Construction of Drainage System With Sidewalk at Thomas Hembrador St

8/12/2019 Construction of Drainage System With Sidewalk at Thomas Hembrador St

1/104

CITYGOVERNMENTOFDASMARIAS

Procurement ofINFRASTRUCTURE

PROJECTS

Government of the Republic of thePhilippines


2/104

2

PrefaceThese 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, orinstrumentalities of the Government, including government-owned and/or -controlledcorporations (GOCCs), government financial institutions (GFIs), state universitiesand colleges (SUCs), and local government units (LGUs). The procedures andpractices presented in this document have been developed through broad

experience, and are for mandatory1use in projects that are financed in whole or inpart by the GOP or any foreign government/foreign or international financinginstitution in accordance with the provisions of the Implementing Rules andRegulations (IRR) of Republic Act 9184 (R.A. 9184).

The Bidding Documents shall clearly and adequately define, among others:(a) the objectives, scope, and expected outputs and/or results of the proposedcontract; (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 eachprocurement, the PBDs groups the provisions that are intended to be usedunchanged in Section II. Instructions to Bidders (ITB) and in Section IV. GeneralConditions of Contract (GCC). Data and provisions specific to each procurementand contract should be included in Section III. Bid Data Sheet (BDS); Section V.Special Conditions of Contract (SCC); Section VI. Specifications; Section VII.

Drawings;andSection VIII. Bill of Quantities. The forms to be used are provided inSection IX. Bidding Forms.

Care should be taken to check the relevance of the provisions of the BiddingDocuments against the requirements of the specific Works to be procured. Inaddition, each section is prepared with notes intended only as information for theProcuring Entity or the person drafting the Bidding Documents. They shall not beincluded in the final documents, except for the notes introducingSection IX. BiddingForms, where the information is useful for the Bidder. The following generaldirections should be observed when using the documents:

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

(b) Specific details, such as the name of the Procuring Entity andaddress for proposal submission, should be furnished in the BDS andSCC. The final documents should contain neither blank spaces noroptions.


3/104

3

(c) This Preface and the footnotes or notes in italics included in theInvitation to Bid, BDS, SCC, Specifications, Drawings, and Bill ofQuantities are not part of the text of the final document, although theycontain instructions that the Procuring Entity should strictly follow. TheBidding 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 BiddingDocuments as to the names of the Project, Contract, and ProcuringEntity, in addition to date of issue.

(e) If modifications must be made to bidding procedures, they can bepresented in the BDS. Modifications for specific Project or Contractdetails should be provided in the SCC as amendments to theConditions of Contract. For easy completion, whenever reference hasto 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, andSection IV. General Conditions of Contract,respectively.


4/104

4

TABLE OF CONTENTS

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

SECTION II.INSTRUCTIONS TO BIDDERS ................................................... 11

SECTION III.BID DATA SHEET ................................................................ 39

SECTION IV.GENERAL CONDITIONS OF CONTRACT .................................. 49

SECTION V.SPECIAL CONDITIONS OF CONTRACT ..................................... 83

SECTION VI.SPECIFICATIONS ................................................................. 91

SECTION VII.DRAWINGS ........................................................................ 93

SECTION VIII.BILL OF QUANTITIES ......................................................... 95SECTION IX.BIDDING FORMS ................................................................. 97


5/104

5

Sect ion I. Inv i tat ion to B id

Notes on the Invitation to Bid

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

(a) Advertised at least once in a newspaper of general nationwide circulationwhich has been regularly published for at least two (2) years before the dateof issue of the advertisement, subject to Sections 21.2.2 of the IRR of R.A.9184;

(b) Posted continuously in the Philippine Government Electronic ProcurementSystem (PhilGEPS) website, the website of the Procuring Entity concerned,if available, and the website prescribed by the foreign government/foreignor international financing institution, if applicable, for a minimum period of

seven (7) calendar days starting on the date of advertisement; and

(c) Posted at any conspicuous place reserved for this purpose in the premises ofthe Procuring Entity concerned for a minimum period of seven (7) calendardays, as certified by the head of the Bids and Awards Committee (BAC)Secretariat of the Procuring Entity concerned.

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

(a) The date of availability of the Bidding Documents, which shall be from thetime the Invitation to Bid is first advertised/posted until the deadline for the

submission and receipt of bids.(b) The place where the Bidding Documents may be purchased or the website

where it may be downloaded.

(c) The deadline for the submission and receipt of bids from the last day ofposting of the Invitation to Bid; and

(d) Any important bid evaluation criteria.

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


6/104

6

Republic of the Philippines

Province of Cavite

City of Dasmarias

BIDS AND AWARDS COMMITTEE

INVITATION TO BID FOR CONSTRUCTION OF DRAINAGESYSTEMWITH SIDEWALK AT THOMAS HEMBRADOR ST.,

CITY OF DASMARIAS,CAVITE.

1. Select one of the two fol lowing paragraphs, and delete the other dependingon the Funding Source:

a) If the Fund ing Sourc e is GOP:

The City of Dasmarias, through the General Fund Budget 20142 intends toapply the sum of Php10,956,169.34 being the Approved Budget for theContract (ABC) to payments under the contract for Construction of Drainagewith Sidewalk at Thomas Hembrador St., City of Dasmarias,Cavite. Bidsreceived in excess of the ABC shall be automatically rejected at bid opening.

b) If the Fundin g Source is a foreign government/fore ign or internat ional

f inancing inst i tut ion:

The Government of the Philippines (GOP) [has received/has applied for/intendsto apply for] a [Loan/Credit/Grant] from the [state the foreigngovernment/foreign or international financing institution (e.g., AsianDevelopment Bank, Japan International Cooperation Agency, or World Bank)]toward the cost of [insert name of project], and it intends to apply part of theproceeds of this [loan/credit/grant] to payments under the contract for [insert

name/no. of contract].

2. The City of Dasmariasnow invites bids for Construction of Drainage System withSidewalk at Thomas Hembrador St., City of Dasmarias,Cavite..

3 Completion of

the Works is required [insert the required completion date or expected contractduration]. Bidders should have completed, within ten (10) years from the date ofsubmission and receipt of bids, a contract similar to the Project. The description of


7/104

7

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

3. Select one of the two fol lowing paragraphs, and delete the other depending

on the Funding Source:

a) If the Fund ing Sourc e is GOP:

Bidding will be conducted through open competitive bidding procedures usingnon-discretionary pass/fail criterion as specified in the Implementing Rules andRegulations (IRR) of Republic Act 9184 (RA 9184), otherwise known as theGovernment Procurement Reform Act.

In addit ion , select one of the two fo llow ing paragraph s and delete the

other depend ing o n the existence of the con dit ion u nder Section 23.5.2.2

of the IRR of RA 9184:

(i) Select this paragraph if no Treaty o r International or Executive

Agreement al lows foreign bidders to part ic ipate:Bidding is restricted toFilipino citizens/sole proprietorships, partnerships, or organizations with atleast seventy five percent (75%) interest or outstanding capital stockbelonging to citizens of the Philippines.

(ii) Select this paragraph if a Treaty or International or ExecutiveAgreement al lows foreign bidders to part ic ipate:Bidding is open to allinterested bidders, whether local or foreign, subject to the conditions foreligibility provided in the Implementing Rules and Regulations (IRR) of

Republic Act (RA) 9184, otherwise known as the Government ProcurementReform Act.

b) If the Fundin g Source is a foreign government/fore ign or internat ional


Bidding will be conducted in accordance with relevant procedures for opencompetitive bidding as specified in the IRR of RA 9184 (R.A. 9184), with someamendments, as stated in these bidding documents and is open to all biddersfrom eligible source countries as defined in the applicable guidelines of the[state the foreign government/foreign international financing institutionconcerned ( e.g. Asian Development Bank, Japan International CooperationAgency, or World Bank)].

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

5. Select one of the fol lowing two paragraphs, and d elete the other dependingon the Funding Source:

a) If the fund ing sou rce is GOP:


8/104

8

A complete set of Bidding Documents may be purchased by interested Biddersfrom the address below and upon payment of a nonrefundable fee for theBidding Documents in the amount of Php2,000.00.

It may also be downloaded free of charge from the website of the PhilippineGovernment Electronic Procurement System (PhilGEPS) and the website of theProcuring Entity, provided that bidders shall pay the fee for the BiddingDocuments not later that the submission of their bids.

b) If the fun ding source is a foreign go vernment/fore ign internat ional


A complete set of Bidding Documents may be purchased by the interestedbidders on [insert date of availability of Bidding Documents] from the addressbelow and upon payment of a nonrefundable fee for the bidding documents inthe amount [ insert amount in pesos].

It may also be downloaded free of charge from the website of the PhilippineGovernment Electronic Procurement System (PhilGEPS), the website of theProcuring Entity, and [insert the website as required by the foreigngovernment/foreign or international financing institution], provided that biddersshall pay the nonrefundable fee for the Bidding Documents not later than thesubmission of their bids.

6. Select one of the follow ing tw o paragraph s, and delete the other:4

a) If the Procu ring En tity intends to o pen the Pre-Bid Con ference to all

interested Bidd ers:

The [insert name of the Procuring Entity] will hold a Pre-Bid Conference on[insert time and date]at [insert address for Pre-Bid Conference, if applicable],which shall beopen to all interested parties.

b) If the Procurin g Entity intends to limit the Pre-Bid Conference to Bidders

who h ave purchased the Bidding Documents:

The [insert name of the Procuring Entity] will hold a Pre-Bid Conference on[insert time and date]at [insert address for Pre-Bid Conference, if applicable],which shall be open only to all interested parties who have purchased theBidding Documents.

7. Bids must be delivered to the address below on or before [insert date and time] at[insert address for submission and receipt of bids]. All bids must be accompaniedby a bid security in any of the acceptable forms and in the amount stated in ITBClause18.

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


9/104

9

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

9. The City Government of Dasmarias reserves the right to accept or reject any bid,

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

10. For further information, please refer to:

MS. JOVELYN A. GATCHALIAN

Secretary, Bids and Awards Committee

Office of the Administrator 2F

City Hall of Dasmarias

(046-432-1810}

MS. AISA D. SANGO

Chairman, Bids and Awards Committee


10/104


11/104

11

Sect ion II. Ins truc t ions to B idders

Notes on the Instructions to Bidders

This Section of the Bidding Documents provides the information necessary forbidders to prepare responsive Bids, in accordance with the requirements of theProcuring Entity. It also provides information on the eligibility check, Bidsubmission, opening, and evaluation, and on the award of contract.

This Section contains provisions that are to be used unchanged. Section III. BidData Sheet consists of provisions that supplement, amend, or specify in detailinformation or requirements included in this Section and which are specific to eachprocurement.

Matters governing the performance of the Contractor, payments under the

contract, or matters affecting the risks, rights, and obligations of the parties underthe contract are not normally included in this section, but rather under Section IV.General Conditions of Contract (GCC), and/or Section V. Special Conditions ofContract (SCC). If duplication of a subject is inevitable in the other sections of thedocument prepared by the Procuring Entity, care must be exercised to avoidcontradictions between clauses dealing with the same matter.


12/104

12

TABLE OF CONTENTS

A. GENERAL......................................................................................... 14

1. Scope of Bid .............................................................................................. 14

2. Source of Funds ........................................................................................ 14

3. Corrupt, Fraudulent, Collusive, and Coercive Practices ............................ 14

4. Conflict of Interest ..................................................................................... 15

5. Eligible Bidders ......................................................................................... 16

6. Bidders Responsibilities ........................................................................... 18

7. Origin of GOODS and Services ................................................................. 20

8. Subcontracts ............................................................................................. 20

B. CONTENTS OF BIDDING DOCUMENTS.................................................. 209. Pre-Bid Conference ................................................................................... 20

10. Clarification and Amendment of Bidding Documents ................................ 21

C. PREPARATION OF BIDS...................................................................... 21

11. Language of Bids ...................................................................................... 21

12. Documents Comprising the Bid: Eligibility and TechnicalComponents .............................................................................................. 21

13. Documents Comprising the Bid: Financial Component ............................. 24

14. Alternative Bids ......................................................................................... 24

15. Bid Prices .................................................................................................. 24

16. Bid Currencies ........................................................................................... 25

17. Bid Validity ................................................................................................ 25

18. Bid Security ............................................................................................... 26

19. Format and Signing of Bids ....................................................................... 27

20. Sealing and Marking of Bids ...................................................................... 28

D. SUBMISSION AND OPENING OF BIDS................................................... 28

21. Deadline for Submission of Bids ............................................................... 28

22. Late Bids ................................................................................................... 29

23. Modification and Withdrawal of Bids ......................................................... 29

24. Opening and Preliminary Examination of Bids .......................................... 29

E. EVALUATION AND COMPARISON OF BIDS............................................ 31

25. Process to be Confidential ........................................................................ 31

26. Clarification of Bids.................................................................................... 31

27. Detailed Evaluation and Comparison of Bids ............................................ 31


13/104

13

28. Post Qualification ...................................................................................... 32

29. Reservation Clause ................................................................................... 33

F. AWARD OF CONTRACT...................................................................... 34

30. Contract Award ......................................................................................... 34

31. Signing of the Contract .............................................................................. 35

32. Performance Security ................................................................................ 36

33. Notice to Proceed ...................................................................................... 37


14/104

14

A. General

1. Scope of Bid

1.1. The Procuring Entity as defined in the BDS, invites bids for the

construction of Works, as described inSection VI. Specifications. Thename and identification number of the Contract is provided in theBDS.

1.2. The successful bidder will be expected to complete the Works by theintended completion date specified in SCCClause1.16.

2. Source of Funds

The Procuring Entity has a budget or has applied for or received funds fromthe Funding Source named in the BDS, and in the amount indicated in theBDS. It intends to apply part of the funds received for the Project, as defined

in theBDS,to cover eligible payments under the Contract for the Works.

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

3.1. The Procuring Entity, as well as bidders and contractors, shall observethe highest standard of ethics during the procurement and execution ofthe contract. In pursuance of this policy, the Funding Source:

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

(i) "corrupt practice" means behavior on the part of officialsin the public or private sectors by which they improperlyand unlawfully enrich themselves, others, or induceothers to do so, by misusing the position in which theyare placed, and includes the offering, giving, receiving, orsoliciting of anything of value to influence the action ofany such official in the procurement process or in contractexecution; entering, on behalf of the Procuring Entity, intoany contract or transaction manifestly and grosslydisadvantageous to the same, whether or not the publicofficer profited or will profit thereby, and similar acts as

provided in Republic Act 3019;

(ii) "fraudulent practice" means a misrepresentation of factsin order to influence a procurement process or theexecution of a contract to the detriment of the ProcuringEntity, and includes collusive practices among Bidders(prior to or after Bid submission) designed to establish bidprices at artificial, non-competitive levels and to deprivethe Procuring Entity of the benefits of free and opencompetition;

(iii) collusive practices means a scheme or arrangementbetween two or more bidders, with or without the


15/104

15

knowledge of the Procuring Entity, designed to establishbid prices at artificial, non-competitive levels; and

(iv) coercive practices means harming or threatening toharm, directly or indirectly, persons, or their property to

influence their participation in a procurement process, oraffect the execution of a contract;

(b) will reject a proposal for award if it determines that the bidderrecommended for award has engaged in corrupt or fraudulentpractices in competing for the Contract; and

(c) will declare a firm ineligible, either indefinitely or for a statedperiod of time, to be awarded Contract funded by the FundingSource if it at any time determines that the firm has engaged incorrupt 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 applicablelaws on individuals and organizations deemed to be involved in any ofthe practices mentioned in ITBClause 3.1(a).

3.3. Furthermore, the Funding Source and the Procuring Entity reserve theright to inspect and audit records and accounts of a contractor in thebidding for and performance of a contract themselves or throughindependent auditors as reflected in the GCCClause34.

4. Conflict of Interest

4.1. All bidders found to have conflicting interests shall be disqualified toparticipate in the procurement at hand, without prejudice to theimposition of appropriate administrative, civil, and criminal sanctions. ABidder may be considered to have conflicting interests with anotherBidder in any of the events described in paragraphs (a) through (c) anda general conflict of interest in any of the circumstances set out inparagraphs (d) through (g) below:

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

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

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

(d) A Bidder has a relationship, directly or through third parties, thatputs them in a position to have access to information about or

influence on the bid of another Bidder or influence the decisionsof the Procuring Entity regarding this bidding process. This will


16/104

16

include a firm or an organization who lends, or temporarilyseconds, its personnel to firms or organizations which areengaged in consulting services for the preparation related toprocurement for or implementation of the project if the personnelwould be involved in any capacity on the same project;

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

(f) A Bidder who participated as a consultant in the preparation ofthe design or technical specifications of the goods and relatedservices that are the subject of the bid; or

(g) A Bidder who lends, or temporary seconds, its personnel tofirms or organizations which are engaged in consulting services

for the preparation related to procurement for or implementationof the project, if the personnel would be involved in any capacityon the same project.

4.2. In accordance with Section 47 of the IRR of RA 9184, all BiddingDocuments shall be accompanied by a sworn affidavit of the Bidderthat it is not related to the Head of the Procuring Entity, members of theBids and Awards Committee (BAC), members of the TechnicalWorking Group (TWG), members of the BAC Secretariat, the head ofthe Project Management Office (PMO) or the end-user unit, and theproject consultants, by consanguinity or affinity up to the third civil

degree. On the part of the bidder, this Clause shall apply to thefollowing persons:

(a) If the Bidder is an individual or a sole proprietorship, to theBidder 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, andcontrolling stockholders; and

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

Relationship of the nature described above or failure to comply withthis 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 beeligible to participate in this Bidding:

(a) Duly licensed Filipino citizens/sole proprietorships;


17/104

17

(b) Partnerships duly organized under the laws of the Philippinesand of which at least seventy five percent (75%) of the interestbelongs 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 theoutstanding capital stock belongs to citizens of the Philippines;

(d) Cooperatives duly organized under the laws of the Philippines,and of which at least seventy five percent (75%) of the interestbelongs to citizens of the Philippines; and

(e) Persons/entities forming themselves into a JV, i.e., a group oftwo (2) or more persons/entities that intend to be jointly andseverally 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 shallbe at least seventy five percent (75%): Provided, further, thatjoint ventures in which Filipino ownership or interest is less thanseventy five percent (75%) may be eligible where the structuresto be built require the application of techniques and/ortechnologies which are not adequately possessed by aperson/entity meeting the seventy five percent (75%) Filipinoownership requirement: Provided, finally, that in the latter case,Filipino ownership or interest shall not be less than twenty fivepercent (25%). For this purpose Filipino ownership or interestshall 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 forunder any Treaty or International or Executive Agreement as specifiedin theBDS.

5.3. Government Corporate Entities may be eligible to participate only ifthey can establish that they (a) are legally and financially autonomous,(b) operate under commercial law, and (c) are not dependent agenciesof the GOP or the Procuring Entity.

5.4. Unless otherwise provided in the BDS, the Bidder must havecompleted at least one contract similar to the Project the value ofwhich, adjusted to current prices using the National Statistics Officeconsumer price index, must be at least equivalent to a percentage ofthe ABC stated in theBDS.

For this purpose, contracts similar to the Project shall be thosedescribed in the BDS, and completed within the period stated in theInvitation to Bid and ITBClause12.1(a)(iii).

5.5. Unless otherwise provided in the BDS, the Bidder must submit a

computation of its Net Financial Contracting Capacity (NFCC) or a


18/104

18

Commitment from a Universal or Commercial bank to extend a creditline in its favor if awarded the contract for this project (CLC).

The NFCC, computed using the following formula, must be at leastequal to the ABC to be bid:

NFCC = [(Current assets minus current liabilities) (K)] minus thevalue of all outstanding or uncompleted portions of the projectsunder ongoing contracts, including awarded contracts yet to bestarted coinciding with the contract for this Project.

Where:

K = 10 for a contract duration of one year or less, 15 for a contractduration of more than one year up to two years, and 20 for acontract duration of more than two years.

The CLC must be at least equal to ten percent (10%) of the ABC forthis Project. If issued by a foreign bank, it shall be confirmed orauthenticated by a Universal or Commercial Bank. In the case of localgovernment units (LGUs), the Bidder may also submit CLC from otherbanks certified by the Bangko Sentral ng Pilipinas(BSP) as authorizedto issue such financial instrument.

6. Bidders Responsibilities

6.1. The Bidder or its duly authorized representative shall submit a sworn

statement in the form prescribed in Section IX. Bidding Forms asrequired in ITBClause12.1(b)(iii).

6.2. The Bidder is responsible for the following:

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

(b) Having acknowledged all conditions, local or otherwise, affectingthe implementation of the contract;

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

(d) Having complied with its responsibility to inquire or secureSupplemental/Bid Bulletin/s as provided under ITBClause10.3.

(e) Ensuring that it is not blacklisted or barred from bidding by theGOP or any of its agencies, offices, corporations, or LGUs,including foreign government/foreign or international financinginstitution whose blacklisting rules have been recognized by theGPPB;

(f) Ensuring that each of the documents submitted in satisfaction ofthe bidding requirements is an authentic copy of the original,


19/104

19

complete, and all statements and information providedtherein are true and correct;

(g) Authorizing the Head of the Procuring Entity or its dulyauthorized representative/s to verify all the documents

submitted;

(h) Ensuring that the signatory is the duly authorized representativeof the Bidder, and granted full power and authority to do,execute and perform any and all acts necessary and/or torepresent the Bidder in the bidding, with the duly notarizedSecretarys Certificate attesting to such fact, if the Bidder is acorporation, partnership, cooperative, or joint venture;

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

(j) Complying with existing labor laws and standards, if applicable.

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

6.3. The Bidder, by the act of submitting its bid, shall be deemed to haveinspected the site and determined the general characteristics of thecontract works and the conditions for this Project. Unless otherwiseindicated in theBDS,failure to furnish all information or documentationrequired in this Bidding Documents shall result in the rejection of the

bid and the disqualification of the Bidder.

6.4. It shall be the sole responsibility of the prospective bidder to determineand to satisfy itself by such means as it considers necessary ordesirable as to all matters pertaining to this Project, including: (a) thelocation and the nature of the contract, project, or work; (b) climaticconditions; (c) transportation facilities; (c) nature and condition of theterrain, geological conditions at the site communication facilities,requirements, location and availability of construction aggregates andother 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 regardingerroneous interpretations or conclusions by the prospective or eligiblebidder out of the data furnished by the procuring entity.

6.6. Before submitting their bids, the Bidders are deemed to have becomefamiliar with all existing laws, decrees, ordinances, acts and regulationsof 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


20/104

20

responsible or liable for those costs, regardless of the conduct oroutcome of the bidding process.

6.8. Bidders should note that the Procuring Entity will only accept bids onlyfrom those that have paid the nonrefundable fee for the Bidding

Documents at the office indicated in the Invitation to Bid.

7. Origin of GOODS and Services

Unless otherwise indicated in theBDS,there is no restriction on the origin ofGoods, or Contracting of Works or Services other than those prohibited by adecision of the United Nations Security Council taken under Chapter VII of theCharter of the United Nations.

8. Subcontracts

8.1. Unless otherwise specified in the BDS, the Bidder may subcontractportions of the Works to an extent as may be approved by theProcuring Entity and stated in the BDS. However, subcontracting ofany portion shall not relieve the Bidder from any liability or obligationthat may arise from the contract for this Project.

8.2. Subcontractors must submit the documentary requirements under ITBClause12 and comply with the eligibility criteria specified in the BDS.In the event that any subcontractor is found by the Procuring Entity tobe ineligible, the subcontracting of such portion of the Works shall bedisallowed.

8.3. The Bidder may identify the subcontractor to whom a portion of theWorks will be subcontracted at any stage of the bidding process orduring contract implementation. If the Bidder opts to disclose thename of the subcontractor during bid submission, the Bidder shallinclude the required documents as part of the technical component ofits bid.

B. Contents of Bidding Documents

9. Pre-Bid Conference

9.1. If so specified in the BDS, a pre-bid conference shall be held at thevenue and on the date indicated therein, to clarify and address theBidders questions on the technical and financial components of thisProject.

9.2. Bidders are encouraged to attend the pre-bid conference to ensurethat they fully understand the Procuring Entitys requirements. Non-attendance of the Bidder will in no way prejudice its bid; however, theBidder is expected to know the changes and/or amendments to theBidding Documents discussed during the pre-bid conference.


21/104

21

9.3. Any statement made at the pre-bid conference shall not modify theterms of the bidding documents unless such statement is specificallyidentified in writing as an amendment thereto and issued as aSupplemental/Bid Bulletin.

10. Clarification and Amendment of Bidding Documents10.1. Bidders who have purchased the Bidding Documents may request for

clarification(s) on any part of the Bidding Documents or for aninterpretation. Such a request must be in writing and submitted to theProcuring Entity at the address indicated in theBDSat least ten (10)calendar days before the deadline set for the submission and receipt ofBids.

10.2. Supplemental/Bid Bulletins may be issued upon the Procuring Entitysinitiative for purposes of clarifying or modifying any provision of the

Bidding Documents not later than seven (7) calendar days before thedeadline for the submission and receipt of Bids. Any modification tothe Bidding Documents shall be identified as an amendment.

10.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be postedon the Philippine Government Electronic Procurement System(PhilGEPS) and the website of the Procuring Entity concerned, ifavailable. It shall be the responsibility of all Bidders who secure theBidding Documents to inquire and secure Supplemental/Bid Bulletinsthat may be issued by the BAC. However, bidders who have submittedbids before the issuance of the Supplemental/Bid Bulletin must be

informed and allowed to modify or withdraw their bids in accordancewith ITBClause23.

C. Preparation of Bids

11. Language of Bids

The Bid, as well as all correspondence and documents relating to the Bidexchanged by the Bidder and the Procuring Entity, shall be written in English.Supporting documents and printed literature furnished by the Bidder may bein another language provided they are accompanied by an accurate

translation in English certified by the appropriate embassy or consulate in thePhilippines, in which case the English translation shall govern, for purposes ofinterpretation of the Bid.

12. Documents Comprising the Bid: Eligibility and TechnicalComponents

12.1. Unless otherwise indicated in the BDS,the first envelope shall containthe following eligibility and technical documents:

(a) Eligibility Documents

Class "A" Documents:


22/104

22

(i) Registration certificate from the Securities and ExchangeCommission (SEC), Department of Trade and Industry(DTI) for sole proprietorship, or Cooperative DevelopmentAuthority (CDA) for cooperatives, or any proof of suchregistration as stated in theBDS;

(ii) Mayors permit issued by the city or municipality wherethe principal place of business of the prospective bidderis located;

(iii) Statement of all its ongoing and completed governmentand private contracts within ten (10) years from thesubmission of bids, unless otherwise stated in the BDS,including contracts awarded but not yet started, if any.The statement shall include, for each contract, thefollowing:

(iii.1) name of the contract;

(iii.2) date of the contract;

(iii.3) contract duration;

(iii.4) owners name and address;

(iii.5) nature of work;

(iii.6) contractors role (whether sole contractor,subcontractor, or partner in a JV) and percentageof participation;

(iii.7) total contract value at award;

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

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

(iii.10) percentages of planned and actualaccomplishments, if applicable;

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

(iii.12) the statement shall be supported by the notices ofaward and/or notices to proceed issued by theowners; and

(iii.13) the statement shall be supported by theConstructors Performance Evaluation System(CPES) rating sheets, and/or certificates ofcompletion and owners acceptance, if applicable;


23/104

23

(iv) Unless otherwise provided in the BDS, valid PhilippineContractors Accreditation Board (PCAB) license andregistration for the type and cost of the contract for thisProject;

(v) Audited financial statements, showing, among others, theprospective total and current assets and liabilities,stamped received by the BIR or its duly accredited andauthorized institutions, for the preceding calendar yearwhich should not be earlier than two (2) years from thedate of bid submission;

(vi) NFCC computation or CLC in accordance with ITBClause5.5;and

Class "B" Document:

(vii) If applicable, valid Joint Venture Agreement (JVA) or, inlieu thereof, duly notarized statements from all thepotential joint venture partners stating that they will enterinto and abide by the provisions of the JVA in theinstance that the bid is successful shall be included in thebid.

(b) Technical Documents

(i) Bid security as prescribed in ITBClause18.If the Bidder

opts to submit the bid security in the form of:

(i.1) a bank draft/guarantee or an irrevocable letter ofcredit issued by a foreign bank, it shall beaccompanied by a confirmation from a Universal orCommercial Bank; or

(i.2) a surety bond accompanied by a certificationcoming from an authorized Insurance Commissionthat a surety or insurance company is authorizedto issue such instrument;

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

(ii.1) Organizational chart for the contract to be bid;

(ii.2) List of contractors personnel (viz, projectManager, Project Engineers, Materials Engineers,and Foremen), to be assigned to the contract to bebid, with their complete qualification andexperience data; and

(ii.3) List of contractors equipment units, which are

owned, leased, and/or under purchaseagreements, supported by certification of


24/104

24

availability of equipment from the equipmentlessor/vendor for the duration of the project; and

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

Section IX. Bidding Forms.

13. Documents Comprising the Bid: Financial Component

13.1. Unless otherwise stated in theBDS,the financial component of the bidshall contain the following:

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

(b) Any other document required in theBDS.

13.2. Unless indicated in theBDS,all Bids that exceed the ABC shall not beaccepted.

14. Alternative Bids

14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is anoffer made by a Bidder in addition or as a substitute to its original bidwhich may be included as part of its original bid or submittedseparately therewith for purposes of bidding. A bid with options isconsidered an alternative bid regardless of whether said bid proposal is

contained in a single envelope or submitted in two (2) or more separatebid envelopes.

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

14.3. Each Bidder shall submit only one Bid, either individually or as apartner in a JV. A Bidder who submits or participates in more than onebid (other than as a subcontractor if a subcontractor is permitted to

participate in more than one bid) will cause all the proposals with theBidders participation to be disqualified. This shall be without prejudiceto any applicable criminal, civil and administrative penalties that maybe imposed upon the persons and entities concerned.

15. Bid Prices

15.1. The contract shall be for the whole Works, as described in ITBClause1.1,based on the priced Bill of Quantities submitted by the Bidder.

15.2. The Bidder shall fill in rates and prices for all items of the Works

described in the Bill of Quantities. Bids not addressing or providing allof the required items in the Bidding Documents including, where


25/104

25

applicable, bill of quantities, shall be considered non-responsive and,thus, automatically disqualified. In this regard, where a required item isprovided, but no price is indicated, the same shall be considered asnon-responsive, but specifying a "0" (zero) for the said item wouldmean that it is being offered for free to the Government.

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

15.4. Unless otherwise provided in the BDS, all bid prices for the givenscope of work in the contract as awarded shall be considered as fixedprices, and therefore not subject to price escalation during contractimplementation, except under extraordinary circumstances as indicatedin theBDSand specified in GCCClause48 and its corresponding SCC

provision.

16. Bid Currencies

16.1. All bid prices shall be quoted in Philippine Pesos unless otherwiseprovided in the BDS. However, for purposes of bid evaluation, bidsdenominated in foreign currencies shall be converted to Philippinecurrency based on the exchange rate prevailing on the day of the Bidopening.

16.2. If so allowed in accordance with ITBClause16.1,the Procuring Entity

for purposes of bid evaluation and comparing the bid prices will convertthe amounts in various currencies in which the bid price is expressed toPhilippine Pesos at the exchange rate as published in the BSPreference rate bulletin on the day of the bid opening.

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

17. Bid Validity

17.1. Bids shall remain valid for the period specified in theBDS which shall

not exceed one hundred twenty (120) calendar days from the date ofthe opening of bids.

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

permitted to modify its bid.


26/104

26

18. Bid Security

18.1. The bid security, issued in favor of the Procuring Entity, in the amountstated in the BDS shall be equal to the percentage of the ABC inaccordance with the following schedule:

Form of Bid SecurityAmount of Bid Security

(Equal to Percentage of theABC)

(a) Cash or cashiers/managerscheck issued by a Universalor Commercial Bank.

Two percent (2%)

(b) Bank draft/guarantee orirrevocable letter of creditissued by a Universal orCommercial Bank: Provided,

however, that it shall beconfirmed or authenticated bya Universal or CommercialBank, if issued by a foreignbank.

(c) Surety bond callable upondemand issued by a surety orinsurance company dulycertified by the InsuranceCommission as authorized toissue such security; and/or

Five percent (5%)

(d) Any combination of theforegoing.

Proportionate to share of formwith respect to total amount of

security

For biddings conducted by local government units, the Bidder may alsosubmit bid securities in the form of cashiers/managers check, bankdraft/guarantee, or irrevocable letter of credit from other banks certifiedby the BSP as authorized to issue such financial statement.

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 berejected by the Procuring Entity as non-responsive.

18.3. No bid securities shall be returned to bidders after the opening of bidsand before contract signing, except to those that failed or declared aspost-disqualified, upon submission of a written waiver of their right tofile a motion for reconsideration and/or protest. Without prejudice onits forfeiture, Bid Securities shall be returned only after the bidder withthe Lowest Calculated Responsive Bid has signed the contract andfurnished the Performance Security, but in no case later than theexpiration of the Bid Security validity period indicated in ITB Clause

18.2.


27/104

27

18.4. Upon signing and execution of the contract, pursuant to ITBClause31,and the posting of the performance security, pursuant to ITBClause32, the successful Bidders Bid security will be discharged, but in nocase later than the Bid security validity period as indicated in ITBClause18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specifiedin ITBClause 17;

(ii) does not accept the correction of errors pursuant to ITBClause27.3(b);

(iii) fails to submit the requirements within the prescribedperiod, or a finding against their veracity, as stated in ITBClause28.2;or

(iv) any other reason stated in theBDS.

(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITBClause31;

(ii) fails to furnish performance security in accordance with

ITBClause32;or

(iii) any other reason stated in theBDS.

19. Format and Signing of Bids

19.1. Bidders shall submit their bids through their duly authorizedrepresentative using the appropriate forms provided in Section IX.Bidding Forms on or before the deadline specified in the ITBClause21in two (2) separate sealed bid envelopes, and which shall be submittedsimultaneously. The first shall contain the technical component of the

bid, including the eligibility requirements under ITBClause 12.1,andthe second shall contain the financial component of the bid.

19.2. Forms as mentioned in ITB Clause 19.1 must be completed withoutany alterations to their format, and no substitute form shall beaccepted. All blank spaces shall be filled in with the informationrequested.

19.3. The Bidder shall prepare an original of the first and second envelopesas described in ITBClauses 12 and13. In addition, the Bidder shallsubmit copies of the first and second envelopes. In the event of any

discrepancy between the original and the copies, the originalshall prevail.


28/104

28

19.4. The bid, except for unamended printed literature, shall be signed, andeach and every page thereof shall be initialed, by the duly authorizedrepresentative/s of the Bidder.

19.5. Any interlineations, erasures, or overwriting shall be valid only if they

are signed or initialed by the duly authorized representative/s of theBidder.

20. Sealing and Marking of Bids

20.1. Unless otherwise indicated in the BDS, Bidders shall enclose theiroriginal eligibility and technical documents described in ITBClause12,in one sealed envelope marked ORIGINAL - TECHNICALCOMPONENT, and the original of their financial component in anothersealed 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 sealedduly marking the inner envelopes as COPY NO. ___ - TECHNICALCOMPONENT and COPY NO. ___ FINANCIAL COMPONENT andthe outer envelope as COPY NO. ___, respectively. Theseenvelopes containing the original and the copies shall then be enclosedin one single envelope.

20.3. The original and the number of copies of the Bid as indicated in theBDSshall be typed or written in indelible ink and shall be signed by thebidder 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 Entitys BAC identified in ITBClause10.1;

(d) bear the specific identification of this bidding process indicatedin the Invitation to Bid; and

(e) bear a warning DO NOT OPEN BEFORE the date and timefor the opening of bids, in accordance with ITBClause21.

20.5. If bids are not sealed and marked as required, the Procuring Entity willassume no responsibility for the misplacement or premature opening ofthe bid.

D. Submission and Opening of Bids

21. Deadline for Submission of Bids


29/104

29

Bids must be received by the Procuring Entitys BAC at the address and on orbefore the date and time indicated in theBDS.

22. Late Bids

Any bid submitted after the deadline for submission and receipt of bidsprescribed by the Procuring Entity, pursuant to ITB Clause 21, shall bedeclared Late and shall not be accepted by the Procuring Entity.

23. Modification and Withdrawal of Bids

23.1. The Bidder may modify its bid after it has been submitted; provided thatthe modification is received by the Procuring Entity prior to the deadlineprescribed for submission and receipt of bids. The Bidder shall not beallowed to retrieve its original bid, but shall be allowed to submitanother bid equally sealed, properly identified, linked to its original bid

marked as TECHNICAL MODIFICATION or FINANCIALMODIFICATION and stamped received by the BAC. Bidmodifications received after the applicable deadline shall not beconsidered and shall be returned to the Bidder unopened.

23.2. A Bidder may, through a letter of withdrawal, withdraw its bid after ithas been submitted, for valid and justifiable reason; provided that theletter of withdrawal is received by the Procuring Entity prior to thedeadline prescribed for submission and receipt of bids.

23.3. Bids requested to be withdrawn in accordance with ITBClause 23.1

shall be returned unopened to the Bidders. A Bidder may also expressits intention not to participate in the bidding through a letter whichshould reach and be stamped by the BAC before the deadline forsubmission and receipt of bids. A Bidder that withdraws its bid shall notbe permitted to submit another bid, directly or indirectly, for the samecontract.

23.4. No bid may be modified after the deadline for submission of bids. Nobid may be withdrawn in the interval between the deadline forsubmission of bids and the expiration of the period of bid validityspecified by the Bidder on the Financial Bid Form. Withdrawal of a bid

during this interval shall result in the forfeiture of the Bidders bidsecurity, pursuant to ITB Clause 18.5, and the imposition ofadministrative, civil, and criminal sanctions as prescribed by RA 9184and its IRR.

24. Opening and Preliminary Examination of Bids

24.1. The BAC shall open the first bid envelopes of Bidders in public asspecified in the BDS to determine each Bidders compliance with thedocuments prescribed in ITB Clause 12. For this purpose, the BACshall check the submitted documents of each bidder against a checklist

of required documents to ascertain if they are all present, using a non-discretionary pass/fail criterion. If a bidder submits the required


30/104

30

document, it shall be rated passed for that particular requirement. Inthis regard, bids that fail to include any requirement or are incompleteor patently insufficient shall be considered as failed. Otherw ise, theBAC shall rate the said first bid envelope as passed.

24.2. Immediately after determining compliance with the requirements in thefirst envelope, the BAC shall forthwith open the second bid envelope ofeach remaining eligible bidder whose first bid envelope was ratedpassed. The second envelope of each complying bidder shall beopened within the same day. In case one or more of the requirementsin the second envelope of a particular bid is missing, incomplete orpatently insufficient, and/or if the submitted total bid price exceeds theABC unless otherwise provided inITBClause13.2,the BAC shall ratethe bid concerned as failed. Only bids that are determined to containall the bid requirements for both components shall be rated passedand shall immediately be considered for evaluation and comparison.

24.3. Letters of withdrawal shall be read out and recorded during bidopening, and the envelope containing the corresponding withdrawn bidshall be returned to the Bidder unopened. If the withdrawing Biddersrepresentative is in attendance, the original bid and all copies thereofshall be returned to the representative during the bid opening. If therepresentative is not in attendance, the Bid shall be returned unopenedby registered mail. The Bidder may withdraw its bid prior to thedeadline for the submission and receipt of bids, provided that thecorresponding letter of withdrawal contains a valid authorizationrequesting for such withdrawal, subject to appropriate administrative

sanctions.

24.4. If a Bidder has previously secured a certification from the ProcuringEntity to the effect that it has previously submitted the above-enumerated Class A Documents, the said certification may besubmitted in lieu of the requirements enumerated in ITB Clause12.1(a),items (i) to (vi).

24.5. In the case of an eligible foreign Bidder as described in ITBClause5,the Class A Documents enumerated in ITBClause 12.1(a) may besubstituted with the appropriate equivalent documents, if any, issued

by the country of the foreign Bidder concerned.

24.6. Each partner of a joint venture agreement shall likewise submit thedocuments required in ITB Clauses 12.1(a)(i) and 12.1(a)(ii).Submission of documents required under ITB Clauses 12.1(a)(iii) to12.1(a)(vi) by any of the joint venture partners constitutes compliance.

24.7. A Bidder determined as failed has three (3) calendar days uponwritten notice or, if present at the time of bid opening, upon verbalnotification within which to file a request for reconsideration with theBAC: Provided, however, that the request for reconsideration shall not

be granted if it is established that the finding of failure is due to the faultof the Bidder concerned: Provided, further, that the BAC shall decide


31/104

31

on the request for reconsideration within seven (7) calendar days fromreceipt thereof. If a failed Bidder signifies his intent to file a request forreconsideration, the BAC shall keep the bid envelopes of the said failedBidder unopened and/or duly sealed until such time that the request forreconsideration or protest has been resolved.

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 itsSecretariat and TWG, are prohibited from making or accepting any kindof communication with any bidder regarding the evaluation of their bidsuntil the issuance of the Notice of Award, unless otherwise allowed intheBDSor in the case of ITBClause 26.

25.2. Any effort by a bidder to influence the Procuring Entity in the ProcuringEntitys decision in respect of Bid evaluation, Bid comparison orcontract award will result in the rejection of the Bidders Bid.

26. Clarification of Bids

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

27. Detailed Evaluation and Comparison of Bids

27.1. The Procuring Entity will undertake the detailed evaluation andcomparison of Bids which have passed the opening and preliminaryexamination of Bids, pursuant to ITBClause 24, in order to determinethe Lowest Calculated Bid.

27.2. In evaluating the Bids to get the Lowest Calculated Bid, the ProcuringEntity shall undertake the following:

(a) The detailed evaluation of the financial component of the bids, toestablish the correct calculated prices of the bids; and

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

27.3. The Procuring Entity's BAC shall immediately conduct a detailedevaluation of all bids rated passed, using non-discretionary pass/failcriterion. Unless otherwise specified in the BDS, the BAC shallconsider the following in the evaluation of bids:


32/104

32

(a) Completeness of the bid. Unless the ITB specifically allowspartial bids, bids not addressing or providing all of the requireditems in the Schedule of Requirements including, whereapplicable, bill of quantities, shall be considered non-responsiveand, thus, automatically disqualified. In this regard, where a

required item is provided, but no price is indicated, the sameshall be considered as non-responsive, but specifying a "0"(zero) for the said item would mean that it is being offered forfree to the Procuring Entity; and

(b) Arithmetical corrections. Consider computational errors,omissions, and other bid modifications, if allowed in theBDS,toenable proper comparison of all eligible bids. Any adjustmentshall be calculated in monetary terms to determine thecalculated prices.

27.4. Based on the detailed evaluation of bids, those that comply with theabove-mentioned requirements shall be ranked in the ascending orderof their total calculated bid prices, as evaluated and corrected forcomputational errors, discounts and other modifications, to identify theLowest Calculated Bid. Total calculated bid prices, as evaluated andcorrected for computational errors, discounts and other modifications,which exceed the ABC shall not be considered.

27.5. Unless otherwise indicated in the BDS, the Procuring Entitysevaluation of bids shall only be based on the bid price quoted in theFinancial Bid Form

27.6. Bids shall be evaluated on an equal footing to ensure fair competition.For this purpose, all bidders shall be required to include in their bidsthe 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 shallbe itemized in the bid form and reflected in the detailed estimates.Such bids, including said taxes, shall be the basis for bid evaluationand comparison.

28. Post Qualification

28.1. The Procuring Entity shall determine to its satisfaction whether theBidder that is evaluated as having submitted the Lowest Calculated Bid(LCB) complies with and is responsive to all the requirements andconditions specified in ITBClauses 5,12,and13.

28.2. Within a non-extendible period of three (3) calendar days from receiptby the Bidder of the notice from the BAC that it submitted the LCB, theBidder shall submit the following documentary requirements:

(a) Tax clearance per Executive Order 398, Series of 2005;

(b) Latest income and business tax returns in the form specified intheBDS;


33/104

33

(c) Certificate of PhilGEPS Registration; and

(d) Other appropriate licenses and permits required by law andstated in theBDS.

Failure of the Bidder declared as LCB to duly submit the requirementsunder this Clause or a finding against the veracity of such, shall beground for forfeiture of the bid security and disqualification of theBidder for award.

28.3. The determination shall be based upon an examination of thedocumentary evidence of the Bidders qualifications submitted pursuantto ITB Clauses 12 and 13, as well as other information as theProcuring Entity deems necessary and appropriate, using a non-discretionary pass/fail criterion.

28.4. If the BAC determines that the Bidder with the Lowest Calculated Bidpasses all the criteria for post-qualification, it shall declare the said bidas the Lowest Calculated Responsive Bid, and recommend to theHead of the Procuring Entity the award of contract to the said Bidder atits submitted price or its calculated bid price, whichever is lower,subject to ITBClause30.3.

28.5. A negative determination shall result in rejection of the Bidders Bid, inwhich event the Procuring Entity shall proceed to the next LowestCalculated Bid to make a similar determination of that Bidderscapabilities to perform satisfactorily. If the second Bidder, however,

fails the post qualification, the procedure for post qualification shall berepeated for the Bidder with the next Lowest Calculated Bid, and so onuntil the Lowest Calculated and Responsive Bid is determined forcontract award.

28.6. Within a period not exceeding seven (7) calendar days from the date ofreceipt of the recommendation of the BAC, the Head of the ProcuringEntity shall approve or disapprove the said recommendation. In thecase of government owned and government-owned and/or -controlledcorporations (GOCCs) and government financial institutions (GFIs), theperiod provided herein shall be fifteen (15) calendar days.

29. Reservation Clause

29.1. Notwithstanding the eligibility or post-qualification of a bidder, theProcuring Entity concerned reserves the right to review itsqualifications at any stage of the procurement process if it hasreasonable grounds to believe that a misrepresentation has been madeby the said bidder, or that there has been a change in the Bidderscapability to undertake the project from the time it submitted itseligibility requirements. Should such review uncover anymisrepresentation made in the eligibility and bidding requirements,

statements or documents, or any changes in the situation of the Bidderwhich will affect its capability to undertake the project so that it fails the


34/104

34

preset eligibility or bid evaluation criteria, the Procuring Entity shallconsider the said Bidder as ineligible and shall disqualify it fromsubmitting 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 priorto the contract award, or not to award the contract, without therebyincurring any liability, and make no assurance that a contract shall beentered into as a result of the bidding:

(a) if there isprima facieevidence of collusion between appropriatepublic officers or employees of the Procuring Entity, or betweenthe BAC and any of the bidders, or if the collusion is between oramong the bidders themselves, or between a bidder and a thirdparty, including any act which restricts, suppresses or nullifies ortends to restrict, suppress or nullify competition;

(b) if the Procuring Entitys BAC is found to have failed in followingthe prescribed bidding procedures; or

(c) for any justifiable and reasonable ground where the award of thecontract will not redound to the benefit of the Government asfollows:

(i) If the physical and economic conditions have significantlychanged so as to render the project no longereconomically, financially or technically feasible as

determined by the head of the procuring entity;

(ii) If the project is no longer necessary as determined by thehead of the procuring entity; and

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

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

(a) No bids are received;

(b) All prospective bidders are declared ineligible;

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

(d) The bidder with the Lowest Calculated Responsive Bid refuses,without justifiable cause to accept the award of contract, and noaward is made.

F. Award of Contract

30. Contract Award


35/104


36/104

36

(b) Bidding Documents;

(c) Winning bidders bid, including the Technical and FinancialProposals, and all other documents/statements submitted;

(d) Performance Security;

(e) Credit line in accordance with ITBClause5.5,if applicable;

(f) Notice of Award of Contract; and

(g) Other contract documents that may be required by existing lawsand/or specified in theBDS.

32. Performance Security

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

32.2. The performance security shall be denominated in Philippine Pesosand posted in favor of the Procuring Entity in an amount equal to thepercentage of the total contract price in accordance with the followingschedule:

Form of Performance SecurityAmount of Performance Security(Equal to Percentage of the Total

Contract Price)(a) Cash or cashiers/managers

check issued by a Universalor Commercial Bank.

Ten percent (10%)

(b) Bank draft/guarantee orirrevocable letter of creditissued by a Universal orCommercial Bank: Provided,however, that it shall be

confirmed or authenticatedby a Universal orCommercial Bank, if issuedby a foreign bank.

(c) Surety bond callable upondemand issued by a suretyor insurance company dulycertified by the InsuranceCommission as authorized toissue such security; and/or

Thirty percent (30%)

(d) Any combination of the

foregoing.

Proportionate to share of form

with respect to total amount ofsecurity


37/104

37

32.3. Failure of the successful Bidder to comply with the above-mentionedrequirement shall constitute sufficient ground for the annulment of theaward and forfeiture of the bid security, in which event the ProcuringEntity shall initiate and complete the post qualification of the secondLowest Calculated Bid. The procedure shall be repeated until the

Lowest Calculated and Responsive Bid is identified and selected forcontract award. However if no Bidder passed post-qualification, theBAC shall declare the bidding a failure and conduct a re-bidding withre-advertisement.

33. Notice to Proceed

33.1. Within three (3) calendar days from the date of approval of the Contractby the appropriate government approving authority, the ProcuringEntity shall issue its Notice to Proceed to the Bidder.

33.2. The date of the Bidders receipt of the Notice to Proceed will beregarded as the effective date of the Contract, unless otherwisespecified in theBDS.


38/104

38


39/104

39

Section III. B id Data Sheet

Notes on the Bid Data Sheet

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

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

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

(b) Amendments and/or supplements, if any, to provisions of Section II.Instructions to Bidders as necessitated by the circumstances of the specificprocurement, must also be incorporated.


40/104

40

Bid Data Sheet

ITB Clause

1.1 The PROCURING ENTITY is City Government of Dasmarias.

The name of the Contract is Construction of Drainage System withSidewalk at Thomas Hembrador St., City of Dasmarias,Cavite..

The identification number of the Contract is [insert identificationnumber of the contract].

2 The Funding Source is:

Select one of the following, delete the others:

If the Funding Source is GOP: The Government of the Philippines(GOP) through [indicate source of funding and year] in theamount of[insert amount of funds].

NOTE: In the case of National Government Agencies, the GeneralAppropriations Act and/or continuing appropriations; in the case ofGovernment-Owned and/orControlled Corporations, GovernmentFinancial Institutions, and State Universities and Colleges, theCorporate Budget for the contract approved by the governingBoards; in the case of Local Government Units, the Budget for thecontract approved by the respective Sanggunian.

If the Funding Source is a foreign government/foreign or internationalfinancing institution: The [indicate the foreign government/foreign orinternational financing institution] through [indicate theLoan/Credit/Grant No.] in the amount of [insert amount of funds].

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

5.1 Select one, delete the other.

If the Funding Source is GOP, state here: No further instructions.

If the Funding Source is a foreign government/foreign or internationalfinancing institution: Eligible Bidders are as defined in the [State theapplicable procurement guidelines and, if applicable, the web pagewhere it may be downloaded].


Bidding is restricted to eligible bidders as defined in ITB Clause5.1.


41/104

41

Or

Foreign bidders may participate in this Project as provided in the[state the applicable Treaty or International or Executive Agreement].


If the Funding Source is GOP, maintain the ITB Clause and insertany of the following: The Bidder must have completed, within ten (10)years from the submission of bids, a single contract that is similar tothis Project, equivalent to at least fifty percent (50%) of the ABC.

If the Funding Source is a foreign government/foreign or internationalfinancing institution, maintain ITB Clause and state No furtherinstructions or explain the applicable eligibility criterion.

For this purpose, similar contracts shall refer to [insert description ofsimilar contracts or state No further instructions].


If the contract is funded by GOP, maintain the ITB Clause and statehere: No further instructions.

If the Funding Source is a foreign government/foreign or internationalfinancing institution, retain ITB Clause or state the relevant eligibilitycriterion.

6.3 Select one, delete the rest.

If the Funding Source is GOP, maintain the ITB Clause and statehere: No further instructions.

If the Funding Source is a foreign government/foreign or internationalfinancing institution, enumerate list of documents the omission ofwhich shall result to the outright rejection and disqualification of bids.

7 Select one, delete the rest.


If the Funding Source is the ADB using Ordinary Capital or SpecialFunds Resources: Eligible Goods and services shall have their originin eligible source countries as described in Guidelines forProcurement Under Asian Development Bank Loans and asdescribed on Asian Development Banks web pagewww.adb.org

If the Funding Source is the JICA: Eligible Goods and services shallhave their origin in eligible source countries. In the event that the
http://www.adb.org/http://www.adb.org/http://www.adb.org/


42/104

42

Goods offered by the Bidder do not have their origin in eligible sourcecountries the contract will still be eligible for financing under JICAODA Loans if the combined costs of such Goods are less than fiftypercent (50%) of the price of the said contract.

If the Funding Source is a foreign government or a foreign/international financing institution, indicate the list of eligible sourcecountries as origin of Goods.


If the Funding Source is the GOP, state either Subcontracting is notallowed. or specify the portions of Works and the maximumpercentage allowed to be subcontracted.

NOTE: Only a maximum of fifty percent (50%) of the Works may be

subcontracted.

If the Funding Source is a foreign government or another foreign orinternational financing institution, state here the maximum percentageof Goods allowed to be subcontracted or No further instructions.

8.2 If subcontracting is allowed, specify the eligibility criteria thatsubcontractors must comply with; otherwise, state Not applicable.

9.1 The Procuring Entity will hold a pre-bid conference for this Project on[State date and time]at [State address of venue].

NOTE: The pre-bid conference shall be held at least twelve (12)calendar days before the deadline for the submission of and receiptof bids. If the Procuring Entity determines that, by reason of themethod, nature, or complexity of the contract to be bid, or wheninternational participation will be more advantageous to the GOP, alonger period for the preparation of bids is necessary, the pre-bidconference shall be held at least thirty (30) calendar days before thedeadline for the submission and receipt of bids.

10.1 The Procuring Entitys address is:

[Insert full address]

[Insert name and designation of Contact person]

[Insert telephone and fax number of Contact]

[Insert email address of contact (if applicable)]


If the Funding Source is the GOP:

The first envelope shall contain the eligibility and technical


43/104

43

documents stated in the ITB Clause. However, if the Biddermaintains a current and updated file of its Class A Documentswith the Procuring Entity, a certification to that effect issued by itsBAC may be submitted in lieu of the Class A Documents.

Or, if the Procuring Entity maintains a registry system using thePhilGEPS or its own electronic system:

The first envelope shall contain the eligibility and technicaldocuments stated in the ITB Clause. However, if the Biddermaintains a current and updated file of his Class A Documentswith the Procuring Entity, a written letter of intent may be submittedin lieu of the Class ADocuments; otherwise, it shall submit anapplication for eligibility and its latest Class A Documentson orbefore [insert date]. Any application for eligibility or updatessubmitted after the deadline for the submission of the letter of

intent shall not be considered for the bidding at hand.

If the Funding Source is ADB or WB: No eligibility check. During Bidopening, Technical Proposals that lack any of the followingdocuments shall be rejected and returned to the Bidder together withits unopened Price Proposal:

a) Technical Proposal Submission Sheet;

b) Evidence of financial, technical, and production capability;

c) Audited Financial Statements;

d) NFCC or Credit Line Certificate;

e) Bid Security; and

f) Authority of the Signatory.

If the Funding Source is JICA, state the following: No eligibility check.All documents described in ITBClause12.1 shall be included in theTechnical Proposal.

If the Funding Source is a foreign government/foreign or internationalfinancing institution, other than those mentioned above, maintain theITB Clause and state No further instructions or state thecorresponding eligibility requirements, if any.

12.1(a)(i) List any additional acceptable proof of registration mentioned in theITB Clause or state No other acceptable proof of registration isrecognized.

12.1(a)(iii) Select one, delete the other.

If the Funding Source is GOP:No further instructions.


44/104

44

If the Funding Source is a foreign government/foreign or internationalfinancing institution: The statement of all ongoing and completedgovernment and private contracts shall include all such contractswithin [state relevant period as provided in the Invitation to Bid]priorto the deadline for the submission and receipt of bids.

12.1(a)(iv) Select one, delete the other.

No further instructions.

Or

Foreign bidders may submit their valid Philippine ContractorsAccreditation Board (PCAB) license and registration for the type andcost of the contract for this Project as a pre-condition for award asprovided in [state relevant provision of the applicable Treaty or

International or Executive Agreement].

13.1 List any additional requirements or state No additionalRequirements


If the Funding Source is the GOP:The ABC is [insert amount]. Anybid with a financial component exceeding this amount shall not beaccepted.

If the Funding Source is a foreign government/foreign or internationalfinancing institution, adopt the provision for GOP or state theapplicable rule.

14.2 Insert value engineering clause if allowed, otherwise state No furtherinstructions.


If the Funding Source is the GOP or WB: Bid Prices shall be fixed.Adjustable price proposals shall be treated as non-responsive andshall be rejected.

If the Funding Source is the GOP, add the following to the firstparagraph above: Price escalation may be allowed in extraordinarycircumstances as may be determined by the National Economic andDevelopment Authority in accordance with the Civil Code of thePhilippines, and upon the recommendation of the Procuring Entity.

If the Funding Source is JICA or ADB, and the contract is of overtwelve (12) months duration, insert the appropriate special conditionof contract and state the following: Adjustments are authorized inaccordance with the price adjustment provisions specified in the GCCClause48.


45/104

45

If the Funding Source is a foreign government or a foreign orinternational financing institution other than those already mentioned,insert the relevant provision and the conditions thereto, if any, orstate No further instructions.

16.1 Select one, delete the other:

The bid prices shall be quoted in Philippine Pesos.

Or

The bid prices shall be quoted either in Philippine Pesos or UnitedStates Dollars at the discretion of the Bidder.



If the Funding Source is a foreign government/foreign or internationalfinancing institution: Payment shall be made in [insert currency].

17.1 Bids will be valid until [insert date].


If the Funding Source is the GOP or WB: The bid security shall be inthe following amount:

1. [Insert 2% of ABC], if bid security is in cash,cashiers/managers check, bank draft/guarantee orirrevocable letter of credit;

2. [Insert 5% of ABC]if bid security is in Surety Bond; or

3. Any combination of the foregoing proportionate to the share ofform with respect to total amount of security.

If the Funding Source is the ADB or JICA: The bid security shall be in

the following amount [insert 2.5% of the ABC].

If the Funding Source is a foreign government/foreign or internationalfinancing institution, retain the ITB Clause and state No furtherinstructions, or state the acceptable form/s of bid security and theamount thereof.

18.2 The bid security shall be valid until [insert date].

18.5(a)(iv) If the Funding Source is GOP or WB, maintain the ITBclause andinclude the following as additional grounds for forfeiture of bid

security:


46/104

46

1. Submission of eligibility requirements containing falseinformation or falsified documents.

2. Submission of bids that contain false information or falsifieddocuments, or the concealment of such information in the bids

in order to influence the outcome of eligibility screening or anyother stage of the public bidding.

3. Allowing the use of ones name, or using the name of anotherfor purposes of public bidding.

4. Withdrawal

Construction of Drainage System With Sidewalk at Thomas Hembrador St

Documents

Transcript of Construction of Drainage System With Sidewalk at Thomas Hembrador St