Office of the President

NATIONAL HOUSING AUTHORITY

REGION I & CAR I

BIDS AND AWARDS COMMITTEE

BIDDING DOCUMENTS

FOR THE

Construction of Slope Protection and

Handrails for Tuba Resettlement Project

NHAR1CAR1-ROBAC-INFR- 19-002
 A. TABLE OF CONTENTS

CHECKLIST OF ELIGIBILITY AND FINANCIAL DOCUMENTS FOR SUBMISSION ..................................................... 3

SECTION I.INVITATION TO BID ..................................................................................................... 7

SECTION II. INSTRUCTIONS TO BIDDERS ................................................................................. 10

SECTION III. BID DATA SHEET .................................................................................................... 40

SECTION IV. GENERAL CONDITIONS OF CONTRACT .............................................................. 50

SECTION V. SPECIAL CONDITIONS OF CONTRACT ................................................................. 85

SECTION VI. SPECIFICATIONS ................................................................................................... 89

SECTION VII. DRAWINGS ............................................................................................................. 90

SECTION VIII.BILL OF QUANTITIES ............................................................................................ 91

SECTION IX. BIDDING FORMS ..................................................................................................... 92

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 Office of the President
NATIONAL HOUSING AUTHORITY

PUBLIC BIDDING FOR

“Construction of Slope Protection and Handrails for Tuba Resettlement

Project”
Ref. No. NHAR1CAR1-ROBAC-INFR- 19-002
Approved Budget for the Contract (ABC): Php 12,999,941

CHECKLIST OF ELIGIBILITY REQUIREMENTS FOR SUBMISSION

DOCUMENTARY REQUIREMENTS SHOULD BE APPROPRIATELY SIGNED

AND PROPERLY TABBED, AS FOLLOWS:

I. TECHNICAL COMPONENT

A. ELIGIBILITY DOCUMENTS

CLASS “A” DOCUMENTS

TAB Philippine Government Electronic Procurement System (PhilGEPS)

A Certificate of Registration and Platinum Membership in accordance with
Section 8.5.2 of the IRR, except for foreign bidders participating in the
procurement by a Philippine Foreign Service Office or Post, which shall
submit their eligibility documents under Section 23.1 of the IRR, provided,
that the winning bidder shall register with the PhilGEPS in accordance with
section 37.1.4 of the IRR; or

In lieu of the PhilGEPS Certificate of Registration and Platinum Membership,

prospective bidders may still opt to submit the following documents pursuant
to Government Procurement Policy Board (GPPB) Circular 07-2017, dated 31
July 2017. In case the bidder opted to submit their Class “A” Documents, the
certificate of PHILGEPS Registration (Platinum Membership) shall remain as
a post-qualification to be submitted in accordance with Section 34.2 of the
2016 Revised IRR of RA 9184.

a. Registration Certificate from the Securities and Exchange Commission

(SEC) for Corporations and Partnerships, Department of Trade and Industry
(DTI) for Sole Proprietorships, or Cooperative Development Authority (CDA)
for Cooperatives;

b. Mayor’s/Business Permit issued by the city or municipality where the

principal place of business of the prospective bidder is located;

In cases of recently expired Mayor’s and/or Business permits, it shall be

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 accepted together with the official receipt as proof that the bidder has applied
for renewal within the period prescribed by the concerned local government
unit, provided that the renewed permit shall be submitted as a post-
qualification requirement in accordance with Section 34.2 of IRR of RA 9184.

c. Tax Clearance per Executive Order 398, Series of 2005, as finally

reviewed and approved by the Bureau of Internal Revenue (BIR) – BIR Form
17.14B; and

d. Audited Financial Statement, stamped “received” by Bureau of Internal

Revenue (BIR) or its duly accredited and authorized institutions for the
preceding calendar year, which should not be earlier than two (2) years from
the bid submission.

TAB Statement of all its ongoing government and private contracts, including
B contracts awarded but not yet started, whether similar or not similar in nature
and complexity to the contract to be bid, if any, with supporting documents
using the forms prescribed in Section IX. Bidding Forms.

1. Statement of All Ongoing Government Construction Contracts;

2. Statement of All Ongoing Private Construction Contracts;

3. Statement of All Government and Private Contracts Awarded but not yet
Started.

All STATEMENT FORMS required under Bidding Form Section IX must be

properly filled up and submitted including all other required documents.

If none, “Not Applicable or N/A” must be indicated in the submitted form.

TAB Statement of the Bidder’s Single Largest Completed Contract (SLCC) similar
C to the contract to be bid, in accordance with ITB Clause 5.4., with attached,
(1) Notice of Award (NOA) and/or Notice to Proceed (NTP), (2) Project
Owner’s Certificate of Final Acceptance (POCFA) issued by the Owner other
than the Contractor or (3) the Constructors Performance Evaluation System
(CPES) Final Rating, which must be at least satisfactory. In case of contracts
with the private sector, (4) an equivalent document (accompanied by
certification from the head of the company or his/her authorized
representative that the document submitted is substantial equivalent to the
required NOA or NTP and POCFA or CPES) shall be submitted, using the
form prescribed in Section IX. Bidding Forms.

TAB If applicable: Unless otherwise provided in the BDS, a valid special PCAB
D License in case of joint ventures, and registration for the type and cost of the
contract for this Project; If not applicable, “Not Applicable or N/A” must be
indicated in the submitted form.

TAB Net Financial Contracting Capacity (NFCC) Computation in accordance with

E ITB Clause 5.5, using the form prescribed in Section IX. Bidding Forms.

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CLASS “B” DOCUMENT

TAB If applicable, Venture Agreement (JVA) in accordance with RA 4566 using

F the form prescribed in Section IX. Bidding Forms. If not applicable, “Not
Applicable or N/A” must be indicated in the submitted form.

B. TECHNICAL DOCUMENTS

TAB Bid security in accordance with ITB Clause 18. If the Bidder opts to submit
G the bid security in the form of:

• Bid Securing Declaration using the form prescribed in Section IX.

Bidding Forms; or

• Cash, Cashier’s/Manager’s Check, 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
equivalent to two percent (2%) of ABC; or

• Surety Bond equivalent to five percent (5%) of ABC, it shall be

accompanied by a certification by the Insurance Commission that the
surety or insurance company is authorized to issue such instruments.

TAB Project Requirements, which shall include the following:

H
1. Bidder’s Organizational Chart for the Contract;

2. List of bidder’s personnel (e.g., Project Manager, Site Engineer,

Quality/Materials Engineer, Quantity/Cost Engineer, Surveyor and Foremen),
to be assigned to the contract to be bid, with their complete qualification and
experience data. These personnel must meet the required minimum years of
experience set in the BDS, using the forms prescribed in Section IX. Bidding
Forms:

a. Bidder’s Certification on Key Personnel for the Contract; and

b. Key Personnel’s Affidavit of Commitment to Work on the Contract.

3. List of Bidder’s Major Equipment Units Pledged to the Contract owned,

leased, and/or under purchase agreements using the form prescribed in
Section IX. Bidding Forms, supported by any of the following, as the case
may be, which must meet the minimum requirements for the contract set in
the BDS:

a. Proof of Ownership (Official Receipt and Certificate of Registration for

motor vehicles and heavy equipment or Deed of Sale/Official Receipt for
other equipment); and

b. Notarized Bidder’s Certification on the availability of the Equipment for the

Contract.

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TAB Sworn statement in accordance with Section 25.3 of the IRR of RA 9184,
I using the form prescribed in Section IX. Bidding Forms.

TAB Authority of the Signatory (Secretary’s Certificate for

J corporations/partnerships/cooperatives or Special Power of Attorney (SPA)
for sole proprietorships), using the form prescribed in Section IX. Bidding
Forms.

TAB Other Technical Documentary Requirements:

K 1. Valid Philippine Contractors Accreditation Board (PCAB) license and
registration;
2. Valid Professional Regulation Commission (PRC) ID of the required key
personnel as stated in the Bid Data Sheet (BDS);
3. Bid Bulletin issued by the Bids and Awards Committee (BAC), if any;

II. FINANCIAL COMPONENT

Financial Bid, using the form prescribed in Section IX. Bidding Forms.

TAB Financial Bid Form, which includes bid prices and the bill of quantities, in
L accordance with ITB Clauses 15.1 and 15.3; and

TAB Detailed Estimate in the form of Detailed Unit Price Analysis, as stated in
M the BDS

TAB Cash Flow by quarter and monthly payment schedule in accordance with
N the prescribed form.

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 Section I
Invitation to Bid

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 Invitation to Bid

The National Housing Authority (NHA), through the Corporate Budget approved by the NHA
Board for the year 2019 intends to apply the sum of the Approved Budget for the Contract
(ABC) to payments for the following contract:

ABC/ Source Duration Required Work

Ref. No. PROJECT/S (c.d)
of Funds (₱) PCAB License Description
Construction of Slope Construction
NHAR1CAR1
Protection and 12,999,941 Cat. “C & D” of Slope
-ROBAC- 200 c.d.
Handrails for Tuba / NG Subsidy and Small “B” Protection and
INFR- 19-002
Resettlement Project Handrails

Bids received in excess of the ABC shall be automatically rejected at bid opening.

The NHA now invites bids for the above-cited project. Completion of the Works is required
within the duration herein cited. Bidders should have completed a single contract similar to the
Project costing at least fifty percent (50%) of the ABC. The description of an eligible bidder is
contained in the Bidding Documents 5th Edition, particularly in Section II. Instructions to
Bidders, and the corresponding Bid Data Sheet (BDS).

Bidding will be conducted through open competitive bidding procedures using non-
discretionary pass/fail criterion as specified in the Implementing Rules and Regulations (IRR)
of Republic Act 9184 (RA 9184), otherwise known as the “Government Procurement Reform
Act”.

Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with

at least seventy five percent (75%) interest or outstanding capital stock belonging to citizens of
the Philippines.

A complete set of Bidding Documents shall be issued only to bidders/authorized employees of

interested Contractors who can show proof of authority to secure bid documents for the
specific project duly notarized and Official Company ID upon submission of a Letter of Intent
(LOI), presentation of original PCAB License, Contract Agreement and Certificate of
Completion/Acceptance for completed similar project/s and upon Cash Payment of non-
refundable fee of ₱13,000.00 at the Office of the at the ROBAC Secretariat Office, 4th Floor,
Unit 402 & 403, DBP Building, Session Road, Baguio City from 9:00 a.m. to 5:00 p.m. starting
on September 12, 2019. The ROBAC Secretariat may be contacted at Tel/Fax No. (074) 309-
5588.

The NHA Region 1 & CAR 1 will hold a Pre-bid Conference on September 19, 2019, at 1:00
p.m. at the NHA Region 1 & CAR 1 Office, 4th Floor, Unit 402 & 403, DBP Building, Session
Road, Baguio City, which shall be open to prospective bidders.

Bids must be delivered at the NHA Region 1 & CAR 1 Office, 4th Floor, Unit 402 & 403, DBP
Building, Session Road, Baguio City, not later than 1:00 p.m., October 8, 2019. Bid opening
shall follow immediately at the same venue.

All Bids must be accompanied by a bid security in any of the acceptable forms and amount as
stated in Bid Data Sheet (BDS). Bids will be opened in the presence of the Bidders’
representatives who choose to attend at the stated address. Late bids shall not be accepted.

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9
 Section II
Instructions to Bidders

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 A. General

1. Scope of Bid

1.1. The Procuring Entity named in the BDS, invites bids for the
construction of Works, as described in Section VI. Specifications.

1.2. The name, identification, and number of lots specific to this bidding are
provided in the BDS. The contracting strategy and basis of evaluation
of lots is described in ITB Clause 27.

1.3. The successful Bidder will be expected to complete the Works by the
intended completion date specified in SCC Clause 1.17.

2. Source of Funds

The Procuring Entity has a budget or received funds from the Funding Source
named in the BDS, and in the amount indicated in the BDS. It intends to
apply part of the funds received for the Project, as defined in the BDS, to
cover eligible payments under the Contract for the Works.

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

3.1. Unless otherwise specified in the BDS, the Procuring Entity, as well as
bidders and contractors, shall observe the highest standard of ethics
during the procurement and execution of the contract. In pursuance of
this policy, the Funding Source:

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

(i) "corrupt practice" means behavior on the part of officials

in the public or private sectors by which they improperly
and unlawfully enrich themselves, others, or induce
others to do so, by misusing the position in which they
are placed, and includes the offering, giving, receiving, or
soliciting of anything of value to influence the action of
any such official in the procurement process or in contract
execution; entering, on behalf of the Procuring Entity, into
any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby, and similar acts as
provided in Republic Act 3019;

(ii) "fraudulent practice" means a misrepresentation of facts

in order to influence a procurement process or the
execution of a contract to the detriment of the Procuring
Entity, and includes collusive practices among Bidders
(prior to or after Bid submission) designed to establish bid
prices at artificial, non-competitive levels and to deprive

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 the Procuring Entity of the benefits of free and open
competition;

(iii) “collusive practices” means a scheme or arrangement

between two or more Bidders, with or without the
knowledge of the Procuring Entity, designed to establish
bid prices at artificial, non-competitive levels; and

(iv) “coercive practices” means harming or threatening to

harm, directly or indirectly, persons, or their property to
influence their participation in a procurement process, or
affect the execution of a contract;

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

(bb) acts intended to materially impede the exercise of

the inspection and audit rights of the Procuring
Entity or any foreign government/foreign or
international financing institution herein.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent
practices in competing for the Contract; and

(c) will declare a firm ineligible, either indefinitely or for a stated

period of time, to be awarded Contract funded by the Funding
Source if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing or, or in executing, a
Contract funded by the Funding Source.

3.2. Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under the applicable
laws on individuals and organizations deemed to be involved in any of
the practices mentioned in ITB Clause 3.1(a).

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 3.3. Furthermore, the Funding Source and the Procuring Entity reserve the
right to inspect and audit records and accounts of a contractor in the
bidding for and performance of a contract themselves or through
independent auditors as reflected in the GCC Clause 34.

4. Conflict of Interest

4.1. All Bidders found to have conflicting interests shall be disqualified to

participate in the procurement at hand, without prejudice to the
imposition of appropriate administrative, civil, and criminal sanctions. A
Bidder may be considered to have conflicting interests with another
Bidder in any of the events described in paragraphs (a) through (c) and
a general conflict of interest in any of the circumstances set out in
paragraphs (d) through (g) below:

(a) A Bidder has controlling shareholders in common with another

Bidder;

(b) A Bidder receives or has received any direct or indirect subsidy

from any other Bidder;

(c) A Bidder has the same legal representative as that of another

Bidder for purposes of this Bid;

(d) A Bidder has a relationship, directly or through third parties, that

puts them in a position to have access to information about or
influence on the bid of another Bidder or influence the decisions
of the Procuring Entity regarding this bidding process;

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

(f) A Bidder who participated as a consultant in the preparation of

the design or technical specifications of the goods and related
services that are the subject of the bid; or

(g) A Bidder who lends, or temporarily seconds, its personnel to

firms or organizations which are engaged in consulting services
for the preparation related to procurement for or implementation
of the project, if the personnel would be involved in any capacity
on the same project.

4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding

Documents shall be accompanied by a sworn affidavit of the Bidder
that it is not related to the Head of the Procuring Entity (HoPE),
members of the Bids and Awards Committee (BAC), members of the
Technical Working Group (TWG), members of the BAC Secretariat, the
head of the Project Management Office (PMO) or the end-user unit,
and the project consultants, by consanguinity or affinity up to the third

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 civil degree. On the part of the Bidder, this Clause shall apply to the
following persons:

(a) If the Bidder is an individual or a sole proprietorship, to the

Bidder himself;

(b) If the Bidder is a partnership, to all its officers and members;

(c) If the Bidder is a corporation, to all its officers, directors, and

controlling stockholders;

(d) If the Bidder is a cooperative, to all its officers, directors, and

controlling shareholders or members; and

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

Relationship of the nature described above or failure to comply with

this Clause will result in the automatic disqualification of a Bidder.

5. Eligible Bidders

5.1. Unless otherwise indicated in the BDS, the following persons shall be
eligible to participate in this Bidding:

(a) Duly licensed Filipino citizens/sole proprietorships;

(b) Partnerships duly organized under the laws of the Philippines

and of which at least seventy five percent (75%) of the interest
belongs to citizens of the Philippines;

(c) Corporations duly organized under the laws of the Philippines,

and of which at least seventy five percent (75%) of the
outstanding capital stock belongs to citizens of the Philippines;

(d) Cooperatives duly organized under the laws of the Philippines.

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

two (2) or more persons/entities that intend to be jointly and
severally responsible or liable for a particular contract: Provided,
however, that, in accordance with Letter of Instructions No. 630,
Filipino ownership or interest of the joint venture concerned shall
be at least seventy five percent (75%): Provided, further, that
joint ventures in which Filipino ownership or interest is less than
seventy five percent (75%) may be eligible where the structures
to be built require the application of techniques and/or
technologies which are not adequately possessed by a
person/entity meeting the seventy five percent (75%) Filipino
ownership requirement: Provided, finally, that in the latter case,
Filipino ownership or interest shall not be less than twenty five
percent (25%). For this purpose, Filipino ownership or interest

14
 shall be based on the contributions of each of the members of
the joint venture as specified in their JVA.

5.2. The Procuring Entity may also invite foreign bidders when provided for
under any Treaty or International or Executive Agreement as specified
in the BDS.

5.3. Government owned or controlled corporations (GOCCs) may be

eligible to participate only if they can establish that they (a) are legally
and financially autonomous, (b) operate under commercial law, and (c)
are not attached agencies of the Procuring Entity.

5.4. (a) The Bidder must have an experience of having completed a Single
Largest Completed Contract (SLCC) that is similar to this Project,
equivalent to at least fifty percent (50%) of the ABC adjusted, if
necessary, by the Bidder to current prices using the Philippine
Statistics Authority (PSA) consumer price index. However, contractors
under Small A and Small B categories without similar experience on
the contract to be bid may be allowed to bid if the cost of such contract
is not more than the Allowable Range of Contract Cost (ARCC) of their
registration based on the guidelines as prescribed by the PCAB.

(b) For Foreign-funded Procurement, the Procuring Entity and the

foreign government/foreign or international financing institution may
agree on another track record requirement, as specified in the BDS.

For this purpose, contracts similar to the Project shall be those

described in the BDS.

5.5. The Bidder must submit a computation of its Net Financial Contracting
Capacity (NFCC), which must be at least equal to the ABC to be bid,
calculated as follows:

NFCC = [(Current assets minus current liabilities) (15)] minus the

value of all outstanding or uncompleted portions of the projects
under ongoing contracts, including awarded contracts yet to be
started coinciding with the contract for this Project.

The values of the domestic bidder’s current assets and current

liabilities shall be based on the latest Audited Financial Statements
(AFS) submitted to the BIR.

For purposes of computing the foreign bidders’ NFCC, the value of the
current assets and current liabilities shall be based on their audited
financial statements prepared in accordance with international financial
reporting standards.

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6. Bidder’s Responsibilities

6.1. The Bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section IX. Bidding Forms as
required in ITB Clause 12.1(b)(iii).

6.2. The Bidder is responsible for the following:

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

Documents;

(b) Having acknowledged all conditions, local or otherwise, affecting

the implementation of the contract;

(c) Having made an estimate of the facilities available and needed

for the contract to be bid, if any;

(d) Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 10.4.

(e) Ensuring that it is not “blacklisted” or barred from bidding by the

GoP or any of its agencies, offices, corporations, or LGUs,
including foreign government/foreign or international financing
institution whose blacklisting rules have been recognized by the
GPPB;

(f) Ensuring that each of the documents submitted in satisfaction of

the bidding requirements is an authentic copy of the original,
complete, and all statements and information provided
therein are true and correct;

(g) Authorizing the HoPE 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 RA 3019;

(j) Complying with existing labor laws and standards, in the case of
procurement of services. Moreover, bidder undertakes to:

(i) Ensure the entitlement of workers to wages, hours of

work, safety and health and other prevailing conditions of
work as established by national laws, rules and

16
 regulations; or collective bargaining agreement; or
arbitration award, if and when applicable.

In case there is a finding by the Procuring Entity or the

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

(ii) Comply with occupational safety and health standards

and to correct deficiencies, if any.

In case of imminent danger, injury or death of the worker,

bidder undertakes to suspend contract implementation
pending clearance to proceed from the DOLE Regional
Office and to comply with Work Stoppage Order; and

(iii) Inform the workers of their conditions of work, labor

clauses under the contract specifying wages, hours of
work and other benefits under prevailing national laws,
rules and regulations; or collective bargaining agreement;
or arbitration award, if and when applicable, through
posting in two (2) conspicuous places in the
establishment’s premises; and

(k) Ensuring that it did not give or pay, directly or indirectly, any
commission, amount, fee, or any form of consideration,
pecuniary or otherwise, to any person or official, personnel or
representative of the;

Failure to observe any of the above responsibilities shall be at the risk

of the Bidder concerned.

6.3. The Bidder, by the act of submitting its bid, shall be deemed to have
inspected the site, determined the general characteristics of the
contract works and the conditions for this Project and examine all
instructions, forms, terms, and project requirements in the Bidding
Documents.

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

and to satisfy itself by such means as it considers necessary or
desirable as to all matters pertaining to this Project, including: (a) the
location and the nature of the contract, project, or work; (b) climatic
conditions; (c) transportation facilities; (c) nature and condition of the
terrain, geological conditions at the site communication facilities,
requirements, location and availability of construction aggregates and
other materials, labor, water, electric power and access roads; and (d)

17
 other factors that may affect the cost, duration and execution or
implementation of the contract, project, or work.

6.5. The Procuring Entity shall not assume any responsibility regarding
erroneous interpretations or conclusions by the prospective or eligible
bidder out of the data furnished by the procuring entity. However, the
Procuring Entity shall ensure that all information in the Bidding
Documents, including supplemental/bid bulletins issued are correct and
consistent.

6.6. Before submitting their bids, the Bidders are deemed to have become
familiar with all existing laws, decrees, ordinances, acts and regulations
of the Philippines which may affect the contract in any way.

6.7. The Bidder shall bear all costs associated with the preparation and
submission of his bid, and the Procuring Entity will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.

6.8. The Bidder should note that the Procuring Entity will accept bids only
from those that have paid the applicable fee for the Bidding Documents
at the office indicated in the Invitation to Bid.

7. Origin of Goods and Services

There is no restriction on the origin of Goods, or Contracting of Works or

Services other than those prohibited by a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations.

8. Subcontracts

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

8.2. Subcontractors must submit the documentary requirements under ITB

Clause 12 and comply with the eligibility criteria specified in the BDS.
In the event that any subcontractor is found by the Procuring Entity to
be ineligible, the subcontracting of such portion of the Works shall be
disallowed.

8.3. The Bidder may identify the subcontractor to whom a portion of the
Works will be subcontracted at any stage of the bidding process or
during contract implementation. If the Bidder opts to disclose the
name of the subcontractor during bid submission, the Bidder shall
include the required documents as part of the technical component of
its bid.

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 B. Contents of Bidding Documents

9. Pre-Bid Conference

9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the
venue and on the date indicated therein, to clarify and address the
Bidders’ questions on the technical and financial components of this
Project.

(b) The pre-bid conference shall be held at least twelve (12) calendar
days before the deadline for the submission of and receipt of bids, but
not earlier than seven (7) calendar days from the posting of the
Invitation to Bid/Bidding Documents in the PhilGEPS website. If the
Procuring Entity determines that, by reason of the method, nature, or
complexity of the contract to be bid, or when international participation
will be more advantageous to the GoP, a longer period for the
preparation of bids is necessary, the pre-bid conference shall be held
at least thirty (30) calendar days before the deadline for the submission
and receipt of bids, as specified in the BDS.

9.2. Bidders are encouraged to attend the pre-bid conference to ensure

that they fully understand the Procuring Entity’s requirements. Non-
attendance of the Bidder will in no way prejudice its bid; however, the
Bidder is expected to know the changes and/or amendments to the
Bidding Documents as recorded in the minutes of the pre-bid
conference and the Supplemental/Bid Bulletin. The minutes of the pre-
bid conference shall be recorded and prepared not later than five (5)
calendar days after the pre-bid conference. The minutes shall be made
available to prospective bidders not later than five (5) days upon written
request.

9.3. Decisions of the BAC amending any provision of the bidding

documents shall be issued in writing through a Supplemental/Bid
Bulletin at least seven (7) calendar days before the deadline for the
submission and receipt of bids.

10. Clarification and Amendment of Bidding Documents

10.1. Prospective bidders may request for clarification(s) on and/or

interpretation of any part of the Bidding Documents. Such a request
must be in writing and submitted to the Procuring Entity at the address
indicated in the BDS at least ten (10) calendar days before the
deadline set for the submission and receipt of Bids.

10.2. The BAC shall respond to the said request by issuing a

Supplemental/Bid Bulletin, to be made available to all those who have
properly secured the Bidding Documents, at least seven (7) calendar
days before the deadline for the submission and receipt of Bids.

10.3. Supplemental/Bid Bulletins may also be issued upon the Procuring

Entity’s initiative for purposes of clarifying or modifying any provision of

19
 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.

10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted
in the PhilGEPS and the website of the Procuring Entity concerned, if
available, and at any conspicuous place in the premises of the
Procuring Entity concerned. It shall be the responsibility of all Bidders
who have properly secured the Bidding Documents to inquire and
secure Supplemental/Bid Bulletins that may be issued by the BAC.
However, Bidders who have submitted bids before the issuance of the
Supplemental/Bid Bulletin must be informed and allowed to modify or
withdraw their bids in accordance with ITB Clause 23.

C. Preparation of Bids

11. Language of Bids

The eligibility requirements or statements, the bids, and all other documents
to be submitted to the BAC must be in English. If the eligibility requirements or
statements, the bids, and all other documents submitted to the BAC are in
foreign language other than English, it must be accompanied by a translation
of the documents in English. The documents shall be translated by the
relevant foreign government agency, the foreign government agency
authorized to translate documents, or a registered translator in the foreign
bidder’s country; and shall be authenticated by the appropriate Philippine
foreign service establishment/post or the equivalent office having jurisdiction
over the foreign bidder’s affairs in the Philippines. The English translation
shall govern, for purposes of interpretation of the bid.

12. Documents Comprising the Bid: Eligibility and Technical Components

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

(a) Eligibility Documents –

Class “A” Documents

(i) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR, except for
foreign bidders participating in the procurement by a
Philippine Foreign Service Office or Post, which shall
submit their eligibility documents under Section 23.1 of
the IRR, provided, that the winning bidder shall register
with the PhilGEPS in accordance with Section 37.1.4 of
the IRR;

20
(ii) Statement of all its ongoing government and private
contracts, including contracts awarded but not yet started,
if any, whether similar or not similar in nature and
complexity to the contract to be bid; and

Statement of the Bidder’s SLCC similar to the contract to

be bid, in accordance with ITB Clause 5.4.

The two statements required shall indicate for each

contract the following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) nature of work;

(ii.6) contractor’s role (whether sole contractor,

subcontractor, or partner in a JV) and percentage
of participation;

(ii.7) total contract value at award;

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

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

(ii.10) percentages of planned and actual

accomplishments, if applicable; and

(ii.11) value of outstanding works, if applicable.

The statement of the Bidder’s SLCC shall be supported

by the Notice of Award and/or Notice to Proceed, Project
Owner’s Certificate of Final Acceptance issued by the
Owner other than the Contractor or the Constructors
Performance Evaluation System (CPES) Final Rating,
which must be at least satisfactory. In case of contracts
with the private sector, an equivalent document shall be
submitted;

(iii) Unless otherwise provided in the BDS, a valid special

PCAB License in case of joint ventures, and registration
for the type and cost of the contract for this Project; and

(iv) NFCC computation in accordance with ITB Clause 5.5.

Class “B” Documents

21
 (v) If applicable, Joint Venture Agreement (JVA) in
accordance with RA 4566.

(b) Technical Documents –

(i) Bid security in accordance with ITB Clause 18. If the

Bidder opts to submit the bid security in the form of:

(i.1) a bank draft/guarantee or an irrevocable letter of

credit issued by a foreign bank, it shall be
accompanied by a confirmation from a Universal or
Commercial Bank; or

(i.2) a surety bond accompanied by a certification

coming from the Insurance Commission that the
surety or insurance company is authorized to issue
such instruments.

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

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

(ii.2) List of contractor’s personnel (e.g., Project

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

(ii.3) List of contractor’s major equipment units, which

are owned, leased, and/or under purchase
agreements, supported by proof of ownership,
certification of availability of equipment from the
equipment lessor/vendor for the duration of the
project, as the case may be, which must meet the
minimum requirements for the contract set in the
BDS; and

(iii) Sworn statement in accordance with Section 25.3 of the

IRR of RA 9184 and using the form prescribed in Section
IX. Bidding Forms.

13. Documents Comprising the Bid: Financial Component

13.1. Unless otherwise stated in the BDS, the financial component of the bid
shall contain the following:

(a) Financial Bid Form, which includes bid prices and the bill of
quantities, in accordance with ITB Clauses 15.1 and 15.3; and

22
 (b) Any other document related to the financial component of the
bid as stated in the BDS.

13.2. (a) Unless otherwise stated in the BDS, all Bids that exceed the
ABC shall not be accepted.

(b) Unless otherwise indicated in the BDS, for foreign-funded

procurement, a ceiling may be applied to bid prices provided the
following conditions are met:

(i) Bidding Documents are obtainable free of charge on a freely

accessible website. If payment of Bidding Documents is
required by the procuring entity, payment could be made
upon the submission of bids.

(ii) The procuring entity has procedures in place to ensure that

the ABC is based on recent estimates made by the
engineer or the responsible unit of the procuring entity and
that the estimates are based on adequate detailed
engineering (in the case of infrastructure projects) and
reflect the quality, supervision and risk and inflationary
factors, as well as prevailing market prices, associated with
the types of works or goods to be procured.

(iii) The procuring entity has trained cost estimators on

estimating prices and analyzing bid variances. In the case
of infrastructure projects, the procuring entity must also
have trained quantity surveyors.

(iv) The procuring entity has established a system to monitor

and report bid prices relative to ABC and
engineer’s/procuring entity’s estimate.

(v) The procuring entity has established a monitoring and

evaluation system for contract implementation to provide a
feedback on actual total costs of goods and works.

14. Alternative Bids

14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is an
offer made by a Bidder in addition or as a substitute to its original bid
which may be included as part of its original bid or submitted
separately therewith for purposes of bidding. A bid with options is
considered an alternative bid regardless of whether said bid proposal is
contained in a single envelope or submitted in two (2) or more separate
bid envelopes.

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

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 14.3. Each Bidder shall submit only one Bid, either individually or as a
partner in a JV. A Bidder who submits or participates in more than one
bid (other than as a subcontractor if a subcontractor is permitted to
participate in more than one bid) will cause all the proposals with the
Bidder’s participation to be disqualified. This shall be without prejudice
to any applicable criminal, civil and administrative penalties that may
be imposed upon the persons and entities concerned.

15. Bid Prices

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

15.2. The Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Bids not addressing or providing all
of the required items in the Bidding Documents including, where
applicable, Bill of Quantities, shall be considered non-responsive and,
thus, automatically disqualified. In this regard, where a required item is
provided, but no price is indicated, the same shall be considered as
non-responsive, but specifying a zero (0) or a dash (-) for the said item
would mean that it is being offered for free to the Government, except
those required by law or regulations to be provided for.

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

15.4. All bid prices for the given scope of work in the contract as awarded
shall be considered as fixed prices, and therefore not subject to price
escalation during contract implementation, except under extraordinary
circumstances as specified in GCC Clause 48. Upon the
recommendation of the Procuring Entity, price escalation may be
allowed in extraordinary circumstances as may be determined by the
National Economic and Development Authority in accordance with the
Civil Code of the Philippines, and upon approval by the GPPB.
Furthermore, in cases where the cost of the awarded contract is
affected by any applicable new laws, ordinances, regulations, or other
acts of the GoP, promulgated after the date of bid opening, a contract
price adjustment shall be made or appropriate relief shall be applied on
a no loss-no gain basis.

16. Bid Currencies

16.1. All bid prices shall be quoted in Philippine Pesos unless otherwise
provided in the BDS. However, for purposes of bid evaluation, bids
denominated in foreign currencies shall be converted to Philippine
currency based on the exchange rate prevailing on the day of the Bid
Opening.

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 16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity
for purposes of bid evaluation and comparing the bid prices will convert
the amounts in various currencies in which the bid price is expressed to
Philippine Pesos at the exchange rate as published in the Bangko
Sentral ng Pilipinas (BSP) reference rate bulletin on the day of the bid
opening.

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

17. Bid Validity

17.1. Bids shall remain valid for the period specified in the BDS which shall
not exceed one hundred twenty (120) calendar days from the date of
the opening of bids.

17.2. In exceptional circumstances, prior to the expiration of the bid validity

period, the Procuring Entity may request Bidders to extend the period
of validity of their bids. The request and the responses shall be made in
writing. The bid security described in ITB Clause 18 should also be
extended corresponding to the extension of the bid validity period at
the least. A Bidder may refuse the request without forfeiting its bid
security, but his bid shall no longer be considered for further evaluation
and award. A Bidder granting the request shall not be required or
permitted to modify its bid.

18. Bid Security

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

Amount of Bid Security

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

For biddings conducted by

LGUs, the
cashier’s/manager’s check
may be issued by other banks
Two percent (2%)
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 Bank: Provided,

25
 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 banks certified by the
BSP as authorized to issue
such financial instrument.

(c) Surety bond callable upon

demand issued by a surety or
insurance company duly
Five percent (5%)
certified by the Insurance
Commission as authorized to
issue such security; and/or

The Bid Securing Declaration mentioned above is an undertaking

which states, among others, that the Bidder shall enter into contract
with the procuring entity and furnish the performance security required
under ITB Clause 32.2, within ten (10) calendar days from receipt of
the Notice of Award, and commits to pay the corresponding amount as
fine, and be suspended for a period of time from being qualified to
participate in any government procurement activity in the event it
violates any of the conditions stated therein as provided in the
guidelines issued by the GPPB.

18.2. The bid security should be valid for the period specified in the BDS.
Any bid not accompanied by an acceptable bid security shall be
rejected by the Procuring Entity as non-responsive.

18.3. No bid securities shall be returned to Bidders after the opening of bids
and before contract signing, except to those that failed or declared as
post-disqualified, upon submission of a written waiver of their right to
file a request for reconsideration and/or protest, or lapse of the
reglementary period without having filed a request for reconsideration
or protest. Without prejudice on its forfeiture, Bid Securities shall be
returned only after the Bidder with the Lowest Calculated Responsive
Bid (LCRB) has signed the contract and furnished the Performance
Security, but in no case later than the expiration of the Bid Security
validity period indicated in ITB Clause 18.2.

18.4. Upon signing and execution of the contract, pursuant to ITB Clause 31,
and the posting of the performance security, pursuant to ITB Clause
32, the successful Bidder’s Bid Security will be discharged, but in no

26
 case later than the Bid Security validity period as indicated in ITB
Clause 18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified
in ITB Clause 17;

(ii) does not accept the correction of errors pursuant to ITB

Clause 27.3(b);

(iii) has a finding against the veracity of the required

documents submitted in accordance with ITB Clause
28.2;

(iv) submission of eligibility requirements containing false

information or falsified documents;

(v) submission of bids that contain false information or

falsified documents, or the concealment of such
information in the bids in order to influence the outcome
of eligibility screening or any other stage of the public
bidding;

(vi) allowing the use of one’s name, or using the name of

another for purposes of public bidding;

(vii) withdrawal of a bid, or refusal to accept an award, or

enter into contract with the Government without justifiable
cause, after the Bidder had been adjudged as having
submitted the LCRB;

(viii) refusal or failure to post the required performance

security within the prescribed time;

(ix) refusal to clarify or validate in writing its bid during post-

qualification within a period of seven (7) calendar days
from receipt of the request for clarification;

(x) any documented attempt by a Bidder to unduly influence

the outcome of the bidding in his favor;

(xi) failure of the potential joint venture partners to enter into

the joint venture after the bid is declared successful; or

(xii) all other acts that tend to defeat the purpose of the
competitive bidding, such as habitually withdrawing from
bidding, submitting late Bids or patently insufficient bid,
for at least three (3) times within a year, except for valid
reasons.

27
 (b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause

31;

(ii) fails to furnish performance security in accordance with

ITB Clause 32.

19. Format and Signing of Bids

19.1 Bidders shall submit their bids through their duly authorized
representative using the appropriate forms provided in Section IX.
Bidding Forms on or before the deadline specified in the ITB Clause
21 in two (2) separate sealed bid envelopes, and which shall be
submitted simultaneously. The first shall contain the technical
component of the bid, including the eligibility requirements under ITB
Clause 12.1, and the second shall contain the financial component of
the bid. This shall also be observed for each lot in the case of lot
procurement.

19.2 Forms as mentioned in ITB Clause 19.1 must be completed without

any alterations to their format, and no substitute form shall be
accepted. All blank spaces shall be filled in with the information
requested.

19.3 The Bidder shall prepare and submit an original of the first and second
envelopes as described in ITB Clauses 12 and 13. In addition, the
Bidder shall submit copies of the first and second envelopes. In the
event of any discrepancy between the original and the copies, the
original shall prevail.

19.4 Each and every page of the Bid Form, including the Bill of Quantities,
under Section IX hereof, shall be signed by the duly authorized
representative/s of the Bidder. Failure to do so shall be a ground for the
rejection of the bid.

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

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

20. Sealing and Marking of Bids

20.1. Bidders shall enclose their original eligibility and technical documents
described in ITB Clause 12, in one sealed envelope marked
“ORIGINAL - TECHNICAL COMPONENT,” and the original of their
financial component in another sealed envelope marked “ORIGINAL -
FINANCIAL COMPONENT,” sealing them all in an outer envelope
marked “ORIGINAL BID.”

20.2. Each copy of the first and second envelopes shall be similarly sealed
duly marking the inner envelopes as “COPY NO. ___ - TECHNICAL

28
 COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and
the outer envelope as “COPY NO. ___,” respectively. These
envelopes containing the original and the copies shall then be enclosed
in one single envelope.

20.3. The original and the number of copies of the bid as indicated in the
BDS shall be typed or written in ink and shall be signed by the Bidder
or its duly authorized representative/s.

20.4. All envelopes shall:

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

(b) bear the name and address of the Bidder in capital letters;

(c) be addressed to the Procuring Entity’s BAC in accordance with

ITB Clause 20.1;

(d) bear the specific identification of this bidding process indicated

in the ITB Clause 1.2; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and time
for the opening of bids, in accordance with ITB Clause 21.

20.5. 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

21. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or
before the date and time indicated in the BDS.

22. Late Bids

Any bid submitted after the deadline for submission and receipt of bids
prescribed by the Procuring Entity, pursuant to ITB Clause 21, shall be
declared “Late” and shall not be accepted by the Procuring Entity. The BAC
shall record in the minutes of Bid Submission and Opening, the Bidder’s
name, its representative and the time the late bid was submitted.

23. Modification and Withdrawal of Bids

23.1. The Bidder may modify its bid after it has been submitted; provided that
the modification is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Bidder shall not be
allowed to retrieve its original bid, but shall be allowed to submit

29
 another bid equally sealed and properly identified in accordance with
Clause 20, linked to its original bid marked as “TECHNICAL
MODIFICATION” or “FINANCIAL MODIFICATION” and stamped
“received” by the BAC. Bid modifications received after the applicable
deadline shall not be considered and shall be returned to the Bidder
unopened.

23.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it
has been submitted, for valid and justifiable reason; provided that the
Letter of Withdrawal is received by the Procuring Entity prior to the
deadline prescribed for submission and receipt of bids. The Letter of
Withdrawal must be executed by the authorized representative of the
Bidder identified in the Omnibus Sworn Statement, a copy of which
should be attached to the letter.

23.3. Bids requested to be withdrawn in accordance with ITB Clause 23.1

shall be returned unopened to the Bidders. A Bidder, who has acquired
the bidding documents may also express its intention not to participate
in the bidding through a letter which should reach and be stamped by
the BAC before the deadline for submission and receipt of bids. A
Bidder that withdraws its bid shall not be permitted to submit another
bid, directly or indirectly, for the same contract.

23.4. No bid may be modified after the deadline for submission of bids. No
bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Financial Bid Form. Withdrawal of a bid
during this interval shall result in the forfeiture of the Bidder’s bid
security, pursuant to ITB Clause 18.5, and the imposition of
administrative, civil, and criminal sanctions as prescribed by RA 9184
and its IRR.

24. Opening and Preliminary Examination of Bids

24.1. The BAC shall open the Bids in public, immediately after the deadline
for the submission and receipt of bids in public, as specified in the
BDS. In case the Bids cannot be opened as scheduled due to
justifiable reasons, the BAC shall take custody of the Bids submitted
and reschedule the opening of Bids on the next working day or at the
soonest possible time through the issuance of a Notice of
Postponement to be posted in the PhilGEPS website and the website
of the Procuring Entity concerned.

24.2. Unless otherwise specified in the BDS, the BAC shall open the first bid
envelopes and determine each Bidder’s compliance with the
documents prescribed in ITB Clause 12, using a non-discretionary
“pass/fail” criterion. If a Bidder submits the required document, it shall
be rated “passed” for that particular requirement. In this regard, bids
that fail to include any requirement or are incomplete or patently
insufficient shall be considered as “failed”. Otherwise, the BAC shall
rate the said first bid envelope as “passed”.

30
24.3. Unless otherwise specified in the BDS, immediately after determining
compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible
Bidder whose first bid envelope was rated “passed.” The second
envelope of each complying Bidder shall be opened within the same
day. In case one or more of the requirements in the second envelope
of a particular bid is missing, incomplete or patently insufficient, and/or
if the submitted total bid price exceeds the ABC unless otherwise
provided in ITB Clause 13.2, the BAC shall rate the bid concerned as
“failed.” Only bids that are determined to contain all the bid
requirements for both components shall be rated “passed” and shall
immediately be considered for evaluation and comparison.

24.4. Letters of Withdrawal shall be read out and recorded during bid
opening, and the envelope containing the corresponding withdrawn bid
shall be returned to the Bidder unopened.

24.5. All members of the BAC who are present during bid opening shall initial
every page of the original copies of all bids received and opened.

24.6. In the case of an eligible foreign bidder as described in ITB Clause 5,

the following Class “A” Documents may be substituted with the
appropriate equivalent documents, if any, issued by the country of the
foreign bidder concerned, which shall likewise be uploaded and
maintained in the PhilGEPS in accordance with Section 8.5.2 of the
IRR.:

a) Registration certificate from the Securities and Exchange

Commission (SEC), Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives;

b) Mayor’s/Business permit issued by the local government where the

principal place of business of the Bidder is located; and

c) Audited Financial Statements showing, among others, the

prospective Bidder’s total and current assets and liabilities stamped
“received” by the Bureau of Internal Revenue or its duly accredited
and authorized institutions, for the preceding calendar year which
should not be earlier than two years from the date of bid
submission.

24.7. Each partner of a joint venture agreement shall likewise submit the
document required in ITB Clause 12.1(a)(i). Submission of documents
required under ITB Clauses 12.1(a)(ii) to 12.1(a)(iv) by any of the joint
venture partners constitutes compliance.

24.8. The Procuring Entity shall prepare the minutes of the proceedings of
the bid opening that shall include, as a minimum: (a) names of
Bidders, their bid price (per lot, if applicable, and/or including discount,
if any), bid security, findings of preliminary examination, and whether

31
 there is a withdrawal or modification; and (b) attendance sheet. The
BAC members shall sign the abstract of bids as read.

24.8. The Bidders or their duly authorized representatives may attend the
opening of bids. The BAC shall ensure the integrity, security, and
confidentiality of all submitted bids. The Abstract of Bids as read and
the minutes of the Bid Opening shall be made available to the public
upon written request and payment of a specified fee to recover cost of
materials.

24.9 To ensure transparency and accurate representation of the bid

submission, the BAC Secretariat shall notify in writing all Bidders
whose bids it has received through its PhilGEPS-registered physical
address or official e-mail address. The notice shall be issued within
seven (7) calendar days from the date of the bid opening.

E. Evaluation and Comparison of Bids

25. Process to be Confidential

25.1. Members of the BAC, including its staff and personnel, as well as its
Secretariat and TWG, are prohibited from making or accepting any kind
of communication with any Bidder regarding the evaluation of their bids
until the issuance of the Notice of Award, unless otherwise allowed in
the case of ITB Clause 26.

25.2. Any effort by a Bidder to influence the Procuring Entity in the Procuring
Entity’s decision in respect of bid evaluation, bid comparison or
contract award will result in the rejection of the Bidder’s bid.

26. Clarification of Bids

To assist in the evaluation, comparison and post-qualification of the bids, the

Procuring Entity may ask in writing any Bidder for a clarification of its bid. All
responses to requests for clarification shall be in writing. Any clarification
submitted by a Bidder in respect to its bid and that is not in response to a
request by the Procuring Entity shall not be considered

27. Detailed Evaluation and Comparison of Bids

27.1. The Procuring Entity will undertake the detailed evaluation and
comparison of Bids which have passed the opening and preliminary
examination of Bids, pursuant to ITB Clause 24, in order to determine
the Lowest Calculated Bid.

27.2. The Lowest Calculated Bid shall be determined in two steps:

(a) The detailed evaluation of the financial component of the bids, to

establish the correct calculated prices of the bids; and

32
 (b) The ranking of the total bid prices as so calculated from the
lowest to highest. The bid with the lowest price shall be
identified as the Lowest Calculated Bid.

27.3. The Procuring Entity's BAC shall immediately conduct a detailed

evaluation of all bids rated “passed,” using non-discretionary “pass/fail”
criterion. The BAC shall consider the following in the evaluation of bids:

(a) Completeness of the bid. Unless the BDS allows partial bids,
bids not addressing or providing all of the required items in the
Schedule of Requirements including, where applicable, bill of
quantities, shall be considered non-responsive and, thus,
automatically disqualified. In this regard, where a required item
is provided, but no price is indicated, the same shall be
considered as non-responsive, but specifying a zero (0) or a
dash (-) for the said item would mean that it is being offered for
free to the Procuring Entity, except those required by law or
regulations to be provided for; and

(b) Arithmetical corrections. Consider computational errors and

omissions to enable proper comparison of all eligible bids. It
may also consider bid modifications. Any adjustment shall be
calculated in monetary terms to determine the calculated prices.

27.4. Based on the detailed evaluation of bids, those that comply with the
above-mentioned requirements shall be ranked in the ascending order
of their total calculated bid prices, as evaluated and corrected for
computational errors, discounts and other modifications, to identify the
Lowest Calculated Bid. Total calculated bid prices, as evaluated and
corrected for computational errors, discounts and other modifications,
which exceed the ABC shall not be considered, unless otherwise
indicated in the BDS.

27.5. The Procuring Entity’s evaluation of bids shall be based on the bid
price quoted in the Bid Form, which includes the Bill of Quantities.

27.6. Bids shall be evaluated on an equal footing to ensure fair competition.

For this purpose, all Bidders shall be required to include in their bids
the cost of all taxes, such as, but not limited to, value added tax (VAT),
income tax, local taxes, and other fiscal levies and duties which shall
be itemized in the bid form and reflected in the detailed estimates.
Such bids, including said taxes, shall be the basis for bid evaluation
and comparison.

27.7. If so indicated pursuant to ITB Clause 1.2. Bids are being invited for
individual lots or for any combination thereof, provided that all Bids and
combinations of Bids shall be received by the same deadline and
opened and evaluated simultaneously so as to determine the bid or
combination of bids offering the lowest calculated cost to the Procuring
Entity. Bid prices quoted shall correspond to all of the requirements
specified for each lot. Bid Security as required by ITB Clause 18 shall

33
 be submitted for each contract (lot) separately. The basis for evaluation
of lots is specified in BDS Clause 27.3.

28. Post Qualification

28.1. The BAC shall determine to its satisfaction whether the Bidder that is
evaluated as having submitted the Lowest Calculated Bid complies
with and is responsive to all the requirements and conditions specified
in ITB Clauses 5, 12, and 13.

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

Failure to submit any of the post-qualification requirements on time, or

a finding against the veracity thereof, shall disqualify the Bidder for
award. Provided in the event that a finding against the veracity of any
of the documents submitted is made, it shall cause the forfeiture of the
bid security in accordance with Section 69 of the IRR of RA 9184.

28.3. The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted pursuant
to ITB Clauses 12 and 13, as well as other information as the
Procuring Entity deems necessary and appropriate, using a non-
discretionary “pass/fail” criterion, which shall be completed within a
period of twelve (12) calendar days.

28.4. If the BAC determines that the Bidder with the Lowest Calculated Bid
passes all the criteria for post-qualification, it shall declare the said bid
as the LCRB, and recommend to the HoPE the award of contract to the
said Bidder at its submitted price or its calculated bid price, whichever
is lower, subject to ITB Clause 30.3.

28.5. A negative determination shall result in rejection of the Bidder’s bid, in

which event the Procuring Entity shall proceed to the next Lowest
Calculated Bid, with a fresh period to make a similar determination of
that Bidder’s capabilities to perform satisfactorily. If the second Bidder,
however, fails the post qualification, the procedure for post qualification
shall be repeated for the Bidder with the next Lowest Calculated Bid,
and so on until the LCRB is determined for recommendation of contract
award.

28.6. Within a period not exceeding fifteen (15) calendar days from the
determination by the BAC of the LCRB and the recommendation to
award the contract, the HoPE or his duly authorized representative
shall approve or disapprove the said recommendation.

34
 28.7. In the event of disapproval, which shall be based on valid, reasonable,
and justifiable grounds as provided for under Section 41 of the IRR of
RA 9184, the HoPE shall notify the BAC and the Bidder in writing of
such decision and the grounds for it. When applicable, the BAC shall
conduct a post-qualification of the Bidder with the next Lowest
Calculated Bid. A request for reconsideration may be filed by the
Bidder with the HoPE in accordance with Section 37.1.3 of the IRR of
RA 9184.

29. Reservation Clause

29.1. Notwithstanding the eligibility or post-qualification of a Bidder, the

Procuring Entity concerned reserves the right to review its
qualifications at any stage of the procurement process if it has
reasonable grounds to believe that a misrepresentation has been made
by the said Bidder, or that there has been a change in the Bidder’s
capability to undertake the project from the time it submitted its
eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements,
statements or documents, or any changes in the situation of the Bidder
which will affect its capability to undertake the project so that it fails the
preset eligibility or bid evaluation criteria, the Procuring Entity shall
consider the said Bidder as ineligible and shall disqualify it from
submitting a bid or from obtaining an award or contract.

29.2. Based on the following grounds, the Procuring Entity reserves the right
to reject any and all Bids, declare a Failure of Bidding at any time prior
to the contract award, or not to award the contract, without thereby
incurring any liability, and make no assurance that a contract shall be
entered into as a result of the bidding:

(a) If there is prima facie evidence of collusion between appropriate

public officers or employees of the Procuring Entity, or between
the BAC and any of the Bidders, or if the collusion is between or
among the Bidders themselves, or between a Bidder and a third
party, including any act which restricts, suppresses or nullifies or
tends to restrict, suppress or nullify competition;

(b) If the Procuring Entity’s BAC is found to have failed in following

the prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the award of
the contract will not redound to the benefit of the GOP as
follows:

(i) If the physical and economic conditions have significantly

changed so as to render the project no longer
economically, financially or technically feasible as
determined by the HoPE;

35
 (ii) If the project is no longer necessary as determined by the
HoPE; and

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

29.3. In addition, the Procuring Entity may likewise declare a failure of

bidding when:

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

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

(d) The Bidder with the LCRB refuses, without justifiable cause, to
accept the award of contract, and no award is made in
accordance with Section 40 of the IRR of RA 9184.

F. Award of Contract

30. Contract Award

30.1. Subject to ITB Clause 28, the HoPE or its duly authorized
representative shall award the contract to the Bidder whose bid has
been determined to be the LCRB.

30.2. Prior to the expiration of the period of bid validity, the Procuring Entity
shall notify the successful Bidder in writing that its bid has been
accepted, through a Notice of Award duly received by the Bidder or its
representative personally or by registered mail or electronically, receipt
of which must be confirmed in writing within two (2) days by the Bidder
with the LCRB and submitted personally or sent by registered mail or
electronically to the Procuring Entity.

30.3. Notwithstanding the issuance of the Notice of Award, award of contract

shall be subject to the following conditions:

(a) Submission of the following documents within ten (10) calendar

days from receipt of the Notice of Award:

(i) In the case of procurement by a Philippine Foreign

Service Office or Post, the PhilGEPS Registration
Number of the winning foreign Bidder; or

(ii) Valid PCAB license and registration for the type and cost
of the contract to be bid for foreign bidders when the
Treaty or International or Executive Agreement expressly
allows submission of the PCAB license and registration
for the type and cost of the contract to be bid as a pre-
condition to the Award;

36
 (b) Posting of the performance security in accordance with ITB
Clause 32;

(c) Signing of the contract as provided in ITB Clause 31; and

(d) Approval by higher authority, if required, as provided in Section

37.3 of the IRR of RA 9184.

31. Signing of the Contract

31.1. At the same time as the Procuring Entity notifies the successful Bidder
that its bid has been accepted, the Procuring Entity shall send the
Contract Form to the Bidder, which Contract has been provided in the
Bidding Documents, incorporating therein all agreements between the
parties.

31.2. Within ten (10) calendar days from receipt of the Notice of Award, the
successful Bidder shall post the required performance security, sign
and date the contract and return it to the Procuring Entity.

31.3. The Procuring Entity shall enter into contract with the successful Bidder
within the same ten (10) calendar day period provided that all the
documentary requirements are complied with.

31.4. The following documents shall form part of the contract:

(a) Contract Agreement;

(b) Bidding Documents;

(c) Winning Bidder’s bid, including the Technical and Financial

Proposals, and all other documents/statements submitted (e.g.,
Bidder’s response to request for clarifications on the bid),
including corrections to the bid, if any, resulting from the
Procuring Entity’s bid evaluation;

(d) Performance Security;

(e) Notice of Award of Contract; and

(f) Other contract documents that may be required by existing laws

and/or specified in the BDS.

32. Performance Security

32.1. To guarantee the faithful performance by the winning Bidder of its

obligations under the contract, it shall post a performance security
within a maximum period of ten (10) calendar days from the receipt of
the Notice of Award from the Procuring Entity and in no case later than
the signing of the contract.

37
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
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 Bank: Provided, Ten percent (10%)
however, that it shall be
confirmed or authenticated
by a Universal or
Commercial Bank, if issued
by a foreign bank.

For biddings conducted by

the LGUs, Bank
Draft/Guarantee, or
Irrevocable Letter of Credit
may be issued by other
banks certified by the BSP
as authorized to issue such
financial instrument.

(c) Surety bond callable upon

demand issued by a surety Thirty percent (30%)
or insurance company duly
certified by the Insurance
Commission as authorized to
issue such security.

32.3. Failure of the successful Bidder to comply with the above-mentioned

requirement shall constitute sufficient ground for the annulment of the
award and forfeiture of the bid security, in which event the Procuring
Entity shall have a fresh period to initiate and complete the post

38
 qualification of the second Lowest Calculated Bid. The procedure shall
be repeated until LCRB is identified and selected for recommendation
of contract award. However if no Bidder passed post-qualification, the
BAC shall declare the bidding a failure and conduct a re-bidding with
re-advertisement, if necessary.

33. Notice to Proceed

Within seven (7) calendar days from the date of approval of the Contract by
the appropriate government approving authority, the Procuring Entity shall
issue the Notice to Proceed (NTP) together with a copy or copies of the
approved contract to the successful Bidder. All notices called for by the terms
of the contract shall be effective only at the time of receipt thereof by the
successful Bidder.

34. Protest Mechanism

Decision of the procuring entity at any stage of the procurement process may
be questioned in accordance with Sections 55 of the IRR of RA 9184.

39
 Section III
Bid Data Sheet

40
 BID DATA SHEET (BDS)
ITB Clause The clauses herein stated correspond to the clauses of Section II.
Instruction to Bidders (ITB).

The amendments or specific instructions/details in the Instruction to

Bidders (ITB) are made in the Bid Data Sheet (BDS). The conditions of the
BDS qualify the ITB. In case of conflict, the provisions of BDS shall prevail
over the ITB.
1.1 The PROCURING ENTITY is the National Housing Authority (NHA).

The name of the Project and Reference No. is:

NHAR1CAR1- - Construction of Slope Protection and
ROBAC-INFR- Handrails for Tuba Resettlement Project
19-002
2 The Funding Source is:

The Government of the Philippines (GOP) through Corporate Budget for

the Contract approved by the governing Board for CY 2019 in the amount
of:
Ref. No. Name of Project ABC
NHAR1CAR1- - Construction of Slope - P12,999,941.00
ROBAC-INFR- Protection and Handrails
19-002 for Tuba Resettlement
Project
3.1 Corrupt, fraudulent practices - No further instructions.

5.1 Eligible Bidders - No further instructions.

5.2 Bidding is restricted to eligible bidders as defined in ITB Clause 5.1.

5.4 The Bidder must have completed, within ten (10) years from the
submission of bids, a single largest contract that is similar to this Project,
equivalent to at least fifty percent (50%) of the ABC adjusted to current
prices using the National Statistics Office consumer price index.

For this purpose, similar contracts shall refer to Construction of Slope

Protection and Handrails and completed within the period of ten (10)
years from date of tender as stated in the Invitation to Bid.
8.1 Subcontracting is allowed. The Bidder should identify the subcontractor
and the portion of the works to be subcontracted.

NOTE: The Contractor shall undertake not less than fifty percent (50%) of
the contracted work with its own resources.
8.2 The Subcontractors must meet the following eligibility criteria:
a) Must have completed project/s similar to the project under bidding.
b) Possess valid Philippine Contractors Accreditation Board (PCAB)
license and registration for the type and cost of the work to be sub-
contracted.

41
9.1 The NHA will hold a Pre-Bid Conference for this Project on September 19,
2019, 1:00 p.m. at the venue stated in the Invitation to Bid (or as stated in
the Bid Bulletin)
10.1 The Procuring Entity’s address is:

MELIZA S. BENEDITO
Regional Manager, Region I & CAR I

Attention to:
ATTY. RONY A. LAGMAY
District Manager – I. Norte, I. Sur, La Union & Abra /Chairman ROBAC
NATIONAL HOUSING AUTHORITY REGION I & CAR I
4th Floor, Unit 402 & 403, DBP Building, Session Road, Baguio City

10.3 No further instructions.

12.1 BIDDERS SHOULD USE ALL NHA PRESCRIBED FORMS IN THE
PREPARATION/SUBMISSION OF BIDS.

The FIRST ENVELOPE shall contain the ELIGIBILITY and TECHNICAL

documents, as follows:

ELIGIBILITY DOCUMENTS

Class "A" Documents:

a) Registration Certificate from the Securities and Exchange Commission

(SEC) supported with Articles of Incorporation, By-Laws and
Amendments, Department of Trade and Industry (DTI) for sole
proprietorship, or Cooperative Development Authority (CDA) for
cooperatives or any proof of such registration as stated in the Bidding
Documents;

b) Mayor’s Permit issued by the city or municipality where the principal

place of business of the prospective bidder is located supported with an
Official Receipt (OR) evidencing payment for the latest applicable
quarter or whole year (Paid up to 4th Quarter of 2019);

c) Valid Tax clearance for the current year per Executive Order 398,
Series of 2005 as finally reviewed and approved by the BIR.

d) Statement of all its COMPLETED government and private contracts

using Form SF-INFR-16. The statement shall include, for each contract,
the following:

i. name of the contract;

ii. date of the contract;
iii. contract duration;
iv. owner’s name and address;
v. nature of work;

42
 vi. contractor’s role (whether sole contractor, subcontractor, or
partner in a JV) and percentage of participation;
vii. total contract value at award;
viii. date of completion;
ix. total contract value at completion
x. the statement shall be supported with contracts/agreements,
Notices of Award and/or Notices to Proceed issued by the
owners; and
xi. the statement shall be supported with Certificate of Owner’s
Acceptance; and/or Constructors Performance Evaluation
Summary(CPES) Final Rating, and/or Certificate of Satisfactory
Completion.

e) Statement of all its ON-GOING government and private contracts,

including contracts awarded but not yet started, if any using Form SF-
INFR-15. The statement shall include, for each contract, the following:
i. name of the contract;
ii. date of the contract;
iii. contract duration;
iv. owner’s name and address;
v. nature of work;
vi. contractor’s role (whether sole contractor, subcontractor, or
partner in a JV) and percentage of participation;
vii. total contract value at award;
viii. estimated completion time;
ix. percentages of planned and actual accomplishments;
x. value of outstanding works; and
xi. the statement shall be supported by the Notices of Award (NOAs)
and/or Notices to Proceed (NTPs) issued by the owners.

f) Valid Philippine Contractors Accreditation Board (PCAB) License

and Registration for the type and cost required of the contracts;

g) Audited financial statements of the Contractor - these include the

following:
I. Independent Auditor’s Report for 2018(IN MY OPINION…);
II. Income Tax Return for 2018;
III. Balance Sheet for 2018; and
IV. Income Statement, and showing, among others, the
prospective total and current assets and liabilities, stamped
“received” by the BIR or its duly accredited and authorized
institutions, for the applicable preceding calendar year (2018);
and

h) The prospective bidder’s computation for its Net Financial Contracting

Capacity (NFCC);

i.) Updated PhilGEPS Platinum Certificate (if any);

43
Class "B" Document:

a) If applicable, valid Joint Venture Agreement (JVA) or, in lieu thereof,

duly notarized statements from all the potential joint venture partners
stating that they will enter into and abide by the provisions of the JVA in
the instance that the bid is successful shall be included in the bid using
Form SF-INFR-22. A Special PCAB License is required for bidders with
Joint Venture Agreement.

The TECHNICAL DOCUMENTS shall include the following documents:

a.) Bid security as to form, amount, validity period and supporting

documents prescribed herein (BDS)

b.) Project Requirements, which shall include the following:

b.1 Organizational Chart for the contract to be bid showing specific

names of key personnel and positions pledged for the project duly
signed by the authorized signatory;

b.2 List of Contractor’s Personnel (viz, Project Manager, Project

Engineers, Materials, Electrical, Sanitary, and Cost Engineers,
Construction Safety Officer and Foremen, etc.), to be assigned to
the contract to be bid using Form SF-INFR-48, supported with
their complete qualification and experience data sheets, PRC
Licenses, and Certificate of Training for the Safety Officer issued
by/in coordination with BWC/DOLE; and

b.3 List of Contractor’s equipment units, which are owned, leased,

and/or under purchase agreements, supported with proofs of
ownership such as Official Receipts of purchase/acquisition,
Deeds of Sale, Lease Contracts, and/or Certification of Availability
of Equipment from the equipment lessor/vendor for the duration of
the project using Form SF-INFR-49;

c) Notarized Sworn statement in accordance with Section 25.2(b)(iv) of

the IRR of RA 9184 and using the form prescribed in Section IX.
Bidding Forms to include statement for:

1. Ownership/corporation;
2. Authority of signatory;
3. Not “blacklisted” or barred from bidding;
4. Authenticity of documents;
5. Authority granted to NHA to verify all the documents submitted;
6. Disclosure of no relationship;
7. Compliance with existing labor laws and standards;
8. Bidder’s responsibilities (specific for the project); and
9. No pecuniary interests

44
 OWNERSHIP/CORPORATION should be appropriately supported with a
Corporate Secretary’s Certificate or other documents designating the
authorized participation in the bidding.

The authorized representative must have NOTARIZED AUTHORITY from

the Bidder/Firm to submit bid, as follows:

FOR CORPORATION: a Notarized Corporate Secretary’s Certificate; and

FOR SOLE PROPRIETORSHIP: a notarized Authority from the

Proprietor.

The minimum key personnel requirement (for this project) are:

1. 1-Project Engineer
2. 1-Safety Officer
3. 1-Construction Foreman

The minimum equipment requirement/Capacity (for this project) are:

No. No. Equipment/ Min. Capacity of Equipment

Units Description
1. 1 unit Dump Truck 15 cu.m. cap
2. 1 unit Water Truck 1,000 liters
3. 1 unit 1-Bagger Concrete 7 HP Engine
Mixer
4. 1 unit Concrete Vibrator 40 cu.m./day
5 1 unit Jack Hammer
12.1(a)(i) No other acceptable proof of registration is recognized.
12.1(a) G. Valid PCAB License and Registration should be for the type and cost of
(iv) the contract.
13.1 The FINANCIAL PROPOSAL shall include the following documents:

a) Financial Bid Form in accordance with the form prescribed in Section

IX. Bidding Forms;
b) Duly signed Bid Prices in the Schedule of Rates;
c) Detailed Estimates/Computation in coming up with the unit costs; and
d) Cash Flow by Quarter & Payments Schedule using Form SF-INFR-56.

13.1 (b) The ABC is P12,999,941.00. Any bid with a financial component
exceeding this amount shall not be accepted.

14.2 No further instructions.

15.4 All bid prices for the given scope of work in the contract as awarded shall
be considered as fixed prices, and therefore not subject to price escalation
during contract implementation, except under extraordinary circumstances
as specified in GCC Clause 48.

45
 Price escalation may be allowed in extraordinary circumstances as may be
determined by the NEDA in accordance with the Civil Code of the
Philippines, and upon the recommendation of the NHA. Furthermore, in
cases where the cost of the awarded contract is affected by any applicable
new laws, ordinances, regulations, or other acts of the GOP, promulgated
after the date of bid opening, a contract price adjustment shall be made or
appropriate relief shall be applied on a “no loss-no gain” basis.
16.1 The bid prices shall be quoted in Philippine Pesos.

17.1 Bids shall be valid until 120 calendar days from the date of the opening of
bids.
18.1 Bid Security
The prospective bidder shall be given the option to post a Bid Securing
Declaration OR any other form of Bid Security as follows:

1. 2% of the ABC, if bid security is in the form of cash,

cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit issued by a Universal or Commercial Bank;
2. 5% of the ABC, if bid security is in the form of Surety/Bidder’s Bond
and callable upon demand; or
3. Any combination of the foregoing proportionate to the share of form
with respect to total amount of security.
If in the form of a surety bond, the bid security must be supported by an (a)
Official Receipt (OR); (b) Certificate from the Insurance Commission
that the surety or insurance company is authorized to issue such security,
and (c) required exact amount of documentary stamps equivalent to
the amount paid for the item as stated in the Official Receipt.

There is no need to submit a Certificate from the Insurance Commission

for surety bond issued by the Government Service and Insurance System
(GSIS).
18.2 The Bid Security shall be valid until 120 calendar days from the date of
the opening of bids.

18.5 The Bid Security may be forfeited:

(a) If a Bidder:
(i) withdraws its bid during the period of bid validity specified in ITB
Clause 17;
(ii) does not accept the correction of errors pursuant to ITB Clause 27.3
(b);
(iii) fails to submit the requirements within the prescribed period, or a
finding against their veracity, as stated in ITB Clause 28.2;
(iv) submission of eligibility requirements containing false information
or falsified documents;
(v) submission of bids that contain false information or falsified
documents, or the concealment of such information in the bids in
order to influence the outcome of eligibility screening or any other

46
 stage of the public bidding;
(vi) allowing the use of one’s name, or using the name of another for
purposes of public bidding;
(vii) withdrawal of a bid, or refusal to accept an award, or enter into
contract with the Government without justifiable cause, after the
Bidder had been adjudged as having submitted the Lowest
Calculated and Responsive Bid;
(viii) refusal or failure to post the required performance security within
the prescribed time;
(ix) refusal to clarify or validate in writing its bid during post-
qualification within a period of seven (7) calendar days from
receipt of the request for clarification;
(x) any documented attempt by a bidder to unduly influence the
outcome of the bidding in his favor;
(xi) failure of the potential joint venture partners to enter into the joint
venture after the bid is declared successful; or
(xii) all other acts that tend to defeat the purpose of the competitive
bidding, such as habitually withdrawing from bidding, submitting
late Bids or patently insufficient bid, for at least three (3) times
within a year, except for valid reasons.

(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause 31;
(ii) fails to furnish performance security in accordance with ITB
Clause 32.
20.1 & 20.2 Prospective bidders should strictly follow the process of sealing, signing,
and marking of bids as detailed in Sections 19 & 20 of the ITB. The BAC
will not assume responsibility for misplaced and premature opening of the
bid for bids that are not properly sealed and marked.

TABS OR EARS must be provided for easier checking of documents. The

Eligibility, Technical and Financial Documents required for submission
shall be arranged sequentially in a folder as listed.

BAC1 will not assume responsibility for misplaced and premature opening
of the bid for bids that are not properly sealed and marked.
20.3 Each Bidder shall submit one (1) original and two (2) copies of the first
and second components of its bid.

All duplicates or reproduced copies must be stamped certified true

copies and originally signed.
20.5 Bid envelopes that are not properly sealed and marked, as required in the
bidding documents, shall not be rejected, but the Bidders 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, for its premature opening.

21 The Address for Submission of Bids is:

47
 NHA Region I & CAR I Office
4th Floor, Unit 402 & 403, DBP Building
Session Road, Baguio City

The deadline for Submission of Bids is October 8, 2019, not later than
1:00 p.m. (or as stated in the Invitation to Bid or announced during the
Pre-bid Conference).
24.1 The Place of Bid Opening is

NHA Region I & CAR I Office

4th Floor, Unit 402 & 403, DBP Building
Session Road, Baguio City

The date and time of Bid opening is October 8, 2019, 1:00 p.m.,
immediately after the deadline of submission of bids (or as stated in the
Invitation to Bid or announced during the Pre-bid Conference).
24.2 Opening of second envelopes. No further instructions.
27.3 PROVISIONAL SUMS (PS), if included in the Schedule of Rates (Bill of
Quantities), should not be changed/ altered by the prospective bidder. Bids
with any changes/revisions in the specified amount/s for Provisional Sums
shall be considered non-responsive/non-complying and, thus, shall be
automatically disqualified.
27.3(b) Bid modification is not allowed.
27.4 No further instructions.
27.6 The ABC is EXCLUSIVE of VAT. For uniformity, the bidders SHOULD
NOT INCLUDE the cost of VAT in their bids.

28.2(a) Only tax returns filed and taxes paid through the BIR Electronic Filing and
Payments System (EFPS) shall be accepted.
NOTE: The latest income and business tax returns are those within the
last six months preceding the date of bid submission.

28.2& Within a non-extendible period of five (5) calendar days from receipt by
31.4(g) the Bidder of the notice from the BAC that it submitted the Lowest
Calculated Bid (LCB), the Bidder shall submit the following documentary
requirements:

1. Latest income and business tax returns (VAT) for the last six (6)
months paid thru Electronic Filing and Payments System (EFPS)
pursuant to BIR Regulations No. 3-2005 dated February 16, 2005;
2. Construction Schedule and S-curve;
3. Manpower Schedule;
4. Equipment Utilization Schedule;
5. Construction Methods;
6. PERT/CPM
7. Application for Approval of Construction Safety and Health Program
duly received by the Bureau of Working Conditions of DOLE.

48
 Failure of the Bidder declared as Lowest Calculated Bid (LCB) to duly
submit the requirements under this Clause or a finding against the veracity
of such shall be ground for forfeiture of the Bid Security and
disqualification of the Bidder for award.

The LCB shall submit tax returns (income tax and business tax returns)
filed through the Electronic Filing and Payments System (EFPS).

For the Business Tax Returns (VAT or Percentage Tax Returns), the last
applicable six (6) months are January – June 2019
28.4 Award of contract to the Bidder with the Lowest Calculated and
Responsive Bid (LCRB) shall be at its submitted or calculated bid,
WHICHEVER IS LOWER.

32.2 The Performance Security shall be in the following amount:

10% of the Total Contract Price, if the performance security is in the form
of cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable
letter of credit issued by a Universal or Commercial Bank;

30% of the Total Contract Price if the performance security is in the form
Surety Bond, it must be callable upon demand; or

Any combination of the foregoing proportionate to the share of form with

respect to total amount of security.

If in the form of a surety bond, the Performance Security must be

supported by an Official Receipt (OR), a Certificate from the Insurance
Commission that the surety or insurance company is authorized to issue
such security, and required documentary stamps corresponding to the
amount paid for the item.

33.2 The effective date of the Contract is within seven (7) calendar days upon
receipt of the Notice to Proceed.

49
 Section IV
General Conditions of Contract

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 H.TABLE OF CONTENTS
1. DEFINITIONS ......................................................................................................................... 53
2. INTERPRETATION .................................................................................................................. 55
3. GOVERNING LANGUAGE AND LAW ....................................................................................... 56
4. COMMUNICATIONS .............................................................................................................. 56
5. POSSESSION OF SITE ............................................................................................................. 56
6. THE CONTRACTOR’S OBLIGATIONS........................................................................................ 57
7. PERFORMANCE SECURITY ..................................................................................................... 58
8. SUBCONTRACTING ................................................................................................................ 59
9. LIQUIDATED DAMAGES ......................................................................................................... 59
10. SITE INVESTIGATION REPORTS ............................................................................................... 60
11. THE PROCURING ENTITY, LICENSES AND PERMITS.................................................................. 60
12. CONTRACTOR’S RISK AND WARRANTY SECURITY ................................................................... 60
13. LIABILITY OF THE CONTRACTOR ............................................................................................. 62
14. PROCURING ENTITY’S RISK..................................................................................................... 62
15. INSURANCE ........................................................................................................................... 63
16. TERMINATION FOR DEFAULT OF CONTRACTOR...................................................................... 64
17. TERMINATION FOR DEFAULT OF PROCURING ENTITY............................................................. 65
18. TERMINATION FOR OTHER CAUSES........................................................................................ 65
19. PROCEDURES FOR TERMINATION OF CONTRACTS.................................................................. 67
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE ................................................................. 70
21. RESOLUTION OF DISPUTES..................................................................................................... 70
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION ................................................ 71
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS ............................................................. 71
24. APPROVAL OF DRAWINGS AND TEMPORARY WORKS BY THE PROCURING ENTITY’S
REPRESENTATIVE ............................................................................................................ 71
25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING ENTITY’S REPRESENTATIVE......... 72
26. EXTENSION OF THE INTENDED COMPLETION DATE ................................................................ 72
27. RIGHT TO VARY ..................................................................................................................... 72
28. CONTRACTORS RIGHT TO CLAIM............................................................................................ 73
29. DAYWORKS ........................................................................................................................... 73
30. EARLY WARNING ................................................................................................................... 73
31. PROGRAM OF WORK ............................................................................................................. 73
32. MANAGEMENT CONFERENCES .............................................................................................. 74
33. BILL OF QUANTITIES .............................................................................................................. 74
34. INSTRUCTIONS, INSPECTIONS AND AUDITS ............................................................................ 75
35. IDENTIFYING DEFECTS ........................................................................................................... 75
36. COST OF REPAIRS .................................................................................................................. 75

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37. CORRECTION OF DEFECTS...................................................................................................... 76
38. UNCORRECTED DEFECTS........................................................................................................ 76
39. ADVANCE PAYMENT .............................................................................................................. 76
40. PROGRESS PAYMENTS ........................................................................................................... 77
41. PAYMENT CERTIFICATES ........................................................................................................ 77
42. RETENTION............................................................................................................................ 78
43. VARIATION ORDERS............................................................................................................... 79
44. CONTRACT COMPLETION....................................................................................................... 80
45. SUSPENSION OF WORK.......................................................................................................... 80
46. PAYMENT ON TERMINATION ................................................................................................. 81
47. EXTENSION OF CONTRACT TIME ............................................................................................ 82
48. PRICE ADJUSTMENT............................................................................................................... 83
49. COMPLETION ........................................................................................................................ 83
50. TAKING OVER ........................................................................................................................ 83
51. OPERATING AND MAINTENANCE MANUALS .......................................................................... 84

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1. Definitions

For purposes of this Clause, boldface type is used to identify defined terms.

1.1. The Arbiter is the person appointed jointly by the Procuring Entity and
the Contractor to resolve disputes in the first instance, as provided for
in GCC Clause 21.

1.2. Bill of Quantities refers to a list of the specific items of the Work and
their corresponding unit prices, lump sums, and/or provisional sums.

1.3. The Completion Date is the date of completion of the Works as

certified by the Procuring Entity’s Representative, in accordance with
GCC Clause 49.

1.4. The Contract is the contract between the Procuring Entity and the
Contractor to execute, complete, and maintain the Works.

1.5 The Contract Effectivity Date is the date of signing of the Contract.
However, the contractor shall commence execution of the Works on
the Start Date as defined in GCC Clause 1.28.

1.6 The Contract Price is the price stated in the Notice of Award and
thereafter to be paid by the Procuring Entity to the Contractor for the
execution of the Works in accordance with this Contract

1.7 Contract Time Extension is the allowable period for the Contractor to
complete the Works in addition to the original Completion Date stated
in this Contract.

1.8 The Contractor is the juridical entity whose proposal has been
accepted by the Procuring Entity and to whom the Contract to execute
the Work was awarded.

1.9 The Contractor’s Bid is the signed offer or proposal submitted by the
Contractor to the Procuring Entity in response to the Bidding
Documents.

1.10 Days are calendar days; months are calendar months.

1.11 Dayworks are varied work inputs subject to payment on a time basis
for the Contractor’s employees and Equipment, in addition to payments
for associated Materials and Plant.

1.12 A Defect is any part of the Works not completed in accordance with the
Contract.

1.13 The Defects Liability Certificate is the certificate issued by Procuring

Entity’s Representative upon correction of defects by the Contractor.

1.14 The Defects Liability Period is the one year period between contract
completion and final acceptance within which the Contractor assumes

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 the responsibility to undertake the repair of any damage to the Works
at his own expense.

1.15 Drawings are graphical presentations of the Works. They include all
supplementary details, shop drawings, calculations, and other
information provided or approved for the execution of this Contract.

1.16 Equipment refers to all facilities, supplies, appliances, materials or

things required for the execution and completion of the Work provided
by the Contractor and which shall not form or are not intended to form
part of the Permanent Works.

1.17 The Intended Completion Date refers to the date specified in the SCC
when the Contractor is expected to have completed the Works. The
Intended Completion Date may be revised only by the Procuring
Entity’s Representative by issuing an extension of time or an
acceleration order.

1.18 Materials are all supplies, including consumables, used by the

Contractor for incorporation in the Works.

1.19 The Notice to Proceed is a written notice issued by the Procuring

Entity or the Procuring Entity’s Representative to the Contractor
requiring the latter to begin the commencement of the work not later
than a specified or determinable date.

1.20 Permanent Works are all permanent structures and all other project
features and facilities required to be constructed and completed in
accordance with this Contract which shall be delivered to the Procuring
Entity and which shall remain at the Site after the removal of all
Temporary Works.

1.21 Plant refers to the machinery, apparatus, and the like intended to form
an integral part of the Permanent Works.

1.22 The Procuring Entity is the party who employs the Contractor to carry
out the Works stated in the SCC.

1.23 The Procuring Entity’s Representative refers to the Head of the

Procuring Entity or his duly authorized representative, identified in the
SCC, who shall be responsible for supervising the execution of the
Works and administering this Contract.

1.24 The Site is the place provided by the Procuring Entity where the Works
shall be executed and any other place or places which may be
designated in the SCC, or notified to the Contractor by the Procuring
Entity’s Representative as forming part of the Site.

1.25 Site Investigation Reports are those that were included in the Bidding
Documents and are factual and interpretative reports about the surface
and subsurface conditions at the Site.

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 1.26 Slippage is a delay in work execution occurring when actual
accomplishment falls below the target as measured by the difference
between the scheduled and actual accomplishment of the Work by the
Contractor as established from the work schedule. This is actually
described as a percentage of the whole Works.

1.27 Specifications means the description of Works to be done and the

qualities of materials to be used, the equipment to be installed and the
mode of construction.

1.28 The Start Date, as specified in the SCC, is the date when the
Contractor is obliged to commence execution of the Works. It does not
necessarily coincide with any of the Site Possession Dates.

1.29 A Subcontractor is any person or organization to whom a part of the

Works has been subcontracted by the Contractor, as allowed by the
Procuring Entity, but not any assignee of such person.

1.30 Temporary Works are works designed, constructed, installed, and

removed by the Contractor that are needed for construction or
installation of the Permanent Works.

1.31 Work(s) refer to the Permanent Works and Temporary Works to be

executed by the Contractor in accordance with this Contract, including
(i) the furnishing of all labor, materials, equipment and others
incidental, necessary or convenient to the complete execution of the
Works; (ii) the passing of any tests before acceptance by the Procuring
Entity’s Representative; (iii) and the carrying out of all duties and
obligations of the Contractor imposed by this Contract as described in
the SCC.

2. Interpretation

2.1. In interpreting the Conditions of Contract, singular also means plural,

male also means female or neuter, and the other way around.
Headings have no significance. Words have their normal meaning
under the language of this Contract unless specifically defined. The
Procuring Entity’s Representative will provide instructions clarifying
queries about the Conditions of Contract.

2.2. If sectional completion is specified in the SCC, references in the

Conditions of Contract to the Works, the Completion Date, and the
Intended Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the
whole of the Works).

2.3. The documents forming this Contract shall be interpreted in the following
order of priority:

a) Contract Agreement;

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 b) Bid Data Sheet;

c) Instructions to Bidders;

d) Addenda to the Bidding Documents;

e) Special Conditions of Contract;

f) General Conditions of Contract;

g) Specifications;

h) Bill of Quantities; and

i) Drawings.

3. Governing Language and Law

3.1. This Contract has been executed in the English language, which shall
be the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract. All correspondence and
other documents pertaining to this Contract which are exchanged by
the parties shall be written in English.

3.2. This Contract shall be interpreted in accordance with the laws of the
Republic of the Philippines.

4. Communications

Communications between parties that are referred to in the Conditions shall

be effective only when in writing. A notice shall be effective only when it is
received by the concerned party.

5. Possession of Site

5.1. On the date specified in the SCC, the Procuring Entity shall grant the
Contractor possession of so much of the Site as may be required to
enable it to proceed with the execution of the Works. If the Contractor
suffers delay or incurs cost from failure on the part of the Procuring
Entity to give possession in accordance with the terms of this clause,
the Procuring Entity’s Representative shall give the Contractor a
Contract Time Extension and certify such sum as fair to cover the cost
incurred, which sum shall be paid by Procuring Entity.

5.2. If possession of a portion is not given by the date stated in the SCC
Clause 5.1, the Procuring Entity will be deemed to have delayed the
start of the relevant activities. The resulting adjustments in contract
time to address such delay shall be in accordance with GCC Clause
47.

5.3. The Contractor shall bear all costs and charges for special or
temporary right-of-way required by it in connection with access to the

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 Site. The Contractor shall also provide at his own cost any additional
facilities outside the Site required by it for purposes of the Works.

5.4. The Contractor shall allow the Procuring Entity’s Representative and
any person authorized by the Procuring Entity’s Representative access
to the Site and to any place where work in connection with this
Contract is being carried out or is intended to be carried out.

6. The Contractor’s Obligations

6.1. The Contractor shall carry out the Works properly and in accordance
with this Contract. The Contractor shall provide all supervision, labor,
Materials, Plant and Contractor's Equipment, which may be required.
All Materials and Plant on Site shall be deemed to be the property of
the Procuring Entity.

6.2. The Contractor shall commence execution of the Works on the Start
Date and shall carry out the Works in accordance with the Program of
Work submitted by the Contractor, as updated with the approval of the
Procuring Entity’s Representative, and complete them by the Intended
Completion Date.

6.3. The Contractor shall be responsible for the safety of all activities on the
Site.

6.4. The Contractor shall carry out all instructions of the Procuring Entity’s
Representative that comply with the applicable laws where the Site is
located.

6.5. The Contractor shall employ the key personnel named in the Schedule
of Key Personnel, as referred to in the SCC, to carry out the
supervision of the Works. The Procuring Entity will approve any
proposed replacement of key personnel only if their relevant
qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.

6.6. If the Procuring Entity’s Representative asks the Contractor to remove

a member of the Contractor’s staff or work force, for justifiable cause,
the Contractor shall ensure that the person leaves the Site within seven
(7) days and has no further connection with the Work in this Contract.

6.7. During Contract implementation, the Contractor and his subcontractors

shall abide at all times by all labor laws, including child labor related
enactments, and other relevant rules.

6.8. The Contractor shall submit to the Procuring Entity for consent the
name and particulars of the person authorized to receive instructions
on behalf of the Contractor.

6.9. The Contractor shall cooperate and share the Site with other
contractors, public authorities, utilities, and the Procuring Entity

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 between the dates given in the schedule of other contractors
particularly when they shall require access to the Site. The Contractor
shall also provide facilities and services for them during this period.
The Procuring Entity may modify the schedule of other contractors, and
shall notify the Contractor of any such modification thereto.

6.10. Should anything of historical or other interest or of significant value be

unexpectedly discovered on the Site, it shall be the property of the
Procuring Entity. The Contractor shall notify the Procuring Entity’s
Representative of such discoveries and carry out the Procuring Entity’s
Representative’s instructions in dealing with them.

7. Performance Security

7.1. Within ten (10) calendar days from receipt of the Notice of Award from
the Procuring Entity but in no case later than the signing of the contract
by both parties, the Contractor shall furnish the performance security in
any of the forms prescribed in ITB Clause 32.2.

7.2. The performance security posted in favor of the Procuring Entity shall
be forfeited in the event it is established that the Contractor is in default
in any of its obligations under the Contract.

7.3. The performance security shall remain valid until issuance by the
Procuring Entity of the Certificate of Final Acceptance.

7.4. The performance security may be released by the Procuring Entity and
returned to the Contractor after the issuance of the Certificate of Final
Acceptance subject to the following conditions:

(a) There are no pending claims against the Contractor or the

surety company filed by the Procuring Entity;

(b) The Contractor has no pending claims for labor and materials
filed against it; and

(c) Other terms specified in the SCC.

7.5. The Contractor shall post an additional performance security following

the amount and form specified in ITB Clause 32.2 to cover any
cumulative increase of more than ten percent (10%) over the original
value of the contract as a result of amendments to order or change
orders, extra work orders and supplemental agreements, as the case
may be. The Contractor shall cause the extension of the validity of the
performance security to cover approved contract time extensions.

7.6. In case of a reduction in the contract value or for partially completed

Works under the contract which are usable and accepted by the
Procuring Entity the use of which, in the judgment of the implementing
agency or the Procuring Entity, will not affect the structural integrity of
the entire project, the Procuring Entity shall allow a proportional

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 reduction in the original performance security, provided that any such
reduction is more than ten percent (10%) and that the aggregate of
such reductions is not more than fifty percent (50%) of the original
performance security.

7.7. Unless otherwise indicated in the SCC, the Contractor, by entering into
the Contract with the Procuring Entity, acknowledges the right of the
Procuring Entity to institute action pursuant to Act 3688 against any
subcontractor be they an individual, firm, partnership, corporation, or
association supplying the Contractor with labor, materials and/or
equipment for the performance of this Contract.

8. Subcontracting

8.1. Unless otherwise indicated in the SCC, the Contractor cannot

subcontract Works more than the percentage specified in BDS Clause
8.1.

8.2. Subcontracting of any portion of the Works does not relieve the
Contractor of any liability or obligation under this Contract. The
Contractor will be responsible for the acts, defaults, and negligence of
any subcontractor, its agents, servants or workmen as fully as if these
were the Contractor’s own acts, defaults, or negligence, or those of its
agents, servants or workmen.

8.3. If subcontracting is allowed. The contractor may identify its

subcontractor during contract implementation stage. Subcontractors
disclosed and identified during the bidding may be changed during the
implementation of this Contract. In either case, subcontractors must
submit the documentary requirements under ITB Clause 12 and
comply with the eligibility criteria specified in the BDS. In the event that
any subcontractor is found by any Procuring Entity to be eligible, the
subcontracting of such portion of the Works shall be disallowed.

9. Liquidated Damages

9.1. The Contractor shall pay liquidated damages to the Procuring Entity for
each day that the Completion Date is later than the Intended
Completion Date. The applicable liquidated damages is at least one-
tenth (1/10) of a percent of the cost of the unperformed portion for
every day of delay. The total amount of liquidated damages shall not
exceed ten percent (10%) of the amount of the contract. The Procuring
Entity may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities. Once the cumulative amount of liquidated
damages reaches ten percent (10%) of the amount of this Contract, the
Procuring Entity may rescind or terminate this Contract, without
prejudice to other courses of action and remedies available under the
circumstances.

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 9.2. If the Intended Completion Date is extended after liquidated damages
have been paid, the Engineer of the Procuring Entity shall correct any
overpayment of liquidated damages by the Contractor by adjusting the
next payment certificate.

10. Site Investigation Reports

The Contractor, in preparing the Bid, shall rely on any Site Investigation
Reports referred to in the SCC supplemented by any information obtained by
the Contractor.

11. The Procuring Entity, Licenses and Permits

The Procuring Entity shall, if requested by the Contractor, assist him in

applying for permits, licenses or approvals, which are required for the Works.

12. Contractor’s Risk and Warranty Security

12.1. The Contractor shall assume full responsibility for the Works from the
time project construction commenced up to final acceptance by the
Procuring Entity and shall be held responsible for any damage or
destruction of the Works except those occasioned by force majeure.
The Contractor shall be fully responsible for the safety, protection,
security, and convenience of his personnel, third parties, and the public
at large, as well as the Works, Equipment, installation, and the like to
be affected by his construction work.

12.2. The defects liability period for infrastructure projects shall be one year
from contract completion up to final acceptance by the Procuring Entity.
During this period, the Contractor shall undertake the repair works, at
his own expense, of any damage to the Works on account of the use of
materials of inferior quality within ninety (90) days from the time the
HoPE has issued an order to undertake repair. In case of failure or
refusal to comply with this mandate, the Procuring Entity shall
undertake such repair works and shall be entitled to full reimbursement
of expenses incurred therein upon demand.

12.3. Unless otherwise indicated in the SCC, in case the Contractor fails to
comply with the preceding paragraph, the Procuring Entity shall forfeit
its performance security, subject its property(ies) to attachment or
garnishment proceedings, and perpetually disqualify it from
participating in any public bidding. All payables of the GoP in his favor
shall be offset to recover the costs.

12.4. After final acceptance of the Works by the Procuring Entity, the
Contractor shall be held responsible for “Structural Defects,” i.e., major
faults/flaws/deficiencies in one or more key structural elements of the
project which may lead to structural failure of the completed
elements or structure, or “Structural Failures,” i.e., where one or more
key structural elements in an infrastructure facility fails or collapses,
thereby rendering the facility or part thereof incapable of withstanding

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 the design loads, and/or endangering the safety of the users or the
general public:

(a) Contractor – Where Structural Defects/Failures arise due to

faults attributable to improper construction, use of inferior
quality/substandard materials, and any violation of the contract
plans and specifications, the contractor shall be held liable;

(b) Consultants – Where Structural Defects/Failures arise due to

faulty and/or inadequate design and specifications as well as
construction supervision, then the consultant who prepared the
design or undertook construction supervision for the project shall
be held liable;

(c) Procuring Entity’s Representatives/Project

Manager/Construction Managers and Supervisors – The project
owner’s representative(s), project manager, construction
manager, and supervisor(s) shall be held liable in cases where
the Structural Defects/Failures are due to his/their willful
intervention in altering the designs and other specifications;
negligence or omission in not approving or acting on proposed
changes to noted defects or deficiencies in the design and/or
specifications; and the use of substandard construction
materials in the project;

(d) Third Parties - Third Parties shall be held liable in cases where
Structural Defects/Failures are caused by work undertaken by
them such as leaking pipes, diggings or excavations,
underground cables and electrical wires, underground tunnel,
mining shaft and the like, in which case the applicable warranty
to such structure should be levied to third parties for their
construction or restoration works.

(e) Users - In cases where Structural Defects/Failures are due to

abuse/misuse by the end user of the constructed facility and/or
non–compliance by a user with the technical design limits and/or
intended purpose of the same, then the user concerned shall be
held liable.

12.5. The warranty against Structural Defects/Failures, except those

occasioned on force majeure, shall cover the period specified in the
SCC reckoned from the date of issuance of the Certificate of Final
Acceptance by the Procuring Entity.

12.6. The Contractor shall be required to put up a warranty security in the

form of cash, bank guarantee, letter of credit, GSIS or surety bond
callable on demand, in accordance with the following schedule:

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 Amount of Warranty
Security
Form of Warranty Not less than the
Percentage (%) of Total
Contract Price
(a) Cash or letter of credit issued by
Universal or Commercial bank:
provided, however, that the letter
of credit shall be confirmed or Five Percent (5%)
authenticated by a Universal or
Commercial bank, if issued by a
foreign bank
(b) Bank guarantee confirmed by
Universal or Commercial bank:
provided, however, that the letter
of credit shall be confirmed or Ten Percent (10%)
authenticated by a Universal or
Commercial bank, if issued by a
foreign bank
(c) Surety bond callable upon demand
issued by GSIS or any surety or
Thirty Percent (30%)
insurance company duly certified
by the Insurance Commission

12.7. The warranty security shall be stated in Philippine Pesos and shall
remain effective for one year from the date of issuance of the
Certificate of Final Acceptance by the Procuring Entity, and returned
only after the lapse of said one year period.

12.8. In case of structural defects/failure occurring during the applicable

warranty period provided in GCC Clause 12.5, the Procuring Entity
shall undertake the necessary restoration or reconstruction works and
shall be entitled to full reimbursement by the parties found to be liable
for expenses incurred therein upon demand, without prejudice to the
filing of appropriate administrative, civil, and/or criminal charges
against the responsible persons as well as the forfeiture of the warranty
security posted in favor of the Procuring Entity.

13. Liability of the Contractor

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

14. Procuring Entity’s Risk

14.1. From the Start Date until the Certificate of Final Acceptance has been
issued, the following are risks of the Procuring Entity:

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 (a) The risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and
Equipment), which are due to:

(i) any type of use or occupation of the Site authorized by

the Procuring Entity after the official acceptance of the
works; or

(ii) negligence, breach of statutory duty, or interference with

any legal right by the Procuring Entity or by any person
employed by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and

Equipment to the extent that it is due to a fault of the Procuring
Entity or in the Procuring Entity’s design, or due to war or
radioactive contamination directly affecting the country where
the Works are to be executed.

15. Insurance

15.1. The Contractor shall, under his name and at his own expense, obtain
and maintain, for the duration of this Contract, the following insurance
coverage:

(a) Contractor’s All Risk Insurance;

(b) Transportation to the project Site of Equipment, Machinery, and

Supplies owned by the Contractor;

(c) Personal injury or death of Contractor’s employees; and

(d) Comprehensive insurance for third party liability to Contractor’s

direct or indirect act or omission causing damage to third
persons.

15.2. The Contractor shall provide evidence to the Procuring Entity’s

Representative that the insurances required under this Contract have
been effected and shall, within a reasonable time, provide copies of the
insurance policies to the Procuring Entity’s Representative. Such
evidence and such policies shall be provided to the Procuring Entity’s
through the Procuring Entity’s Representative.

15.3. The Contractor shall notify the insurers of changes in the nature,
extent, or program for the execution of the Works and ensure the
adequacy of the insurances at all times in accordance with the terms of
this Contract and shall produce to the Procuring Entity’s
Representative the insurance policies in force including the receipts for
payment of the current premiums.

The above insurance policies shall be obtained from any reputable

insurance company approved by the Procuring Entity’s Representative.

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 15.4. If the Contractor fails to obtain and keep in force the insurances
referred to herein or any other insurance which he may be required to
obtain under the terms of this Contract, the Procuring Entity may obtain
and keep in force any such insurances and pay such premiums as may
be necessary for the purpose. From time to time, the Procuring Entity
may deduct the amount it shall pay for said premiums including twenty
five percent (25%) therein from any monies due, or which may become
due, to the Contractor, without prejudice to the Procuring Entity
exercising its right to impose other sanctions against the Contractor
pursuant to the provisions of this Contract.

15.5. In the event the Contractor fails to observe the above safeguards, the
Procuring Entity may, at the Contractor’s expense, take whatever
measure is deemed necessary for its protection and that of the
Contractor’s personnel and third parties, and/or order the interruption of
dangerous Works. In addition, the Procuring Entity may refuse to
make the payments under GCC Clause 40 until the Contractor
complies with this Clause.

15.6. The Contractor shall immediately replace the insurance policy obtained
as required in this Contract, without need of the Procuring Entity’s
demand, with a new policy issued by a new insurance company
acceptable to the Procuring Entity for any of the following grounds:

(a) The issuer of the insurance policy to be replaced has:

(i) become bankrupt;

(ii) been placed under receivership or under a management

committee;

(iii) been sued for suspension of payment; or

(iv) been suspended by the Insurance Commission and its

license to engage in business or its authority to issue
insurance policies cancelled; or

(v) Where reasonable grounds exist that the insurer may not
be able, fully and promptly, to fulfill its obligation under
the insurance policy.

16. Termination for Default of Contractor

16.1. The Procuring Entity shall terminate this Contract for default when any
of the following conditions attend its implementation:

(i) Due to the Contractor’s fault and while the project is on-going, it
has incurred negative slippage of fifteen percent (15%) or more
in accordance with Presidential Decree 1870, regardless of
whether or not previous warnings and notices have been issued
for the Contractor to improve his performance;

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 (ii) Due to its own fault and after this Contract time has expired, the
Contractor incurs delay in the completion of the Work after this
Contract has expired; or

(iii) The Contractor:

(i) abandons the contract Works, refuses or fails to comply

with a valid instruction of the Procuring Entity or fails to
proceed expeditiously and without delay despite a written
notice by the Procuring Entity;

(ii) does not actually have on the project Site the minimum
essential equipment listed on the bid necessary to
prosecute the Works in accordance with the approved
Program of Work and equipment deployment schedule as
required for the project;

(iii) does not execute the Works in accordance with this

Contract or persistently or flagrantly neglects to carry out
its obligations under this Contract;

(iv) neglects or refuses to remove materials or to perform a

new Work that has been rejected as defective or
unsuitable; or

(v) sub-lets any part of this Contract without approval by the

Procuring Entity.

16.2. All materials on the Site, Plant, Works, including Equipment purchased
and funded under the Contract shall be deemed to be the property of
the Procuring Entity if this Contract is rescinded because of the
Contractor’s default.

17. Termination for Default of Procuring Entity

The Contractor may terminate this Contract with the Procuring Entity if the
works are completely stopped for a continuous period of at least sixty (60)
calendar days through no fault of its own, due to any of the following reasons:

(a) Failure of the Procuring Entity to deliver, within a reasonable time,

supplies, materials, right-of-way, or other items it is obligated to furnish
under the terms of this Contract; or

(b) The prosecution of the Work is disrupted by the adverse peace and
order situation, as certified by the Armed Forces of the Philippines
Provincial Commander and approved by the Secretary of National
Defense.

18. Termination for Other Causes

18.1. The Procuring Entity may terminate this Contract, in whole or in part, at
any time for its convenience. The HoPE may terminate this Contract

65
 for the convenience of the Procuring Entity if he has determined the
existence of conditions that make Project Implementation
economically, financially or technically impractical and/or unnecessary,
such as, but not limited to, fortuitous event(s) or changes in law and
National Government policies.

18.2. The Procuring Entity or the Contractor may terminate this Contract if
the other party causes a fundamental breach of this Contract.

18.3. Fundamental breaches of Contract shall include, but shall not be

limited to, the following:

(a) The Contractor stops work for twenty eight (28) days when no
stoppage of work is shown on the current Program of Work and
the stoppage has not been authorized by the Procuring Entity’s
Representative;

(b) The Procuring Entity’s Representative instructs the Contractor to

delay the progress of the Works, and the instruction is not
withdrawn within twenty eight (28) days;

(c) The Procuring Entity shall terminate this Contract if the

Contractor is declared bankrupt or insolvent as determined with
finality by a court of competent jurisdiction. In this event,
termination will be without compensation to the Contractor,
provided that such termination will not prejudice or affect any
right of action or remedy which has accrued or will accrue
thereafter to the Procuring Entity and/or the Contractor. In the
case of the Contractor's insolvency, any Contractor's Equipment
which the Procuring Entity instructs in the notice is to be used
until the completion of the Works;

(d) A payment certified by the Procuring Entity’s Representative is

not paid by the Procuring Entity to the Contractor within eighty
four (84) days from the date of the Procuring Entity’s
Representative’s certificate;

(e) The Procuring Entity’s Representative gives Notice that failure to

correct a particular Defect is a fundamental breach of Contract
and the Contractor fails to correct it within a reasonable period
of time determined by the Procuring Entity’s Representative;

(f) The Contractor does not maintain a Security, which is required;

(g) The Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated
damages can be paid, as defined in the GCC Clause 9; and

(h) In case it is determined prima facie by the Procuring Entity that

the Contractor has engaged, before or during the
implementation of the contract, in unlawful deeds and behaviors

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 relative to contract acquisition and implementation, such as, but
not limited to, the following:

(i) corrupt, fraudulent, collusive, coercive, and obstructive

practices as defined in ITB Clause 3.1(a), unless
otherwise specified in the SCC;

(ii) drawing up or using forged documents;

(iii) using adulterated materials, means or methods, or

engaging in production contrary to rules of science or the
trade; and

(iv) any other act analogous to the foregoing.

18.4. The Funding Source or the Procuring Entity, as appropriate, will seek
to impose the maximum civil, administrative and/or criminal penalties
available under the applicable law on individuals and organizations
deemed to be involved with corrupt, fraudulent, or coercive practices.

18.5. When persons from either party to this Contract gives notice of a
fundamental breach to the Procuring Entity’s Representative in order
to terminate the existing contract for a cause other than those listed
under GCC Clause 18.3, the Procuring Entity’s Representative shall
decide whether the breach is fundamental or not.

18.6. If this Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site as
soon as reasonably possible.

19. Procedures for Termination of Contracts

19.1. The following provisions shall govern the procedures for the
termination of this Contract:

(a) Upon receipt of a written report of acts or causes which may

constitute ground(s) for termination as aforementioned, or upon
its own initiative, the Procuring Entity shall, within a period of
seven (7) calendar days, verify the existence of such ground(s)
and cause the execution of a Verified Report, with all relevant
evidence attached;

(b) Upon recommendation by the Procuring Entity, the HoPE shall

terminate this Contract only by a written notice to the Contractor
conveying the termination of this Contract. The notice shall
state:

(i) that this Contract is being terminated for any of the

ground(s) afore-mentioned, and a statement of the acts
that constitute the ground(s) constituting the same;

(ii) the extent of termination, whether in whole or in part;

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 (iii) an instruction to the Contractor to show cause as to why
this Contract should not be terminated; and

(iv) special instructions of the Procuring Entity, if any.

The Notice to Terminate shall be accompanied by a copy of the

Verified Report;

(c) Within a period of seven (7) calendar days from receipt of the
Notice of Termination, the Contractor shall submit to the HoPE a
verified position paper stating why the contract should not be
terminated. If the Contractor fails to show cause after the lapse
of the seven (7) day period, either by inaction or by default, the
HoPE shall issue an order terminating the contract;

(d) The Procuring Entity may, at anytime before receipt of the

Contractor’s verified position paper described in item (c) above
withdraw the Notice to Terminate if it is determined that certain
items or works subject of the notice had been completed,
delivered, or performed before the Contractor’s receipt of the
notice;

(e) Within a non-extendible period of ten (10) calendar days from

receipt of the verified position paper, the HoPE shall decide
whether or not to terminate this Contract. It shall serve a written
notice to the Contractor of its decision and, unless otherwise
provided in the said notice, this Contract is deemed terminated
from receipt of the Contractor of the notice of decision. The
termination shall only be based on the ground(s) stated in the
Notice to Terminate; and

(f) The HoPE may create a Contract Termination Review

Committee (CTRC) to assist him in the discharge of this
function. All decisions recommended by the CTRC shall be
subject to the approval of the HoPE.

19.2. Pursuant to Section 69(f) of RA 9184 and without prejudice to the

imposition of additional administrative sanctions as the internal rules of
the agency may provide and/or further criminal prosecution as provided
by applicable laws, the procuring entity shall impose on contractors
after the termination of the contract the penalty of suspension for one
(1) year for the first offense, suspension for two (2) years for the
second offense from participating in the public bidding process, for
violations committed during the contract implementation stage, which
include but not limited to the following:

(a) Failure of the contractor, due solely to his fault or negligence, to

mobilize and start work or performance within the specified
period in the Notice to Proceed (“NTP”);

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(b) Failure by the contractor to fully and faithfully comply with its
contractual obligations without valid cause, or failure by the
contractor to comply with any written lawful instruction of the
procuring entity or its representative(s) pursuant to the
implementation of the contract. For the procurement of
infrastructure projects or consultancy contracts, lawful
instructions include but are not limited to the following:

(i) Employment of competent technical personnel,

competent engineers and/or work supervisors;

(ii) Provision of warning signs and barricades in accordance

with approved plans and specifications and contract
provisions;

(iii) Stockpiling in proper places of all materials and removal

from the project site of waste and excess materials,
including broken pavement and excavated debris in
accordance with approved plans and specifications and
contract provisions;

(iv) Deployment of committed equipment, facilities, support

staff and manpower; and

(v) Renewal of the effectivity dates of the performance

security after its expiration during the course of contract
implementation.

(c) Assignment and subcontracting of the contract or any part

thereof or substitution of key personnel named in the proposal
without prior written approval by the procuring entity.

(d) Poor performance by the contractor or unsatisfactory quality

and/or progress of work arising from his fault or negligence as
reflected in the Constructor's Performance Evaluation System
(“CPES”) rating sheet. In the absence of the CPES rating sheet,
the existing performance monitoring system of the procuring
entity shall be applied. Any of the following acts by the
Contractor shall be construed as poor performance:

(i) Negative slippage of 15% and above within the critical

path of the project due entirely to the fault or negligence
of the contractor; and

(ii) Quality of materials and workmanship not complying with

the approved specifications arising from the contractor's
fault or negligence.

(e) Willful or deliberate abandonment or non-performance of the

project or contract by the contractor resulting to substantial
breach thereof without lawful and/or just cause.

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 In addition to the penalty of suspension, the performance security
posted by the contractor shall also be forfeited.

20. Force Majeure, Release From Performance

20.1. For purposes of this Contract the terms “force majeure” and “fortuitous
event” may be used interchangeably. In this regard, a fortuitous event
or force majeure shall be interpreted to mean an event which the
Contractor could not have foreseen, or which though foreseen, was
inevitable. It shall not include ordinary unfavorable weather conditions;
and any other cause the effects of which could have been avoided with
the exercise of reasonable diligence by the Contractor.

20.2. If this Contract is discontinued by an outbreak of war or by any other

event entirely outside the control of either the Procuring Entity or the
Contractor, the Procuring Entity’s Representative shall certify that this
Contract has been discontinued. The Contractor shall make the Site
safe and stop work as quickly as possible after receiving this certificate
and shall be paid for all works carried out before receiving it and for
any Work carried out afterwards to which a commitment was made.

20.3. If the event continues for a period of eighty four (84) days, either party
may then give notice of termination, which shall take effect twenty eight
(28) days after the giving of the notice.

20.4. After termination, the Contractor shall be entitled to payment of the

unpaid balance of the value of the Works executed and of the materials
and Plant reasonably delivered to the Site, adjusted by the following:

(a) any sum to which the Contractor is entitled under GCC Clause
28;

(b) the cost of his suspension and demobilization;

(c) any sum to which the Procuring Entity is entitled.

20.5. The net balance due shall be paid or repaid within a reasonable time
period from the time of the notice of termination.

21. Resolution of Disputes

21.1. If any dispute or difference of any kind whatsoever shall arise between
the parties in connection with the implementation of the contract
covered by the Act and this IRR, the parties shall make every effort to
resolve amicably such dispute or difference by mutual consultation.

21.2. If the Contractor believes that a decision taken by the Procuring

Entity’s Representative was either outside the authority given to the
Procuring Entity’s Representative by this Contract or that the decision
was wrongly taken, the decision shall be referred to the Arbiter
indicated in the SCC within fourteen (14) days of the notification of the
Procuring Entity’s Representative’s decision.

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 21.3. Any and all disputes arising from the implementation of this Contract
covered by the R.A. 9184 and its IRR shall be submitted to arbitration
in the Philippines according to the provisions of Republic Act No. 876,
otherwise known as the “ Arbitration Law” and Republic Act 9285,
otherwise known as the “Alternative Dispute Resolution Act of 2004”:
Provided, however, That, disputes that are within the competence of
the Construction Industry Arbitration Commission to resolve shall be
referred thereto. The process of arbitration shall be incorporated as a
provision in this Contract that will be executed pursuant to the
provisions of the Act and its IRR: Provided, further, That, by mutual
agreement, the parties may agree in writing to resort to other
alternative modes of dispute resolution.

22. Suspension of Loan, Credit, Grant, or Appropriation

In the event that the Funding Source suspends the Loan, Credit, Grant, or
Appropriation to the Procuring Entity, from which part of the payments to the
Contractor are being made:

(a) The Procuring Entity is obligated to notify the Contractor of such

suspension within seven (7) days of having received the suspension
notice.

(b) If the Contractor has not received sums due it for work already done
within forty five (45) days from the time the Contractor’s claim for
payment has been certified by the Procuring Entity’s Representative,
the Contractor may immediately issue a suspension of work notice in
accordance with GCC Clause 45.2.

23. Procuring Entity’s Representative’s Decisions

23.1. Except where otherwise specifically stated, the Procuring Entity’s

Representative will decide contractual matters between the Procuring
Entity and the Contractor in the role representing the Procuring Entity.

23.2. The Procuring Entity’s Representative may delegate any of his duties
and responsibilities to other people, except to the Arbiter, after notifying
the Contractor, and may cancel any delegation after notifying the
Contractor.

24. Approval of Drawings and Temporary Works by the Procuring Entity’s

Representative

24.1. All Drawings prepared by the Contractor for the execution of the
Temporary Works, are subject to prior approval by the Procuring
Entity’s Representative before its use.

24.2. The Contractor shall be responsible for design of Temporary Works.

24.3. The Procuring Entity’s Representative’s approval shall not alter the
Contractor’s responsibility for design of the Temporary Works.

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 24.4. The Contractor shall obtain approval of third parties to the design of the
Temporary Works, when required by the Procuring Entity.

25. Acceleration and Delays Ordered by the Procuring Entity’s

Representative

25.1. When the Procuring Entity wants the Contractor to finish before the
Intended Completion Date, the Procuring Entity’s Representative will
obtain priced proposals for achieving the necessary acceleration from
the Contractor. If the Procuring Entity accepts these proposals, the
Intended Completion Date will be adjusted accordingly and confirmed
by both the Procuring Entity and the Contractor.

25.2. If the Contractor’s Financial Proposals for an acceleration are accepted

by the Procuring Entity, they are incorporated in the Contract Price and
treated as a Variation.

26. Extension of the Intended Completion Date

26.1. The Procuring Entity’s Representative shall extend the Intended

Completion Date if a Variation is issued which makes it impossible for
the Intended Completion Date to be achieved by the Contractor without
taking steps to accelerate the remaining work, which would cause the
Contractor to incur additional costs. No payment shall be made for any
event which may warrant the extension of the Intended Completion
Date.

26.2. The Procuring Entity’s Representative shall decide whether and by how
much to extend the Intended Completion Date within twenty one (21)
days of the Contractor asking the Procuring Entity’s Representative for
a decision thereto after fully submitting all supporting information. If the
Contractor has failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, the delay by this failure shall not be
considered in assessing the new Intended Completion Date.

27. Right to Vary

27.1. The Procuring Entity’s Representative with the prior approval of the
Procuring Entity may instruct Variations, up to a maximum cumulative
amount of ten percent (10%) of the original contract cost.

27.2. Variations shall be valued as follows:

(a) At a lump sum price agreed between the parties;

(b) where appropriate, at rates in this Contract;

(c) in the absence of appropriate rates, the rates in this Contract

shall be used as the basis for valuation; or failing which

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 (d) at appropriate new rates, equal to or lower than current industry
rates and to be agreed upon by both parties and approved by
the HoPE.

28. Contractor's Right to Claim

If the Contractor incurs cost as a result of any of the events under GCC
Clause 13, the Contractor shall be entitled to the amount of such cost. If as a
result of any of the said events, it is necessary to change the Works, this shall
be dealt with as a Variation.

29. Dayworks

29.1. Subject to GCC Clause 43 on Variation Order, and if applicable as

indicated in the SCC, the Dayworks rates in the Contractor’s bid shall
be used for small additional amounts of work only when the Procuring
Entity’s Representative has given written instructions in advance for
additional work to be paid for in that way.

29.2. All work to be paid for as Dayworks shall be recorded by the Contractor
on forms approved by the Procuring Entity’s Representative. Each
completed form shall be verified and signed by the Procuring Entity’s
Representative within two days of the work being done.

29.3. The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.

30. Early Warning

30.1. The Contractor shall warn the Procuring Entity’s Representative at the
earliest opportunity of specific likely future events or circumstances that
may adversely affect the quality of the work, increase the Contract
Price, or delay the execution of the Works. The Procuring Entity’s
Representative may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the Contract
Price and Completion Date. The estimate shall be provided by the
Contractor as soon as reasonably possible.

30.2. The Contractor shall cooperate with the Procuring Entity’s

Representative in making and considering proposals for how the effect
of such an event or circumstance can be avoided or reduced by
anyone involved in the work and in carrying out any resulting
instruction of the Procuring Entity’s Representative.

31. Program of Work

31.1. Within the time stated in the SCC, the Contractor shall submit to the
Procuring Entity’s Representative for approval a Program of Work
showing the general methods, arrangements, order, and timing for all
the activities in the Works.

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 31.2. An update of the Program of Work shall show the actual progress
achieved on each activity and the effect of the progress achieved on
the timing of the remaining work, including any changes to the
sequence of the activities.

31.3. The Contractor shall submit to the Procuring Entity’s Representative for
approval an updated Program of Work at intervals no longer than the
period stated in the SCC. If the Contractor does not submit an updated
Program of Work within this period, the Procuring Entity’s
Representative may withhold the amount stated in the SCC from the
next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Program of Work
has been submitted.

31.4. The Procuring Entity’s Representative’s approval of the Program of

Work shall not alter the Contractor’s obligations. The Contractor may
revise the Program of Work and submit it to the Procuring Entity’s
Representative again at any time. A revised Program of Work shall
show the effect of any approved Variations.

31.5. When the Program of Work is updated, the Contractor shall provide the
Procuring Entity’s Representative with an updated cash flow forecast.
The cash flow forecast shall include different currencies, as defined in
the Contract, converted as necessary using the Contract exchange
rates.

31.6. All Variations shall be included in updated Program of Work produced

by the Contractor.

32. Management Conferences

32.1. Either the Procuring Entity’s Representative or the Contractor may

require the other to attend a Management Conference. The
Management Conference shall review the plans for remaining work and
deal with matters raised in accordance with the early warning
procedure.

32.2. The Procuring Entity’s Representative shall record the business of

Management Conferences and provide copies of the record to those
attending the Conference and to the Procuring Entity. The
responsibility of the parties for actions to be taken shall be decided by
the Procuring Entity’s Representative either at the Management
Conference or after the Management Conference and stated in writing
to all who attended the Conference.

33. Bill of Quantities

33.1. The Bill of Quantities shall contain items of work for the construction,
installation, testing, and commissioning of work to be done by the
Contractor.

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 33.2. The Bill of Quantities is used to calculate the Contract Price. The
Contractor is paid for the quantity of the work done at the rate in the Bill
of Quantities for each item.

33.3. If the final quantity of any work done differs from the quantity in the Bill
of Quantities for the particular item and is not more than twenty five
percent (25%) of the original quantity, provided the aggregate changes
for all items do not exceed ten percent (10%) of the Contract price, the
Procuring Entity’s Representative shall make the necessary
adjustments to allow for the changes subject to applicable laws, rules,
and regulations.

33.4. If requested by the Procuring Entity’s Representative, the Contractor

shall provide the Procuring Entity’s Representative with a detailed cost
breakdown of any rate in the Bill of Quantities.

34. Instructions, Inspections and Audits

34.1. The Procuring Entity’s personnel shall at all reasonable times during
construction of the Work be entitled to examine, inspect, measure and
test the materials and workmanship, and to check the progress of the
construction.

34.2. If the Procuring Entity’s Representative instructs the Contractor to carry

out a test not specified in the Specification to check whether any work
has a defect and the test shows that it does, the Contractor shall pay
for the test and any samples. If there is no defect, the test shall be a
Compensation Event.

34.3. The Contractor shall permit the Funding Source named in the SCC to
inspect the Contractor’s accounts and records relating to the
performance of the Contractor and to have them audited by auditors
appointed by the Funding Source, if so required by the Funding
Source.

35. Identifying Defects

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

36. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works

between the Start Date and the end of the Defects Liability Periods shall be
remedied by the Contractor at the Contractor’s cost if the loss or damage
arises from the Contractor’s acts or omissions.

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37. Correction of Defects

37.1. The Procuring Entity’s Representative shall give notice to the

Contractor of any defects before the end of the Defects Liability Period,
which is One (1) year from project completion up to final acceptance by
the Procuring Entity’s Representative.

37.2. Every time notice of a defect is given, the Contractor shall correct the
notified defect within the length of time specified in the Procuring
Entity’s Representative’s notice.

37.3. The Contractor shall correct the defects which he notices himself
before the end of the Defects Liability Period.

37.4. The Procuring Entity shall certify that all defects have been corrected. If
the Procuring Entity considers that correction of a defect is not
essential, he can request the Contractor to submit a quotation for the
corresponding reduction in the Contract Price. If the Procuring Entity
accepts the quotation, the corresponding change in the SCC is a
Variation.

38. Uncorrected Defects

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

38.2. The use of a third party to correct defects that are uncorrected by the
Contractor will in no way relieve the Contractor of its liabilities and
warranties under the Contract.

39. Advance Payment

39.1. The Procuring Entity shall, upon a written request of the contractor
which shall be submitted as a contract document, make an advance
payment to the contractor in an amount not exceeding fifteen percent
(15%) of the total contract price, to be made in lump sum or, at the
most two, installments according to a schedule specified in the SCC.

39.2. The advance payment shall be made only upon the submission to and
acceptance by the Procuring Entity of an irrevocable standby letter of
credit of equivalent value from a commercial bank, a bank guarantee or
a surety bond callable upon demand, issued by a surety or insurance
company duly licensed by the Insurance Commission and confirmed by
the Procuring Entity.

39.3. The advance payment shall be repaid by the Contractor by an amount

equal to the percentage of the total contract price used for the advance
payment.

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 39.4. The contractor may reduce his standby letter of credit or guarantee
instrument by the amounts refunded by the Monthly Certificates in the
advance payment.

39.5. The Procuring Entity will provide an Advance Payment on the Contract
Price as stipulated in the Conditions of Contract, subject to the
maximum amount stated in SCC Clause 39.1.

40. Progress Payments

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

40.2. The Procuring Entity shall deduct the following from the certified gross
amounts to be paid to the contractor as progress payment:

(a) Cumulative value of the work previously certified and paid for.

(b) Portion of the advance payment to be recouped for the month.

(c) Retention money in accordance with the condition of contract.

(d) Amount to cover third party liabilities.

(e) Amount to cover uncorrected discovered defects in the works.

40.3. Payments shall be adjusted by deducting therefrom the amounts for

advance payments and retention. The Procuring Entity shall pay the
Contractor the amounts certified by the Procuring Entity’s
Representative within twenty eight (28) days from the date each
certificate was issued. No payment of interest for delayed payments
and adjustments shall be made by the Procuring Entity.

40.4. The first progress payment may be paid by the Procuring Entity to the
Contractor provided that at least twenty percent (20%) of the work has
been accomplished as certified by the Procuring Entity’s
Representative.

40.5. Items of the Works for which a price of “0” (zero) has been entered will
not be paid for by the Procuring Entity and shall be deemed covered by
other rates and prices in the Contract.

41. Payment Certificates

41.1. The Contractor shall submit to the Procuring Entity’s Representative

monthly statements of the estimated value of the work executed less
the cumulative amount certified previously.

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 41.2. The Procuring Entity’s Representative shall check the Contractor’s
monthly statement and certify the amount to be paid to the Contractor.

41.3. The value of Work executed shall:

(a) be determined by the Procuring Entity’s Representative;

(b) comprise the value of the quantities of the items in the Bill of
Quantities completed; and

(c) include the valuations of approved variations.

41.4. The Procuring Entity’s Representative may exclude any item certified in
a previous certificate or reduce the proportion of any item previously
certified in any certificate in the light of later information.

42. Retention

42.1. The Procuring Entity shall retain from each payment due to the
Contractor an amount equal to a percentage thereof using the rate as
specified in GCC Sub-Clause 42.2.

42.2. Progress payments are subject to retention of ten percent (10%),

referred to as the “retention money.” Such retention shall be based on
the total amount due to the Contractor prior to any deduction and shall
be retained from every progress payment until fifty percent (50%) of the
value of Works, as determined by the Procuring Entity, are completed.
If, after fifty percent (50%) completion, the Work is satisfactorily done
and on schedule, no additional retention shall be made; otherwise, the
ten percent (10%) retention shall again be imposed using the rate
specified therefor.

42.3. The total “retention money” shall be due for release upon final
acceptance of the Works. The Contractor may, however, request the
substitution of the retention money for each progress billing with
irrevocable standby letters of credit from a commercial bank, bank
guarantees or surety bonds callable on demand, of amounts equivalent
to the retention money substituted for and acceptable to the Procuring
Entity, provided that the project is on schedule and is satisfactorily
undertaken. Otherwise, the ten (10%) percent retention shall be made.
Said irrevocable standby letters of credit, bank guarantees and/or
surety bonds, to be posted in favor of the Government shall be valid for
a duration to be determined by the concerned implementing
office/agency or Procuring Entity and will answer for the purpose for
which the ten (10%) percent retention is intended, i.e., to cover
uncorrected discovered defects and third party liabilities.

42.4. On completion of the whole Works, the Contractor may substitute

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

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43. Variation Orders

43.1. Variation Orders may be issued by the Procuring Entity to cover any
increase/decrease in quantities, including the introduction of new work
items that are not included in the original contract or reclassification of
work items that are either due to change of plans, design or alignment
to suit actual field conditions resulting in disparity between the
preconstruction plans used for purposes of bidding and the “as staked
plans” or construction drawings prepared after a joint survey by the
Contractor and the Procuring Entity after award of the contract,
provided that the cumulative amount of the Variation Order does not
exceed ten percent (10%) of the original project cost. The
addition/deletion of Works should be within the general scope of the
project as bid and awarded. The scope of works shall not be reduced
so as to accommodate a positive Variation Order. A Variation Order
may either be in the form of a Change Order or Extra Work Order.

43.2. A Change Order may be issued by the Procuring Entity to cover any
increase/decrease in quantities of original Work items in the contract.

43.3. An Extra Work Order may be issued by the Procuring Entity to cover
the introduction of new work necessary for the completion,
improvement or protection of the project which were not included as
items of Work in the original contract, such as, where there are
subsurface or latent physical conditions at the site differing materially
from those indicated in the contract, or where there are duly unknown
physical conditions at the site of an unusual nature differing materially
from those ordinarily encountered and generally recognized as inherent
in the Work or character provided for in the contract.

43.4. Any cumulative Variation Order beyond ten percent (10%) shall be
subject of another contract to be bid out if the works are separable from
the original contract. In exceptional cases where it is urgently
necessary to complete the original scope of work, the HoPE may
authorize a positive Variation Order go beyond ten percent (10%) but
not more than twenty percent (20%) of the original contract price,
subject to the guidelines to be determined by the GPPB: Provided,
however, That appropriate sanctions shall be imposed on the designer,
consultant or official responsible for the original detailed engineering
design which failed to consider the Variation Order beyond ten percent
(10%).

43.5. In claiming for any Variation Order, the Contractor shall, within seven
(7) calendar days after such work has been commenced or after the
circumstances leading to such condition(s) leading to the extra cost,
and within twenty-eight (28) calendar days deliver a written
communication giving full and detailed particulars of any extra cost in
order that it may be investigated at that time. Failure to provide either
of such notices in the time stipulated shall constitute a waiver by the
contractor for any claim. The preparation and submission of Variation
Orders are as follows:

79
 (a) If the Procuring Entity’s representative/Project Engineer believes
that a Change Order or Extra Work Order should be issued, he
shall prepare the proposed Order accompanied with the notices
submitted by the Contractor, the plans therefore, his
computations as to the quantities of the additional works
involved per item indicating the specific stations where such
works are needed, the date of his inspections and investigations
thereon, and the log book thereof, and a detailed estimate of the
unit cost of such items of work, together with his justifications for
the need of such Change Order or Extra Work Order, and shall
submit the same to the HoPE for approval.

(b) The HoPE or his duly authorized representative, upon receipt of

the proposed Change Order or Extra Work Order shall
immediately instruct the appropriate technical staff or office of
the Procuring Entity to conduct an on-the-spot investigation to
verify the need for the Work to be prosecuted and to review the
proposed plan, and prices of the work involved.

(c) The technical staff or appropriate office of the Procuring Entity

shall submit a report of their findings and recommendations,
together with the supporting documents, to the Head of
Procuring Entity or his duly authorized representative for
consideration.

(d) The HoPE or his duly authorized representative, acting upon the
recommendation of the technical staff or appropriate office, shall
approve the Change Order or Extra Work Order after being
satisfied that the same is justified, necessary, and in order.

(e) The timeframe for the processing of Variation Orders from the
preparation up to the approval by the Procuring Entity
concerned shall not exceed thirty (30) calendar days.

44. Contract Completion

Once the project reaches an accomplishment of ninety five (95%) of the total
contract amount, the Procuring Entity may create an inspectorate team to
make preliminary inspection and submit a punch-list to the Contractor in
preparation for the final turnover of the project. Said punch-list will contain,
among others, the remaining Works, Work deficiencies for necessary
corrections, and the specific duration/time to fully complete the project
considering the approved remaining contract time. This, however, shall not
preclude the claim of the Procuring Entity for liquidated damages.

45. Suspension of Work

45.1. The Procuring Entity shall have the authority to suspend the work
wholly or partly by written order for such period as may be deemed
necessary, due to force majeure or any fortuitous events or for failure
on the part of the Contractor to correct bad conditions which are unsafe

80
 for workers or for the general public, to carry out valid orders given by
the Procuring Entity or to perform any provisions of the contract, or due
to adjustment of plans to suit field conditions as found necessary
during construction. The Contractor shall immediately comply with such
order to suspend the work wholly or partly.

45.2. The Contractor or its duly authorized representative shall have the right
to suspend work operation on any or all projects/activities along the
critical path of activities after fifteen (15) calendar days from date of
receipt of written notice from the Contractor to the district
engineer/regional director/consultant or equivalent official, as the case
may be, due to the following:

(a) There exist right-of-way problems which prohibit the Contractor

from performing work in accordance with the approved
construction schedule.

(b) Requisite construction plans which must be owner-furnished are

not issued to the contractor precluding any work called for by
such plans.

(c) Peace and order conditions make it extremely dangerous, if not

possible, to work. However, this condition must be certified in
writing by the Philippine National Police (PNP) station which has
responsibility over the affected area and confirmed by the
Department of Interior and Local Government (DILG) Regional
Director.

(d) There is failure on the part of the Procuring Entity to deliver

government-furnished materials and equipment as stipulated in
the contract.

(e) Delay in the payment of Contractor’s claim for progress billing

beyond forty-five (45) calendar days from the time the
Contractor’s claim has been certified to by the procuring entity’s
authorized representative that the documents are complete
unless there are justifiable reasons thereof which shall be
communicated in writing to the Contractor.

45.3. In case of total suspension, or suspension of activities along the critical

path, which is not due to any fault of the Contractor, the elapsed time
between the effectivity of the order suspending operation and the order
to resume work shall be allowed the Contractor by adjusting the
contract time accordingly.

46. Payment on Termination

46.1. If the Contract is terminated because of a fundamental breach of

Contract by the Contractor, the Procuring Entity’s Representative shall
issue a certificate for the value of the work done and Materials ordered
less advance payments received up to the date of the issue of the

81
 certificate and less the percentage to apply to the value of the work not
completed, as indicated in the SCC. Additional Liquidated Damages
shall not apply. If the total amount due to the Procuring Entity exceeds
any payment due to the Contractor, the difference shall be a debt
payable to the Procuring Entity.

46.2. If the Contract is terminated for the Procuring Entity’s convenience or

because of a fundamental breach of Contract by the Procuring Entity,
the Procuring Entity’s Representative shall issue a certificate for the
value of the work done, Materials ordered, the reasonable cost of
removal of Equipment, repatriation of the Contractor’s personnel
employed solely on the Works, and the Contractor’s costs of protecting
and securing the Works, and less advance payments received up to
the date of the certificate.

46.3. The net balance due shall be paid or repaid within twenty eight (28)
days from the notice of termination.

46.4. If the Contractor has terminated the Contract under GCC Clauses 17 or
18, the Procuring Entity shall promptly return the Performance Security
to the Contractor.

47. Extension of Contract Time

47.1. Should the amount of additional work of any kind or other special
circumstances of any kind whatsoever occur such as to fairly entitle the
contractor to an extension of contract time, the Procuring Entity shall
determine the amount of such extension; provided that the Procuring
Entity is not bound to take into account any claim for an extension of
time unless the Contractor has, prior to the expiration of the contract
time and within thirty (30) calendar days after such work has been
commenced or after the circumstances leading to such claim have
arisen, delivered to the Procuring Entity notices in order that it could
have investigated them at that time. Failure to provide such notice shall
constitute a waiver by the Contractor of any claim. Upon receipt of full
and detailed particulars, the Procuring Entity shall examine the facts
and extent of the delay and shall extend the contract time completing
the contract work when, in the Procuring Entity’s opinion, the findings
of facts justify an extension.

47.2. No extension of contract time shall be granted the Contractor due to (a)
ordinary unfavorable weather conditions and (b) inexcusable failure or
negligence of Contractor to provide the required equipment, supplies or
materials.

47.3. Extension of contract time may be granted only when the affected
activities fall within the critical path of the PERT/CPM network.

47.4. No extension of contract time shall be granted when the reason given
to support the request for extension was already considered in the
determination of the original contract time during the conduct of

82
 detailed engineering and in the preparation of the contract documents
as agreed upon by the parties before contract perfection.

47.5. Extension of contract time shall be granted for rainy/unworkable days

considered unfavorable for the prosecution of the works at the site,
based on the actual conditions obtained at the site, in excess of the
number of rainy/unworkable days pre-determined by the Procuring
Entity in relation to the original contract time during the conduct of
detailed engineering and in the preparation of the contract documents
as agreed upon by the parties before contract perfection, and/or for
equivalent period of delay due to major calamities such as
exceptionally destructive typhoons, floods and earthquakes, and
epidemics, and for causes such as non-delivery on time of materials,
working drawings, or written information to be furnished by the
Procuring Entity, non-acquisition of permit to enter private properties or
non-execution of deed of sale or donation within the right-of-way
resulting in complete paralyzation of construction activities, and other
meritorious causes as determined by the Procuring Entity’s
Representative and approved by the HoPE. Shortage of construction
materials, general labor strikes, and peace and order problems that
disrupt construction operations through no fault of the Contractor may
be considered as additional grounds for extension of contract time
provided they are publicly felt and certified by appropriate government
agencies such as DTI, DOLE, DILG, and DND, among others. The
written consent of bondsmen must be attached to any request of the
Contractor for extension of contract time and submitted to the
Procuring Entity for consideration and the validity of the Performance
Security shall be correspondingly extended.

48. Price Adjustment

Except for extraordinary circumstances as determined by NEDA and

approved by the GPPB, no price escalation shall be allowed. Nevertheless,
in cases where the cost of the awarded contract is affected by any applicable
new laws, ordinances, regulations, or other acts of the GoP, promulgated after
the date of bid opening, a contract price adjustment shall be made or
appropriate relief shall be applied on a no loss-no gain basis.

49. Completion

The Contractor shall request the Procuring Entity’s Representative to issue a

certificate of Completion of the Works, and the Procuring Entity’s
Representative will do so upon deciding that the work is completed.

50. Taking Over

The Procuring Entity shall take over the Site and the Works within seven (7)
days from the date the Procuring Entity’s Representative issues a certificate
of Completion.

83
51. Operating and Maintenance Manuals

51.1. If “as built” Drawings and/or operating and maintenance manuals are
required, the Contractor shall supply them by the dates stated in the
SCC.

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

84
 Section V

Special Conditions of Contract

85
 Special Conditions of Contract (SCC)
GCC The clauses herein stated correspond to the clauses of Section IV.
Clause General Conditions of Contract (GCC).

Amendments or specific instructions/details in the General Conditions of

the Contract (GCC) are made in the Special Conditions of Contract (SCC).
The conditions of the SCC qualify the GCC. In case of conflict, the
provisions of SCC shall prevail over the GCC.

1.17 The Contract Duration is 180 calendar days.

1.22 The Procuring Entity is National Housing Authority (NHA).

1.23 The Procuring Entity’s Representative is:

Meliza S. Benedito – Regional Manager – Region 1 & CAR 1

1.24 The Site is located in Brgy. Tadiangan, Tuba, Benguet as shown in the
vicinity plan.

1.28 The Start Date is not later than the 7th day from receipt of the Notice to
Proceed (NTP) together with the duly executed contract.

1.31 The Works consist of the following:

(General requirements, Site Preparation, Construction of Slope Protection

and Handrails)

2.2
There are no different dates for completion of the Works by section.

5.1 The Procuring Entity shall give possession of all parts of the Site to the
Contractor within seven (7) days upon receipt of the Notice to Proceed.

6.5 The Contractor shall employ the following Key Personnel (List key
personnel by name and designation):

The minimum key personnel requirement (for this project) are:

1. 1-Project Engineer
2. 1-Safety Officer
3. 1-Construction Foreman

7.4(c) The Performance Security shall be submitted within the prescribed

period as stated in the Notice of Award (NOA).

86
 If the Performance Security is in the form of a surety bond, it must be
supported by a Certificate from the Insurance Commission that the
bonding company is authorized to issue such security and an Official
Receipt of Payment.

7.7 No further instructions.

8.1 Subcontracting is allowed. However, the Contractor shall undertake not
less than 50% of the contracted work with its own resources.
9.1 The applicable Liquidated Damages is at least one tenth (1/10) of a
percent of the cost of the unperformed portion for every day of delay.

The total amount of liquidated damages shall not exceed ten percent
(10%) of the amount of the contract. Once the accumulated amount of
liquidated damages reaches ten percent (10%) of the amount of this
Contract, the NHA shall rescind the Contract, without prejudice to other
courses of action and remedies open to it.
10 The site investigation reports are None.
12.5 Warranty against Structural Defects/Failures;

For Permanent Structures (15 years) and Semi-Permanent Structures

(5 years), refer to section 62.2.3.2 of the IRR of RA 9184.
13 If the Contractor is a joint venture, all partners to the joint venture shall be
jointly and severally liable to the NHA.

18.3(h)(i) No further instructions.

21.2 The Arbiter is: Construction Industry Arbitration Commission (CIAC).

26.1 No further instructions.

No day works are applicable to the contract.

31.1 The Contractor shall submit the Program of Work to the NHA’s
Representative within 15 calendar days from delivery of the Letter of
Acceptance (Date of Acknowledgement and Conformity to the Notice of
Award).
31.3 The period between Program of Work updates is 30 calendar days.
The amount to be withheld for late submission of an updated Program of
Work is P30,000.00.

34.3 The Funding Source is the Government of the Philippines.

39.1 The amount of the advance payment is 15% of the total contract price to
be made in lump sum upon mobilization in the site.
40.1 No further instructions.

87
40.4 Progress payment shall be based on actual completion of the infrastructure
project or a specific segment or portion thereof using the following
schedule:

[Indicate the schedule of payment based on actual completion of a specific

segment or portion of the project]
42.2 Retention Money - No further instructions.
51.1 The date by which operating and maintenance manual and “as built”
drawings are required is two weeks after the final completion of the
contract.

51.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is
P30,000.00.

88
 Section VI

Specifications

(Please refer to attached Specifications)

89
 Section VII

Drawings

(Please refer to attached Drawings)

90
 Section VIII

Bill of Quantities

Please refer to Bidding Forms

91
 Section IX

Bidding Forms

92
 Republic of the Philippines
Department of Trade and Industry
CONSTRUCTION INDUSTRY AUTHORITY OF THE PHILIPPINES
PHILIPPINE CONTRACTORS ACCREDITATION BOARD
Makati City, Metro Manila

CONTRACTOR’S LICENSE
This certifies that CONTRACTOR’S PARTICULARS
Authorized Managing Officer (name and signature) NOT VALID
w/o
SIGNATURE
Sole Proprietorship/Partnership/Corporation Head Officer Location (Region)

Taxpayer Identification Number (TIN)

LICENSE PARTICULARS
License First Issue Date and Number
No.
having complied with all the requirements for Validity Period of this License/Renewal

licensure in accordance with Republic Act to

No. 4566, as amended, and its
Principal Classification and Category
implementing rules and regulations, is
hereby authorized to engage in the
construction contracting business in the
Philippines, subject to limitations of Other Classification/s

license validity period, classification and

category as prescribed under License
Particulars in the box to the right hereof
and to the terms and conditions annotated
at the back hereof.

This further certifies that said licensee, subject REGISTRATION PARTICULARS

to the limitations of the above-prescribed Registration Date and Number
license validity period and registration No.
validity period, kind/s of project and size
range/s as indicated under Registration Validity Period of this Registration
Particulars in the box to the right hereof,
to
is a PCAB registered contractor for
government projects. Kinds of Project and Respective Size Ranges

Given at Metro Manila, Philippines, on

FOR THE BOARD:

________________
Officer-in-Charge

________________
Board Secretary

FORM _____________
IMPORTANT NOTICE: Filing schedule for license renewal application - <Insert Date>

93
 NO. ________

Republic of the Philippines

Department of Trade & Industry
(REGION)

Certificate of Registration
OF
BUSINESS NAME

THIS IS TO CERTIFY THAT

___________________________________________

as a business name, or firm or style was registered in this office on ________________________

by:

____________________________

which will expire on _________________, in accordance with the provisions of Act No. 3883 of the
Philippine Legislature approved on November 14, 1931 as amended by Act No. 4147, approved
November 28, 1934, and Republic Act No. 863, approved June 16, 1953, and in compliance with
the rules and regulations prescribed by the Department of Trade and Industry.

IN TESTIMONY WHEREOF, I have hereunto set my hand

caused the seal of the DEPARTMENT OF TRADE AND
INDUSTRY to be affixed at ___________________,
Philippines, this _______ day of ________________, in
the year of our Lord, ____________.

Logo of DTI

(Name of the Director)

Director, DTI
AFFIX

DOCUMENTARY
STAMP

NOTE: THIS IS NOT A LICENSE TO ENGAGE IN ANY KIND OF BUSINESS.

(VALID ONLY AT THE BUSINESS ADDRESS INDICATED HEREIN)

94
 Bilang _________

Republic of the Philippines

Name of the City or Municipality
Address
Telephone and Fax Numbers
Website Address
E-mail Address

PAHINTULOT SA PANGANGALAKAL
(BUSINESS PERMIT)

MATALASTAS NG LAHAT:
(KNOW ALL MEN BY THESE PRESENTS:)

Na Si/Ang:
(That:) _________________________(Name of Bidder)______________________________
namatatagpuan at may pahatirangsulatsa
(with postal address at)

_____________________________(Address of the Bidder)___________________________

naitinatagng may buongkarapatan at umiiralsailalimngmgabatasng
(duly organized and existing under the laws of the)

RepublikangPilipinas, ay pinagkakaloobanngpahintulotnamangangalakalbilang
(Republic of the Philippines, is hereby granted the permit to operate as)

_____________________________________

ngayongika - _______________________ ng _____________________

(on this) (day of)

Angpahintulotnaito ay matatapossaika- __________________________

(This permit expires on)

Malibangito’ymaagangbawiin at walaingbisa.
(unless sooner revoked.)

O.R. BILANG __________

(OR No.)
(Name of Head) (Name of Mayor)
Business Permit Office PunongLungsod
(Mayor)

HALAGA __________
ITO AY DAPAT IPASKEL SA HAYAG NA POOK NG KALAKALAN AT DAPAT
(Amount) (This must be posted on conspicuous place and)
IPAKITA SA SANDALING HINGIN NG MGA KINAUUKULANG MAYKAPANGYARIHAN.
(to be presented upon demand by proper authorities.)

PETSA __________

(Date)

95
List of all Ongoing Government & Private Construction Contracts including contracts awarded but not yet started

Business Name : ___________________________________________________

Business Address : ___________________________________________________
% of
Name of Contract/Location a. Owner Name Contractor’s Role a. Date Awarded Value of
Accomplishment
Project Cost b. Address Nature of Work b. Date Started Outstanding
Description
c. Telephone Nos. % c. Date of Completion Planned Actual Works

Government

Private

Note: This statement shall be supported with: Total Cost

1 Notice of Award and/or Contract
2 Notice to Proceed issued by the owner
3 Certificate of Accomplishments signed by the owner or Project Engineer of the owner

Submitted by : ___________________________________________________
(Printed Name & Signature)
Designation : ___________________________________________________
Date : ___________________________________________________

96
 OWNER'S NAME
ADDRESS
TELEPHONE NO.

Name of On-going Project:

Location:
Original Contract Cost:
Revised Contract Cost:

STATEMENT OF TIME ELAPSED AND PERCENTAGE OF WORK ACCOMPLISHED

AS OF _____, 20__

1. Original Contract Time (Calendar Days) :

2. Date of Effectivity of Contract :
3. Original Expiry Date :
4. Time Extension Allowed (Calendar Days) :
5. Revised Expiry Date After Extension :
6. Revised Contract Time (Calendar Days) :
7. Total Calendar Days Elapsed To Date :
8. No. of Days Work Suspended (covered by
Suspension Order) :
9. Contract Time Elapsed To Date :
10. Expiry Date Due to Work Suspension :
11. Percent Time Elapsed :
12. Percent Work Accomplished :
13. Percent Work Programmed :
14. Percent Work Slippage :

Approved by:

Owner / Owner's Project Engineer

97
Statement of all Completed Government & Private Construction Contracts which are similar in nature

Business Name : ___________________________________________________

Business Address : ___________________________________________________
d. Owner Name Contractor’s Role d. Amount at Award a. Date Awarded
Name of Contract
e. Address Nature of Work Description e. Amount at Completion b. Contract Effectivity
f. Telephone Nos. % f. Duration c. Date Completed

Government

Private

Note: This statement shall be supported with:

1 Contract
2 CPES rating sheets and/or Certificate of Completion
3 Certificate of Acceptance

Submitted by : ___________________________________________________
(Printed Name & Signature)
Designation : ___________________________________________________
Date : ___________________________________________________

98
UPON COMPLETION RATING SHEET Date of ___ Visit /_/ / /

Workmanship
Item of Work/Description % Relative [Max. 0.50]
Weight %
Weight Rate Relative Rate

Total

Summary of Ratings

Workmanship [Max. 0.50] ……………………………………………………………………………………………………

Time [Max. 0.50] ………………………………………………………………………………………………………………….

RATING (a) ………………………………………………………………………………………………

Appropriate Weight for Kind of Project (b) ………………………………………………………………………….

(B) WEIGHTED RATING FOR “UPON COMPLETION” (a x b) …………………………….

QUALITATIVE DESCRIPTION

[ ] Outstanding > 90% [ ] Fair > 60% but < 70%

[ ] Very Satisfactory > 80% but < 90% [ ] Poor < 60%
[ ] Satisfactory > 70% but < 80%

CPE Head / Individual Designation, Office Signature

CPE Members Designation, Office Signature

Resource Persons/Witnesses Designation, Office Signature

99
 EXPERIENCE RECORD ON SIMILARLY COMPLETED PROJECTS
List of similarly completed projects with a period of ten (10) years from the date of submission and receipt of bids with at least one (1) contract that is similar
to contract to be bid and whose value, adjusted to current price using the NSO consumer price indices, must be at least fifty percent (50%) of the ABC to be
bid.

To be filled-up by the Contractor / Applicant

Similar Major Operation of Works
1]
Title of Title of Title of Title of Unit of
the the the the Quantity
Major Operations of Work Unit of Measure
Measure Quantity Project Project Project Project

Not Applicable on major

operations of work

Note: 1] Submit the Certificate of Completion/Certificate of Acceptance by the project owner. Final Recapitulation/Bill of Quantities end/or Constructor
Performance Evaluation System (CPES) rating, 1st, 2nd, & Final visit (If applicable). Projects with no Certificate of Completion/Acceptance and
Recapitulation/Bill of Quantities shall not be considered.

_________________________ _______________________ _______________________

Name of Firm/Applicant Authorized Signing Official Date

100
 FINANCIAL DOCUMENTS FOR ELIGIBILITY CHECK

A. Summary of the Applicant Firm’s/Contractor’s assets and liabilities on the basis of the
attached income tax return and audited financial statement, stamped “RECEIVED” by the
Bureau of Internal Revenue or BIR authorized collecting agent, for the immediately
preceding year and a certified copy of Schedule of Fixed Assets particularly the list of
construction equipment.

Year 20__
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Total Net Worth (1-3)
6. Current Net Worth or Net Working
Capital (2-4)

B. The Net Financial Contracting Capacity (NFCC) based on the above data is computed as
follows:

NFCC = [(current asset – current liabilities)(15)] minus the value of all outstanding works
or uncompleted portion of the projects under ongoing contracts, including awarded
contracts yet to be started, coinciding with the contract to be bid.

The values of the domestic bidder's current assets and current liabilities shall be based on
the latest Audited Financial Statements (AFS) submitted to the BIR.

The Bidder shall attach the AFS to the NFCC Computation for
Eligibility Check Form.

NFCC=P___________________________

Submitted by:

________________________________________
Name of Firm / Contractor

_________________________________________
Signature of Authorized Representative

Date : _____________________________

NOTE:
1. If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit the
above requirements.
 JOINT VENTURE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

That this JOINT VENTURE AGREEMENT is entered into by and between: ___________, of
legal age, __(civil status)__, owner/proprietor of _________________________ and a resident of
________________________.

- and -

_______________________, of legal age, __(civil status)__, owner/proprietor of

____________________ a resident of ____________________________________.

That both parties agree to join together their capital, manpower, equipment, and other
resources and efforts to enable the Joint Venture to participate in the Eligibility Check, Bidding and
Undertaking of the hereunder stated Contract of the National Housing Authority Region 1 &
CAR 1.

NAME OF PROJECT CONTRACT AMOUNT

Construction of Slope Protection and

Handrails for Tuba Resettlement
Project, Brgy. Tandiangan, Tuba,
Benguet

That both parties agree to be jointly and severally liable for their participation in the
Eligibility Check, Bidding and Undertaking of the said contract.

That both parties agree that ___________________ and/or __________________ shall

be the Official Representative of the Joint Venture, and are granted full power and authority to do,
execute and perform any and all acts necessary and/or to represent the Joint Venture in the
Eligibility Check, Bidding and Undertaking of the said contract, as fully and effectively and the Joint
Venture may do and if personally present with full power of substitution and revocation.

That this Joint Venture Agreement shall remain in effect only for the above stated
Contracts until terminated by both parties.

Done this _____ day of ______, in the year of our Lord _____.
 FORM OF BID SECURITY (BANK GUARANTEE)

WHEREAS, __(Name of Bidder)__ (hereinafter called “the Bidder”) has submitted his bid dated
__(Date)__ for the __(Name of Contract)__ (hereinafter called “the Bid”).

KNOW ALL MEN by these presents that We __(Name of Bank)__ of __(Name of Country)__ having
our registered office at ________________________ (hereinafter called “the Bank” are bound
unto __(Name of Procuring Entity)__ (hereinafter called “the Entity”) in the sum of
_______________ for which payment well and truly to be made to the said Entity the Bank binds
himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _____ day of _________ 20___.

THE CONDITIONS of this obligation are that:

1) if the Bidder withdraws his Bid during the period of bid validity specified in the Form
of Bid; or

2) if the Bidder does not accept the correction of arithmetical errors of his bid price in
accordance with the Instructions to Bidder; or

3) if the Bidder having been notified of the acceptance of his bid and award of contract
to him by the Entity during the period of bid validity:

a) fails or refuses to execute the Form of Contract in accordance with the

Instructions to Bidders, if required; or

b) fails or refuses to furnish the Performance Security in accordance with the

Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of his first written
demand, without the Entity having to substantiate its demand, provided that in his demand the
Entity will note that the amount claimed by it is due to the occurrence of any one or combination
of the three (3) conditions stated above.

The Guarantee will remain in force up to and including the date _______________ days after the
deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it
may be extended by the Entity, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this Guarantee should reach the Bank not later than the above date.

DATE __________________
SIGNATURE OF THE BANK ______________________
WITNESS ____________________________

SEAL _________________________________

_____________________________________
(Signature, Name and Address)
 BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

x------------------------------------------------------x

BID SECURING DECLARATION

Invitation to Bid: Reference Number: Infra-2019-002

To: MELIZA S. BENEDITO

Regional Manager
National Housing Authority Region 1 & CAR 1
Session Road, Baguio City

I/We1, 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 the 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;

1 Select one and delete the other. Adopt the same instruction for similar terms throughout the document.
 (c) I am/we are declared the bidder with the Lowest Calculated
Responsive Bid, and I/we have furnished the performance security and
signed the Contract.

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

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place
of execution], Philippines. Affiant/s is/are personally known to me and was/were identified
by me through competent evidence of identity as defined in the 2004 Rules on Notarial
Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government
identification card used], with his/her photograph and signature appearing thereon, with no.
________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

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]
IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____
Book No. _____
Series of _____
 PERT / CPM
Construction Schedule and S-Curve

Contract : ___________________________________________________
Location : ___________________________________________________

Item# Description Month 1 Month2 Month3 Month4 Month5 Month6 Month7 Month8 Month9 Month10 Month11 Month12
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

Submitted by:

SF - 106
Name of the Representative of the Bidder Date: _____________________
Position
Name of the Bidd
MANPOWER UTILIZATION SCHEDULE

Month
Category
1 2 3 4 5 6 7 8 9 10 11 12

Contractor’s Name: Name of the Procuring Entity: Contract Name:

Submitted by:

Name of the Representative of the Bidder Date: ________________

Position
Name of the Bidder

SF - 107
 OUTLINE

NARRATIVE DESCRIPTION

OF

CONSTRUCTION METHODS

1.0 INTRODUCTION

Refer to Bidding, etc.

2.0 BRIEF DESCRIPTION OF CONTRACT WORKS

State general features of contract works. Use tables as necessary.

3.0 CONSTRUCTION METHODS AND PROCEDURES

3.1 Methodology or General Approach

State general approach in construction in terms of use of equipment-intensive or

labor-based methods, any special techniques, methods or procedures to ensure
completion on time and quality of construction financing the project, etc.

3.2 Program of Work

CPM, Progress Bar Schedule and Development Schedules submitted.

3.3 Financial Program

Cash flow schedules, provision for working capital, schedule of receipts, etc.

SF - 108
 Contractor’s Organizational Chart for the Contract

Submit Copy of the Organizational Chart that the Contractor intends to use to execute the
Contract if awarded to him. Indicate in the chart the names of the Project Manager, Project
Engineer, Bridge Engineer, Structural Engineer, Materials and Quality Control Engineer, Foreman
and other Key Engineering Personnel.

Attach the required Proposed Organizational Chart for the Contract as stated above
 Contractor’s Letter-Certificate to Procuring Entity

Date of Issuance

MELIZA S. BENEDITO
Regional Manager
National Housing Authority Region 1 & CAR 1
Session Road, Baguio City

Dear Madame:

Supplementing our Organizational Chart for the Contract, we have the honor to submit herewith,
and to certify as true and correct, the following pertinent information:

1. That I/we have engaged the services of ___(Name of Employee)___, to be the

___(Designation)___ of the ___(Name of Contract)___, who is a ___(Profession)___ with
Professional License Certificate No. _______ issued on ____________________ and who
has performed the duties in the construction of the Contracts enumerated in the duly filled
Form ___.
2. The said Engineer shall be designated by us as our (Designation) to personally perform the
duties of the said position in the above-mentioned Project, if and when the same is
awarded in our favor.
3. That said Engineer shall employ the best care, skill and ability in performing his duties in
accordance with the Contract Agreement, Conditions of Contract, Plans, Specifications,
Special Provisions, and other provisions embodied in the proposed contract.
4. That said Engineer shall be personally present at the jobsite to supervise the phase of the
construction work pertaining to this assignment as (Designation), all the time.
5. That, in order to guarantee that said Engineer shall perform his duties properly and be
personally present in the Job Site, he is hereby required to secure a certificate of
appearance for the Procuring Entity Engineer at the end of every month.

That, in the event that I/we elect or choose to replace said (Designation) with another
Engineer, the Procuring Entity will be accordingly notified by us in writing at least twenty
one (21) days before making the replacement. We will submit to the Procuring Entity, for
prior approval, the name of the proposed new (Designation), his qualifications, experience,
list of projects undertaken and other relevant information
6. That any willful violation on my/our part of the herein conditions may prejudice my/our
standing as a reliable contractor in future bidding of the Procuring Entity

Very truly yours,

_______________________________
(Authorized Representative of Bidder)

CONCURRED IN:

_____________________________
(Name of Engineer)

_____________________________
(Address)
 Key Personnel’s Certificate of Employment

Issuance Date

MELIZA S. BENEDITO
Regional Manager
National Housing Authority Region 1 & CAR 1
Session Road, Baguio City

Dear Madame:

I am __(Name of Nominee)_____ a Licensed _____ Engineer with Professional License

No. ______________ issued on __(date of issuance)__ at __(place of issuance)__.

I hereby certify that ___(Name of Bidder) has engaged my services as (Designation) for
(Name of the Contract), if awarded to it.

As ___(Designation)___, I supervised the following completed projects similar to the

contract under bidding):

NAME OF PROJECT OWNER COST DATE COMPLETED

___________________ ____________ ________ ________________

___________________ ____________ ________ ________________
___________________ ____________ ________ ________________
___________________ ____________ ________ ________________

At present, I am supervising the following projects:

NAME OF PROJECT OWNER COST DATE COMPLETED

___________________ ____________ ________ ________________

___________________ ____________ ________ ________________
___________________ ____________ ________ ________________
___________________ ____________ ________ ________________

In case of my separation for any reason whatsoever from the above-mentioned Contractor,
I shall notify the __(Name of the Procuring Entity)__ at least twenty one (21) days before the
effective date of my separation.

As __(Designation)__, I know I will have to stay in the job site all the time to supervise
and manage the Contract works to the best of my ability, and aware that I am authorized to
handle only one (1) contract at a time.

I do not allow the use of my name for the purpose of enabling the above-mentioned
Contractor to qualify for the Contract without any firm commitment on my part to assume the post
of __(Designation)__ therefore, if the contract is awarded to him since I understand that to do so
will be a sufficient ground for my disqualification as __(Designation)__ in any future __(Name of
the Procuring Entity)__ bidding or employment with any Contractor doing business with the
__(Name of the Procuring Entity)__.

_____________________________
(Signature of Engineer)

DRY SEAL
Republic of the Philippines )
____________________ ) S.S.

SUBSCRIBED AND SWORN TO before me this _________ day of _________ 20__affiant

exhibiting to me his Residence Certificate No. _________ issued on _____________ at
_______________.

Notary Public
Until December 31, 20___

Doc. No. ________;

Page No. ________;
Book No. ________;
Series of _________;
 Statement of Availability of Key Personnel

(Date of Issuance)

MELIZA S. BENEDITO
Regional Manager
National Housing Authority Region 1 & CAR 1
Session Road, Baguio City

Attention : ATTY. RONY A. LAGMAY

Chairperson
Regional Office Bids and Awards Committee (ROBAC)

Dear Sir / Madame:

In compliance with the requirements of the National Housing Authority- Region 1 & CAR 1
Bids and Awards Committee (ROBAC) for the bidding of Construction of Slope Protection
and Handrails for Tuba Resettlement Project, Brgy. Tandiangan, Tuba, Benguet, we certify
that __(Name of the Bidder)__ has in its employ key personnel such as Project Manager, Project
Engineer, Materials Engineer, Qualified/Certified Safety and Health Officer, and Foreman, who may
be engaged for the construction of the said contract.

Very truly yours,

(Name of Representative)
(Position)
(Name of Bidder
 MINIMUM REQUIRED APPLICANT FIRM'S KEY PERSONNEL PROPOSED TO BE ASSIGNED IN THE PROJECT
Project Manager Project Engineer Accredited DPWH Foreman Qualified/Certified Safety Other positions ( as
Materials Engineer and Health Personnel deemed necessary by the
applicant-firm for this project
1. Name
2. Address
3. Date of Birth
4. Citizenship
5. Civil Status
6. Education
Elementary
Name and location of School
Year graduated
High School
Name and location of School
Year graduated
College
Name and location of School
Year graduated
Post-Graduate
Name and location of School
Year graduated
Technical Seminars
( Use extra sheets, if necessary
7. PRC LICENSE No.

Notes: Minimum qualification requirement : Project Manager - Five (5) years, Project Engineer - Three (3) years
Materials Engineer - One (1) year, Foreman - Five (5) years

Name and Signature of Authorized Official

Date : ___________________________________
KEY PERSONNEL
(FORMAT OF BIO-DATA)

Give the detailed information of the following personnel who are scheduled to be assigned as full-
time field staff for the project. Fill up a form for each person.

- Authorized Managing Officer / Representative

- Sustained Technical Employee

1. Name : ____________________________________________

2. Date of Birth : ____________________________________________

3. Nationality : ____________________________________________

4. Education and Degrees : ____________________________________________

5. Specialty : ____________________________________________

6. Registration : ____________________________________________

7. Length of Service with the Firm : _____Year from____ (months) _____ (year)
To ____ (months) _____ (year)

8. Years of Experience : ____________________________________________

9. If Item 7 is less than ten (10) years, give name and length of service with previous employers
for a ten (10)-year period (attached additional sheet/s), if necessary:

Name and Address of Employer Length of Service

_________________________ _____ year(s) from _______ to ______

_________________________ _____ year(s) from _______ to ______
_________________________ _____ year(s) from _______ to ______

10. Experience:

This should cover the past ten (10) years of experience. (Attached as many pages as
necessary to show involvement of personnel in projects using the format below).

1. Name :____________________________________________

2. Name and Address of Owner : ____________________________________________

3. Name and Address of the

Owner’s Engineer : ____________________________________________
(Consultant)

4. Indicate the Features of Project

(particulars of the project
components and any other particular
interest connected with the project):___________________________________________

5. Contract Amount Expressed in

Philippine Currency : ____________________________________________
6. Position : ____________________________________________

7. Structures for which the employee

was responsible : ____________________________________________

8. Assignment Period : from _______ (months) _______ (years)

: to _______ (months) _______ (years)

___________________________
Name and Signature of Employee

It is hereby certified that the above personnel can be assigned to this project, if the contract is
awarded to our company.

___________________________________ ____________________________________
(Place and Date) (The Authorized Representative)
 Statement of Availability of Equipment

(Date of Issuance)

MELIZA S. BENEDITO
Regional Manager
National Housing Authority Region 1 & CAR 1
Session Road, Baguio City

Attention : ATTY. RONY A. LAGMAY

Chairperson
Regional Office Bids and Awards Committee (ROBAC)

Dear Sir / Madame:

In compliance with the requirements of the National Housing Authority- Region 1 &
CAR 1 Bids and Awards Committee (ROBAC) for the bidding of Construction of Slope
Protection and Handrails for Tuba Resettlement Project, Brgy. Tandiangan, Tuba,
Benguet, we certify the availability of equipment that __(Name of the Bidder)__ owns, has under
lease, and/or has under purchase agreements, that may be used for the construction contracts.

Very truly yours,

(Name of Representative)
(Position)
(Name of Bidder)
 MINIMUM REQUIRED EQUIPMENT OWNED/LEASED/UNDER PURCHASED AGREEMENT PLEDGED TO THE PROPOSED PROJECT

Name of Proposed Project: Construction of Slope Protection and Handrails for Tuba Resettlement Project

Location of the Project: Brgy. Tandiangan, Tuba, Benguet

Description No. of Year of Owned 1] Capacity Motor No./ Condition Present

( Type, Model, Make) Each Manufacture Leased 2] Performance Body No. Location
/Under Purchase
Agreement 3]
Concrete Mixer (1-Bagger)
1
Jack Hammer (U/W)
1
Concrete Vibrator (50mm dia.) type with gasoline drive
unit 1
Water Truck
1
Dumptruck, 275HP or 9-11.99 Cu yds. (Will be used
to mobilize & demobilize the equipment stated above). 1

Name of Firm/Applicant

Authorized Signing Official

Date : _____________

Notes:
1] The Applicant Firm shall enumerate hereunder the equipment units it owned, under leased, and or under purchase agreement that it shall commits to use exclusively in the project.
Incomplete required data as indicated above shall be disqualified.
a] If Joint Venture, each partner or member firm shall separate information and duly accomplished.
2] Equipment with purchase agreement must be owned at the time of bidding.
 CERTIFICATE OF AVAILABILITY
OF LEASE OF EQUIPMENT

This is to certify that the undersigned Lessor has entered into an agreement for the lease of the equipment
listed hereunder to Contractor
_______________________________________________________________________________for the contract for
________________________________________________________________________________________________
___________________________________________________________________________.

Quantity Type/Description Serial Number Capacity Condition Location

_______ _______________ _______ ________ _______ ________ ____________
_______ _______________ _______ ________ _______ ________ ____________
_______ _______________ _______ ________ _______ ________ ____________
_______ _______________ _______ ________ _______ ________ ____________
_______ _______________ _______ ________ _______ ________ ____________
_______ _______________ _______ ________ _______ ________ ____________

This agreement for the lease of the aforecited equipment shall be effective the moment the said contractor is
declared the lowest bidder. The contractor or lease shall be executed immediately after the award of the above-
mentioned project to the contractors and we shall furnish a copy to National Housing Authority within 20 days after the
award. It shall be our duty to verify from the Contractor when the award by National Housing Authority.

The above-mentioned equipment will not be pledged to other Contractors in any other project, until the above
project is completed or the equipment is authorized by National Housing Authority for withdrawal.

The PROOF OF OWNERSHIP of the above cited equipment/tools are herein attached.

This certification is being issued in favor of Mr. _____________________________________ Contractor, not

merely to help him qualify for this project as I am aware that any false statements issued by me makes liable for
perjury.

In case of the equipment mentioned above is not released to the Contractor on time, I agree to be blacklisted
and in the future no certification of mine for the lease of equipment shall be honored by National Housing Authority.

IN FAITH therefore I hereunto affix my signature this _____ day of______________________

______________________ at________________________________.

CONCURRED IN:

________________________________ _______________________________
( Lessee ) (Affiant- Lessor)
_______________________________ _______________________________
( Address ) (Address)

REPUBLIC OF THE PHILIPPINES)

_____________________________) s.s.

SUBSCRIBED AND SWORN TO before me this _________ day of ____________, 20____ affiant
exhibiting to me his Community Tax Certificate No. __________________________________ issued on
_____________________ at __________________________________________.

_______________________________
Notary Public
Doc. No. _______
Page No. _______
Book No. _______
Series of _______
 EQUIPMENT UTILIZATION SCHEDULE

Month
Category / Equipment
1 2 3 4 5 6 7 8 9 10 11 12

Contractor’s Name: Name of the Procuring Entity: Contract Name:

Submitted by:

Name of the Representative of the Bidder Date: _____________________

Position
Name of the Bidder
 AFFIDAVIT OF SITE INSPECTION

I, ___(Representative of the Bidder)___, of legal age, __(civil status)__, Filipino and

residing at ___(Address of the Representative)_, under oath, hereby depose and say:

1. That I am the __(Position in the Bidder)__ of the ___(Name of the Bidder)___,

with office at ___(Address of the Bidder)___;

2. That I have inspected the site for _____(Name of the Contract)____, located at
__(location of the Contract)__;

3. That I am making this statement as part of the requirement for the Technical
Proposal of the ___(Name of the Bidder)___ for __(Name of the Contract)__.

IN FAITH WHEREOF, I hereby affix my signature this _____ day of _____, 20___ at
_____________, Philippines.

_________________
AFFIANT

SUBSCRIBED AND SWORN TO before me this _________, day of ______ 20__, affiant
exhibiting to me his/her Community Tax Certificate No. ________________ issued on
_________ at _____________________, Philippines.

_______________________
(Notary Public)

Until _________
PTR No. _________
Date _________
Place _________
TIN _________
Doc. No. _______
Page No. _______
Book No. _______
Series of _______
 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 Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly

authorized and designated representative of [Name of Bidder] with office
address at [address of Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor or authorized

representative of [Name of Bidder], 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 the 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 Bidder] 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;

5. [Name of Bidder] 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 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;
7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities as

a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the
implementation of the Contract;
c) Made an estimate of the facilities available and needed for the contract to
be bid, if any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [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

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year]

at [place of execution], Philippines. Affiant/s is/are personally known to me and
was/were identified by me through competent evidence of identity as defined in the
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me
his/her [insert type of government identification card used], with his/her photograph
and signature appearing thereon, with no. ________ and his/her Community Tax
Certificate No. _______ issued on ____ at ______.

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]
IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

* This form will not apply for WB funded projects.

 AUTHORITY OF SIGNATORY

SPECIAL POWER OF ATTORNEY

I, ,
President of
, a corporation incorporated under the laws of
, with its registered office at
, by virtue of Board Resolution No. dated
, has made, constituted and appointed
true and lawful attorney, for it and its name, place and stead, to do, execute and
perform any and all acts necessary and/or represent
________________________________________ in the bidding of
__________________ as fully and effectively as corporation might do if personally
present with full power of substitution and revocation and hereby confirming all that
said representative shall lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of

, 2016 at .

Affiant
Signed in the Presence of:
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

) SS.

BEFORE ME, a Notary Public for and in Tacloban City, Philippines, this
______ day of 2019, personally appeared:

NAME CTC NO. ISSUED AT/ON

known to me and known to be the same person who executed the foregoing
instrument consisting of ( ) pages, including the page whereon the
acknowledgments is written and acknowledged before me that the same is his free and
voluntary act and deed and that of the Corporation he represents.

WITNESS MY HAND AND NOTARIAL SEAL, at the place and on the date
first above written.

Notary Public
Until 31 December 20__
PTR No. _______________
Issued at: _____________
TIN No.________________
Doc. No. ______
Page No. ______
Book No. ______
Series of ______
 AUTHORITY OF SIGNATORY

SECRETARY’S CERTIFICATE

I, , a duly elected
and qualified Corporate Secretary of ____________
, a corporation duly organized and existing under and by virtue of the law of the
__________________________________ DO HEREBY CERTIFY, that:

I am familiar with the facts herein certified and duly authorized to certify the
same;

At the regular meeting of the Board of Directors of the said Corporation duly
convened and held on ________________________ at which meeting a quorum was
present and acting throughout, the following resolutions were approved, and the same
have not been annulled, revoked and amended in any way whatever and are in full force
and effect on the date hereof:

RESOLVED, that ___________________________ be, as it hereby is, authorized

to participate in the bidding of ____________________________________ by the Office
of the Ombudsman; and that if awarded the project shall enter into contract with the
Office of the Ombudsman; and in connection therewith hereby appoint
_______________________________ acting as duly authorized and designated
representatives of ___________________________, are granted full power and authority
to do, execute and perform any and all acts necessary and/or to represent
_________________________________________ in the bidding as fully effectively as
the ________________________________________might do if personally present with
full power of substitution and revocation and hereby satisfying and confirming all that my
said representative shall lawfully do or cause to be done by virtue hereof;

RESOLVED FURTHER THAT, the _____________________ hereby authorizes

its President to:

(1) execute a waiver of jurisdiction whereby the ______________________

hereby submits itself to the jurisdiction of the Philippine government and
hereby waives its right to question the jurisdiction of the Philippine courts;

(2) execute a waiver that the ______________________________________

shall not seek and obtain writ of injunctions or prohibition or restraining
order against the Office of the Ombudsman or any other agency in
connection with this project to prevent and restrain the bidding procedures
related thereto, the negotiating of and award of a contract to a successful
bidder, and the carrying out of the awarded contract.

WITNESS the signature of the undersigned as such officer of the said

______________________________________ this ________________________.

_____________________________
(Corporate Secretary)
 ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this ____day of ______________, 2016

affiant exhibited to me his/her __________________________________________
issued on at _____________________________________, Philippines.

Notary Public
Until 31 December 20__
PTR No. _______________
Issued at: _____________
TIN No.________________
Doc. No. ______
Page No. ______
Book No. ______
Series of ______
 Bid Form

Date: _______________________

ATTY. RONY A. LAGMAY

Chairperson, Regional Office Bids and Awards Committee (ROBAC)
District Manager – I. Norte, I. Sur, La Union & Abra
National Housing Authority Region 1 & CAR 1
Session Road, Baguio City

Dear Sir:

We, the undersigned, declare that:

(a) We have examined and have no reservation to the Bidding Documents, including
Addenda, for the Contract; Construction of Slope Protection and Handrails for
Tuba Resettlement Project, Brgy. Tandiangan, Tuba, Benguet;
(b) We offer to execute the Works for this Contract in accordance with the Bid and
Bid Data Sheet, General and Special Conditions of Contract accompanying this
Bid;
The total price of our Bid, excluding any discounts offered in item (d) below is:
[insert information], to wit:

The discounts offered and the methodology for their application are: [insert
information];

(c) Our Bid shall be valid for a period of one hundred twenty (120) calendar days
from the date fixed for the Bid submission deadline in accordance with the
Bidding Documents, and it shall remain binding upon us and may be accepted at
any time before the expiration of that period;
(d) If our Bid is accepted, we commit to obtain a Performance Security in the amount
of [insert percentage amount] percent of the Contract Price for the due
performance of the Contract;
(e) Our firm, including any subcontractors or suppliers for any part of the Contract,
have nationalities from the following eligible countries: [insert information];
(f) We are not participating, as Bidders, in more than one Bid in this bidding process,
other than alternative offers in accordance with the Bidding Documents;
(g) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers
for any part of the Contract, has not been declared ineligible by the Funding
Source;
(h) We understand that this Bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract between
us, until a formal Contract is prepared and executed; and
(i) We understand that you are not bound to accept the Lowest Evaluated Bid or any
other Bid that you may receive.

Name:

In the capacity of:

Signed:

Duly authorized to sign the Bid for and on behalf of:

Date: ________________
Project: CONSTRUCTION OF SLOPE PROTECTION AND HANDRAILS
TUBA RESETTLEMENT PROJECT
Location: Tadiangan, Tuba, Benguet

COST ESTIMATE

ITEM UNIT
DESCRIPTION OF WORKS UNIT QUANTITY TOTAL COST
NO. COST
A GENERAL REQUIREMENTS
A.1 Mobilization/Demobilization
Erection and dismantling of plant bunk houses
and transporting of at least one of each of the
following dump truck, water truck and temporary
facilities(Warehouse, Field Office) LS 1.00
A.2 SAFETY AND HEALTH
Supply of materials, tools, and labor needed for the L.S 1.00
Sub-total >>>
B. SITE PREPARATION
B.1 Clearing and Grubbing
This item shall consist of clearing & grubbing
removing and disposal of all vegetation and
debris as designated in the contract. sq m 1,146.00
Sub-total ( Site Preparation )>>>
C. RIPRAPING (STONE MASONRY)
C.1 Slope Protection 1
Supply labor, materials and equipments to construct
Slope Protection ( Grouted Stone Masonry ) as specified
in the plans.
Grouted Stone Masonry cu.m 546.50
C.2 Slope Protection 2
Supply labor, materials and equipments to construct
Slope Protection ( with columns and beams ) as specified
in the plans.
Grouted Stone Masonry cu.m 2,884.00
Reinforced Concrete Beams cu.m 82.00
Reinforced Concrete Columns cu.m 57.00
Reinforced Concrete Footings cu.m 26.00
Subtotal (Riprap)>>>
D. HANDRAILS
Supply labor, materials and equipments to construct
Handrails as specified in the plans. l.m. 160.00
T O T A L (LAND DEVELOPMENT COST)

Note: Estimated quantities are for purposes of evaluating bids only. Payments shall be based on actual
quantities delivered, installed and constructed.

GRAND TOTAL
IN WORDS:

IN FIGURE:

Submitted by:

Signature

Name of Representative

Name of Contractor

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Contract Name : ___________________________________________________
Location : ___________________________________________________

CASH FLOW BY QUARTER AND PAYMENT SCHEDULE

PARTICULAR % 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER

WT.
ACCOMPLISHMENT
CASH FLOW
CUMULATIVE
ACCOMPLISHMENT
CUMULATIVE CASH FLOW

Submitted by:

Name of the Representative of the Bidder Date: _______________

Position
Name of the Bidder

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