, or intimidating any party to prevent
it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or (e)
materially impeding ADBʼs contractual rights of audit or
access to information; and

(vi) “integrity violation" is any act which violates ADB’s


Anticorruption Policy, including (i) to (v) above and the
following: abuse, conflict of interest, violations of ADB
sanctions, retaliation against whistleblowers or witnesses,
and other violations of ADB's Anticorruption Policy, including
failure to adhere to the highest ethical standard.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practices
or other integrity violations in competing for the Contract;

(c) will cancel the portion of the financing allocated to a contract if it


determines at any time that representatives of the Borrower or of a
beneficiary of ADB financing engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices or other integrity
violations during the procurement or the execution of that
contract, without the Borrower having taken timely and
appropriate action satisfactory to ADB to remedy the situation;

(d) will impose remedial actions on a firm or an individual, at any time,


in accordance with ADB’s Anticorruption Policy and Integrity

104
Principles and Guidelines (both as amended from time to time),
including declaring ineligible, either indefinitely or for a stated
period of time, to participate in ADB-financed, administered, or
supported activities or to benefit from an ADB-financed,
administered, or supported contract, financially or otherwise, if it at
any time determines that the firm or individual has, directly or
through an agent, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations; and

(e) will have the right to require that a provision be included in bidding
documents and in contracts financed by ADB, requiring Bidders,
suppliers, and contractors to permit ADB or its representative to
inspect their accounts and records and other documents relating to
the bid submission and contract performance and to have them
audited by auditors appointed by ADB.

5.1 Eligible Bidders are as described in ADB Procurement Guidelines as stated


in the Financing Agreement and as described on ADB’s web page
www.adb.org

An Eligible Bidder shall be deemed to have the nationality of a country if it


is a citizen or constituted or incorporated, and operates in conformity with
the provisions of the laws of that country.

5.2 Eligible Bidders are as described in ADB Procurement Guidelines as stated


in the Financing Agreement and as described on ADB’s web page
www.adb.org.

5.4 Instruction is the same as the GoP Bid Data Sheet

8.1 Instruction is the same as the GoP Bid Data Sheet

8.2 Instruction is the same as the GoP Bid Data Sheet

9.1 Instruction is the same as the GoP Bid Data Sheet

10.1 Instruction is the same as the GoP Bid Data Sheet

10.4 Instruction is the same as the GoP Bid Data Sheet

12.1 The first envelope shall contain the following eligibility and technical
documents:

a. Eligibility Requirements

i. Registration Certification of the Company;


ii. List of relevant contracts that comply to the experience requirement

105
as specified in ITB Clause 5.4;
iii. Audited financial statement for the past two years;
iv. In case of Joint Venture, the JV Agreement, if existing, or a signed
statement from the partner companies that they will enter into a
JV in case of award of contract;
b. Technical Documents
(To Be Revisited)
v. Project Requirements, which shall include the following:

(v.1) 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; and

(v.2) 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;

vi. Bid Security or a Bid Securing Declaration as required in the ITB 18;

vii. Sworn statement in accordance with Section 25.3 of the IRR of RA


9184 and using the form prescribed in Section VIII. Bidding Forms;
and
viii. Credit line from a Universal or Commercial Bank extended in favor
of the bidder if awarded the contract for the project.
Foreign bidders may submit the equivalent documents, if any, issued by the
country of the foreign bidder.

12.1(a)(iii) Foreign bidders may submit their valid Philippine Contractors Accreditation
Board (PCAB) license or special PCAB License in case of joint ventures, and
registration for the type and cost of the contract for this Project as a pre-
condition for award as provided in the Financing Agreement.

13.1 Instruction is the same as the GoP Bid Data Sheet

13.1(b) This shall include the following document:

1) Priced Bill of Quantities

(To Be Revisited- the GOP’s requirements of detailed estimates and


cashflow/payment schedule)

13.2(a) and ABC does not apply as ceiling for bid prices
(b)

106
14.2 Instruction is the same as the GoP Bid Data Sheet

15.4 Instruction is the same as the GoP Bid Data Sheet

16.1 Instruction is the same as the GoP Bid Data Sheet

16.3 Instruction is the same as the GoP Bid Data Sheet

17.1 Instruction is the same as the GoP Bid Data Sheet

18.1 Instruction is the same as the GoP Bid Data Sheet

18.2 Instruction is the same as the GoP Bid Data Sheet

20.3 Instruction is the same as the GoP Bid Data Sheet

21 Instruction is the same as the GoP Bid Data Sheet

24.1 The BAC shall open the bids in public on [insert date and time of bid
opening], at [insert place of bid opening].

The time for the bid opening shall be the same as the deadline for receipt
of bids or promptly thereafter. Rescheduling the date of the opening of
bids shall not be considered except for force majeure, such as natural
calamities. In re-scheduling the opening of bids, the BAC shall issue a
Notice of Postponement to be posted at the PhilGEPS’ and the Procuring
Entity’s websites.

24.2 During bid opening, if the first envelope lacks any of the documents listed
in the ADB BDS 12.1, the bid shall be declared non-responsive but the
documents shall be kept by the Procuring Entity. Only the unopened
second envelope shall be returned to the Bidder.

24.3 The BAC shall immediately open the financial proposals in the second
envelope of the responsive bids. The bid price shall be read and recorded.

27.4 ABC does not apply as ceiling for bid prices.

28.2 Instruction is the same as the GoP Bid Data Sheet

31.4(f) Instruction is the same as the GoP Bid Data Sheet

(To Be Revisited together with the Technical Documents)

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Asian Development Bank Special Conditions of Contract
(Maybe subject to further changes)

GCC Clause

1.17 Instruction is the same as the GoP Special Condition of Contract

1.22 Instruction is the same as the GoP Special Condition of Contract

1.23 Instruction is the same as the GoP Special Condition of Contract

1.24 Instruction is the same as the GoP Special Condition of Contract

1.28 Instruction is the same as the GoP Special Condition of Contract

1.31 Instruction is the same as the GoP Special Condition of Contract

2.2 Instruction is the same as the GoP Special Condition of Contract

5.1 Instruction is the same as the GoP Special Condition of Contract

6.5 Instruction is the same as the GoP Special Condition of Contract

7.4(c) Instruction is the same as the GoP Special Condition of Contract

7.7 The Contractor shall be primarily and solely responsible for the acts,
defaults, and negligence of any subcontractor.

8.1 Instruction is the same as the GoP Special Condition of Contract

10 Instruction is the same as the GoP Special Condition of Contract

12.3 In case the Contractor fails to comply with the preceding paragraph, the
Procuring Entity shall forfeit its performance security. All payables of the
GoP in the Contractor's favor shall be offset to recover the costs.

12.5 Instruction is the same as the GoP Special Condition of Contract

13 Instruction is the same as the GoP Special Condition of Contract

18.3 (h) (i) In case it is determined prima facie by the Procuring Entity that the
Contractor has engaged, before or during the implementation of the
contract, in unlawful deeds and behaviors relative to contract acquisition
and implementation, such as, but not limited to, corrupt, fraudulent,
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collusive, coercive and obstructive practices as defined in ITB Clause 3.1(a)

21.2 Instruction is the same as the GoP Special Condition of Contract

29.1 Instruction is the same as the GoP Special Condition of Contract

31.1 Instruction is the same as the GoP Special Condition of Contract

31.3 Instruction is the same as the GoP Special Condition of Contract

34.3 The Funding Source is the Asian Development Bank through [indicate the
Loan/Grant/Financing No.] in the amount of [insert amount of funds].

39.1 Instruction is the same as the GoP Special Condition of Contract

40.1 Materials and equipment delivered on the site but not completely put in
place shall be included for payment.

40.3 If the Procuring Entity delays payment, the Contractor shall be paid
interest on such payment. Interest shall be calculated from the date by
which the payment should have been made up to the date when the late
payment is made at the annual rate of [insert percentage rate].

51.1 Instruction is the same as the GoP Special Condition of Contract

51.2 Instruction is the same as the GoP Special Condition of Contract

109
World Bank Bid Data Sheet

ITB Clause

1.1 The Procuring Entity is [insert name ].

The name of the Contract is [insert the name of the contract].

The identification number of the Contract is [insert identification number of


the contract].

2 The Funding Source is World Bank through [indicate the Financing


Agreement No.] in the amount of [insert amount of funds].

The name of the Project is [Insert the name of the project]

3.1 The World Bank Guidelines on Anti-Corruption, as stated in the Financing


Agreement and as annexed to the World Bank Standard Conditions of
Contract, shall be adopted.

5.1 The Financing Agreement provides that procurement shall follow the
Bank’s Procurement Guidelines and Section 1.8 thereof permits the
participation of firm from all countries except for those mentioned in
Section 1.10 thereof.

5.2 The Financing Agreement provides that procurement shall follow the
Bank’s Procurement Guidelines and Section 1.8 thereof permits the
participation of firm from all countries except for those mentioned in
Section 1.10 thereof.

5.4 Instruction is the same as the GoP Bid Data Sheet

8.1 Instruction is the same as the GoP Bid Data Sheet

8.2 Instruction is the same as the GoP Bid Data Sheet

9.1 Instruction is the same as the GoP Bid Data Sheet

10.1 Instruction is the same as the GoP Bid Data Sheet

10.4 Instruction is the same as the GoP Bid Data Sheet

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12.1 During Bid opening, if the first bid envelope lacks any of the following
documents, the bid shall be declared non-responsive.

The first envelope shall contain the following eligibility and technical
documents:

a. Eligibility Requirements

i. Registration Certification of the Company;

ii. List of relevant contracts that comply to experience requirement as


specified in ITB Clause 5.4;

iii. Audited financial statement for the past 2 years;

iv. In case of Joint Venture, the JV Agreement, if existing, or a signed


Statement from the partner companies that they will enter into a JV in case
of award of contract.

b. Technical Documents

v. Project Requirements, to include:

(v.1) 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;
and

(v.2) 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 equipment lessor/vendor for
the duration of the project;

vi. Bid Security or Bid Securing Declaration as required in ITB 18;

vii. Sworn statement in accordance with Section 25.3 of the IRR of RA 9184
and using the form prescribed in Section VIII. Bidding Forms.

viii. Credit line from a universal or commercial bank extended in favor of


the bidder is awarded the contract for the project.

Foreign bidders may submit the equivalent documents, if any, issued by the
country of the foreign bidder.

12.1(a)(iii) Foreign bidders may submit their valid Philippine Contractors Accreditation
Board (PCAB) license or special PCAB License in case of joint ventures, and
registration for the type and cost of the contract for this Project as a pre-
condition for award as provided in the Financing Agreement, and ITB Nos.

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12.1(b)(ii.2) and 12.1(b)(iii.3)

13.1 Instruction is the same as the GoP Bid Data Sheet

13.2 (a) & (b) ABC does not generally apply as a ceiling for bid prices.

However, subject to prior concurrence by the World Bank, a ceiling may be


applied to bid prices provided the following conditions are met:

a) 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.

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

c) 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.

d) The procuring entity has established a system to monitor and report


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

e) The procuring entity has established a monitoring and evaluation


system for contract implementation to provide a feedback on actual total
costs of goods and works.
14.2 Instruction is the same as the GoP Bid Data Sheet

15.4 Instruction is the same as the GoP Bid Data Sheet

16.1 Instruction is the same as the GoP Bid Data Sheet

16.3 Instruction is the same as the GoP Bid Data Sheet

17.1 Instruction is the same as the GoP Bid Data Sheet

18.1 Instruction is the same as the GoP Bid Data Sheet

18.2 Instruction is the same as the GoP Bid Data Sheet

112
20.3 Instruction is the same as the GoP Bid Data Sheet

21 Instruction is the same as the GoP Bid Data Sheet

24.1 The BAC shall open the bids in public on {insert date and time of bid
opening}, at {insert place of bid opening}.

The time for the bid opening shall be the same as the deadline for receipt
of bids or promptly thereafter. Rescheduling the date of the opening of
bids shall not be considered except for force majeure, such as natural
calamities. In re-scheduling the opening of bids, the BAC shall issue a
Notice of Postponement to be posted at the PhilGEPS’ and the Procuring
Entity’s websites.

24.2 During Bid opening, if the first envelope lacks any of the documents listed
in World Bank BDS 12.1, the bid shall be declared non-responsive but the
documents shall be kept by the Procuring Entity.

24.3 The financial proposals in the second envelope of all the bidders shall be
read for record purposes. The first and second envelopes shall not be
returned to the bidders.

27.4 ABC does not generally apply as a ceiling for bid prices; unless the
conditions mentioned in ITB No. 13.2 are obtaining and that there is prior
World Bank concurrence.

28.2 Instruction is the same as the GoP Bid Data Sheet

31.4(f) Instruction is the same as the GoP Bid Data Sheet

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World Bank Special Conditions of Contract

The World Bank adopts the provisions of the Special Conditions of Contract of the GOP as
contained in the Harmonized Philippine Bidding Documents dated ________, except GCC
Clauses 18.3(h)(i) and 18.4, 34.3as follows:

GCC Clause

18.3 (h) (i) The World Bank’s Guidelines On Preventing and Combating Fraud and
Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants
as annex herein shall be applied.

18.4 The World Bank is the Funding Source through Loan Agreement No.____.

34.3 The Funding Source is the World Bank.

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