PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Procurement of
INFRASTRUCTURE
PROJECTS
Government of the Republic of the Philippines

Sixth Edition
July 2020
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 Preface

These Philippine Bidding Documents (PBDs) for the procurement of Infrastructure

Projects (hereinafter referred to also as the “Works”) through Competitive Bidding have been
prepared by the Government of the Philippines for use by all branches, agencies,
departments, bureaus, offices, or instrumentalities of the government, including government-
owned and/or -controlled corporations, government financial institutions, state universities
and colleges, local government units, and autonomous regional government. The procedures
and practices presented in this document have been developed through broad experience, and
are for mandatory use in projects that are financed in whole or in part by the Government of
the Philippines or any foreign government/foreign or international financing institution in
accordance with the provisions of the 2016 revised Implementing Rules and Regulations
(IRR) of Republic Act (RA) No. 9184.

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

The Bidding Documents shall clearly and adequately define, among others: (i) the
objectives, scope, and expected outputs and/or results of the proposed contract; (ii) the
eligibility requirements of Bidders; (iii) the expected contract duration; and (iv) the
obligations, duties, and/or functions of the winning Bidder.

Care should be taken to check the relevance of the provisions of the PBDs against the
requirements of the specific Works to be procured. If duplication of a subject is inevitable in
other sections of the document prepared by the Procuring Entity, care must be exercised to
avoid contradictions between clauses dealing with the same matter.

Moreover, each section is prepared with notes intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They shall not be included in
the final documents. The following general directions should be observed when using the
documents:

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

b. Specific details, such as the “name of the Procuring Entity” and “address for
bid submission,” should be furnished in the Instructions to Bidders, Bid Data
Sheet, and Special Conditions of Contract. The final documents should
contain neither blank spaces nor options.

c. This Preface and the footnotes or notes in italics included in the Invitation to
Bid, BDS, General Conditions of Contract, Special Conditions of Contract,
Specifications, Drawings, and Bill of Quantities are not part of the text of the
final document, although they contain instructions that the Procuring Entity
should strictly follow.

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

e. Modifications for specific Procurement Project details should be provided in

the Special Conditions of Contract as amendments to the Conditions of
Contract. For easy completion, whenever reference has to be made to specific
clauses in the Bid Data Sheet or Special Conditions of Contract, these terms
shall be printed in bold typeface on Sections I (Instructions to Bidders) and III
(General Conditions of Contract), respectively.

f. For guidelines on the use of Bidding Forms and the procurement of Foreign-
Assisted Projects, these will be covered by a separate issuance of the
Government Procurement Policy Board.

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 TABLE OF CONTENTS

Glossary of Terms, Abbreviations, and Acronyms..........................................5

Section I. Invitation to Bid .................................................................................8
Section II. Instructions to Bidders.................................................................. 11
1. Scope of Bid ............................................................................................................12
2. Funding Information ...............................................................................................12
3. Bidding Requirements .............................................................................................12
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ....................13
5. Eligible Bidders .......................................................................................................13
6. Origin of Associated Goods ....................................................................................13
7. Subcontracts ............................................................................................................13
8. Pre-Bid Conference .................................................................................................14
9. Clarification and Amendment of Bidding Documents............................................14
10. Documents Comprising the Bid: Eligibility and Technical Components ...............14
11. Documents Comprising the Bid: Financial Component .........................................15
12. Alternative Bids ......................................................................................................15
13. Bid Prices ................................................................................................................15
14. Bid and Payment Currencies ...................................................................................16
15. Bid Security.............................................................................................................16
16. Sealing and Marking of Bids...................................................................................16
17. Deadline for Submission of Bids ............................................................................16
18. Opening and Preliminary Examination of Bids ......................................................17
19. Detailed Evaluation and Comparison of Bids .........................................................17
20. Post Qualification ....................................................................................................17
21. Signing of the Contract ...........................................................................................17
Section III. Bid Data Sheet .............................................................................. 19
Section IV. General Conditions of Contract ................................................. 21
1. Scope of Contract ....................................................................................................22
2. Sectional Completion of Works ..............................................................................22
3. Possession of Site ....................................................................................................22
4. The Contractor’s Obligations ..................................................................................22
5. Performance Security ..............................................................................................23
6. Site Investigation Reports .......................................................................................23

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 7. Warranty..................................................................................................................23
8. Liability of the Contractor .......................................................................................23
9. Termination for Other Causes .................................................................................23
10. Dayworks ................................................................................................................24
11. Program of Work.....................................................................................................24
12. Instructions, Inspections and Audits .......................................................................24
13. Advance Payment....................................................................................................24
14. Progress Payments ..................................................................................................24
15. Operating and Maintenance Manuals......................................................................25
Section V. Special Conditions of Contract..................................................... 26
Section VI. Specifications ................................................................................ 29
Section VII. Drawings ...................................................................................... 31
Section VIII. Bill of Quantities ....................................................................... 32
Section IX. Checklist of Technical and Financial Documents ..................... 34

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 Glossary of
Terms, Abbreviations, and Acronyms

ABC – Approved Budget for the Contract.

ARCC – Allowable Range of Contract Cost.

BAC – Bids and Awards Committee.

Bid – A signed offer or proposal to undertake a contract submitted by a bidder in response to

and in consonance with the requirements of the bidding documents. Also referred to as
Proposal and Tender. (2016 revised IRR, Section 5[c])

Bidder – Refers to a contractor, manufacturer, supplier, distributor and/or consultant who

submits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR,
Section 5[d])

Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016
revised IRR, Section 5[e])

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

CDA – Cooperative Development Authority.

Consulting Services – Refer to services for Infrastructure Projects and other types of projects
or activities of the GOP requiring adequate external technical and professional expertise that
are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:
(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical
services or special studies. (2016 revised IRR, Section 5[i])

Contract – Refers to the agreement entered into between the Procuring Entity and the
Supplier or Manufacturer or Distributor or Service Provider for procurement of Goods and
Services; Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting
Firm for Procurement of Consulting Services; as the case may be, as recorded in the Contract
Form signed by the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.

Contractor – is a natural or juridical entity whose proposal was accepted by the Procuring
Entity and to whom the Contract to execute the Work was awarded. Contractor as used in
these Bidding Documents may likewise refer to a supplier, distributor, manufacturer, or
consultant.

CPI – Consumer Price Index.

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DOLE – Department of Labor and Employment.

DTI – Department of Trade and Industry.

Foreign-funded Procurement or Foreign-Assisted Project – Refers to procurement whose

funding source is from a foreign government, foreign or international financing institution as
specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section
5[b]).

GFI – Government Financial Institution.

GOCC – Government-owned and/or –controlled corporation.

Goods – Refer to all items, supplies, materials and general support services, except
Consulting Services and Infrastructure Projects, which may be needed in the transaction of
public businesses or in the pursuit of any government undertaking, project or activity,
whether in the nature of equipment, furniture, stationery, materials for construction, or
personal property of any kind, including non-personal or contractual services such as the
repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial,
security, and related or analogous services, as well as procurement of materials and supplies
provided by the Procuring Entity for such services. The term “related” or “analogous
services” shall include, but is not limited to, lease or purchase of office space, media
advertisements, health maintenance services, and other services essential to the operation of
the Procuring Entity. (2016 revised IRR, Section 5[r])

GOP – Government of the Philippines.

Infrastructure Projects – Include the construction, improvement, rehabilitation, demolition,

repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology projects,
irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power and electrification facilities, national
buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])

LGUs – Local Government Units.

NFCC – Net Financial Contracting Capacity.

NGA – National Government Agency.

PCAB – Philippine Contractors Accreditation Board.

PhilGEPS - Philippine Government Electronic Procurement System.

Procurement Project – refers to a specific or identified procurement covering goods,

infrastructure project or consulting services. A Procurement Project shall be described,
detailed, and scheduled in the Project Procurement Management Plan prepared by the agency
which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB
Circular No. 06-2019 dated 17 July 2019)

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PSA – Philippine Statistics Authority.

SEC – Securities and Exchange Commission.

SLCC – Single Largest Completed Contract.

UN – United Nations.

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 Section I. Invitation to Bid

Notes on the Invitation to Bid

The Invitation to Bid (IB) provides information that enables potential Bidders to decide
whether to participate in the procurement at hand. The IB shall be posted in accordance
with Section 21.2 of the 2016 revised IRR of RA No. 9184.

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

a. The date of availability of the Bidding Documents, which shall be from the time the
IB is first advertised/posted until the deadline for the submission and receipt of
bids;

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

c. The deadline for the submission and receipt of bids; and

d. Any important bid evaluation criteria.

The IB should be incorporated into the Bidding Documents. The information contained in
the IB must conform to the Bidding Documents and in particular to the relevant
information in the Bid Data Sheet.

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 [Letterhead of the Procuring Entity]

Invitation to Bid for [Insert Procurement Project]

1. The [insert name of Procuring Entity], through the [insert source of funding and
year] intends to apply the sum of [insert the approved budget for the contract] being
the Approved Budget for the Contract (ABC) to payments under the contract for
[insert Procurement Project and Project Identification Number]. Bids received in
excess of the ABC shall be automatically rejected at bid opening.

Select this for lot-procurement:

The [insert name of Procuring Entity], through the [insert source of funding and
year] intends to apply the sum of [insert the approved budget for the contract
corresponding to each lot, and the name/identification/number of contract for each
lot] being the Approved Budget for the Contract (ABC) to payments under the
contract for each lot. Bids received in excess of the ABC for each lot shall be
automatically rejected at bid opening.

2. The [insert name of Procuring Entity] now invites bids for the above Procurement
Project. Completion of the Works is required [insert the required completion date or
expected contract duration]. Bidders should have completed a contract similar to the
Project. The description of an eligible bidder is contained in the Bidding Documents,
particularly, in Section II (Instructions to Bidders).

3. Bidding will be conducted through open competitive bidding procedures using non-
discretionary “pass/fail” criterion as specified in the 2016 revised Implementing Rules
and Regulations (IRR) of Republic Act (RA) No. 9184.

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

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

[insert date of availability of Bidding Documents] from given address and website/s
below {Insert if necessary: and upon payment of the applicable fee for the Bidding
Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of
[insert amount in Pesos].The Procuring Entity shall allow the bidder to present its
proof of payment for the fees [specify the manner if it will be presented in person, by
facsimile, or through electronic means.]}

6. The [insert name of the Procuring Entity] will hold a Pre-Bid Conference1 on [insert
time and date] at [insert address for Pre-Bid Conference, if applicable] {[insert if
applicable] and/or through videoconferencing/webcasting via [insert website,
application or technology to be used].}, which shall be open to prospective bidders.

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May be deleted in case the ABC is less than One Million Pesos (PhP1,000,000) where the Procuring Entity may not hold a
pre-bid conference.
 7. Bids must be duly received by the BAC Secretariat through {[specify the manner of
bid submission and receipt:] (i) manual submission at the office address as indicated
below, (ii) online or electronic submission as indicated below, or (iii) both} on or
before [insert time and date]. Late bids shall not be accepted.

8. All bids must be accompanied by a bid security in any of the acceptable forms and in
the amount stated in ITB Clause 16.

9. Bid opening shall be on [insert time and date] at the given address below {[if
applicable, insert] and/or through [insert website, application, or technology to be
used].} Bids will be opened in the presence of the bidders’ representatives who
choose to attend the activity.

10. [Insert such other necessary information deemed relevant by the Procuring Entity
such as the use of a back-up data or cloud storage for large files uploaded for online
bid submissions]

11. The [insert name of the Procuring Entity] reserves the right to reject any and all bids,
declare a failure of bidding, or not award the contract at any time prior to contract
award in accordance with Sections 35.6 and 41 of the 2016 revised Implementing
Rules and Regulations (IRR) of RA No. 9184, without thereby incurring any liability
to the affected bidder or bidders.

12. For further information, please refer to:

[Insert name of officer]

[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert official electronic mail address]
[Insert telephone number, indicate area code]
[Insert facsimile number]
[Insert website address, if applicable]

13. You may visit the following websites:

For downloading of Bidding Documents: [Indicate websites]

[If applicable] For online bid submission: [Indicate website]

[Date of Issue]

________________________________
[Insert Name and Signature of the BAC
Chairperson or Authorized Representative]
 Section II. Instructions to Bidders

Notes on the Instructions to Bidders

This Section on the Instruction to Bidders (ITB) provides the information necessary for
bidders to prepare responsive bids, in accordance with the requirements of the Procuring
Entity. It also provides information on bid submission, eligibility check, opening and
evaluation of bids, post-qualification, and on the award of contract.
1. Scope of Bid
The Procuring Entity, [indicate name] invites Bids for the [insert Procurement
Project], with Project Identification Number [indicate number].

[Note: The Project Identification Number is assigned by the Procuring Entity based
on its own coding scheme and is not the same as the PhilGEPS reference number,
which is generated after the posting of the bid opportunity on the PhilGEPS website.]

The Procurement Project (referred to herein as “Project”) is for the construction of

Works, as described in Section VI (Specifications).

2. Funding Information

2.1. The GOP through the source of funding as indicated below for [indicate
funding year] in the amount of [indicate amount].

2.2. The source of funding is:

[If an early procurement activity, select one and delete others:]

a. NGA, the National Expenditure Program.

b. GOCC and GFIs, the proposed Corporate Operating Budget.

c. LGUs, the proposed Local Expenditure Program.

[If not an early procurement activity, select one and delete others:]

a. NGA, the General Appropriations Act or Special Appropriations.

b. GOCC and GFIs, the Corporate Operating Budget.

c. LGUs, the Annual or Supplemental Budget, as approved by the

Sanggunian.

3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184
and its 2016 revised IRR, including its Generic Procurement Manual and associated
policies, rules and regulations as the primary source thereof, while the herein clauses
shall serve as the secondary source thereof.

Any amendments made to the IRR and other GPPB issuances shall be applicable only
to the ongoing posting, advertisement, or invitation to bid by the BAC through the
issuance of a supplemental or bid bulletin.

The Bidder, by the act of submitting its Bid, shall be deemed to have inspected the
site, determined the general characteristics of the contracted Works and the conditions
 for this Project, such as the location and the nature of the 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 and examine all
instructions, forms, terms, and project requirements in the Bidding Documents.

4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices

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. They
or through an agent shall not engage in corrupt, fraudulent, collusive, coercive, and
obstructive practices defined under Annex “I” of the 2016 revised IRR of RA No.
9184 or other integrity violations in competing for the Project.

5. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable
will be evaluated.

5.2. The Bidder must have an experience of having completed a Single Largest
Completed Contract (SLCC) that is similar to this Project, equivalent to at
least fifty percent (50%) of the ABC adjusted, if necessary, by the Bidder to
current prices using the PSA’s CPI, except under conditions provided for in
Section 23.4.2.4 of the 2016 revised IRR of RA No. 9184.

A contract is considered to be “similar” to the contract to be bid if it has the

major categories of work stated in the BDS.

5.3. For Foreign-funded Procurement, the Procuring Entity and the foreign
government/foreign or international financing institution may agree on another
track record requirement, as specified in the Bidding Document prepared for
this purpose.

5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.2 of
the 2016 IRR of RA No. 9184.

6. Origin of Associated Goods

There is no restriction on the origin of Goods other than those prohibited by a
decision of the UN Security Council taken under Chapter VII of the Charter of the
UN.

7. Subcontracts
7.1. The Bidder may subcontract portions of the Project to the extent allowed by
the Procuring Entity as stated herein, but in no case more than fifty percent
(50%) of the Project.
 The Procuring Entity has prescribed that:
[Select one, delete other/s]

a. Subcontracting is allowed. The portions of Project and the maximum

percentage allowed to be subcontracted are indicated in the BDS,
which shall not exceed fifty percent (50%) of the contracted Works.

b. Subcontracting is not allowed.

7.1. [If Procuring Entity has determined that subcontracting is allowed during the
bidding , state:] The Bidder must submit together with its Bid the
documentary requirements of the subcontractor(s) complying with the
eligibility criterial stated in ITB Clause 5 in accordance with Section 23.4 of
the 2016 revised IRR of RA No. 9184 pursuant to Section 23.1 thereof.

7.2. [If subcontracting is allowed during the contract implementation stage, state:]
The Supplier may identify its subcontractor during the contract
implementation stage. Subcontractors identified during the bidding may be
changed during the implementation of this Contract. Subcontractors must
submit the documentary requirements under Section 23.1 of the 2016 revised
IRR of RA No. 9184 and comply with the eligibility criteria specified in ITB
Clause 5 to the implementing or end-user unit.

7.3. Subcontracting of any portion of the Project does not relieve the Contractor of
any liability or obligation under the Contract. The Supplier 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. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time and either at its physical address {[insert if applicable] and/or through
videoconferencing/webcasting} as indicated in paragraph 6 of the IB.

9. Clarification and Amendment of Bidding Documents

Prospective bidders may request for clarification on and/or interpretation of any part
of the Bidding Documents. Such requests must be in writing and received by the
Procuring Entity, either at its given address or through electronic mail indicated in the
IB, at least ten (10) calendar days before the deadline set for the submission and
receipt of Bids.

10. Documents Comprising the Bid: Eligibility and Technical

Components
10.1. The first envelope shall contain the eligibility and technical documents of the
Bid as specified in Section IX. Checklist of Technical and Financial
Documents.
 10.2. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must
be accompanied by a translation in English, which 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. For Contracting Parties to the Apostille Convention, only the
translated documents shall be authenticated through an apostille pursuant to
GPPB Resolution No. 13-2019 dated 23 May 2019. The English translation
shall govern, for purposes of interpretation of the bid.

10.3. A valid PCAB License is required, and in case of joint ventures, a valid
special PCAB License, and registration for the type and cost of the contract for
this Project. Any additional type of Contractor license or permit shall be
indicated in the BDS.

10.4. A List of Contractor’s key personnel (e.g., Project Manager, Project

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

10.5. A List of Contractor’s major equipment units, which are owned, leased, and/or
under purchase agreements, supported by proof of ownership, certification of
availability of equipment from the equipment lessor/vendor for the duration of
the project, as the case may be, must meet the minimum requirements for the
contract set in the BDS.

11. Documents Comprising the Bid: Financial Component

11.1. The second bid envelope shall contain the financial documents for the Bid as
specified in Section IX. Checklist of Technical and Financial Documents.

11.2. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.

11.3. For Foreign-funded procurement, a ceiling may be applied to bid prices

provided the conditions are met under Section 31.2 of the 2016 revised IRR of
RA No. 9184.

12. Alternative Bids

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

13. Bid Prices

 All bid prices for the given scope of work in the Project as awarded shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as determined by
the NEDA and approved by the GPPB pursuant to the revised Guidelines for Contract
Price Escalation guidelines.

14. Bid and Payment Currencies

14.1. Bid prices may be quoted in the local currency or tradeable currency accepted
by the BSP at the discretion of the Bidder. However, for purposes of bid
evaluation, Bids denominated in foreign currencies shall be converted to
Philippine currency based on the exchange rate as published in the BSP
reference rate bulletin on the day of the bid opening.

14.2. Payment of the contract price shall be made in:

[Select one, delete other/s]

a. Philippine Pesos.

b. [indicate currency if procurement involves a foreign-denominated bid as

allowed by the Procuring Entity, which shall be tradeable or acceptable
by the BSP.]

15. Bid Security

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

15.2. The Bid and bid security shall be valid until [indicate date]. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.

16. Sealing and Marking of Bids

Each Bidder shall submit one copy of the first and second components of its Bid.

The Procuring Entity may request additional hard copies and/or electronic copies of
the Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.

If the Procuring Entity allows the submission of bids through online submission to the
given website or any other electronic means, the Bidder shall submit an electronic
copy of its Bid, which must be digitally signed. An electronic copy that cannot be
opened or is corrupted shall be considered non-responsive and, thus, automatically
disqualified.

17. Deadline for Submission of Bids

 The Bidders shall submit on the specified date and time and either at its physical
address or through online submission as indicated in paragraph 7 of the IB.

18. Opening and Preliminary Examination of Bids

18.1. The BAC shall open the Bids in public at the time, on the date, and at the
place specified in paragraph 9 of the IB. The Bidders’ representatives who are
present shall sign a register evidencing their attendance. In case
videoconferencing, webcasting or other similar technologies will be used,
attendance of participants shall likewise be recorded by the BAC Secretariat.

In case the Bids cannot be opened as scheduled due to justifiable reasons, the
rescheduling requirements under Section 29 of the 2016 revised IRR of RA
No. 9184 shall prevail.

18.2. The preliminary examination of Bids shall be governed by Section 30 of the

2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

19.1. The Procuring Entity’s BAC shall immediately conduct a detailed evaluation
of all Bids rated “passed” using non-discretionary pass/fail criteria. The BAC
shall consider the conditions in the evaluation of Bids under Section 32.2 of
2016 revised IRR of RA No. 9184.

19.2. If the Project allows partial bids, all Bids and combinations of Bids as
indicated in the BDS 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 Security as
required by ITB Clause 16 shall be submitted for each contract (lot)
separately.

19.3. In all cases, the NFCC computation pursuant to Section 23.4.2.6 of the 2016
revised IRR of RA No. 9184 must be sufficient for the total of the ABCs for
all the lots participated in by the prospective Bidder.

20. Post Qualification

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

21. Signing of the Contract

The documents required in Section 37.2 of the 2016 revised IRR of RA No. 9184
shall form part of the Contract. Additional Contract documents are indicated in the
BDS.
 Section III. Bid Data Sheet

Notes on the Bid Data Sheet (BDS)

The Bid Data Sheet (BDS) consists of provisions that supplement, amend, or specify in
detail, information, or requirements included in the ITB found in Section II, which are
specific to each procurement.

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

The Procuring Entity should specify in the BDS information and requirements specific to the
circumstances of the Procuring Entity, the processing of the procurement, and the bid
evaluation criteria that will apply to the Bids. In preparing the BDS, the following aspects
should be checked:

a. Information that specifies and complements provisions of the ITB must be

incorporated.

b. Amendments and/or supplements, if any, to provisions of the ITB as necessitated by

the circumstances of the specific procurement, must also be incorporated.

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 Bid Data Sheet
ITB Clause
5.2 For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:
[provide description/clarification of what are major categories of work].
7.1 [Specify the portions of Works and the maximum percentage allowed to be
subcontracted, which shall not be significant or material components of the
Project as determined by the Procuring Entity.]
10.3 [Specify if another Contractor license or permit is required. ]

10.4 The key personnel must meet the required minimum years of experience set
below:
Key Personnel General Experience Relevant Experience

10.5 The minimum major equipment requirements are the following:

Equipment Capacity Number of Units

12 [Insert Value Engineering clause if allowed.]

15.1 The bid security shall be in the form of a Bid Securing Declaration or any of
the following forms and amounts:
a. The amount of not less than __________ [Insert two percent (2%) of
ABC], if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit;

b. The amount of not less than __________ [Insert five percent (5%) of
ABC] if bid security is in Surety Bond.
19.2 Partial bids are allowed, as follows:
[Insert grouping of lots by specifying the items and the quantity for every
identified lot.]
20 [List licenses and permits relevant to the Project and the corresponding law
requiring it, e.g. Environmental Compliance Certificate, Certification that the
project site is not within a geohazard zone, etc.]
21 Additional contract documents relevant to the Project that may be required by
existing laws and/or the Procuring Entity, such as construction schedule and S-
curve, manpower schedule, construction methods, equipment utilization
schedule, construction safety and health program approved by the DOLE, and
other acceptable tools of project scheduling.

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 Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The General Conditions of Contract (GCC) in this Section, read in conjunction with the
Special Conditions of Contract in Section V and other documents listed therein, should be a
complete document expressing all the rights and obligations of the parties.

Matters governing performance of the Contractor, payments under the contract, or matters
affecting the risks, rights, and obligations of the parties under the contract are included in the
GCC and Special Conditions of Contract.

Any complementary information, which may be needed, shall be introduced only through the
Special Conditions of Contract.

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1. Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that
can be reasonably inferred as being required for its completion as if such items were
expressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute
the primary source for the terms and conditions of the Contract, and thus, applicable
in contract implementation. Herein clauses shall serve as the secondary source for
the terms and conditions of the Contract.

This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA
No. 9184 allowing the GPPB to amend the IRR, which shall be applied to all
procurement activities, the advertisement, posting, or invitation of which were issued
after the effectivity of the said amendment.

2. Sectional Completion of Works

If sectional completion is specified in the Special Conditions of Contract (SCC),
references in the Conditions of Contract to the Works, the Completion Date, and the
Intended Completion Date shall apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of the
Works).

3. Possession of Site
4.1. The Procuring Entity shall give possession of all or parts of the Site to the
Contractor based on the schedule of delivery indicated in the SCC, which
corresponds to the execution of the Works. If the Contractor suffers delay or
incurs cost from failure on the part of the Procuring Entity to give possession
in accordance with the terms of this clause, the Procuring Entity’s
Representative shall give the Contractor a Contract Time Extension and certify
such sum as fair to cover the cost incurred, which sum shall be paid by
Procuring Entity.

4.2. If possession of a portion is not given by the above date, the Procuring Entity
will be deemed to have delayed the start of the relevant activities. The
resulting adjustments in contract time to address such delay may be addressed
through contract extension provided under Annex “E” of the 2016 revised IRR
of RA No. 9184.

4. The Contractor’s Obligations

The Contractor shall employ the key personnel named in the Schedule of Key
Personnel indicating their designation, in accordance with ITB Clause 10.3 and
specified in the BDS, to carry out the supervision of the Works.

The Procuring Entity will approve any proposed replacement of key personnel only if
their relevant qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.
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5. Performance Security
5.1. Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both
parties, the successful Bidder shall furnish the performance security in any of
the forms prescribed in Section 39 of the 2016 revised IRR.

5.2. The Contractor, by entering into the Contract with the Procuring Entity,
acknowledges the right of the Procuring Entity to institute action pursuant to
RA No. 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.

6. 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.

7. Warranty
7.1. In case the Contractor fails to undertake the repair works under Section 62.2.2
of the 2016 revised IRR, 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.

7.2. The warranty against Structural Defects/Failures, except that occasioned-on

force majeure, shall cover the period from the date of issuance of the
Certificate of Final Acceptance by the Procuring Entity. Specific duration of
the warranty is found in the SCC.

8. 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.
If the Contractor is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.

9. Termination for Other Causes

Contract termination shall be initiated in case it is determined prima facie by the
Procuring Entity that the Contractor has engaged, before, or during the
implementation of the contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to corrupt, fraudulent,
collusive, coercive, and obstructive practices as stated in ITB Clause 4.

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10. Dayworks
Subject to the guidelines on Variation Order in Annex “E” of the 2016 revised IRR of
RA No. 9184, 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.

11. Program of Work

11.1. The Contractor shall submit to the Procuring Entity’s Representative for
approval the said Program of Work showing the general methods,
arrangements, order, and timing for all the activities in the Works. The
submissions of the Program of Work are indicated in the SCC.

11.2. 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.

12. Instructions, Inspections and Audits

The Contractor shall permit the GOP or the Procuring Entity to inspect the
Contractor’s accounts and records relating to the performance of the Contractor and to
have them audited by auditors of the GOP or the Procuring Entity, as may be
required.

13. Advance Payment

The Procuring Entity shall, upon a written request of the Contractor which shall be
submitted as a Contract document, make an advance payment to the Contractor in an
amount not exceeding fifteen percent (15%) of the total contract price, to be made in
lump sum, or at the most two installments according to a schedule specified in the
SCC, subject to the requirements in Annex “E” of the 2016 revised IRR of RA No.
9184.

14. Progress Payments

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

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15. Operating and Maintenance Manuals
15.1. If required, the Contractor will provide “as built” Drawings and/or operating
and maintenance manuals as specified in the SCC.

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

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 Section V. Special Conditions of Contract

Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity in
providing contract-specific information in relation to corresponding clauses in the GCC
found in Section IV.

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

a. Information that complements provisions of the GCC must be incorporated.

b. Amendments and/or supplements to provisions of the GCC as necessitated by the

circumstances of the specific purchase, must also be incorporated.

However, no special condition which defeats or negates the general intent and purpose of the
provisions of the GCC should be incorporated herein.

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 Special Conditions of Contract
GCC Clause
2 [If different dates are specified for completion of the Works by section,
i.e. “sectional completion,” these dates should be listed here.]
4.1 [Specify the schedule of delivery of the possession of the site to the
Contractor, whether full or in part.]
6 The site investigation reports are: [list here the required site
investigation reports.]
7.2 [Select one, delete the other.]

[In case of permanent structures, such as buildings of types 4 and 5 as

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

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

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

[In case of other structures, such as bailey and wooden bridges, shallow
wells, spring developments, and other similar structures:] Two (2) years.
10 [Select one, delete the other:]

a. Dayworks are applicable at the rate shown in the Contractor’s

original Bid.

b. No dayworks are applicable to the contract.

11.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within [insert number] days of delivery of the
Notice of Award.
11.2 The amount to be withheld for late submission of an updated Program of
Work is [insert amount].
13 The amount of the advance payment is [insert amount as percentage of
the contract price that shall not exceed 15% of the total contract price
and schedule of payment].
14 [If allowed by the Procuring Entity, state:] Materials and equipment
delivered on the site but not completely put in place shall be included
for payment.
15.1 The date by which operating and maintenance manuals are required is
[date].

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

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 Section VI. Specifications

Notes on Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond
realistically and competitively to the requirements of the Procuring Entity without
qualifying or conditioning their Bids. In the context of international competitive bidding,
the specifications must be drafted to permit the widest possible competition and, at the
same time, present a clear statement of the required standards of workmanship, materials,
and performance of the goods and services to be procured. Only if this is done will the
objectives of economy, efficiency, and fairness in procurement be realized, responsiveness
of Bids be ensured, and the subsequent task of bid evaluation facilitated. The
specifications should require that all goods and materials to be incorporated in the Works
be new, unused, of the most recent or current models, and incorporate all recent
improvements in design and materials unless provided otherwise in the Contract.

Samples of specifications from previous similar projects are useful in this respect. The use
of metric units is mandatory. Most specifications are normally written specially by the
Procuring Entity or its representative to suit the Works at hand. There is no standard set of
Specifications for universal application in all sectors in all regions, but there are
established principles and practices, which are reflected in these PBDs.

There are considerable advantages in standardizing General Specifications for repetitive

Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions
prevail. The General Specifications should cover all classes of workmanship, materials,
and equipment commonly involved in construction, although not necessarily to be used in
a particular Works Contract. Deletions or addenda should then adapt the General
Specifications to the particular Works.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for goods, materials, and workmanship, recognized international
standards should be used as much as possible. Where other particular standards are used,
whether national standards or other standards, the specifications should state that goods,
materials, and workmanship that meet other authoritative standards, and which ensure
substantially equal or higher quality than the standards mentioned, will also be acceptable.
The following clause may be inserted in the SCC.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Contract to specific standards and codes to be met by
the goods and materials to be furnished, and work performed or tested, the provisions of
the latest current edition or revision of the relevant standards and codes in effect shall
apply, unless otherwise expressly stated in the Contract. Where such standards and codes
are national, or relate to a particular country or region, other authoritative standards that
ensure a substantially equal or higher quality than the standards and codes specified will be

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accepted subject to the Procuring Entity’s Representative’s prior review and written
consent. Differences between the standards specified and the proposed alternative
standards shall be fully described in writing by the Contractor and submitted to the
Procuring Entity’s Representative at least twenty-eight (28) days prior to the date when the
Contractor desires the Procuring Entity’s Representative’s consent. In the event the
Procuring Entity’s Representative determines that such proposed deviations do not ensure
substantially equal or higher quality, the Contractor shall comply with the standards
specified in the documents.

These notes are intended only as information for the Procuring Entity or the person
drafting the Bidding Documents. They should not be included in the final Bidding
Documents.

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

Notes on the Bill of Quantities

Objectives

The objectives of the Bill of Quantities are:

a. to provide sufficient information on the quantities of Works to be performed to enable

Bids to be prepared efficiently and accurately; and

b. when a Contract has been entered into, to provide a priced Bill of Quantities for use in
the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in
sufficient detail to distinguish between the different classes of Works, or between Works of
the same nature carried out in different locations or in other circumstances which may give
rise to different considerations of cost. Consistent with these requirements, the layout and
content of the Bill of Quantities should be as simple and brief as possible.

Daywork Schedule

A Daywork Schedule should be included only if the probability of unforeseen work, outside
the items included in the Bill of Quantities, is high. To facilitate checking by the Entity of
the realism of rates quoted by the Bidders, the Daywork Schedule should normally comprise
the following:

a. A list of the various classes of labor, materials, and Constructional Plant for which
basic daywork rates or prices are to be inserted by the Bidder, together with a
statement of the conditions under which the Contractor will be paid for work executed
on a daywork basis.

b. Nominal quantities for each item of Daywork, to be priced by each Bidder at

Daywork rates as Bid. The rate to be entered by the Bidder against each basic
Daywork item should include the Contractor’s profit, overheads, supervision, and
other charges.

Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by including
a provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for
possible price increases should be provided as a provisional sum in the Summary Bill of
Quantities. The inclusion of such provisional sums often facilitates budgetary approval by
avoiding the need to request periodic supplementary approvals as the future need arises.
Where such provisional sums or contingency allowances are used, the SCC should state the
manner in which they will be used, and under whose authority (usually the Procuring Entity’s
Representative’s).

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The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by other contractors should be indicated in the relevant part of the Bill of Quantities as a
particular provisional sum with an appropriate brief description. A separate procurement
procedure is normally carried out by the Procuring Entity to select such specialized
contractors. To provide an element of competition among the Bidders in respect of any
facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional
sum should be followed by an item in the Bill of Quantities inviting the Bidder to quote a
sum for such amenities, facilities, attendance, etc.

Signature Box

A signature box shall be added at the bottom of each page of the Bill of Quantities where the
authorized representative of the Bidder shall affix his signature. Failure of the authorized
representative to sign each and every page of the Bill of Quantities shall be a cause for
rejection of his bid.

These Notes for Preparing a Bill of Quantities are intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They should not be included
in the final documents.

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Section IX. Checklist of Technical and Financial
Documents

Notes on the Checklist of Technical and Financial Documents

The prescribed documents in the checklist are mandatory to be submitted in the Bid, but
shall be subject to the following:

a. GPPB Resolution No. 09-2020 on the efficient procurement measures during a

State of Calamity or other similar issuances that shall allow the use of alternate
documents in lieu of the mandated requirements; or

b. any subsequent GPPB issuances adjusting the documentary requirements after the
effectivity of the adoption of the PBDs.

The BAC shall be checking the submitted documents of each Bidder against this checklist
to ascertain if they are all present, using a non-discretionary “pass/fail” criterion pursuant
to Section 30 of the 2016 revised IRR of RA No. 9184.

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 Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages);
or
⬜ (b) Registration certificate from Securities and Exchange Commission (SEC),
Department of Trade and Industry (DTI) for sole proprietorship, or
Cooperative Development Authority (CDA) for cooperatives or its
equivalent document;
and
⬜ (c) Mayor’s or Business 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;
and
⬜ (e) Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approved by
the Bureau of Internal Revenue (BIR).

Technical Documents
⬜ (f) Statement of the prospective bidder of all its ongoing government and
private contracts, including contracts awarded but not yet started, if any,
whether similar or not similar in nature and complexity to the contract to be
bid; and
⬜ (g) Statement of the bidder’s Single Largest Completed Contract (SLCC) similar
to the contract to be bid, except under conditions provided under the rules;
and
⬜ (h) Philippine Contractors Accreditation Board (PCAB) License;
or
Special PCAB License in case of Joint Ventures;
and registration for the type and cost of the contract to be bid; and
⬜ (i) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission;
or
Original copy of Notarized Bid Securing Declaration; and
(j) Project Requirements, which shall include the following:
⬜ a. Organizational chart for the contract to be bid;
⬜ b. List of contractor’s key personnel (e.g., Project Manager, Project
Engineers, Materials Engineers, and Foremen), to be assigned to the
contract to be bid, with their complete qualification and experience
data;
⬜ c. List of contractor’s major equipment units, which are owned, leased,
and/or under purchase agreements, supported by proof of ownership
or certification of availability of equipment from the equipment
lessor/vendor for the duration of the project, as the case may be; and
⬜ (k) Original duly signed Omnibus Sworn Statement (OSS);

35
 and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.

Financial Documents
⬜ (l) The prospective bidder’s audited financial statements, showing, among
others, the prospective bidder’s total and current assets and liabilities,
stamped “received” by the BIR or its duly accredited and authorized
institutions, for the preceding calendar year which should not be earlier than
two (2) years from the date of bid submission; and
⬜ (m) The prospective bidder’s computation of Net Financial Contracting Capacity
(NFCC).

Class “B” Documents

⬜ (n) If applicable, duly signed joint venture agreement (JVA) in accordance with
RA No. 4566 and its IRR in case the joint venture is already in existence;
or
duly notarized statements from all the potential joint venture partners stating
that they will enter into and abide by the provisions of the JVA in the
instance that the bid is successful.

II. FINANCIAL COMPONENT ENVELOPE

⬜ (o) Original of duly signed and accomplished Financial Bid Form; and

Other documentary requirements under RA No. 9184

⬜ (p) Original of duly signed Bid Prices in the Bill of Quantities; and
⬜ (q) Duly accomplished Detailed Estimates Form, including a summary sheet
indicating the unit prices of construction materials, labor rates, and equipment
rentals used in coming up with the Bid; and
⬜ (r) Cash Flow by Quarter.

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