UNIVERSITY OF THE IMMACULATE CONCEPTION

COLLEGE OF ENGINEERING AND ARCHITECTURE

BONIFACIO STREET, DAVAO CITY 8000

BIDDING DOCUEMENTS

FOR THE

CONSTRUCTION OF PORPOSED
TWO STOREY RESIDENTIAL
BUILDING WITH ROOF DECK

PROJECT ID NO. 03JR1999/ID NUMBER

CHECKLIST OF ELIGIBILITY AND TECHNICAL DOCUMENTS FOR
SUBMISSION

I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents”

A. Legal Documents

a. Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages); or

b. Registration certificate from Securities and Exchange Commission (SEC), Department of

Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority
(CDA) for cooperatives or its equivalent document;
and

c. Mayor's or Business permit issued by the city or municipality where the principal place of
business of the prospective bidder is located, or the equivalent document for Exclusive
Economic Zones or Areas;
and

d. Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approved by the Bureau
of Internal Revenue (BIR); and

B. Technical Documents

e. Statement of the prospective bidder of all its ongoing government and private contracts,
including contracts awarded but not yet started, if any, whether similar or not similar in
nature and complexity to the contract to be bid. (Annex "A" Form 1); and

f. Statement of the bidder's Single Largest Completed Contract (SLCC) similar to the
contract to be bid, except under conditions provided under the rules.
(Annex "A" Form 2); and

g. Philippine Contractors Accreditation Board (PCAB) License;

or
Special PCAB License in case of Joint Ventures;
and registration for the type and cost of the contract to be bid;
and Joint Resolution (Annex "A" Form 3); and

Required PCAB License for the project:

1. Small B - License Category B (Building or Industrial Plant)

h. Original copy of Bid Security. If in the form of a Surety Bond, submit also a certification
issued by the Insurance Commission;
or

Original copy of Notarized Bid Securing Declaration (Annex "B" Form 2);
and

i. Project Requirements, which shall include the following:

 1. Organizational chart for the contract to be bid (Annex "B" Form 3); and

2. List of contractor's key personnel (e.g., Project Manager, Project Engineers, Materials
Engineers, and Foremen), to be assigned to the contract to be bid, with their complete
qualification and experience data (Annex "B" Form 4, 5a, 5b & 5c); and

3. List of contractor's major equipment units, which are owned, leased, and/or under
purchase agreements, supported by proof of ownership or certification availability
equipment from the equipment lessor/vendor for the duration of the project, as the
case may be (Annex "B" Form 6); and

j. Original duly signed Omnibus Sworn Statement (OSS) (Annex "B" Form 7); and if
applicable, Original Notarized Secretary's Certificate in case of a corporation, partnership,
or cooperative; Original Special Power of Attorney of all members of the joint venture
giving full power and authority to its officer to sign the OSS and do acts to represent the
Bidder; and

This shall include all of the following documents as attachment to the Omnibus Sworn
Statement:

1. Certification, under oath, attesting that they have no pending case(s) against the
Government, in addition to the eligibility requirements as prescribe under the 2016
Revise Implementing Rules and Regulation (R-IRR) of RA No. 9184. In case of JV, all
contractors must submit the certification; and

2. Legal Clearance to be issued by the UIC Enforcement and Legal Service with respect
to the non-pending cases of the prospective bidders against this Authority. In case of
JV, all contractors must submit the said clearance; and

3. Bid Bulletins (if applicable); and

k. Certificate of Site Inspection (Annex “B” Form 1) duly signed by ENGR. JACOB
RYAN Y. AMAR, CE 322 INSTRUCTOR OF UIC or his duly authorized representative;
and

This shall include all of the following documents as attachment to the Certificate of Site
Inspection:

1. Copy of company ID of the person who conducted the site inspection; and

2. Copy of the school/facility visitor’s logbook; and

3. Picture of the proposed site including the personnel who conducted the site inspection
together with the CEA Faculty-In-Charge or his/her duly authorized representative; and

C. Financial Documents

l. The prospective bidder's audited financial statements, showing, among others, the
prospective bidder's total and current assets and liabilities, stamped "received" by the BIR
or its duly accredited and authorized institutions, for the preceding calendar year which
should not be earlier than two (2) years from the date of bid submission; and

m. The prospective bidder's computation of Net Financial Contracting Capacity (NFCC).

 Class "B" Documents

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

II. FINANCIAL COMPONENT ENVELOPE

o. Original of duly signed and accomplished Financial Bid Form; and

Other documentary requirements under RA No. 9184

p. Original of duly signed Bid Prices in the Bill of Quantities (Annex "C" Form 1); and

q. Summary of Bid Proposal (Annex "C" Form 2); and

r. Bill of Materials & Cost Estimates (Annex "C" Form 3); and

s. Summary Sheet indicating the Unit Prices of Construction Materials, Labor Rates, and
Equipment Rentals used in coming up with the Bid (Annex "C Form 4, 5 & 6); and

t. Cash Flow by Quarter and Payment Schedule (Annex "C" Form 7).
 INVITATION TO BID
PROPOSED TWO STOREY RESIDENTIAL BUILDING WITH ROOF DECK
Bid Reference No. 03JR1999/ID NUMBER

1. The University of the Immaculate Conception (UIC), through the Corporate Budget Approved
by the Board of CY 2024 intends to apply the sum of Four Million Five Hundred Thousand
( PHP 4,500,000.00) being the Approved Budget for the Contract (ABC) to payments under
the contract for Construction of Proposed Two Storey Residential Building with Roof Deck
under Bid Reference No. 03JR1999/ID NUMBER. Bids received in excess of the ABC
shall be automatically rejected at bid opening.

2. The University of the Immaculate Conception (UIC) now invites bids for the above
Procurement Project.

Prospect Bidders should possess the following:

Technical Personnel One (1) Project (Civil) Engineer

One (1) Master Electrician
One (1) Construction Foreman
One (1) Construction Safety & Health Officer
Equipment One (1) Unit One-Bagger Mixer (1 cu.m.)
One (1) Unit Concrete Vibrator
One (1) Unit Dump Truck (3 cu.m.)
One (1) Unit Backhoe 0.8. cu.m.
One (1) unit Plate Compactor
One (1) Total Station with Accessories
PCAB License Small B-License Category C & D (Building and Industrial
Plant)

Completion of the Works s required TWO HUNDRED FORTY (240) CALENDAR DAYS
inclusive of 25 rainy/unworkable days. Bidders should have completed a contract similar to the
project. The Description of an eligible bidders contained in the Bidding Documents,
Particularly, in Section II (Instruction to Bidders). The Instruction of an eligible bidder is
contained in the Bidding Documents, particularly, in Section II (Instructions to Bidders)

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

4. Interested bidders may obtain further information from 2nd Floor CEA Faculty Office, University
of the Immaculate Conception, Bonifacio Street, Davao City on May 06 to May 25, 2024 and
inspect the bidding documents at the address given below from 8:00 A.M. to 5:00 P.M. from
MONDAY to FRIDAY.
 5. A complete set of Bidding Documents may be acquired by interested bidders on May 06 to
May 25, 2024 from given address and website/s below and upon payment of the applicable
fee for the Bidding Documents, pursuant to the latest Guidelines Issued by the GPPB, in the
amount of PHP 600.00 (inclusive of 12% VAT). The Procuring Entity shall allow bidder to
present its proof of payment for the fees by presenting the official receipt in person.

6. The University of the Immaculate Conception will hold Pre-Bid Conference on May 13, 2024 at
Rm. 508, University of the Immaculate Conception, Bonifacio Street, Davao City and/or
through video conferencing/webcasting via Google Meet, which shall be open to prospective
bidders.

7. Bids must be duly received by the BAC Secretariat at the address below on or before May 25,
2024 at 2nd Floor CEA Faculty Office, University of the Immaculate Conception, Bonifacio
Street, Davao City. Late bids shall not be accepted.

8. All bids must be accompanied by a bid security in any of the acceptable forms and in the
amount stated in ITB Clause 15.

9. Bid opening shall be on May 25, 2024 at the given address below and/or through Google
Meet. Bids will be opened in the presence of the bidders’ representatives who choose to
attend the activity.

10. The University of the Immaculate Conception reserves the right to reject any and all bids,
declare a failure of bidding, or not award the contract at any time prior to contract award in
accordance with sections 35.6 and 41 of the 2016 revised Implementing Rules and
Regulations (IRR) of RA No. 9184, without thereby incurring any liability to the affected
bidders or bidders.

11. For further information, please refer to:

ENGR. JACOB RYAN Y. AMAR

CE 322 Instructor
College of Engineering and Architecture
Bonifacio Street, Davao City
Tel/Fax No. (63-082) 226-2676

12. Bidding Documents may also be downloaded free of charge from the website of the Philippine
Government Electronic Procurement System (PhilGEPS) and the website of the Procuring
Entity, provided that bidders shall pay the applicable fee for the Bidding Documents not later
than the submission of their bids.

May 25, 2024

__________________________
 ENGR. JACOB RYAN Y. AMAR
CE 322 Instructor

INSTRUCTIONS TO BIDDERS

1. Scope of Bid
The Procuring Entity, University of the Immaculate Conception invites bids for the
PROPOSED TWO STOREY RESIDENTIAL BUILDING WITH ROOF DECK, with Project
Identification No. 03JR1999/ID NUMBER.

The Procurement Project (referred to herein “Project”) is for the construction of Works, as
described in Section VI (Specifications).

2. Funding Information
The Procuring Entity has a budget or received funds from the Funding Source name 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. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184 and its
2016 revised IRR, including its Generic Procurement Manual and associated policies, rules
and regulations as the primary source thereof, while the herein clauses shall serve as the
secondary source thereof.

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

The bidder, by the act of submitting its Bid, shall be deemed to have inspected the site,
determined the general characteristics of the contracted Works and the conditions for this
project as the location and the nature of work; (a) climatic conditions; (b) transportation
facilities; (c) nature and condition of terrain, geological conditions at the site communication
facilities, requirements, location and availability of construction aggregates and other
materials, labor, water, electric power and access roads; and (d) other factors that may affect
the cost, duration and execution or implementation o the contract, project, or work and
examine all instructions, forms, terms, and project requirements in the Bidding Documents.

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

The Procuring Entity, as well as the Bidders and Contractors, shall observe the highest standard
of ethics during the procurement and execution of the contract. They or through an agent shall
not engage in corrupt, fraudulent, collusive, coercive, and obstructive practices defined under
Annex “I” of the 2016 revised IRR of RA No. 9184 or other integrity violations in competing for
the Project.
5. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable will be
evaluated.
5.2. The Bidder must have an experience of having completed a Single Largest Completed
Contract (SLCC) that is similar to this Project, evaluated to at least fifty percent (50%) of
the ABC adjusted, if necessary, by the Bidder to current prices using the PSA’S CPI,
except under conditions provided for in section 23.4.2.4 of the 2016 revised IRR of RA
No. 9184.
A contract is considered to be “similar” to the contract to be bid if it has the major
categories of work stated in the BDS.
5.3. For Foreign-funded Procurement, the Procuring Entity and the foreign
government/foreign or international financing institution may agree on another track
record requirement, as specified in the Bidding Document prepared for this purpose.

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

6. Origin of Associated Goods

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

7. Subcontractors
7.1. The Bidder may subcontract portions of the Project to the extent allowed by the
Procuring Entity as stated herein, but in no case more than fifty percent (50%) of the
Project.
The Procuring Entity has prescribed that subcontracting is not allowed.
7.2. Subcontracting of any portion of the Project does not relieve the Contractor of any
liability or obligation under the Contract. The Supplier will be responsible for the acts,
defaults, and negligence of any Contractor’s own acts, defaults, or negligence, or those
of its agents, servants, or workmen.

8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified date and
time and either at its physical address and/or through videoconferencing/webcasting as
indicated in no. 9 of the IB.

9. Clarification and Amendment of Bidding Documents

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

10. Documents Comprising the Bid: Eligibility and Technical Components

 10.1. The first envelope shall contain the eligibility and technical documents of the Bid as
specified in Section X. Checklist of Technical and Financial Documents.

10.2. If the eligibility requirements or statements, the bids, and all other documents for
submission to the BAC are in foreign language other than English, it must be
accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent office
having jurisdiction over the foreign bidder's affairs in the Philippines. For Contracting
Parties to the Apostille Convention, only the translated documents shall be
authenticated through an apostille pursuant to GPPB Resolution No. 13-2019 dated 23
May 2019. The English translation shall govern, for purposes of interpretation of the
bid.

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

10.4. A List of Contractor's key personnel (e.g., Project Manager, Project Engineers,
Materials Engineers, and Foremen) assigned to the contract to be bid, with their
complete qualification and experience data shall be provided. These key personnel
must meet the required minimum years of experience set in the BDS.

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

11. Documents Comprising the Bid: Financial Component

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

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

11.3. For Foreign-funded procurement, a ceiling may be applied to bid prices provided the
conditions are met under Section 31.2 of the 2016 revised IRR of RA No. 9184.

12. Alternative Bids

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

13. Bid Prices

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

14. Bid and Payment Currencies

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

14.2. Payment of the contract price shall be made in Philippine Pesos.

15. Bid Security

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

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
(b) Bank draft/guarantee or irrevocable letter of
credit issued by a Universal or Commercial Two Percent (2%)
Bank; Provided, however, that it shall be
confirmed or authenticated by a Universal or
Commercial Bank, if issued by a foreign bank
(c) Surety bond callable upon demand issued by a
surety or insurance company duly certified by the Five Percent (5%)
Insurance Commission as authorized to issue
such security.

The Bid Securing Declaration mentioned above is an undertaking which states, among
others, that the bidder shall enter into contract with the procuring entity and furnish the
performance security required within seven (7) 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.

15.2 The bid security shall 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.

16. Sealing and Marking of Bids

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

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

If the Procuring Entity allows the submission of bids through online submission to the given
website or any other electronic means, the Bidder shall submit an electronic copy of its Bid,
which must be digitally signed. An electronic copy that cannot be opened or is corrupted shall
be considered non-responsive and, thus, automatically disqualified.
17. Deadline for Submission of Bids
The Bidders shall submit on the specified date and time and either at its physical address or
through online submission as indicated in paragraph 7 of the IB.

18. Opening and Preliminary Examination of Bids

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

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

18.2. The preliminary examination of Bids shall be governed by Section 30 of the 2016
revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

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

19.2. If the Project allows partial bids, all Bids and combinations of Bids as indicated in the
BDS shall be received by the same deadline and opened and evaluated
simultaneously so as to determine the Bid or combination of Bids offering the lowest
calculated cost to the Procuring Entity. Bid Security as required by ITB Clause 16 shall
be submitted for each contract (lot) separately.

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

20. Post Qualification

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

21. Signing of the Contract

The documents required in Section 37.2 of the 2016 revised IRR of RA No. 9184 shall form
part of the Contract. Additional Contract documents are indicated in the BDS.
 BID DATA SHEET

ITB Clause
Certificate of Site Inspection (Annex “B” Form 1) duly signed by ENGR. JACOB
RYAN Y. AMAR, CE 322 INSTRUCTOR OF UIC or his duly authorized
representative, is required to be submitted.

This shall include all of the following documents as attachment to the Certificate of
Site Inspection and shall form part of the bidder’s technical document:

a.) Copy of company ID of the person who conducted the site inspection;

3.0 b.) Copy of the school/facility visitor’s logbook with the entry name of the person
who conducted the site inspection; &

c.) Picture of the proposed site including the personnel who conducted the site
inspection together with the CEA Faculty-In-Charge or his/her duly authorized
representative.

Bids not complying with the above instruction shall be disqualified.

The Bidder must have an experience of having completed Single Largest Completed
Contract (SLCC) that is similar to this Project, equivalent to at least fifty percent
(50%) of the ABC.

For this purpose, contracts similar to the Project refer to contracts which have the
5.2 same major categories of work. Which shall be:
Category ABC
Proposed Two Storey Residential 4,500,000.00
Building with Roof Deck

7.1 Subcontracting is not allowed.

10.1 Bidder shall submit all eligibility and technical documents as specified in Section X.
Checklist of Technical Financial Documents:
Class “A” Documents

Legal Documents

a. Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages); or

b. Registration certificate from Securities and Exchange Commission (SEC),

Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative
Development Authority (CDA) for cooperatives or its equivalent document; and

c. Mayor's or Business permit issued by the city or municipality where the principal
place of business of the prospective bidder is located, or the equivalent
document for Exclusive Economic Zones or Areas; and

d. Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approved by
the Bureau of Internal Revenue (BIR); and

In connection to GPPB Circular 07-2017 dated 31 July 2017, the bidder shall have
the following options:

1. Submit the Certificate of PhilGEPS Registration and Platinum Membership

including its Annex "A" in lieu of the uploaded Class "A" Eligibility Documents
identified in Section 8.5.2 of the Revised Implementing Rules and
Regulations of Republic Act 9184 (Revised IRR of RA 9184), provided that all
Class "A" Eligibility Documents listed under the aforesaid Annex "A" are all
uploaded and maintained current and updated in the PhilGEPS Registry.
2. Submit a combination of the PhilGEPS Registration and Platinum
Membership including its Annex "1" and Class "A" Eligibility Documents
identified in Section 8.5.2 of the Revised IRR of RA 9184.
 In the event that aforesaid Class "A" Eligibility Document(s) listed in
the Annex "A" of the PhilGEPS Registration and Platinum
Membership is/are reflected to be outdated, the bidder shall submit
such current and updated Class "A" Eligibility Document(s).

3. Submit all the Class "A" Eligibility Documents only, provided that the
PhilGEPS Registration and Platinum Membership shall be submitted as a
Post-Qualification requirement in accordance with Section 34.2 of the
Revised IRR of RA 9184.
Technical Documents

e. Statement of the prospective bidder of all its ongoing government and private
contracts, including contracts awarded but not yet started, if any, whether similar
or not similar in nature and complexity to the contract to be bid. (Annex "A" Form
1); and

f. Statement of the bidder's Single Largest Completed Contract (SLCC) similar to

the contract to be bid, except under conditions provided under the rules. (Annex
"A" Form 2); and

g. Philippine Contractors Accreditation Board (PCAB) License; or Special PCAB

License in case of Joint Ventures; and registration for the type and cost of the
contract to be bid; and Joint Resolution (Annex "A" Form 3); and Required PCAB
 License for the project:

1. Small B.- License Category C & D. (Building and Industrial Plant).

h. Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission; or
Original copy of Notarized Bid Securing Declaration (Annex "B" Form 2); and

i. Project Requirements, which shall include the following:

1. Organizational chart for the contract to be bid (Annex "B" Form 3); and

2. List of contractor's key personnel (e.g., Project Manager, Project Engineers,

Materials Engineers, and Foremen), to be assigned to the contract to be bid,
with their complete qualification and experience data (Annex "B" Form 4, 5a,
5b & 5c); and

3. List of contractor's major equipment units, which are owned, leased, and/or
under purchase agreements, supported by proof of ownership or certification
of availability of equipment from the equipment lessor/vendor for the duration
of the project, as the case may be (Annex "B" Form 6); and

j. Original duly signed Omnibus Sworn Statement (OSS) (Annex "B" Form 7); and if
applicable, Original Notarized Secretary's Certificate in case of a corporation,
partnership, or cooperative; or Original Special Power of Attorney of all members
of the joint venture giving full power and authority to its officer to sign the OSS
and do acts to represent the Bidder; and

This shall include all of the following documents as attachment to the Omnibus
Sworn Statement:

1. Certification, under oath, attesting that they have no pending case(s) against
the Government, in addition to the eligibility requirements as prescribe under
the 2016 Revise Implementing Rules and Regulation (R-IRR) of RA No.
9184. In case of JV, all contractors must submit the certification; and

2. Legal Clearance to be issued by the CAAP Enforcement and Legal Service

with respect to the non-pending cases of the prospective bidders against this
Authority. In case of JV, all contractors must submit the said clearance; and

3. Bid Bulletins (if applicable); and

k. Certificate of Site Inspection (Annex “B” Form 1) duly signed by ENGR.

JACOB RYAN Y. AMAR, CE 322 INSTRUCTOR OF UIC or his duly authorized
representative; and

This shall include all of the following documents as attachment to the Certificate
of Site Inspection:

1. Copy of company ID of the person who conducted the site inspection; and

2. Copy of the airport/facility visitor's logbook with the entry name of the person
who conducted the site inspection; &
 3. Picture of the proposed site including the personnel who conducted the site
inspection together with the CEA Faculty-In-Charge or his/her duly authorized
representative; and

Financial Documents

l. The prospective bidder's audited financial statements, showing, among others,

the prospective bidder's total and current assets and liabilities, stamped
"received" by the BIR or its duly accredited and authorized institutions, for the
preceding calendar year which should not be earlier than two (2) years from the
date of bid submission; and

m. he prospective bidder's computation of Net Financial Contracting Capacity

(NFCC).
n.

Class “B” Documents

o. If applicable, duly signed joint venture agreement (JVA) in accordance with RA

No. 4566 and its IRR in case the joint venture is already in existence; or duly
notarized statements from all the potential joint venture partners stating that they
will enter into and abide by the provisions of the JVA in the instance that the bid
is successful.

Applicable UIC BAC Standard Forms included in this PBD shall be complied in
accordance with the prescribed forms under Section IX Bidding Forms - Annex "A" &
"B"

Bids not complying with the above instruction shall be disqualified.

10.3 Valid PCAB License or Special PCAB License in case of Joint Ventures, and
Registration (Small B- License Category C & D (Building and Industrial Plant)) for the
type and cost of the contract to be bid.

Bids not complying with the above instruction shall be disqualified.

10.4 The key personnel must meet the required minimum years of experience set below:

Key Personnel General Experience Relevant Experience

Project (Civil) Engineer Two (2) years in One (1) year in

Construction Foreman General Engineering Relevant Experience
Construction Safety &
Health Officer

Bids not complying with the above instruction shall be disqualified.

10.5 The minimum major equipment requirements are the following:

One (1) Unit One-Bagger Mixer (1 cu.m.)

One (1) Unit Concrete Vibrator
One (1) Unit Dump Truck (3 cu.m.)
One (1) Unit Backhoe 0.8. cu.m.
 One (1) unit Plate Compactor
One (1) unit Total Station with Accessories

Bids not complying with the above instruction shall be disqualified.

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

This shall include the complete accomplishment of all of the following documents as
stated and required under Section VIII of this PBD and shall form part of the bidder's
financial documents:

a. Original of duly signed and accomplished Financial Bid Form; and

b. Bill of Quantities (Annex "C" Form 1); and

c. Summary of Bid Proposal (Annex "C" Form 2);

d. Bill of Materials & Cost Estimates (Annex "C" Form 3); and

e. Summary Sheet indicating the Unit Prices of Construction Materials, Labor

Rates, and Equipment Rentals used in coming up with the Bid (Annex "C"
Form 4, 5 & 6); and

f. Cash Flow by Quarter and Payment Schedule (Annex "C" Form 7)

Applicable UIC BAC Standard Forms included in this PBD shall be complied in
accordance with the prescribed forms under Section IX Bidding Forms - Annex "C".

Bids not complying with the above instruction shall be disqualified.

Any changes in the description and quantities stated in the financial document forms,
(BOQ, Summary of Bid Proposal, Bill of Materials, & Cost Estimates/DUPA) shall not
be allowed. However, any typographical error that is visible to the eyes or obvious to
the understanding and is harmless or will not affect the project's implementation shall
not be ground for disqualification.
The discounts stated in the Financial Bid Form shall be computer written with
the same font style and size as of the whole text of the said form.

Discounts that are either handwritten, type written or computer written in other
font style and size shall not be considered.
11.2 Bid exceeding the ABC of the project shall be disqualified.
12 No further instructions.
15.1 The bid security shall be in the form of a Bid Securing Declaration or any of the
following forms and amounts:
.
16 1. Each and every page thereof shall be initialed/signed by the duly authorized
representative/s of the Bidder.

Submitted Eligibility, Technical and Financial documents shall be properly

marked with index tabs (ear tab) and must be sequentially paginated in
accurate order in the form i.e. "page 3 of 100". Page number of last page of
the document (per envelope basis).
 Pagination should be sequential based on the entire span of the whole
documents inside the envelope.

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

Bids not complying with the above instructions shall be automatically

disqualification.
19.2 Partial bid is not allowed. The infrastructure project is packaged in a single lot and
the lot shall not be divided into sub-lots for the purpose of bidding, evaluation, and
contract award.
20 The Bidder with the Lowest Calculated Bid (LCB) that complies with and is
responsive to all the requirements and conditions shall submit its

a. Valid PhilGEPS Certificate of Registration;

b. Latest income and business tax returns filed through the Electronic Filing and
Payment System (EFPS);

c. Business licenses and permits required by law (Registration Certificate,

Mayor's Permit, Tax Clearance & PCAB License);

d. Latest Audited Financial Statements;

e. Key personnel licenses;

f. Statement identifying the bidder's single largest completed contract, similar to

the contract to be bid; and

g. Updated status of all ongoing contracts, including contracts awarded but not
yet started, issued by the government agency or private company concerned.

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, that 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.
21 The following relevant project documents are required to be submitted by the
successful bidder who submitted the LCRB as part of the Contract Agreement
during its signing:

a. Construction schedule
b. Bar Chart & S-curve
c. PERT/CPM Network Diagram
d. Manpower schedule
e. Construction methods
f. Equipment utilization schedule

Construction safety & health programs approved by the Department of Labor &
Employment (PROPOSED TWO STOREY RESIDENTIAL BUILDING WITH
 ROOF DECK)

GENERAL CONDITIONS OF CONTRACT

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 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.

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.

II.2 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).

II.3 The documents forming this Contract shall be interpreted in the following order of
priority:

a) Contract Agreement;

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 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 Clause 10.4, 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 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 seven (7) 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 15.2.

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

7.6 In case of a reduction in the contract value or for partially completed Works under the
contract which are usable and accepted by the Procuring Entity the use of which, in the
judgment of the implementing agency or the Procuring Entity, will not affect the
structural integrity of the entire project, the Procuring Entity shall allow a proportional
reduction in the original performance security, provided that any such reduction is more
than ten percent (10%) and that the aggregate of such reductions is not more than fifty
percent (50%) of the original performance security.

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

8. Subcontracting

8.1 Unless otherwise indicated in the SCC, the Contractor cannot subcontract Works more
than the percentage specified in BDS 7.1

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 Procuring Entity shall 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.

92. 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, License 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 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:

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.

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
authenticated by a Universal or Five Percent (5%)
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
authenticated by a Universal or Ten Percent (10%)
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

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

13. Liability of the Contractor

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

14. Procuring Entity’s Risk

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

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

(i) any type of use or occupation of the Site authorized by the Procuring
Entity after the official acceptance of the works; or
 (ii) negligence, breach of statutory duty, or interference with any legal
right by the Procuring Entity or by any person employed by or
contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to the
extent that it is due to a fault of the Procuring Entity or in the Procuring
Entity’s design, or due to war or radioactive contamination directly affecting
the country where the Works are to be executed.

15. Procuring Entity’s Risk

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.

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:

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;

(i) 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

(ii) 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 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 Default Procuring Entity

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 for the

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

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

practices 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.

18. 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;

(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;

(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.
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.

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 Decision

23.1. Except where otherwise specifically stated, the Procuring Entity’s Representative will
decide contractual matters between the Procuring Entity and the Contractor in the
role representing the Procuring Entity.

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

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

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

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

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

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

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

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

25.2. If the Contractor’s Financial Proposals for an acceleration are accepted by the
Procuring Entity, they are incorporated in the Contract Price and treated as a
Variation.

26. Extension of the Intended Completion Date

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

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

27. Right to Vary

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

27.2. Variations shall be valued as follows:

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

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

(c) in the absence of appropriate rates, the rates in this Contract shall be used
as the basis for valuation; or failing which

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

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

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

`31. Program of Work

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

31.2. An update of the Program of Work shall 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
31.1. Either the Procuring Entity’s Representative or the Contractor may require the other
to attend a Management Conference. The Management Conference shall review
the plans for remaining work and deal with matters raised in accordance with the
early warning procedure.

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

`33. Bill of Quantities

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

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

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

33.4. If requested by the Procuring Entity’s Representative, the Contractor shall provide
the Procuring Entity’s Representative with a detailed cost breakdown of any rate in
the Bill of Quantities.

`34. Instructions, Inspections and Audits

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

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

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

`35. Identifying Defects

 The Procuring Entity’s Representative shall check the Contractor’s work and notify the
Contractor of any defects that are found. Such checking shall not affect the Contractor’s
responsibilities. The Procuring Entity’s Representative may instruct the Contractor to
search uncover defects and test any work that the Procuring Entity’s Representative
considers below standards and defective.
`36. Cost of Repairs
Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Liability Periods shall be remedied by the Contractor
at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.

`37. Instructions, Inspections and Audits

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) day 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. Uncorrected Defects

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.

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.

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.

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:

(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. Variation Orders

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

45. Suspension of Work

45.1. The Procuring Entity shall have the authority to suspend the work wholly or partly by
written order for such period as may be deemed necessary, due to force majeure or
any fortuitous events or for failure on the part of the Contractor to correct bad
conditions which are unsafe for workers or for the general public, to carry out valid
orders given by the Procuring Entity or to perform any provisions of the contract, or
due to adjustment of plans to suit field conditions as found necessary during
construction. The Contractor shall immediately comply with such order to suspend
the work wholly or partly.

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

(a) There exist right-of-way problems which prohibit the Contractor from
performing work in accordance with the approved construction schedule.

(b) Requisite construction plans which must be owner-furnished are not issued
to the contractor precluding any work called for by such plans.

(c) Peace and order conditions make it extremely dangerous, if not possible, to
work. However, this condition must be certified in writing by the Philippine
National Police (PNP) station which has responsibility over the affected area
and confirmed by the Department of Interior and Local Government (DILG)
Regional Director.
 (d) There is failure on the part of the Procuring Entity to deliver government-
furnished materials and equipment as stipulated in the contract.

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

45.3. In case of total suspension, or suspension of activities along the critical path, which
is not due to any fault of the Contractor, the elapsed time between the 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 certificate and less the percentage to apply to the value
of the work not completed, as indicated in the SCC. Additional Liquidated Damages
shall not apply. If the total amount due to the Procuring Entity exceeds any payment
due to the Contractor, the difference shall be a debt payable to the Procuring Entity.

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

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

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

47. Extension of Contract Time

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

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

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

47.4. No extension of contract time shall be granted when the reason given to support the
request for extension was already considered in the determination of the original
contract time during the conduct of detailed engineering and in the preparation of the
contract documents as agreed upon by the parties before contract perfection.

47.5. Extension of contract time shall be granted for rainy/unworkable days considered
unfavorable for the prosecution of the works at the site, based on the actual
conditions obtained at the site, in excess of the number of rainy/unworkable days
pre-determined by the Procuring Entity in relation to the original contract time during
the conduct of detailed engineering and in the preparation of the contract documents
as agreed upon by the parties before contract perfection, and/or for equivalent
period of delay due to major calamities such as exceptionally destructive typhoons,
floods and earthquakes, and epidemics, and for causes such as non-delivery on
time of materials, working drawings, or written information to be furnished by the
Procuring Entity, non-acquisition of permit to enter private properties 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

48.1. 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.

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.

SPECIAL CONDITIONS OF CONTRACT

GCC Clause
1.3 The Intended Completion Date is within Two Hundred Forty (240) Calendar Days
reckoned 7 days upon receipt of NTP.
1.22 The Procuring Entity is University of the Immaculate Conception (UIC)
Bonifacio Street, Davao City
1.23 The Procuring Entity’s Representative is

ENGR. JACOB RYAN Y. AMAR

CE322 Instructor
College of Engineering and Architecture
City of Davao
1.24 The Site located at Bonifacio Street, Davao City 8000, Davao Del Sur
1.31 The Works consists of the following:
I. Site Clearing, Structural Excavation and Backfill
II. Concrete Works
III. Reinforcing Steel Bars
IV. Forms, Scaffolding and Staging (Installation and removal)
V. Masonry Works
VI. Tile Works
 VII. Carpentry Works (Ceiling & Kitchen Cabinets)
VIII. Painting Works
IX. Roofing Works
X. Installation of Doors and Windows
XI. Electrical Works
XII. Plumbing Works
5 The UNIVERSITY OF THE IMMACULATE CONCEPTION shall give possession of
all parts of the Site to the Contractor upon receipt of the Notice to Proceed.

6 None
15.1 The date by which operating and maintenance manuals are required is upon
completion of the project.

The date by which "as built" drawings are required is upon completion of the
project.

PDF/AutoCAD File of the "as built" plans shall include as attachment to the
required hard copy of the same upon completion of the project
15.2 The amount to be withheld for failing to produce "as built" drawings and/or
operating and maintenance manuals by the date required is two percent (2%) of the
Contract price.
29 No dayworks are applicable to the contract
39.1 The amount of the advance payment shall not exceed 15% of the total contract
price.

SPECIFICATIONS
___________________________________________________________
PROJECT : TWO STOREY RESIDENTIAL BUILDING WITH ROOF DECK
LOCATION : Bonifacio Street, Davao City
OWNER : University of the Immaculate Conception

1. SOIL POISONING Pesticide Solution F-3 or F-5, product

Manufactured by LEADS or approved equivalent

2. CONCRETE WORKS
a. Portland Cement “Northern, Island or Republic” or
any equivalent brand but consistent

3. MASONRY WORKS Non-Load bearing, 6” CHB, (exterior)

4” CHB (interior)

4. STEEL WORKS
 a. Rebars Grade 33 Commercial
b. Tie wires GA 16 Commercial G.I. wires

5. FORMWORKS

a. Forms 4ft x 8ft Phenolic Board, 2” x 2” Good Lumber

b. Scaffolding & Staging 2” x 3” Good Lumber

6. FINISHING WORKS

7.1. TILES
Ground Floor
1. Living area - (vinyl wood plank 4” x 36” x 3mm)
2. Dining area - (vinyl wood plank 4” x 36” x 3mm)
3. Kitchen - (ceramic floor tiles 400mm x 400mm)
4. Dirty Kitchen – (stone tiles 600mm x 1200mm)
5. Toilet & Bath – (ceramic tile 200mm x 200mm\)
6. Carport – (stone tiles 600mm x 1200mm)
7. Entry porch – (vinyl wood plank 4” x 36” x
3mm)
8. Maid’s room – plain finished cement
Second Floor
1. Hallway - (vinyl wood plank 4” x 36” x 3mm)
2. Bedrooms – carpet
3. Master bedroom – carpet
4. Walk-in Closet - carpet
5. Toilet & Bath – (ceramic tile 200mm x 200mm)
6. Balcony – (stone tiles 600mm x 600mm)

7.2. PAINTS

a. Paints “BOYSEN” , quick dry, latex, red lead

primer and enamel paints or approved
equivalent

7. ROOFING WORKS GA 26, Pre-painted longspan rib type. (brown)

GA 26, Pre-painted minirib with molding (brown)

8. HARDWARE

a. Locksets “Direct Hardware” lever type bedrooms

 b. Door Hinges “Stanley”, Loose pin, or approved equivalent

9. CARPENTRY WORKS

a. Panel Door Mahogany, Kiln Dried ( 1 ¾” thick),

Stained to approved finish
(main door only)

b. Flush Doors Hollow Core (1 ¾”) Flush Type using

¼” thick marine plywood on tanguile kiln dried
framing, Stained to approved finish.
(bedrooms)

c. Door Jambs 2”x6” Mahogany, Stained to

approved finish

d. Windows Sliding window, swing out

type, awning type for toilets, with insect screen
frame, with 7/32” thick bronze glass, painted to
approved color and finish.
Analok Frame

e. Cabinets ¾ Plyboard (white fin.)

f. Ceiling Fiber Cement Board on metal furring

ELECTRICAL WORKS

g. Wires “SYCWIN,Wires and

Cables”, THHN or approved equivalent.

h. PVC Conduits “Neltex, Emerald, Moldex” PVC (Sch. 40)

or approved equivalent

i. Switches “National Brand wide series”

j. Convenience Outlet “National”, Duplex, Speciasl Purpose

with ground or approved equivalent.

k. Circuit Breakers “GE”, Flush mounted with moulded cases or

approved equivalent

l. Junction Box 4” x 4” G.I. deep type with cover

m. Utility Box 2” x 4” G.I. deep type with cover

10. PLUMBING WORKS

a. Water Pipes Commercial PP-R

b. Drain, Waste vent, PVC Pipes Polyvinyl Chloride Drain/Waste Pipe

(Series 1000), “Emerald”, or approved equivalent
 c. Water Closet POZZI brand or approved equivalent.

d. Lavatory “POZZI brand”, Basin Type

Lavatory or approved equivalent

e. Tissue Holder “POZZI brand”, Porcelain Coated

Tissue holder or approved equivalent

f. Faucet & Bidet Sprayer “POZZI brand”, Plain or approved equivalent

g. Floor Drain Stainless Steel Beehive Type with

detachable stainless strainer

Conformed by: Certified by:

______________________________ ____________________________________
ENGR. YOUR FULL NAME ENGR. JACOB RYAN Y. AMAR
Authorized Managing Officer CE322 Instructor
Your company name University of the Immaculate Conception

Name of Project : PROPOSED TWO STOREY RESIDENTIAL BUILDING WITH ROOF DECK
Location : Bonifacio Street, Davao City
Duration : Two Hundred Forty (240) Calendar Days

SCOPE OF WORK AND CONSTRUCTION METHODOLOGY

The project covers the following scope of work which shall be done in accordance with the approved
plans, specifications and provisions if the contract documents to wit;

GENERAL CONDITIONS
1. Under this section this paper shall be known as the standard specifications for and
shall be the basis of interpretation of the plan for the PROPOSED TWO STOREY
RESIDENTIAL BUILDING WITH ROOF DECK
2. These specifications shall be part and parcel of the attached plans hereto and shall
govern over the said plans in case of conflict.
 3. The plans and specifications shall be considered as binding in all items of work
mentioned in one but mentioned or indicated in the other or vice-versa, shall Be
considered as there are duly mentioned in both.
4. Where no numerical indications appear on the plans, all drawings shall be carefully
followed according to the plans and specifications indicated, but where numerical
notations are indicated, such numerical notations shall be followed.
5. The contractor or workmen without prior approval of the architect concerned and owner
or his representative shall make no change in the drawings or specifications.

ITEM 1.00 CIVIL/STRUCTURAL WORKS

1.01 SITE WORKS (Demolition, Excavation and Disposal of Existing Structures)
This covers the supply of labor and equipment necessary to complete the
demolition/removal of existing structures indicated in the approved plans, such as
concrete walls, roof beams, columns, ceiling, roof including trusses, floor finishes and
removal of trees.
The contractor shall make all necessary excavation for the foundation to grade
indicated in the drawings with put extra compensation.
Excavation for footings shall be done strictly in accordance with the given sizes and
depths as shown in the drawings.

1.02 CONCRETE WORKS

This covers the supply of labor, materials and equipment necessary to complete the
construction and casting in place of footings, columns, beams and slabs;
All concrete works shall be done in accordance with Government Specifications for
Concrete and or the latest edition of the ACI requirements for Reinforced Concrete.
The design was based on a 3,000 PSI concrete. Design mix proportion to produce
3,000 PSI. strength after 28 days. Concrete mix using One-Bagger mixer
Immediately after placing, protect concrete surface not covered by form from lots of
surface moisture for at least 5 clays. Protect from loss of water by covering with blue
sack.
MATERIALS
 Portland cement shall conform to ASTM standards. Use only one brand for the
whole structural and masonry works.
 Fine aggregates for concrete, mortar, grout, or plaster: stone screenings or
other materials with similar characteristics: clean, hard, strong, durable, free
from dusts, lumps soft or flaky particles, shale, alkali, loam or clay.
 Coarse Aggregates: Gravel; Well- drained, clean, hard particles of gravel or
crushed rocks, 19mm (3/4”) dia. Maximum for slab. Clean, washed sand from
preferred supplier.
  Water: Fit for drinking, free from injurious amount of oil, acids, alkali, organic
materials and other deleterious substances.

1.03 MASONRY WORKS

This covers the supply of labor, materials and equipment necessary for the laying of
concrete hollow blocks (chb) as indicated in the approved plans.
For all exterior walls use 6” concrete hollow blocks locally manufactured All 6” hollow
blocks shall be reinforced with 10 mm diameter vertical bars at every 0.80m and 10mm
diameter horizontal bars at every 0.60m. All 4” hollow blocks shall be reinforced with 10
mm diameter vertical bars at every 0.60 m and 10 mm. diameter horizontal bars at
every 0.60 m.
All cells and joints for reinforcements shall be filled with mortar. All cells and joints
under the ground shall be filled
Tie beam shall be provided all around exterior walls.
For mortar and plastering, the proportion 1:4 shall be used for cement and sand
mixture.

1.04 STEEL WORKS

This covers the supply of labor, materials and equipment necessary for the fabrication
and installation of rebars for footings, columns, beams, walls and slabs.
MATERIALS
 Steel reinforcements: In compliance with ASTM A615 or PNS 49:2020
equivalent. Structural Grade Steel: Grade 33 steel with minimum yield strength
of 230 MPa or 33,000 PSI
 Tie wires: Ga. #16 galvanized iron (G.I.) at joints or laps of placed
reinforcements as indicated in the plans. Refer to structural plans and general
construction notes to conform the above values. Use steel conforming to ASTM
standards, deformed, for concrete and masonry requirements.

1.05 FORMWORKS
Construct all formwork complete with centering coarse molds conform to shape, form
line grade, maintain rigid to prevent deformation under I load. Provide necessary
camber. Scaffolding and staging: use 2” x 3” good lumber.
Remove forms according to the following schedule:
Footings - 2 days
Column - 4 days
Beams - allow one day per ft. with minimum of 7 days
Slabs - minimum of 14 days

ITEM 2.00 ARCHITECTURAL WORKS

2.01 TILE WORKS
This item covers the provision of labor, materials and tools necessary to complete the
laying of tiles as indicated on the approved plans.

2.02 CARPENTRY WORKS

This item covers the supply of labor, materials and equipment necessary for the
installation of ceiling, dry walls, and kitchen cabinets as indicated on the approved
plans.

2.03 PAINTING WORKS

This item covers the supply of labor, materials and equipment necessary for the
application of paints as indicated on the approved plans.
GENERAL
 Surface Examination – No painting shall be done under conditions, which will
jeopardize the quality or appearance of painting or finishing.
 Preparation – All surfaces shall be in proper condition to receive the finish. All
woodwork shall be sandpapered to smooth and finished dusted clean; all
knotholes, pitch pockets, or sappy portions shall be shellacked or sealed with
wood filler. Nail holes cracks or defects shall be carefully puttied after the first
coat. Matching the color paint or stain, all imperfection in plaster shall be filled
with patching. Compound and smoothened off to match adjoining surfaces.

NOTES:
All painting and finishes shall have at least two (2) coats of Boysen paints or
equivalent approved paint.
No work shall be left without approval of the supervising Architect.

CHOICE OF COLOR

The owner must first be consulted after he has given the color scheme. No
painting job shall be done unless it has met the approval of the owner regarding
the color.

VARNISHING

All woodwork to be varnished must first be thoroughly sandpapered and all

cracks hole, and other defects must be thoroughly and carefully filled with the
first quality colored or white putty tinted to match the desired finish.

No man-on-the-job wood filler will be allowed. It should be a first quality wood

filler.

Before varnishing a sample must be applied for approval of the owner.

 2.04 DOORS AND WINDOWS
This item covers the provision of labor, materials and equipment necessary for the
installation of doors and windows as indicated on the approved plans.
a. Lumber shall be of approved quality of their respective kinds required for the
various parts of the work; they shall well-seasoned thoroughly dry and free from
all imperfections impairing their strength, durability or appearance. Form lumber
shall be rough smoothly dressed and well sandpapered.
b. All frames shall be done as far as possible with carefully fitted mortise and
tenon joints. All doors, windows, and other openings as indicated on the plan
shall have frames of the dimensions shown, and all frames coming into contact
with concrete shall be anchored with nails, spaced not more than 3 inches
apart, all around the contract surface.

All frames shall be riveted and molded were so required.

c. Doors
Door panels shall be as indicated in the schedule nailed and glued in place.
PVC door shall have door jamb and lockset. Schedule of door is provided on
the plan and bill of materials. All materials shall be of good quality, and any
objects noticed shall be out rightly rejected upon delivery.
Glass door shall be provided with handle and hinges as specified by the
Architect.
d. Windows
All aluminum, sliding windows, jalousies shall be in accordance with the
detailed drawing.
Windows schedule is provided on the bill of materials.

ITEM 3.00 ELECTRICAL WORKS

This covers the supple of labor, materials and equipment and tools necessary to
complete the installation of lighting fixtures, electrical tape, tox, flexible hose,
connector, elbow, utility & junction boxes, panel board, etc. All other miscellaneous
item related works needed for the completion of the project as indicated on the
approved plans.

ITEM 4.00 PLUMBING WORKS

This covers the supple of labor, materials and equipment and tools necessary to
complete the installation of water line and sewer line system, construction of septic
tank and catch basin. All other miscellaneous item related works needed for the
completion of the project as indicated on the approved plans.

SPL-1 MOBILIZATION AND DEMOBILIZATION

This work includes mobilization and demobilization of the contractor’s equipment
necessary for performing the work required under the contract.
 a.) Mobilization shall include all activities and associated costs for transportation of
contractor’s personnel, equipment, and establishment of offices, and other
necessary facilities for the contractor’s operations at the site.

b.) Demobilization shall include the disassembly of offices and other facilities on the
site, as well as the removal and hauling of debris and rubbish materials.

MISCELLANEOUS

All scopes of work to all items must be according to plan and specifications and approved by
the Engineer-In-Charge. Quality and types of materials must confirm and to be approved by the end
user.

The contractor shall responsible for providing personal protective equipment (PPE) and Safety
Inspectors or Safety Engineers on site while construction is ongoing. Regular safety reports should be
submitted.

The contractor shall responsible for all laboratory, material testing, environmental compliance
certificate (ECC), building and safety permits and survey instruments necessary in the project
implementation. All expenses shall incorporated in the contractor’s overhead cost and shall not be
considered as pay item.

GENERAL PROVISION

Provisions for staff house, service vehicles, laptops, printers, cameras, plotters, furniture and
other materials, devices and equipment under Special Item or Temporary Facilities shall not include
OCM & CP.

The contractor shall be responsible in providing safety perimeter fence or security fences,
personal protective equipment (PPE) for staffs and workers on site while construction is ongoing.
Safety reports should be prepared regularly.

The contractor shall be responsible for all laboratory, material testing, building and safety
permits and survey instruments necessary in the project implementation. These expenses shall be
incorporated in the contractor's overhead cost and shall not be considered as pay item.
 BID FORM

Date : May 25, 2024

Project Identification No. : 03JR1999/ID NUMBER

To: University of the Immaculate Conception

Address: Bonifacio Street, Davao City

Having examined the Philippine Bidding Documents (PBDs) including the Supplemental or Bid
Bulletin Numbers 2024-005-QS, the receipt of which is hereby duly acknowledged, we, the
undersigned, declare that:

a. We have no reservation to the PBDs, including the Supplemental or Bid Bulletins, for the
Procurement Project: Proposed Two Storey Residential Building with Roof Deck
 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;

c. The total price of our Bid in words and figures, excluding any discounts offered below is:
4,500,000.00 (Four Million Five Hundred Thousand only);

d. The total bid price includes 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 are itemized
herein and reflected in the detailed estimates;

e. Our Bid shall be valid for a period of 120 days from the data 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;

f. If our Bid is accepted, we commit to obtain a Performance Security in the amount of five
percent (5%) of the Contract Price for the due performance of the Contract, or a
Performance Securing Declaration in lieu of the allowable forms of Performance Security,
subject to the terms and conditions of issued GPPB guidelines for this purpose;

g. 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;

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 Calculated Bid or any other
Bid that you may receive.

j. We likewise certify/confirm that the undersigned, 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
for the Proposed Two Storey Residential Building with Roof Deck of University of the
Immaculate Conception.

k. We acknowledge that failure to sign each and every page of this Bid Form, including the
Bill of Quantities, shall be a ground for the rejection of our bid.

Name:
In the capacity of:
Signature:
Duly authorized to sign the Bid for and behalf of:
Date: May 25, 2024
 CONSTRUCTION CONTRACT AGREEMENT
for
PROPOSED TWO STOREY RESIDENTIAL BUILDING WITH ROOF
DECK
THIS AGREEMENT, made this 15th day of January, 2023 between University of the
Immaculate Conception (UIC) with office address at Bonifacio St., Davao City (herein called “UIC”)
and your company name with office address at your home address (herein called the “Contractor”).

WHEREAS, UIC is desirous that the Contractor execute the PROPOSED TWO STOREY
RESIDENTIAL BUILDING WITH ROOF DECK with a contract identification number of (your
contract ID ) (herein called the “Works”) and UIC has accepted the Bid of the above-mentioned
Works for FOUR MILLION FIVE HUNDRED THUSAND PESOS AND SIXTY FIVE CENTAVOS
ONLY (4,500,000.65) by the Contractor for the execution and completion of such Works and the
remedying of any defects therein.
 NOW THE AGREEMENT WITNESSETH A FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read and construed as
integral part of this Agreement, to wit:

(a) General and Special Conditions of Contract;

(b) Drawings/Plans;
(c) Specifications;
(d) Invitation to Bid;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Addenda and/or Supplemental/Bid bulletins, if any;
(h) Bid form, including all the documents/statements contained in the Bidder’s bidding
envelopes, as annexes, and all other documents submitted (e.g., Bidder’s response to
request for clarifications on the bid), including corrections to the bid, if any, resulting from
the
(i) Eligibility requirements, documents and/or statements;
(j) Performance Security
(k) Notice of Award of Contract and the Bidder’s conforme thereto;
(l) Other Contract documents that may be required by existing laws and/or the Procuring
Entity Concerned:
 Construction Schedule
 Bar Chart & S-curve
 PERT/CPM
 Manpower Schedule
 Equipment Utilization Schedule
 Construction Methods
 Construction Safety & Health Program approved by the Department of Labor
and Employment (DOLE)
 Cash flow by Quarter and Payment Schedule

3. In consideration of the payments to be made by UIC to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with UIC to execute and complete the Works and
remedy any defects therein in conformity with the provisions of this Agreement in all respects.

4. UIC hereby covenants to pay the Contractor in consideration of the execution and completion
of the Works within Two Hundred Forty (240) Calendar Days (inclusive twenty-five (25)
rainy/unworkable days) and the remedying of defects therein, the contract price or such
other sum as may become payable under the provisions of this Agreement at the times and in
the manner prescribed by this Agreement.
 5. Slippage of more than (30) days would result in non-payment, the contract’s cancellation,
blacklisting of the Contractor, and the engagement of another Contractor to finish the Project.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year before written.

Procuring Entity: Contractor:

University of the Immaculate Conception Your Company name

By: By:

ENGR. PETER ADRIAN T. NGO YOUR FULL NAME

CE Coordinator / UIC Authorized Managing Officer / Company name

WITNESS

ENGR. JACOB RYAN Y. AMAR

CE322 Instructor / UIC

OMNIBUS SWORN STATEMENT

AFFIDAVIT

I, your full name, of legal age, Single, Filipino, and residing at your permanent address, after having
been duly sworn in accordance with law, do hereby depose and state that:

1. I am the sole proprietor or authorized representative of your company name with office
address at your permanent address;

2. Your company name is not “blacklisted” or banned 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;
 3. 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.

4. Your company name is authorizing the Head of the Procuring Entity or its duly authorized
representative(s) to verify all the documents submitted;

5. 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 the consanguinity or affinity up to the third civil degree;

6. Your company name complies with existing labor laws and standards; and

7. Your company name is aware and has undertaken the following responsibilities as a bidder:

a. Carefully examine all 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 Proposed two storey
residential building with roof deck.

8. Your company name 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 25 th day of May 2024 at Davao City,
Philippines.

____________________________________
Bidder’s Representative / Authorized Signatory

SUBSCRIBED AND SWORN to before me this 18 th day of May 2024 at Davao City, 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 and Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited
to me his/her PRC ID, with his/her photograph and signature appearing thereon, with no. 03081999
valid until 03-08-2025, that he/she is the same person who personally signed before me the foregoing
Affiant and acknowledged that he/she executed the same.

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 2 .

AFFIDAVIT OF SITE INSPECTION

I, your full name, of legal age, Single, Filipino, and residing at your permanent address, after having
been duly sworn in accordance with law, do hereby depose and state that:

1. I am the Authorized Managing Officer of your company name with office address at (your
permanent address;

2. That I have inspected the site for the Proposed Two Storey Residential Building with Roof
Deck. Located at Bonifacio Street, Davao City on May 18, 2024.

3. That I am making this statement as part of the requirements for the Technical Proposal of the
your company name for the Proposed Two Storey Residential Building with Roof Deck of the
Procurement Service (PS).
IN WITNESS WHEREOF, I have hereunto set my hand this 25 th day of May 2024 at Davao City,
Philippines.

____________________________________
Bidder’s Representative / Authorized Signatory

SUBSCRIBED AND SWORN to before me this 18 th day of May 2024 at Davao City, 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 and Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited
to me his/her PRC ID, with his/her photograph and signature appearing thereon, with no. 03081999
valid until 03-08-2025, that he/she is the same person who personally signed before me the foregoing
Affiant and acknowledged that he/she executed the same.

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 2 .

SWORN STATEMENT OF COMPLIANCE WITH

THE DRAWINGS AND SPECIFICATIONS

I, your full name, of legal age, Single, Filipino, and residing at your permanent address, after having
been duly sworn in accordance with law, do hereby depose and state that:

1. I am the Authorized Managing Officer of your company name with office address at your
permanent address;

2. That in compliance the requirement of Procurement Service (PS), I hereby certify that your
company name will undertake construction of the Project in accordance with the Drawings and
Building Specifications as indicated in the Bidding Documents including Supplemental/Bid
Bulletins, if any, for said Project.
 3. That I am making this statement as part of the requirements for the Technical Proposal of the
your company name for the Proposed Two Storey Residential Building with Roof Deck of the
Procurement Service (PS).

IN WITNESS WHEREOF, I have hereunto set my hand this 25 th day of May 2024 at Davao City,
Philippines.

____________________________________
Bidder’s Representative / Authorized Signatory

SUBSCRIBED AND SWORN to before me this 18 th day of May 2024 at Davao City, 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 and Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited
to me his/her PRC ID, with his/her photograph and signature appearing thereon, with no. 03081999
valid until 03-08-2025, that he/she is the same person who personally signed before me the foregoing
Affiant and acknowledged that he/she executed the same.

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 2 .

STATEMENT OF AVAILABILITY OF KEY

PERSONNEL AND EQUIPMENT

May 25, 2024

ENGR. JACOB RYAN Y. AMAR

CE322 Instructor
University of the Immaculate Conception

Dear Engr. Amar:

In Compliance with the requirements of the DBM Bids and Awards Committee for the bidding of the
Proposed Two Storey Residential Building with Roof Deck (“the Project”), we certify that your
company name has in its employ key personnel, such as Project Manager, Architect, Structural
Engineer, Civil Engineer, Electrical Engineer, Master Plumber who will be engaged for the
construction of the said Project.

Further, we likewise e certify the availability of equipment that your company name owns, under
lease, and/or has under purchase agreement that may be used for the Project.

Very truly yours,

ENGR. YOUR FULL NAME

Authorized Managing Officer
Company name