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development academy of the philippines

BIDS & AWARDS COMMITTEE per SO#2018-119 dated October 24, 2018
Official Bidding Documents

(Alternative Mode of Procurement via
Negotiated Procurement after Two Failed
Biddings)
NOTE: This OBD is compliant with the Philippine Bidding Documents (Infrastructure), 5th Edition
(As Amended) prepared by GPPB.
Some minor changes have been made to suit the requirements of the
development academy of the philippines (dap)
as the Procuring Entity
for
ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH /
RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC
TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS,
EQUIPMENT, TOOLS, LABOR, AND SUPPLY &
INSTALLATION OF FIT-OUTS
Approved Budget for the Contract (ABC) of P4,000,000.00
Invitation to Bid No.: IB19-387299-04
DAP Bldg., San Miguel Avenue, Pasig City 1600

P.O. Box 12788, Ortigas Center, Pasig City 1600
Telephone:
(632) 631 0921 loc. 133
website:
http://www.dap.edu.ph
email address of BAC Secretariat:
[email protected]
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C:\Users\BAC-USERS\Documents\COTTAGES (NEGO)\FINAL_OBD_COTTAGES (Nego).docx

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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 mandatory (unless the Treaty or International or
Executive Agreement expressly provides use of foreign government/foreign or international financing institution
procurement guidelines) 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 (RA9184).
This PBDs is intended as a model for admeasurements (unit prices or unit rates in a
BOQ) 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,
 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. SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS;
 Section VII. DRAWINGS;
 Section VIII. BILL-of-QUANTITIES (BOQ);
 Section X. BID DOCUMENT CHECKLIST;
 Section XI. INSTRUCTION ON HOW TO FILL-OUT BOQ; and,
 Section XII. FILENAMES.
The forms to be used are provided in Section IX. BIDDING FORMS.

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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.
(c) This Preface and the footnotes or notes in italics included in the Invitation to
Bid, BDS, SCC, Specifications, Drawings, and BOQ 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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Official Bidding Documents

TABLE OF CONTENTS
SECTION I. INVITATION FOR NEGOTIATION ........................................ 5
SECTION II. INSTRUCTIONS TO BIDDERS .......................................... 8
SECTION III. BID DATA SHEET ....................................................... 35
SECTION IV. GENERAL CONDITIONS OF CONTRACT ........................... 43
SECTION V. SPECIAL CONDITIONS OF CONTRACT ............................. 73
SECTION VI. SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS ..... 76
SECTION VII. DRAWINGS ............................................................... 84
SECTION VIII. BILL-OF-QUANTITIES (BOQ) ....................................... 91
SECTION IX. BIDDING FORMS ........................................................ 93
SECTION X. BID DOCUMENT CHECKLIST ....................................... 115
SECTION XI. INSTRUCTIONS ON HOW TO FILL-OUT BOQ .................. 119
SECTION XII. FILENAMES ............................................................ 123
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Section I. INVITATION FOR NEGOTIATION

BIDS & AWARDS COMMITTEE per SO No. SO-2018-119 dated October 24, 2018
INVITATION FOR NEGOTIATED

PROCUREMENT
for the
ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH / RESTORE
OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE
OF DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY &
INSTALLATION OF FIT-OUTS
1. In view of the two (2) failed competitive public biddings, the development academy of
the philippines (dap), through its Bids and Awards Committee (BAC), invites interested
bidders to participate in the negotiation for the project: “ONE (1) LOT REPAIR/ REHAB/
RENOVATE / REFURBISH / RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY
INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY &
INSTALLATION OF FIT-OUTS” per IB No. IB19-387299-04, with an Approved Budget for
the Contract (ABC) of FOUR MILLION PESOS (P4,000,000.00), in accordance with
Section 53.1 of the 2016 Revised Implementing Rules and Regulation (IRR2016) of
Republic Act No.9184, otherwise known as the “Government Procurement Reform Act
(GPRA).
2. The completion of the Works is required within Ninety (90) calendar days from the receipt
of Notice-to-Proceed. 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. The DAP-BAC will hold a Negotiation Conference on 02 April 2019 (Tue), 10:00AM at
the DAP Conference Center, Tagaytay City which shall be opened to all interested
Bidders.
4. Only interested bidders who submitted their respective Letter-of-Intent to Participate will
be allowed in the Negotiation Conference. Interested bidders may send not more than two
(2) technical and/or administrative representatives who will prepare the bidding documents.
5. The Submission and Opening of Bids will be on 15 April 2019 (Mon), 10:00AM at the
DAP Bldg., San Miguel Ave., Pasig City. Bids shall contain the Eligibility and Technical
Documents, as well as the Financial Documents prescribed in the Bidding Documents,
particularly, in Section X. Bid Document Checklist. Required documents are as follows:
Class “A” – Eligibility Documents

Mark Document
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Class “A” – Eligibility Documents

Mark Document
E01 Photocopy of valid PhilGEPS Certificate of Registration under
PLATINUM Category.
E02 Statement of ALL ONGOING government and private contracts,
including contracts awarded but not yet started, if any.
E03 Statement of a SINGLE LARGEST COMPLETED CONTRACT
(SLCC) similar to the contract to be bid, and supported by photocopy of
the Owner‟s:
 Certificate of Final Acceptance/Completion, whichever is applicable;
or
 Final rating of at least “Satisfactory” in the Constructors Performance
Evaluation System (CPES).
E04 NFCC computation of at least equal to the ABC.
E05 Photocopy of valid PCAB License and Registration.
Class “B” – Eligibility Documents
Mark Document
E06 If applicable, valid Joint Venture Agreement (JVA), in case the joint venture is
already in existence, or duly notarized statements from all the potential joint
venture partners stating that they will enter into and abide by the provisions of
the JVA in the instance that the bid is successful, shall be included in the bid.
Note: as minimum requirement, ALL JV MEMBERS should submit their
respective PhilGEPS Certificate of Registration under PLATINUM Category.
Technical Documents
Mark Document
T01 Bid Security in any of the prescribed forms.
T02 Certificate of Site Inspection duly signed by the DAP‟s authorized
representative.
T03 Duly signed Organizational Structure for the Project to be bid.
T04 Duly signed list of bidder‟s Key Personnel to be assigned to the Project.
T05 Duly signed list of bidder‟s Major Equipment units (indicate if owned,
leased and/or under purchase agreement) using the prescribed form.
T06 Notarized Omnibus Sworn Statement using the prescribed form.
T07 USB Thumb Drive containing electronic-copies of the submitted bid
proposal (eligibility documents and technical documents)
Financial Bid Requirements

Mark Document
F01 Financial Bid using the prescribed form
F02 Duly signed Bill of Quantities
F03 Duly signed Payment Schedule
F04 USB Thumb Drive containing electronic-copies of the submitted bid
proposal (financial documents)
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6. Bidding is restricted to Filipino citizens/sole proprietorship, partnerships, or organizations

with at least seventy-five percent (75%) interest or outstanding capital stock belonging to
citizens of the Philippines.
7. A complete set of the Official Bidding Documents (OBD) may be acquired by interested
bidders on 21 March 2019 (Thursday) to 02 April 2019 (Tuesday) from 9:00AM to
4:30PM from the address below and upon payment of the non-refundable applicable fee for
the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the
amount of THREE THOUSAND PESOS (P3,000.00).
It may also be downloaded free of charge from the website of the Philippine Government
Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity,
provided that bidder/s, who is/are interested to participate shall pay the applicable non-
refundable fee for the Bidding Documents on or before the submission of their bids.
Interested bidders who have previously purchased the bidding documents will no longer
pay, instead, they may submit a new set of documents during the scheduled submission of
bids.
8. Bids in excess of the Approved Budget for the Contract shall be automatically rejected.
9. Bids must be duly received by the BAC Secretariat at the address below on or before 15
April 2019 (Monday) at 10:00AM. All bids must be accompanied by a bid security in
any of the acceptable forms and in the amount stated in ITB Clause 18. LATE BIDS
SHALL NOT BE ACCEPTED.
10. Bid opening shall be on 15 April 2019 (Monday) at 10:01AM at DAP Bldg., Pasig City.
Bids will be opened in the presence of the bidders‟ representatives who choose to attend at
the address below.
11. The dap 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.
12. For further information, please contact:
ATTY. REMUS ROMANO A. REYES

Director, BAC Secretariat
Development Academy of the Philippines
3F DAP Bldg., San Miguel Avenue, Pasig City 1600
P.O. Box 12788 Ortigas Center, Pasig City 1600 Philippines
Telephone No.
: (632) 631-0921 loc. 133
BAC Secretariat email
: [email protected]
Website address
: http://www.dap.edu.ph
For the DAP Bids & Awards Committee:
-original signed- -original signed-

MONINA A.R. DE ARMAS BERNARDO A. DIZON
VP / MD of Administrative Department Sr. Vice-President, Services
Vice-Chairperson, BAC Chairperson, BAC
>> Nothing Follows <<
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Section II. INSTRUCTIONS TO BIDDERS

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

27. Detailed Evaluation and Comparison of Bids .........................................................29
28. Post Qualification ....................................................................................................30
29. Reservation Clause ..................................................................................................31
F. AWARD OF CONTRACT ...............................................................................................32
30. Contract Award .......................................................................................................32
31. Signing of the Contract ...........................................................................................32
32. Performance Security ..............................................................................................33
33. Notice to Proceed ....................................................................................................34
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. SCHEDULE OF REQUIREMENTS
AND SPECIFICATIONS.
1.2. The name, identification, and number of lots specific to this bidding are
provided in the BDS. The contracting strategy and basis of evaluation of
lots is described in ITB Clause 27.
1.3. The successful Bidder will be expected to complete the Works by the
intended completion date specified in SCC Clause 1.17.
2. Source of Funds
The Procuring Entity has a budget or received funds from the Funding Source named
in the BDS, and in the amount indicated in the BDS. It intends to apply part of the
funds received for the Project, as defined in the BDS, to cover eligible payments
under the Contract for the Works.
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive

Practices
3.1. Unless otherwise specified in the BDS, the Procuring Entity, as well as
bidders and contractors, shall observe the highest standard of ethics during
the procurement and execution of the contract. In pursuance of this policy,
the Funding Source:
(a) defines, for purposes of this provision, the terms set forth below as
follows:
(i) "corrupt practice" means behavior on the part of officials in
the public or private sectors by which they improperly and
unlawfully enrich themselves, others, or induce others to do
so, by misusing the position in which they are placed, and
includes the offering, giving, receiving, or soliciting of
anything of value to influence the action of any such
official in the procurement process or in contract execution;
entering, on behalf of the Procuring Entity, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby, and similar acts as
provided in Republic Act 3019;
(ii) "fraudulent practice" means a misrepresentation of facts in
order to influence a procurement process or the execution
of a contract to the detriment of the Procuring Entity, and
includes collusive practices among Bidders (prior to or after
Bid submission) designed to establish bid prices at
artificial, non-competitive levels and to deprive the
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Procuring Entity of the benefits of free and open

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competition;
(iii) “collusive practices” means a scheme or arrangement
between two or more Bidders, with or without the
knowledge of the Procuring Entity, designed to establish
bid prices at artificial, non-competitive levels; and
(iv) “coercive practices” means harming or threatening to harm,
directly or indirectly, persons, or their property to influence
their participation in a procurement process, or affect the
execution of a contract;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to an administrative
proceedings or investigation or making false
statements to investigators in order to materially
impede an administrative proceedings or
investigation of the Procuring Entity or any foreign
government/foreign or international financing
institution into allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or threatening,
harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to
the administrative proceedings or investigation or
from pursuing such proceedings or investigation; or
(bb) acts intended to materially impede the exercise of
the inspection and audit rights of the Procuring
Entity or any foreign government/foreign or
international financing institution herein.
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent
practices in competing for the Contract; and
(c) will declare a firm ineligible, either indefinitely or for a stated
period of time, to be awarded Contract funded by the Funding
Source if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing or, or in executing, a
Contract funded by the Funding Source.
3.2. Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under the applicable
laws on individuals and organizations deemed to be involved in any of the
practices mentioned in ITB Clause 3.1(a).
3.3. Furthermore, the Funding Source and the Procuring Entity reserve the
right to inspect and audit records and accounts of a contractor in the
bidding for and performance of a contract themselves or through
independent auditors as reflected in the GCC Clause 34.
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4. Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to
participate in the procurement at hand, without prejudice to the imposition
of appropriate administrative, civil, and criminal sanctions. A Bidder may
be considered to have conflicting interests with another Bidder in any of
the events described in paragraphs (a) through (c) and a general conflict of
interest in any of the circumstances set out in paragraphs (d) through (g)
below:
(a) A Bidder has controlling shareholders in common with another
Bidder;
(b) A Bidder receives or has received any direct or indirect subsidy
from any other Bidder;
(c) A Bidder has the same legal representative as that of another
Bidder for purposes of this Bid;
(d) A Bidder has a relationship, directly or through third parties, that
puts them in a position to have access to information about or
influence on the bid of another Bidder or influence the decisions of
the Procuring Entity regarding this bidding process;
(e) A Bidder submits more than one bid in this bidding process.
However, this does not limit the participation of subcontractors in
more than one bid;
(f) A Bidder who participated as a consultant in the preparation of the
design or technical specifications of the goods and related services
that are the subject of the bid; or
(g) A Bidder who lends, or temporarily seconds, its personnel to firms
or organizations which are engaged in consulting services for the
preparation related to procurement for or implementation of the
project, if the personnel would be involved in any capacity on the
same project.
4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding
Documents shall be accompanied by a sworn affidavit of the Bidder that it
is not related to the Head of the Procuring Entity (HoPE), members of the
Bids and Awards Committee (BAC), members of the Technical Working
Group (TWG), members of the BAC Secretariat, the head of the Project
Management Office (PMO) or the end-user unit, and the project
consultants, by consanguinity or affinity up to the third civil degree. On
the part of the Bidder, this Clause shall apply to the following persons:
(a) If the Bidder is an individual or a sole proprietorship, to the Bidder
himself;
(b) If the Bidder is a partnership, to all its officers and members;
(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
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(e) If the Bidder is a joint venture (JV), the provisions of items (a), (b),
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(c) or (d) of this Clause shall correspondingly apply to each of the

members of the said JV, as may be appropriate.
Relationship of the nature described above or failure to comply with this
Clause will result in the automatic disqualification of a Bidder.
5. Eligible Bidders
5.1. Unless otherwise indicated in the BDS, the following persons shall be
eligible to participate in this Bidding:
(a) Duly licensed Filipino citizens/sole proprietorships;
(b) Partnerships duly organized under the laws of the Philippines and
of which at least seventy five percent (75%) of the interest belongs
to citizens of the Philippines;
(c) Corporations duly organized under the laws of the Philippines, and
of which at least seventy five percent (75%) of the outstanding
capital stock belongs to citizens of the Philippines;
(d) Cooperatives duly organized under the laws of the Philippines.
(e) Persons/entities forming themselves into a JV, i.e., a group of two
(2) or more persons/entities that intend to be jointly and severally
responsible or liable for a particular contract: Provided, however,
that, in accordance with Letter of Instructions No. 630, Filipino
ownership or interest of the joint venture concerned shall be at least
seventy five percent (75%): Provided, further, that joint ventures in
which Filipino ownership or interest is less than seventy five
percent (75%) may be eligible where the structures to be built
require the application of techniques and/or technologies which are
not adequately possessed by a person/entity meeting the seventy
five percent (75%) Filipino ownership requirement: Provided,
finally, that in the latter case, Filipino ownership or interest shall
not be less than twenty five percent (25%). For this purpose,
Filipino ownership or interest shall be based on the contributions of
each of the members of the joint venture as specified in their JVA.
5.2. The Procuring Entity may also invite foreign bidders when provided for
under any Treaty or International or Executive Agreement as specified in
the BDS.
5.3. Government owned or controlled corporations (GOCCs) may be eligible to
participate only if they can establish that they (a) are legally and
financially 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
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Allowable Range of Contract Cost (ARCC) of their registration based on

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the guidelines as prescribed by the PCAB.

(b) For Foreign-funded Procurement, the Procuring Entity and the foreign
government/foreign or international financing institution may agree on
another track record requirement, as specified in the BDS.
For this purpose, contracts similar to the Project shall be those described in
the BDS.
5.5. The Bidder must submit a computation of its Net Financial Contracting
Capacity (NFCC), which must be at least equal to the ABC to be bid,
calculated as follows:
NFCC = [(Current assets minus current liabilities) (15)] minus the
value of all outstanding or uncompleted portions of the projects under
ongoing contracts, including awarded contracts yet to be started
coinciding with the contract for this Project.
The values of the domestic bidder‟s current assets and current liabilities
shall be based on the latest Audited Financial Statements (AFS) submitted
to the BIR.
For purposes of computing the foreign bidders‟ NFCC, the value of the
current assets and current liabilities shall be based on their audited
financial statements prepared in accordance with international financial
reporting standards.
6. Bidder’s Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section IX. Bidding Forms as required
in ITB Clause 12.1(b) (iii).
6.2. The Bidder is responsible for the following:
(a) Having taken steps to carefully examine all of the Bidding
Documents;
(b) Having acknowledged all conditions, local or otherwise, affecting
the implementation of the contract;
(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;
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(g) Authorizing the HoPE or its duly authorized representative/s to

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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.
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,
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forms, terms, and project requirements in the Bidding Documents.

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6.4. It shall be the sole responsibility of the prospective bidder to determine

and to satisfy itself by such means as it considers necessary or desirable as
to all matters pertaining to this Project, including: (a) the location and the
nature of the contract, project, or work; (b) climatic conditions; (c)
transportation facilities; (c) nature and condition of the terrain, geological
conditions at the site communication facilities, requirements, location and
availability of construction aggregates and other materials, labor, water,
electric power and access roads; and (d) other factors that may affect the
cost, duration and execution or implementation of the contract, project, or
work.
6.5. The Procuring Entity shall not assume any responsibility regarding
erroneous interpretations or conclusions by the prospective or eligible
bidder out of the data furnished by the procuring entity. However, the
Procuring Entity shall ensure that all information in the Bidding
Documents, including supplemental/bid bulletins issued are correct and
consistent.
6.6. Before submitting their bids, the Bidders are deemed to have become
familiar with all existing laws, decrees, ordinances, acts and regulations of
the Philippines which may affect the contract in any way.
6.7. The Bidder shall bear all costs associated with the preparation and
submission of his bid, and the Procuring Entity will in no case be
responsible or liable for those costs, regardless of the conduct or outcome
of the bidding process.
6.8. The Bidder should note that the Procuring Entity will accept bids only
from those that have paid the applicable fee for the Bidding Documents at
the office indicated in the Invitation to Bid.
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
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implementation. If the Bidder opts to disclose the name of the

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subcontractor during bid submission, the Bidder shall include the required
documents as part of the technical component of its bid.
B. CONTENTS OF BIDDING DOCUMENTS

9. Pre-Bid Conference
9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the
venue and on the date indicated therein, to clarify and address the Bidders‟
questions on the technical and financial components of this Project.
(b) The pre-bid conference shall be held at least twelve (12) calendar days
before the deadline for the submission of and receipt of bids, but not
earlier than seven (7) calendar days from the posting of the Invitation to
Bid/Bidding Documents in the PhilGEPS website. If the Procuring Entity
determines that, by reason of the method, nature, or complexity of the
contract to be bid, or when international participation will be more
advantageous to the GoP, a longer period for the preparation of bids is
necessary, the pre-bid conference shall be held at least thirty (30) calendar
days before the deadline for the submission and receipt of bids, as
specified in the BDS.
9.2. Bidders are encouraged to attend the pre-bid conference to ensure that
they fully understand the Procuring Entity‟s requirements. Non-
attendance of the Bidder will in no way prejudice its bid; however, the
Bidder is expected to know the changes and/or amendments to the Bidding
Documents as recorded in the minutes of the pre-bid conference and the
Supplemental/Bid Bulletin. The minutes of the pre-bid conference shall be
recorded and prepared not later than five (5) calendar days after the pre-bid
conference. The minutes shall be 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
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the Bidding Documents not later than seven (7) calendar days before the
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deadline for the submission and receipt of Bids. Any modification to the
Bidding Documents shall be identified as an amendment.
10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in
the PhilGEPS and the website of the Procuring Entity concerned, if
available, and at any conspicuous place in the premises of the Procuring
Entity concerned. It shall be the responsibility of all Bidders who have
properly secured the Bidding Documents to inquire and secure
Supplemental/Bid Bulletins that may be issued by the BAC. However,
Bidders who have submitted bids before the issuance of the
Supplemental/Bid Bulletin must be informed and allowed to modify or
withdraw their bids in accordance with ITB 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.
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The two statements required shall indicate for each contract

the following:
(ii.1) name of the contract;
(ii.2) date of the contract;
(ii.3) contract duration;
(ii.4) owner‟s name and address;
(ii.5) nature of work;
(ii.6) contractor‟s role (whether sole contractor,
subcontractor, or partner in a JV) and percentage of
participation;
(ii.7) total contract value at award;
(ii.8) date of completion or estimated completion time;
(ii.9) total contract value at completion, if applicable;
(ii.10) percentages of planned and actual accomplishments,
if applicable; and
(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 CONTRACTORs
Performance Evaluation System (CPES) Final Rating,
which must be at least satisfactory. In case of contracts with
the private sector, an equivalent document shall be
submitted;
(iii) Unless otherwise provided in the BDS, a valid special
PCAB License in case of joint ventures, and registration for
the type and cost of the contract for this Project; and
(iv) NFCC computation in accordance with ITB Clause 5.5.
Class “B” Documents
(v) If applicable, Joint Venture Agreement (JVA) in
accordance with RA 4566.
(b) Technical Documents –
(i) Bid security in accordance with ITB Clause 18. If the
Bidder opts to submit the bid security in the form of:
(i.1) a bank draft/guarantee or an irrevocable letter of
credit issued by a foreign bank, it shall be
accompanied by a confirmation from a Universal or
Commercial Bank; or
(i.2) a surety bond accompanied by a certification
coming from the Insurance Commission that the
surety or insurance company is authorized to issue
such instruments.
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(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. The financial component of the bid shall contain the following:
(a) Financial Bid Form, which includes bid prices and the BOQ, in
accordance with ITB Clauses 15.1 and 15.3; and
(b) Any other document related to the financial component of the bid
as stated in the BDS.
13.2. (a) Unless otherwise stated in the BDS, all Bids that exceed the ABC shall
not be accepted.
(b) Unless otherwise indicated in the BDS, for foreign-funded
procurement, a ceiling may be applied to bid prices provided the
following conditions are met:
(i) Bidding Documents are obtainable free of charge on a freely
accessible website. If payment of Bidding Documents is
required by the procuring entity, payment could be made
upon the submission of bids.
(ii) The procuring entity has procedures in place to ensure that the
ABC is based on recent estimates made by the engineer or the
responsible unit of the procuring entity and that the estimates
are based on adequate detailed engineering (in the case of
infrastructure projects) and reflect the quality, supervision
and risk and inflationary factors, as well as prevailing market
prices, associated with the types of works or goods to be
procured.
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(iii) The procuring entity has trained cost estimators on estimating

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prices and analyzing bid variances. In the case of

infrastructure projects, the procuring entity must also have
trained quantity surveyors.
(iv) The procuring entity has established a system to monitor and
report bid prices relative to ABC and engineer‟s/procuring
entity‟s estimate.
(v) The procuring entity has established a monitoring and
evaluation system for contract implementation to provide a
feedback on actual total costs of goods and works.
14. Alternative Bids

14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is an
offer made by a Bidder in addition or as a substitute to its original bid
which may be included as part of its original bid or submitted separately
therewith for purposes of bidding. A bid with options is considered an
alternative bid regardless of whether said bid proposal is contained in a
single envelope or submitted in two (2) or more separate bid envelopes.
14.2. Bidders shall submit offers that comply with the requirements of the
Bidding Documents, including the basic technical design as indicated in
the drawings and specifications. Unless there is a value engineering clause
in the BDS, alternative bids shall not be accepted.
14.3. Each Bidder shall submit only one Bid, either individually or as a partner
in a JV. A Bidder who submits or participates in more than one bid (other
than as a subcontractor if a subcontractor is permitted to participate in
more than one bid) will cause all the proposals with the Bidder‟s
participation to be disqualified. This shall be without prejudice to any
applicable criminal, civil and administrative penalties that may be imposed
upon the persons and entities concerned.
15. Bid Prices

15.1. The contract shall be for the whole Works, as described in ITB Clause 1.1,
based on the priced BOQ submitted by the Bidder.
15.2. The Bidder shall fill in rates and prices for all items of the Works
described in the BOQ. Bids not addressing or providing all of the required
items in the Bidding Documents including, where applicable, BOQ, 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.
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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.
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.
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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 Two percent
Universal or Commercial Bank. (2%)
(b) Bank draft/guarantee or irrevocable letter of Two percent

credit issued by a Universal or Commercial (2%)
Bank: Provided, however, that it shall be
confirmed or authenticated by a Universal or
Commercial Bank, if issued by a foreign bank.
(c) Surety bond callable upon demand issued by a Five percent
surety or insurance company duly certified by (5%)
the Insurance Commission as authorized to issue
such security;
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:
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(i) withdraws its bid during the period of bid validity specified
in ITB Clause 17;
(ii) does not accept the correction of errors pursuant to ITB
Clause 27.3(b);
(iii) has a finding against the veracity of the required documents
submitted in accordance with ITB Clause 28.2;
(iv) submission of eligibility requirements containing false
information or falsified documents;
(v) submission of bids that contain false information or
falsified documents, or the concealment of such information
in the bids in order to influence the outcome of eligibility
screening or any other stage of the public bidding;
(vi) allowing the use of one‟s name, or using the name of
another for purposes of public bidding;
(vii) withdrawal of a bid, or refusal to accept an award, or enter
into contract with the Government without justifiable cause,
after the Bidder had been adjudged as having submitted the
LCRB;
(viii) refusal or failure to post the required performance security
within the prescribed time;
(ix) refusal to clarify or validate in writing its bid during post-
qualification within a period of seven (7) calendar days
from receipt of the request for clarification;
(x) any documented attempt by a Bidder to unduly influence
the outcome of the bidding in his favor;
(xi) failure of the potential joint venture partners to enter into
the joint venture after the bid is declared successful; or
(xii) all other acts that tend to defeat the purpose of the
competitive bidding, such as habitually withdrawing from
bidding, submitting late Bids or patently insufficient bid,
for at least three (3) times within a year, except for valid
reasons.
(b) if the successful Bidder:
(i) fails to sign the contract in accordance with ITB Clause 31;
(ii) fails to furnish performance security in accordance with
ITB Clause 32.
19. Format and Signing of Bids

19.1 Bidders shall submit their bids through their duly authorized representative
using the appropriate forms provided in Section IX. Bidding Forms on or
before the deadline specified in the ITB Clause 21 in two (2) separate sealed
bid envelopes, and which shall be submitted simultaneously. The first shall
contain the technical component of the bid, including the eligibility
24
requirements under ITB Clause 12.1, and the second shall contain the
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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 BOQ, 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;
(c) be addressed to the Procuring Entity‟s BAC in accordance with
ITB Clause 21;
(d) bear the specific identification of this bidding process indicated in
the ITB Clause 1.1; 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
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submitted. The BAC or the Procuring Entity shall assume no responsibility

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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 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
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18.5, and the imposition of administrative, civil, and criminal sanctions as

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prescribed by RA9184 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.
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 DVDA for cooperatives;
b) Mayor‟s/Business permit issued by the local government where the
principal place of business of the Bidder is located; and
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c) Audited Financial Statements showing, among others, the prospective

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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.
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.
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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, BOQ, 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 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 BOQ.
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
29
and evaluated simultaneously so as to determine the bid or combination of

bids offering the lowest calculated cost to the Procuring Entity. Bid prices
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quoted shall correspond to all of the requirements specified for each lot.
Bid Security as required by ITB Clause 18 shall be submitted for each
contract (lot) separately. The basis for evaluation of lots is specified in
BDS Clause 27.3.
28. Post Qualification

28.1. The BAC shall determine to its satisfaction whether the Bidder that is
evaluated as having submitted the Lowest Calculated Bid complies with
and is responsive to all the requirements and conditions specified in ITB
Clauses 5, 12, and 13.
28.2. Within a non-extendible period of five (5) calendar days from receipt by
the Bidder of the notice from the BAC that it submitted the Lowest
Calculated Bid, the Bidder shall submit its latest income and business tax
returns filed and paid through the BIR Electronic Filing and Payment
System (eFPS) and other appropriate licenses and permits required by law
and stated in the BDS.
Failure to submit any of the post-qualification requirements on time, or a
finding against the veracity thereof, shall disqualify the Bidder for award.
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
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post-qualification of the Bidder with the next Lowest Calculated Bid. A

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request for reconsideration may be filed by the Bidder with the HoPE in
accordance with Section 37.1.3 of the IRR of RA9184.
29. Reservation Clause

29.1. Notwithstanding the eligibility or post-qualification of a Bidder, the
Procuring Entity concerned reserves the right to review its qualifications at
any stage of the procurement process if it has reasonable grounds to
believe that a misrepresentation has been made by the said Bidder, or that
there has been a change in the Bidder‟s capability to undertake the project
from the time it submitted its eligibility requirements. Should such review
uncover any misrepresentation made in the eligibility and bidding
requirements, statements or documents, or any changes in the situation of
the Bidder which will affect its capability to undertake the project so that it
fails the preset eligibility or bid evaluation criteria, the Procuring Entity
shall consider the said Bidder as ineligible and shall disqualify it from
submitting a bid or from obtaining an award or contract.
29.2. Based on the following grounds, the Procuring Entity reserves the right to
reject any and all Bids, declare a Failure of Bidding at any time prior to the
contract award, or not to award the contract, without thereby incurring any
liability, and make no assurance that a contract shall be entered into as a
result of the bidding:
(a) If there is prima facie evidence of collusion between appropriate
public officers or employees of the Procuring Entity, or between
the BAC and any of the Bidders, or if the collusion is between or
among the Bidders themselves, or between a Bidder and a third
party, including any act which restricts, suppresses or nullifies or
tends to restrict, suppress or nullify competition;
(b) If the Procuring Entity‟s BAC is found to have failed in following
the prescribed bidding procedures; or
(c) For any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the 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-
31
qualification; or
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(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 RA9184.
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 RA9184.
31. Signing of the Contract

31.1. At the same time as the Procuring Entity notifies the successful Bidder that
its bid has been accepted, the Procuring Entity shall send the Contract
Form to the Bidder, which Contract has been provided in the Bidding
Documents, incorporating therein all agreements between the parties.
31.2. Within ten (10) calendar days from receipt of the Notice of Award, the
successful Bidder shall post the required performance security, sign and
date the contract and return it to the Procuring Entity.
31.3. The Procuring Entity shall enter into contract with the successful Bidder
32
within the same ten (10) calendar day period provided that all the
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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:
Form of Performance Security AMOUNT of Performance
Security (Not less than the
% of the Total Contract
Price)
(a) Cash or cashier‟s/manager‟s check issued Ten percent (10%)
by a Universal or Commercial Bank.
(b) Bank draft/guarantee or irrevocable letter Ten percent (10%)
of credit issued by a Universal or
Commercial Bank: Provided, however,
that it shall be confirmed or authenticated
by a Universal or Commercial Bank, if
issued by a foreign bank.
(c) Surety bond callable upon demand issued Thirty percent (30%)
by a surety or 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
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qualification of the second Lowest Calculated Bid. The procedure shall be

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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 RA9184.
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Section III. BID DATA SHEET

ITB Clause Details of BID DATA SHEET
1.1 Procuring The Procuring Entity is development academy of the philippines (dap).
Entity
The name of the Contract is “ONE (1) LOT REPAIR/ REHAB/ RENOVATE /
REFURBISH / RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY
INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR, AND
SUPPLY & INSTALLATION OF FIT-OUTS”.
The identification number of the Contract is IB19-387299-04.
2 Source of Funds The Funding Source is the Government of the Philippines (GoP) through
the approved General Appropriations Act of FY2018 in the amount of
FOUR MILLION PESOS (P4,000,000.00).
3.1 Observe Bidders and their representatives are expected to conduct themselves
Highest Standard courteously and politely at all times during all meetings in connection with
of Ethics
the bidding process.
5.1 Eligible to No further instructions.
Participate
5.2 Invite Foreign Bidding is restricted to eligible bidders as defined in ITB Clause 5.1.
Bidders
5.4(a) Single The Bidder must have completed a Single Largest Completed Contract
Largest Completed (SLCC) that is similar to this Project, and whose value, adjusted to the
Contract
current prices using the Philippine Statistics Authority (PSA) consumer price
indices, must be equivalent to at least fifty percent (50%) of the ABC as
prescribed in Rule VIII, Section 23.4.1.3 of the 2016 Revised IRR of
RA9184.
5.4(b) Foreign- Not Applicable.
funded
Procurement
8.1 Sub- Subcontracting is not allowed.
contracting
8.2 Sub- No further instructions.
contractor’s
Eligibility
8.3 Sub- No further instructions.
contractor’s
Identification
9.1 Negotiation The Procuring Entity will hold a Negotiation Conference for this Project on
Conference Date, 02 April 2019 (Tuesday) at 10:00 AM to be held at DAP Conference
Time & Venue
Center in Tagaytay City.
10.1 Request for The dap‟s address and contact person is:
Clarification (s) for
those who Atty. REMUS ROMANO A. REYES
purchased Bidding Director, BAC Secretariat
Documents 3rd Floor, dap Bldg., San Miguel Avenue, Pasig City 1600
Tel No. (632)631-0921 loc. 133
BAC Secretariat email address: [email protected]
12.1 Contents of No further instructions.
First Envelope
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12.1(a) Eligibility Bidders shall submit the following:
Documents
1. Valid PhilGEPS Certificate of Registration under PLATINUM
CATEGORY (per GPPB Circular 07-2017, dated 31July2017);
2. 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. Submit
accomplished FORM 1: STATEMENT OF ALL ONGOING CONTRACTS
INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED;
3. Statement of its Single Largest Completed Contract (SLCC), in
accordance with BDS clause 5.4(a), similar to the contract to be bid and
supported by a Certificate of Completion/Final Acceptance issued by the
project owner or a final rating of at least Satisfactory in the Constructors
Performance Evaluation System (CPES). Submit accomplished FORM 2:
STATEMENT OF BIDDER'S SINGLE LARGEST COMPLETED CONTRACT
(SLCC);
4. NFCC computation of at least equal to the ABC in accordance with ITB
Clause 5.5. Submit accomplished FORM 3: NET FINANCIAL
CONTRACTING CAPACITY (NFCC);
5. Valid PCAB License and Registration; and
6. Special PCAB License, if bidders are in Joint Venture Agreement (JVA).
Note: Any special license application for joint venture or consortium
license must be filed with PCAB at least five (5) working days before
the bidding (per Board Resolution No.186 series of 2014 issued by
Department of Trade and Industry).
12.1(b)Technical Bidders shall submit the following Technical Documents:
Documents
1. Bid Security in accordance with BDS Clause 18.1; and,
2. Project Requirements, which shall include the following:
2.1. Certificate of Site Inspection duly signed by any of the following
(please refer to FORM 5: CERTIFICATE OF SITE INSPECTION):
 ERMARIE A. MONDEJAR
Managing Director, DAP Conference Center
 PAG-ASA L. DOGELIO
Resident Director, DAP Conference Center – Tagaytay
 ALBERTO ANGELO M. JIMENEZ
Engineer II, DAP Conference Center – Tagaytay
2.2. Duly signed proposed Organizational Chart for the Project;
2.3. List of Bidder’s Key Personnel for the Project with qualification and
work experience in accordance with BDS Clause 12.1(b)(ii.2).
2.3.1. Project Manager as the authorized person who can decide for and
behalf of the Bidder relative to the progress/changes/adjustments
during the implementation;
2.3.2. Project Architect;
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2.3.3. Professional Electrical Engineer;
2.3.4. Sanitary Engineer or Master Plumber;
2.3.5. Safety Officer;
2.3.6. Professional Electronics Engineer or Professional Electronics &
Communications Engineer; and,
2.3.7. Foreman.
2.4. Duly accomplished and signed list of Bidder’s available equipment
units as specified in BDS Clause 12.1(b)(ii.3), which are owned,
leased and/or under purchase agreements. The Bidder shall state a
complete technical description of the pledged equipment. (please refer
to FORM 6: LIST OF MAJOR EQUIPMENT UNITS);
3. Duly Notarized Omnibus Sworn Statement (please refer to FORM 7:
OMNIBUS SWORN STATEMENT); and,
4. USB thumb drives containing electronic-copies of the submitted bid
proposal (eligibility documents and technical documents) as explained in
“Section XII. FILENAMES” of this OBD.
12.1(b)(ii.2) The minimum qualification and work experience requirements of Bidder‟s key
Personnel personnel are the following:
Qualification and
Experience Key Personnel Qualification and Experience
1. PROJECT  Shall be a licensed Civil Engineer;
MANAGER  With at least five (5) years professional
experience in the construction industry; and,
 Shall render full time services for this Project
until its completion and turn-over, as required
by the contract.
2. PROJECT  Shall be a licensed Architect;

ARCHITECT  With at least Three (3) years of experience;
and,
 Shall render services as-required for this
Project as required by the contract.
3. PROFESSIONAL  Shall be a Professional Electrical Engineer;

ELECTRICAL  With at least Three (3) years of experience;
ENGINEER and,
 Shall render services for this Project as
required by the contract.
4. SANITARY  Shall be a licensed Sanitary Engineer or

ENGINEER/ Registered Master Plumber;
MASTER PLUMBER  With at least Three (3) years of experience;
and,
 Shall render services for this Project as
required by the contract.
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5. SAFETY OFFICER  Shall have least three (3) years of experience in

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the construction industry;
 Completed Occupational Safety and Health
Training; and,
 Shall render services as-required for this
Project as required by the contract.
6. PROFESSIONAL  Shall be a Professional Electronics Engineer or

ELECTRONICS Professional Electronics and Communication
ENGINEER OR Engineer;
PROFESSIONAL  With at least Three (3) years of experience;
ELECTRONICS & and,
COMMUNICATIONS  Shall render services for this Project as
ENGINEER required by the contract.
7. FOREMAN  Shall be at least High School graduate;

 With at least five (5) years of experience as
foreman in the construction industry; and,
 Shall render full-time services for this Project
until its completion and turn-over.
INSTRUCTIONS to BIDDERS:
 Designation of key personnel to more than one of the above stated
fields/professions is not allowed.
 The Contractor may assign other support personnel from those listed, for
the optimal performance of the Project Construction Team. The support
personnel shall undertake the required day-to-day site or office-related
activities of the Contractor.
 Full time services means the personnel involved shall render minimum
of 8 hours a day or 40 hours a week and shall be available upon request
by the Project Owner.
12.1(b)(ii.3) List of The Bidder to state a complete description of the following required
Contractor’s Major equipment or its equivalent:
Equipment
1. Jackhammer
2. Power Tools (i.e. Grinder, Tile Trimmer, Hand Drill, etc.)
3. Safety Equipment (PPE)/ Paraphernalia
4. Other equipment, please specify
13.1 Contents of Bidders shall submit the following documents using the prescribed forms:
Financial
Component of the 1. Financial Bid Form in accordance with ITB Clause 13.1(a).
Bid
 Accomplished “FORM 10: FINANCIAL BID FORM” with file
found in the Digital Versatile Disc (DVD) issued to the bidder;
 The form should be accomplished using the bidder‟s letterhead,
signed copy should be submitted as part of the financial bid
documents marked as “F01”;
 The breakdown of the Financial Bid must be detailed in the
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required format of Bill-of-Quantities (BOQ); and,
 The signed copy of this document (in pdf format) must be part of
the electronic files that should be contained in the USB Thumb
Drive submitted by the bidder.
2. Other documents related to financial component of the bid in accordance
to ITB Clause 13.1(b):
2.1. Bid Prices, as filled-out in the BOQ.
 Should be prepared using the worksheet provided, See Section
XI: Instructions on How to Fill-Out the BOQ (please refer to
“F02_XXX=EXCEL_Bill-of-Quantities=<BidderName>” for the
format with file found in the DVD issued to the Bidder);
 Print in size-A3 paper (11.7 inches x 16.5 inches);
 Every page must be signed by the Bidder‟s duly authorized
representative and should be submitted as part of the financial bid
documents marked as “F02”; and,
 The soft-copy of the filled-out BOQ (in MS-excel format) must
be part of the electronic files that should be contained in the USB
Thumb Drive submitted by the bidder.
2.2. Payment Schedule (per GPPB Resolution No. 29-2017, dated 31
July 2017). The first Progress Payment shall be paid only upon
completion of at least 20% of the work and certified by the
Procuring Entity‟s Representative.
 Should be accomplished using the bidder‟s letterhead;
 Signed copy should be submitted as part of the Financial Bid
Documents marked as “F03”; and,
 The signed copy of this document (in pdf format) must be part of
the electronic files that should be contained in the USB Thumb
Drive submitted by the bidder.
3. USB thumb drives containing electronic-copies of the submitted
financial bid documents as explained in “Section XII. FILENAMES” of
this OBD.
INSTRUCTIONS:
 Bids not addressing or providing all of the required items in the
bidding document including, where applicable, BOQ shall be
considered non-responsive and, thus, automatically disqualified. In
this regard, where a required item is provided, but no price is
indicated, the same shall be considered as non-responsive, but
specifying a “0” (zero) or “-“ (dash) for the said item would mean that
it is being offered for free to the Government [Sec. 32.2.1(a) of the
Revised IRR];
 Item/s not indicated in the BOQ, but determined to be deemed
important, should be indicated under “Other Items”; and,
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 BOQ and DUPA must be compliant to pertinent and relevant
provisions of DPWH’s Department Order No.197 series of 2016 dated
07October2016.
13.2(a) Bids that The ABC is FOUR MILLION PESOS (P4,000,000.00). Any bid with a
exceed the ABC financial component exceeding this amount shall be disqualified.
14.2 Value No further instruction.
Engineering
16.1 Bid Prices The bid prices shall be quoted in Philippine Pesos.
Quoted in
Philippine Pesos
16.3 Payment No further instruction.
17.1 Bid Validity Bids will be valid until one hundred twenty (120) Calendar Days from the
date of the opening of bids.
18.1 Bid Security The Bid Security shall be in the form of a Bid Securing Declaration
(please refer to FORM 4: BID SECURING DECLARATION) OR any of the
following forms and amounts:
1. The amount of not less than EIGHTY THOUSAND PESOS
(P80,000.00) or 2% of the ABC, if bid security is in cash,
cashier‟s/manager‟s check, bank draft/guarantee or irrevocable letter of
credit; OR
2. The amount of not less than TWO HUNDRED THOUSAND PESOS
(P200,000.00) or 5% of the ABC, if bid security is in Surety Bond.
18.2 Bid Security The bid security shall be valid until one hundred twenty (120) Calendar Days
Validity from the date of the opening of bids.
20.3 Original & 1. Each Bidder shall submit ONE (1) original and ONE (1) certified true
Copies to be copy of the first and second components of its bid;
Signed by the
Bidder or its duly 2. Each Bidder representative, other than the authorized contract signatory,
authorized shall submit a Notarized Letter of Authorization (LOA) indicating that
representative
the one physically submitting the bid is authorized to decide/accept and
affix his/her signature to attest the validity of his/her bid. The
Notarized LOA shall be presented by any Bidder‟s Representative during
the submission of Bid and must be signed by the same person who will
sign the contract for the said transaction, in case the submitted bid is
declared the Lowest Calculated Responsive Bid; and,
3. The said Notarized LOA should be separated from the Sealed Bid, and
must be readily available for scrutiny of the DAP-BAC; attached on the
Bid Box.
21 Deadline for The address for submission of bids is:
submission of bids
Director, BAC Secretariat
3F, DAP Bldg., San Miguel Avenue, Pasig City 1600
P.O. Box 12788 Ortigas Center, Pasig City1600 Philippines
The deadline for submission of bids is on 15 April 2019 (Monday) at 10:00
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AM. Late bids shall not be accepted.
24.1 Opening of The place of bid opening is:
Bids
3F, DAP Bldg., San Miguel Avenue, Pasig City 1600
The date and time of bid opening is on 15 April 2019 (Monday) at 10:01
AM.
24.2 Opening of No further instructions.
1st Envelope
24.3 Opening of No further instructions.
2nd Envelope
27.3(a) Evaluation Partial bid is not allowed. The Project is packaged in a single lot and the lot
of all Bids shall not be divided into sub-lots for the purpose of bidding, evaluation, and
contract award.
27.3(b) No further instructions.
Arithmetical
Corrections &
Modifications of
Bids
27.4 Identify No further instructions.
Lowest Calculated
Bid
28.2 Latest Bidders shall submit the following documentary requirements within five (5)
Income and calendar days from notification from the BAC that the bidder has the Lowest
Business Tax
Returns and other
Calculated Bid:
appropriate 1. 2017 Income Tax Return (ITR) duly filed thru Electronic Filing and
Licenses and
Payment System (eFPS) of the BIR as provided for under Executive
Permits
Order No.398 or RR 3-2005 together with Filing and Payment
References; and
2. Latest Business Tax Returns for 2018 (Quarterly Value-Added Tax Form
No. 2550-Q) for the quarter ending, per Revenue Regulations 3-2005.
INSTRUCTIONS:
If bidding as Joint Venture (JV), each member of the JV shall submit the
same documents.
31.4(f) Submission The successful Bidder shall submit the following additional documents after
of other Contract receipt of Notice of Award (NOA) prior to contract signing:
Documents
1. Company Profile indicating the following:
1.1. Principal Officers;
1.2. Current composition of the Board of Directors, if any;
1.3. Stockholder(s)/Owner(s); and,
1.4. Line of Works/Services.
2. Duly signed proposed Construction Schedule & S-Curve;
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3. Duly signed PERT-CPM Network Diagram;
4. Duly signed proposed Manpower Schedule (please refer to FORM 8:
MANPOWER SCHEDULE);
5. Names of Bidder‟s Key Personnel for the Project with qualifications and
work experience as specified in BDS Clause 12.1(b)(ii.2). Submit
accomplished CV using Form 11: FORMAT OF CURRICULUM VITAE
(CV) FOR ALL PROPOSED KEY PERSONNEL TO BE ASSIGNED TO THE
PROJECT. Bidder shall attach photocopy of valid PRC license/s and PTR
(applicable only to professionals with PRC license), and photocopy of the
certificate of completion (i.e. occupational safety and health training) of
the safety officer.
5.1. Project Manager as the authorized person who can decide for and
5.2. Project Architect;
5.3. Professional Electrical Engineer;
5.4. Sanitary Engineer or Master Plumber;
5.5. Safety Officer;
5.6. Professional Electronics Engineer or Professional Electronics &
5.7. Foreman.
6. Duly signed narrative description of Construction Methodology that
will be conducted for the PROJECT;
7. Equipment Utilization Schedule (only for the equipment & devices that
will be brought at the site). Please refer to FORM 9: EQUIPMENT
UTILIZATION SCHEDULE);
8. Construction Safety & Health Program (per DOLE Department Order
No.13 series of 1998, and DOLE, DPWH, DTI-CMDF-PCAB, DILG
and PRC Joint Administrative Order No.01 series of 2011);
9. The Performance Security in any of the following forms and amounts in
accordance with ITB Clause 31.2:
9.1. The amount of not less than 10% of the Total Contract Price, if
performance security is in cash, cashier‟s/manager‟s check, bank
draft/guarantee or irrevocable letter of credit; OR
9.2. The amount of not less than 30% of the Total Contract Price, if
performance security is in Surety Bond.
10. USB thumb drives containing electronic-copies of the submitted
additional documents as explained in “Section XII. FILENAMES” of this
OBD.
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Section IV. GENERAL CONDITIONS OF

CONTRACT
TABLE OF CONTENTS
1. DEFINITIONS ........................................................................................... 45
2. INTERPRETATION .................................................................................... 47
3. GOVERNING LANGUAGE AND LAW .......................................................... 47
4. COMMUNICATIONS .................................................................................. 48
5. POSSESSION OF SITE ............................................................................. 48
6. THE CONTRACTOR’S OBLIGATIONS ........................................................ 48
7. PERFORMANCE SECURITY ...................................................................... 49
8. SUBCONTRACTING ................................................................................. 50
9. LIQUIDATED DAMAGES ........................................................................... 50
10. SITE INVESTIGATION REPORTS ............................................................... 51
11. THE PROCURING ENTITY, LICENSES AND PERMITS ................................. 51
12. CONTRACTOR’S RISK AND WARRANTY SECURITY ................................... 51
13. LIABILITY OF THE CONTRACTOR ............................................................. 53
14. PROCURING ENTITY’S RISK .................................................................... 53
15. INSURANCE ............................................................................................ 54
16. TERMINATION FOR DEFAULT OF CONTRACTOR ....................................... 55
17. TERMINATION FOR DEFAULT OF PROCURING ENTITY............................... 56
18. TERMINATION FOR OTHER CAUSES ........................................................ 56
19. PROCEDURES FOR TERMINATION OF CONTRACTS ................................... 57
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE ................................ 59
21. RESOLUTION OF DISPUTES ..................................................................... 60
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION ................. 60
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS ............................ 61
24. APPROVAL OF DRAWINGS AND TEMPORARY WORKS BY THE
PROCURING ENTITY’S REPRESENTATIVE ........................................................ 61
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25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING

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ENTITY’S REPRESENTATIVE ........................................................................... 61

26. EXTENSION OF THE INTENDED COMPLETION DATE .................................. 61
27. RIGHT TO VARY ...................................................................................... 62
28. CONTRACTOR'S RIGHT TO CLAIM ........................................................... 62
29. DAYWORKS ............................................................................................ 62
30. EARLY WARNING ................................................................................... 63
31. PROGRAM OF WORK .............................................................................. 63
32. MANAGEMENT CONFERENCES ................................................................ 64
33. BILL-OF-QUANTITIES .............................................................................. 64
34. INSTRUCTIONS, INSPECTIONS AND AUDITS .............................................. 64
35. IDENTIFYING DEFECTS ............................................................................ 65
36. COST OF REPAIRS .................................................................................. 65
37. CORRECTION OF DEFECTS...................................................................... 65
38. UNCORRECTED DEFECTS ....................................................................... 65
39. ADVANCE PAYMENT ............................................................................... 66
40. PROGRESS PAYMENTS ........................................................................... 66
41. PAYMENT CERTIFICATES ........................................................................ 67
42. RETENTION ............................................................................................ 67
43. VARIATION ORDERS ............................................................................... 68
44. CONTRACT COMPLETION ........................................................................ 69
45. SUSPENSION OF WORK .......................................................................... 69
46. PAYMENT ON TERMINATION .................................................................... 70
47. EXTENSION OF CONTRACT TIME ............................................................. 71
48. PRICE ADJUSTMENT ............................................................................... 72
49. COMPLETION .......................................................................................... 72
50. TAKING OVER ........................................................................................ 72
51. OPERATING AND MAINTENANCE MANUALS ............................................. 72
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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. BOQ refers to a list of the specific items of the Work and their corresponding
unit prices, lump sums, and/or provisional sums.
1.3. The Completion Date is the date of completion of the Works as certified by
the Procuring Entity‟s Representative, in accordance with GCC Clause 49.
1.4. The Contract is the contract between the Procuring Entity and the Contractor
to execute, complete, and maintain the Works.
1.5 The Contract Effectivity Date is the date of signing of the Contract.
However, the contractor shall commence execution of the Works on the Start
Date as defined in GCC Clause 1.28.
1.6 The Contract Price is the price stated in the Notice of Award and thereafter to
be paid by the Procuring Entity to the Contractor for the execution of the
Works in accordance with this Contract
1.7 Contract Time Extension is the allowable period for the Contractor to
complete the Works in addition to the original Completion Date stated in this
Contract.
1.8 The Contractor is the juridical entity whose proposal has been accepted by
the Procuring Entity and to whom the Contract to execute the Work was
awarded.
1.9 The Contractor’s Bid is the signed offer or proposal submitted by the
Contractor to the Procuring Entity in response to the Bidding Documents.
1.10 Days are calendar days; months are calendar months.
1.11 Dayworks are varied work inputs subject to payment on a time basis for the
Contractor‟s employees and Equipment, in addition to payments for associated
Materials and Plant.
1.12 A Defect is any part of the Works not completed in accordance with the
Contract.
1.13 The Defects Liability Certificate is the certificate issued by Procuring
Entity‟s Representative upon correction of defects by the Contractor.
1.14 The Defects Liability Period is the one year period between contract
completion and final acceptance within which the Contractor assumes the
responsibility to undertake the repair of any damage to the Works at his own
expense.
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
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Contractor and which shall not form or are not intended to form part of the
Permanent Works.
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1.17 The Intended Completion Date refers to the date specified in the SCC when
the Contractor is expected to have completed the Works. The Intended
Completion Date may be revised only by the Procuring Entity‟s
Representative by issuing an extension of time or an acceleration order.
1.18 Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
1.19 The Notice to Proceed is a written notice issued by the Procuring Entity or the
Procuring Entity‟s Representative to the Contractor requiring the latter to
begin the commencement of the work not later than a specified or
determinable date.
1.20 Permanent Works are all permanent structures and all other project features
and facilities required to be constructed and completed in accordance with this
Contract which shall be delivered to the Procuring Entity and which shall
remain at the Site after the removal of all Temporary Works.
1.21 Plant refers to the machinery, apparatus, and the like intended to form an
integral part of the Permanent Works.
1.22 The Procuring Entity is the party who employs the Contractor to carry out
the Works stated in the SCC.
1.23 The Procuring Entity’s Representative refers to the Head of the Procuring
Entity or his duly authorized representative, identified in the SCC, who shall
be responsible for supervising the execution of the Works and administering
this Contract.
1.24 The Site is the place provided by the Procuring Entity where the Works shall
be executed and any other place or places which may be designated in the
SCC, or notified to the Contractor by the Procuring Entity‟s Representative as
forming part of the Site.
1.25 Site Investigation Reports are those that were included in the Bidding
Documents and are factual and interpretative reports about the surface and
subsurface conditions at the Site.
1.26 Slippage is a delay in work execution occurring when actual accomplishment
falls below the target as measured by the difference between the scheduled and
actual accomplishment of the Work by the Contractor as established from the
work schedule. This is actually described as a percentage of the whole Works.
1.27 Specifications mean 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.
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1.31 Work(s) refer to the Permanent Works and Temporary Works to be executed
by the Contractor in accordance with this Contract, including (i) the furnishing
of all labor, materials, equipment and others incidental, necessary or
convenient to the complete execution of the Works; (ii) the passing of any
tests before acceptance by the Procuring Entity‟s Representative; (iii) and the
carrying out of all duties and obligations of the Contractor imposed by this
Contract as described in the SCC.
2. INTERPRETATION
2.1. In interpreting the Conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity‟s
Representative will provide instructions clarifying queries about the
Conditions of Contract.
2.2. If sectional completion is specified in the SCC, references in the Conditions
of Contract to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than references
to the Completion Date and Intended Completion Date for the whole of the
Works).
2.3. The documents forming this Contract shall be interpreted in the following
order of priority:
a) Contract Agreement;
b) Bid Data Sheet;
c) Instructions to Bidders;
d) Addenda to the Bidding Documents;
e) Special Conditions of Contract;
f) General Conditions of Contract;
g) Specifications;
h) BOQ; 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.
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4. COMMUNICATIONS
Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is received by
the concerned party.
5. POSSESSION OF SITE
5.1. On the date specified in the SCC, the Procuring Entity shall grant the
Contractor possession of so much of the Site as may be required to enable
it to proceed with the execution of the Works. If the Contractor suffers
delay or incurs cost from failure on the part of the Procuring Entity to give
possession in accordance with the terms of this clause, the Procuring
Entity‟s Representative shall give the Contractor a Contract Time
Extension and certify such sum as fair to cover the cost incurred, which
sum shall be paid by Procuring Entity.
5.2. If possession of a portion is not given by the date stated in the SCC Clause
5.1, the Procuring Entity will be deemed to have delayed the start of the
relevant activities. The resulting adjustments in contract time to address
such delay shall be in accordance with GCC Clause 47.
5.3. The Contractor shall bear all costs and charges for special or temporary
right-of-way required by it in connection with access to the Site. The
Contractor shall also provide at his own cost any additional facilities
outside the Site required by it for purposes of the Works.
5.4. The Contractor shall allow the Procuring Entity‟s Representative and any
person authorized by the Procuring Entity‟s Representative access to the
Site and to any place where work in connection with this Contract is being
carried out or is intended to be carried out.
6. THE CONTRACTOR’S OBLIGATIONS

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
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Key Personnel, as referred to in the SCC, to carry out the supervision of

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the Works. The Procuring Entity will approve any proposed replacement
of key personnel only if their relevant qualifications and abilities are equal
to or better than those of the personnel listed in the Schedule.
6.6. If the Procuring Entity‟s Representative asks the Contractor to remove a
member of the Contractor‟s staff or work force, for justifiable cause, the
Contractor shall ensure that the person leaves the Site within seven (7)
days and has no further connection with the Work in this Contract.
6.7. During Contract implementation, the Contractor and his subcontractors
shall abide at all times by all labor laws, including child labor related
enactments, and other relevant rules.
6.8. The Contractor shall submit to the Procuring Entity for consent the name
and particulars of the person authorized to receive instructions on behalf of
the Contractor.
6.9. The Contractor shall cooperate and share the Site with other contractors,
public authorities, utilities, and the Procuring Entity between the dates
given in the schedule of other contractors particularly when they shall
require access to the Site. The Contractor shall also provide facilities and
services for them during this period. The Procuring Entity may modify the
schedule of other contractors, and shall notify the Contractor of any such
modification thereto.
6.10. Should anything of historical or other interest or of significant value be
unexpectedly discovered on the Site, it shall be the property of the
Procuring Entity. The Contractor shall notify the Procuring Entity‟s
Representative of such discoveries and carry out the Procuring Entity‟s
Representative‟s instructions in dealing with them.
7. PERFORMANCE SECURITY
7.1. Within ten (10) calendar days from receipt of the Notice of Award from
the Procuring Entity but in no case later than the signing of the contract by
both parties, the Contractor shall furnish the performance security in any
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.
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7.5. The Contractor shall post an additional performance security following the
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amount and form specified in ITB Clause 32.2 to cover any cumulative
increase of more than ten percent (10%) over the original value of the
contract as a result of amendments to order or change orders, extra work
orders and supplemental agreements, as the case may be. The Contractor
shall cause the extension of the validity of the performance security to
cover approved contract time extensions.
7.6. In case of a reduction in the contract value or for partially completed
Works under the contract which are usable and accepted by the Procuring
Entity the use of which, in the judgment of the implementing agency or the
Procuring Entity, will not affect the structural integrity of the entire
project, the Procuring Entity shall allow a proportional reduction in the
original performance security, provided that any such reduction is more
than ten percent (10%) and that the aggregate of such reductions is not
more than fifty percent (50%) of the original performance security.
7.7. Unless otherwise indicated in the SCC, the Contractor, by entering into the
Contract with the Procuring Entity, acknowledges the right of the
Procuring Entity to institute action pursuant to Act 3688 against any
subcontractor be they an individual, firm, partnership, corporation, or
association supplying the Contractor with labor, materials and/or
equipment for the performance of this Contract.
8. SUBCONTRACTING
8.1. Unless otherwise indicated in the SCC, the Contractor cannot subcontract
Works more than the percentage specified in BDS Clause 8.1.
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
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damages shall not affect the Contractor‟s liabilities. Once the cumulative
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amount of liquidated damages reaches ten percent (10%) of the amount of

this Contract, the Procuring Entity may rescind or terminate this Contract,
without prejudice to other courses of action and remedies available under
the circumstances.
9.2. If the Intended Completion Date is extended after liquidated damages have
been paid, the Engineer of the Procuring Entity shall correct any
overpayment of liquidated damages by the Contractor by adjusting the
next payment certificate.
10. SITE INVESTIGATION REPORTS

The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports
referred to in the SCC supplemented by any information obtained by the Contractor.
11. THE PROCURING ENTITY, LICENSES AND PERMITS

The Procuring Entity shall, if requested by the Contractor, assist him in applying for
permits, licenses or approvals, which are required for the Works.
12. CONTRACTOR’S RISK AND WARRANTY SECURITY

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

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structure, or “Structural Failures,” i.e., where one or more key structural

elements in an infrastructure facility fails or collapses, thereby rendering
the facility or part thereof incapable of withstanding the design loads,
and/or endangering the safety of the users or the general public:
(a) Contractor – Where Structural Defects/Failures arise due to faults
attributable to improper construction, use of inferior
quality/substandard materials, and any violation of the contract plans
and specifications, the contractor shall be held liable;
(b) Consultants – Where Structural Defects/Failures arise due to faulty
and/or inadequate design and specifications as well as construction
supervision, then the consultant who prepared the design or
undertook construction supervision for the project shall be held
liable;
(c) Procuring Entity‟s Representatives/Project Manager/Construction
Managers and Supervisors – The project owner‟s representative(s),
project manager, construction manager, and supervisor(s) shall be
held liable in cases where the Structural Defects/Failures are due to
his/their willful intervention in altering the designs and other
specifications; negligence or omission in not approving or acting on
proposed changes to noted defects or deficiencies in the design
and/or specifications; and the use of substandard construction
materials in the project;
(d) Third Parties - Third Parties shall be held liable in cases where
Structural Defects/Failures are caused by work undertaken by them
such as leaking pipes, diggings or excavations, underground cables
and electrical wires, underground tunnel, mining shaft and the like, in
which case the applicable warranty to such structure should be levied
to third parties for their construction or restoration works.
(e) Users - In cases where Structural Defects/Failures are due to
abuse/misuse by the end user of the constructed facility and/or non–
compliance by a user with the technical design limits and/or intended
purpose of the same, then the user concerned shall be held liable.
12.5. The warranty against Structural Defects/Failures, except those occasioned
on force majeure, shall cover the period specified in the SCC reckoned
from the date of issuance of the Certificate of Final Acceptance by the
Procuring Entity.
12.6. The Contractor shall be required to put up a warranty security in the form
of cash, bank guarantee, letter of credit, GSIS or surety bond callable on
demand, in accordance with the following schedule:
Amount of Warranty
Security not less than
Form of Warranty
the % of Total
Contract Price
(a) Cash or letter of credit issued by Universal or Five Percent

Commercial bank: provided, however, that the (5%)
letter of credit shall be confirmed or authenticated
by a Universal or Commercial bank, if issued by a
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foreign bank
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Amount of Warranty
Security not less than
Form of Warranty
the % of Total
Contract Price
(b) Bank guarantee confirmed by Universal or Ten Percent

Commercial bank: provided, however, that the (10%)
letter of credit shall be confirmed or authenticated
by a Universal or Commercial bank, if issued by a
foreign bank
(c) Surety bond callable upon demand issued by Thirty Percent
GSIS or any surety or insurance company duly (30%)
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.
(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
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15. INSURANCE
15.1. The Contractor shall, under his name and at his own expense, obtain and
maintain, for the duration of this Contract, the following insurance
coverage:
(a) Contractor‟s All Risk Insurance;
(b) Transportation to the project Site of Equipment, Machinery, and
Supplies owned by the Contractor;
(c) Personal injury or death of Contractor‟s employees; and
(d) Comprehensive insurance for third party liability to Contractor‟s
direct or indirect act or omission causing damage to third persons.
15.2. The Contractor shall provide evidence to the Procuring Entity‟s
Representative that the insurances required under this Contract have been
effected and shall, within a reasonable time, provide copies of the
insurance policies to the Procuring Entity‟s Representative. Such evidence
and such policies shall be provided to the Procuring Entity‟s through the
Procuring Entity‟s Representative.
15.3. The Contractor shall notify the insurers of changes in the nature, extent, or
program for the execution of the Works and ensure the adequacy of the
insurances at all times in accordance with the terms of this Contract and
shall produce to the Procuring Entity‟s Representative the insurance
policies in force including the receipts for payment of the current
premiums.
The above insurance policies shall be obtained from any reputable
insurance company approved by the Procuring Entity‟s Representative.
15.4. If the Contractor fails to obtain and keep in force the insurances referred to
herein or any other insurance which he may be required to obtain under the
terms of this Contract, the Procuring Entity may obtain and keep in force
any such insurances and pay such premiums as may be necessary for the
purpose. From time to time, the Procuring Entity may deduct the amount
it shall pay for said premiums including twenty five percent (25%) therein
from any monies due, or which may become due, to the Contractor,
without prejudice to the Procuring Entity exercising its right to impose
other sanctions against the Contractor pursuant to the provisions of this
Contract.
15.5. In the event the Contractor fails to observe the above safeguards, the
Procuring Entity may, at the Contractor‟s expense, take whatever measure
is deemed necessary for its protection and that of the Contractor‟s
personnel and third parties, and/or order the interruption of dangerous
Works. In addition, the Procuring Entity may refuse to make the payments
under GCC Clause 40 until the Contractor complies with this Clause.
15.6. The Contractor shall immediately replace the insurance policy obtained as
required in this Contract, without need of the Procuring Entity‟s demand,
with a new policy issued by a new insurance company acceptable to the
Procuring Entity for any of the following grounds:
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(a) The issuer of the insurance policy to be replaced has:

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(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:
(a) 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;
(b) 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
(c) The Contractor:
(i) abandons the contract Works, refuses or fails to comply with a
valid instruction of the Procuring Entity or fails to proceed
expeditiously and without delay despite a written notice by the
Procuring Entity;
(ii) does not actually have on the project Site the minimum
essential equipment listed on the bid necessary to prosecute the
Works in accordance with the approved Program of Work and
equipment deployment schedule as required for the project;
(iii) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations
under this Contract;
(iv) neglects or refuses to remove materials or to perform a new
Work that has been rejected as defective or unsuitable; or
(v) sub-lets any part of this Contract without approval by the
Procuring Entity.
16.2. All materials on the Site, Plant, Works, including Equipment purchased
and funded under the Contract shall be deemed to be the property of the
Procuring Entity if this Contract is rescinded because of the Contractor‟s
default.
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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:
(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
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the Contractor fails to correct it within a reasonable period of time

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determined by the Procuring Entity‟s Representative;

(f) The Contractor does not maintain a Security, which is required;
(g) The Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated
damages can be paid, as defined in the GCC Clause 9; and
(h) In case it is determined prima facie by the Procuring Entity that the
Contractor has engaged, before or during the implementation of the
contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to, the
following:
(i) corrupt, fraudulent, collusive, coercive, and obstructive
practices as defined in ITB Clause 3.1(a), unless otherwise
specified in the SCC;
(ii) drawing up or using forged documents;
(iii) using adulterated materials, means or methods, or engaging in
production contrary to rules of science or the trade; and
(iv) any other act analogous to the foregoing.
18.4. The Funding Source or the Procuring Entity, as appropriate, will seek to
impose the maximum civil, administrative and/or criminal penalties
available under the applicable law on individuals and organizations
deemed to be involved with corrupt, fraudulent, or coercive practices.
18.5. When persons from either party to this Contract gives notice of a
fundamental breach to the Procuring Entity‟s Representative in order to
terminate the existing contract for a cause other than those listed under
GCC Clause 18.3, the Procuring Entity‟s Representative shall decide
whether the breach is fundamental or not.
18.6. If this Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably
possible.
19. PROCEDURES FOR TERMINATION OF CONTRACTS

19.1. The following provisions shall govern the procedures for the termination
of this Contract:
(a) Upon receipt of a written report of acts or causes which may
constitute ground(s) for termination as aforementioned, or upon its
own initiative, the Procuring Entity shall, within a period of seven (7)
calendar days, verify the existence of such ground(s) and cause the
execution of a Verified Report, with all relevant evidence attached;
(b) Upon recommendation by the Procuring Entity, the 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
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(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
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
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(i) Employment of competent technical personnel, competent

engineers and/or work supervisors;
(ii) Provision of warning signs and barricades in accordance with
approved plans and specifications and contract provisions;
(iii) Stockpiling in proper places of all materials and removal from
the project site of waste and excess materials, including broken
pavement and excavated debris in accordance with approved
plans and specifications and contract provisions;
(iv) Deployment of committed equipment, facilities, support staff
and manpower; and
(v) Renewal of the effectivity dates of the performance security
after its expiration during the course of contract
implementation.
(c) Assignment and subcontracting of the contract or any part thereof or
substitution of key personnel named in the proposal without prior
written approval by the procuring entity.
(d) Poor performance by the contractor or unsatisfactory quality and/or
progress of work arising from his fault or negligence as reflected in
the CONTRACTOR's Performance Evaluation System (“CPES”)
rating sheet. In the absence of the CPES rating sheet, the existing
performance monitoring system of the procuring entity shall be
applied. Any of the following acts by the Contractor shall be
construed as poor performance:
(i) Negative slippage of 15% and above within the critical path of
the project due entirely to the fault or negligence of the
contractor; and
(ii) Quality of materials and workmanship not complying with the
approved specifications arising from the contractor's fault or
negligence.
(e) Willful or deliberate abandonment or non-performance of the project
or contract by the contractor resulting to substantial breach thereof
without lawful and/or just cause.
In addition to the penalty of suspension, the performance security posted
by the contractor shall also be forfeited.
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE

20.1. For purposes of this Contract the terms “force majeure” and “fortuitous
event” may be used interchangeably. In this regard, a fortuitous event or
force majeure shall be interpreted to mean an event which the Contractor
could not have foreseen, or which though foreseen, was inevitable. It shall
not include ordinary unfavorable weather conditions; and any other cause
the effects of which could have been avoided with the exercise of
reasonable diligence by the Contractor.
20.2. If this Contract is discontinued by an outbreak of war or by any other event
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entirely outside the control of either the Procuring Entity or the Contractor,
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the Procuring Entity‟s Representative shall certify that this Contract has
been discontinued. The Contractor shall make the Site safe and stop work
as quickly as possible after receiving this certificate and shall be paid for
all works carried out before receiving it and for any Work carried out
afterwards to which a commitment was made.
20.3. If the event continues for a period of eighty four (84) days, either party
may then give notice of termination, which shall take effect twenty eight
(28) days after the giving of the notice.
20.4. After termination, the Contractor shall be entitled to payment of the unpaid
balance of the value of the Works executed and of the materials and Plant
reasonably delivered to the Site, adjusted by the following:
(a) any sum to which the Contractor is entitled under GCC Clause 28;
(b) the cost of his suspension and demobilization;
(c) any sum to which the Procuring Entity is entitled.
20.5. The net balance due shall be paid or repaid within a reasonable time period
from the time of the notice of termination.
21. RESOLUTION OF DISPUTES

21.1. If any dispute or difference of any kind whatsoever shall arise between the
parties in connection with the implementation of the contract covered by
the Act and this IRR, the parties shall make every effort to resolve
amicably such dispute or difference by mutual consultation.
21.2. If the Contractor believes that a decision taken by the Procuring Entity‟s
Representative was either outside the authority given to the Procuring
Entity‟s Representative by this Contract or that the decision was wrongly
taken, the decision shall be referred to the Arbiter indicated in the SCC
within fourteen (14) days of the notification of the Procuring Entity‟s
Representative‟s decision.
21.3. Any and all disputes arising from the implementation of this Contract
covered by the R.A. 9184 and its IRR shall be submitted to arbitration in
the Philippines according to the provisions of Republic Act No. 876,
otherwise known as the “ Arbitration Law” and Republic Act 9285,
otherwise known as the “Alternative Dispute Resolution Act of 2004”:
Provided, however, That, disputes that are within the competence of the
Construction Industry Arbitration Commission to resolve shall be referred
thereto. The process of arbitration shall be incorporated as a provision in
this Contract that will be executed pursuant to the provisions of the Act
and its IRR: Provided, further, That, by mutual agreement, the parties may
agree in writing to resort to other alternative modes of dispute resolution.
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION

In the event that the Funding Source suspends the Loan, Credit, Grant, or
Appropriation to the Procuring Entity, from which part of the payments to the
Contractor are being made:
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(a) The Procuring Entity is obligated to notify the Contractor of such suspension
within seven (7) days of having received the suspension notice.
(b) If the Contractor has not received sums due it for work already done within
forty five (45) days from the time the Contractor‟s claim for payment has
been certified by the Procuring Entity‟s Representative, the Contractor may
immediately issue a suspension of work notice in accordance with GCC
Clause 45.2.
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS

23.1. Except where otherwise specifically stated, the Procuring Entity‟s
Representative will decide contractual matters between the Procuring
Entity and the Contractor in the role representing the Procuring Entity.
23.2. The Procuring Entity‟s Representative may delegate any of his duties and
responsibilities to other people, except to the Arbiter, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.
24. APPROVAL OF DRAWINGS AND TEMPORARY WORKS BY THE

PROCURING ENTITY’S REPRESENTATIVE
24.1. All Drawings prepared by the Contractor for the execution of the
Temporary Works, are subject to prior approval by the Procuring Entity‟s
Representative before its use.
24.2. The Contractor shall be responsible for design of Temporary Works.
24.3. The Procuring Entity‟s Representative‟s approval shall not alter the
Contractor‟s responsibility for design of the Temporary Works.
24.4. The Contractor shall obtain approval of third parties to the design of the
Temporary Works, when required by the Procuring Entity.
25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING ENTITY’S

REPRESENTATIVE
25.1. When the Procuring Entity wants the Contractor to finish before the
Intended Completion Date, the Procuring Entity‟s Representative will
obtain priced proposals for achieving the necessary acceleration from the
Contractor. If the Procuring Entity accepts these proposals, the Intended
Completion Date will be adjusted accordingly and confirmed by both the
Procuring Entity and the Contractor.
25.2. If the Contractor‟s Financial Proposals for an acceleration are accepted by
the Procuring Entity, they are incorporated in the Contract Price and
treated as a Variation.
26. EXTENSION OF THE INTENDED COMPLETION DATE

26.1. The Procuring Entity‟s Representative shall extend the Intended
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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 at appropriate new
rates, equal to or lower than current industry rates and to be agreed
upon by both parties and approved by the HoPE.
28. CONTRACTOR'S RIGHT TO CLAIM

If the Contractor incurs cost as a result of any of the events under GCC Clause 13, the
Contractor shall be entitled to the amount of such cost. If as a result of any of the said
events, it is necessary to change the Works, this shall be dealt with as a Variation.
29. DAYWORKS
29.1. Subject to GCC Clause 43 on Variation Order, and if applicable as
indicated in the SCC, the Dayworks rates in the Contractor‟s bid shall be
used for small additional amounts of work only when the Procuring
Entity‟s Representative 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.
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30. EARLY WARNING

30.1. The Contractor shall warn the Procuring Entity‟s Representative at the
earliest opportunity of specific likely future events or circumstances that
may adversely affect the quality of the work, increase the Contract Price,
or delay the execution of the Works. The Procuring Entity‟s
Representative may require the Contractor to provide an estimate of the
expected effect of the future event or circumstance on the Contract Price
and Completion Date. The estimate shall be provided by the Contractor as
soon as reasonably possible.
30.2. The Contractor shall cooperate with the Procuring Entity‟s Representative
in making and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the work
and in carrying out any resulting instruction of the Procuring Entity‟s
Representative.
31. PROGRAM OF WORK

31.1. Within the time stated in the SCC, the Contractor shall submit to the
Procuring Entity‟s Representative for approval a Program of Work
showing the general methods, arrangements, order, and timing for all the
activities in the Works.
31.2. An update of the Program of Work shall show the actual progress achieved
on each activity and the effect of the progress achieved on the timing of
the remaining work, including any changes to the sequence of the
activities.
31.3. The Contractor shall submit to the Procuring Entity‟s Representative for
approval an updated Program of Work at intervals no longer than the
period stated in the SCC. If the Contractor does not submit an updated
Program of Work within this period, the Procuring Entity‟s Representative
may withhold the amount stated in the SCC from the next payment
certificate and continue to withhold this amount until the next payment
after the date on which the overdue Program of Work has been submitted.
31.4. The Procuring Entity‟s Representative‟s approval of the Program of Work
shall not alter the Contractor‟s obligations. The Contractor may revise the
Program of Work and submit it to the Procuring Entity‟s Representative
again at any time. A revised Program of Work shall show the effect of any
approved Variations.
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.
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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 BOQ shall contain items of work for the construction, installation,
testing, and commissioning of work to be done by the Contractor.
33.2. The BOQ is used to calculate the Contract Price. The Contractor is paid
for the quantity of the work done at the rate in the BOQ for each item.
33.3. If the final quantity of any work done differs from the quantity in the BOQ
for the particular item and is not more than twenty five percent (25%) of
the original quantity, provided the aggregate changes for all items do not
exceed ten percent (10%) of the Contract price, the Procuring Entity‟s
Representative shall make the necessary adjustments to allow for the
changes subject to applicable laws, rules, and regulations.
33.4. If requested by the Procuring Entity‟s Representative, the Contractor shall
provide the Procuring Entity‟s Representative with a detailed cost
breakdown of any rate in the BOQ.
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.
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35. IDENTIFYING DEFECTS

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

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

37.1. The Procuring Entity‟s Representative shall give notice to the Contractor
of any defects before the end of the Defects Liability Period, which is One
(1) year from project completion up to final acceptance by the Procuring
Entity‟s Representative.
37.2. Every time notice of a defect is given, the Contractor shall correct the
notified defect within the length of time specified in the Procuring Entity‟s
Representative‟s notice.
37.3. The Contractor shall correct the defects which he notices himself before
the end of the Defects Liability Period.
37.4. The Procuring Entity shall certify that all defects have been corrected. If
the Procuring Entity considers that correction of a defect is not essential,
he can request the Contractor to submit a quotation for the corresponding
reduction in the Contract Price. If the Procuring Entity accepts the
quotation, the corresponding change in the SCC is a Variation.
38. UNCORRECTED DEFECTS

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

39.1. The Procuring Entity shall, upon a written request of the contractor which
shall be submitted as a contract document, make an advance payment to
the contractor in an amount not exceeding fifteen percent (15%) of the
total contract price, to be made in lump sum or, at the most two,
installments according to a schedule specified in the SCC.
39.2. The advance payment shall be made only upon the submission to and
acceptance by the Procuring Entity of an irrevocable standby letter of
credit of equivalent value from a commercial bank, a bank guarantee or a
surety bond callable upon demand, issued by a surety or insurance
company duly licensed by the Insurance Commission and confirmed by
the Procuring Entity.
39.3. The advance payment shall be repaid by the Contractor by an amount
equal to the percentage of the total contract price used for the advance
payment.
39.4. The contractor may reduce his standby letter of credit or guarantee
instrument by the amounts refunded by the Monthly Certificates in the
advance payment.
39.5. The Procuring Entity will provide an Advance Payment on the Contract
Price as stipulated in the Conditions of Contract, subject to the maximum
amount stated in SCC Clause 39.1.
40. PROGRESS PAYMENTS

40.1. The Contractor may submit a request for payment for Work accomplished.
Such request for payment shall be verified and certified by the Procuring
Entity‟s Representative/Project Engineer. Except as otherwise stipulated
in the SCC, materials and equipment delivered on the site but not
completely put in place shall not be included for payment.
40.2. The Procuring Entity shall deduct the following from the certified gross
amounts to be paid to the contractor as progress payment:
(a) Cumulative value of the work previously certified and paid for.
(b) Portion of the advance payment to be recouped for the month.
(c) Retention money in accordance with the condition of contract.
(d) Amount to cover third party liabilities.
(e) Amount to cover uncorrected discovered defects in the works.
40.3. Payments shall be adjusted by deducting therefrom the amounts for
advance payments and retention. The Procuring Entity shall pay the
Contractor the amounts certified by the Procuring Entity‟s Representative
within twenty eight (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
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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 BOQ
completed; and
(c) include the valuations of approved variations.
41.4. The Procuring Entity‟s Representative may exclude any item certified in a
previous certificate or reduce the proportion of any item previously
certified in any certificate in the light of later information.
42. RETENTION
42.1. The Procuring Entity shall retain from each payment due to the Contractor
an amount equal to a percentage thereof using the rate as specified in GCC
Sub-Clause 42.2.
42.2. Progress payments are subject to retention of ten percent (10%), referred to
as the “retention money.” Such retention shall be based on the total
amount due to the Contractor prior to any deduction and shall be retained
from every progress payment until fifty percent (50%) of the value of
Works, as determined by the Procuring Entity, are completed. If, after
fifty percent (50%) completion, the Work is satisfactorily done and on
schedule, no additional retention shall be made; otherwise, the ten percent
(10%) retention shall again be imposed using the rate specified 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
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liabilities.
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42.4. On completion of the whole Works, the Contractor may substitute

retention money with an “on demand” Bank guarantee in a form
acceptable to the Procuring Entity.
43. VARIATION ORDERS

43.1. Variation Orders may be issued by the Procuring Entity to cover any
increase /decrease in quantities, including the introduction of new work
items that are not included in the original contract or reclassification of
work items that are either due to change of plans, design or alignment to
suit actual field conditions resulting in disparity between the
preconstruction plans used for purposes of bidding and the “as staked
plans” or construction drawings prepared after a joint survey by the
Contractor and the Procuring Entity after award of the contract, provided
that the cumulative amount of the Variation Order does not exceed ten
percent (10%) of the original project cost. The addition/deletion of
Works should be within the general scope of the project as bid and
awarded. The scope of works shall not be reduced so as to accommodate
a positive Variation Order. A Variation Order may either be in the form
of a Change Order or Extra Work Order.
43.2. A Change Order may be issued by the Procuring Entity to cover any
increase/decrease in quantities of original Work items in the contract.
43.3. An Extra Work Order may be issued by the Procuring Entity to cover the
introduction of new work necessary for the completion, improvement or
protection of the project which were not included as items of Work in the
original contract, such as, where there are subsurface or latent physical
conditions at the site differing materially from those indicated in the
contract, or where there are duly unknown physical conditions at the site
of an unusual nature differing materially from those ordinarily encountered
and generally recognized as inherent in the Work or character provided for
in the contract.
43.4. Any cumulative Variation Order beyond ten percent (10%) shall be subject
of another contract to be bid out if the works are separable from the
original contract. In exceptional cases where it is urgently necessary to
complete the original scope of work, the HoPE may authorize a positive
Variation Order go beyond ten percent (10%) but not more than twenty
percent (20%) of the original contract price, subject to the guidelines to be
determined by the GPPB: Provided, however, That appropriate sanctions
shall be imposed on the designer, consultant or official responsible for the
original detailed 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.
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The preparation and submission of Variation Orders are as follows:

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

a Change Order or Extra Work Order should be issued, he shall
prepare the proposed Order accompanied with the notices submitted
by the Contractor, the plans therefore, his computations as to the
quantities of the additional works involved per item indicating the
specific stations where such works are needed, the date of his
inspections and investigations thereon, and the log book thereof, and
a detailed estimate of the unit cost of such items of work, together
with his justifications for the need of such Change Order or Extra
Work Order, and shall submit the same to the HoPE for approval.
(b) The HoPE or his duly authorized representative, upon receipt of the
proposed Change Order or Extra Work Order shall immediately
instruct the appropriate technical staff or office of the Procuring
Entity to conduct an on-the-spot investigation to verify the need for
the Work to be prosecuted and to review the proposed plan, and
prices of the work involved.
(c) The technical staff or appropriate office of the Procuring Entity shall
submit a report of their findings and recommendations, together with
the supporting documents, to the Head of Procuring Entity or his
duly authorized representative for consideration.
(d) The HoPE or his duly authorized representative, acting upon the
recommendation of the technical staff or appropriate office, shall
approve the Change Order or Extra Work Order after being satisfied
that the same is justified, necessary, and in order.
(e) The timeframe for the processing of Variation Orders from the
preparation up to the approval by the Procuring Entity concerned
shall not exceed thirty (30) calendar days.
44. CONTRACT COMPLETION

Once the project reaches an accomplishment of ninety five (95%) of the total
contract amount, the Procuring Entity may create an inspectorate team to make
preliminary inspection and submit a punch-list to the Contractor in preparation for
the final turnover of the project. Said punch-list will contain, among others, the
remaining Works, Work deficiencies for necessary corrections, and the specific
duration/time to 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
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Contractor shall immediately comply with such order to suspend the work
wholly or partly.
45.2. The Contractor or its duly authorized representative shall have the right to
suspend work operation on any or all projects/activities along the critical
path of activities after fifteen (15) calendar days from date of receipt of
written notice from the Contractor to the district engineer/regional
director/consultant or equivalent official, as the case may be, due to the
following:
(a) There exist right-of-way problems which prohibit the Contractor
from performing work in accordance with the approved construction
schedule.
(b) Requisite construction plans which must be owner-furnished are not
issued to the contractor precluding any work called for by such plans.
(c) Peace and order conditions make it extremely dangerous, if not
possible, to work. However, this condition must be certified in
writing by the Philippine National Police (PNP) station which has
responsibility over the affected area and confirmed by the
Department of Interior and Local Government (DILG) Regional
Director.
(d) There is failure on the part of the Procuring Entity to deliver
government-furnished materials and equipment as stipulated in the
contract.
(e) Delay in the payment of Contractor‟s claim for progress billing
beyond forty-five (45) calendar days from the time the Contractor‟s
claim has been certified to by the procuring entity‟s authorized
representative that the documents are complete unless there are
justifiable reasons thereof which shall be communicated in writing to
the Contractor.
45.3. In case of total suspension, or suspension of activities along the critical
path, which is not due to any fault of the Contractor, the elapsed time
between the effectivity of the order suspending operation and the order to
resume work shall be allowed the Contractor by adjusting the contract time
accordingly.
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
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because of a fundamental breach of Contract by the Procuring Entity, the

Procuring Entity‟s Representative shall issue a certificate for the value of
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the work done, Materials ordered, the reasonable cost of removal of

Equipment, repatriation of the Contractor‟s personnel employed solely on
the Works, and the Contractor‟s costs of protecting and securing the
Works, and less advance payments received up to the date of the
certificate.
46.3. The net balance due shall be paid or repaid within twenty eight (28) days
from the notice of termination.
46.4. If the Contractor has terminated the Contract under GCC Clauses 17 or
18, the Procuring Entity shall promptly return the Performance Security to
the Contractor.
47. EXTENSION OF CONTRACT TIME

47.1. Should the amount of additional work of any kind or other special
circumstances of any kind whatsoever occur such as to fairly entitle the
contractor to an extension of contract time, the Procuring Entity shall
determine the amount of such extension; provided that the Procuring
Entity is not bound to take into account any claim for an extension of time
unless the Contractor has, prior to the expiration of the contract time and
within thirty (30) calendar days after such work has been commenced or
after the circumstances leading to such claim have arisen, delivered to the
Procuring Entity notices in order that it could have investigated them at
that time. Failure to provide such notice shall constitute a waiver by the
Contractor of any claim. Upon receipt of full and detailed particulars, the
Procuring Entity shall examine the facts and extent of the delay and shall
extend the contract time completing the contract work when, in the
Procuring Entity‟s opinion, the findings of facts justify an extension.
47.2. No extension of contract time shall be granted the Contractor due to (a)
ordinary unfavorable weather conditions and (b) inexcusable failure or
negligence of Contractor to provide the required equipment, supplies or
materials.
47.3. Extension of contract time may be granted only when the affected
activities fall within the critical path of the PERT/CPM network.
47.4. No extension of contract time shall be granted when the reason given to
support the request for extension was already considered in the
determination of the original contract time during the conduct of detailed
engineering and in the preparation of the contract documents as agreed
upon by the parties before contract perfection.
47.5. Extension of contract time shall be granted for rainy/unworkable days
considered unfavorable for the prosecution of the works at the site, based
on the actual conditions obtained at the site, in excess of the number of
rainy/unworkable days pre-determined by the Procuring Entity in relation
to the original contract time during the conduct of detailed engineering and
in the preparation of the contract documents as agreed upon by the parties
before contract perfection, and/or for equivalent period of delay due to
major calamities such as exceptionally destructive typhoons, floods and
earthquakes, and epidemics, and for causes such as non-delivery on time
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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.
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Section V. SPECIAL CONDITIONS OF

CONTRACT
GCC Clause Details of SPECIAL CONDITIONS OF CONTRACT
1.17 Intended The Project should be completed within NINETY (90) calendar days
Completion Date from the date of receipt of the Notice-To-Proceed issued by DAP.
1.22 Procuring Entity development academy of the philippines
DAP Building, San Miguel Avenue, Pasig City 1600
Tel No. (632) 631-0921 loc. 133
1.23 Procuring The Procuring Entity’s Representative is…
Entity’s
Representative Atty. ENGELBERT C. CARONAN, JR., MNSA
President & Chief Executive Officer, DAP
1.24 Site The Site is located at the Development Academy of the Philippines
Conference Center, Brgy. Sungay East, Isaac Tolentino Avenue, Tagaytay
City, Cavite.
1.28 Start Date The Start Date shall be the date specified in the Notice-to-Proceed issued
by DAP.
1.31 Work(s) For the detailed Scope-of-Works, refer to Schedule of Requirements and
Specifications found in Section VI of this OBD.
2.2 Sectional For the Completion Date per Work Cluster, refer to Schedule of
Completion Requirements and Specifications found in Section VI of this OBD.
5.1 Possession of The DAP shall give possession of all parts of the Site to the Contractor for
Site the duration of the project implementation.
6.5 Contractor’s Key The Contractor shall employ the following Key Personnel:
Personnel
1. Project Manager as the authorized person who can decide for and
2. Project Architect;
3. Professional Electrical Engineer;
4. Sanitary Engineer or Master Plumber;
5. Safety Officer;
6. Professional Electronics Engineer or Professional Electronics &
7. Foreman.
7.4(c) Other Terms Upon Contractor‟s submission of acceptable Warranty Security Bond and
for the Release of DAP‟s issuance of the Final Certificate of Acceptance.
Performance
Security
7.7 Right of No further instructions.
Procuring Entity to
institute action
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pursuant to Act3688
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8.1 Contractor Subcontracting is not allowed.
Cannot Subcontract
Works More than
Specified
10 Site Investigation No further instructions.
Reports
12.3 Failure to No further instructions.
Comply with GCC
Clause 12.2
12.5 Warranty The Contractor shall guarantee the work done to be free from defects for a
Against Structural period of Five (5) years against poor workmanship and One (1) year
Defects/ Failures
against defects traceable to materials supplied/installed, reckoned from
acceptance of the project and subject to the provisions on warranties in
Section 62 of the Revised IRR of R.A. 9184.
13 Liability of the If the Contractor is a Joint Venture, all partners to the joint venture shall be
Contractor jointly and severally liable to the Procuring Entity.
18.3(h)(i) corrupt, No further instructions.
fraudulent, collusive,
coercive, and
obstructive practices
as defined in ITB
Clause 3.1(a)
21.2 Decision The Arbiter is:
Referred to the
Arbiter Contractor Industry Arbitration Commission (CIAC) or shall be mutually
agreed upon between DAP and the winning CONTRACTOR.
Any dispute between the Development Academy of the Philippines and the
CONTRACTOR (BUILDING CONTRACTOR) arising in connection
with the present Contract shall be referred to adjudication or arbitration in
accordance with the laws of the Philippines.
The place of arbitration shall be the DTI Construction Industry Authority
of the Philippines (CIAP) Construction Industry Arbitration Commission,
which has original jurisdiction over construction disputes.
The CIAC address is at the 2/F Executive Building Center, 369 Sen. Gil J.
Puyat Ave., cor. Makati Ave., Makati City, with Tel. Nos.897.0853,
897.9313 and Facsimile 897.9313.
29.1 Daywork’s rate No Dayworks are applicable to the Contract.
31.1 Approval of The Awarded Contractor shall submit a monthly Program of Work,
Program of Work which corresponds to the overall PERT-CPM and Gantt Chart, subject to
the agreed date between the DAP’s Representative and the Awarded
Contractor during the pre-project implementation coordination meeting
prior to the issuance of the Notice-to-Proceed.
31.3 Updated The Program of Work shall be updated every week.
Program of Work
34.3 Named Funding The Funding Source is the Government of the Philippines –
Source to Inspect Development Academy of the Philippines through its General
Contractor’s
Accounts and
Appropriations Act of FY2018.
Records
39.1 Advance Upon written request of the contractor, and subject to GCC Clause 39.2,
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Payment to the advance payment in the amount of Fifteen percent (15%) of the total
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Contractor contract price shall be made in one (1) lump sum payment.
40.1 Contractor to No further instructions.
Request for Payment
of Work
49 Completion of No further instructions.
Works
51.1 “As Built” Certificate of Completion shall be issued within One (1) calendar month
Drawings after submission of the final/complete “As-Built Drawings” and other
contract documents as follows:
1. One (1) set of original copy in 30” x 40" sheets (drawn on a mylar
sheets) signed and sealed by appropriate professional architects and
engineers;
2. Four (4) sets of blue print copies in 30” x 40” sheets signed and sealed
by appropriate professional architects and engineers;
3. Complete set of electronic files in USB Thumb Drive of “AS-BUILT
PLANS” in PDF and CAD format;
4. Complete set of electronic and printed copies of colored photos in
jpeg-format with date and time stamp demonstrating before, during,
and after construction works;
5. Manuals/brochures with technical specifications and Manufacturer‟s
printed Product Installation Instructions; and
6. Warranty Certificate of at least five (5) years against poor
workmanship and one (1) year against defects traceable to materials.
Refer to SCC Clause 12.5 for Warranty against Structural
Defects/Failures.
51.2 If the Contractor Release of Final Payment is subject to the submission of the “As-Built
does not Supply the Drawings” to be certified by the DAP‟s authorized representative/s.
Drawings and/ or
Manuals
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Section VI. SCHEDULE OF

REQUIREMENTS AND
SPECIFICATIONS
This Schedule of Requirements serves as a guide to the Contractors.
A. Schedule of Requirements
The Contractor‟s proposed Work Plan shown in Gantt chart, which is a mandatory
part of the Technical Proposal, should provide a more detailed schedule of activities. Unless
approved in writing by DAP on the written request of the Contractor, the coverage –from
mobilization to demobilization, should not extend beyond the derivable dates as indicated
here below.
Exact dates of delivery and/or completion should be reckoned from date of
Contractor‟s receipt of Notice-to-Proceed from DAP.
The liquidated damages shall be imposed for the inability of the Contractor to comply
with the Approved Construction Schedule, unless a written request for time extension has
been approved in writing by DAP.
Nth Cal-days from Contractor’s Date
Work Clusters of Receipt of Notice-to-Proceed
START FINISH
1. Notice to Proceed. 1st 1st
2. Pre-Construction Phase.
2.1. Pre-Design Services (included but limited to)
2.1.1. General Coordination Meetings with DAP
Representatives;
2.1.2. Constructability Program;
2.1.3. Project Cost Data;
2.1.4. Coordination of Design and Construction 1st 15th
Contract Documents;
2.1.5. Review of all required drawings and documents
at different stages;
2.1.6. Construction Planning Strategy; and,
2.1.7. Work Safety.
2.2. Design Services.
(for Architectural and Engineering Design inclusive
of but not limited to Site Development, Architectural 16th 30th
Interiors, Civil/Structural, Sanitary/Plumbing,
Mechanical, Electrical/Electronic, and
Communications Planning and Design, Complete
Technical Specifications, Structural Computations,
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Nth Cal-days from Contractor’s Date

Work Clusters of Receipt of Notice-to-Proceed
START FINISH
and Cost Estimates supported by BOQ)
3. Construction Phase.
3.1. Mobilization of construction materials and
consumables; deployment of manpower and
equipment; secure necessary permits; provision of
safety signage‟s and paraphernalia; and, submission 30th 45th
of updated shop drawings and project Bar Chart/S-
Curve and PERT/CPM Network Diagram for DAP‟s
approval prior to project implementation.
3.2. For Cottages, rehabilitation works are as follows:
3.2.1. Repainting of Interior and Exterior Walls;
3.2.2. Restoration of floor, ceiling, walls and roofing;
3.2.3. Restoration of Dining / Living, Kitchen, Garage,
Master Bedroom and Guest Room including
Cabinetries and Comfort Rooms;
3.2.4. Supply and Installation of new Fit-Outs; 45th 80th
3.2.5. Supply and Installation of new Data, Voice,
CCTV cables;
3.2.6. Supply and Installation of Motion-Sensor
Perimeter lighting of the Cottage area
3.2.7. Supply and Installation of new lighting fixtures
for specific areas of cottages; and,
3.2.8. Repair and Restoration of utility(ies).
3.3. Construction of Housekeeping Storage Room (Back 50th 80th
of the House Facility).
3.4. Punch-listing, Rectification of Punch-list Items;
Cleaning, Restoration of all affected
facilities/areas/landscape, and other related-fixtures
due to waterproofing works; and, Project Turn-over 80th 90th
including submission of as-built plans duly signed
and sealed by appropriate professional engineer/s &
other contract documents.
END OF SCHEDULE OF REQUIREMENTS
B. Technical Specifications
Minimum & Essential Specifications: Contractor must indicate in this form compliance
to the requirements detailed here below. For ease of evaluation, Contractor/Supplier
shall…
 Perform all the requirements stipulated in the drawings/plans, Bid Data Sheet,
Special Condition of Contracts, Schedules of Requirement, Technical
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Official Bid Documents (OBD); and,

 Perform all other works involved not specifically mentioned but are necessary to
complete the works in accordance with the plans, specifications, and other related
documents at no additional cost to the Procuring Entity.
GENERAL REQUIREMENTS
1. General Requirements to include but not limited to the following:
1.1. The Project Manager must be present in all periodic meetings;
1.2. The weekly Accomplishment Report should be submitted to the Academy‟s
representative comprising of Progress of Work Updates inclusive of complete set of
colored photos in hard and soft copies stamped with date and time demonstrating
before, during and after construction works;
1.3. Prepare and submit duly signed/approved “as-built plans”;
1.4. Prior to turn-over of the project, work areas should be clear from any debris and
contractor to restore any facilities and areas that have been damaged during
implementation works;
1.5. Hauling and Disposal of all kinds of construction debris, as approved by the
concerned Director of the DAP-facilities, shall be the Contractor‟s responsibility;
and,
1.6. Provision to DAP End-user of Post-Construction Documents inclusive of Certificate
of Warranty with period of coverage.
2. Works coverage as sub-description of work items:

2.1. Architectural Works as specified for the project to include but not limited to the
following:
2.1.1. Interior and Exterior Works of the Housekeeping Storage Room (Back of the
House Facility):
2.1.2. Interior and Exterior repainting of Cottages; and,
2.1.3. Fit-Outs.
2.2. Engineering Works as specified for the project to include but not limited to the
following:
2.2.1. Civil Works:
(i) Restoration of floor, ceilings, walls and roofing of Cottages;
(ii) Restoration of Garage and Landscape, Dining & Living Room, Kitchen,
Master Bedroom, and Guest Room including Cabinetries and Comfort
Rooms; and,
(iii) Supply and Installation of new Designed Fit-Outs, Furnishings, and Fixtures.
2.2.2. Electrical/Electronics Works:
(i) Replacement of existing Data, Voice, CCTV cables;
(ii) Restoration/Relocation of circuit breakers and electrical wirings; and,
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(iii) Installation of new lightings and electric outlet for specific areas of cottages.
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2.2.3. Utility Works as specified for the project to include but not limited to the
following:
(i) Supply and Installation of Motion-Sensor Perimeter Lightings of the Cottage
area;
(ii) Supply and Installation of LPG Enclosure for Kitchen;
(iii) Restoration of Storm Drain Pipeline and fittings;
(iv) Restoration of Sewage Drain Pipeline and fittings; and,
(v) Restoration of Potable Water Distribution Pipeline and fittings.
SCOPE OF WORKS
1. PHASE I: PRE – CONSTRUCTION PHASE. The following are the detailed scope of works:
1.1. Pre-Design Services
1.1.1. General Coordination
(i) Meetings with DAP Representatives;
(ii) Preliminary evaluation of DAP Representatives design criteria and
construction cost relationship;
(iii) Reviewand understand the standards and requirements of DAP
Representatives specifications;
(iv) Visit the site and survey the building site and existing facilities and
conditions; and,
(v) Provide and present recommendations for the Project design based on
existing condition analysis and DAP Representatives validated requirements
and specifications.
1.1.2. Constructability Program
(i) Identify and document project cost and schedule savings opportunity; and,
(ii) Identify items that may detract or negatively impact the design and/or
construction of the Project.
1.1.3. Project Cost Data
(i) Reportson estimated construction cost at the Schematic/Design
Development; and,
(ii) Construction Stage and the Contract Document Stage.
1.1.4. Coordination of Design and Construction Contract Documents
(i) Review of all required drawings and documents at different stages;
(ii) Schematic/Design Development and Construction Stage; and,
(iii) Review the Construction Documents for compliance with all applicable local
and national laws, rules, and regulations.
1.1.5. Construction Planning Strategy
(i) Early projection on construction schedule, manpower and cash flow
requirements for the Project.
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1.1.6. Work Safety

(i) Create safety procedures and programs for implementation during the
construction phase.
1.2. Design Services
(for Architectural and Engineering Design inclusive of but not limited to Site
Development, Landscaping, Architectural Finishes & Interiors, Civil/Structural,
Sanitary/Plumbing, Mechanical, Electrical, and Electronic & Communications
Planning and Design, Complete Technical Specifications, Structural Computations,
and Cost Estimates supported by BOQ).
1.2.1. General Responsibilities
(i) Designate in writing a Design Team headed by a Project Architect together
with other qualified professionals for approval by the DAP Representatives
who shall be responsible for the performance of the Design Services; and,
(ii) The Contractor shall be solely responsible for all obligations to/of the
Project Architect and associated professionals to complete the design in
accordance with the final agreed DAP Representative‟s Project requirements
and specifications and within the Project Cost report data.
1.2.2. Schematic Design Stage/Design Development Stage
(i) Plans, elevations, sections, details and other drawings;
(ii) Outline Specifications for Architecture and Engineering systems;
(iii) Diagrammatic layout of construction systems; and,
(iv) Preliminary Cost Estimate.
1.2.3. Contract Document Stage
(i) Complete Contract Documents consisting of detailed designs and
construction drawings setting forth in detail the work required for the
Architectural, Civil/Structural, Sanitary/Plumbing, Mechanical,
Electrical/Electronics and Communications works;
(ii) Complete Technical Specifications encompassing all the architectural,
interiors and engineering disciplines;
(iii) Complete signed and sealed Contract Documents; and,
(iv) Final Cost Estimate with BOQ and Detailed Unit Price Analysis (DUPA).
2. PHASE II: CONSTRUCTION PHASE. The following are the detailed scope of works:
2.1. Designate in writing a Construction Team defining clearly their lines of authority and
communications to coordinate the construction activity;
2.2. Designate in writing the Project Manager responsible for the day to day management
of the Construction Phase;
2.3. Conduct regular Project Progress Meetings to inform and advise the DAP
Representatives of the Project Status including schedule, costs, quality and changes.
Prepare and maintain appropriate documentation relating to this activity including
Minutes of Meetings;
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2.4. Conduct Design and Construction Team meetings with Project Manager to maintain
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Project progress including all appropriate documentation to keep data archives and
current;
2.5. Provide and pay for all labor, materials, equipment, tools, construction equipment
and machinery, transportation and all other facilities and services necessary for the
proper execution and completion of the all the Works in strict compliance with the
Contract Documents;
2.6. Obtain building permits and special permits as required by the Contract Documents;
2.7. Coordinate, monitor and inspect the work to ensure conformance with the Contract
Documents;
2.8. Be responsible for all construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the construction Works;
2.9. Submit to DAP Representatives for review and approval Shop Drawings, Product
Data and Samples to demonstrate their conformance with the Contract Documents.
The contractor shall maintain a record of all submitted and approved Shop Drawings,
Product Data and Samples for the Project;
2.10. Submit to DAP Representatives for review and approval any Variation Order works
that deviate from the Contract Documents and appropriately justify the need for it
and who will bear the burden of cost. All changes shall be appropriately documented;
2.11. The contractor shall promptly correct any defective Works at the Contractor‟s sole
expense;
2.12. Warrant that all the materials and equipment provided for the Project will be of good
quality and new unless otherwise required or permitted by the DAP Representatives
or the Contract Document;
2.13. The Contractor shall prepare and administer the construction punch list until all
punch list items have been resolved to the DAP Representatives satisfaction; and
2.14. Deliver As-Built documents in printed and reproducible forms and e-file format.
Note: The Contractor shall review with the DAP Representatives submissions of
operating and maintenance instructions and all materials, brochures, drawings and
other close out documentation for conformance with the Contract Documents.
3. CONSTRUCTION CONTRACT DOCUMENTS. To be submitted by the awarded Bidder prior

to the Construction Phase (required Final Outputs for the Construction Contract
Documents, as applicable):
3.1. Complete signed and sealed Final Architectural Plans and Drawings, including but
not limited to:
3.1.1. Site Development Plan;
3.1.2. Landscape Plans;
3.1.3. Roof Plans, Floor Plans, Elevations and Sections;
3.1.4. Reflected Ceiling Plans, details and lighting specifications;
3.1.5. Door and Window Schedule including all relevant details; and,
3.1.6. Enlarged detailed plans of all specialized areas i.e. CRs, Kitchens, etc.
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3.2. Complete signed and sealed Final Civil/Structural Plans and Drawings, including but
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not limited to:

3.2.1. General conditions for civil/structural works Site and excavation works
(including demolition plan of existing Housekeeping Room);
3.2.2. Foundation Plans and details;
3.2.3. Structural Framing Plans and details;
3.2.4. Column and Beam details;
3.2.5. Wall Footing details;
3.2.6. Ceiling Framing Plans and details;
3.2.7. Roof Framing Plans and details; and,
3.2.8. Roof details.
3.3. Complete signed and sealed Final Sanitary/Plumbing Plans and Drawings including
but not limited to:
3.3.1. General Conditions and Analysis and Computations for Water, Drainage and
Sewer Systems;
3.3.2. Water Supply System Layout and details;
3.3.3. Drainage System Layout and details;
3.3.4. Sewer System Layout and details; and
3.3.5. Isometric Diagram of combined Water, Drainage and Sewer Systems.
3.4. Complete signed and sealed Final Mechanical Plans and Drawings including but not
limited to:
3.4.1. General Conditions and HVAC Systems Analysis and Computations;
3.4.2. HVAC Layout and details; and
3.4.3. Fire Detection and Alarm System including Layout and details.
3.5. Complete signed and sealed Final Electrical/Electronics and Communication Plans
and Drawings including but not limited to:
3.5.1. General Conditions and Electrical Load Computations;
3.5.2. Power Distribution, One Line Diagram including Power Layout;
3.5.3. Lighting Layout; and
3.5.4. IT, Telephone, Cable/Satellite, Intercom, CCTV and other electronic layout.
3.6. Complete signed and sealed Architectural Interiors Plans and Drawings including but
not limited to:
3.6.1. Interior Plans, Elevations, Sections with Materials, Finishes and Color matrix;
3.6.2. Detailed Furniture, furnishings and equipment layout and specifications; and,
3.6.3. Detailed Furniture and Furnishings Design or Selections.
3.7. Complete signed and sealed Technical Specifications (Architectural, Engineering and
Interiors), including the General and Special Conditions of the Construction;
3.8. Signed and Sealed Total Project Construction Cost supported with Bill-of-Quantities,
BOQ (Architectural, Engineering and Interiors Works) and Detailed Unit Price
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Analysis (DUPA);
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3.9. Signed and Sealed Structural Calculations (applicable only for Housekeeping Storage
Room); and,
3.10. Signed Construction, Manpower and Cash Flow Schedule in the form of a
PERT/CPM or Gantt Chart.
4. SUBMITTALS. Submission of Outputs and Deliverables shall be as follows:
4.1. For the Schematic Design Phase, shall be consisting of (1) original, (1) copy with
colored visuals, and (1) photocopy;
4.2. For the Design Development Phase, shall be consisting of (1) original, (1) copy with
colored visuals, (1) photocopy; and,
4.3. For the Contract Document Phase, shall be consisting of:
4.3.1. Two (2) sets of unsigned and unsealed 30” x 40” Pre-Final Plans Submissions;
4.3.2. Two (2) sets of signed and sealed in Mylar, 30” x 40” Final Plans Submissions;
4.3.3. Ten (10) sets of signed and sealed 30” x 40” blueprint-copies of the Final Plans
Submissions;
4.3.4. Two (2) sets of signed and sealed complete Technical Specifications
(Architectural, Engineering, Utility);
4.3.5. Two (2) sets of signed and sealed Total Project Construction Cost supported
with Bill-of-Quantities (BOQ) and Detailed Unit Price Analysis (DUPA);
4.3.6. Two (2) sets of signed Construction, Manpower and Cash Flow Schedule in the
form of a PERT/CPM and Gantt Chart; and,
4.3.7. Two (2) sets of signed Schedule of Payment.
5. SUBMISSION OF POST-CONSTRUCTION DOCUMENTARY REQUIREMENTS
The Contractor shall submit the following documents for final inspection and
reference purposes:
5.1. Original Copy of “Record Drawings/Plans” complete with legend, technical
specifications, and measurements;
5.2. Final Project Report including photo documentations before, during, and after
implementation works. Each photo-documentation should have the date and time
stamps, in jpg-format;
5.3. Complete set of As-built Plans from the CONTRACTOR (signed & sealed plans,
including electronic copy in PDF and CAD-format);
5.3.1. One (1) set of original copy in 30” x 40” sheets (drawn on a mylar sheets) signed
and sealed by appropriate professional architects and engineers;
5.3.2. Four (4) sets of blue print copies in 30” x 40” sheets signed and sealed by
appropriate professional architects and engineers; and,
5.3.3. Complete set of electronic files in USB Thumb Drive of “AS-BUILT PLANS”
in PDF and CAD format.
5.4. Material brochures with technical specifications and Manufacturer‟s printed Product
Installation Instructions; and,
5.5. Warranty Certificate of at least five (5) years against poor workmanship and defects
traceable to materials.
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***Nothing follows***
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Section VII. DRAWINGS

AS-BUILT PLAN OF COTTAGES
PARTICULARS #sheets
1. ARCHITECTURAL
1.1. Architectural Plan P1 A-1
1.2. Architectural Plan P2 A-2
2. ROOF
2.1. Roof Plan P1 R-1
2.2. Roof Plan P2 R-2
3. ELECTRICAL
3.1. Electrical Plan P1 E-1
4. SANITARY/PLUMBING
4.1. Sanitary & Plumbing P1 SP-1
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Section VIII. BILL-of-QUANTITIES (BOQ)

Objectives: The objectives of the BOQ are:
(a) to provide sufficient information on the quantities of Works to be performed to enable
Bids to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced BOQ for use in the
periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the BOQ in sufficient detail
to distinguish between the different classes of Works, or between Works of the same nature
carried out in different locations or in other circumstances which may give rise to different
considerations of cost. Consistent with these requirements, the layout and content of the
BOQ should be as simple and brief as possible.
Daywork Schedule: A Daywork Schedule should be included only if the probability of

unforeseen work, outside the items included in the BOQ, is high. To facilitate checking by
the Entity of the realism of rates quoted by the Bidders, the Daywork Schedule should
normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which
basic daywork rates or prices are to be inserted by the Bidder, together with a
statement of the conditions under which the Contractor will be paid for work executed
on a daywork basis.
(b) Nominal quantities for each item of Daywork, to be priced by each Bidder at
Daywork rates as Bid. The rate to be entered by the Bidder against each basic
Daywork item should include the Contractor‟s profit, overheads, supervision, and
other charges.
Provisional Sums: A general provision for physical contingencies (quantity overruns) may
be made by including a provisional sum in the Summary BOQ. Similarly, a contingency
allowance for possible price increases should be provided as a provisional sum in the
Summary BOQ. The inclusion of such provisional sums often facilitates budgetary
approval by avoiding the need to request periodic supplementary approvals as the future need
arises. Where such provisional sums or contingency allowances are used, the SCC should
state the manner in which they will be used, and under whose authority (usually the
Procuring Entity’s Representative’s).
The estimated cost of specialized work to be carried out, or of special goods to be
supplied, by other contractors (refer to GCC Clause 8) should be indicated in the relevant part
of the BOQ as a particular provisional sum with an appropriate brief description. A separate
procurement procedure is normally carried out by the Procuring Entity to select such
specialized contractors. To provide an element of competition among the Bidders in respect
of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional
sum should be followed by an item in the BOQ inviting the Bidder to quote a sum for such
amenities, facilities, attendance, etc.
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Signature Box: A signature box shall be added at the bottom of each page of the BOQ
where the authorized representative of the Bidder shall affix his signature. Failure of the
authorized representative to sign each and every page of the BOQ shall be a cause for
rejection of his bid.
These Notes for Preparing a BOQ are intended only as information for the Procuring
Entity or the person drafting the Bidding Documents. They should not be included in the
final documents
Bill of Quantities (BOQ)

Participating Bidder shall place its tender/quotation or bid on the prescribed form of
Bill-of-Quantities (BOQ).
The BOQ will form part of the Bidder’s Financial Bid Documents. Refer to BOQ-
template “F02_XXX=EXCEL_Bill-of-Quantities=<BidderName>.xlsx” in the DVD provided,
which form part of this OBD.
INSTRUCTION to BIDDERS:
1. Bid for any item that will not be referred to the details of the Drawings/Plans and
Technical Specifications will not be considered as part of the tendered bid;
2. Bidders are required to carefully and thoroughly follow the “Instructions: How to Fill-out
BOQ” found in Section XI of this OBD.
*** nothing follows ***
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Section IX. BIDDING FORMS

TABLE OF CONTENTS
FORM 1: STATEMENT OF ALL ONGOING CONTRACTS INCLUDING
CONTRACTS AWARDED BUT NOT YET STARTED ............................ 94
FORM 2: STATEMENT OF BIDDER'S SINGLE LARGEST COMPLETED
CONTRACT (SLCC) ........................................................................... 95
FORM 3: NET FINANCIAL CONTRACTING CAPACITY ......................... 96
FORM 4: BID SECURING DECLARATION ............................................ 98
FORM 5: CERTIFICATE OF SITE INSPECTION .................................. 100
FORM 6: LIST OF MAJOR EQUIPMENT UNITS .................................. 101
FORM 7: OMNIBUS SWORN STATEMENT ......................................... 102
FORM 8: MANPOWER SCHEDULE .................................................... 106
FORM 9: EQUIPMENT UTILIZATION SCHEDULE ............................... 107
FORM 10: FINANCIAL BID FORM ...................................................... 108
FORM 11: CV OF KEY PERSONNEL ................................................. 113
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Bidder’s LETTERHEAD
FORM 1: STATEMENT OF ALL ONGOING CONTRACTS INCLUDING
CONTRACTS AWARDED BUT NOT YET STARTED
01. THIS FORM SHOULD BE ACCOMPLISHED USING THE BIDDER'S LETTERHEAD, SIGNED COPY SHOULD BE SUBMITTED AS
PART OF THE ELIGIBILITY DOCUMENTS MARKED AS "E02";
02. IF THERE IS NO ONGOING INCLUDING AWARDED BUT NOT YET STARTED GOVERNMENT OR PRIVATE CONTRACTS, STATE
“NONE”, OR EQUIVALENT TERM;
03. THE TOTAL AMOUNT OF THE ONGOING AND AWARDED BUT NOT YET STARTED CONTRACTS SHOULD BE CONSISTENT WITH
THOSE FIGURES USED IN THE NET FINANCIAL CONTRACTING CAPACITY (NFCC);
04. THE MS-EXCEL FILE AND THE IMAGE COPY (IN PDF OR JPEG FORMAT) OF THE SIGNED COPY OF THIS DOCUMENT
MUST BE PART OF THE ELECTRONIC FILES THAT SHOULD BE CONTAINED IN THE SUBMITTED USB THUMB DRIVE;
05. THE FILENAME STRUCTURE SHOULD BE “E02_XXX=EXCEL_ALL_ONGOING_CONTRACTS =<BIDDERNAME >”, PLUS
“E02_XXX=IMAGE_ALL_ONGOING_CONTRACTS=<BIDDERNAME>”; AND,
06. BIDDER SHALL SUBMIT WITHIN FIVE (5) CALENDAR DAYS FROM NOTIFICATION FROM THE BAC THAT THE BIDDER HAS THE
LOWEST CALCULATED BID THE FOLLOWING:
 PHOTOCOPY OF THE NOTICE-OF-AWARD (NOA) FOR CONTRACTS AWARDED BUT NOT YET STARTED; AND,
 PHOTOCOPY OF NOTICE-TO-PROCEED (NTP); AND,
 PHOTOCOPY OF THE CONTRACT FOR THE PROJECT/S; AND,
 CERTIFIED TRUE COPY OF THE “CERTIFICATE OF W ORK ACCOMPLISHMENT” SIGNED BY PROJECT OWNER OR PROJECT
ENGINEER FOR ALL ONGOING CONTRACTS.
Note: Excel file will be provided in DVD, which form part of the OBD bought by the
Bidder.
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FORM 2: STATEMENT OF BIDDER'S SINGLE LARGEST COMPLETED
CONTRACT (SLCC)
01. THIS FORM SHOULD BE ACCOMPLISHED USING THE BIDDER'S LETTERHEAD, SIGNED COPY SHOULD BE SUBMITTED AS
PART OF THE ELIGIBILITY DOCUMENTS MARKED AS "E03";
02. ATTACHED PHOTOCOPY OF CERTIFICATE OF COMPLETION/FINAL ACCEPTANCE OR A FINAL RATING OF AT LEAST
SATISFACTORY IN THE CONSTRUCTORS PERFORMANCE EVALUATION SYSTEM (CPES) ISSUED BY THE PROJECT OWNER;
03. THE TOTAL AMOUNT OF THE SLCC SHOULD BE EQUIVALENT TO AT LEAST FIFTY PERCENT (50%) OF THE ABC;
04. THE SIGNED COPY OF THIS DOCUMENT (IN PDF OR JPEG FORMAT) MUST BE PART OF THE ELECTRONIC FILES THAT
SHOULD BE CONTAINED IN THE SUBMITTED USB THUMB DRIVE;
05. THE FILENAME STRUCTURE SHOULD BE “E03_XXX=SINGLE_LARGEST_COMPLETED_CONTRACT=<BIDDERNAME>”; AND,

06. BIDDER SHALL SUBMIT WITHIN FIVE (5) CALENDAR DAYS FROM NOTIFICATION FROM THE BAC THAT THE BIDDER HAS THE
LOWEST CALCULATED BID THE PHOTOCOPY OF NOTICE-OF-AWARD, NOTICE-TO-PROCEED, AND CONTRACT.
Note: Excel file will be provided in DVD.
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FORM 3: NET FINANCIAL CONTRACTING CAPACITY
01. THIS FORM SHOULD BE ACCOMPLISHED USING THE BIDDER‟S LETTERHEAD, SIGNED COPY SHOULD BE SUBMITTED AS PART OF THE
ELIGIBILITY DOCUMENTS MARKED AS “E04”;
02. THE SIGNED COPY OF THIS DOCUMENT (IN PDF OR JPEG FORMAT) MUST BE PART OF THE ELECTRONIC FILES THAT SHOULD BE
CONTAINED IN THE SUBMITTED USB THUMB DRIVE; AND,
03. THE FILENAME STRUCTURE SHOULD BE “E04_XXX=NFCC_COMPUTATION=<BIDDERNAME>”.
A. Summary of the Applicant/Bidder‟s assets and liabilities on the basis of the attached
income tax return and audited financial statement, stamped “RECEIVED” by the Bureau
of Internal Revenue or BIR authorized collecting agent, for the immediately preceding
year and a certified copy of Schedule of Fixed Assets particularly the list of construction
equipment.
Year 2017
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Net Worth (1-3)
6. Net Working Capital (2-4)
B. The Net Financial Contracting Capacity (NFCC) based on the above data is computed as
follows:
NFCC = [(current asset minus current liabilities) (15)] minus [value of all outstanding or
uncompleted portions of the projects under ongoing contracts including awarded contracts
yet to be started coinciding with the contract to be bid].
NFCC1= ___________________
Herewith attached are certified true copies of the Income Tax Return (filed through the
Electronic Filing and Payments System (EFPS) and Audited Financial Statement: stamped
“RECEIVED” by the BIR or BIR authorized collecting agent for the immediately preceding
year.
SIGNATURE OF THE AUTHORIZED REPRESENTATIVE

NAME OF THE AUTHORIZED REPRESENTATIVE
POSITION TITLE OF SIGNATORY:
NAME OF FIRM\BIDDER:
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1 Fill-out the value of NFCC based on the above suggested formula.

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POSTAL ADDRESS:
TELEPHONE NUMBER:
EMAIL ADDRESS:
NOTE:
1. If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit the above
requirements.
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FORM 4: BID SECURING DECLARATION
TECHNICAL DOCUMENTS MARKED AS “T01”;
03. THE FILENAME STRUCTURE SHOULD BE “T01_XXX=BID_SECURITY=<BIDDERNAME>”.
REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.
x-------------------------------------------------------x
BID SECURING DECLARATION

Issued by the GPPB through Amended GPPB Resolution 15-2014 on 20June2014
Invitation to Bid No. IB19-387299-04
To : Development Academy of the Philippines

[email protected]
I/We, the undersigned, declare that:
[1] I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which is in the form of a Bid-Securing Declaration;
[2] I/We accept that:

a. I/we will be automatically disqualified from bidding for any contract with any
procuring entity for a period of two (2) years upon receipt of your Blacklisting Order;
and,
b. I/we will pay the applicable fine provided under Section 6 of the Guidelines on the
Use of Bid Securing Declaration, within fifteen (15) days from receipt of the
written demand by the DAP for the commission of acts resulting to the
enforcement of the bid securing declaration under Section 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; and,
c. If I/we am/are declared as the Bidder with the Lowest Calculated Responsive Bid, and
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I/we shall have furnished the Performance Security and have signed the Contract.
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IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this __TH day of
<month> 2019 at [place of execution].
AFFIANT
Signature of the Authorized Representative

Name of the Authorized Representative
Position Title of Signatory:
Name of Firm\Bidder:
Postal Address:
Telephone Number:
email address:
SUBSCRIBED AND SWORN to before me this __TH day of <month> 2019 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 two (2) government
identification cards used], with his/her photograph and signature appearing thereon, with 1st
ID No. ______ issued on ______ at ______ and 2nd ID No. ______ issued on ______ at
______.
Witness my hand and seal this __TH day of <month> 2019.
Signature of the NOTARY PUBLIC
NAME OF THE NOTARY PUBLIC
Serial No. of Commission

Notary Public for
…until
PTR No.(date & place issued)
IBP No.(date & place issued)
Doc. No.
Page No.
Book No.
Series of 2019
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FORM 5: CERTIFICATE OF SITE INSPECTION

01. SIGNED COPY SHOULD BE SUBMITTED AS PART OF THE TECHNICAL DOCUMENTS MARKED AS “T02”;
03. THE FILENAME STRUCTURE SHOULD BE “T02_XXX=CERT_SITE_INSPECTION=<BIDDERNAME>”.

BIDS & AWARDS COMMITTEE per SO#2018-119 dated 24 October 2018
CERTIFICATE OF SITE INSPECTION

in
DAP Conference Center Tagaytay City
BIDDING NO.: IB19-387299-04
CONTRACT: ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH /
RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC
TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT,
TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS
Bidder’s Rep.#1
Name /Position
Bidder’s Rep.#2
Name / Position
Bidder’s Rep.#3
Name / Position
Bidder’s Rep.#4
Name / Position
DAP Representative
during inspection
Date and time of
Inspection
This is to certify that we have adequately This is to certify that the above-named
inspected the DAPCC-Tagaytay facilities and Bidder/Bidder‟s Representative had indeed
was able to get enough info/data pertaining to visited/ inspected the DAPCC-Tagaytay
the above stated Project. facilities in reference to the above stated
Project.
By Bidder/ Bidder‟s Authorized
Representative: By:
Signature: __________________________ Signature: ________________________
Name: _____________________________ Name: ___________________________
Position Title: _______________________ Position Title: _____________________

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FORM 6: LIST OF MAJOR EQUIPMENT UNITS
02. USE ADDITIONAL PAGE/S AS NECESSARY;
04. THE FILENAME STRUCTURE SHOULD BE “T05_XXX=LIST_OF_AVAILABLE_EQUIPMENT=<BIDDERNAME>”.
{insertdate}
MINIMUM EQUIPMENT REQUIREMENT

[refer to Bid Data Sheet-ITB Clause 12.1(b)(ii.3)]
Proof of
Ownership/
Capacity/ Motor Lessor or Vendor
Item No. of Model/Year Plate Specific
Equipment Description Performan No./ Condition (Indicate if Owned,
No. Unit (s) Manufactured No. Location
ce/Size Body No. Leased, or Under
Purchase
Agreements)
1 Jackhammer
Power Tools (i.e.
Grinder, Tile
2
Trimmer, Hand Drill,
etc.)
Safety Equipment
3
(PPE)/ Paraphernalia
4 Other Equipment…
5 …
nth …
Failure of the prospective bidder to state a complete technical description of the pledged equipment and the
specific location, whether owned, leased or under purchased agreement shall result in the bidder's automatic post-
disqualification for award of contract forfeiture of its bid security.
This is to certify that undersigned commits to provide and make available all
equipment listed above for the project: ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH
/ RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF DESIGN,
MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS PER
IB19-387299-04.

NAME OF THE AUTHORIZED REPRESENTATIVE:
POSTAL ADDRESS:
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TELEPHONE NUMBER:
EMAIL ADDRESS:
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FORM 7: OMNIBUS SWORN STATEMENT
02. ABSENCE OF THIS STATEMENT SHALL RENDER THE BID AS „INELIGIBLE‟;
04. THE FILENAME STRUCTURE SHOULD BE “T06_XXX=NOTARIZED_OMNIBUS_SWORN_STATEMENT=<BIDDERNAME>”.
REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of
Affiant], after having been duly sworn in accordance with law, do hereby depose and state
that:
[1] Select one, delete the other:
If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with principal
business 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 principal business address
at [address of Bidder];
[2] Select one, delete the other:
If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have
full power and authority to do, execute and perform any and all acts necessary to
represent it in the bidding for the “ONE (1) LOT REPAIR/ REHAB/ RENOVATE /
REFURBISH / RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY
INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY &
INSTALLATION OF FIT-OUTS” PER IB19-387299-04.
If a partnership, corporation, cooperative, or joint venture: I am granted full power
and authority to do, execute and perform any and all acts necessary and/or to
represent the [Name of Bidder] in the bidding as shown in the attached [state title of
attached document showing proof of authorization (e.g., duly notarized Secretary’s
Certificate issued by the corporation or the members of the joint venture)];
[3] That in compliance with all the requirements of the Official Bidding Documents (OBD), I
certify that [Name of Bidder]:
102
a) 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
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… p.103/126
government/foreign or international financing institution whose blacklisting rules

have been recognized by the Government Procurement Policy Board;
b) Will undertake the construction of the PROJECT in accordance with Bid Data Sheet,
Special Condition of Contracts, Schedule of Requirements and Scope-of-Works,
Technical Specifications, Construction Plans/Drawings, and other particulars
prescribed in the OBD.
c) Will facilitate and pay all needed permits pertaining to the PROJECT.
d) Will submit the following documents before the issuance of Certificate of
Completion and release of payment for the final progress billing as specified in
Section V, SCC Clauses 51.1 and 51.2:
i) The As-Built Drawings, narrative reports, and colored photos stamped with date
and time demonstrating before, during, and after construction works;
ii) To submit material brochures with technical specifications and Manufacturer’s
printed Product Installation Instructions; and,
iii) To submit Warranty Certificate of at least five (5) years against poor
workmanship defects traceable to materials supplied/installed from the issuance
of Certificate of Completion.
e) 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.
[4] [Name of Bidder] is authorizing the Head of the Development Academy of the
Philippines (DAP) or its duly authorized representative(s) to verify all the documents
submitted;
[5] Select one, delete the rest:
I am not related to the Head of the Development Academy of
If a sole proprietorship:
the Philippines, 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;
None of the officers and members of [Name of Bidder] is
If a partnership or cooperative:
related to the Head of the Development Academy of the Philippines, 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 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 Development
Academy of the Philippines, 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;
103
[6] [Name of Bidder] complies with existing labor laws and standards; and,
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[7] [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 “ONE (1) LOT REPAIR/
REHAB/ RENOVATE / REFURBISH / RESTORE OF EXISTING TWO (2) COTTAGES IN
DAPCC TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR,
AND SUPPLY & INSTALLATION OF FIT-OUTS” PER IB19-387299-04.
[8] [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.
[9] That I am making this statement as part of the requirements for the Technical Proposal
of the [Name of Bidder] for the “ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH /
RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF DESIGN,
MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS”
PER IB19-387299-04 of the DAP.
IN WITNESS WHEREOF, I have hereunto set my hand this __TH day of <month>, 2019 at
____________, Philippines.
Signature of the Authorized Representative

Name of the Authorized Representative:
Position Title of Signatory:
Name of Firm\Bidder:
Postal Address:
Telephone Number:
email address:
SUBSCRIBED AND SWORN to before me this __TH day of <month>, 2019 at [place of
execution], Philippines. Affiant/s is/are personally known to me and was/were identified
by me through competent evidence of [IDENTIFICATION-TYPE &NUMBER]as defined in the
2004 Rules on Notarial Practice (A.M. No.02-8-13-SC). Affiant/s exhibited to me his/her
[insert two (2) government identification cards used], with his/her photograph and signature
appearing thereon, with 1st ID No. ______ issued on ______ at ______ and 2nd ID No.
______ issued on ______ at ______.
Witness my hand and seal this __TH day of <month>, 2019.

104
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Signature of the NOTARY PUBLIC
Name of the NOTARY PUBLIC
Serial No. of Commission

Notary Public for
…until
PTR No.(date & place issued)
IBP No.(date & place issued)
Doc. No.
Page No.
Book No.
Series of 2019
105
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FORM 8: MANPOWER SCHEDULE
01. THIS FORM SHOULD BE ACCOMPLISHED USING THE BIDDER‟S LETTERHEAD, SIGNED COPY SHOULD BE SUBMITTED BY THE
SUCCESSFUL BIDDER AS PART OF THE ADDITIONAL DOCUMENTS SPECIFIED IN SECTION III, BDS CLAUSE 31.4(F);
02. WHEN FILLED-OUT, THIS FORM SHOULD CONTAIN THE BIDDER‟S W RITE-UP THAT WILL PROVIDE DAP THE NAME OF THE BIDDER‟S
PROPOSED SCHEDULE FOR THE PROPOSED KEY PERSONNEL FOR THE PROJECT;
04. THE SIGNED COPY OF THIS DOCUMENT (IN PDF OR JPEG FORMAT) PLUS THE EXCEL FILE MUST BE PART OF THE ELECTRONIC
FILES THAT SHOULD BE CONTAINED IN THE SUBMITTED USB THUMB DRIVE; AND,
05. THE FILENAME SHOULD BE STRUCTURED AS EXPLAINED IN “Section XII. FILENAMES”.
{insertdate}
Reports Due/Activities Weeks (in the Form of a Bar Chart)

(Use additional/
Name Position
separate sheet if 1 2 3 4 5 6 7 Nth sum
needed)
(1)
(2)
(3)
(4)
(5)
This is to certify that undersigned commits to finish the requirements on or before the
prescribed date for the undertaking we bid re: ONE (1) LOT REPAIR/ REHAB/ RENOVATE /
REFURBISH / RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF
DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-
OUTS PER IB19-387299-04.

POSTAL ADDRESS:
TELEPHONE NUMBER:
EMAIL ADDRESS:
106
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FORM 9: EQUIPMENT UTILIZATION SCHEDULE
01. THIS FORM SHOULD BE ACCOMPLISHED USING THE BIDDER‟S LETTERHEAD, SIGNED COPY SHOULD BE SUBMITTED BY THE
SUCCESSFUL BIDDER AS PART OF THE ADDITIONAL DOCUMENTS SPECIFIED IN SECTION III, BDS CLAUSE 31.4(F);
{insertdate}
Weeks
Category/Equipment
1 2 3 4 5 6 7 8 9 10 11 12 Nth
1. Jackhammer
2. Power Tools (i.e. Grinder, Tile
Trimmer, Hand Drill, etc.)
3. Safety Equipment (PPE)/
Paraphernalia
4. Other Equipment…
5…
Nth …
One of the requirements from the Bidder to be included in the Technical Envelope is its equipment utilization
schedule, referring to the weekly or monthly scheduling of the minimum equipment required for the project.
This is to certify that undersigned commits to provide and make available all
equipment listed above for the project: ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH
/ RESTORE OF EXISTING TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF DESIGN,
IB19-387299-04.

POSTAL ADDRESS:
TELEPHONE NUMBER:
EMAIL ADDRESS:
107
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FORM 10: FINANCIAL BID FORM
FINANCIAL BID DOCUMENTS MARKED AS “F01”;
03. THE FILENAME STRUCTURE SHOULD BE “F01_XXX=FINANCIAL_BID_FORM=<BIDDERNAME>”.
Date: ______________
BIDS & AWARDS COMMITTEE

3F, dap Bldg., San Miguel Avenue, Pasig City 1600
Telephone:
(632) 631-0921 loc. 133
BAC Secretariat email:
[email protected]
Website address:
We, the undersigned, declare that:

(a) We have examined and have no reservation to the Bidding Documents, including
Addenda, for the Contract: ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH /
MATERIALS, EQUIPMENT, TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS per
IB19-387299-04;
(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;
(c) The Summary of our Bid Price is:
DIRECT COST INDIRECT COST
VAT TOTAL
(MAT’L + LABOR&EQPT) (OCM+PROFIT)
AMOUNT
DISCOUNT, IF ANY
PROPOSED
CONTRACT PRICE
GRAND TOTAL, IN
WORDS
(d) The discounts offered and the methodology for their application are: [insert
information];
DISCOUNT AMOUNT,
108
IF ANY, INCLUDING
MANNER IT WILL BE
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… p.109/126
APPLIED
(e) Our Bid shall be valid for a period of ONE HUNDRED TWENTY (120) DAYS 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;
(f) 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;
(g) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from the following eligible countries: [insert information, add additional
sheets if needed];
(h) 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;
(i) 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;
(j) 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;
(k) We understand that you are not bound to accept the Lowest Calculated Bid or any other
Bid that you may receive.
(l) 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 PROJECT; and,
(m) We acknowledge that failure to sign each and every page of this Bid Form, including the
BOQ, shall be a ground for the rejection of our bid.
Yours sincerely,

NAME OF THE AUTHORIZED REPRESENTATIVE
POSTAL ADDRESS:
TELEPHONE NUMBER:
EMAIL ADDRESS:
109
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Form 11: FORMAT OF CURRICULUM VITAE (CV) FOR ALL
PROPOSED PERSONNEL TO BE ASSIGNED TO THE PROJECT
01. SIGNED COPY SHOULD BE SUBMITTED BY THE SUCCESSFUL BIDDER AS PART OF THE ADDITIONAL DOCUMENTS SPECIFIED IN
SECTION III, BDS CLAUSE 31.4(F);
02. WHEN FILLED-OUT, THESE FORMS SHOULD CONTAIN THE BIDDER‟S W RITE-UP THAT PROVIDE DAP THE NAME OF THE BIDDER‟S
KEY PERSONNEL WHO WILL BE ENGAGED FOR THE PROJECT INCLUDING THEIR RESPECTIVE TASKS;
03. USE ADDITIONAL PAGE/S AS NECESSARY. RECENT ID PHOTO OF THE PERSONNEL MUST BE INSERTED;
04. THE SIGNED COPY OF THESE DOCUMENTS (IN PDF OR JPEG FORMAT) MUST BE PART OF THE ELECTRONIC FILES THAT SHOULD BE
CONTAINED IN THE SUBMITTED USB THUMB DRIVE; AND
{insertdate}
.
PROPOSED POSITION:
[PROPOSED POSITION] TNN
NAME OF FIRM:
FULL NAME OF THE STAFF

MEMBER:
PROFESSION:
[Recent ID Photo]
YEARS OF PROFESSIONAL
EXPERIENCE:
PRC ID NO.[Note: REG. DATE:
attach photocopy of VALID UNTIL:
PRC ID, if applicable]
PTR NO.[Note: attach
DATE& PLACE OF
photocopy of PTR
ISSUE:
receipt, if applicable]
DATE OF BIRTH: NATIONALITY: YEARS WITH THE
FIRM/ENTITY:
DETAILED TASKS ASSIGNED IN RELATION TO THE PROJECT:
01.
02.
03.
04.
05.
KEY QUALIFICATIONS IN RELATION TO THE PROJECT: [Give an outline of experience relative to the proposed position;
involvement in other projects ongoing; and, training most pertinent to tasks on project. Describe degree of responsibility held on relevant
previous projects and give dates and locations]
A. EXPERIENCE RELATIVE TO THE PROPOSED POSITION:



110
B. INVOLVEMENT IN OTHER PROJECTS ONGOING [List of all current projects, locations, positions and target date of
completion. Use additional sheet/s, if needed]
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PROPOSED POSITION:
[PROPOSED POSITION] TNN



C. RELEVANT TRAININGS TO TASKS ON PROJECT [Attach photo-copy of Certificate/s]:



EDUCATION: [Summarize college/university and other specialized education giving names of schools, dates attended, and degrees
obtained; use additional sheet/s, if needed]




EMPLOYMENT RECORD: [Starting with present position, list in reverse order every employment held. List all positions held
since graduation, giving dates, names of employing organizations, titles of positions and locations of projects. For experience in last ten
years, also give types of activities performed; use additional sheet/s, if needed]
1)
2)
3)
4)
5)
LANGUAGES: [For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing; use additional
sheet/s, if needed]
A.
B.
C.
C ERTIFICATION
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.
In the event that the contract ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH /
IB19-387299-04 is awarded to [name of company], I firmly commit to assume the post of
[designated position].
SIGNATURE OF THE DATE

PROPOSED PERSONNEL: SIGNED:
The [bidder] firmly commits to engage and assign the above person as [position] should the
project be awarded.
111

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POSTAL ADDRESS:
TELEPHONE NUMBER:
EMAIL ADDRESS:
112
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FORM OF CONTRACT AGREEMENT

CONTRACT AGREEMENT
THIS CONTRACT, made this __th day of ______ 2019 between Development Academy of the
Philippines, hereinafter called the “DAP” and [name and address of Bidder] (hereinafter called
the “CONTRACTOR”).
WHEREAS, the DAP is desirous that the CONTRACTOR execute the project: “ONE (1) LOT
REPAIR/ REHAB/ RENOVATE / REFURBISH / RESTORE OF EXISTING TWO (2) COTTAGES IN
DAPCC TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT, TOOLS, LABOR, AND
SUPPLY & INSTALLATION OF FIT-OUTS” PER IB19-387299-04 (hereinafter called the
“WORKS”), and the DAP 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 defect therein.
NOW THIS CONTRACT WITNESSETH AS FOLLOWS:

1. In this Contract, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be attached, deemed to form, and be read and construed as
part of this Contract, to wit:
2.1. General and Special Conditions of Contract;
2.2. Drawings/Plans;
2.3. Specifications;
2.4. Invitation to Bid;
2.5. Instructions to Bidders;
2.6. Bid Data Sheet;
2.7. Addenda and/or Supplemental/Bid Bulletins, if any;
2.8. Bid forms, including all the documents/statements contained in the Bidder‟s bidding
envelopes, as annexes;
2.9. Eligibility requirements, documents and/or statements;
2.10. Performance Security;
2.11. Credit line issued by a licensed bank, if any;
2.12. Notice of Award of Contract and the Bidder‟s conforme thereto;
2.13. Other contract documents that may be required by existing laws and/or the DAP.
113
3. In consideration of the payments to be made by the DAP to the CONTRACTOR as

hereinafter mentioned, the CONTRACTOR hereby covenants with the DAP to execute
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and complete the WORKS and remedy any defects therein in conformity with the
provisions of this Contract in all respects.
4. The DAP hereby covenants to pay the CONTRACTOR in consideration of the execution
and completion of the WORKS, 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.
for the Development Academy of the for the {name of the Firm of the Winning
Philippines(“DAP”): Bidder} (“CONTRACTOR”):
Atty. ENGELBERT C. CARONAN, JR., MNSA name of Authorized Representative.

President and CEO position-title of “Bidder”
***witnesses ***
Witness1 of DAP Witness1 of the Bidder

position-title of “DAP’s Witness1” position-title of “Bidder’s Witness1”
Witness2 of DAP Witness2 of the Bidder

position-title of “DAP’s Witness2” position-title of “Bidder’s Witness2”
REMINDER: [Addendum showing the corrections, if any, made during the bid evaluation and/or negotiation
should be attached to this Contract] 114
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Section X. BID DOCUMENT CHECKLIST

CHECKLIST No.1: ELIGIBILITY AND TECHNICAL DOCUMENTS
01. All submissions of the Bidder must clearly indicate the document number. For example, photocopy of
valid SEC registration papers (i.e., 5 pcs) of “Bidder Corporation” should be marked “E01~1”,
“E01~2”, “E01~3”, “E01~4”, and “E01~5” for Eligibility Documents and “T01~1”, “T01~2”,
“T01~3”, “T01~4”, and “T01~5” for Technical Documents.
02. On this checklist; the column “As Checked” shall be marked …

 “PASSED” to indicate that said document was available; or
 “FAILED” when the document listed is not available in the bid proposal submitted; or
 “NO NEED” if the item in the checklist was not appropriate or no longer required.
03. During the evaluation at the stage of post-qualification, a proposal may still be declared “not eligible” or
“failed” if the contents / substance of the submitted document is missing, or is found inappropriate, or
does not comply with the given requirements for this transaction.
Bidding No. Total ABC:
IB19-387299-04 P4,000,000.00
Particulars:
ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH / RESTORE OF EXISTING TWO (2)
COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS, EQUIPMENT, TOOLS,
LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS
DAP Bldg., San Miguel Avenue, DATE & April 15, 2019 (Monday) at
Venue of Bid
TIME of Bid
Opening Ortigas Center, Pasig City 10:00 AM
Opening
COMPANY NAME:
?
INFORMATION
BIDDER’s
COMPANY HEAD OFFICE MAILING ADDRESS:

?
COMPANY WEBSITE OR EMAIL ADDRESS:
?
Representative NAME OF THE COMPANY REPRESENTATIVE:
attending the ?
Bidding: POSITION TITLE OF THE COMPANY REPRESENTATIVE:
?
JV info: IS THE BIDDER INTO JOINT VENTURE AGREEMENT WITH ANOTHER ENTITY/IES? YES NO
THE ELIGIBILITY REQUIREMENTS

dap DOES NOT ALLOW ANY BIDDER from any country outside the Philippines
CLASS “A” ELIGIBILITY DOCUMENTS mark As Checked
1) Photocopy of valid PhilGEPS Certificate of Registration, per E01 ☐Passed
BDS Clause 12.1(a), item no. 1. ☐Failed
2) Statement of ALL ONGOING government and private E02 ☐Passed
contracts, including contracts awarded but not yet started, if ☐Failed
any, per BDS Clause 12.1(a), item no. 2.
3) Statement of a SINGLE LARGEST COMPLETED E03 ☐Passed
CONTRACT (SLCC) similar to the contract to be bid, per ☐Failed
BDS Clause 12.1(a), item no. 3., and supported by photocopy
of the following documents issued by the Owner of the project
115
other than the contractor:

 Certificate of Final Acceptance or Completion, whichever
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… p.116/126
CLASS “A” ELIGIBILITY DOCUMENTS mark As Checked

is applicable; or
 Photocopy of final rating of at least Satisfactory in the
Constructors Performance Evaluation System (CPES).
4) NFCC computation, per BDS Clause 12.1(a), item no. 4. E04 ☐Passed
☐Failed
5) Photocopy of valid PCAB License and Registration, per BDS E05 ☐Passed
Clause 12.1(a), item no. 5. ☐Failed
CLASS “B” ELIGIBILITY DOCUMENTS
6) If applicable, valid Joint Venture Agreement (JVA), in case E06 ☐Passed
the joint venture is already in existence, or duly notarized ☐Failed
statements from all the potential joint venture partners stating ☐N/A
that they will enter into and abide by the provisions of the JVA
in the instance that the bid is successful, shall be included in
the bid.
END OF ELIGIBILITY DOCUMENTS CHECKLIST
BAC’s Remarks:  PASSED  FAILED  FOR RECONSIDERATION
CHECKED BY: ENDORSED BY: DOCUMENTS RECEIVED BY:
Engr. ANTONIO L. ALEGRIA BERNARDO A. DIZON Atty. REMUS ROMANO A. REYES

TWG Chairperson BAC Chairperson BAC Secretariat, Director
116
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THE TECHNICAL REQUIREMENTS

TECHNICAL DOCUMENTS Mark As Checked
1) Bid security in the prescribed form, amount and validity T01 ☐Passed
period, per BDS Clause 18.1. ☐Failed
2) Certificate of Site Inspection duly signed by authorized DAP T02 ☐Passed
Officer, per BDS Clause 12.1(b), item no. 2.1. ☐Failed
3) Proposed Organizational Chart for the Project, per BDS T03 ☐Passed
Clause 12.1(b), item no. 2.2. ☐Failed
4) List of Bidder‟s Key Personnel for the Project, in Bidder‟s T04 ☐Passed
Letterhead, per BDS Clause 12.1(b), item no. 2.3. ☐Failed
5) List of Bidder‟s available equipment units, per BDS Clause T05 ☐Passed
12.1(b), item no. 2.4. ☐Failed
6) Duly Notarized Omnibus Sworn Statement, per BDS Clause T06 ☐Passed
12.1(b), item no. 3. ☐Failed
7) USB Thumb Drive containing electronic-copies of the T07 ☐Passed
submitted bid proposal (eligibility documents and technical ☐Failed
documents) as explained in Section XII: FILENAMES.
END OF TECHNICAL DOCUMENTS CHECKLIST
CHECKED BY: ENDORSED BY: DOCUMENTS RECEIVED BY:

117
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CHECKLIST No. 2: FINANCIAL BID COMPONENT

01. All submissions of the Bidder must clearly indicate the document number. For example, the financial
documents F01-FINANCIAL BID FORM (e.g, 4 pcs) should be marked “F01~1”, “F01~2”, “F01~3” and
“F01~4”.
02. On this checklist; the column “As Checked” shall be marked …
 “PASSED” to indicate that said document was available; or
 “FAILED” when the document listed is not available in the bid proposal submitted;
03. During the evaluation at the stage of post-qualification, a proposal may still be declared “not eligible” or
“failed” if the contents / substance of the submitted document is missing, or is found inappropriate, or does
not comply with the given requirements for this transaction.
Total ABC:
P4,000,000.00
Bidding No.
IB19-387299-04
Particulars:
ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH / RESTORE OF EXISTING
TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS,
EQUIPMENT, TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS
Venue of Bid DAP Bldg., San Miguel Avenue, DATE & TIME of April 15, 2019 (Monday) at
Opening Ortigas Center, Pasig City Bid Opening 10:00 AM
COMPANY NAME:
?
INFORMATION
BIDDER’s
COMPANY HEAD OFFICE MAILING ADDRESS:

?
COMPANY WEBSITE OR EMAIL ADDRESS:
?
Representative NAME OF THE COMPANY REPRESENTATIVE:
attending the ?
Bidding: POSITION TITLE OF THE COMPANY REPRESENTATIVE:
?
JV info: IS THE BIDDER INTO JOINT VENTURE AGREEMENT WITH ANOTHER ENTITY/IES? YES NO
THE FINANCIAL BID REQUIREMENTS
FINANCIAL BID REQUIREMENTS Mark As Checked
1) FINANCIAL BID FORM as prescribed in per BDS Clause F01 ☐Passed
13.1, item no. 1. ☐Failed
2) Duly signed Bill-of-Quantities (BOQ) as prescribed in per F02 ☐Passed
BDS Clause 13.1, item no. 2.1. ☐Failed
3) Payment Schedule as prescribed in per BDS Clause 13.1, item F03 ☐Passed
no. 2.2. ☐Failed
4) USB Thumb Drive containing electronic-copies of the F04 ☐Passed
submitted bid proposal (financial documents) as explained in ☐Failed
Section XII: FILENAMES.
END OF FINANCIAL BID COMPONENT CHECKLIST
CHECKED BY: NOTED BY: DOCUMENTS RECEIVED BY:
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Section XI. INSTRUCTIONS ON HOW TO

FILL-OUT BOQ
Notes to the Bidders:
This Section of the Official Bidding Documents provides the information necessary for
interested Bidders to prepare responsive bids, in accordance with the requirements of DAP. It
also provides information as well as step-by-step guide in preparing a financial bid acceptable
to DAP. A separate DVD containing an e-copy of this file as well as the e-copy of the BOQ
had been meticulously prepared to ensure comparability of bids.
Bids found to be non-compliant shall be declared “not eligible” and will be a ground for
the forfeiture of the Bid Security. However, compliance to the instructions herein detailed
does not guarantee award.
The tendered Bid shall be assessed on the basis of what is deemed advantageous to DAP,
in particular, and to the Government, in general before an award will be served.
This Section contains provisions that are to be used unchanged.
Total ABC:
P4,000,000.00
Bidding No.
IB19-387299-04
ONE (1) LOT REPAIR/ REHAB/ RENOVATE / REFURBISH / RESTORE OF EXISTING
Particulars:
TWO (2) COTTAGES IN DAPCC TAGAYTAY INCLUSIVE OF DESIGN, MATERIALS,

EQUIPMENT, TOOLS, LABOR, AND SUPPLY & INSTALLATION OF FIT-OUTS
Venue of DAP Bldg., San Miguel Avenue, DATE & TIME
Bid Opening Ortigas Center, Pasig City of Bid Opening April 15, 2019 (Monday) at 10:00 AM
A. INSTRUCTION to BIDDERS:
A.1. Using MicroSoft Excel v2010, retrieve from the DVD the filename…
“F02_XXX=EXCEL_Bill-of-Quantities=<BidderName>.xlsx”;
A.2. Save the said excel file with another filename “F02_XXX=EXCEL_Bill-of-
Quantities=<BidderName>.xlsx”, where “<BidderName>” represents the Bidder‟s name;
A.3. This file is password protected. DO NOT ATTEMPT to crack the password in order
not to disturb the formulations. The built-in formulas were meant to assist the
Bidder finalize its bid in accordance to the minimum requirements of the Project;
A.4. A file that will be detected that has a cracked password shall invalidate the
tendered bid and shall not be considered, and may render the tendered bid
„ineligible’;
A.5. Bidder must take enough care and patience to fill-out data needed in order to come-
up with eligible / competitive bid;
A.6. Clarification/s, if any, must be emailed to [email protected];
A.7. Rule “ZERO”: When the bid is finally submitted, any “zero” appearing in the
bid-item will be taken to mean that the Bidder will provide for free the described
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bid-item. In case of award and actual implementation, the said described bid-item
shall be demanded from the Bidder even as the price for that particular was valued
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at zero. Thus, care must be taken during the bid-preparation.
While it is also acceptable that zero can be maintained, zero can be replaced
with a numeric value if the Bidder intends that a specific amount to be paid for that
particularly described item. There are five-variables per bid-item, as follows:
A.7.1. “UC_Matls” = 0.00 or to be replaced with Bidder‟s bid for every unit of
materials described;
A.7.2. “UC_Labor+Eqpt” = 0.00 or to be replaced with Bidder‟s bid for every unit of
labor and equipment described;
NOTE: “Direct Costs” for that particular bid-item is also automatically computed
each time that the inputs for UC_Matls and UC_Labor+Eqpt is adjusted/changed;
A.7.3. “%O” = 0% or to be replaced with Bidder‟s bid for every unit of Direct Costs
for each item described. Note that the “OCM” is automatically computed;
A.7.4. “%P” = 0% or to be replaced with Bidder‟s bid for every unit of Direct Costs
for each item described. Note that the “Profit” is automatically computed;
A.7.5. “%T” = 0% or to be replaced with Bidder‟s bid for every unit of Direct Costs +
the associated OCM+Profit (if any) for each bid-item described. Note that
the “VAT” is automatically computed based on computed values of
[(Materials) + (Labor & Eqpt) + (Overhead Contingency & Miscellaneous) +
(Profit)];
NOTE: The Total Price for described bid item is automatically computed each time
that the inputs for “UC_Matls”, “UC_Labor+Eqpt”, “%O”, “%P”, &/or “%T” are/is
adjusted/changed;
B. AMOUNTS OF BID:
B.1. For each bid item, the total “CALCULATED Total BID” will automatically computed
based on the encoded unit cost data for…
B.1.1. Direct Costs = “AMT_Matl’s + AMT_L&E”; and,
B.1.2. Indirect Costs = “OCM + Profit + VAT”; and,
NOTE: Ranges of the acceptable rates are defined/prescribed in DPWH’s Dept
Order #197 s.2016 dated 07Oct2016.
B.2. After all the data have been encoded, checks should be done such that the total bid
will not exceed the declared Approved Budget Ceiling (ABC) for the
transaction.
B.3. Be conscious of the “QTY” and “Unit”. These are not meant to be changed for
comparability of tendered bids. Bid with a changed QTY-value, and Unit of
measure nomenclature may render the bid ineligible;
B.4. OTHER BID ITEMS NOT IDENTIFIED IN THE BOQ: The excel
template contains three (3) additional rows per Work Cluster as provision for
possible additional item/s that the Bidder may want to add. As the Bidder feels
necessary, THESE ROWS SHOULD NOT BE LEFT UNFILLED-OUT. To
complete the calculations of the financial bid, the following must be done…
B.4.1. In column “E”, input ITEM DESCRIPTION. This is an alphabetic data that
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pertains to an additional item suggested by the Bidder. Further explanation

may be asked by the BAC/TWG as to the necessity of such item. Addition
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… p.121/126
of this item will not be construed as a basis to legitimize that the total bid can
be more than the ABC=P4M. Bid greater than ABC will be declared “NOT
ELIGIBLE”
B.4.2. In column “F”, input item QTY. This is a numeric data representing the
volume of the item that will be used for the project. The succeeding
estimation of cost will depend on this data;
B.4.3. In column “G”, input item Unit (of measure). This is an alphabetic info
indicating the description of the previously inputted QTY. This data should
be the commercially available measure of quantity, preferably in metric
system;
B.4.4. In column “H”, input Unit Cost of Materials [UC_Matls]. This a numeric data
representing the bid-price tendered by the Bidder for every unit of materials
that will be needed for implementation of the previously described item.
B.4.5. In column “J”, input Unit Cost of Labor [UC_L+E]. This a numeric data
representing the bid-price tendered by the Bidder for direct labor inclusive of
equipment-rental (if any) cost per unit item that will be needed for
implementation of the previously described item;
B.4.6. In column “M”, input percent Overhead, Contingencies & Miscellaneous

(OCM) expenses [%O]. This a numeric percentage data representing the bid-
price tendered by the Bidder as a function of the automatically computed
[(Direct Cost) = (Cost of Materials) + (Cost of Labor & Eqpt)] needed for
implementation of the previously described item;
B.4.7. In column “O”, input percent Profit [%P]. This a numeric percentage data
representing the bid-price tendered by the Bidder will the estimated profit for
the Bidder; and,
B.4.8. In column “Q”, input percent Tax [%T]. This a numeric percentage data
representing the tax that will be cost tendered by the Bidder as a payment of
tax for bid-item earlier described.
B.5. Once finalized, the Bidder has to print the file in size-A3 paper (11.7in x 16.5in), sign
every page of it, and submit the print copy together with the e-file contained in the
USB Thumb Drive as part of the Financial Proposal.
C. WHAT TO SUBMIT: “F02_XXX=EXCEL_Bill-of-Quantities=<BidderName>.xlsx” must be copied and

saved in the USB thumb drive to be submitted by the Bidder and explained during the
Pre-Bid Conference;
C.1. Softcopy of the filled-out “F02_XXX=EXCEL_Bill-of-Quantities=<BidderName>.xlsx” (should be

contained in the USB Thumb Drive to be submitted by the Bidder);
C.2. The print copy in size-A3 paper (11.7in x 16.5in) of the sheet named
“F02_XXX=EXCEL_Bill-of-Quantities=<BidderName>.xlsx” must be submitted as integral part of
121
the Financial Bid;

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C.3. Non-submission of the USB Thumb Drive containing the “F02_XXX=EXCEL_Bill-of-

Quantities=<BidderName>.xlsx” together with the signed print copy may render the
Financial Bid not eligible. The contents as to the prescribed filenames shall be
checked. Absence of any filename will render the submission non-compliant
and may render the entire submission/bid “not eligible”.
*** nothing follows ***
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Section XII. FILENAMES

Notes to the Bidders:
This Section of the OBD provides the information necessary for interested Bidders to
prepare responsive bids, in accordance with the requirements of DAP.
The tendered Bid shall be assessed on the basis of what is deemed advantageous to DAP,
in particular, and to the Government, in general before an award will be served.
This Section contains provisions that are to be used unchanged. For illustration purposes,
the USB should form part of the submitted bid as follows:
PACKAGING OF THE BID DOCUMENTS
BID BOX ELIGIBILITY

Envelope#1
Proposal
Folder1
LOA Eligibility Proposal Documents
BIG
Envelope#2 TECHNICAL
Technical Proposal Documents
Envelope1
*USB = 1 pc
“ORIGINAL”
Proposal
Folder2
Envelope#3 FINANCIAL
Financial Proposal Documents
*USB = 1 pc
Proposal
BIG
Folder1 May be used by BAC and TWG to
Envelope2
“DUPLICATE” Proposal serve as REFERENCE MATERIALS
Folder2
NOTE: The contents of the Big Envelope2 marked “DUPLICATE” contains the exact and faithful
copies of the all the documents as well as one piece of USB placed inside of the duplicate copy of
Technical Proposal and another piece inside duplicated copy of the Financial Proposal.
Below are information and step-by-step guide in preparing the FILENAMES acceptable
to DAP:
1. The submitted sealed bid should contain USB Thumb Drives as integral part of
Technical and Financial Documents. The said USB thumb drives must contain all of the
electronic files of the submitted documents. The e-files that can be found in the said
USB thumb drives must be certified by the Bidder as the faithful electronic copies of the
submitted requirements.
1.1. The submitted sealed bid contains four (4) pieces of USB Thumb Drives.
1.1.1. The two (2) pieces should be in the Big Envelope marked “ORIGINAL”:
One (1) thumb drive must be placed inside the Technical Proposal, which
contains e-files #01 up to #14; and, the 2nd piece of the thumb drive must be
123
placed inside of the Financial Proposal, which contains e-files #15 up to #19.
 The 1st USB thumb drive must have the exact and the same electronic
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copies of the signed printed documents of the required Eligibility and

Technical documents; and,
 The 2nd USB thumb drive must have the exact and the same electronic
copies of the signed printed documents of the required Financial
documents.
1.1.2. Other two (2) pieces should in the Big Envelope marked “DUPLICATE”:
The 3rd piece of thumb drive must be placed inside the duplicate copy of the
Technical Proposal; and, the 4th piece of the thumb drive must be placed
inside the duplicate of the Financial Proposal.
1.2. The Bidder certifies that all of the electronic files with suffix <BidderName> had
been diligently and carefully examined;
1.3. The Bidder must ensure that each thumb-drive is inspected, and the files enumerated
here below are saved in the said submitted USB Thumb Drives.
FILENAME
Saved
INSTRUCTIONS: * The structure of the “final-filename” followed the file structure below.
The first 3 characters of the filename refers to the document-tag; in USB
N Filetype Thumb
* The “_XXX” represents the page-number of the file (if in jpg-format), or the last page-number Drive
if the file is in pdf-format. In case there is only one page, “_XXX” will be “_000”; and, No.
* The suffix “<BidderName>” was replaced by the Company Name of the Bidder.
1 LOA_XXX=signed_Letter_of_Authorization=<BidderName> pdf, or 1&3

jpg, or
INSTRUCTIONS: The duly adjusted/filled-out, printed, and signed LOA
should be pasted on the face of the sealed Bid Box. The LOA can be read word
without opening any part of the submitted bid.
A: CLASS “A” ELIGIBILITY DOCUMENTS

2 E01_XXX=PhilGEPS_Registration=<BidderName> pdf or jpg 1&3
3 E02_XXX=EXCEL_All_Ongoing_Contracts=<BidderName> EXCEL 1&3
4 E02_XXX=IMAGE_All_Ongoing_Contracts=<BidderName> pdf or jpg 1&3
5 E03_XXX=Single_Largest_Completed_Contract= <BidderName> pdf or jpg 1&3
6 E04_XXX=NFCC_computation=<BidderName> pdf or jpg 1&3
7 E05_XXX=VALID_PCAB_License+Registration=<BidderName> pdf or jpg 1&3
B: CLASS “B” ELIGIBILITY DOCUMENTS

8 E06_XXX=VALID_Joint_Venture_Agreement=<BidderName> pdf or jpg 1&3
INSTRUCTIONS: If the Bidder will not have any joint venture agreement
(JVA) with any juridical entity/ies, the Bidder is still required to issue a
Statement, written in its letterhead, clearly indicating that the Bidder will
not enter into any JVA for this Project.
C: TECHNICAL REQUIREMENTS
9 T01_XXX=BID_SECURITY=<BidderName> pdf or jpg 1&3
10 T02_XXX=Cert_Site_Inspection=<BidderName> pdf or jpg 1&3
T03_XXX=Organizational Chart 4D Project=<BidderName> 1&3
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11 pdf or jpg
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12 T04_XXX= List_of_KEY_PERSONNEL=<BidderName> pdf or jpg 1&3

13 T05_XXX=List_of_Available_EQUIPMENT=<BidderName> pdf or jpg 1&3
14 T06_XXX=Notarized_Omnibus_Sworn_Statement=<BidderName> pdf or jpg 1&3
D: FINANCIAL BID REQUIREMENTS

15 F01_XXX=FINANCIAL_BID_FORM=<BidderName> pdf or jpg 2&4
16 F02_XXX=EXCEL_Bill-of-Quantities=<BidderName> EXCEL 2&4
17 F02_XXX=IMAGE_Bill-of-Quantities=<BidderName> pdf or jpg 2&4
18 F03_XXX=EXCEL_Payment_Schedule=<BidderName> EXCEL 2&4
19 F03_XXX=IMAGE_Payment_Schedule=<BidderName> pdf or jpg 2&4
2. The successful Bidder shall also submit the electronics files of all documents specified in
Section III, BDS Clause 31.4(f) after receipt of the Notice of Award (NOA). The e-
files must be saved in a USB thumb drive with filename structures as follows:
N FILENAME Filetype
OTHER CONTRACT DOCUMENTS

01 T07_XXX=Company_Profile=<BidderName> pdf or jpg
02 T08_XXX=IMAGE_Construction_Schedule+S-Curve=<BidderName> pdf or jpg
03 T09_XXX=IMAGE PERT-CPM_Network_Diagram=<BidderName> pdf or jpg
04 T10_XXX=IMAGE Proposed_Manpower_Schedule=<BidderName> pdf or jpg
05 T11_XXX=CV_Project_Manager=<BidderName> pdf or jpg
06 T12_XXX=CV_Project_Architect=<BidderName> pdf or jpg
07 T13_XXX=CV_Professional_Electrical_Engineer=<BidderName> pdf or jpg
08 T14_XXX=CV_Sanitary_Engineer_or_Master_Plumber=<BidderName> pdf or jpg
09 T15_XXX=CV_Safety_Officer=<BidderName> pdf or jpg
10 T16_XXX=CV_Professional_Electronics_Engr_or_ECE=<BidderName> pdf or jpg
11 T17_XXX=CV_Foreman=<BidderName> pdf or jpg
12 T18_XXX=Construction_Methodology=<BidderName> pdf or jpg
13 T19_XXX=Equipment_Utilization_Schedule=<BidderName> pdf or jpg
14 T20_XXX=Construction_Safety+Health_Program=<BidderName> pdf or jpg
15 T21_XXX=Performance_Security=<BidderName> pdf or jpg
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BIDS & AWARDS COMMITTEE per SO#2018-119 dated October 24, 2018
NOTHING
FOLLOWS
DAP Bldg., San Miguel Avenue, Pasig City 1600

P.O. Box 12788, Ortigas Center, Pasig City 1600
Telephone:
(632) 631 0921 loc. 133
website:
email address of BAC Secretariat:
[email protected]
126
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development academy of the philippines

Official Bidding Documents

DAP Bldg., San Miguel Avenue, Pasig City 1600

C:\Users\BAC-USERS\Documents\COTTAGES (NEGO)\FINAL_OBD_COTTAGES (Nego).docx

The forms to be used are provided in Section IX. BIDDING FORMS.

C:\Users\BAC-USERS\Documents\COTTAGES (NEGO)\FINAL_OBD_COTTAGES (Nego).docx

C:\Users\BAC-USERS\Documents\COTTAGES (NEGO)\FINAL_OBD_COTTAGES (Nego).docx

Official Bidding Documents

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Section I. INVITATION FOR NEGOTIATION

INVITATION FOR NEGOTIATED

Class “A” – Eligibility Documents

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Class “A” – Eligibility Documents

Financial Bid Requirements

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6. Bidding is restricted to Filipino citizens/sole proprietorship, partnerships, or organizations

12. For further information, please contact:

ATTY. REMUS ROMANO A. REYES

-original signed- -original signed-

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Section II. INSTRUCTIONS TO BIDDERS

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26. Clarification of Bids ................................................................................................28

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

Procuring Entity of the benefits of free and open

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(c) or (d) of this Clause shall correspondingly apply to each of the

Allowable Range of Contract Cost (ARCC) of their registration based on

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the guidelines as prescribed by the PCAB.

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

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verify all the documents submitted;

forms, terms, and project requirements in the Bidding Documents.

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6.4. It shall be the sole responsibility of the prospective bidder to determine

7. Origin of Goods and Services

implementation. If the Bidder opts to disclose the name of the

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B. CONTENTS OF BIDDING DOCUMENTS

10. Clarification and Amendment of Bidding Documents

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12. Documents Comprising the Bid: Eligibility and Technical

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The two statements required shall indicate for each contract

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(ii) Project Requirements, which shall include the following:

13. Documents Comprising the Bid: Financial Component

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

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prices and analyzing bid variances. In the case of

14. Alternative Bids

15. Bid Prices