Sample BId Documents
Sample BId Documents
Sample BId Documents
National Development Company Building, 116 Tordesillas Street, Salcedo Village, 1227 Makati City
TABLE OF CONTENTS
INVITATION TO BID
1. The Philippine International Trading Corporation (PITC) and the Philippine Army (PA), intend
to apply the sum of Pesos: Seventy Six Million One Hundred Forty Thousand Ninety Six and
62/100 (₱76,140,096.62), being the Approved Budget for the Contract (ABC) to payments under the
contract for the Supply of Labor and Materials for the Construction of TRADOC Various
Facilities for the Philippine Army (PA) – One (1) Lot.
Cost of Bidding
Total
Funding Forms of Bid Documents
Description ABC P
Source Security (cash payment
VAT Inclusive
only) ( P)
Supply of Labor and Materials for the Construction of TRADOC Various Facilities for the Philippine
Army (PA) – One (1) Lot, consisting of the following work items:
1. Construction of Ground • Bid Securing
Development Declaration
• Cash or Cashier’s/
2. Construction of Water Manager’s Check*
Supply System equivalent to at least
ASA No. 2% of the ABC
3. Construction of Power 5100-2017- • Bank Guarantee/
Supply System 0343 dated Bank draft or
76,140,096.62 50,000.00
16 Irrevocable LC*
4. Construction of Staff November equivalent to at least
Officers Quarters 2017 2% of the ABC
(12 Units) • Surety bond
callable upon
5. Construction of Clubhouse demand equivalent
to at least 5% of the
ABC
* Must be issued by a Local Commercial or Local Universal Bank.
2. Bids received in excess of the ABC shall be automatically rejected at bid opening.
3. PITC and PA now invite Contractors with valid and current Philippine Contractors Accreditation Board
(PCAB) License with Classification / Category in General Building / General Engineering, with
Minimum Size Range of Medium A and Minimum License Category of B to bid for the Supply of
Labor and Materials for the Construction of TRADOC Various Facilities for the Philippine Army (PA)
– One (1) Lot (hereinafter referred to as the “WORKS”). The PCAB license must indicate “PCAB
registered contractor for Government Projects.”
4. The bidding is open to Filipino citizens / sole proprietorships, partnerships, or organization with at
least sixty percent (60%) interest or outstanding capital stock belonging citizens of the Philippines.
5. Prospective Bidders should have completed one (1) single contract similar to the Project amounting
to at least fifty percent (50%) of the ABC adjusted to current prices using the National Statistics Office
consumer price index.
For purposes of this project, “similar contracts” shall refer to contracts involving Construction of
Buildings or Vertical or Horizontal Structures.
6. Project Completion Period for the entire lot is within three hundred sixty (360) calendar days from receipt
of Notice of Site Possession:
Activity Completion Period
1. Construction of Ground Development
2. Construction of Water Supply System
3. Construction of Power Supply System Within 360 calendar days from receipt of Notice
of Site Possession
4 Construction of Staff Officers Quarters (12 Units)
5. Construction of Clubhouse
11. Interested bidders may obtain further information from the BAC II Secretariat c/o Ms. Irene G. Alayon at
the 3/F, NDC Building, 116 Tordesillas Street, Salcedo Village, 1227 Makati City, from 8:00 AM to 4:00 PM
only, Mondays to Fridays starting 11 November 2019 at telephone no. 8818-98-01 loc. 310. However,
any queries relative to the contents of the Bidding Documents and the project requirements can only be
made by bidders who purchased the Bidding Documents not later than ten (10) calendar days prior to the
Submission and Opening of Bids.
12. PITC reserves the right to accept or reject any bid proposals, to annul the bidding process, and to reject
all bids at any time prior to contract award, without thereby incurring any liability to the affected bidder
or bidders.
SECTION II.
INSTRUCTIONS TO BIDDERS
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 in Section VI. Specifications.
1.2. The name, identification, and number of lots specific to this bidding are provided
in the BDS. The contracting strategy and basis of evaluation of lots is described
in ITB Clause 27.
1.3. The successful bidder will be expected to complete the Works by the intended
completion date specified in SCC Clause 1.17.
2. Source of Funds
The Procuring Entity has a budget or received funds from the Funding Source named in
the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds
received for the Project, as defined in the BDS, to cover eligible payments under the
Contract for the Works.
3. Corrupt, Fraudulent, Collusive, and Coercive Practices
3.1. Unless otherwise specified in the BDS, the Procuring Entity, as well as the bidders
and contractors, shall observe the highest standard of ethics during the
procurement and execution of the contract. In pursuance of this policy, the
Procuring Entity:
(a) defines, for purposes of this provision, the terms set forth below as follows:
(i) "corrupt practice" means behavior on the part of officials in the public
or private sectors by which they improperly and unlawfully enrich
themselves, others, or induce others to do so, by misusing the
position in which they are placed, and includes the offering, giving,
receiving, or soliciting of anything of value to influence the action of
any such official in the procurement process or in contract execution;
entering, on behalf of the Procuring Entity, into any contract or
transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby, and
similar acts as provided in Republic Act 3019;
(ii) "fraudulent practice" means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Procuring Entity, and includes collusive practices
among Bidders (prior to or after Bid submission) designed to establish
bid prices at artificial, non-competitive levels and to deprive the
Procuring Entity of the benefits of free and open competition;
(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
(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 10.34.
(e) Ensuring that it is not “blacklisted” or barred from bidding by the GOP or any of its
agencies, offices, corporations, or LGUs, including foreign government/foreign or
international financing institution whose blacklisting rules have been recognized by
the GPPB;
(f) Ensuring that each of the documents submitted in satisfaction of the bidding
requirements is an authentic copy of the original, complete, and all statements and
information provided therein are true and correct;
(g) Authorizing the Head of the Procuring Entity or its duly authorized representative/s
to verify all the documents submitted;
(h) Ensuring that the signatory is the duly authorized representative of the Bidder, and
granted full power and authority to do, execute and perform any and all acts
necessary to participate, submit bid, and to sign and execute the ensuing contract
accompanied by 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 Republic Act 3019;
(j) Complying with existing labor laws and standards, in the case of procurement of
services. Moreover, bidder undertakes to:
(i) Ensure 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 government in relation to any procurement project
or activity.
Failure to observe any of the above responsibilities shall be at the risk of the Bidder
concerned.
6.3. The Bidder, by the act of submitting its bid, shall be deemed to have inspected the
site, determined the general characteristics of the contract works and the
conditions for this Project and examine all instructions, forms, terms, and project
requirements in the Bidding Documents.
6.4. It shall be the sole responsibility of the prospective bidder to determine and to
satisfy itself by such means as it considers necessary or desirable as to all matters
pertaining to this Project, including: (a) the location and the nature of the contract,
project, or work; (b) climatic conditions; (c) transportation facilities; (c) nature and
condition of the terrain, geological conditions at the site communication facilities,
requirements, location and availability of construction aggregates and other
materials, labor, water, electric power and access roads; and (d) other factors that
may affect the cost, duration and execution or implementation of the contract,
project, or work.
6.5. The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the data
furnished by the procuring entity. However, the Procuring Entity shall ensure that
all information in the Bidding Documents, including supplemental/bid bulletins
issued are correct and consistent.
6.6. Before submitting their bids, the Bidders are deemed to have become familiar with
all existing laws, decrees, ordinances, acts and regulations of the Philippines
which may affect the contract in any way.
6.7. The Bidder shall bear all costs associated with the preparation and submission of
his bid, and the Procuring Entity will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.
6.8. Bidders should note that the Procuring Entity will only accept bids only from 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
There is no restriction on the origin of Goods, or Contracting of Works or Services other
than those prohibited by a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations.
8. Subcontracts
8.1. Unless otherwise specified in the BDS, the Bidder may subcontract portions of the
Works to an extent as may be approved by the Procuring Entity and stated in the
BDS. However, subcontracting of any portion shall not relieve the Bidder from any
liability or obligation that may arise from the contract for this Project.
8.2. Subcontractors must submit the documentary requirements under ITB Clause 12
and comply with the eligibility criteria specified in the BDS. In the event that any
subcontractor is found by the Procuring Entity to be ineligible, the subcontracting
of such portion of the Works shall be disallowed.
8.3. The Bidder may identify the subcontractor to whom a portion of the Works will be
subcontracted at any stage of the bidding process or during contract
implementation. If the Bidder opts to disclose the name of the subcontractor
during bid submission, the Bidder shall include the required documents as part of
the technical component of its bid.
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.
However, for Contracting Parties to the Apostille Convention, the documents shall
be authenticated through an apostille by the Competent Authority, except for countries
1
identified by the Department of Foreign Affairs (DFA) that will still require
legalization (red ribbon) by the relevant Embassy or Consulate.
A Contracting Party refers to a State that has joined the Apostille Convention, whether
or not the Convention has entered into force for that State. 2
A Competent Authority refers to the authority designated by a Contracting Party that
is competent to issue an apostille. A Contracting Party may designate one or
more Competent Authorities and may designate Competent Authorities that are
competent to issue an apostille for certain categories of public documents.
Information about designated Competent Authorities may be found on the Apostille
Section of the Hague Conference website under “Competent Authorities”.3
The English translation shall govern, for purposes of interpretation of the bid.
1
As of May 14, 2019: Austria, Finland, Germany and Greece.
2
Apostile Handbook, A Handbook on the Practical Operation of the Apostille Convention, p. xviii. Netharland: The Hague Conference of
Private International Permanent Bureau.
3
Ibid
14.2. Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic design as indicated in the drawings and
specifications. Unless there is a value engineering clause in the BDS, alternative
bids shall not be accepted.
14.3. Each Bidder shall submit only one Bid, either individually or as a partner in a JV.
A Bidder who submits or participates in more than one bid (other than as a
subcontractor if a subcontractor is permitted to participate in more than one bid)
will cause all the proposals with the Bidder’s participation to be disqualified. This
shall be without prejudice to any applicable criminal, civil and administrative
penalties that may be imposed upon the persons and entities concerned.
15. Bid Prices
15.1. The contract shall be for the whole Works, as described in ITB Clause 1.1, based
on the priced Bill of Quantities submitted by the Bidder.
15.2. The Bidder shall fill in rates and prices for all items of the Works described in the
Bill of Quantities. Bids not addressing or providing all of the required items in the
Bidding Documents including, where applicable, Bill of Quantities, shall be
considered non-responsive and, thus, automatically disqualified. In this regard,
where a required item is provided, but no price is indicated, the same shall be
considered as non-responsive, but specifying a "0" (zero) or a dash (-) for the said
item would mean that it is being offered for free to the Government, except those
required by law or regulations to be provided for.
15.3. All duties, taxes, and other levies payable by the Contractor under the Contract,
or for any other cause, prior to the deadline for submission of bids, shall be
included in the rates, prices, and total bid price submitted by the Bidder.
15.4. All bid prices for the given scope of work in the contract as awarded shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as specified
in GCC Clause 48. Upon the recommendation of the Procuring Entity, price
escalation may be allowed in extraordinary circumstances as may be determined
by the National Economic and Development Authority in accordance with the Civil
Code of the Philippines, and upon approval by the GPPB. Furthermore, in cases
where the cost of the awarded contract is affected by any applicable new laws,
ordinances, regulations, or other acts of the GOP, promulgated after the date of
bid opening, a contract price adjustment shall be made or appropriate relief shall
be applied on a no loss-no gain basis.
16. Bid Currencies
16.1. All bid prices shall be quoted in Philippine Pesos unless otherwise provided in the
BDS. However, for purposes of bid evaluation, bids denominated in foreign
currencies shall be converted to Philippine currency based on the exchange rate
prevailing on the day of the Bid opening.
16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the amounts
in various currencies in which the bid price is expressed to Philippine Pesos at the
exchange rate as published in the 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.
18.3. 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.
18.4. The bid security may be forfeited:
(a) if a Bidder:
(i) withdraws its bid during the period of bid validity specified in ITB
Clause 17;
(ii) does not accept the correction of errors pursuant to ITB Clause 1.1(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 Lowest Calculated and
Responsive Bid;
(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:
(xiii) fails to sign the contract in accordance with ITB Clause 31;
(xiv) 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 requirements under ITB Clause 0,
and the second shall contain the financial component of the bid. This shall also
be observed for each lot in the case of lot procurement.
19.2. Forms as mentioned in ITB Clause 0 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 an original of the first and second envelopes as
described in ITB Clauses 12 and 13. In addition, the Bidder shall submit copies
of the first and second envelopes. In the event of any discrepancy between the
original and the copies, the original shall prevail.
19.4. Each and every page of the Bid Form, including the Bill of Quantities, 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
Clause20.1;
(d) bear the specific identification of this bidding process indicated in the ITB
Clause 1.2; and
(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the
opening of bids, in accordance with ITB Clause 21.
20.5. Unsealed or unmarked bid envelopes shall be rejected. However, bid envelopes
that are not properly sealed and marked, as required in the Bidding Documents,
shall be accepted, provided that the bidder or its duly authorized representative
shall acknowledge such condition of the bid as submitted. If bids are not sealed
and unmarked as required, the Procuring Entity will assume no responsibility for
the misplacement or premature opening of the bid. (Sec 25.9 of 2016 Revised IRR
of RA 9184).
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.
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.
24.5. In the case of an eligible foreign Bidder as described in ITB Clause 5, the Class
“A” Documents may be substituted with the appropriate equivalent documents, if
any, issued by the country of the foreign Bidder concerned, which shall likewise
be uploaded and maintained in the PhilGEPS in accordance with Section 8.5.2 of
the IRR:
(a) Registration Certificate from the Securities and Exchange Commission
(SEC), Department of Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives.
(b) Mayor’s/Business permit issued by the local government where the principal
place of business of the Bidder is located; and
(c) Audited Financial Statements showing, among others, the prospective
Bidder’s total and current assets and liabilities stamped “received” by the
Bureau of Internal Revenue or its duly accredited and authorized institutions,
for the preceding calendar year which should not be earlier than two years
from date of submission.
24.6. Each partner of a joint venture agreement shall likewise submit the documents
required in ITB Clauses 12.1 (a)(i) and 12.1 (a)(ii). Submission of documents
required under ITB Clauses 12.1 (a) (iii) to 12.1 (a)(ii) by any of the joint venture
partners constitutes compliance.
24.7. 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 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
27.7. If so indicated pursuant to ITB Clause 1.2, Bids are being invited for individual lots
or for any combination thereof, provided that all Bids and combinations of Bids
shall be received by the same deadline and opened and evaluated simultaneously
so as to determine the bid or combination of bids offering the lowest calculated
cost to the Procuring Entity. Bid prices quoted shall correspond to all of the
requirements specified for each lot. Bid Security as required by ITB Clause 18
shall be submitted for each contract (lot) separately. The basis for evaluation of
lots is specified in BDS Clause 27.3.
28. Post Qualification
28.1. The BAC shall determine to its satisfaction whether the Bidder that is evaluated
as having submitted the Lowest Calculated Bid (LCB) 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 LCB, 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 the post-qualification requirements on time, or 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 Lowest
Calculated Responsive Bid, and recommend to the Head of the Procuring Entity
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 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 Lowest Calculated and Responsive Bid is determined for
recommendation of contract award.
28.6. Within a period not exceeding fifteen (15) calendar days from the date of receipt
of the recommendation of the BAC, the Head of the Procuring Entity 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 Bidder in writing of such decision and the grounds
for it. When applicable, the BAC shall conduct a post-qualification of the Bidder
with the next Lowest Calculated Bid. A request for reconsideration may be filed
by the Bidder with the HoPE in accordance with Section 37.1.3 of the IRR of RA
9184.
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 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 bidder; or
(ii) Valid PCAB license and registration for the type and cost of the
contract to be bid for foreign bidders when the Treaty or International
or Executive Agreement expressly allows submission of the PCAB
license and registration for the type and cost of the contract to be bid
as a pre-condition to the Award;
(b) Posting of the performance security in accordance with ITB Clause 32;
(c) Signing of the contract as provided in ITB Clause 31; and
(d) Approval by higher authority, if required, as provided in Section 37.3 of the
IRR of RA 9184.
31. Signing of the Contract
31.1. At the same time as the Procuring Entity notifies the successful Bidder that its Bid
has been accepted, the Procuring Entity shall send the Contract Form to the
Bidder, which Contract has been provided in the Bidding Documents,
incorporating therein all agreements between the parties.
31.2. Within ten (10) calendar days from receipt of the Notice of Award, the successful
Bidder shall post the required performance security, sign and date the contract
and return it to the Procuring Entity.
31.3. The Procuring Entity shall enter into contract with the successful Bidder within the
same ten (10) calendar day period provided that all the documentary requirements
are complied with.
31.4. The following documents shall form part of the contract:
(a) Contract Agreement;
(b) Bidding Documents;
(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.
Contact Person:
Ms. IRENE G. ALAYON
Head – BAC II Secretariat
Tel. 8818-9801 local 310
Note: Maximum size of email with attachment is six (6) MB only.
10.3 No further instructions.
12.1 A. ELIGIBILITY DOCUMENTS
Class “A” Documents:
(i) Registration certificate from the Securities and Exchange
Commission (SEC) for corporations, Department of Trade and
Industry (DTI) for sole proprietorship, or Cooperative Development
Authority (CDA) for cooperatives
(ii) Valid and current Business/Mayor's Permit issued by the city or
municipality where the principal place of business of the prospective
bidder is located OR the equivalent document for Exclusive
Economic Zones or Areas;
Notes:
a) The Cashier’s/Manager’s check shall be issued by a Local Universal or
Commercial Bank.
b) The Bank Draft/Guarantee or Irrevocable Letter of Credit shall be issued by
a Local Universal or Local Commercial Bank; or
c) Should bidder opt to submit a Surety Bond as Bid Security, the surety bond
must conform with the following:
(1) Issued by a surety or insurance company duly certified by the
Insurance Commission as authorized to issue such bond. Together
with the surety bond, a copy of a valid Certification from Insurance
Commission must be submitted by the bidder which must state that
the surety or insurance company is specifically authorized to issue
surety bonds.
(2) Callable upon demand
(3) The Bond itself must contain/indicate the grounds for forfeiture
of bid security as stated in Section II, ITB Clause 18.5, to wit:
IF A BIDDER:
(i) withdraws its bid during the period of bid validity specified in
ITB Clause 17;
(ii) does not accept the correction of errors pursuant to ITB
Clause 27.3(b);
(iii) has a finding against the veracity of the required documents
submitted as stated in ITB Clause 29.2; or
ABC P
Description
VAT Inclusive
Supply of Labor and Materials for the
Construction of TRADOC Various
76,140,096.62
Facilities for the Philippine Army (PA) –
One (1) Lot
16.1 The bid price/s shall be quoted in Philippine Pesos.
17.1 Bid/s will be valid for one hundred twenty (120) calendar days from bid opening
date.
18.2 The bid security shall be valid for one hundred twenty (120) days from bid
opening.
19.5 Bidders must sign or initial each and every interlineation, erasure, overwriting
and correction made on their bids. Failure to do so shall result in the invalidation
and rejection of their bids.
20.3 Each Bidder shall submit one (1) original and two (2) copies of the first and
second components of its bid.
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 identified in ITB Clause 20.1;
(d) bear the specific identification of this bidding process indicated in the
Invitation to Bid; and
(e) bear a warning “DO NOT OPEN BEFORE:” the date and time for the opening
of bids, in accordance with ITB Clause 21.
TO : THE BIDS AND AWARDS COMMITTEE II
PHILIPPINE INTERNATIONAL TRADING CORPORATION
FROM :
(Name of Bidder in capital letters)
ADDRESS
: (Address of Bidder in capital letters)
SECTION IV.
GENERAL CONDITIONS OF
CONTRACT
TABLE OF CONTENTS
1. DEFINITIONS ....................................................................................................... 42
2. INTERPRETATION ................................................................................................ 44
3. GOVERNING LANGUAGE AND LAW ........................................................................ 44
4. COMMUNICATIONS .............................................................................................. 44
5. POSSESSION OF SITE .......................................................................................... 44
6. THE CONTRACTOR’S OBLIGATIONS ...................................................................... 45
7. PERFORMANCE SECURITY ................................................................................... 46
8. SUBCONTRACTING .............................................................................................. 46
9. LIQUIDATED DAMAGES ........................................................................................ 47
10. SITE INVESTIGATION REPORTS ............................................................................ 47
11. THE PROCURING ENTITY, LICENSES AND
PERMITS ................................................. ……………………………………….... 47
12. CONTRACTOR’S RISK AND WARRANTY SECURITY ................................................. 47
13. LIABILITY OF THE CONTRACTOR ........................................................................... 49
14. PROCURING ENTITY’S RISK ................................................................................. 49
15. INSURANCE ........................................................................................................ 50
16. TERMINATION FOR DEFAULT OF CONTRACTOR...................................................... 51
17. TERMINATION FOR DEFAULT OF PROCURING ENTITY ............................................. 51
18. TERMINATION FOR OTHER CAUSES ...................................................................... 52
19. PROCEDURES FOR TERMINATION OF CONTRACTS ................................................. 53
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE ............................................... 55
21. RESOLUTION OF DISPUTES .................................................................................. 55
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION ................................ 56
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS .......................................... 56
24. APPROVAL OF DRAWINGS AND TEMPORARY W ORKS BY THE PROCURING ENTITY’S
REPRESENTATIVE ............................................................................................... 56
25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING ENTITY’S
REPRESENTATIVE ............................................................................................... 56
26. EXTENSION OF THE INTENDED COMPLETION DATE ................................................ 56
27. RIGHT TO VARY .................................................................................................. 57
28. CONTRACTORS RIGHT TO CLAIM .......................................................................... 57
29. DAYWORKS ........................................................................................................ 57
30. EARLY W ARNING ................................................................................................ 57
31. PROGRAM OF W ORK ........................................................................................... 58
32. MANAGEMENT CONFERENCES ............................................................................. 58
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 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 means the description of Works to be done and the qualities of
materials to be used, the equipment to be installed and the mode of construction.
1.28. The Start Date, as specified in the SCC, is the date when the Contractor is obliged
to commence execution of the Works. It does not necessarily coincide with any
of the Site Possession Dates.
1.29. A Subcontractor is any person or organization to whom a part of the Works has
been subcontracted by the Contractor, as allowed by the Procuring Entity, but not
any assignee of such person.
1.30. Temporary Works are works designed, constructed, installed, and removed by
the Contractor that are needed for construction or installation of the Permanent
Works.
1.31. Work(s) refer to the Permanent Works and Temporary Works to be executed by
the Contractor in accordance with this Contract, including (i) the furnishing of all
labor, materials, equipment and others incidental, necessary or convenient to the
complete execution of the Works; (ii) the passing of any tests before acceptance
by the Procuring Entity’s Representative; (iii) and the carrying out of all duties and
obligations of the Contractor imposed by this Contract as described in the SCC.
2. Interpretation
2.1 In interpreting the Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity’s Representative will
provide instructions clarifying queries about the Conditions of Contract.
7.4 The performance security may be released by the Procuring Entity and returned
to the Contractor after the issuance of the Certificate of Final Acceptance subject
to the following conditions:
(a) There are no pending claims against the Contractor or the surety company
filed by the Procuring Entity;
(b) The Contractor has no pending claims for labor and materials filed against
it; and
(c) Other terms specified in the SCC.
7.5 The Contractor shall post an additional performance security following the amount
and form specified in ITB Clause 32.2 to cover any cumulative increase of more
than ten percent (10%) over the original value of the contract as a result of
amendments to order or change orders, extra work orders and supplemental
agreements, as the case may be. The Contractor shall cause the extension of the
validity of the performance security to cover approved contract time extensions.
7.6 In case of a reduction in the contract value or for partially completed Works under
the contract which are usable and accepted by the Procuring Entity the use of
which, in the judgment of the implementing agency or the Procuring Entity, will not
affect the structural integrity of the entire project, the Procuring Entity shall allow
a proportional reduction in the original performance security, provided that any
such reduction is more than ten percent (10%) and that the aggregate of such
reductions is not more than fifty percent (50%) of the original performance
security.
7.7 Unless otherwise indicated in the SCC, the Contractor, by entering into the
Contract with the Procuring Entity, acknowledges the right of the Procuring Entity
to institute action pursuant to Act 3688 against any subcontractor be they an
individual, firm, partnership, corporation, or association supplying the Contractor
with labor, materials and/or equipment for the performance of this Contract.
8. Subcontracting
8.1 Unless otherwise indicated in the SCC, the Contractor cannot subcontract Works
more than the percentage specified in BDS Clause 0.
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 Work shall be disallowed.
9. Liquidated Damages
9.1 The Contractor shall pay liquidated damages to the Procuring Entity for each day
that the Completion Date is later than the Intended Completion Date. The
applicable liquidated damages is at least one-tenth (1/10) of a percent of the cost
of the unperformed portion for every day of delay. The total amount of liquidated
damages shall not exceed ten percent (10%) of the amount of the contract. The
Procuring Entity may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the Contractor. Once
the cumulative amount of liquidated damages reaches ten percent (10%) of the
amount of this Contract, the Procuring Entity may rescind or terminate this
Contract, without prejudice to other courses of action and remedies open to it.
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.
Investigation Reports
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 Head of the Procuring Entity has issued
an order to undertake repair. In case of failure or refusal to comply with this
mandate, the Procuring Entity shall undertake such repair works and shall be
entitled to full reimbursement of expenses incurred therein upon demand.
12.3 Unless otherwise indicated in the SCC, in case the Contractor fails to comply with
the preceding paragraph, the Procuring Entity shall forfeit its performance
security, subject its property(ies) to attachment or garnishment proceedings, and
perpetually disqualify it from participating in any public bidding. All payables of the
GOP in his favor shall be offset to recover the costs.
12.4 After final acceptance of the Works by the Procuring Entity, the Contractor shall
be held responsible for “Structural Defects”, i.e., major faults/flaws/deficiencies in
one or more key structural elements of the project which may lead to structural
failure of the completed elements or structure, or “Structural Failures”, i.e., where
one or more key structural elements in an infrastructure facility fails or collapses,
thereby rendering the facility or part thereof incapable of withstanding the design
loads, and/or endangering the safety of the users or the general public:
(a) Contractor – Where Structural Defects/Failures arise due to faults
attributable to improper construction, use of inferior quality/substandard
materials, and any violation of the contract plans and specifications, the
contractor shall be held liable;
(b) Consultants – Where Structural Defects/Failures arise due to faulty and/or
inadequate design and specifications as well as construction supervision,
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 directly affecting
the country where the Works are to be executed.
15. Insurance
15.1 The Contractor shall, under his name and at his own expense, obtain and
maintain, for the duration of this Contract, the following insurance coverage:
(a) Contractor’s All Risk Insurance;
(b) Transportation to the project Site of Equipment, Machinery, and Supplies
owned by the Contractor;
(c) Personal injury or death of Contractor’s employees; and
(d) Comprehensive insurance for third party liability to Contractor’s direct or
indirect act or omission causing damage to third persons.
15.2 The Contractor shall provide evidence to the Procuring Entity’s Representative
that the insurances required under this Contract have been effected and shall,
within a reasonable time, provide copies of the insurance policies to the Procuring
Entity’s Representative. Such evidence and such policies shall be provided to the
Procuring Entity’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:
(a) The issuer of the insurance policy to be replaced has:
(i) become bankrupt;
(ii) been placed under receivership or under a management committee;
(iii) been sued for suspension of payment; or
(iv) been suspended by the Insurance Commission and its license to
engage in business or its authority to issue insurance policies
cancelled; or
(v) Where reasonable grounds exist that the insurer may not be able, fully
and promptly, to fulfill its obligation under the insurance policy.
16. Termination for Default of Contractor
16.1 The Procuring Entity may terminate this Contract for default when any of the
following conditions attend its implementation:
(i) Due to the Contractor’s fault and while the project is on-going, it has incurred
negative slippage of fifteen percent (15%) or more in accordance with
Presidential Decree 1870, regardless of whether or not previous warnings
and notices have been issued for the Contractor to improve his performance;
(ii) Due to its own fault and after this Contract time has expired, the Contractor
incurs delay in the completion of the Work after this Contract has expired; or
(iii) The Contractor:
(a) 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;
(b) 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;
(c) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations under this
Contract;
If the Contractor fails to show cause after the lapse of the seven (7) day
period, either by inaction or by default, the Head of the Procuring Entity shall
issue an order terminating the contract;
(d) The Procuring Entity may, at anytime before receipt of the Bidder’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 Head of the Procuring Entity 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 Head of the Procuring Entity 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
Head of the Procuring Entity.
19.2 Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition of
additional administrative sanctions as the internal rules of the agency may
provide and/or further criminal prosecution as provided by applicable laws, the
procuring entity shall impose on contractors after the termination of the contract
the penalty of suspension for one (1) year for the first offense, suspension for two
(2) years for the second offense from participating in the public bidding process,
for violations committed during the contract implementation stage, which include
but not limited to the following:
(a) Failure of the contractor, due solely to his fault or negligence, to mobilize
and start work or performance within the specified period in the Notice to
Proceed (“NTP”);
(b) Failure by the contractor to fully and faithfully comply with its contractual
obligations without valid cause, or failure by the contractor to comply with
any written lawful instruction of the procuring entity or its representative(s)
pursuant to the implementation of the contract. For the procurement of
infrastructure projects or consultancy contracts, lawful instructions include
but are not limited to the following:
(i) Employment of competent technical personnel, competent engineers
and/or work supervisors;
(ii) Provision of warning signs and barricades in accordance with
approved plans and specifications and contract provisions;
(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.
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:
(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 Completion
Date if a Variation is issued which makes it impossible for the Intended
Completion Date to be achieved by the Contractor without taking steps to
accelerate the remaining work, which would cause the Contractor to incur
additional costs. No payment shall be made for any event which may warrant
the extension of the Intended Completion Date.
26.2 The Procuring Entity’s Representative shall decide whether and by how much to
extend the Intended Completion Date within twenty one (21) days of the
Contractor asking the Procuring Entity’s Representative for a decision thereto
after fully submitting all supporting information. If the Contractor has failed to
give early warning of a delay or has failed to cooperate in dealing with a delay,
the delay by this failure shall not be considered in assessing the new Intended
Completion Date.
27. Right to Vary
27.1 The Procuring Entity’s Representative with the prior approval of the Procuring
Entity may instruct Variations, up to a maximum cumulative amount of ten
percent (10%) of the original contract cost.
27.2 Variations shall be valued as follows:
(a) at a lump sum price agreed between the parties;
(b) where appropriate, at rates in this Contract;
(c) in the absence of appropriate rates, the rates in this Contract shall be used
as the basis for valuation; or failing which
(d) at appropriate new rates, equal to or lower than current industry rates and
to be agreed upon by both parties and approved by the Head of the
Procuring Entity.
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.
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 the 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.
32. Management Conferences
32.1 Either the Procuring Entity’s Representative or the Contractor may require the
other to attend a Management Conference. The Management Conference shall
review the plans for remaining work and deal with matters raised in accordance
with the early warning procedure.
32.2 The Procuring Entity’s Representative shall record the business of Management
Conferences and provide copies of the record to those attending the Conference
and to the Procuring Entity. The responsibility of the parties for actions to be
taken shall be decided by the Procuring Entity’s Representative either at the
Management Conference or after the Management Conference and stated in
writing to all who attended the Conference.
33. Bill of Quantities
33.1 The Bill of Quantities shall contain items of work for the construction, installation,
testing, and commissioning of work to be done by the Contractor.
33.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is
paid for the quantity of the work done at the rate in the Bill of Quantities for each
item.
33.3 If the final quantity of any work done differs from the quantity in the Bill of
Quantities for the particular item and is not more than twenty five percent (25%)
of the original quantity, provided the aggregate changes for all items do not
exceed ten percent (10%) of the Contract price, the Procuring Entity’s
Representative shall make the necessary adjustments to allow for the changes
subject to applicable laws, rules, and regulations.
33.4 If requested by the Procuring Entity’s Representative, the Contractor shall
provide the Procuring Entity’s Representative with a detailed cost breakdown of
any rate in the Bill of Quantities.
34. Instructions, Inspections and Audits
34.1 The Procuring Entity’s personnel shall at all reasonable times during construction
of the Work be entitled to examine, inspect, measure and test the materials and
workmanship, and to check the progress of the construction.
34.2 If the Procuring Entity’s Representative instructs the Contractor to carry out a test
not specified in the Specification to check whether any work has a defect and the
test shows that it does, the Contractor shall pay for the test and any samples. If
there is no defect, the test shall be a Compensation Event.
34.3 The Contractor shall permit the Funding Source named in the SCC to inspect the
Contractor’s accounts and records relating to the performance of the Contractor
and to have them audited by auditors appointed by the Funding Source, if so
required by the Funding Source.
35. Identifying Defects
The Procuring Entity’s Representative shall check the Contractor’s work and notify the
Contractor of any defects that are found. Such checking shall not affect the Contractor’s
responsibilities. The Procuring Entity’s Representative may instruct the Contractor to
search uncover defects and test any work that the Procuring Entity’s Representative
considers below standards and defective.
36. Cost of Repairs
Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Liability Periods shall be remedied by the
Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s
acts or omissions.
37. Correction of Defects
37.1 The Procuring Entity’s Representative shall give notice to the Contractor of any
defects before the end of the Defects Liability Period, which is One (1) year from
project completion up to final acceptance by the Procuring Entity’s
Representative.
37.2 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified in the Procuring Entity’s
Representative’s notice.
37.3 The Contractor shall correct the defects which he notices himself before the end
of the Defects Liability Period.
37.4 The Procuring Entity shall certify that all defects have been corrected. If the
Procuring Entity considers that correction of a defect is not essential, he can
request the Contractor to submit a quotation for the corresponding reduction in
the Contract Price. If the Procuring Entity accepts the quotation, the
corresponding change in the SCC is a Variation.
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, except when a different payment scheme is adopted
under GCC Clause 40.4, in which case, the statement may only be submitted in
accordance with the schedule prescribe by the Procuring Entity.
41.2 The Procuring Entity’s Representative shall check the Contractor’s statement
and certify the amount to be paid to the Contractor.
41.3 The value of Work executed shall:
(a) be determined by the Procuring Entity’s Representative;
(b) comprise the value of the quantities of the items in the Bill of Quantities
completed; and
(c) include the valuations of approved variations.
41.4 The Procuring Entity’s Representative may exclude any item certified in a
previous certificate or reduce the proportion of any item previously certified in any
certificate in the light of later information.
42. Retention
42.1 The Procuring Entity shall retain from each payment due to the Contractor an
amount equal to a percentage thereof using the rate as specified in GCC Sub-
Clause 42.2.
42.2 Progress payments are subject to retention of ten percent (10%), referred to as
the “retention money.” Such retention shall be based on the total amount due to
the Contractor prior to any deduction and shall be retained from every progress
payment until fifty percent (50%) of the value of Works, as determined by the
Procuring Entity, are completed. If, after fifty percent (50%) completion, the Work
is satisfactorily done and on schedule, no additional retention shall be made;
otherwise, the ten percent (10%) retention shall again be imposed using the rate
specified thereof.
42.3 The total “retention money” shall be due for release upon final acceptance of the
Works. The Contractor may, however, request the substitution of the retention
money for each progress billing with irrevocable standby letters of credit from a
commercial bank, bank guarantees or surety bonds callable on demand, of
amounts equivalent to the retention money substituted for and acceptable to the
Procuring Entity, provided that the project is on schedule and is satisfactorily
undertaken. Otherwise, the ten (10%) percent retention shall be made. Said
irrevocable standby letters of credit, bank guarantees and/or surety bonds, to be
posted in favor of the Government shall be valid for a duration to be determined
by the concerned implementing office/agency or Procuring Entity and will answer
for the purpose for which the ten (10%) percent retention is intended, i.e., to cover
uncorrected discovered defects and third party liabilities.
42.4 On completion of the whole Works, the Contractor may substitute retention
money with an “on demand” Bank guarantee in a form acceptable to the
Procuring Entity.
(b) The Head of the Procuring Entity or his duly authorized representative, upon
receipt of the proposed Change Order or Extra Work Order shall immediately
instruct the 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 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 Head of the Procuring Entity concerned shall not
exceed thirty (30) calendar days.
44. Contract Completion
Once the project reaches an accomplishment of ninety five (95%) of the total contract
amount, the Procuring Entity may create an inspectorate team to make preliminary
inspection and submit a punch-list to the Contractor in preparation for the final turnover
of the project. Said punch-list will contain, among others, the remaining Works, Work
deficiencies for necessary corrections, and the specific duration/time to fully complete
the project considering the approved remaining contract time. This, however, shall not
preclude the claim of the Procuring Entity for liquidated damages.
45. Suspension of Work
45.1 The Procuring Entity shall have the authority to suspend the work wholly or partly
by written order for such period as may be deemed necessary, due to force
majeure or any fortuitous events or for failure on the part of the Contractor to
correct bad conditions which are unsafe for workers or for the general public, to
carry out valid orders given by the Procuring Entity or to perform any provisions
of the contract, or due to adjustment of plans to suit field conditions as found
necessary during construction. The Contractor shall immediately comply with
such order to suspend the work wholly or partly.
45.2 The Contractor or its duly authorized representative shall have the right to
suspend work operation on any or all projects/activities along the critical 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
effective order of suspending operation and the order to resume work shall be
allowed the Contractor by adjusting the contract time accordingly.
46. Payment on Termination
46.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Procuring Entity’s Representative shall issue a certificate for the
value of the work done and Materials ordered less advance payments received
up to the date of the issue of the certificate and less the percentage to apply to
the value of the work not completed, as indicated in the SCC. Additional
Liquidated Damages shall not apply. If the total amount due to the Procuring
Entity exceeds any payment due to the Contractor, the difference shall be a debt
payable to the Procuring Entity.
46.2 If the Contract is terminated for the Procuring Entity’s convenience or because of
a fundamental breach of Contract by the Procuring Entity, the Procuring Entity’s
Representative shall issue a certificate for the value of the work done, Materials
ordered, the reasonable cost of removal of Equipment, 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 of materials, working drawings, or written
information to be furnished by the Procuring Entity, non-acquisition of permit to
enter private properties 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 Head of the Procuring
Entity. 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 adjustment 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.
SECTION V.
SPECIAL CONDITIONS OF CONTRACT
Contact Person:
Mr. PIO B. BELLOSILLO
Account Head – Department A
Military Procurement Group
Tel. 8818-9801 local 365 / Fax No. 8812 0012
1.24 The Site is located at:
Camp O’Donnell, Capas, Tarlac
1.28 The Start Date is upon receipt of the Notice of Site Possession
1.31 The Works consist of Supply of Labor and Materials for the Construction
of TRADOC Various Facilities for the Philippine Army (PA) – One (1) Lot
2.2 No further instructions.
5.1 The Contractor’s receipt of the Notice of Site Possession shall be deemed
the start of the Contractor to proceed with the execution of the Works.
6.5 No further instructions.
7.4(c) No further instructions
7.7.7 No further instructions.
8.1 No further instructions.
12.3 No further instructions.
12.5 Fifteen (15) years.
13 All partners to the joint venture shall be jointly and severally liable to the
Procuring Entity.”
18.3(h)(i) No further instructions.
21.2 The Arbiter is to be advised as needed.
29.1 Day works are applicable at the rate shown in the Contractor’s original Bid.
31.1 No further instructions.
34.3 The Funding Source is ASA No. 5100-2017-0343 dated 16 November 2017
39.1 No further instructions.
40. Progress payment shall be based on actual completion of the
infrastructure project or a specific segment or portion thereof using
the following schedule:
First* 25%
Second* 25%
Third* 25%
Fourth** 25%
BIDDING FORMS
TABLE OF CONTENTS
Page
Annex No. Particulars
No.
Eligibility Documents
Annex I Statement of All Ongoing Government and Private Contracts 74
Annex I-A Statement of Single Largest Completed Contract 75
Annex II Certificate of Net Financial Contracting Capacity (NFCC) 76
Technical Documents
Annex III Bid-Securing Declaration 77
Annex IV Technical Bid Form 79
Annex IV-A Scope of Works: Construction of Ground Development 83
Annex IV-B Scope of Works: Construction of Water Supply System 84
Annex IV-C Scope of Works: Construction of Power Supply System 85
Scope of Works: Construction of Staff Officers Quarters
Annex IV-D 86
(12 Units)
Annex IV-E Scope of Works: Construction of Clubhouse 87
Annex V Affidavit of Undertaking 88
Annex VI Bio Data 89
Annex VII Certificate of Performance Evaluation 91
Annex VIII Omnibus Sworn Statement 92
Annex IX Financial Bid Form 96
Bill of Quantities: Scope of Works: Construction of Ground
Annex IX-A 97-107
Development
Annex IX-B Bill of Quantities: Construction of Water Supply System 108-122
Annex IX-C Bill of Quantities: Construction of Power Supply System 123-148
Bill of Quantities: Construction of Staff Officers Quarters
Annex IX-D 149-167
(12 Units)
Annex IX-E Bill of Quantities: Construction of Clubhouse 168-197
Annex IX-F Unit Cost Analysis (Sample Format Only) 198
Annex I
(BIDDER’S COMPANY LETTERHEAD)
CONTRACTOR’S ROLE
DATE OF NATURE OWNER’S (whether sole
NAME OF THE CONTRACT contractor,
THE OF NAME AND
CONTRACT DURATION subcontractor, or
CONTRACT WORK ADDRESS
partner in a JV and
percentage of
participation)
CERTIFIED CORRECT:
Date
Annex I-A
(BIDDER’S COMPANY LETTERHEAD)
For purposes of this project, similar contracts shall refer to contracts involving Construction
of Buildings or Vertical or Horizontal Structures.
Copy of any of the following documents must be attached to this Statement:
1. Constructor’s Certificate of Performance Evaluation System (CPES) Final Rating
which must be Satisfactory rating, or
2. Owner’s Certificate of Acceptance, or
3. Owner’s Certificate of Completion
CERTIFIED CORRECT:
Date
Annex II
(BIDDER’S COMPANY LETTERHEAD)
This is to certify that our Net Financial Contracting Capacity (NFCC) is Philippine Pesos
_____________________________________________________________________
(P_________________) which is at least equal to the total ceiling price we are bidding. The
amount is computed as follows:
CA = Current Assets P
Less: -
CL = Current Liabilities
Sub-Total 1 P
X 15
Sub-Total 2 P
Less: -
value of all outstanding or uncompleted portions of P
the projects under on-going contracts, including
C =
awarded contracts yet to be started coinciding with
the contract for this Project
NFCC P
Position
Date
Notes:
1. The value of all outstanding or uncompleted contracts refers to those listed in Annex I.
2. The detailed computation must be shown using the required formula provided above.
3. The NFCC computation must at least be equal to the ABC of the project
Annex III
(Page 1 of 2)
REPUBLIC OF THE PHILIPPINES )
CITY OF ____________________ ) S.S.
BID-SECURING DECLARATION
SUPPLY OF LABOR AND MATERIALS FOR THE CONSTRUCTION OF TRADOC
VARIOUS FACILITIES FOR THE PHILIPPINE ARMY (PA) – ONE (1) LOT
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].
Annex III
(Page 2 of 2)
SUBSCRIBED AND SWORN to before me this _____ day of [month] [year] at [place of
execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me
through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.
No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card
used], with his/her photograph and signature appearing thereon, with no. ______ and his/her
Community Tax Certificate No. _______ issued on ______ at ______.
Doc. No.
Page No.
Book No.
Series of
___________________________________________
Name of Company (in print)
__________________________________________
Name & Signature of Company Authorized Representative
____________________________________________
Date
Section IX. Bidding Forms Page 79 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
___________________________________________
Name of Company (in print)
__________________________________________
Name & Signature of Company Authorized Representative
____________________________________________
Date
Section IX. Bidding Forms Page 80 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
BIDDER’S UNDERTAKING
I/WE, the undersigned bidder, having examined the Bidding Documents including Bid Bulletins, as applicable, hereby bid to
(supply/deliver/perform) the above-described items.
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained in the Bidding
Documents, including the posting of the required performance security within ten (10) calendar days from receipt of the
Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
__________________________________________
Name of Company (in print)
__________________________________________
Name & Signature of Company Authorized Representative
____________________________________________
Date
Conforme:
___________________________________
Bidder’s Company Name
____________________________________
Signature of Authorized Representative
____________________________________
Designation
____________________________________
Date
Conforme:
___________________________________
Bidder’s Company Name
____________________________________
Signature of Authorized Representative
____________________________________
Designation
____________________________________
Date
Conforme:
___________________________________
Bidder’s Company Name
____________________________________
Signature of Authorized Representative
____________________________________
Designation
____________________________________
Date
Annex IV-D
Scope of Works (Page 1 of 1)
Construction of Staff Officers Quarters
(12 Units)
Conforme:
___________________________________
Bidder’s Company Name
____________________________________
Signature of Authorized Representative
____________________________________
Designation
____________________________________
Date
Conforme:
___________________________________
Bidder’s Company Name
____________________________________
Signature of Authorized Representative
____________________________________
Designation
____________________________________
Date
Annex V
(BIDDER’S COMPANY LETTERHEAD)
Affidavit of Undertaking for the Project’s Technical Specifications & its Drawings/Plans
I/We, _______________________, of legal age, after having been duly sworn in accordance with law,
hereby depose and state that:
1. I/We am/are the bidder/s in the Project: Supply of Labor and Materials for the Construction of
TRADOC Various Facilities for the Philippine Army (PA) – One (1) Lot per Bid Ref. No. MPG-
B2-2019-560 2nd Rebid.
2. I/We declare that I have read each and every page of the above-stated Project’s Technical
Specifications & its Drawings/Plans for the Supply of Labor and Materials for the Construction
of TRADOC Various Facilities for the Philippine Army (PA) – One (1) Lot per Bid Ref. No.
MPG-B2-2019-560 2nd Rebid, including its Floor Plans/ Front Elevation/ Roof Plan/ Lighting Plan
Sheet No. E-1 & E2/ Sliding Door, which we acknowledge to have received in PDF file, in a
formatted CD on ______(Date)________________.
3. I/We understand that having issued this Affidavit of Undertaking, we conform to the requirements
of the above-stated Project’s Technical Specifications & its Drawings/Plans for the Supply of
Labor and Materials for the Construction of TRADOC Various Facilities for the Philippine
Army (PA) – One (1) Lot per Bid Ref. No. MPG-B2-2019-560 2nd Rebid; and that, in the event
that the contract for the Project is awarded to us, we undertake to complete and accomplish our
obligations in accordance with, among other terms and conditions, the said Technical
Specifications & its Drawings/Plans.
4. This Affidavit forms part of our Technical Bid for the above-mentioned Project.
5. I/We are executing this Affidavit to attest to the truth of the foregoing facts.
IN WITNESS WHEREOF, we have hereunto set our hands and affix my/our signature/s on this ____
day of _______________________20__, in __________________ City.
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of
Section IX. Bidding Forms Page 88 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
Annex VI
(Page 1 of 2)
BIO DATA
PERSONAL DATA
Name :
Date of Birth :
Nationality :
Marital Status :
Permanent
:
Address
EDUCATIONAL QUALIFICATIONS
Secondary
Tertiary
Post Grad.
PROFESSIONAL QUALIFICATIONS
Annex VI
(Page 2 of 2)
Note:
For Licensed Architects/Engineers, please attach certified true copy of valid and
current copy of PRC license.
Annex VII
This is to certify that (NAME OF BIDDER), has contracted and performed with our
company/agency the (Name of CONTRACT/WORKS).
EXCELLENT
VERY SATISFACTORY
SATISFACTORY
POOR
level of performance throughout the term of the contract based on the following
performance criteria
1) Quality of service delivered;
2) Time management;
3) Management and suitability of personnel;
4) Contract administration and management; and
5) Provision of regular progress reports.
This Certification shall form part of the Technical Documentary Requirements in line
with _____(Name of Bidder)_____ participation in the Supply of Labor and Materials
for the Construction of TRADOC Various Facilities for the Philippine Army (PA)
– One (1) Lot.
Annex VIII
(Page 1 of 4)
SUPPLY OF LABOR AND MATERIALS FOR THE CONSTRUCTION OF TRADOC
VARIOUS FACILITIES FOR THE PHILIPPINE ARMY (PA) – ONE (1) LOT
Bid Ref. No. MPG-B2-2019-560 2nd Rebid
(Previous Bid Ref. No. MPG-B2-2019-001 and Bid Ref. No. MPG-B2-2019-210 Rebid)
Approved Budget for the Contract – ₱ 76,140,096.62
OMNIBUS SWORN STATEMENT
AFFIDAVIT
I/We, ___________________________, of legal age, with residence at
_____________________, after having been duly sworn to in accordance with law and in
compliance with the bidding requirements as contained in the Instruction to Bidders /Bid Data
Sheet for the bidding do hereby certify under oath as follows:
(a)
AUTHORITY OF THE DESIGNATED REPRESENTATIVE
(Please check appropriate box and fill up blanks)
Sole Proprietorship
That I am the sole proprietor of <company name/name of supplier> with business address
at ___________________________________; Telephone No. ____________________, with Fax
No. ________________ and e-mail address ____________________ and as owner and sole
proprietor, I have the full power and authority to do, execute and perform any and all acts necessary
to represent it in the bidding
Name :
Title :
Specimen Signature :
– OR –
Name :
Title :
Specimen Signature :
Note: Please attach a Special Power of Attorney, if not the Sole Proprietor / Owner.
Annex VIII
(Page 2 of 4)
Corporation, Partnership, Cooperative
That I/we am/are the duly authorized representative/s of <company name>, located at
________________________________________, with Telephone No. ____________________;
Fax No. _____________________ and e-mail address, ___________________________, as
shown in the attached Secretary’s Certificate issued by the corporation or the members of the joint
venture, and granted full power and authority to execute and perform any and all acts necessary
and/or to represent our company in the bidding, including signing all Bidding Documents and other
related documents such as the contracts:
1) Name: 2) Name:
Title: Title:
Specimen Signature: Specimen Signature:
(b)
NON-INCLUSION IN THE BLACKLIST NOR UNDER SUSPENSION STATUS BY ANY AGENCY
OR GOVERNMENT INSTRUMENTALITY
That the firm I/We represent is not blacklisted or barred/suspended from bidding by the
Government of the Philippines or any of its agencies, offices, corporations, or Local Government
Units, foreign government/foreign or international financial institution whose blacklisting rules have
been recognized by the Government Procurement Policy Board.
(c)
AUTHENTICITY OF SUBMITTED DOCUMENTS
That each of the documents submitted by our company 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.
(d)
AUTHORITY TO VALIDATE SUBMITTED DOCUMENTS
The undersigned duly authorized representative of the Applicant, for and in behalf of the
Applicant, hereby submits this Letter of Authorization in relation with Application to apply for Eligibility
and to Bid for the subject contract to be bid.
In connection thereat, all public official, engineer, architect, surety company, bank institution
or other person, company or corporation named in the eligibility documents and statements are
hereby requested and authorized to furnish the Chairman, PITC Bids & Awards Committee II or her
duly authorized representative/s any information necessary to verify the correctness and authenticity
of any item stated in the said documents and statements or regarding our competence and general
reputation.
I/We hereby give consent and give authority to the Chairman of PITC Bids and Awards
Committee II or her duly authorized representative, to verify the authenticity and correctness, of any
or all of the documents and statements submitted herein; and that I/we hereby hold myself liable,
criminally or civilly, for any misrepresentation or false statements made therein which shall be ground
for outright disqualification and/or ineligibility, and inclusion of my/our company among the
contractors blacklisted from participating in future biddings of Philippine International Trading
Corporation.
Annex VIII
(Page 3 of 4)
(e)
DISCLOSURE OF RELATIONS
That for and in behalf of the Bidder, I/We hereby declare that the sole proprietor or
proprietress/ all officers and members of the partnership or cooperative/ all officers, directors, and
controlling stockholders of the corporation/ all partners and members of the Joint Venture are not
related by consanguinity or affinity up to the third civil degree with the Head of the Procuring Entity,
members of the Board of Directors, the President, Officers or Employees having direct access to
information that may substantially affect the result of the bidding such as, but not limited to, the
members of the PITC BAC, the members of the TWG of PITC, the PITC BAC Secretariat, the
head of the end-user unit, and the project consultants. It is fully understood that the existence of
the aforesaid relation by consanguinity or affinity of the Bidder with the aforementioned Officers of
the Corporation shall automatically disqualify the Bid.
(f)
COMPLIANCE WITH EXISTING LABOR LAWS AND STANDARDS
That our company diligently abides and complies with existing labor laws and standards.
(g)
BIDDER’S RESPONSIBILITIES
1. That I/we have taken steps to carefully examine all of the Bidding Documents;
2. That I/we acknowledge all conditions, local or otherwise affecting the implementation of the
contract;
3. That I/we made an estimate of the facilities available and needed for the contract to be bid, if any;
4. That I/we will inquire or secure Supplemental /Bid Bulletins issued for this project;
5. That the submission of all bidding requirements shall be regarded as acceptance of all conditions
of bidding and all requirements of authorities responsible for certifying compliance of the contract;
6. That I have complied with our responsibility as provided for in the Bidding Documents and all
Supplemental /Bid Bulletins;
7. That failure to observe any of the above responsibilities shall be at my own risk and
8. That I agree to be bound by the terms and conditions stated in the Conditions of the Contract for
this project.
(h)
DID NOT PAY ANY FORM OF CONSIDERATION
That I/we 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 project or activity.
Annex VIII
(Page 4 of 4)
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _______________,
20__ at ______________________, Philippines.
Doc. No.
Page No.
Book No.
Series of
*mgcg/rev/07-11-2016
Notes:
The Financial Bid includes taxes, all cost relative to construction.
The bidder shall shoulder all transportation costs, delivery charges and shall assume all risks until the goods have been
delivered at the site and accepted by PA/PITC.
The amount in the signed submitted Financial Bid Form (Annex IX) must be equal to the sum of Bill of Quantities per
Annex IX-A, Annex IX-B, Annex IX-C, Annex IX-D and Annex IX-E must not exceed the total ABC
BIDDER’S UNDERTAKING
I/WE, the undersigned bidder, having examined the Bidding Documents including Bid Bulletins, as applicable, hereby OFFER
to (supply/deliver/perform) the above described items.
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained in the Bidding
Documents, including the posting of the required performance security within ten (10) calendar days from receipt of the Notice
of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
SUB-TOTAL
Notes:
The Financial Bid includes taxes, all cost relative to construction.
The bidder shall shoulder all transportation costs, delivery charges and shall assume all risks until the goods
have been delivered at the site and accepted by PA/PITC.
The amount in the signed submitted Bill of Quantities (Annex IX-B) must be equal to the sum of Financial
Bid Form per Annex IX and must not exceed the total ABC
BIDDER’S UNDERTAKING
I/WE, the undersigned bidder, having examined the Bidding Documents including Bid Bulletins, as applicable,
hereby OFFER to (supply/deliver/perform) the above described items.
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
Section IX. Bidding Forms Page 115 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
Section IX. Bidding Forms Page 118 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
Section IX. Bidding Forms Page 127 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
Section IX. Bidding Forms Page 129 of 213
Supply of Labor and Materials for the Construction of TRADOC Various Facilities
for the Philippine Army (PA) – One (1) Lot
Philippine International Trading Corporation Bid Reference No. MPG-B2-2019-560 2nd Rebid
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
___________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
___________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
_____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
___________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions
contained in the Bidding Documents, including the posting of the required performance security within ten
(10) calendar days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
I/We undertake, if our bid is accepted, to deliver the items in accordance with the terms and conditions contained
in the Bidding Documents, including the posting of the required performance security within ten (10) calendar
days from receipt of the Notice of Award.
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
Until a formal contract is prepared and signed, this Bid is binding on us.
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print) / Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
____________________________________________
Name of Company (in print)
____________________________________________
Signature of Company Authorized Representative
____________________________________________
Name & Designation (in print)
____________________________________________
Date
Annex IX-F
SAMPLE FORMAT ONLY
SUPPLY OF LABOR AND MATERIALS FOR THE CONSTRUCTION OF TRADOC
VARIOUS FACILITIES FOR THE PHILIPPINE ARMY (PA) – ONE (1) LOT
Note:
This is a sample format only. Bidder may revise the form as long as bidder provides UCA per
work item that indicated in their Bill of Quantities per Annex IX-A, Annex IX-B, Annex IX-C,
Annex IX-D and Annex IX-E
Prepared by:
__________________________________
Name and Signature
Bidder’s Authorized Representative
SECTION X.
POST QUALIFICATION DOCUMENT
(APPLICABLE ONLY TO DECLARED
LOWEST / SINGLE CALCULATED
BIDDER)
Annex X
(Bidder’s Company Letterhead)
SUPPLY OF LABOR AND MATERIALS FOR THE CONSTRUCTION OF TRADOC
VARIOUS FACILITIES FOR THE PHILIPPINE ARMY (PA) – ONE (1) LOT
COMPANY PROFILE
COMPANY NAME :
ADDRESS
HEAD OFFICE :
BRANCH :
TELEPHONE NUMBER/S
HEAD OFFICE :
BRANCH :
FAX NUMBER/S
HEAD OFFICE :
BRANCH :
EMAIL ADDRESS/ES :
NUMBER OF EMPLOYEES :
____________________________________________
Name & Signature of Authorized Representative
____________________________________________
Designation
____________________________________________
Date
Annex XI
(BIDDER’S COMPANY LETTERHEAD)
This Undertaking shall form part of the Post Qualification Requirements for the
aforesaid procurement project.
Annex XII
Special Bank Guarantee or Irrevocable Standby Letter of Credit
(For Retention Money, As Applicable)
To : ______________________
______________________
Date : ______________________
AND WHEREAS, it has been stipulated by you in the said Contract that the
Contractor/Supplier shall furnish you with a Special Bank Guarantee / Irrevocable Standby
Letter of Credit (as applicable) by an authorized bank for the sum specified therein as security
for compliance with their obligations in accordance to with the contract, including a warranty
that the GOODS supplied are free from patent and latent defects and performance of
corrective work for any manufacturing defects will be undertaken as required and that all the
conditions imposed under the contract shall been fully met;
AND WHEREAS, we have agreed to give the Contractor/Supplier such a Special Bank
Guarantee/ Irrevocable Letter of Credit (as applicable);
NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of PhP _____________ proportions of currencies in
which the Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of PhP
___________ as aforesaid without you needing to prove or to show grounds or reasons for
your demand for the sum specified therein.
We hereby further affirm that this bank guarantee/standby letter of credit
(as applicable) is irrevocable and intended to answer for the performance of corrective work
for any manufacturing defects, to warrant that the goods supplied are free from patent and
latent defects and to warrant that all conditions imposed under the contract have been fully
met by the Contractor/Supplier.
We hereby waive the necessity of your demanding the said debt from the Contractor/Supplier
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
to be performed thereunder or of any of the Contract documents which may be made between
you and the Contractor shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until _________________________________ or a minimum of
one (1) year, whichever comes later.
NAME OF BANK
ADDDRESS
Annex XIII
WHEREAS, [insert name and address of Supplier] (hereinafter called the “Supplier”) has undertaken, in
pursuance of Contract No. [insert number] dated [insert date] to execute [insert name of contract and
brief description] (hereinafter called the “Contract”);
AND WHEREAS, it has been stipulated by you in the said Contract that the Supplier shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance
with his obligations in accordance with the Contract;
AND WHEREAS, we have agreed to give the Supplier such a Bank Guarantee;
NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Supplier, up to a total of [insert amount of guarantee]1 proportions of currencies in which the Contract
Price is payable, and we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of [insert amount of guarantee] as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Supplier before presenting us
with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract to be
performed thereunder or of any of the Contract documents which may be made between you and the
Supplier shall in any way release us from any liability under this guarantee, and we hereby waive notice
of any such change, addition or modification.
This guarantee shall be valid until the date of your issuance of the Notice of Final Acceptance.
1 An amount is to be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract.
Annex XIV
COMPANY LETTERHEAD
STATEMENT OF TIME ELAPSED AND PERCENTAGE OF WORK ACCOMPLISHED
Date submitted ________________________
Name of Project :
Location :
Original ABC (P) :
Revised ABC (P) :
Annex XV
CONTRACTOR’S AFFIDAVIT
1) That the aforementioned company is the Contractor for the _______ Name of Project
and Bid Ref.________ located at ____________ (Name of Client Agency and Address
of the Project)_________________;
2) That I hereby certify that all the Labor and Materials used in this work as well as the
taxes and all other obligations incurred therewith, have been fully paid at rates
required by law, particularly the minimum wage law;
3) That I further certify that I did not promise officials or employees of the Philippine
International Trading Corporation or the _______ (Name of Client Agency) _________,
any gift of money to support my claim for payment.
_________________________________
Affiant
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of
SECTION XII.
CHECKLIST OF DOCUMENTS
Name of Company :
SUPPLY OF LABOR AND MATERIALS FOR THE
CONSTRUCTION OF TRADOC VARIOUS
Name of Project :
FACILITIES FOR THE PHILIPPINE ARMY (PA) –
ONE (1) LOT
Bid Ref. No. MPG-B2-2019-560 2nd Rebid
Bid Ref. No. : (Previous Bid Ref. No. MPG-B2-2019-001 and Bid
Ref. No. MPG-B2-2019-210 Rebid)
Approved Budget for the Contract : ₱ 76,140,096.62
Per Bid Docs
Particulars
Item No.
CERTIFICATION ON ELIGIBILITY
ENVELOPE 1: ELIGIBILITY AND TECHNICAL DOCUMENTS
A. ELIGIBILITY DOCUMENTS
CLASS "A" DOCUMENTS
Registration certificate from the Securities and Exchange
(i) Commission (SEC) for corporations, Department of Trade and
Industry (DTI) for sole proprietorship, or Cooperative Development
Authority (CDA) for cooperatives.
Valid and current Business/Mayor's Permit issued by the city or
municipality where the principal place of business of the prospective
bidder is located OR the equivalent document for Exclusive
Economic Zones or Areas;
(ii) In case of recently expired Mayor's/Business permits, it shall be
accepted together with the official receipt as proof that the bidder
has applied for renewal within the period prescribed by the
concerned local government unit, provided that the renewed permit
shall be submitted as a post-qualification requirement.
Valid and current Tax Clearance per Executive Order 398, Series of
(iii) 2005 and Revenue Memorandum Order No. 46-2018, as finally
reviewed and approved by BIR.
Copy of audited Financial Statements for 2018 and 2017 (in
comparative form or separate reports):
(a) Independent Auditor’s Report;
(b) Balance Sheet (Statement of Financial Position); and
(iv)
(c) Income Statement (Statement of Comprehensive Income.).
Each of the above statements must have stamped “received” by the
Bureau of Internal Revenue (BIR) or its duly accredited and
authorized institutions.
OR
Valid and current PHILGEPS Certificate of Registration (Platinum Membership *).
*Note: Bidder must ensure that all Class “A” Eligibility Documents are valid and
current at the time of submission of PhilGEPS Certificate of Registration (Platinum
Membership). In case any of the submitted Eligibility Documents are not valid and
current at the time of submission of the PhilGEPS Certificate of Registration
(Platinum Membership), bidders are required to submit the valid and current
documents including the Audited Financial Statements for 2018 and 2017
(stamped and received by the BIR) together with the said PhilGEPS Certificate of
Registration (Platinum Membership).
Statement of all its ongoing government and private contracts
(including contracts awarded but not yet started), if any, whether
(v)
similar or not similar in nature and complexity to the contract to be
bid (Annex I).
Statement of Single Largest Completed Contract similar to the
contract to be bid equivalent to at least fifty (50%) of the total ABC
of the project (Annex I-A).
Similar contracts shall refer to contracts involving
Construction of Buildings or Vertical or Horizontal Structures.
Any of the following documents must be submitted/attached
(vi) corresponding to the listed completed largest contracts per Annex
I-A:
(a) Constructor’s Performance Evaluation System (CPES) Final
Rating which must be Satisfactory, or
(b) Owner’s Certificate of Acceptance, or
(c) Owner’s Certificate of Completion
Valid and current Philippine Contractors Accreditation Board
(PCAB) license with Classification/Category in General
Building/General Engineering with Minimum Size Range of
(vii)
Medium A and Minimum License Category of B. The PCAB license
must indicate “PCAB registered contractor for Government
Projects.”
Duly signed Certificate of Net Financial Contracting Capacity
(NFCC) per Annex II, in accordance with ITB Clause 5.5.
The computation must be at least equal to the ABC of the project.
The detailed computation using the required formula must be
shown as provided for in Annex II.
NFCC = [(Current assets minus current liabilities) (15)] minus the
value of all outstanding or uncompleted portions of the projects
(viii) under ongoing contracts, including awarded contracts yet to be
started, coinciding with the contract to be bid.
Notes:
1. The phrase "the values of the bidder's current assets and
current liabilities" shall be based on the data submitted to the
BIR, which refers to the values of the current assets and current
liabilities reflected in the Annual Income Tax Return and
Audited Financial Statements.