PBD-for-DAEDS-Training-Center

PHILIPPINE BIDDING DOCUMENTS
Procurement of
CONSULTING
SERVICES
Government of the Republic of the Philippines
Fifth Edition
August 2016
Preface
These Philippine Bidding Documents (PBDs) for the procurement of Consulting Services
through Competitive Bidding have been prepared by the Government of the Philippines (GoP)
for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the
Government, including government-owned and/or -controlled corporations (GOCCs),
government financial institutions (GFIs), state universities and colleges (SUCs), local
government units (LGUs), and autonomous regional government. The procedures and practices
presented in this document have been developed through broad experience, and are for
mandatory use in projects that are financed in whole or in part by the GoP or the World Bank 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
9184 (R.A. 9184).
The Bidding Documents shall clearly and adequately define, among others: (a) the
objectives, scope, and expected outputs and/or results of the proposed contract; (b) the minimum
eligibility requirements of bidders, such as track record to be determined by the Head of the
Procuring Entity; (c) the expected contract duration, delivery schedule and/or time frame; and (d)
the obligations, duties, and/or functions of the winning bidder.
In order to simplify the preparation of the Bidding Documents for each procurement, the
PBDs groups the provisions that are intended to be used unchanged in Section II. Eligibility
Documents of Part I; and Section II. Instructions to Bidders (ITB) and Section IV. General
Conditions of Contract (GCC) of Part II. Data and provisions specific to each procurement and
contract should be included in Section III. Eligibility Data Sheet (EDS) of Part I, Section III. Bid
Data Sheet (BDS), and Section V. Special Conditions of Contract (SCC) of Part II. The forms to
be used are provided in the attachments.
Care should be taken to check the relevance of the provisions of the Bidding Documents
against the requirements of the specific Consulting Services to be procured. 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 Consulting Services. However, they should be adapted as
necessary to the circumstances of the particular Project.
(b) These PBDs are divided into Part I and Part II, which shall be both made available
from the time the Request for Expression of Interest is first advertised/posted until
the deadline for the submission and receipt of bids
(c) Specific details, such as the “name of the Procuring Entity” and “address for
proposal submission,” should be furnished in the EDS, BDS, and SCC. The final
documents should contain neither blank spaces nor options.
(d) This Preface and the footnotes or notes in italics included in the Request for
Expression of Interest, EDS, BDS, SCC, Terms of Reference, and Appendices are
not part of the text of the final document, although they contain instructions that
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the Procuring Entity should strictly follow. The Bidding Documents should
contain no footnotes except Section VII. Bidding Forms of Part II since these
provide important guidance to Bidders.
(e) The criteria for evaluation and the various methods of evaluation in the ITB
should be carefully reviewed. Only those that are selected to be used for the
procurement in question should be retained and expanded, as required in the BDS.
The criteria that are not applicable should be deleted from the BDS.
(f) 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.
(g) If modifications must be made to bidding procedures, they can be presented in the
BDS. Modifications for specific Project or Contract should be provided in the
SCC as amendments to the Conditions of Contract. For easy completion,
whenever reference has to be made to specific clauses in the EDS, BDS, or SCC
these terms shall be printed in bold type face on Section II. Eligibility Documents,
Section I. Instructions to Bidders, and Section III. General Conditions of Contract,
respectively.
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TABLE OF CONTENTS
PART I
SECTION I. REQUEST FOR EXPRESSION OF INTEREST .........................................5
SECTION II. ELIGIBILITY DOCUMENTS................................................................8
SECTION III. ELIGIBILITY DATA SHEET ........................................................... 15
PART II
SECTION I. NOTICE OF ELIGIBILITY AND SHORT LISTING............................... 18
SECTION II. INSTRUCTIONS TO BIDDERS .......................................................... 21
SECTION III. BID DATA SHEET ......................................................................... 51
SECTION IV. GENERAL CONDITIONS OF CONTRACT ....................................... 57
SECTION V. SPECIAL CONDITIONS OF CONTRACT ........................................... 84
SECTION VI. TERMS OF REFERENCE ................................................................ 88
SECTION VII. BIDDING FORMS ....................................................................... 104
SECTION VIII. APPENDICES ............................................................................ 131
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Section I. Request for Expression of
Interest
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REQUEST FOR EXPRESSION OF INTEREST
DETAILED ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE
PROPOSED THREE-STOREY NIA-MARIIS TRAINING CENTER BUILDING AT
CAUAYAN CITY, ISABELA
1. The National Irrigation Administration - Magat River Integrated Irrigation System Head Office
through the Corporate Operating Budget (COB) for CY 2022 intends to apply the sum of Three
Million Five Hundred Forty Eight Thousand Seven Hundred Twenty Five Pesos (PhP
3,548,725.00) being the Approved Budget for the Contract (ABC) to payments under the
contract for MARIIS-HO-CS-2022-01 (Detailed Architectural and Engineering Design
Services for the Proposed Three-Storey NIA-MARIIS Training Center Building at
Cauayan City, Isabela). Bids received in excess of the ABC shall be automatically rejected at
the opening of the financial proposals.
now calls for the submission of eligibility documents for the contract MARIIS-HO-CS-2022-
01 (Detailed Architectural and Engineering Design Services for the Proposed Three-
Storey NIA-MARIIS Training Center Building at Cauayan City, Isabela). Eligibility
documents of interested consultants must be duly received by the BAC Secretariat on or
before September 1, 2022 at 8:30 AM at 2nd floor NIA-MARIIS Bldg. Cauayan City,
Isabela. Applications for eligibility will be evaluated based on a non-discretionary
“pass/fail” criterion.
3. Interested bidders may obtain further information from National Irrigation Administration -
Magat River Integrated Irrigation System Head Office and inspect the Bidding Documents at
the address given below from 8:00 A.M. – 5:00 P.M. (Monday – Friday).
4. A complete set of Bidding Documents may be acquired by interested Bidders on August 24,
2022 from the address given below and upon payment of the applicable fee for the Bidding
Documents, in the amount of Five Thousand Pesos (PhP 5,000.00). It may also be
downloaded free of charge from the website of the Philippine Government Electronic
Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that
Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of
their bids.
5. The BAC shall draw up the short list of consultants from those who have submitted Expression
of Interest, including the eligibility documents, and have been determined as eligible in
accordance with the provisions of Republic Act 9184 (RA 9184), otherwise known as the
“Government Procurement Reform Act”, and its 2016 Implementing Rules and Regulations
(IRR). The short list shall consist of Three (3) prospective bidders who will be entitled to
submit bids. The criteria and rating system for short listing are:
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Evaluation Criteria Percent Minimum Score
Distribution
Applicable Experience 50% 40%
Qualification of Personnel 30% 24%
Current Workload Capacity 20% 16%
100% 80%
6. Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or

organizations with at least sixty percent (60%) interest or outstanding capital stock belonging
to citizens of the Philippines. The date of the Pre-bidding Conference shall be on September
8, 2022 at 9:00 AM which will be exclusive for shortlisted bidders and the Deadline of
Submission of Bids shall be on September 20, 2022, 8:30 AM at Conference Hall, 2nd
Floor, NIA MARIIS Bldg., Minante I, Cauayan City, Isabela.
7. The Procuring Entity shall evaluate bids using the Quality-Cost Based Evaluation (QCBE)
procedure wherein the technical and financial proposal shall be given corresponding weight
equivalent to 80% (technical) and 20% (financial).
8. The contract shall be completed within 90 calendar days.
reserves the right to reject any and all bids, declare a failure of bidding, or not award the
contract at any time prior to contract award in accordance with Section 41 of RA 9184 and its
IRR, without thereby incurring any liability to the affected bidder or bidders.
10. For further information, please refer to:
GRETHEN G. TUAZON
Head, BAC Secretariat NIA-MARIIS Head Office
Minante I, Cauayan City, Isabela 3305
Telefax. No. (078) 307-0288
Email address: [email protected].
websites: http://mariis.nia.gov.ph
August 24, 2022
(SGD) JAIME M. LARA

BAC Chairperson
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Section II. Eligibility Documents
Notes on the Eligibility Documents

This Section provides the information necessary for prospective bidders to prepare
responsive Eligibility Documents in accordance with the requirement of the Procuring
Entity.
The provisions contained in this Section are to be used unchanged. Additional information
or requirements specific to each procurement shall be specified in the EDS.
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1. Eligibility Criteria
1.1. The following persons/entities shall be allowed to participate in the bidding for
Consulting Services:
(a) Duly licensed Filipino citizens/sole proprietorships;
(b) Partnerships duly organized under the laws of the Philippines and of
which at least sixty percent (60%) of the interest belongs to citizens of the
Philippines;
(c) Corporations duly organized under the laws of the Philippines and of
which at least sixty percent (60%) of the outstanding capital stock belongs
to citizens of the Philippines;
(d) Cooperatives duly organized under the laws of the Philippines; or
(e) Persons/entities forming themselves into a joint venture, i.e., a group of

two (2) or more persons/entities that intend to be jointly and severally
responsible or liable for a particular contract: Provided, however, That
Filipino ownership or interest thereof shall be at least sixty percent (60%).
For this purpose, Filipino ownership or interest shall be based on the
contributions of each of the members of the joint venture as specified in
their JVA.
1.2. When the types and fields of Consulting Services involve the practice of
professions regulated by law, those who will actually perform the services shall
be Filipino citizens and registered professionals authorized by the appropriate
regulatory body to practice those professions and allied professions specified in
the EDS.
1.3. If the Request for Expression of Interest allows participation of foreign

consultants, prospective foreign bidders may be eligible subject to the conditions
stated in the EDS.
1.4. Government owned or –controlled corporations (GOCCs) may be eligible to

participate only if they can establish that they (a) are legally and financially
autonomous, (b) operate under commercial law, and (c) are not attached agencies
of the Procuring Entity.
2. Eligibility Requirements
2.1. The following eligibility requirements, together with the Eligibility Documents
Submission Form, shall be submitted on or before the date of the eligibility check
specified in the Request for Expression of Interest and Clause 5 for purposes of
determining eligibility of prospective bidders:
(a) Class “A” Documents –
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Legal Documents
(i) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR, except for foreign
bidders participating in the procurement by a Philippine Foreign
Service Office or Post, which shall submit their eligibility
documents under Section 24.1 of the IRR, provided, that the
winning Consultant shall register with PhilGEPS in accordance
with Section 37.1.4 of the IRR;
Technical Documents
(ii) Statement of the prospective bidder of all its ongoing and

completed 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, within the
relevant period provided in the EDS. The statement shall include,
for each contract, the following:
(ii.1) the name and location of the contract;
(ii.2) date of award of the contract;
(ii.3) type and brief description of consulting services;
(ii.4) consultant’s role (whether main consultant, subconsultant,

or partner in a JV)
(ii.5) amount of contract;
(ii.6) contract duration; and
(ii.7) certificate of satisfactory completion or equivalent

document specified in the EDS issued by the client, in the
case of a completed contract;
(iii) Statement of the consultant specifying its nationality and

confirming that those who will actually perform the service are
registered professionals authorized by the appropriate regulatory
body to practice those professions and allied professions in
accordance with Clause 1.2, including their respective curriculum
vitae.
(b) Class “B” Document –
If applicable, the Joint Venture Agreement (JVA) in case the joint venture
is already in existence, or duly notarized statements from all the potential
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joint venture partners in accordance with Section 24.1(b) of the IRR of RA
9184.
2.2. The eligibility requirements or statements, the bids, and all other documents to be
submitted to the BAC must be in English. If the eligibility requirements or
statements, the bids, and all other documents submitted to the BAC are in foreign
language other than English, it must be accompanied by a translation of the
documents in English. The documents shall be translated by the relevant foreign
government agency, the foreign government agency authorized to translate
documents, or a registered translator in the foreign bidder’s country; and shall be
authenticated by the appropriate Philippine foreign service establishment/post or
the equivalent office having jurisdiction over the foreign bidder’s affairs in the
Philippines. The English translation shall govern, for purposes of interpretation of
the bid.
2.3. Prospective bidders may obtain a full range of expertise by associating with
individual consultant(s) and/or other consultants or entities through a JV or
subcontracting arrangements, as appropriate. However, subconsultants may only
participate in the bid of one short listed consultant. Foreign Consultants shall
seek the participation of Filipino Consultants by entering into a JV with, or
subcontracting part of the project to, Filipino Consultants.
3. Format and Signing of Eligibility Documents

3.1. Prospective bidders shall submit their eligibility documents through their duly
authorized representative on or before the deadline specified in Clause 5.
3.2. Prospective bidders shall prepare an original and copies of the eligibility
documents. In the event of any discrepancy between the original and the copies,
the original shall prevail.
3.3. The Eligibility Documents Submission Form 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 eligibility documents.
3.4. Any interlineations, erasures, or overwriting shall be valid only if they are signed
or initialed by the duly authorized representative/s of the prospective bidder.
4. Sealing and Marking of Eligibility Documents

4.1. Prospective bidders shall enclose their original eligibility documents described in
Clause 2.1, in a sealed envelope marked “ORIGINAL – ELIGIBILITY
DOCUMENTS”. Each copy thereof shall be similarly sealed duly marking the
envelopes as “COPY NO. ___ - ELIGIBILITY DOCUMENTS”. These
envelopes containing the original and the copies shall then be enclosed in one
single envelope.
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4.2. The original and the number of copies of the eligibility documents as indicated in
the EDS shall be typed or written in ink and shall be signed by the prospective
bidder or its duly authorized representative/s.
4.3. All envelopes shall:
(c) contain the name of the contract to be bid in capital letters;
(d) bear the name and address of the prospective bidder in capital letters;
(e) be addressed to the Procuring Entity’s BAC specified in the EDS;
(f) bear the specific identification of this Project indicated in the EDS; and
(g) bear a warning “DO NOT OPEN BEFORE…” the date and time for the
opening of eligibility documents, in accordance with Clause 5.
4.4 Eligibility documents that are not properly sealed and marked, as required in the
bidding documents, shall not be rejected, but the bidder or its duly authorized
representative shall acknowledge such condition of the documents as submitted.
The BAC shall assume no responsibility for the misplacement of the contents of
the improperly sealed or marked eligibility documents, or for its premature
opening.
5. Deadline for Submission of Eligibility Documents

Eligibility documents must be received by the Procuring Entity’s BAC at the address and
on or before the date and time indicated in the Request for Expression of Interest and the
EDS.
6. Late Submission of Eligibility Documents

Any eligibility documents submitted after the deadline for submission and receipt
prescribed in Clause 0 shall be declared “Late” and shall not be accepted by the
Procuring Entity. The BAC shall record in the minutes of submission and opening of
eligibility documents, the Bidder’s name, its representative and the time the eligibility
documents were submitted late.
7. Modification and Withdrawal of Eligibility Documents

7.1. The prospective bidder may modify its eligibility documents after it has been
submitted; provided that the modification is received by the Procuring Entity prior
to the deadline specified in Clause 5. The prospective bidder shall not be allowed
to retrieve its original eligibility documents, but shall be allowed to submit
another set equally sealed, properly identified, linked to its original bid marked as
“ELIGIBILITY MODIFICATION” and stamped “received” by the BAC.
Modifications received after the applicable deadline shall not be considered and
shall be returned to the prospective bidder unopened.
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7.2. A prospective bidder may, through a letter of withdrawal, withdraw its eligibility
documents after it has been submitted, for valid and justifiable reason; provided
that the letter of withdrawal is received by the Procuring Entity prior to the
deadline prescribed for submission and receipt of eligibility documents.
7.3. Eligibility documents requested to be withdrawn in accordance with this Clause

shall be returned unopened to the prospective bidder concerned. A prospective
bidder that withdraws its eligibility documents shall not be permitted to submit
another set, directly or indirectly, for the same project. A prospective bidder that
acquired the eligibility documents may also express its intention not to participate
in the bidding through a letter which should reach and be stamped by the BAC
before the deadline for submission and receipt of eligibility documents.
8. Opening and Preliminary Examination of Eligibility Documents

8.1. The BAC will open the envelopes containing the eligibility documents in the
presence of the prospective bidders’ representatives who choose to attend, at the
time, on the date, and at the place specified in the EDS. The prospective bidders’
representatives who are present shall sign a register evidencing their attendance.
In case the submitted eligibility envelopes cannot be opened as scheduled due to

justifiable reasons, the BAC shall take custody of the said envelopes and
reschedule the opening on the next working day or at the soonest possible time
through the issuance of a Notice of Postponement to be posted in the PhilGEPS
website and the website of the Procuring Entity concerned.
8.2. Letters of withdrawal shall be read out and recorded during the opening of
eligibility documents and the envelope containing the corresponding withdrawn
eligibility documents shall be returned unopened to the withdrawing prospective
bidder.
8.3. The eligibility documents envelopes and modifications, if any, shall be opened
one at a time, and the following read out and recorded:
(h) the name of the prospective bidder;
(i) whether there is a modification or substitution; and
(j) the presence or absence of each document comprising the eligibility

documents vis-à-vis a checklist of the required documents.
8.4. The eligibility of each prospective bidder shall be determined by examining each
bidder’s eligibility requirements or statements against a checklist of requirements,
using non-discretionary “pass/fail” criterion, as stated in the Request for
Expression of Interest, and shall be determined as either “eligible” or “ineligible.”
If a prospective bidder submits the specific eligibility document required, he shall
be rated “passed” for that particular requirement. In this regard, failure to submit a
requirement, or an incomplete or patently insufficient submission, shall be
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considered “failed” for the particular eligibility requirement concerned. If a
prospective bidder is rated “passed” for all the eligibility requirements, he shall be
considered eligible to participate in the bidding, and the BAC shall mark the set of
eligibility documents of the prospective bidder concerned as “eligible.” If a
prospective bidder is rated “failed” in any of the eligibility requirements, he shall
be considered ineligible to participate in the bidding, and the BAC shall mark the
set of eligibility documents of the prospective bidder concerned as “ineligible.” In
either case, the BAC chairperson or his duly designated authority shall
countersign the markings.
9. Short Listing of Consultants

9.1. Only prospective bidders whose submitted contracts are similar in nature and
complexity to the contract to be bid as provided in the EDS shall be considered
for short listing.
9.2. The BAC shall draw up the short list of prospective bidders from those declared
eligible using the detailed set of criteria and rating system to be used specified in
the EDS.
9.3. Short listed consultants shall be invited to participate in the bidding for this
project through a Notice of Eligibility and Short Listing issued by the BAC.
10. Protest Mechanism

Decision of the Procuring Entity at any stage of the procurement process may be
questioned in accordance with Section 55 of the IRR of RA 9184.
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Section III. Eligibility Data Sheet
Notes on the Eligibility Data Sheet

This Section is intended to assist the Procuring Entity in providing the specific information
and requirements in relation to corresponding clauses in the Eligibility Documents, and has
to be prepared for each specific procurement.
The Procuring Entity should specify in this Section the information and requirements
specific to the circumstances of the Procuring Entity, the processing of the eligibility, and
the rules that will apply in the determination and evaluation of eligibility.
In preparing this Section, the following aspects should be checked:
(a) Information that specifies and complements provisions of the Eligibility

Documents must be incorporated.
(b) Amendments and/or supplements, if any, to provisions of the Eligibility

Documents as necessitated by the circumstances of the specific procurement,
must also be incorporated.
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Eligibility Data Sheet
Eligibility
Documents
1.2 Detailed Architectural and Engineering Design Services for the Proposed Three-
Storey NIA-MARIIS Training Center Building at Cauayan City, Isabela
1.3 No further instructions.
2.1(a)(ii) The statement of all ongoing and completed government and private contracts
shall include all such contracts within ten (10) years prior to the deadline for the
submission and receipt of eligibility documents.
2.1(a)(ii.7) Submit copy of Certificate of Completion and Acceptance as proof of satisfactory

completion of similar or related contracts.
4.1 Each prospective bidder shall submit one (1) original and Two (2) duplicate copies
of its eligibility documents.
4.3 (e) NIA-MARIIS Head Office, Bids and Awards Committee (BAC)
Telefax. No. (078) 307-0288
4.3 (f) Detailed Architectural and Engineering Design Services for the Proposed Three-
Storey NIA-MARIIS Training Center Building at Cauayan City, Isabela
(Contract No. NIA-MARIIS-HO-CS-2022-01)
5 The address for submission of eligibility documents is:
Conference Hall, 2nd floor, NIA-MARIIS Bldg., Minante 1, Cauayan City,

Isabela.
The deadline for submission of eligibility documents is September 1, 2022, at

8:30 AM.
8 The place of opening of eligibility documents is at Conference Room, 2nd floor,

NIA-MARIIS Bldg., Minante 1, Cauayan City, Isabela. The date and time of
opening of eligibility documents is September 1, 2022, at 9:00 AM.
9.1 Similar contracts shall refer to Detailed Architectural and Engineering Design
Service for any similar projects belonging to Group C-Division C-1 of Section
701 of the IRR of PD 1096.
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9.2 The criteria shall consider the applicable individual experiences of the principal
and key staff in case of new firms.:
Evaluation Criteria Percent

Distribution
Applicable Experience 50%
Qualification of Personnel 30%
Current Workload Capacity 20%
100%
Selection will be based on Quality-Cost Based Evaluation (QCBE) procedure.

Bids whose technical proposals pass the minimum technical requirement of 80 %
shall have its financial proposals opened and evaluated. The technical proposal
shall carry 80% weight in the evaluation. The criteria and rating system for the
evaluation of bids shall be provided in the Terms of Reference (TOR)
Overall Average Passing Score must be at least 80
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Section I. Notice of Eligibility and Short
Listing
[Insert Date]
[Name and Address of Short Listed Consultant]
Dear [Addressee]:
1. The National Irrigation Administration - Magat River Integrated Irrigation System Head
Office (hereinafter called “Procuring Entity” has received financing (hereinafter called
“funds”) from Corporate Operating Budget (COB) for CY 2022 (hereinafter called the
“Funding Source”) toward the cost of Detailed Architectural and Engineering Design
Services for the Proposed Three-Storey NIA-MARIIS Training Center Building at
Cauayan City, Isabela. The Procuring Entity intends to apply a portion of the funds in the
amount of Three Million Five Hundred Forty-Eight Thousand Seven Hundred Twenty-Five
Pesos (PhP 3,548,725.00) to eligible payments under the contract for MARIIS-HO-CS-
2022-01 for which the Bidding Documents is issued.
2. The Procuring Entity now invites bids to provide the following Consulting Services:
[insert short description of objectives and scope of the project]. More details on the
services are provided in the Terms of Reference (TOR) for the project.
3. The Consultant shall be selected and employed in accordance with QCBE/QCBS

procedures as described in the Bidding Documents.
4. This notice has been addressed to the following short-listed consultants:
[Insert list of short-listed consultants]
5. It is not permissible for you to transfer this invitation to any other consultant.
6. The Bidding Documents may be acquired at 2nd floor NIA-MARIIS Bldg. Cauayan City,
Isabela from 8:00 A.M. – 5:00 P.M. (Monday – Friday) {Insert if necessary: upon
payment of an applicable fee for the Bidding Documents, pursuant to the latest Guidelines
issued by the GPPB, in the amount of [insert amount in Pesos].}
7. The National Irrigation Administration - Magat River Integrated Irrigation System Head
Office will hold a Pre-Bid Conference on September 8,2022, 9:00 AM at Conference Hall,
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2nd Floor, NIA MARIIS Bldg., Minante I, Cauayan City, Isabela, which shall be open to all
short listed consultants. 1
Yours sincerely,
_________________________________
[Insert signature, name, and title of the
Procuring Entity’s Representative]
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Bidding Documents
Republic of the Philippines
(MARIIS-HO-CS-2022-01)
DETAILED ARCHITECTURAL AND

ENGINEERING DESIGN SERVICES
FOR THE PROPOSED THREE-
STOREY NIA-MARIIS TRAINING
CENTER BUILDING AT CAUAYAN
CITY, ISABELA.
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Section II. Instructions to Bidders
TABLE OF CONTENTS
A. GENERAL .................................................................................................. 23
1. Introduction .......................................................................................................... 23
2. Conflict of Interest ............................................................................................... 23
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ................. 25
4. Consultant’s Responsibilities ............................................................................... 27
5. Origin of Associated Goods ................................................................................. 29
6. Subcontracts ......................................................................................................... 29
B. CONTENTS OF BIDDING DOCUMENTS ...................................................... 29
7. Pre-Bid Conference .............................................................................................. 30
8. Clarifications and Amendments to Bidding Documents ..................................... 30
C. PREPARATION OF BIDS ............................................................................. 31
9. Language of Bids ................................................................................................. 31
10. Documents Comprising the Bid: Technical Proposal ......................................... 31
11. Documents Comprising the Bid: Financial Proposal .......................................... 34
12. Alternative Bids .................................................................................................. 35
13. Bid Currencies .................................................................................................... 35
14. Bid Validity......................................................................................................... 35
15. Bid Security ........................................................................................................ 35
16. Format and Signing of Bids ................................................................................ 38
17. Sealing and Marking of Bids .............................................................................. 39
D. SUBMISSION OF BIDS ................................................................................ 39
18. Deadline for Submission of Bids ........................................................................ 40
19. Late Bids ............................................................................................................. 40
20. Modification and Withdrawal of Bids ................................................................ 40
E. EVALUATION AND COMPARISON OF BIDS................................................ 40
21. Process to be Confidential .................................................................................. 41
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22. Clarification of Bids ............................................................................................ 42
23. Bid Evaluation .................................................................................................... 42
24. Opening and Evaluation of Technical Proposals ................................................ 42
25. Opening and Evaluation of Financial Proposals ................................................. 43
26. Negotiations ........................................................................................................ 44
27. Post Qualification................................................................................................ 45
28. Reservation Clause.............................................................................................. 46
F. AWARD OF CONTRACT ............................................................................. 47
29. Contract Award ................................................................................................... 47
30. Signing of the Contract ....................................................................................... 48
31. Performance Security .......................................................................................... 49
32. Notice to Proceed ................................................................................................ 50
33. Protest Mechanism…………………………………………………………... 53
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A. General
1. Introduction
1.1. The Procuring Entity named in the Bid Data Sheet (BDS) shall select an
individual, sole proprietorship, cooperative, partnership, corporation, or a joint
venture (JV) (hereinafter referred to as “Consultant”) from among those short
listed, in accordance with the evaluation procedure specified in the BDS.
1.2. The Procuring Entity has received financing (hereinafter called “funds”) from the
source indicated in the BDS (hereinafter called the “Funding Source”) toward the
cost of the Project named in the BDS. The Procuring Entity intends to apply a
portion or the whole of the funds to payments for this Project.
1.3. Consultants are invited to submit bids composed of a technical proposal and a
financial proposal for Consulting Services required for this Project described in
the BDS. Bids shall be the basis for contract negotiations and ultimately for a
signed contract with the selected Consultant.
1.4. If the BDS indicates that the Project will be completed in phases, each phase must
be completed to the Procuring Entity’s satisfaction prior to the commencement of
the next phase.
1.5. Consultants must familiarize themselves with local conditions and take them into
account in preparing their bids. To obtain firsthand information on the project
and on the local conditions, Consultants are encouraged to visit the Procuring
Entity before submitting a bid and to attend the pre-bid conference specified in
ITB Clause 7.
1.6. The Consultants’ costs of preparing their bids and negotiating the contract,
including a visit to the Procuring Entity, are not reimbursable as a direct cost of
the project.
1.7. Consultants shall not be under a declaration of ineligibility for corrupt, fraudulent,
collusive, coercive or obstructive practices issued by the Funding Source or the
Procuring Entity in accordance with ITB Clause 3.1.
2. Conflict of Interest
2.1. The Funding Source’s policy requires that Consultants provide professional,
objective, and impartial advice and at all times hold the Procuring Entity’s
interests paramount, without any consideration for future work, and strictly avoid
situations where a conflict of interest shall arise with their other projects or their
own interests. Consultants shall not be hired for any project that would be in
conflict with their prior or current obligations to other entities, or that may place
them in a position of not being able to carry out the Project in the best interest of
23
the Procuring Entity. Without limitation on the generality of this rule, Consultants
shall not be hired under the circumstances set forth below:
(k) If a Consultant combines the function of consulting with those of

contracting and/or supply of equipment for the same Project;
(l) If a Consultant is associated with, affiliated to, or owned by a contractor or

a manufacturing firm with departments or design offices offering services
as consultants unless such Consultant includes relevant information on
such relationships along with a statement in the Technical Proposal cover
letter to the effect that the Consultant shall limit its role to that of a
consultant and disqualify itself and its associates from work in any other
capacity that may emerge from the Project (including bidding for any part
of the future project). The contract with the Consultant selected to
undertake the Project shall contain an appropriate provision to such effect;
or
(m) If there is a conflict among consulting projects, the Consultant (including

its personnel and subconsultants) and any subsidiaries or entities
controlled by such Consultant shall not be recruited for the relevant
project. The duties of the Consultant depend on the circumstances of each
case. While continuity of consulting services may be appropriate in
particular situations where no conflict exists, a Consultant cannot be
recruited to carry out a project that, by its nature, shall result in conflict
with a prior or current project of such Consultant. Examples of the
situations mentioned are when a Consultant engaged to prepare
engineering design for an infrastructure project shall not be recruited to
prepare an independent environmental assessment for the same project;
similarly, a Consultant assisting a Procuring Entity in privatization of
public assets shall not purchase, nor advise purchasers, of such assets; or a
Consultant hired to prepare Terms of Reference (TOR) for a project shall
not be recruited for the project in question.
2.2. Consultants shall not be related to the Head of the Procuring Entity (HoPE),
members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or
the end-user unit, and the project consultants, by consanguinity or affinity up to
the third civil degree. The prohibition shall apply as follows:
(a) If the Consultant is an individual or sole proprietorship, then to himself;
(b) If the Consultant is a partnership, then to all its officers and members;
(c) If the Consultant is a corporation, then to all its officers, directors and
controlling stockholders;
(d) If the Consultant is a cooperative, to all its officers, directors, and

controlling shareholders or members; or
24
(e) If the Consultant is a JV, the provisions of items (a), (b), (c), or (d) of this
Section shall correspondingly apply to each of the members of the said
joint venture, as may be appropriate.
Relationship of the nature described above or a failure to comply with the

provisions of this clause will result in the rejection of the Consultant’s bid.
2.3. Subject to the provisions of ITB Clause 2, any previous or ongoing participation
by the Consultant, its professional staff, or its affiliates or associates under a
contract with the Funding Source or the Procuring Entity in relation to this Project
may result in the rejection of its bid. Consultants should clarify their situation in
that respect with the Procuring Entity before preparing its bid.
2.4. Failure by a Consultant to fully disclose potential conflict of interest at the time of
Bid submission, or at a later date in the event that the potential conflict arises after
such date, shall result in the Procuring Entity and/or the Funding Source seeking
the imposition of the maximum administrative, civil and criminal penalties up to
and including imprisonment.
2.5. Consultants are discouraged to include officials and employees of the

Government of the Philippines (GoP) as part of its personnel. Participation of
officials and employees of the GoP in the Project shall be subject to existing rules
and regulations of the Civil Service Commission.
2.6. Fairness and transparency in the selection process require that Consultants do not
derive unfair competitive advantage from having provided consulting services
related to the Project in question. To this end, the Procuring Entity shall make
available to all the short listed consultants together with the Bidding Documents
all information that would in that respect give each Consultant a competitive
advantage.
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices

3.1. The Procuring Entity as well as the Consultants 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 GoP, into any
25
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.
(iv) “coercive practices” means harming or threatening to harm,

directly or indirectly, persons, or their property to influence their
participation in a procurement process, or affect the execution of a
contract;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of

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

inspection and audit rights of the Procuring Entity or any
foreign government/foreign or international financing
institution herein.
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in any of the practices mentioned in
this Clause for purposes of competing for the contract.
3.2. Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under applicable laws on
26
individuals and organizations deemed to be involved in any of the practices
mentioned in ITB Clause 3.1(a).
3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to
inspect and audit records and accounts of a Consultant in the bidding for and
performance of a contract themselves or through independent auditors as reflected
in the GCC Clause 51.
4. Consultant’s Responsibilities
4.1. The Consultant or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section VII. Bidding Forms as required in
ITB Clause 10.2(d).
4.2. The Consultant is responsible for the following:
(a) Having taken steps to carefully examine all of the Bidding Documents;
(b) Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract;
(c) Having made an estimate of the facilities available and needed for this
Project, if any;
(d) Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 8.4.
(e) Ensuring that it is not “blacklisted” or barred from bidding by the GoP or
any of its agencies, offices, corporations, or LGUs, including foreign
government/foreign or international financing institution whose
blacklisting rules have been recognized by the GPPB;
(f) Ensuring that each of the documents submitted in satisfaction of the

bidding requirements is an authentic copy of the original, complete, and
all statements and information provided therein are true and correct;
(g) Authorizing the 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 the bid, and to sign and
execute the ensuing contract, accompanied by the duly notarized Special
Power of Attorney, Board/Partnership Resolution, or Secretary’s
Certificate, whichever is applicable;
(i) Complying with the disclosure provision under Section 47 of RA 9184

and its IRR in relation to other provisions of Republic Act 3019;
27
(j) Complying with existing labor laws and standards, in the case of
procurement of services. Moreover, bidder undertakes to:
(i) Ensure the entitlement of workers to wages, hours of work, safety

and health and other prevailing conditions of work as established
by national laws, rules and regulations; or collective bargaining
agreement; or arbitration award, if and when applicable.
In case there is a finding by the Procuring Entity or the DOLE of

underpayment or non-payment of workers’ wage and wage-related
benefits, bidder agrees that the performance security or portion of
the contract amount shall be withheld in favor of the complaining
workers pursuant to appropriate provisions of Republic Act No.
9184 without prejudice to the institution of appropriate actions
under the Labor Code, as amended, and other social legislations.
(ii) Comply with occupational safety and health standards and to

correct deficiencies, if any.
In case of imminent danger, injury or death of the worker, bidder

undertakes to suspend contract implementation pending clearance
to proceed from the DOLE Regional Office and to comply with
Work Stoppage Order; and
(iii) Inform the workers of their conditions of work, labor clauses under
the contract specifying wages, hours of work and other benefits
under prevailing national laws, rules and regulations; or collective
bargaining agreement; or arbitration award, if and when applicable,
through posting in two (2) conspicuous places in the
establishment’s premises; and
(k) Ensuring that it did not give or pay, directly or indirectly, any commission,
amount, fee, or any form of compensation, 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
Consultant concerned.
4.3. 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.
28
4.4. The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the Consultant 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.
4.5. Before submitting their bids, the Consultants are deemed to have become familiar
with all existing laws, decrees, ordinances, acts and regulations of the GoP which
may affect the contract in any way.
4.6. The Consultant 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.
4.7. Consultants should note that the Procuring Entity will only accept bids from those
that have paid the applicable fee for the Bidding Documents at the office
indicated in the Request for Expression of Interest.
5. Origin of Associated Goods

Unless otherwise indicated in the BDS, there is no restriction on the origin of Goods
other than those prohibited by a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations.
6. Subcontracts
6.1. Unless otherwise specified in the BDS, the Consultant may subcontract portions
of the Consulting Services 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 Consultant from any liability or obligation that may arise from the
contract for this Project.
6.2. Subconsultant must comply with the eligibility criteria and the documentary
requirements specified in the BDS. In the event that any subconsultant is found by
the Procuring Entity to be ineligible, the subcontracting of such portion of the
Consulting Services shall be disallowed.
6.3. The Consultant may identify the subconsultant to whom a portion of the
Consulting Services will be subcontracted at any stage of the bidding process or
during contract implementation. If the Consultant opts to disclose the name of
the subconsultant during bid submission, the Consultant shall include the required
documents as part of the technical component of its bid. A subconsultant that is
identified by the Consultant during contract implementation must comply with the
eligibility criteria and documentary requirements and secure approval of the
Procuring Entity.
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B. Contents of Bidding Documents
7. Pre-Bid Conference
7.1. If so specified in the BDS, a pre-bid conference shall be held at the venue and on
the date indicated therein, to clarify and address the Consultants’ questions on the
technical and financial components of this Project.
7.2. The pre-bid conference shall be held at least twelve (12) calendar days before the
deadline for the submission and receipt of bids, but not earlier than seven (7)
calendar days from the determination of the shortlisted consultants. If the
Procuring Entity determines that, by reason of the method, nature, or complexity
of the contract to be bid, or when international participation will be more
advantageous to the GoP, a longer period for the preparation of bids is necessary,
the pre-bid conference shall be held at least thirty (30) calendar days before the
deadline for the submission and receipt of bids.
7.3. Consultants are encouraged to attend the pre-bid conference to ensure that they
fully understand the Procuring Entity’s requirements. Non-attendance of the
Consultant will in no way prejudice its bid; however, the Consultant is expected
to know the changes and/or amendments to the Bidding Documents as recorded in
the minutes of the pre-bid conference and the Supplemental/Bid Bulleting. The
minutes of the pre-bid conference shall be recorded and prepared not later than
five (5) calendar days after the pre-bid conference. The minutes shall be made
available to prospective bidders not later than five (5) days upon written request.
7.4. Decisions of the BAC amending any provision of the bidding documents shall be
issued in writing through a Supplemental/Bid Bulletin at least seven (7) calendar
days before the deadline for the submission and receipt of bids.
8. Clarifications and Amendments to Bidding Documents

8.1. Shortlisted consultants may request for clarification(s) on and/or an interpretation
of any part of the Bidding Documents. Such a request must be in writing and
submitted to the Procuring Entity at the address indicated in the BDS at least ten
(10) calendar days before the deadline set for the submission and receipt of bids.
8.2. The BAC shall respond to the said request by issuing a Supplemental/Bid Bulletin
to be made available to all those who have properly secured the Bidding
Documents at least seven (7) calendar days before the deadline for the submission
and receipt of Bids.
8.3. Supplemental/Bid Bulletins may also be issued upon the Procuring Entity’s
initiative for purposes of clarifying or modifying any provision of the Bidding
Documents not later than seven (7) calendar days before the deadline for the
submission and receipt of bids. Any modification to the Bidding Documents shall
be identified as an amendment.
30
8.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the
PhilGEPS and the website of the Procuring Entity concerned, if available and at
any conspicuous place in the premises of the Procuring Entity concerned. It shall
be the responsibility of all Consultants who have properly secured the Bidding
Documents to inquire and secure Supplemental/Bid Bulletins that may be issued
by the BAC. However, Consultants who have submitted bids before the issuance
of the Supplemental/Bid Bulletin must be informed and allowed to modify or
withdraw their bids in accordance with ITB Clause 20.
C. Preparation of Bids
9. Language of Bids
The eligibility requirements or statements, the bids, and all other documents to be
submitted to the BAC must be in English. If the eligibility requirements or statements, the
bids, and all other documents submitted to the BAC are in foreign language other than
English, it must be accompanied by a translation of the documents in English. The
documents shall be translated by the relevant foreign government agency, the foreign
government agency authorized to translate documents, or a registered translator in the
foreign bidder’s country; and shall be authenticated by the appropriate Philippine foreign
service establishment/post or the equivalent office having jurisdiction over the foreign
bidder’s affairs in the Philippines. The English translation shall govern, for purposes of
interpretation of the bid.
10. Documents Comprising the Bid: Technical Proposal

10.1. While preparing the Technical Proposal, Consultants must give particular
attention to the following:
(a) The Technical Proposal shall not include any financial information. Any
Technical Proposal containing financial information shall be declared non-
responsive.
(b) For projects on a staff-time basis, the estimated number of professional

staff-months specified in the BDS shall be complied with. Bids shall,
however, be based on the number of professional staff-months estimated
by the Consultant.
(c) Proposed professional staff must, at a minimum, have the experience

indicated in the BDS, preferably working under conditions similar to those
prevailing in the Republic of the Philippines.
(d) No alternative professional staff shall be proposed, and only one

Curriculum Vitae (CV) may be submitted for each position.
10.2. The Technical Proposal shall contain the following information/documents:
31
(a) Technical Proposal Submission Form shall be the cover letter of the
Technical Proposal, using the form prescribed in Section VII. Bidding
Forms (TPF 1).
(b) Bid security as prescribed in ITB Clause 15. If the bidder opts to submit
the bid security in the form of:
(i) a bank draft/guarantee or an irrevocable Letter of Credit issued by

a foreign bank, it shall be accompanied by a confirmation from a
Universal or Commercial Bank; or
(ii) a surety bond accompanied by a certification coming from the

Insurance Commission that the surety or insurance company is
authorized to issue such instrument.
(c) Information indicated in the paragraphs below must be provided by the

Consultant and each partner and/or subconsultant, if any, following the
formats described in the Technical Proposal Forms:
(i) A brief description of the organization and outline of recent

experience of the Consultant and each partner and/or subconsultant
on projects of a similar and related nature as required in form TPF
2. Consultant’s References. For each project, the outline should
indicate inter alia, the project, contract amount and the
Consultant’s involvement. Information should be provided only
for those projects for which the Consultant was legally contracted
by itself or as one of the major participating consultants within an
association. Whenever applicable, the experience of individual
experts from projects completed independently or when associated
with consultants other than the one with whom the individual is
currently associated with cannot be claimed as the experience of
the current consultant or any one of its partners and/or
subconsultants, but can be claimed by the individuals themselves
in their CVs. Consultants should be prepared to substantiate the
claimed experience if so requested by the Procuring Entity.
(ii) Comments, if any, on the TOR (TPF 3. Comments and

Suggestions of Consultant on the Terms of Reference and on Data,
Services, and Facilities to be Provided by the Procuring Entity) to
improve performance in carrying out the Project. Innovativeness
shall be appreciated, including workable suggestions that could
improve the quality/effectiveness of the Project. In this regard,
unless the Consultant clearly states otherwise, it shall be assumed
by the Procuring Entity that work required to implement any such
improvements, are included in the inputs shown on the
Consultant’s Staffing Schedule. It shall include a list of facilities
requested by the Consultant to be provided by the Procuring
32
Entity, if any, in addition to those shown on the Data Sheet that
may include support facilities such as: counterpart staff, office
space, local transportation, equipment, domestic administrative
support, etc. that would be needed to carry out the project.
(iii) A concise, complete, and logical description of how the

Consultant’s team shall carry out the services to meet all
requirements of the TOR using TPF 4. Description of the
Methodology and Work Plan for Performing the Project.
(iv) An organization chart of the key and support staff indicating their
tasks and relationships amongst the Consultant and any partner
and/or subconsultant, the Procuring Entity, the Funding Source and
the GoP, and other parties or stakeholders, if any, involved in the
project using TPF 5. Team Composition and Task.
(v) The name, age, nationality, background employment record, and

professional experience of each nominated expert including
ongoing projects, with particular reference to the type of
experience required for the tasks assigned should be presented in
the CV format shown in TPF 6. Format of Curriculum Vitae (CV)
for Proposed Professional Staff. Only one duly notarized CV for
each consultant involved in the Project may be submitted for each
position.
(vi) The Procuring Entity requires that each expert confirm that the
content of his/her CV is correct and the experts themselves should
sign the certification of the CV. In addition, the expert should
submit a signed written commitment stating that the expert shall
work for the Project once awarded the contract. A zero rating shall
be given to a nominated expert if the expert:
(vi.1) is proposed for a domestic position but is not a Filipino

citizen;
(vi.2) failed to state nationality on the CV; or
(vi.3) the CV is not signed in accordance with paragraph (v)

above.
(vii) A Time Schedule (TPF 7. Time Schedule for Professional

Personnel) indicating clearly the estimated duration in terms of
person-months (shown separately for work in the field and in the
home office) and the proposed timing of each input for each
nominated expert, including domestic experts, if required, using
the format shown. The schedule shall also indicate when experts
are working in the project office and when they are working at
locations away from the project office.
33
(viii) A work plan showing in graphical format (bar chart) the timing of
major activities, anticipated coordination meetings, and
deliverables such as reports required under the TOR using TPF 8.
Activity (Work) Schedule.
(d) Sworn statement in accordance with Section 25.3 of the IRR of RA 9184
and using the form prescribed in Section VII. Bidding Forms.
11. Documents Comprising the Bid: Financial Proposal

11.1. All information provided in a Consultant’s Financial Proposal shall be treated as
confidential. The Financial Proposal must be submitted in hard copy using the
format shown in Financial Proposal Forms.
11.2. The Financial Proposal requires completion of six (6) forms, particularly, FPF 1,
FPF 2, FPF 3, FPF 4, FPF 5, and FPF 6. FPF 1. Financial Proposal Submission
Form should form the covering letter of the Financial Proposal. Form FPF 2.
Summary of Costs FPF 3. Breakdown of Price per Activity, FPF 4. Breakdown
of Remuneration per Activity, FPF 5. Reimbursables per Activity, and FPF 6.
Miscellaneous Expenses, relate to the costs of consulting services under two
distinct categories, namely: (a) Remuneration; and (b) Reimbursable
Expenditures.
11.3. Remuneration is divided into billing rate estimates for international and domestic
consultants. Reimbursable Expenditures are divided into per diem rates for
international and domestic consultants and costs for other reimbursable
expenditure items required to perform the consulting services.
11.4. The list of experts, and their respective inputs, identified in Financial Proposal
Forms, must match the list of experts and their respective inputs shown in
Technical Proposal Forms.
11.5. The Consultant shall be subject to Philippine taxes on amounts payable by the
Procuring Entity under the contract through mandated withholding by local tax
authorities of specified percentages of such amounts or otherwise. The BDS
details the taxes payable.
11.6. The Financial Proposal should clearly estimate, as a separate amount, the local
taxes (including social security), duties, fees, levies, and other charges imposed
under the applicable law, on the Consultants, the subconsultants, and its personnel
(other than Philippine Nationals or permanent residents of the Philippines).
11.7. Unless otherwise provided in the BDS, total calculated bid prices, as evaluated
and corrected for minor arithmetical corrections, such as computational errors,
which exceed the approved budget for the contract (ABC) shall not be considered.
34
12. Alternative Bids
Consultants participating in more than one bid or associating with any other entity other
than those already provided in its eligibility documents and allowed by the Procuring
Entity shall be disqualified.
13. Bid Currencies

13.1. 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.
13.2. If so allowed in accordance with ITB Clause 13.1, the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the amounts
in various currencies in which the bid price is expressed to Philippine Pesos at the
exchange rate as published in the Bangko Sentral ng Pilipinas (BSP) reference
rate bulletin on the day of the bid opening.
13.3. Unless otherwise specified in the BDS, payment of the contract price shall be
made in Philippine Pesos.
14. Bid Validity

14.1. Bids shall remain valid for the period specified in the BDS which shall not exceed
one hundred twenty (120) calendar days from the date of the opening of bids.
14.2. In exceptional circumstances, prior to the expiration of the bid validity period, the
Procuring Entity may request Consultants to extend the period of validity of their
bids. The request and the responses shall be made in writing. The bid security
described in ITB Clause 15 should also be extended corresponding to the
extension of the bid validity period at the least. A Consultant may refuse the
request without forfeiting its bid security, but his bid shall no longer be
considered for further evaluation and award. A Consultant granting the request
shall not be required or permitted to modify its bid.
15. Bid Security

15.1. The Consultant shall submit a Bid Securing Declaration or any form of Bid
Security in an amount stated in the BDS, which shall be not less than the
percentage of the ABC in accordance with the following schedule:
Amount of Bid Security

Form of Bid Security (Not less than the
Percentage of the ABC)
35
a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.
For biddings conducted by

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

LGUs, the Bank Draft/
Guarantee, or irrevocable letter
of credit may be issued by other
c) Surety bond callable upon

demand issued by a surety or
insurance company duly
certified by the Insurance Five percent (5%)
Commission as authorized to
issue such security.
The Bid Securing Declaration mentioned above is an undertaking which states,

among others, that the bidder shall enter into contract with the Procuring Entity
and furnish the performance security required under ITB Clause 31, within ten
(10) calendar days from receipt of the Notice of Award, and commits to pay the
corresponding amount as fine, and be suspended for a period of time from being
qualified to participate in any government procurement activity in the event it
violates any of the conditions stated therein as provided in the guidelines issued
by the GPPB.
36
15.2. The bid security should be valid for the period specified in the BDS. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.
15.3. No bid securities shall be returned to the Consultants after the opening of bids and
before contract signing, except to those that failed or declared as post-
disqualified, upon submission of a written waiver of their right to file a request for
reconsideration and/or protest or lapse of the reglementary period without having
filed a request for reconsideration or protest. Without prejudice on its forfeiture,
bid securities shall be returned only after the bidder with the Highest Rated
Responsive Bid (HRRB) has signed the contract and furnished the performance
security, but in no case later than the expiration of the bid security validity period
indicated in ITB Clause 15.2.
15.4. Upon signing and execution of the contract pursuant to ITB Clause 31, and the
posting of the performance security pursuant to ITB Clause 32, the Consultant’s
bid security will be discharged, but in no case later than the bid security validity
period as indicated in ITB Clause 15.2.
15.5. The bid security may be forfeited:
(a) if a Consultant:
(i) withdraws its bid during the period of bid validity specified in ITB
Clause 15.2;
(ii) does not accept the correction of errors pursuant to ITB Clause
11.7;
(iii) has a finding against the veracity of the required documents

submitted in accordance with ITB Clause 27.2;
(iv) submission of eligibility requirements containing false information

or falsified documents;
(v) any submission of bids that contain false information or falsified

documents, or the concealment of such information in the bids in
order to influence the outcome of eligibility screening or any other
stage of the public bidding;
(vi) allowing the use of one’s name, or using the name of another for
purposes of public bidding;
(vii) withdrawal of a bid, or refusal to accept an award, or enter into

contract with the Government without justifiable cause, after the
Bidder had been adjudged as having submitted the LCRB;
37
(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 Consultant:
(i) fails to sign the contract in accordance with ITB Clause 31;
(ii) fails to furnish performance security in accordance with ITB

Clause 32; or
(iii) any other reason stated in the BDS.
16. Format and Signing of Bids

16.1. Consultants shall submit their bids through their duly authorized representative
using the appropriate forms provided in Section VII. Bidding Forms on or before
the deadline specified in the ITB Clause 18 in two (2) separate sealed bid
envelopes, and which shall be submitted simultaneously. The first shall contain
the technical proposal and the second shall contain the financial proposal.
16.2. Forms as mentioned in ITB Clause 16.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.
16.3. The Consultant shall prepare an original of the first and second envelopes as
described in ITB Clauses 10 and 11. In addition, the Consultant 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.
16.4. Each and every page of the Technical Proposal Submission Form and the
Financial Proposal Submission Form under Section ___ hereof shall be signed by
38
the duly authorized representative/s of the Consultant. Failure to do so shall be a
ground for the rejection of the bid.
16.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed
or initialed by the duly authorized representative/s of the Consultant.
17. Sealing and Marking of Bids

17.1. Unless otherwise indicated in the BDS, Consultants shall enclose their original
technical proposal described in ITB Clause 10, in one sealed envelope marked
“ORIGINAL - TECHNICAL PROPOSAL”, and the original of their financial
proposal in another sealed envelope marked “ORIGINAL - FINANCIAL
PROPOSAL”, sealing them all in an outer envelope marked “ORIGINAL BID”.
17.2. Each copy of the first and second envelopes shall be similarly sealed duly
marking the inner envelopes as “COPY NO. ___ - TECHNICAL PROPOSAL”
and “COPY NO. ___ – FINANCIAL PROPOSAL” and the outer envelope as
“COPY NO. ___”, respectively. These envelopes containing the original and the
copies shall then be enclosed in one single envelope.
17.3. 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.
17.4. All envelopes shall:
(a) contain the name of the contract to be bid in capital letters;
(b) bear the name and address of the Consultant in capital letters;
(c) be addressed to the Procuring Entity’s BAC in accordance with ITB

Clause 18.1;
(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 18.
17.5. Bid envelopes that are not properly sealed and marked, as required in the bidding
documents, shall not be rejected, but the bidder or its duly authorized
representative shall acknowledge such condition of the Bid as submitted. The
BAC or the Procuring Entity shall assume no responsibility for the misplacement
of the contents of the improperly sealed or marked Bid, or for its premature
opening.
D. Submission and Opening of Bids
39
18. 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.
19. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by the
Procuring Entity, pursuant to ITB Clause 18, 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 Consultant’s name, its representative and the time the late
bid was submitted.
20. Modification and Withdrawal of Bids

20.1. The Consultant may modify its bid after it has been submitted; provided that the
modification is received by the Procuring Entity prior to the deadline prescribed
for submission and receipt of bids. The Consultant shall not be allowed to retrieve
its original bid, but shall be allowed to submit another bid equally sealed, properly
identified in accordance with ITB Clause 17.4, linked to its original bid marked
as “TECHNICAL MODIFICATION” or “FINANCIAL MODIFICATION” and
stamped “received” by the BAC. Bid modifications received after the applicable
deadline shall not be considered and shall be returned to the Consultant unopened.
20.2. A Consultant may, through a letter of withdrawal, withdraw its bid after it has
been submitted, for valid and justifiable reason; provided that the letter of
withdrawal is received by the Procuring Entity prior to the deadline prescribed for
submission and receipt of bids. The letter of withdrawal must be executed by the
authorized representative of the Bidder identified in the Omnibus Sworn
Statement, a copy of which should be attached to the letter.
20.3 Bids requested to be withdrawn in accordance with ITB Clause 20.1 shall be
returned unopened to the Bidders. A Consultant, who has acquired the bidding
documents, may also express its intention not to participate in the bidding through
a letter which should reach and be stamped by the BAC before the deadline for
submission and receipt of bids. A Consultant that withdraws its bid shall not be
permitted to submit another bid, directly or indirectly, for the same contract.
20.4 No bid may be modified after the deadline for submission of bids. No bid may be
withdrawn in the interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Consultant on the
Financial Bid Form. Withdrawal of a bid during this interval shall result in the
forfeiture of the Consultant’s bid security, pursuant to ITB Clause 15.5, and the
imposition of administrative, civil, and criminal sanctions as prescribed by R.A.
9184 and its IRR.
E. Evaluation and Comparison of Bids

40
21. Opening and Preliminary Examination of Bids
21.1 Only bids from short listed bidders shall be opened and considered for award of
contract. These short listed bidders, whether single entities or JVs, should
confirm in their Technical Proposal Submission Form that the information
contained in the submitted eligibility documents remains correct as of the date of
bid submission.
21.2 The BAC shall open the bids immediately after the deadline for the submission
and receipt of bids in public, as specified in the BDS. In case the bids
cannot be opened as scheduled due to justifiable reasons, the BAC shall take
custody of the bids submitted and reschedule the opening on the next working day
or at the soonest possible time through the issuance of a Bulletin to be posted at
the PhilGEPS website and the website of the Procuring Entity concerned.
21.3 To determine each bidder’s compliance with the documents prescribed in ITB
Clause 10, the BAC shall open the first envelope (Technical Proposal) and check
the submitted documents of each bidder in accordance with ITB Clause 10.2 to
ascertain if they are all present, using a non-discretionary “pass/fail” criterion. If
a bidder submits the required document, it shall be rated “passed” for that
particular requirement. In this regard, bids that fail to include any requirement or
are incomplete or patently insufficient shall be considered as “failed”. Otherwise,
the BAC shall rate the said first bid envelope as “passed”.
21.4 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
Consultant unopened
21.5 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.
21.6 All technical envelopes shall be resealed. Those rated “passed” shall be secured
for the detailed technical bid evaluation, while those rated “failed” will be secured
for purposes of possible filing of a request for reconsideration unless the bidder
waives its right to file a request for reconsideration, in which case, the envelope
shall be returned to the bidder immediately.
21.7 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 bid price
(per lot, if applicable, and/or including discount, if any), bid security, findings of
preliminary examination, and whether there is a withdrawal or modification; and
(b) attendance sheet. The BAC members shall sign the abstract of bids as read.
22. Process to be Confidential

22.1 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
41
with any Consultant regarding the evaluation of their bids until the approval by
the HOPE of the ranking of shortlisted Consultants, unless otherwise allowed in
the BDS or in the case of ITB Clause 23.
22.2 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 Consultant’s bid.
23. Clarification of Bids

To assist in the evaluation, comparison and post-qualification of the bids, the Procuring
Entity may ask in writing any Consultant for a clarification of its bid. All responses to
requests for clarification shall be in writing. Any clarification submitted by a Consultant
in respect to its bid and that is not in response to a request by the Procuring Entity shall
not be considered.
24. Bid Evaluation

24.1 For the evaluation of bids, numerical ratings shall be used. In order to eliminate
bias in evaluating the Bids, it is recommended that the highest and lowest scores
for each Consultant for each criterion shall not be considered in determining the
average scores of the Consultants, except when the evaluation is conducted in a
collegial manner.
24.2 For complex or unique undertakings, such as those involving new

concepts/technology or financial advisory services, participating short listed
consultants may be required, at the option of the Procuring Entity concerned, to
make an oral presentation to be presented by each Consultant, or its nominated
Project Manager or head, in case of consulting firms, within fifteen (15) calendar
days after the deadline for submission of Technical Proposals.
24.3 The entire evaluation process, including the submission of the results thereof to the
HoPE for approval, shall be completed in not more than twenty-one (21) calendar
days after the deadline for receipt of bids. The bid with the highest rank shall be
identified as the Highest Rated Bid. The HoPE shall approve or disapprove the
recommendations of the BAC within two (2) calendar days after receipt of the
results of the evaluation from the BAC.
24.4 All participating short listed consultants shall be furnished the results (ranking
and total scores only) of the evaluation after the approval by the HoPE of the
ranking. Said results shall also be posted in the PhilGEPS and the website of the
Procuring Entity, if available, for a period of not less than seven (7) calendar
days.
25 Evaluation of Technical Proposals
42
25.1 The BAC shall then conduct a detailed evaluation of technical bids following the
procedures specified in the BDS depending on the evaluation procedure identified
in the Request for Expression of Interest and ITB Clause 1.1.
25.2 The BAC evaluates the Technical Proposals on the basis of their compliance with
the requirements under ITB Clause 10 and responsiveness to the TOR using the
following criteria:
(a) Quality of personnel to be assigned to the Project which covers suitability of

key staff to perform the duties for the Project and general qualifications and
competence including education and training of the key staff;
(b) Experience and capability of the Consultant which include records of

previous engagement and quality of performance in similar and in other
projects; relationship with previous and current clients; and, overall work
commitments, geographical distribution of current/impending projects and
attention to be given by the consultant. The suitability of the Consultant to
the Project shall consider both the overall experiences of the firm and the
individual experiences of the principal and key staff including the times
when employed by other consultants; and
(c) Plan of approach and methodology with emphasis on the clarity, feasibility,
innovativeness and comprehensiveness of the plan approach, and the quality
of interpretation of project problems, risks, and suggested solutions.
25.3 The BAC shall assign numerical weights and the minimum required technical
score to each of the above criteria which shall be indicated in the BDS. A Bid
shall be rejected at this stage if it does not respond to important aspects of the
TOR or if it fails to achieve the minimum Technical Score (St) indicated in the
BDS.
25.4 Technical Proposals shall not be considered for evaluation in any of the following
cases:
(a) late submission, i.e., after the deadline set in the ITB Clause 18;
(b) failure to submit any of the technical requirements provided under this ITB
and TOR;
(c) the Consultant that submitted a Bid or any of its partner and/or
subconsultant belongs to one of the conflict of interest cases as described in
ITB Clauses 2.1(k) to (c) and failed to make a proper statement to that effect
in the cover letter; or
(d) the Technical Proposal included any cost of the services.
26 Opening and Evaluation of Financial Proposals
43
26.1 Financial Proposals shall be opened on the date indicated in the BDS.
26.2 The Financial Proposals opened shall be evaluated based on the evaluation
procedure indicated in ITB Clause 1.1 using the corresponding procedure
provided in the BDS.
27 Negotiations
27.1 Negotiations with the Consultant that submitted the Highest Rated Bid shall be
held at the address indicated in the BDS. The aim is to reach agreement on all
points.
27.2 Negotiations shall cover the following:
(a) Discussion and clarification of the TOR and Scope of Services;
(b) Discussion and finalization of the methodology and work program proposed
by the Consultant;
(c) Consideration of appropriateness of qualifications and pertinent

compensation, number of man-months and the personnel to be assigned to
the job, taking note of over-qualified personnel to be commensurate with the
compensation of personnel with the appropriate qualifications, number of
man-months and schedule of activities (manning schedule);
(d) Discussion on the services, facilities and data, if any, to be provided by

Procuring Entity concerned;
(e) Unless otherwise indicated in the BDS, discussion on the Financial Proposal
submitted by the Consultant; and
(f) Provisions of the contract.
27.3 Having selected the Consultant on the basis of, among other things, an evaluation
of the proposed key professional staff, the Procuring Entity expects to negotiate a
contract on the basis of the experts named in the bid. Before contract
negotiations, the Procuring Entity shall require assurances that the experts shall be
actually available. The Procuring Entity shall not consider substitutions during
contract negotiations except for justifiable reason as may be determined by the
Procuring Entity, such as illness, death, or resignation, unless both parties agree
that undue delay in the selection process makes such substitution unavoidable or
that such changes are critical to meet the objectives of the Project. If this is not
the case and if it is established that key staff were offered in the bid without
confirming their availability, the Consultant may be disqualified. Once the
contract has been awarded, no replacement shall be allowed until after fifty
percent (50%) of the personnel’s man-months have been served, except for
justifiable reasons as may be determined by the Procuring Entity. Violators shall
be fined an amount equal to the refund of the replaced personnel’s basic rate,
44
which should be at least fifty percent (50%) of the total basic rate for the duration
of the engagement.
27.4 Negotiations shall include a discussion of the technical proposal, the proposed
methodology (work plan), staffing and any suggestions made by the Consultant to
improve the TOR. The Procuring Entity and Consultant shall then work out the
final TOR, staffing, and bar charts indicating activities, staff, periods in the field
and in the home office, staff-months, logistics, and reporting. The agreed work
plan and final TOR shall then be incorporated in Appendix I and form part of the
contract. Special attention shall be paid to getting the most the Consultant can
offer within the available budget and to clearly defining the inputs required from
the Procuring Entity to ensure satisfactory implementation of the Project.
27.5 The financial negotiations shall include a clarification of the Consultant’s tax
liability in the Philippines, if any, and the manner in which it shall be reflected in
the contract; and shall reflect the agreed technical modifications in the cost of the
services. The negotiations shall conclude with a review of the draft form of the
contract. To complete negotiations, the Procuring Entity and the Consultant shall
initial the agreed contract. If negotiations fail, the Procuring Entity shall invite the
Consultant whose Bid received the second highest score to negotiate a contract. If
negotiations still fail, the Procuring Entity shall repeat the process for the next-in-
rank Consultant until the negotiation is successfully completed.
28 Post Qualification
28.1 The BAC shall determine to its satisfaction whether the Consultant that is
evaluated as having submitted the Highest Rated Bid (HRB) complies with and is
responsive to all the requirements and conditions specified in the Eligibility
Documents and ITB Clauses 10 and 11.
28.2 Within a non-extendible period of five (5) calendar days from receipt by the
Consultant of the notice from the BAC that it submitted the Highest Rated Bid,
the Consultant shall submit its latest income and business tax returns filed and
paid through the BIR Electronic Filing and Payment System (EFPS) and other
appropriate licenses and permits required by law and stated in the BDS.
Failure to submit any of the post-qualification requirements on time, or a finding

against the veracity thereof, shall disqualify the bidder for award. Provided, in the
event that a finding against the veracity of any of the documents submitted is
made, it shall cause the forfeiture of the bid security in accordance with Section
69 of the IRR of RA 9184.
28.3 The determination shall be based upon an examination of the documentary

evidence of the Consultant’s qualifications submitted pursuant to ITB Clauses 10
and 11, 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.
45
28.4 If the BAC determines that the Consultant with the Highest Rated Bid passes all
the criteria for post-qualification, it shall declare the said bid as the Consultant
with the HRRB, and recommend to the HoPE the award of contract to the said
Consultant 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 Consultant’s bid, in which
event the BAC shall proceed to the next Highest Rated Bid with a fresh period to
make a similar determination of that Consultant’s capabilities to perform
satisfactorily. If the second Consultant, however, fails the post qualification, the
procedure for post qualification shall be repeated for the Consultant with the next
Highest Rated Bid, and so on until the HRRB is determined for recommendation
of contract award.
28.6 Within a period not exceeding fifteen (15) calendar days from the determination
by the BAC of the HRRB and the recommendation to award the contract, the
HoPE or his duly authorized representative shall approve or disapprove the said
recommendation.
28.7 In the event of disapproval, which shall be based on valid, reasonable, and
justifiable grounds as provided for under Section 41 of the IRR of RA 9184, the
HoPE shall notify the BAC and the Consultant in writing of such decision and the
grounds for it. When applicable, the BAC shall conduct negotiations, and if
successful, post-qualification of the Consultant with the next Highest Rated Bid.
A request for reconsideration may be filed by the bidder with the HoPE in
accordance with Section 37.1.3 of the IRR of RA 9184.
29 Reservation Clause
29.1 Notwithstanding the eligibility, short listing, or post-qualification of a Consultant,
the Procuring Entity concerned reserves the right to review its qualifications at
any stage of the procurement process if it has reasonable grounds to believe that a
misrepresentation has been made by the said Consultant, or that there has been a
change in the Consultant’s capability to undertake this Project from the time it
submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements, statements or
documents, or any changes in the situation of the Consultant which will affect its
capability to undertake the project so that it fails the preset eligibility or bid
evaluation criteria, the Procuring Entity shall consider the said Consultant as
ineligible and shall disqualify it from submitting a bid or from obtaining an award
or contract.
29.2 Based on the following grounds, the Procuring Entity reserves the right to reject
any and all bids, declare a failure of bidding at any time prior to the contract
award, or not to award the contract, without thereby incurring any liability, and
make no assurance that a contract shall be entered into as a result of the bidding:
46
(a) If there is prima facie evidence of collusion between appropriate public
officers or employees of the Procuring Entity, or between the BAC and any
of the bidders, or if the collusion is between or among the bidders
themselves, or between a bidder and a third party, including any act which
restricts, suppresses or nullifies or tends to restrict, suppress or nullify
competition;
(b) If the Procuring Entity’s BAC is found to have failed in following the
prescribed bidding procedures; or
(c) For any justifiable and reasonable ground where the award of the contract
will not redound to the benefit of the GoP as follows:
(i) If the physical and economic conditions have significantly changed so

as to render the project no longer economically, financially or
technically feasible as determined by the HoPE;
(ii) If the project is no longer necessary as determined by the HoPE; and
(iii) If the source of funds for the project has been withheld or reduced
through no fault of the Procuring Entity.
29.3 In addition, the Procuring Entity may likewise declare a failure of bidding when:
(a) No bids are received;
(b) All prospective bidders are declared ineligible;
(c) All bids fail to comply with all the bid requirements or there is no successful
negotiation, or fail post-qualification; or
(d) The bidder with the HRRB refuses, without justifiable cause to accept the
award of contract, and no award is made in accordance with Section 40 of
the IRR of RA 9184.
F. Award of Contract
30. Contract Award

30.1 Subject to ITB Clause 28, the HoPE or its authorized representative shall award
the contract to the Bidder whose bid has been determined to be the HRRB.
30.2 Prior to the expiration of the period of bid validity, the Procuring Entity shall
notify the successful Consultant in writing that its bid has been accepted, through
a Notice of Award duly received by the Consultant or its authorized representative
personally or by registered mail or electronically, receipt of which must be
confirmed in writing within two (2) days by the Consultant with the HRRB and
47
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 the (10) calendar days
from receipt of the Notice of Award:
(i) Valid JVA, if applicable;
(ii) In the case of procurement by a Philippine Foreign Service Office

or Post, the PhilGEPS Registration Number of the winning foreign
consultant; and/or
(iii) SEC Certificate of Registration of the foreign consulting firm,

and/or the authorization or license issued by the appropriate GoP
professional regulatory body of the foreign professionals engaging
in the practice of regulated professions and allied professions,
where applicable.
(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 and 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:
(1) Contract Agreement;
(2) Bidding Documents;
48
(3) 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;
(4) Performance Security;
(5) Notice of Award of Contract; and
(6) Other contract documents that may be required by existing laws and/or
specified in the BDS.
32. Performance Security

32.1 Unless otherwise provided in the BDS, to guarantee the faithful performance by
the winning Consultant of its obligations under the contract, it shall post a
performance security within a maximum period of ten (10) calendar days from the
receipt of the Notice of Award from the Procuring Entity and in no case later than
the signing of the contract.
32.2 The performance security shall be denominated in Philippine Pesos and posted in
favor of the Procuring Entity in an amount not less than the percentage of the total
contract price in accordance with the following schedule:
Amount of Performance Security

Form of Performance Security (Not less than the Percentage of the
Total Contract Price)
(a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank;
For biddings conducted by the

LGUs, the Cashier’s/Manager’s
Check may be issued by other
Five percent (5%)
(b) Bank draft/guarantee or
irrevocable letter of credit
issued by a Universal or
Commercial Bank: Provided,
however, that it shall be
confirmed or authenticated by a
Universal or Commercial Bank,
if issued by a foreign bank;
and/or
49
For biddings conducted by the
LGUs, the Bank Draft/
Guarantee or Irrevocable Letter
of Credit may be issued by
other banks certified by the BSP
as authorized to issue such
(c) Surety bond callable upon
demand issued by a surety or Thirty percent (30%)
insurance company duly
certified by the Insurance
Commission as authorized to
issue such security.
32.3 Failure of the successful Consultant to comply with the above-mentioned

requirement shall constitute sufficient ground for the annulment of the award and
forfeiture of the bid security, in which event the Procuring Entity shall have a
fresh period to initiate negotiation and if successful, complete post-qualification
of the second Highest Rated Bid. The procedure shall be repeated until the HRRB
is identified and selected for recommendation of contract award. However, if no
Consultant had a successful negotiation or passed post-qualification, the BAC
shall declare the bidding a failure and conduct a re-bidding with re-advertisement,
if necessary.
33. Notice to Proceed

33.1 Within seven (7) calendar days from the date of approval of the contract by the
appropriate government approving authority, the Procuring Entity shall issue the
Notice to Proceed together with copies of the approved contract to the successful
Consultant. All notices called for by the terms of the contract shall be effective
only at the time of receipt thereof by the successful Consultant.
33.2 The contract effectivity date shall be the date of contract signing. The Consultant
shall commence performance of its obligations only upon receipt of the Notice to
Proceed.
34. Protest Mechanism

Decision of the Procuring Entity at any stage of the procurement process may be
questioned in accordance with Section 55 of the IRR of RA 9184.
50
Section III. Bid Data Sheet
Notes on the Bid Data Sheet

Section III 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, the
applicable rules regarding bid price and currency, and the bid evaluation criteria that will
apply to the bids. In preparing Section III, the following aspects should be checked:
(a) Information that specifies and complements provisions of Section II must be

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

by the circumstances of the specific procurement, must also be incorporated.
51
Bid Data Sheet
ITB
Clause
1.1 The Procuring Entity is the NATIONAL IRRIGATION ADMINISTRATION -

MAGAT RIVER INTEGRATED IRRIGATION SYSTEM HEAD OFFICE
The evaluation procedure is Quality Cost Based Evaluation/Selection

(QCBE/QCBS)
1.2 The Funding Source is:
The Government of the Philippines (GoP) through GAA: Corporate Operating

Budget for Calendar Year 2022.
The name of the project is NIA-MARIIS-HO-CS-2022-01.

1.3 Detailed Architectural and Engineering Design Services for the Proposed Three-
Storey NIA MARIIS Training Center Building at Cauayan City, Isabela.
1.4 The Project shall not be phased.
5 No further instructions.
6.1 Subcontracting is not allowed
6.2 “Not applicable”.
7.1 The Procuring Entity will hold a pre-bid conference for this Project on September
8, 2022, 9:00 AM at Conference Room, 2nd floor, NIA-MARIIS Bldg. Minante
1, Cauayan City, Isabela.
Face to face and through videoconferencing /web casting via

meet.google.com/gsj-xhak-zam.
8.1 The Procuring Entity’s address is:
NIA-MARIIS Head Office

Telefax. No. (078) 307-0288
10.1(c) Applicable Experience of the Consultancy Firm
1.1 Must be in active practice / operational for at least five (5) years
52
1.2 Must have at least five (5) years of consulting experience with contract
documents of in: any similar projects belonging to Group C-Division C-1
of Section 701 of the IRR of PD 1096.
1.3 Must have previously handled/managed the following design for Training
Facilities or similar projects belonging to Group C-Division C-1 of
Section 701 of the IRR of PD 1096:
The minimum required experience of proposed professional staff is as follows:
Expert Qualifications
Qualifications
1- Team Leader Registered and Licensed Civil/ Structural Engineer or

Registered and Licensed Architect with at least five (5)
years relevant experience in design for at least three-
storey high building
1- Architect Registered and Licensed Architect with at least five (5)

years relevant experience in architectural design for at
least three storey high building
1-Structural Registered and Licensed Civil Engineer with

Engineer specialization in Structural Engineering by the
Accredited Professional Organization, with at least five
(5) years relevant experience in structural design for at
least three – storey high building
1- Electrical Professional Electrical Engineer with at least three (3)

Engineer years relevant experience in electrical design for at least
three- storey high building.
1-Electronics and Professional Electronics and Communications Engineer

Communications with at least three (3) years relevant experience in
Engineer electronic design for at least three- storey high building
including Fire Detection and Alarm System (FDAS)
design
1-Mechanical and Professional Mechanical Engineer with at least five (5)

Fire Protection years relevant experience in mechanical design for at
Engineer least three-storey high building with fire protection
system.
1-Sanitary Sanitary Engineer/ Master Plumber with at least three

Engineer/ Master (3) years relevant experience in plumbing and sanitary
Plumber design for at least three storey building
1-Project Cost With at least three (3) projects with five (5) years
Engineer/ relevant experience in bill of quantities and estimates of
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Architect project cost for at least three storey building.
1- Geodetic With at least three (3) projects within three (3) years
Engineer relevant experience in lot survey for buildings
1- Geotechnical With at least (5) projects within five (5) years relevant
Engineer experience in soil testing.
2 – CADD With at least three (3) projects within five (5) years
Operator/ relevant experience in Computer Aided Design and
Draftsman Drafting (CADD) proposed/ as-built plans for at least
three- storey high building
The commissioned Design professionals shall have at least five (5) years
experience with solid background in Architectural and Engineering
Design of Training Facilities or any similar projects belonging to Group C-
1 of the PD 1096.
11.5 Taxes:
11.7 The ABC is Three Million Five Hundred Forty-Eight Thousand Seven Hundred
Twenty-Five Pesos (PhP 3,548,725.00) being the Approved Budget for the Contract
(ABC). Any bid with a financial component exceeding this amount shall not be
accepted.
13.1 The bid prices shall be quoted in Philippine Pesos.
14.1 Bids will be valid until 120 Days from Opening of Bids.
15.1 The bid security shall be limited to a Bid Securing Declaration or any of the
following forms and amounts:
1. The amount of not less than PhP 70,974.50 (2% of ABC), if bid security is in
cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit; or
2. The amount of not less than PhP 177,436.25 (5% of ABC), if bid security is in
Surety Bond.
15.2 The bid security shall be valid until 120 days from opening of bids.
15.5(b)(iii) No further instructions.
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17.3 Each Bidder shall submit one (1) original and two (2) Duplicate copies of the first
and second components of its bid.
18 The address for submission of bids is at Conference Room, 2nd floor, NIA-
MARIIS Bldg., Minante 1, Cauayan City, Isabela.
The deadline for submission of bids is September 20,2022 at 8:30 AM.
21.2 The time and address for opening of Technical Proposal of shortlisted Consultants
will be on September 20, 2022 at 9:00 AM at Conference Room, 2nd floor,
NIA-MARIIS Bldg. Minante 1, Cauayan City, Isabela or through video
conferencing meet.google.com/pue-vfpc-msr.
22.1 No further instruction.
25.3 The numerical weight and the minimum required St for each criterion are as
follows:
a. Quality of Personnel – 45%
b. Experience and Capability of Consultant – 30%
c. Plan of Approach and Methodology – 25%
The minimum St required to pass is 85%.
The attention of the Consultant is drawn to Technical Proposal Forms – Bids must
adhere to the maximum number of pages outlined in Clause 10.2(b).
26.1 The time and address for opening of Financial Proposal of qualified Consultants
will be on September 27, 2022, Tuesday, at 9:00 AM at Conference Room, 2nd
floor, NIA-MARIIS Bldg., Minante 1, Cauayan City, Isabela or through video
conferencing meet.google.com/xyz-rumr-ymm.
27.1 The address for negotiations is at Conference Room, 2nd floor, NIA-MARIIS
Bldg., Minante 1, Cauayan City, Isabela.
27.2(e) If the evaluation procedure mentioned in ITB Clause 1.1 is QCBE, state the
following:
No negotiations pertaining to the Financial Proposal shall be undertaken.
28.2 “No additional requirement.”
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31.4.6 “No additional requirement.”
33.2 The effective date of the contract is upon Contract signing.
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Section IV. General Conditions of
Contract
Notes on the General Conditions of Contract

The GCC, SCC, and other documents listed therein, expressing all the rights and
obligations of the parties, should be completed.
The GCC herein shall not be altered. Any changes and complementary information, which
may be needed, shall be introduced only through the SCC in Section V.
57
TABLE OF CONTENTS
1. DEFINITIONS ............................................................................................. 61
2. HEADINGS ................................................................................................. 62
3. LOCATION ................................................................................................. 62
4. LAW GOVERNING CONTRACT AND SERVICES ........................................... 62
5. LANGUAGE ............................................................................................... 63
6. CONSULTANTS AND AFFILIATES NOT TO ENGAGE IN CERTAIN
ACTIVITIES ............................................................................................... 63
7. AUTHORITY OF MEMBER IN CHARGE ........................................................ 63
8. RESIDENT PROJECT MANAGER ................................................................. 63
9. ENTIRE AGREEMENT ................................................................................. 63
10. MODIFICATION.......................................................................................... 64
11. RELATIONSHIP OF PARTIES ....................................................................... 64
12. AUTHORIZED REPRESENTATIVES .............................................................. 64
13. GOOD FAITH ............................................................................................. 64
14. OPERATION OF THE CONTRACT ................................................................. 64
15. NOTICES.................................................................................................... 65
16. WARRANTY AS TO ELIGIBILITY ................................................................. 65
17. CONFIDENTIALITY .................................................................................... 65
18. PAYMENT .................................................................................................. 65
19. CURRENCY OF PAYMENT .......................................................................... 66
20. LIABILITY OF THE CONSULTANT ............................................................... 66
21. INSURANCE TO BE TAKEN OUT BY THE CONSULTANT ............................... 66
22. EFFECTIVITY OF CONTRACT ...................................................................... 66
23. COMMENCEMENT OF SERVICES ................................................................. 66
24. EXPIRATION OF CONTRACT ....................................................................... 66
25. FORCE MAJEURE ....................................................................................... 66
26. SUSPENSION .............................................................................................. 68
58
27. TERMINATION BY THE PROCURING ENTITY ............................................... 68
28. TERMINATION BY THE CONSULTANT ........................................................ 70
29. PROCEDURES FOR TERMINATION OF CONTRACTS ..................................... 70
30. CESSATION OF SERVICES .......................................................................... 71
31. PAYMENT UPON TERMINATION ................................................................ 71
32. DISPUTES ABOUT EVENTS OF TERMINATION ............................................. 72
33. CESSATION OF RIGHTS AND OBLIGATIONS................................................ 72
34. DISPUTE SETTLEMENT .............................................................................. 72
35. DOCUMENTS PREPARED BY THE CONSULTANT AND SOFTWARE
DEVELOPED TO BE THE PROPERTY OF THE PROCURING ENTITY ................ 72
36. EQUIPMENT AND MATERIALS FURNISHED BY THE PROCURING ENTITY .... 73
37. SERVICES, FACILITIES AND PROPERTY OF THE PROCURING ENTITY .......... 73
38. CONSULTANT’S ACTIONS REQUIRING PROCURING ENTITY’S PRIOR
APPROVAL ................................................................................................ 74
39. PERSONNEL ............................................................................................... 74
40. WORKING HOURS, OVERTIME, LEAVE, ETC. ............................................. 75
41. COUNTERPART PERSONNEL ...................................................................... 76
42. PERFORMANCE SECURITY ......................................................................... 76
43. STANDARD OF PERFORMANCE .................................................................. 77
44. CONSULTANT NOT TO BENEFIT FROM COMMISSIONS, DISCOUNTS, ETC.... 77
45. PROCUREMENT BY THE CONSULTANT ....................................................... 78
46. SPECIFICATIONS AND DESIGNS ................................................................. 78
47. REPORTS ................................................................................................... 78
48. ASSISTANCE BY THE PROCURING ENTITY ON GOVERNMENT
REQUIREMENTS ........................................................................................ 78
49. ACCESS TO LAND ...................................................................................... 79
50. SUBCONTRACT .......................................................................................... 79
51. ACCOUNTING, INSPECTION AND AUDITING ............................................... 79
52. CONTRACT COST ...................................................................................... 80
53. REMUNERATION AND REIMBURSABLE EXPENDITURES ............................. 80
59
54. FINAL PAYMENT ....................................................................................... 81
55. LUMP SUM CONTRACTS ............................................................................ 82
56. LIQUIDATED DAMAGES FOR DELAY.......................................................... 83
60
1. Definitions
1.1 Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the
force of law in the Philippines as they may be issued and enforced from
time to time.
(b) “Consultant” refers to the short listed consultant with the HRRB
determined by the Procuring Entity as such in accordance with the ITB.
(c) “Consulting Services” refer to services for Infrastructure Projects and

other types of projects or activities of the Government of the Philippines
(GoP) requiring adequate external technical and professional expertise that
are beyond the capability and/or capacity of the Procuring Entity 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.
(d) “Contract” means the agreement signed by the Parties, to which these
General Conditions of Contract (GCC) and other sections of the Bidding
Documents are attached.
(e) “Effective Date” means the date on which this Contract comes into full
force and effect.
(f) “Foreign Currency” means any currency other than the currency of the
Philippines.
(g) “Funding Source” means the entity indicated in the SCC.
(h) “GCC” means these General Conditions of Contract.
(i) “Government” means the Government of the Philippines (GoP).
(j) “Local Currency” means the Philippine Peso (Php).
(k) “Member,” in case the Consultant is a Joint Venture (JV) of two (2) or
more entities, means any of these entities; and “Members” means all these
entities.
(l) “Party” means the Procuring Entity or the Consultant, as the case may be,
and “Parties” means both of them.
(m) “Personnel” means persons hired by the Consultant or by any

Subconsultant as employees and assigned to the performance of the
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Services or any part thereof; “Foreign Personnel” means such persons who
at the time of being so hired had their domicile outside the Government’s
country; “Local Personnel” means such persons who at the time of being
so hired had their domicile inside the Philippines; and “Key Personnel”
means the Personnel referred to in GCC Clause 39.
(n) “Procuring Entity” refers to any branch, constitutional commission or

office, agency, department, bureau, office or instrumentality of the
Government, including GOCC, GFI, SUC, LGU, and autonomous
regional government procuring Goods, Consulting Services, and
Infrastructure Projects.
(o) “SCC” means the Special Conditions of Contract by which the GCC may
be amended or supplemented.
(p) “Services” means the work to be performed by the Consultant pursuant to

this Contract, as described in Appendix I.
(q) “Subconsultant” means any person or entity to whom/which the

Consultant subcontracts any part of the Services in accordance with the
provisions of GCC Clause 50.
(r) “Third Party” means any person or entity other than the Government, the
Procuring Entity, the Consultant or a Subconsultant.
2. Headings
The headings shall not limit, alter or affect the meaning of this Contract.
3. Location
The Services shall be performed at such locations as are specified in Appendix I and,
where the location of a particular task is not so specified, at such locations, whether in the
Philippines or elsewhere, as the Procuring Entity may approve.
4. Law Governing Contract and Services

4.1 This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
4.2 The Consultant shall perform the Services in accordance with the Applicable Law
and shall take all practicable steps to ensure that any Subconsultant, as well as the
Personnel of the Consultant and any Subconsultant, complies with the Applicable
Law. The Procuring Entity shall notify the Consultant in writing of relevant local
customs, and the Consultant shall, after such notification, respect such customs.
4.3 If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost incurred by the
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Consultant in performing the Services, then the remuneration and reimbursable
expenses otherwise payable to the Consultant under this Contract shall be
increased or decreased on a no loss-no gain basis, and corresponding adjustments
shall be made to the ceiling amounts specified in GCC Clause 52, provided that
the cost is within the Approved Budget for the Contract (ABC).
5. Language
This Contract has been executed in the English language, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
Contract.
6. Consultants and Affiliates Not to Engage in Certain Activities

6.1 The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as well
as any Subconsultant and any entity affiliated with such Subconsultant, shall be
disqualified from providing goods, works, or consulting services for any project
resulting from or closely related to this Contract other than the Services and any
continuation thereof provided there is no current or future conflict.
6.2 The Consultant shall not engage, and shall cause their Personnel as well as their
Subconsultants and their Personnel not to engage, either directly or indirectly, in
any of the following activities:
(a) during the term of this Contract, any business or professional activities in
the Government’s country which would conflict with the activities
assigned to them under this Contract; and
(b) after the termination of this Contract, such other activities as may be
specified in the SCC.
7. Authority of Member in Charge

In case the Consultant is a JV, the Members hereby authorize the entity specified in the
SCC to act on their behalf in exercising all the Consultant’s rights and obligations
towards the Procuring Entity under this Contract, including without limitation the
receiving of instructions and payments from the Procuring Entity.
8. Resident Project Manager

If required by the SCC, the Consultant shall ensure that at all times during the
Consultant’s performance of the Services in the Government’s country, a resident project
manager, acceptable to the Procuring Entity, shall take charge of the performance of such
Services.
9. Entire Agreement
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This Contract, including the documents specified in Section 37.2.3 of the IRR of RA
9184, contains all covenants, stipulations and provisions agreed by the Parties. No agent
or representative of either Party has authority to make any statement, representation,
promise, or agreement not set forth herein of which the Parties shall not be bound by or
be liable for.
10. Modification
Unless otherwise specified in the SCC, no modification of the terms and conditions of
this Contract, including any modification of the scope of the Services shall be allowed.
Pursuant to GCC Clause 14 hereof, however, each Party shall give due consideration to
any proposal for modification made by the other Party.
11. Relationship of Parties

11.1 Nothing contained herein shall be construed as establishing a relation of employer
and employee or of principal and agent as between the Procuring Entity and the
Consultant. The Consultant, subject to this Contract, has complete charge of its
Personnel and Subconsultants, if any, performing the Services and shall be fully
responsible for the Services performed by them or on their behalf hereunder.
11.2 The Consultant shall during the performance of the Services be an independent
contractor, retaining complete control over its Personnel, conforming to all
statutory requirements with respect to all its employees, and providing all
appropriate employee benefits.
12. Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Contract by the Procuring Entity or the Consultant may be taken
or executed by the officials specified in the SCC.
13. Good Faith

The Parties undertake to act in good faith with respect to each other’s rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives
of this Contract.
14. Operation of the Contract

The Parties recognize that it is impractical for this Contract to provide for every
contingency which may arise during the life of this Contract, and the Parties hereby agree
that it is their intention that this Contract shall operate fairly as between them, and
without detriment to the interest of either of them; and that, if during the term of this
Contract either Party believes that this Contract is operating unfairly, the Parties shall use
their best efforts to agree on such action as may be necessary to remove the cause or
causes of such unfairness, but no failure to agree on any action pursuant to this Clause
64
shall give rise to a dispute subject to arbitration in accordance with GCC Clause 34
hereof.
15. Notices
15.1 Any notice, request or consent required or permitted to be given or made pursuant
to this Contract shall be in writing. Any such notice, request or consent shall be
deemed to have been given or made when received by the concerned party, either
in person or through an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex, telegram or
facsimile to such Party at the address specified in the SCC.
15.2 Notice shall be deemed to be effective as specified in the SCC.
15.3 A Party may change its address for notice hereunder by giving the other Party
notice of such change pursuant to the provisions listed in the SCC with respect to
GCC Clause 15.2.
16. Warranty as to Eligibility

16.1 The Consultant represents, warrants, and confirms that it, as well as its
Subconsultant, if any, is eligible, i.e., has the legal personality to act as a
consultant in accordance with Part I, Section II. Eligibility Documents issued for
this project.
16.2 The Consultant shall fulfill its obligations under this Contract by using knowledge
according to the best accepted professional standards. The Consultant shall
exercise all reasonable skill, care and diligence in the discharge of duties agreed
to be performed and shall work in the best interest of the GoP.
17. Confidentiality
Except with the prior written consent of the Procuring Entity, the Consultant and the
Personnel shall not at any time communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall the Consultant and the
Personnel make public the recommendations formulated in the course of, or as a result of,
the Services. For purposes of this clause, “confidential information” means any
information or knowledge acquired by the Consultant and/or its Personnel arising out of,
or in connection with, the performance of the Services under this Contract that is not
otherwise available to the public.
18. Payment
18.1 In consideration of the Services performed by the Consultant under this Contract,
the Procuring Entity shall make to the Consultant such payments and in such
manner as is provided by GCC Clause 53 of this Contract. However, the
65
Procuring Entity may refuse to make payments when the terms and conditions of
the contract are not satisfactorily performed by the Consultant.
18.2 Subject to the ceilings specified in GCC Clause 52 hereof, the Procuring Entity
shall pay to the Consultant: (i) remuneration as set forth in GCC Clause 53.2; and
(ii) reimbursable expenditures as set forth in GCC Clause 53.4. Said
remuneration shall not be subject to price adjustment.
18.3 All payments under this Contract shall be made to the account of the Consultant
specified in the SCC.
19. Currency of Payment

Unless otherwise specified in the SCC, all payments shall be made in Philippine Pesos.
20. Liability of the Consultant

Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability
under this Contract shall be as provided by the laws of the Republic of the Philippines.
21. Insurance to be Taken Out by the Consultant

21.1 The Consultant, at its own cost, shall be responsible for taking out or maintaining
any insurance policy against any risk related to the project.
21.2 The Procuring Entity undertakes no responsibility in respect of life, health,

accident, travel or any other insurance coverage for the Personnel or for the
dependents of any such Personnel.
22. Effectivity of Contract

The contract effectivity date shall be the date of contract signing, provided that the
effectiveness of the conditions, if any, listed in the SCC have been met.
23. Commencement of Services

The Consultant shall begin carrying out the Services starting from the effectivity date of
this Contract, as mentioned in GCC Clause 22.
24. Expiration of Contract

Unless sooner terminated pursuant to GCC Clauses 27 or 28 hereof, this Contract shall
terminate at the end of such time period after the effectivity date as shall be specified in
the SCC.
25. Force Majeure
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25.1 For purposes of this Contract the terms “force majeure” and “fortuitous event”
may be used interchangeably. In this regard, a fortuitous event or force majeure
shall be interpreted to mean an event which the Consultant could not have
foreseen, or which though foreseen, was inevitable. It shall not include ordinary
unfavorable weather conditions; and any other cause the effects of which could
have been avoided with the exercise of reasonable diligence by the Consultant.
25.2 The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract insofar as such
inability arises from an event of force majeure, provided that the Party affected by
such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and
conditions of this Contract.
25.3 Unless otherwise agreed herein, force majeure shall not include:
(a) any event which is caused by the negligence or intentional action of a

Party or such Party’s Subconsultants or agents or employees;
(b) any event which a diligent Party could reasonably have been expected to
both take into account at the time of the conclusion of this Contract and
avoid or overcome in the carrying out of its obligations hereunder;
(c) insufficiency of funds or failure to make any payment required hereunder;

or
(d) the Procuring Entity’s failure to review, approve or reject the outputs of
the Consultant beyond a reasonable time period.
25.4 A Party affected by an event of force majeure shall take all reasonable measures
to remove such Party’s inability to fulfill its obligations hereunder immediately or
within a reasonable time.
25.5 A Party affected by an event of force majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fifteen (15) days
following the occurrence of such event, providing evidence of the nature and
cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.
25.6 The Parties shall take all reasonable measures to minimize the consequences of
any event of force majeure.
25.7 Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such
Party was unable to perform such action as a direct and proximate result of force
majeure.
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25.8 During the period of their inability to perform the Services as a direct and
proximate result of an event of force majeure, the Consultant shall be entitled to
continue receiving payment under the terms of this Contract as well as to be
reimbursed for additional costs reasonably and necessarily incurred by it during
such period for the purposes of the Services and in reactivating the Services after
the end of such period, provided that such costs are still within the total contract
price. However, the foregoing provision shall not apply if the Procuring Entity
suspends or terminates this Contract in writing, notice thereof duly received by
the Consultant, pursuant to GCC Clauses 26 and 27 hereof with the exception of
the direct and proximate result of force majeure.
25.9 Not later than fifteen (15) days after the Consultant, as the direct and proximate
result of an event of force majeure, has become unable to perform a material
portion of the Services, the Parties shall consult with each other with a view to
agreeing on appropriate measures considering the circumstances.
25.10 In the case of disagreement between the parties as to the existence, or extent of
force majeure, the matter shall be submitted to arbitration in accordance with
GCC Clause 34 hereof.
26. Suspension
26.1 The Procuring Entity shall, by written notice of suspension to the Consultant,
suspend all payments to the Consultant hereunder if the Consultant fail to perform
any of their obligations due to their own fault or due to force majeure or other
circumstances beyond the control of either party (e.g. suspension of civil works
being supervised by the consultant) under this Contract, including the carrying out
of the Services, provided that such notice of suspension:
(a) shall specify the nature of the failure; and
(b) shall request the Consultant to remedy such failure within a period not
exceeding thirty (30) days after receipt by the Consultant of such notice of
suspension.
26.2 The Consultant may, without prejudice to its right to terminate this Contract
pursuant to GCC Clause 28, by written notice of suspension, suspend the Services
if the Procuring Entity fails to perform any of its obligations which are critical to
the delivery of the Consultant’s services such as, non-payment of any money due
the Consultant within forty-five (45) days after receiving notice from the
Consultant that such payment is overdue.
27. Termination by the Procuring Entity

27.1 The Procuring Entity shall terminate this Contract when any of the following
conditions attends its implementation:
68
(a) Outside of force majeure, the Consultant fails to deliver or perform the
Outputs and Deliverables within the period(s) specified in the Contract, or
within any extension thereof granted by the Procuring Entity pursuant to a
request made by the Consultant prior to the delay;
(b) As a result of force majeure, the Consultant is unable to deliver or perform

a material portion of the Outputs and Deliverables for a period of not less
than sixty (60) calendar days after the Consultant’s receipt of the notice
from the Procuring Entity stating that the circumstance of force majeure is
deemed to have ceased;
(c) In whole or in part, at any time for its convenience, the HoPE may
terminate the Contract for its convenience if he has determined the
existence of conditions that make Project Implementation economically,
financially or technically impractical and/or unnecessary, such as, but not
limited to, fortuitous event(s) or changes in law and National Government
policies;
(d) If the Consultant is declared bankrupt or insolvent as determined with

finality by a court of competent jurisdiction; in which event, termination
will be without compensation to the Consultant, provided that such
termination will not prejudice or affect any right of action or remedy
which has accrued or will accrue thereafter to the Procuring Entity and/or
the Consultant;
(e) In case it is determined prima facie that the Consultant has engaged,
before or during the implementation of this Contract, in unlawful deeds
and behaviors relative to contract acquisition and implementation, such as,
but not limited to, the following: corrupt, fraudulent, collusive, coercive,
and obstructive practices; drawing up or using forged documents; using
adulterated materials, means or methods, or engaging in production
contrary to rules of science or the trade; and any other act analogous to the
foregoing. For purposes of this clause, corrupt, fraudulent, collusive,
coercive, and obstructive practices shall have the same meaning as that
provided in ITB Clause 3.1(a):
(f) The Consultant fails to remedy a failure in the performance of their

obligations hereunder, as specified in a notice of suspension pursuant to
GCC Clause 15.2 hereinabove, within thirty (30) days of receipt of such
notice of suspension or within such further period as the Procuring Entity
may have subsequently approved in writing;
(g) The Consultant’s failure to comply with any final decision reached as a
result of arbitration proceedings pursuant to GCC Clause 34 hereof; or
(h) The Consultant fails to perform any other obligation under the Contract.
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27.2 In case of termination, written notice shall be understood to mean fifteen (15)
days for short term contracts, i.e., four (4) months or less, and thirty (30) days for
long term contracts.
28. Termination by the Consultant

The Consultant must serve a written notice to the Procuring Entity of its intention to
terminate this Contract at least thirty (30) calendar days before its intended termination.
This Contract is deemed terminated if no action has been taken by the Procuring Entity
with regard to such written notice within thirty (30) calendar days after the receipt thereof
by the Procuring Entity. The Consultant may terminate this Contract through any of the
following events:
(a) The Procuring Entity is in material breach of its obligations pursuant to this
Contract and has not remedied the same within sixty (60) calendar days following
its receipt of the Consultant’s notice specifying such breach;
(b) The Procuring Entity’s failure to comply with any final decision reached as a
result of arbitration pursuant to GCC Clause 34 hereof
(c) As the direct and proximate result of force majeure, the Consultant is unable to
perform a material portion of the Services for a period of not less than sixty (60)
days; or
(d) The Procuring Entity fails to pay any money due to the Consultant pursuant to this
Contract and not subject to dispute pursuant to GCC Clause 32 hereof within
eighty four (84) days after receiving written notice from the Consultant that such
payment is overdue.
29. Procedures for Termination of Contracts

The following provisions shall govern the procedures for the termination of this Contract:
(a) Upon receipt of a written report of acts or causes which may constitute ground(s)
for termination as aforementioned, or upon its own initiative, the Procuring Entity
shall, within a period of seven (7) calendar days, verify the existence of such
ground(s) and cause the execution of a Verified Report, with all relevant evidence
attached;
(b) Upon recommendation by the Procuring Entity, the HoPE shall terminate this
Contract only by a written notice to the Consultant conveying such termination.
The notice shall state:
(i) that the contract is being terminated for any of the ground(s) afore-
mentioned, and a statement of the acts that constitute the ground(s)
constituting the same;
(ii) the extent of termination, whether in whole or in part;
70
(iii) an instruction to the Consultant to show cause as to why the contract
should not be terminated; and
(iv) special instructions of the Procuring Entity, if any.
The Notice to Terminate shall be accompanied by a copy of the Verified Report;
(c) Within a period of seven (7) calendar days from receipt of the Notice of
Termination, the Consultant shall submit to the HoPE a verified position paper
stating why this Contract should not be terminated. If the Consultant fails to
show cause after the lapse of the seven (7) day period, either by inaction or by
default, the HoPE shall issue an order terminating this Contract;
(d) The Procuring Entity may, at anytime before receipt of the Consultant’s verified
position paper to withdraw the Notice to Terminate if it is determined that certain
services subject of the notice had been completed or performed before the
Consultant’s receipt of the notice;
(e) Within a non-extendible period of ten (10) calendar days from receipt of the
verified position paper, the HoPE shall decide whether or not to terminate this
Contract. It shall serve a written notice to the Consultant of its decision and,
unless otherwise provided, this Contract is deemed terminated from receipt of the
Consultant of the notice of decision. The termination shall only be based on the
ground(s) stated in the Notice to Terminate; and
(f) The HoPE may create a Contract Termination Review Committee (CTRC) to
assist him in the discharge of this function. All decisions recommended by the
CTRC shall be subject to the approval of the HoPE.
30. Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to GCC
Clauses 27 or 28 hereof, the Consultant shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep expenditures for this
purpose to a minimum. With respect to documents prepared by the Consultant and
equipment and materials furnished by the Procuring Entity, the Consultant shall proceed
as provided, respectively, by GCC Clauses 35 or 36 hereof.
31. Payment Upon Termination

Upon termination of this Contract pursuant to GCC Clauses 27 or 28 hereof, the
Procuring Entity shall make the following payments to the Consultant:
(a) remuneration pursuant to GCC Clause 53 hereof for Services satisfactorily

performed prior to the effective date of termination;
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(b) reimbursable expenditures pursuant to GCC Clause 53 hereof for expenditures
actually incurred prior to the effective date of termination; and
(c) in the case of termination pursuant to GCC Clause 27(b) hereof, reimbursement
of any reasonable cost incident to the prompt and orderly termination of this
Contract including the cost of the return travel of the Personnel and their eligible
dependents.
32. Disputes about Events of Termination

If either Party disputes whether an event specified in GCC Clause 27.1 or in GCC
Clause 28 hereof has occurred, such Party may refer the matter to arbitration pursuant to
GCC Clause 34 hereof, and this Contract shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.
33. Cessation of Rights and Obligations

Upon termination of this Contract pursuant to GCC Clauses 27 or 28 hereof, or upon
expiration of this Contract pursuant to GCC Clause 24, all rights and obligations of the
Parties hereunder shall cease, except:
(a) such rights and obligations as may have accrued on the date of termination or
expiration;
(b) the obligation of confidentiality set forth in GCC Clause 17 hereof; and
(c) the Consultant’s obligation to permit inspection, copying and auditing of their
accounts and records set forth in GCC Clauses 51(b) and 51(c) hereof, any right
which a Party may have under the Applicable Law.
34. Dispute Settlement

34.1 If any dispute or difference of any kind whatsoever shall arise between the Parties
in connection with the implementation of this Contract, the Parties shall make
every effort to resolve amicably such dispute or difference by mutual
consultation.
34.2 Any and all disputes arising from the implementation of this Contract shall be
submitted to arbitration in accordance with the rules of procedure specified in the
SCC.
35. Documents Prepared by the Consultant and Software Developed to be

the Property of the Procuring Entity
35.1 All plans, drawings, specifications, designs, reports, other documents and
software prepared by the Consultant for the Procuring Entity under this Contract
shall become and remain the property of the Procuring Entity, and the Consultant
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shall, prior to termination or expiration of this Contract, deliver all such
documents to the Procuring Entity, together with a detailed inventory thereof. The
Consultant may retain a copy of such documents and software. The plans,
drawings, specifications, designs, reports, other documents and software,
including restrictions on future use of such documents and software, if any, shall
be specified in the SCC.
35.2 All computer programs developed by the Consultant under this Contract shall be
the sole and exclusive property of the Procuring Entity; provided, however, that
the Consultant may use such programs for its own use with prior written approval
of the Procuring Entity. If license agreements are necessary or appropriate
between the Consultant and third parties for purposes of development of any such
computer programs, the Consultant shall obtain the Procuring Entity’s prior
written approval to such agreements. In such cases, the Procuring Entity shall be
entitled at its discretion to require recovering the expenses related to the
development of the program(s) concerned.
36. Equipment and Materials Furnished by the Procuring Entity

Equipment and materials made available to the Consultant by the Procuring Entity, or
purchased by the Consultant with funds provided by the Procuring Entity, shall be the
property of the Procuring Entity and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make available to the Procuring Entity an
inventory of such equipment and materials and shall dispose of such equipment and
materials in accordance with the Procuring Entity’s instructions. While in possession of
such equipment and materials, the Consultant, unless otherwise instructed by the
Procuring Entity in writing, shall insure it at the expense of the Procuring Entity in an
amount equal to their full replacement value.
37. Services, Facilities and Property of the Procuring Entity

The Procuring Entity shall make available to the Consultant and the Personnel, for the
purposes of the Services and free of any charge, the services, facilities and property
described in Appendix V at the terms and in the manner specified in said appendix,
provided that if such services, facilities and property shall not be made available to the
Consultant as and when so specified, the Parties shall agree on:
(a) any time extension that it may be appropriate to grant to the Consultant for the
performance of the Services;
(b) the manner in which the Consultant shall procure any such services, facilities and
property from other sources; and
(c) the additional payments, if any, to be made to the Consultant as a result thereof
pursuant to GCC Clause 52 hereinafter which should be within the agreed
contract ceiling.
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38. Consultant’s Actions Requiring Procuring Entity’s Prior Approval
The Consultant shall obtain the Procuring Entity’s prior approval in writing before taking
any of the following actions:
(a) appointing such members of the Personnel as are listed in Appendix III merely by
title but not by name;
(b) entering into a subcontract for the performance of any part of the Services, it
being understood that:
(i) the selection of the Subconsultant and the terms and conditions of the
subcontract shall have been approved in writing by the Procuring Entity
prior to the execution of the subcontract; and
(ii) the Consultant shall remain fully liable for the performance of the Services
by the Subconsultant and its Personnel pursuant to this Contract;
(c) replacement, during the performance of the contract for any reason, of any
Personnel as listed in Appendix III of this Contract requiring the Procuring
Entity’s prior approval; and
(d) any other action that may be specified in the SCC.
39. Personnel
39.1 The Consultant shall employ and provide such qualified and experienced
Personnel and Subconsultants as are required to carry out the Services.
39.2 The title, agreed job description, minimum qualification and estimated period of
engagement in the carrying out of the Services of each of the Consultant’s Key
Personnel are described in Appendix III.
39.3 The Key Personnel and Subconsultants listed by title as well as by name in
Appendix III are hereby approved by the Procuring Entity. In respect of other
Key Personnel which the Consultant proposes to use in the carrying out of the
Services, the Consultant shall submit to the Procuring Entity for review and
approval a copy of their biographical data and, in the case of Key Personnel to be
assigned within the GoP, a copy of a satisfactory medical certificate attached as
part of Appendix III. If the Procuring Entity does not object in writing; or if it
objects in writing but fails to state the reasons for such objection, within twenty-
one (21) calendar days from the date of receipt of such biographical data and, if
applicable, such certificate, the Key Personnel concerned shall be deemed to have
been approved by the Procuring Entity.
39.4 The Procuring Entity may request the Consultants to perform additional services
not covered by the original scope of work but are determined by the Procuring
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Entity to be critical for the satisfactory completion of the Services, subject to
GCC Clause 55.6.
39.5 No changes shall be made in the Key Personnel, except for justifiable reasons as
may be determined by the Procuring Entity, as indicated in the SCC, and only
upon prior approval of the Procuring Entity. If it becomes justifiable and
necessary to replace any of the Personnel, the Consultant shall forthwith provide
as a replacement a person of equivalent or better qualifications. If the Consultant
introduces changes in Key Personnel for reasons other than those mentioned in
the SCC, the Consultant shall be liable for the imposition of damages as described
in the SCC.
39.6 Any of the Personnel provided as a replacement under GCC Clauses 39.5 and
39.7, the rate of remuneration applicable to such person as well as any
reimbursable expenditures the Consultant may wish to claim as a result of such
replacement, shall be subject to the prior written approval by the Procuring Entity.
Except as the Procuring Entity may otherwise agree, the Consultant shall bear all
additional travel and other costs arising out of or incidental to any removal and/or
replacement, and the remuneration to be paid for any of the Personnel provided as
a replacement shall not exceed the remuneration which would have been payable
to the Personnel replaced.
39.7 If the Procuring Entity finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action as
defined in the Applicable Law, or has reasonable cause to be dissatisfied with the
performance of any of the Personnel, then the Consultant shall, at the Procuring
Entity’s written request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the
Procuring Entity.
40. Working Hours, Overtime, Leave, etc.

40.1 Working hours and holidays for Key Personnel are set forth in Appendix III. Any
travel time prior to and after contract implementation shall not be considered as
part of the working hours.
40.2 The Key Personnel shall not be entitled to claim payment for overtime work, sick
leave, or vacation leave from the Procuring Entity since these items are already
covered by the Consultant’s remuneration. All leaves to be allowed to the
Personnel are included in the staff-months of service set forth in Appendix III.
Taking of leave by any Personnel should not delay the progress and adequate
supervision of the Services.
40.3 If required to comply with the provisions of GCC Clause 43.1 hereof,
adjustments with respect to the estimated periods of engagement of Key
Personnel set forth in Appendix III may be made by the Consultant by prior
written notice to the Procuring Entity, provided that:
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(a) such adjustments shall not alter the originally estimated period of
engagement of any individual by more than ten percent (10%); and
(b) the aggregate of such adjustments shall not cause payments under this
Contract to exceed the ceilings set forth in GCC Clause 52.1 of this
Contract. Any other such adjustments shall only be made with the
Procuring Entity’s prior written approval.
41. Counterpart Personnel

41.1 If so provided in Appendix III hereto, the Procuring Entity shall make available to
the Consultant, as and when provided in such Appendix III, and free of charge,
such Counterpart Personnel to be selected by the Procuring Entity, with the
Consultant’s advice, as shall be specified in such Appendix III. Counterpart
Personnel shall work with the Consultant. If any member of the Counterpart
Personnel fails to perform adequately any work assigned to such member by the
Consultant which is consistent with the position occupied by such member, the
Consultant may request the replacement of such member, and the Procuring
Entity shall not unreasonably refuse to act upon such request.
41.2 The responsibilities of the Counterpart Personnel shall be specified in Appendix

III, attached hereto, and the Counterpart Personnel shall not perform any work
beyond the said responsibilities.
41.3 If Counterpart Personnel are not provided by the Procuring Entity to the
Consultant as and when specified in Appendix III, and or if the Counterpart
Personnel lack the necessary training, experience or authority to effectively
undertake their responsibilities, the Procuring Entity and the Consultant shall
agree on how the affected part of the Services shall be carried out, and the
additional payments, if any, to be made by the Procuring Entity to the Consultant
as a result thereof pursuant to GCC Clause 52 hereof.
42. Performance Security

42.1 Unless otherwise specified in the SCC, 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 Consultant shall furnish the
performance security in any the forms prescribed in the ITB Clause 32.2.
42.2 The performance security posted in favor of the Procuring Entity shall be forfeited
in the event it is established that the Consultant is in default in any of its
obligations under the contract.
42.3 The performance security shall remain valid until issuance by the Procuring
Entity of the Certificate of Final Acceptance.
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42.4 The performance security may be released by the Procuring Entity and returned to
the Consultant after the issuance of the Certificate of Final Acceptance subject to
the following conditions:
(a) There are no pending claims against the Consultant or the surety company
filed by the Procuring Entity;
(b) The Consultant has no pending claims for labor and materials filed against
it; and
(c) Other terms specified in the SCC.
42.5 In case of a reduction of the contract value, 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.
43. Standard of Performance

43.1 The Consultant shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods.
43.2 The Consultant shall always act, in respect of any matter relating to this Contract
or to the Services, as faithful advisers to the Procuring Entity, and shall at all
times support and safeguard the Procuring Entity’s legitimate interests in any
dealings with Subconsultants or third parties.
43.3 The Consultant shall furnish to the Procuring Entity such information related to
the Services as the Procuring Entity may from time to time reasonably request.
43.4 The Consultant shall at all times cooperate and coordinate with the Procuring
Entity with respect to the carrying out of its obligations under this Contract.
44. Consultant Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultant pursuant to GCC Clause 53 hereof shall constitute
the Consultant’s sole remuneration in connection with this Contract or the Services and,
subject to GCC Clause 45 hereof, the Consultant shall not accept for their own benefit
any trade commission, discount or similar payment in connection with activities pursuant
to this Contract or to the Services or in the discharge of their obligations hereunder, and
the Consultant shall use its best efforts to ensure that any Subconsultants, as well as the
Personnel and agents of either of them, similarly shall not receive any such additional
remuneration.
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45. Procurement by the Consultant
If the Consultant, as part of the Services, has the responsibility of advising or procuring
goods, works or services, for the Procuring Entity, the Consultant shall comply with any
applicable procurement guidelines of the Funding Source, and shall at all times exercise
such responsibility in the best interest of the Procuring Entity. Any discounts or
advantages obtained by the Consultant in the exercise of such procurement responsibility
shall be for the benefit of the Procuring Entity.
46. Specifications and Designs

46.1 The Consultant shall prepare all specifications and designs using the metric
system and shall embody the best design criteria applicable to Philippine
conditions. The Consultant shall specify standards which are accepted and well-
known among industrial nations.
46.2 The Consultant shall ensure that the specifications and designs and all
documentation relating to procurement of goods and services for this Contract are
prepared on an impartial basis so as to promote national and international
competitive bidding.
47. Reports
The Consultant shall submit to the Procuring Entity the reports, deliverables and
documents in English, in the form, in the numbers, and within the time periods set forth
in Appendix II.
48. Assistance by the Procuring Entity on Government Requirements

48.1 The Procuring Entity may assist the Consultant, Subconsultants, and Personnel in
the payment of such taxes, duties, fees and other impositions as may be levied
under the Applicable Law by providing information on the preparation of
necessary documents for payment thereof.
48.2 The Procuring Entity shall use its best efforts to ensure that the Government shall:
(a) provide the Consultant, Subconsultants, and Personnel with work permits
and such other documents as shall be necessary to enable the Consultant,
Subconsultants, or Personnel to perform the Services;
(b) arrange for the foreign Personnel and, if appropriate, their eligible
dependents to be provided promptly with all necessary entry and exit
visas, residence permits, and any other documents required for their stay
in the Philippines for the duration of the Contract;
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(c) facilitate prompt clearance through customs of any property required for
the Services and of the necessary personal effects of the foreign Personnel
and their eligible dependents;
(d) issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services; and
(e) grant to foreign Consultant, any foreign Subconsultant and the Personnel of either
of them the privilege, pursuant to the Applicable Law, of bringing into the
Government’s country reasonable amounts of foreign currency for purposes of the
Services or for the personal use of the foreign Personnel and their dependents.
49. Access to Land

The Procuring Entity warrants that the Consultant shall have, free of charge, unimpeded
access to all lands in the Philippines in respect of which access is required for the
performance of the Services. The Procuring Entity shall be responsible for any damage to
such land or any property thereon resulting from such access and shall indemnify the
Consultant and each of the Personnel in respect of liability for any such damage, unless
such damage is caused by the default or negligence of the Consultant or any
Subconsultant or the Personnel of either of them.
50. Subcontract
50.1 Subcontracting of any portion of the Consulting Services, if allowed in the BDS,
does not relieve the Consultant of any liability or obligation under this Contract.
The Consultant will be responsible for the acts, defaults, and negligence of any
subconsultant, its agents, servants or workmen as fully as if these were the
Consultant’s own acts, defaults, or negligence, or those of its agents, servants or
workmen.
50.2 Subconsultants disclosed and identified during the bidding may be changed
during the implementation of this Contract, subject to compliance with the
required qualifications and the approval of the Procuring Entity.
51. Accounting, Inspection and Auditing

51.1 The Consultant shall:
(a) keep accurate and systematic accounts and records in respect of the
Services hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as shall clearly identify
all relevant time changes and costs, and the bases thereof;
(b) permit the Procuring Entity or its designated representative and or the
designated representative of the Funding Source at least once for short-
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term Contracts, and annually in the case of long-term Contracts, and up to
one year from the expiration or termination of this Contract, to inspect the
same and make copies thereof as well as to have them audited by auditors
appointed by the Procuring Entity; and
(c) permit the Funding Source to inspect the Consultant’s accounts and
records relating to the performance of the Consultant and to have them
audited by auditors approved by the Funding Source, if so required.
51.2 The basic purpose of this audit is to verify payments under this Contract and, in
this process, to also verify representations made by the Consultant in relation to
this Contract. The Consultant shall cooperate with and assist the Procuring Entity
and its authorized representatives in making such audit. In the event the audit
discloses that the Consultant has overcharged the Procuring Entity, the Consultant
shall immediately reimburse the Procuring Entity an amount equivalent to the
amount overpaid. If overpayment is a result of the Consultant having been
engaged in what the Procuring Entity (or, as the case may be, the Funding Source)
determines to constitute corrupt, fraudulent, or coercive practices, as defined in
GCC Clause 27(e) and under the Applicable Law, the Procuring Entity shall,
unless the Procuring Entity decides otherwise, terminate this Contract.
51.3 The determination that the Consultant has engaged in corrupt, fraudulent, coercive
practices shall result in the Procuring Entity and/or the Funding Source seeking the
imposition of the maximum administrative, civil and criminal penalties up to and
in including imprisonment.
52. Contract Cost

52.1 Except as may be otherwise agreed under GCC Clause 10, payments under this
Contract shall not exceed the ceiling specified in the SCC. The Consultant shall
notify the Procuring Entity as soon as cumulative charges incurred for the
Services have reached eighty percent (80%) of this ceiling.
52.2 Unless otherwise specified in the SCC, the cost of the Services shall be payable in
Philippine Pesos and shall be set forth in the Appendix IV attached to this
Contract.
53. Remuneration and Reimbursable Expenditures

53.1 Payments of Services do not relieve the Consultant of any obligation hereunder.
53.2 Remuneration for the Personnel shall be determined on the basis of time actually
spent by such Personnel in the performance of the Services including other
additional factors indicated in the SCC after the date determined in accordance
with GCC Clause 22, or such other date as the Parties shall agree in writing,
including time for necessary travel via the most direct route, at the rates referred
to, and subject to such additional provisions as are set forth, in the SCC.
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53.3 Remuneration for periods of less than one month shall be calculated on an hourly
basis for time spent in home office (the total of 176 hours per month shall apply)
and on a calendar-day basis for time spent away from home office (1 day being
equivalent to 1/30th of a month).
53.4 Reimbursable expenditures actually and reasonably incurred by the Consultants in

the performance of the Services are provided in the SCC.
53.5 Billings and payments in respect of the Services shall be made as follows:
(a) The Procuring Entity shall cause to be paid to the Consultant an advance
payment as specified in the SCC, and as otherwise set forth below. The
advance payment shall be due after the Consultant provides an irrevocable
standby letter of credit in favor of the Procuring Entity issued by an entity
acceptable to the Procuring Entity in accordance with the requirements
provided in the SCC.
(b) As soon as practicable and not later than fifteen (15) days after the end of
each calendar month during the period of the Services, the Consultant
shall submit to the Procuring Entity, in duplicate, itemized statements,
accompanied by copies of receipted invoices, vouchers and other
appropriate supporting materials, of the amounts payable pursuant to GCC
Clauses 52.1 and 53 for such month. Separate monthly statements shall be
submitted in respect of amounts payable in foreign currency and in local
currency. Each separate monthly statement shall distinguish that portion
of the total eligible costs which pertains to remuneration from that portion
which pertains to reimbursable expenditures.
(c) The Procuring Entity shall cause the payment of the Consultant’s monthly
statements within sixty (60) days after the receipt by the Procuring Entity
of such statements with supporting documents. Only such portion of a
monthly statement that is not satisfactorily supported may be withheld
from payment. Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultant, the
Procuring Entity may add or subtract the difference from any subsequent
payments. Interest shall be paid for delayed payments following the rate
provided in the SCC.
54. Final Payment

54.1 The final payment shall be made only after the final report and a final statement,
identified as such, shall have been submitted by the Consultant and approved as
satisfactory by the Procuring Entity. The Services shall be deemed completed and
finally accepted by the Procuring Entity and the final report and final statement
shall be deemed approved by the Procuring Entity as satisfactory ninety (90)
calendar days after receipt of the final report and final statement by the Procuring
Entity unless the Procuring Entity, within such ninety (90)-day period, gives
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written notice to the Consultant specifying in detail deficiencies in the Services,
the final report or final statement. The Consultant shall thereupon promptly make
any necessary corrections within a maximum period of ninety (90) calendar days,
and upon completion of such corrections, the foregoing process shall be repeated.
54.2 Any amount which the Procuring Entity has paid or caused to be paid in
accordance with this clause in excess of the amounts actually payable in
accordance with the provisions of this Contract shall be reimbursed by the
Consultant to the Procuring Entity within thirty (30) days after receipt by the
Consultant of notice thereof. Any such claim by the Procuring Entity for
reimbursement must be made within twelve (12) calendar months after receipt by
the Procuring Entity of a final report and a final statement approved by the
Procuring Entity in accordance with the above.
55. Lump Sum Contracts

55.1 For Lump Sum Contracts when applicable, notwithstanding the terms of GCC
Clauses 10, 18.1, 31(c), 41.3, 53.2, 53.3, 53.4, 53.5, and 54.1, the provisions
contained hereunder shall apply.
55.2 Personnel - Any replacement approved by the Procuring Entity in accordance

with ITB Clause 27.3 shall be provided by the Consultant at no additional cost.
55.3 Staffing Schedule - Should the rate of progress of the Services, or any part hereof,
be at any time in the opinion of the Procuring Entity too slow to ensure that the
Services are completed in accordance with the Staffing Schedule, the Procuring
Entity shall so notify the Consultant in writing and the Consultant shall at its sole
cost and expense, thereupon take such steps as necessary, subject to the Procuring
Entity’s approval, or as reasonably required by the Procuring Entity, to expedite
progress so as to ensure that the Services are completed in accordance with the
Staffing Schedule.
55.4 Final payment pursuant to the Payment Schedule in Appendices IV and V shall be
made by the Procuring Entity after the final report has been submitted by the
Consultant and approved by the Procuring Entity.
55.5 Termination - Upon the receipt or giving of any notice referred to in GCC Clause
29 and if the Consultant is not in default under this Contract and has partly or
substantially performed its obligation under this Contract up to the date of
termination and has taken immediate steps to bring the Services to a close in
prompt and orderly manner, there shall be an equitable reduction in the maximum
amount payable under this Contract to reflect the reduction in the Services,
provided that in no event shall the Consultant receive less than his actual costs up
to the effective date of the termination, plus a reasonable allowance for overhead
and profit.
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55.6 Unless otherwise provided in the SCC, no additional payment for variation order,
if any, shall be allowed for this Contract.
56. Liquidated Damages for Delay

If the Consultant fails to deliver any or all of the Services within the period(s) specified in
this Contract, the Procuring Entity shall, without prejudice to its other remedies under
this Contract and under the Applicable Law, deduct from the contract price, as liquidated
damages, a sum equivalent to one-tenth of one percent of the price of the unperformed
portion of the Services for each day of delay based on the approved contract schedule up
to a maximum deduction of ten percent (10%) of the contract price. Once the maximum
is reached, the Procuring Entity may consider termination of this Contract pursuant to
GCC Clause 27.
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Section V. Special Conditions of
Contract
Notes on the Special Conditions of Contract

Similar to the BDS in Section III, the Clauses in this Section are intended to assist the
Procuring Entity in providing contract-specific information in relation to corresponding
clauses in the GCC.
The provisions of Section V complement the GCC included in Section IV, specifying
contractual requirements linked to the special circumstances of the Procuring Entity, the
Procuring Entity’s country, the sector, and the Services purchased. In preparing Section V,
the following aspects should be checked:
(a) Information that complements provisions of Section IV must be incorporated.
(b) Amendments and/or supplements to provisions of Section IV, 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 Section IV should be incorporated herein.
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Special Conditions of Contract
GCC Clause
1.1(g) The Funding Source is:
The Government of the Philippines (GoP)
Corporate Operating Budget (COB) CY 2022
6.2(b) For a period of two years after the expiration of this Contract, the
Consultant shall not engage, and shall cause its Personnel as well as their
Subconsultants and its Personnel not to engage, in the activity of a
purchaser (directly or indirectly) of the assets on which they advised the
Procuring Entity under this Contract nor in the activity of an adviser
(directly or indirectly) of potential purchasers of such assets. The
Consultant also agree that their affiliates shall be disqualified for the same
period of time from engaging in the said activities.
7 Not applicable.
8 Not Applicable.
12 The Authorized Representatives are as follows:

For the Procuring Entity: GILEU MICHAEL O. DIMOLOY
Department Manager A/HOPE
For the Consultant:
NOTE: Name of authorized representative to be filled out by winning

consultant prior to contract signing.
15.1 The addresses are:
Procuring Entity: NIA-MARIIS Head Office

Attention: : GILEU MICHAEL O. DIMOLOY
Address: NIA-MARIIS, Minante I, Cauayan City, Isabela
Facsimile: N/A
Email Address: [email protected]
Consultants: [insert name of the Consultant]

Attention: [insert name of the Consultant’s authorized representative]
Address:
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Facsimile:
Email Address:
NOTE: Contact details to be filled out by winning consultant prior to

contract signing.
15.2 Notice shall be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, electronic mail;
18.3 State here Consultant’s account where payment may be made.
NOTE: Details of account to be filled out by winning consultant prior to

contract signing.
20 No additional provision.
22 The effectiveness conditions are the following:
Procuring Entity’s approval of Consultant’s bid for appointment of

specified key staff members, effectiveness of Appropriations, Loans or
Credits, receipt by Consultant of advance payment and by Procuring
Entity of advance payment guarantee.
24 The time period shall be until the completion of the construction of NIA-
MARIIS Training Center or such other time period as the parties may
agree in writing.
34.2 Any and all disputes arising from the implementation of this contract shall
be submitted to arbitration in the Philippines according to the provisions
of Republic Acts 876 and 9285, as required in Section 59 of the IRR of
RA 9184.
35.1 The drawings, specifications, designs, reports, other documents and

software prepared by the Consultant for the Procuring Entity under this
Contract that shall become and remain the property of the Procuring
Entity are as follows:
As specified in the TOR.
38.1(d) The Consultant’s actions requiring the Procuring Entity’s prior approval
are:
All actions that may require Procuring Entity’s approval.
86
39.5 The Consultant may change its Key Personnel only for justifiable reasons
as may be determined by the Procuring Entity, such as death, serious
illness, incapacity of an individual Consultant, resignation, among others,
or until after fifty percent (50%) of the Personnel’s man-months have been
served.
Violators will be fined an amount equal to the refund of the replaced

Personnel's basic rate, which should be at least fifty percent (50%) of the
total basic rate for the duration of the engagement.
42.4(c) “No further instructions”.
52.1 The total ceiling amount in Philippine Pesos is the Contract Amount.
53.2 No additional instructions.
53.4 Not applicable.
53.5(a) Not applicable.
(c) Interest rate is zero.
87
Section VI. Terms of Reference
[Terms of Reference normally contain the following sections: (a) Background; (b)
Objectives; (c) Scope of the Services; (d) Training (when appropriate); (e) Reports and
Time Schedule; and (f) Data, Local Services, Personnel, and Facilities to be provided by
the Procuring Entity.]
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
Section VII. Bidding Forms
Eligibility Documents Submission Form ......................................................... 105
Technical Proposal Forms................................................................................ 106
Omnibus Sworn Statement …………………………………………………..118
Bid Securing Declaration …………………………………………………….121

Financial Proposal Forms ................................................................................ 122
Form of Contract Agreement ........................................................................... 129
104
ELIGIBILITY DOCUMENTS SUBMISSION FORM
[Date]
[Name and address of the Procuring Entity]
Ladies/Gentlemen:
In connection with your Request for Expression of Interest dated [insert date] for [Title
of Project], [Name of Consultant] hereby expresses interest in participating in the eligibility and
short listing for said Project and submits the attached eligibility documents in compliance with
the Eligibility Documents therefor.
In line with this submission, we certify that:
a) [Name of Consultant] is not blacklisted or barred from bidding by the GoP or any of
its agencies, offices, corporations, LGUs, or autonomous regional government,
including foreign government/foreign or international financing institution; and
b) Each of the documents submitted herewith is an authentic copy of the original,

complete, and all statements and information provided therein are true and correct.
We acknowledge and accept the Procuring Entity’s right to inspect and audit all records
relating to our submission irrespective of whether we are declared eligible and short listed or not.
We further acknowledge that failure to sign this Eligibility Document Submission Form
shall be a ground for our disqualification.
Yours sincerely,
Signature
Name and Title of Authorized Signatory
Name of Consultant
Address
105
TECHNICAL PROPOSAL FORMS
Notes for Consultants

The following summarizes the content and maximum number of pages permitted for the
Technical Proposal. A page is considered to be one printed side of A4 or letter sized paper.
Cover Letter
Use TPF 1. Technical Proposal Submission Form.
Experience of the Firm
Maximum of [insert acceptable number of pages] introducing the background and general
experience of the Consultant, including its partner(s) and subconsultants, if any.
Maximum of [insert acceptable number of pages] completed projects in the format of TPF 2.
Consultant’s References illustrating the relevant experience of the Consultant, including its
partner and subconsultants, if any. No promotional material should be included.
General approach and methodology, work and staffing schedule
Use TPF 4. Description of the Methodology and Work Plan for Performing the Project, TPF
5. Team Composition and Task , TPF 7. Time Schedule for Professional Personnel, and TPF
8. Activity (Work) Schedule.
If subcontracting is allowed, add the following: If the Consultant will engage a subconsultant
for the portions of the Consulting Services allowed to be subcontracted, the Consultant shall
indicate which portions of the Consulting Services will be subcontracted, identify the
corresponding subconsultant, and include the legal eligibility documents of such
subconsultant.
Curriculum Vitae (CV)
Use TPF 6. Format of Curriculum Vitae (CV) for Proposed Professional Staff.
Comments on the terms of reference and data and facilities to be provided by the
Procuring Entity
Not more than [insert acceptable number of pages] using TPF 3. Comments and Suggestions
of Consultant on the Terms of Reference and on Data, Services, and Facilities to be Provided
by the
106
TPF 1. TECHNICAL PROPOSAL SUBMISSION FORM
[Date]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for [Title of Project] in
accordance with your Bidding Documents dated [insert date] and our Bid. We are hereby
submitting our Bid, which includes this Technical Proposal, and a Financial Proposal sealed
under a separate envelope.
In accordance with ITB Clause 21.1, we confirm that the information contained in the
eligibility documents submitted earlier together with the Expression of Interest remain correct as
of the date of bid submission.
If negotiations are held during the period of bid validity, i.e., before [insert date], we
undertake to negotiate on the basis of the proposed staff. Our Bid is binding upon us and subject
to the modifications resulting from contract negotiations.
In accordance with GCC Clause 51, we acknowledge and accept the Procuring Entity’s
right to inspect and audit all records relating to our Bid irrespective of whether we enter into a
contract with the Procuring Entity as a result of this Bid or not.
We understand you are not bound to accept any Bid received for the selection of a
consultant for the Project.
We acknowledge that failure to sign this Technical Proposal Submission Form and the
abovementioned Financial Proposal Submission Form shall be a ground for the rejection of our
Bid.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
107
TPF 2. CONSULTANT’S REFERENCES
Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications
Using the format below, provide information on each project for which your firm/entity, either
individually, as a corporate entity, or as one of the major companies within an association, was
legally contracted.
Project Name: Country:
Location within Country: Professional Staff Provided by Your

Firm/Entity(profiles):
Name of Client: No of Staff:
Address: No of Staff-Months; Duration of Project:
Start Date (Month/Year): Completion Date (Month/Year): Approx. Value of Services (in Current
US$):
Name of Associated Consultants, if any: No of Months of Professional Staff

Provided by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:
Narrative Description of Project:
Description of Actual Services Provided by Your Staff:
Consultant’s Name:
108
TPF 3. COMMENTS AND SUGGESTIONS OF CONSULTANT ON THE TERMS OF
REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE
PROCURING ENTITY
On the Terms of Reference:
1.
2.
3.
4.
5.
On the data, services, and facilities to be provided by the Procuring Entity:
1.
2.
3.
4.
5.
109
TPF 4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR
PERFORMING THE PROJECT
110
TPF 5. TEAM COMPOSITION AND TASK
1. Technical/Managerial Staff
Name Position Task
2. Support Staff
Name Position Task
3 Where applicable, indicate relationships among the Consultant and any partner and/or subconsultant, the Procuring Entity, the
Funding Source and other parties or stakeholders.
111
TPF 6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL
STAFF
Proposed Position:
Name of Firm:
Name of Staff:
Profession:
Date of Birth:
Years with Firm/Entity: Nationality:
Membership in Professional Societies:
Detailed Tasks Assigned:
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on project. Describe degree of
responsibility held by staff member on relevant previous projects and give dates and locations. Use about half a
page.]
Education:
[Summarize college/university and other specialized education of staff members, giving names of schools, dates
attended, and degrees obtained. Use about one quarter of a page.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by staff member
since graduation, giving dates, names of employing organizations, titles of positions held, and locations of projects.
For experience in last ten years, also give types of activities performed and client references, where appropriate.
Use about two pages.]
112
Languages:
[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.
Commitment:
I also commit to work for the Project in accordance with the time schedule as indicated in the
contract once the firm is awarded the Project.
Date:
[Signature of staff member and authorized representative of the firm] Day/Month/Year
Full name of staff member: _______________________________________________

Full name of authorized representative: ______________________________________
SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of

execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me
through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.
No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card
used], with his/her photograph and signature appearing thereon, with no. ______.
Witness my hand and seal this ___ day of [month] [year].
NAME OF NOTARY PUBLIC
Serial No. of Commission ___________

Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
113
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___
Series of ____.
114
TPF 7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
Months (in the Form of a Bar Chart)

Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months
Subtotal (1)
Subtotal (2)
Subtotal (3)
Subtotal (4)
Full-time: Part-time:
Reports Due:
Activities Duration:
Location Signature:
(Authorized representative)
Full Name:
Title:
Address:
115
TPF 8. ACTIVITY (WORK) SCHEDULE
A. Field Investigation and Study Items
[1st, 2nd, etc. are months from the start of project.]
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
Activity (Work)
_________________
_________________
_________________
_________________
B. Completion and Submission of Reports
Reports Date
1. Inception Report
2. Interim Progress Report

(a) First Status Report
(b) Second Status Report
3. Draft Report
4. Final Report
116
OMNIBUS SWORN STATEMENT
REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of
Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:
1. Select one, delete the other:
If a sole proprietorship: I am the sole proprietor or authorized representative of [Name of

Consultant] with office address at [address of Consultant];
If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and

designated representative of [Name of Consultant] with office address at [address of
Consultant];
2. Select one, delete the other:
If a sole proprietorship: As the owner and sole proprietor or authorized representative of

[Name of Consultant], I have full power and authority to do, execute and perform any
and all acts necessary to participate, submit the bid, and to sign and execute the ensuing
contract for [Name of the Project] of the [Name of the Procuring Entity][insert “as
shown in the attached duly notarized Special Power of Attorney” for authorized
representative];
If a partnership, corporation, cooperative, or joint venture: I am granted full power and

authority to do, execute and perform any and all acts necessary to participate, submit the
bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name
of the Procuring Entity], accompanied by the duly notarized Special Power of Attorney,
Board/Partnership Resolution, or Secretary’s Certificate, whichever is applicable;
3. [Name of Consultant] is not “blacklisted” or barred from bidding by the Government of

the Philippines or any of its agencies, offices, corporations, or Local Government Units,
foreign government/foreign or international financing institution whose blacklisting rules
have been recognized by the Government Procurement Policy Board;
4. Each of the documents submitted in satisfaction of the bidding requirements is an

authentic copy of the original, complete, and all statements and information provided
therein are true and correct;
117
5. [Name of Consultant] is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;
6. Select one, delete the rest:
If a sole proprietorship: The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project Management Office or
the end-user unit, and the project consultants by consanguinity or affinity up to the third
civil degree;
If a partnership or cooperative: None of the officers and members of [Name of Bidder] is
related to the Head of the Procuring Entity, members of the Bids and Awards Committee
(BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by consanguinity or
affinity up to the third civil degree;
If a corporation or joint venture: None of the officers, directors, and controlling
stockholders of [Name of Consultant] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group, and
the BAC Secretariat, the head of the Project Management Office or the end-user unit, and
the project consultants by consanguinity or affinity up to the third civil degree;
7. [Name of Consultant] complies with existing labor laws and standards; and
8. [Name of Consultant] is aware of and has undertaken the following responsibilities as a
Bidder:
a) Carefully examine all of the Bidding Documents;
b) Acknowledge all conditions, local or otherwise, affecting the implementation of the
Contract;
c) Made an estimate of the facilities available and needed for the contract to be bid, if
any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project].
9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount, fee,
or any form of consideration, pecuniary or otherwise, to any person or official, personnel
or representative of the government in relation to any procurement project or activity.
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.
______________________________________
[Bidder’s Representative/Authorized Signatory]
118

Doc. No. ___
Page No. ___
Book No. ___
Series of ___
119
Bid-Securing Declaration
(REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________ ) S.S.
x-------------------------------------------------------x
Invitation to Bid [Insert reference number]
To: [Insert name and address of the Procuring Entity]
I/We, the undersigned, declare that:
1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid-Securing Declaration.
2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract
with any procuring entity for a period of two (2) years upon receipt of your Blacklisting
Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines
on the Use of Bid Securing Declaration, within fifteen (15) days from receipt of written
demand by the procuring entity for the commission of acts resulting to the enforcement of the
bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1 (f), of the
IRR of RA 9184; without prejudice to other legal action the government may undertake.
3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the following
circumstances:
a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right;
c. I am/we are declared as the bidder with the Highest Rated Responsive Bid, and I/we have
furnished the performance security and signed the Contract.
120
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].
[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]

[Insert signatory’s legal capacity]
Affiant


Doc. No. ___
Page No. ___
Book No. ___
Series of ____.
121
FINANCIAL PROPOSAL FORMS
Notes for Consultants

The following summarizes the content of the Financial Proposal.
Cover Letter
Use FPF 1. Financial Proposal Submission Form, which is an acknowledgement that, in

preparation and submission of the Technical and Financial Proposals, Consultants have:
(f) followed the applicable rules and guidelines indicated in this ITB;
(g) not taken any action which is or constitutes a corrupt, fraudulent, or coercive practice
as defined in the applicable rules and guidelines; and
(h) agrees to allow the Procuring Entity and the Funding Source, at their option, to
inspect and audit all accounts, documents, and records relating to the its Bid and to
the performance of the ensuing contract.
Costs of Consulting Services
Use FPF 2. Summary of Costs; FPF 3. Breakdown of Price per Activity; FPF 4. Breakdown
of Remuneration per Activity; FPF 5. Reimbursables per Activity; and FPF 6.
Miscellaneous Expenses.
122
FPF 1. FINANCIAL PROPOSAL SUBMISSION FORM
[Date]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for [Title of Project] in
accordance with your Bidding Documents dated [insert date] and our Bid (Technical and
Financial Proposals). Our attached Financial Proposal is for the sum of [amount in words and
figures]. This amount is exclusive of the local taxes, which we have estimated at [amount(s) in
words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the bid validity period, i.e., [Date].
In accordance with GCC Clause 51, we acknowledge and accept the Procuring Entity’s
right to inspect and audit all records relating to our Bid irrespective of whether we enter into a
contract with the Procuring Entity as a result of this Bid.
We confirm that we have read, understood and accept the contents of the Instructions to
Bidders (ITB), the Bid Data Sheet (BDS), General Conditions of Contract (GCC), Special
Conditions of Contract (SCC), Terms of Reference (TOR), the provisions relating to the
eligibility of Consultant and the applicable guidelines for the procurement rules of the Funding
Source, any and all Bid bulletins issued and other attachments and inclusions included in the
Bidding Documents sent to us.
We understand you are not bound to accept any Bid you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
123
FPF 2. SUMMARY OF COSTS
Costs Currency(ies)2 Amount in Philippine Peso
Subtotal
Local Taxes
Total Amount of Financial Proposal ______________________
2 In cases of contracts involving foreign consultants, indicate the exchange rate used.
124
FPF 3. BREAKDOWN OF PRICE PER ACTIVITY
Activity No.:____________________ Activity No.:_____________________ Description:_____________________
Price Component Currency(ies)3 Amount in Philippine Peso
Remuneration
Reimbursables
Miscellaneous Expenses
Subtotal ____________________________
3 In cases of contracts involving foreign consultants, indicate the exchange rate used.
125
FPF 4. BREAKDOWN OF REMUNERATION PER ACTIVITY
Activity No._____________________________________ Name:______________________________
Remuneration
Names Position Input4 Currency(ies) Rate Amount
Regular staff
Local staff
Consultants
Grand Total ___________________
4 Staff months, days, or hours as appropriate.
126
FPF 5. REIMBURSABLES PER ACTIVITY
Activity No:_________________________________ Name:_____________________
No. Description Unit Quantity Unit Price In Total Amount In

1. International flights Trip
_____________________________
2. Miscellaneous travel expenses Trip
3. Subsistence allowance Day
4. Local transportation costs5
5. Office rent/accommodation/
clerical assistance
Grand Total ________________
5 Local transportation costs are not included if local transportation is being made available by the Entity. Similarly, in the project site, office rent/accommodations/clerical
assistance costs are not to be included if being made available by the Entity.
127
FPF 6. MISCELLANEOUS EXPENSES
Activity No.______________________ Activity Name: ________________________
No. Description Unit Quantity Unit Price Total

Amount
1. Communication costs between

______________________and
_________________________
(telephone, telegram, telex)
2. Drafting, reproduction of
reports
3. Equipment: vehicles,
computers, etc.
4. Software
Grand Total _______
128
FORM OF CONTRACT AGREEMENT
THIS AGREEMENT, made this [insert date] day of [insert month], [insert year]
between [name and address of Procuring Entity] (hereinafter called the“Entity”) and [name and
address of Consultant] (hereinafter called the “Consultant”).
WHEREAS, the Entity is desirous that the Consultant execute [name and identification
number of contract] (hereinafter called “the Works”) and the Entity has accepted the bid for
[insert the amount in specified currency in numbers and words] by the Consultant for the
execution and completion of such Consulting Services and the remedying of any defects therein.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be attached, deemed to form, and be read and
construed as part of this Agreement, to wit:
(a) General and Special Conditions of Contract;

(b) Terms of Reference
(c) Request for Expression of Interest;
(d) Instructions to Bidders;
(e) Bid Data Sheet;
(f) Addenda and/or Supplemental/Bid Bulletins, if any;
(g) Bid forms, including all the documents/statements contained in the
Bidder’s bidding envelopes, as annexes, 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;
(h) Eligibility requirements, documents and/or statements;
(i) Performance Security;
(j) Notice of Award of Contract and the Bidder’s conforme thereto;
(k) Other contract documents that may be required by existing laws and/or the
Entity.
3. In consideration of the payments to be made by the Entity to the Consultant as

hereinafter mentioned, the Consultant hereby covenants with the Entity to execute
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and complete the Consulting Services and remedy any defects therein in
conformity with the provisions of this Consultant in all respects.
4. The Entity hereby covenants to pay the Consultant in consideration of the

execution and completion of the Consulting Services, the Contract Price or such
other sum as may become payable under the provisions of this Contract at the
times and in the manner prescribed by this Contract.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the
day and year first before written.
Binding Signature of Procuring Entity
________________________________________________
Binding Signature of Consultant
_____________________________________________
[Addendum showing the corrections, if any, made during the bid evaluation should be attached
with this agreement]
130
Section VIII. Appendices
I. Description of Services
Give detailed descriptions of the Services to be provided, dates for completion of various tasks,
place of performance for different tasks, specific tasks to be approved by Client, etc.
II. Reporting Requirements

List format, frequency, and contents of reports; persons to receive them; dates of submission; etc.
If no reports are to be submitted, state here “Not applicable.”
III. Key Personnel and Subconsultants

List under:
1. Titles [and names, if already available], detailed job descriptions and minimum
qualifications, and staff-months of service, and estimated periods of engagement for
each, including a copy of a satisfactory medical certificate.
2. Same information as in no. 1 for Key foreign Personnel to be assigned to work

outside the Government’s country.
3. Same information as in no.1 for Key Local Personnel.
4. List of approved Subconsultants (if already available) and Counterpart personnel (if
allowed); same information with respect to their Personnel as in no.’s 1 and 2.
IV. Breakdown of Contract Price

List here the elements of cost, including expenditures in foreign currency(ies) denominated and
payable in Philippine Peso, used to arrive at the itemized breakdown of the contract price:
1. Monthly rates for Personnel (Key Personnel and other Personnel)
2. Reimbursable expenditures
3. Applicable taxes
131
V. Services and Facilities Provided by the Client
Give detailed description of the services and facilities made available to the Consultant, and the
time and manner of its availment.
VI. Consultant’s Representations Regarding Costs and Charges

Breakdown of Remuneration Rates, WB funded projects using Quality Based Selection,
Selection Based on the Consultant’s Qualifications and Single Source Selection.
1. Review of Remuneration Rates
1.1 The remuneration rates for staff are made up of salary, social costs, overheads, fee
that is profit, and any premium or allowance paid for projects away from headquarters. To
assist the Consultant in preparing for financial negotiations, a sample form giving a
breakdown of rates is attached (no financial information should be included in the
Technical Proposal). Agreed breakdown sheets shall form part of the negotiated contract.
1.2 The Procuring Entity is charged with the custody of Government funds and is
expected to exercise prudence in the expenditure of these funds. The Procuring Entity is,
therefore, concerned with the reasonableness of the firm’s Financial Proposal, and, during
negotiations, it expects to be able to review audited financial statements backing up the
Consultant’s remuneration rates, certified by an independent auditor. The Consultant shall
be prepared to disclose such audited financial statements for the last three years, to
substantiate its rates, and accept that its proposed rates and other financial matters are
subject to scrutiny. Rate details are discussed below.
(i) Salary
This is the gross regular cash salary paid to the individual in the Consultant’s home
office. It shall not contain any premium for work away from headquarters or bonus (except
where these are included by law or government regulations).
(ii) Bonus
Bonuses are normally paid out of profits. Because the Procuring Entity does not
wish to make double payments for the same item, staff bonuses shall not normally be
included in the rates. Where the Consultant’s accounting system is such that the
percentages of social costs and overheads are based on total revenue, including bonuses,
those percentages shall be adjusted downward accordingly. Where national policy requires
that thirteen (13) months’ pay be given for twelve (12) months’ work, the profit element
need not be adjusted downward. Any discussions on bonuses shall be supported by audited
documentation, which shall be treated as confidential.
(iii) Social Costs
132
Social costs are the costs to the Consultant of staff’s non-monetary benefits. These
items include, inter alia, pension, medical and life insurance costs, and the cost of a staff
member being sick or on vacation. In this regard, the cost of leave for public holidays is
not an acceptable social cost nor is the cost of leave taken during the Contract if no
additional staff replacement has been provided. Additional leave taken at the end of the
Contract in accordance with the Consultant’s leave policy is acceptable as a social cost.
(iv) Cost of Leave
The principles of calculating the cost of total days leave per annum as a percentage
of basic salary shall normally be as follows:
total days leave x 100
Leave cost as percentage of salary6 =
[365 - w - ph - v - s]
It is important to note that leave can be considered a social cost only if the
Procuring Entity is not charged for the leave taken.
(v) Overheads
Overhead expenses are the firm’s business costs that are not directly related to the
execution of the project and shall not be reimbursed as separate items under the Contract.
Typical items are home office costs (partner’s time, non-billable time, time of senior staff
monitoring the project, rent, support staff, research, staff training, marketing, etc.), the cost
of staff not currently employed on revenue-earning projects, and business promotion costs.
During negotiations, audited financial statements, certified as correct by an independent
auditor and supporting the last three years’ overheads, shall be available for discussion,
together with detailed lists of items making up the overheads and the percentage by which
each relates to basic salary. The Procuring Entity does not accept an add-on margin for
social charges, overhead expenses, etc., for staff who are not permanent employees of the
firm. In such case, the firm shall be entitled only to administrative costs and fee on the
monthly payments charged for subcontracted staff.
(vi) Fee or Profit
The fee or profit shall be based on the sum of the salary, social costs, and overhead.
If any bonuses paid on a regular basis are listed, a corresponding reduction in the profit
element shall be expected. Fee or profit shall not be allowed on travel or other
reimbursable expenses, unless in the latter case an unusually large amount of procurement
of equipment is required. The Consultant shall note that payments shall be made against an
agreed estimated payment schedule as described in the draft form of the Contract.
(vii) Away from Headquarters Allowance or Premium
Some consultants pay allowances to staff working away from headquarters. Such
allowances are calculated as a percentage of salary and shall not draw overheads or profit.
Sometimes, by law, such allowances may draw social costs. In this case, the amount of this
6 Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
133
social cost shall still be shown under social costs, with the net allowance shown separately.
For concerned staff, this allowance, where paid, shall cover home education, etc.; these and
similar items shall not be considered as reimbursable costs.
(viii) Subsistence Allowances
Subsistence allowances are not included in the rates, but are paid separately and in
local currency. No additional subsistence is payable for dependents ⎯ the subsistence rate
shall be the same for married and single team members.
UNDP standard rates for the particular country may be used as reference to determine
subsistence allowances.
2. Reimbursables
2.1 The financial negotiations shall further focus on such items as out-of-pocket
expenses and other reimbursables. These costs may include, but are not restricted to, cost
of surveys, equipment, office rent, supplies, international and local travel, computer rental,
mobilization and demobilization, insurance, and printing. These costs may be either fixed
or reimbursable in foreign or local currency.
3. Bank Guarantee
3.1 Payments to the Consultant, including payment of any advance based on cash flow
projections covered by a bank guarantee, shall be made according to an agreed estimated
schedule ensuring the firm regular payments in local and foreign currency, as long as the
services proceed as planned.
134
VII. BREAKDOWN OF AGREED FIXED RATES7
[Currencies:_________8]
Consultants 1 2 3 4 5 6 7 8
Name Position Basic Rate9 Social Overhead Subtotal Fee Away from Total Agreed Fixed Rate
Charge (__% of 1) (__% of 4) Headquarters Agreed (__ % of 1)
(__% of 1) Allowance Fixed Rate
(__ % of 1)
Philippines
Home Office
Signature of Consultant:________________________ Date:___________________

Authorized Representative:_____________________ Name:___________________
Title:______________________
7 This model form is given for negotiation purposes only. It is not part of the proposals (technical or financial).
8 If different currencies, a different table for each currency should be used.
9 Per month, day, or hour as appropriate.
135

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PHILIPPINE BIDDING DOCUMENTS

Applicable Experience 50% 40%

Qualification of Personnel 30% 24%

Current Workload Capacity 20% 16%

6. Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or

8. The contract shall be completed within 90 calendar days.

10. For further information, please refer to:

August 24, 2022

(SGD) JAIME M. LARA

Notes on the Eligibility Documents

(a) Duly licensed Filipino citizens/sole proprietorships;

(d) Cooperatives duly organized under the laws of the Philippines; or

(e) Persons/entities forming themselves into a joint venture, i.e., a group of

1.3. If the Request for Expression of Interest allows participation of foreign

1.4. Government owned or –controlled corporations (GOCCs) may be eligible to

(a) Class “A” Documents –

(i) PhilGEPS Certificate of Registration and Membership in

(ii) Statement of the prospective bidder of all its ongoing and

(ii.1) the name and location of the contract;

(ii.2) date of award of the contract;

(ii.3) type and brief description of consulting services;

(ii.4) consultant’s role (whether main consultant, subconsultant,

(ii.5) amount of contract;

(ii.6) contract duration; and

(ii.7) certificate of satisfactory completion or equivalent

(iii) Statement of the consultant specifying its nationality and

(b) Class “B” Document –

3. Format and Signing of Eligibility Documents

4. Sealing and Marking of Eligibility Documents

4.3. All envelopes shall:

(c) contain the name of the contract to be bid in capital letters;

(e) be addressed to the Procuring Entity’s BAC specified in the EDS;

5. Deadline for Submission of Eligibility Documents

6. Late Submission of Eligibility Documents

7. Modification and Withdrawal of Eligibility Documents

7.3. Eligibility documents requested to be withdrawn in accordance with this Clause

8. Opening and Preliminary Examination of Eligibility Documents

In case the submitted eligibility envelopes cannot be opened as scheduled due to

(h) the name of the prospective bidder;

(i) whether there is a modification or substitution; and

(j) the presence or absence of each document comprising the eligibility

9. Short Listing of Consultants

10. Protest Mechanism

Notes on the Eligibility Data Sheet

In preparing this Section, the following aspects should be checked:

(a) Information that specifies and complements provisions of the Eligibility

(b) Amendments and/or supplements, if any, to provisions of the Eligibility

1.3 No further instructions.

2.1(a)(ii.7) Submit copy of Certificate of Completion and Acceptance as proof of satisfactory

(Contract No. NIA-MARIIS-HO-CS-2022-01)

5 The address for submission of eligibility documents is:

Conference Hall, 2nd floor, NIA-MARIIS Bldg., Minante 1, Cauayan City,

The deadline for submission of eligibility documents is September 1, 2022, at

8 The place of opening of eligibility documents is at Conference Room, 2nd floor,

Evaluation Criteria Percent

Applicable Experience 50%

Qualification of Personnel 30%

Current Workload Capacity 20%

Selection will be based on Quality-Cost Based Evaluation (QCBE) procedure.

Overall Average Passing Score must be at least 80