Bds 19 CC 0146

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DEPARTMENT OF PUBLIC WORKS

AND HIGHWAYS
PROCUREMENT MANUAL
VOLUME II - INFRASTRUCTURE
ANNEX II-1.1: DPWH STANDARD BIDDING

DOCUMENTS FOR INFRASTRUCTURE
27 September2016
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September 2016 DPWH Procurement Manual Volume II - Infrastructure

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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
PROCURING ENTITY: Bulacan 1st DEO Tikay, City of Malolos, Bulacan
BIDDING DOCUMENTS
FOR
CONTRACT ID: 19CC0146
CONTRACT NAME: Construction of multi-purpose building (health center)

brgy. Pinagbakahan
CONTRACT LOCATION: Malolos, Bulacan
Date of Opening of Bids: March 5, 2019
Start Date for Issuance of Bidding Documents: February 12-March 5,

2019
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TABLE OF CONTENTS
ANNEX II-1.1A : Section I. Invitation to Bid (IB) …………………………. 6

ANNEX II-1.1B : Section II. Eligibility Requirements (ER) ……………….. 10
ANNEX II-1.1C : Section III. Eligibility Data Sheet (EDS) ……………….. 18
ANNEX II-1.1D: Section IV. Instructions to Bidders (ITB) ……………… 20
ANNEX II-1.1E : Section V. Bid Data Sheet (BDS) ……………………… 58
ANNEX II-1.1F : Section VI. General Conditions of Contract (GCC) …... 63
ANNEX II-1.1G: Section VII. Special Conditions of Contract (SCC) …...... 100
ANNEX II-1.1H: Section VIII. Specifications …………………………….. 104
ANNEX II-1.1I: Section IX. Drawings ………………………………………. 105
ANNEX II-1.1J: Section X. Bill of Quantities (BOQ) ………………………. 106
ANNEX II-1.1K: Section XI. Bidding Forms (BFs) ………………………… 107
ANNEX II-1.1L: Section XII. Foreign-Assisted Projects (FAPs) …………… 109
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ANNEX II–1.1A
Section I. Invitation to Bid
Notes on the Invitation to Bid
The Invitation to Bid (IB)(Form DPWH-INFR-04)provides information that enables interested
Bidders to decide whether to participate in the procurement of the particular contract at hand.
The Procuring Entity shall undertake the following:
a. Advertise the IB at least once in one (1) newspaper of general nationwide circulation
which has been regularly published for at least two (2) years before the date of the
advertisement, provided that this requirement for advertisement shall not apply to
contracts with an ABC of PhP 5 million or below each, subject to Section 21.2.1(c) of the
IRR if RA 9184; Two (2) years after the effectivity of the Revised RA 9184-IRR on 28
October 2016, advertisement in a newspaper of general nationwide circulation shall no
longer be required. However, a Procuring Entity that cannot post its opportunities in the
PhilGEPS for justifiable reasons shall continue to publish its advertisements in a
newspaper of general circulation.
b. Post the IB the following websites, continuously for seven (7) calendar days starting on
the date of advertisement of the IB:
(1) Website of the DPWH www.dpwh.gov.ph.
(2) Website of the Philippine Government Electronic Procurement System

(PhilGEPS)www.philgeps.gov.ph.
(3) Website prescribed by the concerned foreign government/foreign or international

financing institution or IFI (e.g., United Nations Development Business (UNDB),
dgMarket.
Together with the IB, post the other parts of the BDs for the contract on the three
websites mentioned over the same periods.
c. Post the IB at any conspicuous place reserved for this purpose in the premises of the
Procuring Entity, as certified by the head of the Bids and Awards Committee (BAC)
Secretariat of the Procuring Entity for seven (7) calendar days starting on the date of
advertisement of the IB.
The IB shall include the following:
a. Procurement/Contract ID, name and location, brief description of the type, size, major
items and other important or relevant features of the works.
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b. Approved Budget for the Contract (ABC).
c. Source of funding.
d. Contract duration.
e. Statement that the bidding is conducted in accordance with RA 9184 and its
Implementing Rules and Regulations (IRR).
f. General statements of the criteria to be used for the eligibility check, examination and
evaluation of bids, post-qualification, and award.
g. Date of availability of the Bidding Documents, which shall be from the time the
Invitation to Bidis first advertised/posted until the deadline for the submission and
receipt of bids.
h. Place where the Bidding Documents may be acquired or the website where it may be
downloaded.
i. Deadline for the submission and receipt of bids from the last day of posting of the
Invitation to Bid.
j. Date, time, deadline, and place for the Pre-Bid Conference, receipt of bids, and opening
of bids.
h. Payment of Fee for the BDs.
k. Reservation for the Procuring Entity to accept/reject any/all bids or annul the bidding
process without any liability to the bidders.
l. Name, address, telephone number, fax number, email and website addresses of the
concerned Procuring Entity and its designated contact person.
m. Statement as to whether or not Electronic Bidding, under GPPB Resolution No. 13-2013,
will be adopted in this procurement.
n. Other necessary information as determined by the Procuring Entity.
The IB should be incorporated into the contract-specific Bidding Documents (BDs). The
information contained in the IB must be consistent with all other parts of the BDs, including the
Instructions to Bidders (ITB) and the Bid Data Sheet (BDS).
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INVITATION TO BID
The DPWH – Bulacan First District Engineering Office, through its Bids and Awards Committee
(BAC), invites contractors to submit bids for the following Contract:
Contract ID: 19CC0146

Contract Name: Construction of multi-purpose building (health center) brgy. Pinagbakahan
Contract Location: Malolos, Bulacan
Brief Description: Construction of multi-purpose building
Approved Budget for the Contract (ABC): P1,979,909.07
Source of Funds: FY 2019 NEP
Contract Duration: 90 calendar days
Amount of Bidding Documents: P5,000.00
The BAC is conducting the public bidding for this Contract in accordance with RA 9184 and its
Implementing Rules and Regulations (IRR).
To be eligible to bid for this Contract, a contractor must meet the following major requirements: (a)
Filipino citizen or 75% Filipino-owned partnership/corporation with PCAB license of Small B and (b) Net
Financial Contracting Capacity (NFCC) at least equal to the ABC.
The DPWH will use non-discretionary “pass/fail” criteria in the eligibility check, preliminary
examination of bids, evaluation of bids, post-qualification, and award.
The schedule of key procurement activities for this Contract is shown below:
Activity Time Place

1. Issuance/Downloading February 12-March 5, 2019 *Hard copies at BAC Secretariat,
of Bidding Documents Bulacan 1st DEO Tikay, City of Malolos,
Bulacan.
*Downloadable from (a) DPWH website
www.dpwh.gov.ph, (b) PhilGEPs website
www.philgeps.gov.ph
2. Pre-Bid Conference February 22, 2019 at Bulacan 1st DEO Tikay, City of Malolos, Bulacan
10:00 A.M.
3. Receipt by the BAC of Deadline: 10:00 A.M. BAC, Bulacan 1st DEO Tikay, City of
Bids March 5, 2018 Malolos, Bulacan
st
4. Opening of Bids March 5, 2018, BAC, Bulacan 1 DEO Tikay, City of
immediately right after Malolos, Bulacan
the receipt of bids
Bidders shall pay the BAC, the applicable fee for the Bidding Documents, upon securing hard copies
of the Documents. Bidders that downloaded the Documents from the DPWH/PhilGEPS website shall
pay the fee upon submission of their bids.
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If at the time of the post-qualification procedure, the BAC verifies that any of the deficiencies is
due to the contractor’s fault or negligence pursuant to 34.3(b)(ii)(c) of the 2016 Revised
Implementing Rules and Regulations of Republic Act No. 9184 (2016 RIRR of RA 9184), the
DPWH – Bulacan First District Engineering Office shall disqualify the contractor from award
without any right to reimburse fees and incidental cost paid for the procurement of
infrastructure contract subject of the Bid.
The DPWH – Bulacan First District Engineering Office reserves the right to accept or reject any
bid and to annul the bidding process any time before the Contract award, without incurring any
liability to the affected bidders, in accordance with the provisions of Section 41 of RA 9184 and
its IRR.
Any requests for additional information concerning this bidding shall be directed to the
following:
BAC Chairperson: RAFAELITO M. MARCELO

st
Address: Bulacan 1 DEO Tikay, City of Malolos, Bulacan
Telephone No. (044)794-2245 loc. 31403
BAC Secretariat: MARIA M. MATAWARAN

Address: Bulacan 1st DEO Tikay, City of Malolos, Bulacan
Telephone No. (044)794-2245 loc. 31450
Approved by:
RAFAELITO M. MARCELO
BAC Chairperson
Date of Posting: February 12, 2019
Posted at DPWH & Philgeps website
FormDPWH-INFR-04
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ANNEX II-1.1B
Section II. Eligibility Requirements
Notes on the Eligibility Requirements (ER)

This Section provides the information necessary for prospective bidders to prepare responsive
applications for eligibility to bid for the Contract in accordance with the requirements of the
Procuring Entity.
The provisions contained in this Section shall be used unchanged. Additional information or
requirements specific to each contract to be procured shall be specified in the Eligibility Data
Sheet (EDS).
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STANDARD FORMAT
ELIGIBILITY REQUIREMENTS
1. Unless otherwise indicated in the Instructions to Bidders (ITB), the prospective bidder must
meet the following Eligibility Requirements (ER)for purposes of determining by the DPWH
the eligibility of the bidder for the contract to be procured:
a. Submission of Class “A” and Class “B” Documents
To participate in the bidding for an infrastructure contract in the DPWH, a contractor/

bidder must submit to the BAC of the Procuring Entity the following Class “A” and Class
“B” Documents, as part of the Technical Component of its bid for the contract. . The
submission of these Documents is required only of contractors that are not yet enrolled
in the DPWH Civil Works Registry (CWR) or those that wish to update their Class
“A”/Class “B” documents submitted earlier for the CWR. In any case, prior enrolment or
registration of a contractor with the CWR is not a prerequisite to the submission of bids
for a specific contract.
Class “A” Documents (IRR Section 23.1a):
(1) Legal Documents
(a) Registration certificate from the Securities and Exchange Commission (SEC) in
the case of a Partnership or Corporation, or from the Department of Trade and
Industry (DTI) in the case of a Single Proprietorship, or from the Cooperatives
Development Authority in the case of a cooperative.
(b) Mayor’s/Business Permit issued by the city or municipality where the principal
place of business of the prospective bidder is located.
(c) Tax Clearance per Executive Order (EO) No. 398, series of 2005, as finally
reviewed and approved by the Bureau of Internal Revenue (BIR).
(2) Technical Documents
(a) Valid Philippine Contractors’ Accreditation Board (PCAB) license and registration
for the type and cost of contract to be procured. In the case of a joint venture,
the license and registration must be those of the joint venture, not of any of its
members.
(b) Record of the prospective bidder’s completed contracts, both government and
private, including the following information for each contract:
i. Contract ID, name and location.
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ii. Contract start and actual completion dates.

iii.Owner’s name and address.
iv. Nature of work and size/dimensions.
v. Contractor’s role (whether sole contractor, sub-contractor, or partner in a
joint venture), specific components or aspects of the work done by it, and its
participation percentage.
vi. Total as-built cost at completion.
Bidder’s single largest completed contract similar to the contract to be

procured.(During the Eligibility Check of bids submitted for the contract to be
procured, the CWR program will automatically identify the Bidder’s SLCC similar
to the contract to be bid from the Bidder’s record of completed contracts in the
CWR.)
(c) Record of the prospective bidder’s on-going contracts, including awarded but
not yet started, both in government and the private sector, indicating the
following information for each contract.
i. Contract ID, name and location.

ii. Contract start and completion date.
iii. Owner’s name and address.
iv. Nature of work and size/dimension.
v. Contractor’s role, specific components or aspects of the work done by it, and
participation percentage.
vi. Percentage work accomplished.
vii. Percentage time elapsed.
(3) Financial Documents
(a) The prospective bidder’s Audited Financial Statement (AFS), stamped “received’’
by the BIR or its duly accredited and authorized institution, for the immediately
preceding calendar year, showing, among other things, the prospective bidder’s
total and current assets and liabilities.
(b) The prospective bidder’s computation for its Net Financial Contracting Capacity
(NFCC).
To facilitate determination of eligibility, the BAC of a Procuring Entity shall use the
contents of the PhilGEPS electronic registry of contractors (IRR Section 23.3).
All bidders shall maintain in the PhilGEPS a current and updated file of the following
Class “A” Eligibility Documents (IRR Section 8.5.2 in relation to Sec. 23.1(a)):
(a) Registration Certificate from SEC/DTI/CDA,
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(b) Mayor’s/Business Permit,
(c) Tax Clearance,
(d) PCAB License and Registration.
(e) Audited Financial Statements
With a bidder’s submission to the PhilGEPS of these five Class “A” Documents, the
bidder shall secure a PhilGEPS Certificate of Registration and Membership.
For every specific contract to be procured, the bidder shall submit to the BAC, as part of
its bid, its PhilGEPS Certificate of Registration and Membership. This PhilGEPS Certificate
will already cover the abovementioned five Class “A” Eligibility Documents. Unless the
bidder is previously enrolled in the DPWH Civil Works Registry (CWR), the bidder shall
submit to the BAC, as part of its bid for the contract, all other Class “A” and Class “B”
Eligibility Documents which are not covered by the PhilGEPS Certificate. The bidder,
however, shall still submit to the BAC, as part of its bid, a copy of its current PCAB
License and Registration (even if this is already covered by the PhilGEPS Certificate)
since it is needed to provide detailed data to be used in the computerized Eligibility
Check, considering that the DPWH is not yet interconnected with the PhilGEPS and,
hence, cannot directly access the PCAB License from the PhilGEPS.
Class “B” Document (IRR Section 23.1b)
Valid joint venture agreement (JVA), in case the joint venture is already in existence. In
the absence of a JVA, duly notarized statements from all the potential joint venture (JV)
partners shall be included in the bid, to the effect that they will enter into and abide by
the provisions of the JVA in the instance that the bid is successful. Failure to enter into a
JV shall be a ground for the forfeiture of the Bid Security. Each partner of the JV shall
submit the PhilGEPS Certificate of Registration in accordance with Section 8.5.2 of the
IRR of RA 9184. The submission of technical and financial eligibility documents by any of
the JV partners constitutes compliance. The partner responsible to submit the NFCC
shall likewise submit the statement of all of its ongoing contracts and Audited Financial
Statements.
b. Legal Requirements for Eligibility
The prospective bidder must be either of the following:
(1) A Filipino citizen/sole proprietorship.
(2) A partnership duly organized under the laws of the Philippines and of which at least
seventy-five percent (75%) of the interest belongs to citizens of the Philippines.
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(3) A corporation duly organized under the laws of the Philippines and of which at least
seventy five (75%) of the outstanding capital stock belongs to citizens of the
Philippines.
(4) A cooperative duly registered with Cooperative Development Authority.
(5) Persons/entities forming themselves into a joint venture (JV), i.e., a group of two (2)
or more persons/entities that intend to be jointly and severally responsible or liable
for a particular contract, provided that, in accordance with the President’s Letter of
Instructions No. 630, Filipino ownership or interest in the JV concerned shall be at
least seventy-five (75%); provided, further, that JVs in which Filipino ownership or
interest is less than seventy-five percent (75%) may be eligible where the structures
to be built require the application of techniques and/or technologies which are not
adequately possessed by a person/entity meeting the seventy-five percent (75%)
Filipino ownership requirement; and provided, finally, that in the latter case, Filipino
ownership or interest shall not be less than twenty-five percent (25%). For this
purpose, Filipino ownership or interest shall be based on the contributions of each
of the members of the JV as specified in their joint venture agreement (JVA).
c. Technical Requirements for Eligibility
(1) PCAB License
For this particular contract to be bid, the prospective bidder must possess a valid
license issued by the PCAB in accordance with the provisions of RA 4566, for the
specific category indicated in the Eligibility Data Sheet (EDS), out of the following
PCAB categories:
Table 1. PCAB License Categories

Size Range License Single Largest Allowable Range of
Category Project/Required Track Record Contract Cost (ARCC)
Large B AAA Above PhP150M No limit
Large A AA Above PhP100M up to PhP150M Up to PhP300M
Medium B A Above PhP50M up to PhP100M Up to PhP200M
Medium A B Above PhP10M up to PhP100M Up to PhP100M
Small B C&D Above P500,000 up to PhP10M Up to PhP15M
Small A Trade Up to PhP500,000 Up to PhP500,000
For this particular contract to be procured, the Approved Budget for the Contract
(ABC) is indicated in the EDS. The required PCAB license for this project, based on
Table 1 above, is also specified in the EDS.
(2) Work Experience in Similar Contracts
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The prospective bidder must possess the experience of having a Single Largest
Completed Contract (SLCC) “similar” to the contract to be procured, and whose
value, adjusted to current prices using the consumer price indices of the Philippine
Statistics Authority (PSA), is at least fifty percent (50%) of the ABC to be bid.Small A
and Small B contractors without similar experience on the contract to be bid,
however, may be allowed to bid if the cost of such contract is not more than the
Allowable Range of Contract Cost (ARCC) corresponding to their PCAB license as
shown in Table 1 above(IRR Section 23.4.2.4).
As stated in Appendix 2.2 (Guidelines for Major and Similar Categories of Works), a
“Major Category of Works” is the main classification of works in the contract to be
bid, according to type of infrastructure and kind of work performed - e.g. road
construction, bridge rehabilitation, etc. On the other hand, a “Similar Category of
Works” is a kind of works whose classification is considered to be comparable to the
Major Category of Works in the contract to be bid and, therefore, shall be
considered for purposes of evaluation of the bidder’s eligibility for the contract to be
bid. A “Qualifier”is an additional specific requirement on Major or Similar
Categories of Work, to be required from the bidders at the bidding stage, to show
that they have the necessary expertise and experience to execute the contract, such
as an extraordinarily large embankment volume, or soft ground treatment, or long
tunnel using tunnel boring machine, or bridge retrofitting using special jacking
technology, or very long sheet piling, multi-level basement, etc.
For the specific project or contract to be bid under these BDs and based on the
Guidelines and Matrix of Categories in Appendix 2.2, the Major Categories of Works
and Similar Categories of Work, as well as any Qualifier, that shall be considered in
determining a bidder’s eligibility for the contract to be bid are indicated in the EDS.
Select either the following item (a) or item (b), whichever is applicable, and delete
the other:
(a) For a contract involving a single category of works (i.e., type of infrastructure and
kind of work) - e.g., road construction, or bridge retrofitting, or flood control
rehabilitation - the following criteria shall be adopted:
i. The Major Category of Works is the single category itself.
ii. To be eligible to bid for the contract, a contractor must have done a Single
Largest Completed Contract (SLCC) for a Major/Similar Category of Works whose
total cost is at least 50% of the Approved Budget of the Contract (ABC) to be bid.
(b) For a contract to be bid involving multiple categories of works – e.g., road
construction plus bridge retrofitting plus flood control rehabilitation – the following
criteria shall be adopted:
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i. Each category of works whose cost is at least 30% of the ABC shall be
considered a Major Category of Works. All other categories of works shall be
considered Minor Categories of Works.
ii. To be eligible to bid for the contract, a contractor must comply with the
following work experience requirements:
ii-a As the basic requirement, the contractor must have undertaken a SLCC
similar to the contract to be bid. To be so considered similar, the SLCC
must meet the following requirements:
• The SLCC must contain the same Major Categories of Works as the
contract to be bid, and each Major Category of Works in the SLCC
must cost at least 30% of the total cost of the SLCC.
• The total cost of the SLCC must be at least 50% of the total ABC to
be bid.
ii-b As an additional requirement, for each Minor Category of Works in the

contract to be bid, the contractor must have undertaken an SLCC –
which could be different from the SLCC required in item B2b(1) above
– containing a Category of Works whose cost is at least 50% of the ABC
to be bid for that Minor Category of Works.
In the case of contracts which include special equipment to be supplied and installed
by the supplier/manufacturer, the cost of such equipment shall be excluded from
the ABC to be used in computing the required work experience as stated in the
preceding paragraph.
As an exception to the foregoing, however, as mentioned above, Small A and B

contractors may be allowed to bid if the cost of the contract is not more than the
ARCC corresponding to their PCAB license as shown in Table 1 above, even if they
have no experience similar to the contract to be bid.
(3) Owner’s Certificate of Final Acceptance or Constructor’s Performance Evaluation

System (CPES) Rating
To support its SLCC, the bidder must submit the corresponding Owner’s Certificate
of Final Acceptance issued by the project owner other than the contractor, or at
least a satisfactory CPES Rating. In case of contracts with the private sector, an
equivalent document shall be submitted.
• Financial Requirements for Eligibility
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The prospective bidder must have a Net Financial Contracting Capacity (NFCC) at least
equal to the ABC to be procured.
The NFCC shall be calculated as follows:
NFCC = [(Current assets minus current liabilities) (15)] minus the value of all
outstanding or uncompleted portions of the projects under ongoing contracts,
including awarded contracts yet to be started,which portions coincide with the
contact to be bid.
The values of the bidder’s current assets and current liabilities shall be based on the
latest Audited Financial Statements (AFS) submitted to the BIR.
For purposes of computing the foreign bidders' NFCC, the value of the current assets
and current liabilities shall be based on their Audited Financial Statements prepared in
accordance with international financial reporting standards.
The Procuring Entity shall apply the abovementioned Eligibility Requirements (ER) not only
to the main contractor/bidder but also to any sub-contractors for the portions of the main
contract works that are proposed to be sub-contracted to them, except for pakyaw
contracts as defined in Appendix 11 of RA 9184-IRR.
The main contractor/bidder, however, must meet all of the abovementioned Eligibility
Requirements by itself, with or without any sub-contractor. Hence, if any nominated sub-
contractor is declared ineligible, the main contractor, on its own, must still meet the
prescribed Eligibility Requirements.
Notwithstanding the eligibility of a bidder, the Procuring Entity concerned reserves the right
to review the qualifications of the bidder at any stage of the procurement process if the
Procuring Entity has reasonable grounds to believe that a misrepresentation has been made
by that bidder, or that there has been a change in the bidder’s capability to undertake the
project from the time it submitted its eligibility requirements. Should such review uncover
any misrepresentation made in the eligibility requirements, statements or documents, or
any changes in the situation of the bidder which will affect the capability of the bidder to
undertake the project so that it fails the eligibility criteria, the Procuring Entity shall
consider the said bidder as ineligible and shall disqualify it from obtaining an award or
contract, in accordance with Rules XXI, XXII, and XXIII of the IRR of RA 9184 (IRR Section
23.6).
The eligibility requirements or statements, the bids, and all other documents to be
submitted to the BAC must be in English. If the eligibility requirements or statements, the
bids, and all other documents submitted to the BAC are in foreign language other than
English, it must be accompanied by a translation of the documents in English. The
documents shall be translated by the relevant foreign government agency, the foreign
government agency authorized to translate documents, or a registered translator in the
foreign bidder’s country; and shall be authenticated by the appropriate Philippine foreign
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service establishment/post or the equivalent office having jurisdiction over the foreign
bidder’s affairs in the Philippines. The English translation shall govern, for purposes of
interpretation of the bid.
2. If, as specified in the EDS, Electronic Bidding is adopted for this procurement pursuant to
GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the registry with the PhilGEPS:
a. To facilitate determination of eligibility and subject to the Government Official

Merchants Registry (OMR) guidelines, a Procuring Entity may use the registry system of
the PhilGEPS that allows submission and/or recording/entry of eligibility requirements
simultaneously with registration.
b. Only a Certified Member with the appropriate classification can avail of the PhilGEPS
advance eligibility submission by uploading their electronic documents to the PhilGEPS
document library, which can be accessed for current or future procurements.
c. Submission of eligibility requirements to the PhilGEPS document library is not

tantamount to a finding of eligibility.
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ANNEX II-1.1C
Section III. Eligibility Data Sheet (EDS)
Notes on the EDS

This Section is intended to assist the Procuring Entity in providing the specific information and
requirements in relation to corresponding clauses in the Eligibility Requirements(ER) for each
specific procurement.
The Procuring Entity should indicate in this Section the information pertaining to the contract
at hand that specifies and complements provisions of the ER.
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Eligibility Data Sheet

Eligibility
Requirements
1c(1) The ABC for this contract is: 1,979,909.07
1c(1) The required PCAB license for this contract is as follows:

a. Size Range: Small B
b. License Category: C
c. Largest Single Project: Above 1M up to 30M
d. Allowable Range of Contract Cost: Up to 30M
1c(2) (1) The following are the “Major Categories of Works” involved in the
contract to be bid:
a. Building – Industrial Plant – Low Rise
b. __________________________
c. __________________________
d. __________________________
e. __________________________
(2) The following are the “Similar Categories of Works” that shall be
considered in the evaluation of the work experience required for the
contract to be bid:
a. Building – Industrial Plant – Medium Rise
b. __________________________
c. __________________________
d. __________________________
e. __________________________
(3) The following “Qualifiers” shall be applied to this contract:

a. _________________________
b. _________________________
c. _________________________
2. State whether Electronic Bidding will be applied in this procurement.

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ANNEX II-1.1D
Section IV. Instructions to Bidders
Notes on the Instructions to Bidders (ITB)

This Section of the Bidding Documents (BDs) provides the information necessary for Bidders to
prepare responsive Bids in accordance with the requirements of the Procuring Entity. It also
provides information on the Bid submission, opening, and evaluation, post-qualification, and
award of contract.
The provisions of this Section are to be used unchanged. Annex II-1.1E:Bid Data Sheet (BDS)
consists of provisions that supplement, amend, or specify in detail information or requirements
included in this Section, and that are specific to each particular contract to be procured.
Matters governing the performance of the Contractor, payments under the Contract, or
matters affecting the risks, rights, and obligations of the parties under the Contract are not
normally included in this Section, but rather under Annex II-1.1F: General Conditions of
Contract (GCC), and/or Annex II-1.1G: Special Conditions of Contract (SCC).
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STANDARD FORMAT
INSTRUCTIONS TO BIDDERS (ITB)

TABLE OF CONTENTS
A. GENERAL ………………………………………………………………. 23
1. Scope of Bid ……………………………………………………………… 23
2. Budget and Source of Funds ……………………………………………… 23
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ……. 23
4. Conflict of Interest ……………………………………………………….. 25
5. Eligible Bidders ………………………………………………………….. 26
6. Bidder’s Responsibilities ………………………………………………… 26
7. Origin of Goods and Services ………………………………………......... 28
8. Sub-contracts …………………………………………………………….. 28
9. Pre-Bid Conference ……………………………………………………… 29
B. CONTENTS OF BIDDING DOCUMENTS ………………………….. 30
10. Content of Bidding Documents ………………………………………….. 30
11. Clarification/Amendment of Bidding Documents through Bid Bulletins .. 31
C. PREPARATION OF BIDS …………………………………………….. 31
12. Cost of Bidding ………………………………………………………….. 31
13. Language of Bid …………………………………………………………. 31
14. Documents Comprising the Bid …………………………………………. 32
15. Bid Prices …………………………………………………………..…….. 35
16. Currencies of Bid and Payment ………………………………….………. 35
17. Bid Validity ………………………………………………………………. 36
18. Bid Security ………………………………………………………………. 36
19. Alternative Bids by Bidders ……………………………………………… 39
20. Format and Signing of Bid ……………………………………….………. 39
21. Sealing and Marking of Bids …………………………………………….. 40
D. SUBMISSION AND OPENING OF BIDS ……………………………. 40
22. Place and Deadline for Receipt of Bids …………………………………. 40
23. Late Bids …………………………………………………………………. 40
24. Modification and Withdrawal of Bids …………………………………… 41
Page 21 of 129
25. Receipt of Bids under Electronic Bidding ……………………………….. 41

26. Opening and Preliminary Examination of Technical Components of Bids .. 42
27. Eligibility Check …………………………………………………………. 44
28. Preliminary Examination of Financial Components of Bids ……………. 45
29. Opening and Preliminary Examination under Electronic Biding ………… 46
E. EVALUATION AND COMPARISON OF BIDS …………………….. 47
30. Process to be Confidential ……………………………………………….. 47
31. Clarification of Bid ………………………………………………………. 47
32. Detailed Evaluation and Comparison of Bids ……………………………. 47
33. Procedure for Detailed Evaluation of Bids under Electronic Bidding……. 49
34. Post-Qualification of the Lowest Calculated Bid …………….................... 50
35. Post-Qualification under Electronic Bidding …………………………….. 51
36. Right of the Procuring Entity to Reject Bids …………………………….. 51
F. AWARD OF CONTRACT ……………………………………………... 53
37. Award Criterion ………………………………………………………….. 53
38. Notice of Award ………………………………………………………….. 53
39. Performance Security …………………………………………………….. 55
40. Documents Comprising the Contract …………………………………….. 55
41. Signing and Approval of the Contract …………………………………… 57
42. Notice to Proceed ……………………………………………………........ 57
43. Protest Mechanism……………………………………………………........ 57
\
Page 22 of 129
INSTRUCTIONS TO BIDDERS (ITB)
A. General
1. Scope of Bid
1.1 The Procuring Entity, as defined in the BDS, invites Bids for the construction of
the Works under the proposed Contract, as described in the BDS. The name and
ID of the Contract are stated in the BDS.
1.2 The winning Bidder will be expected to complete the Works by the intended
completion date specified in the SCC Clause 1.17.
2. Budget and Source of Funds

The Procuring Entity has an Approved Budget for the Contract(ABC) or has applied for or
received funds from the Funding Source named in the BDS, and in the amount indicated
in the BDS. It intends to apply part of the funds received for the Project, as defined in
the BDS, to cover eligible payments under the Contract for the Works.
3. Corrupt, Fraudulent, Collusive, Coercive,and Obstructive Practices

3.1 The Procuring Entity requires that the Bidders and Contractors, as well as
officials and personnel of the Procuring Entity, observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuance of
this policy, the DPWH:
a. defines, for purposes of this provision, the terms set forth below as
follows:
(1) "Corrupt practice" means behavior on the part of officials in the

public or private sectors by which they improperly and unlawfully
enrich themselves and others, or induce others to do so, by
misusing the positions in which they are placed, and includes the
offering, giving, receiving, or soliciting of anything of value to
influence the action of any such official in the procurement
process or in contract execution; entering, on behalf of the
Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public
officer profited or will profit thereby, and similar acts as provided
in Republic Act 3019.
(2) "Fraudulent practice" means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract
to the detriment of the Procuring Entity, and includes collusive
practices among Bidders – before or after Bid submission -
Page 23 of 129
designed to establish Bid prices at artificial, non-competitive

levels and to deprive the Procuring Entity of the benefits of free
and open competition;
(3) “Collusive practice” means a scheme or arrangement between

two or more Bidders, with or without the knowledge of the
Procuring Entity, designed to establish Bid prices at artificial, non-
competitive levels.
(4) “Coercive practice” means harming or threatening to harm,

directly or indirectly, persons, or their property to influence their
participation in a procurement process, or affect the execution of
a contract.
(5) “Obstructive practice” is:
(a) deliberately destroying, falsifying, altering or concealing of

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

inspection and audit rights of the Procuring Entity or any
foreign government/foreign or international financing
institution herein.
b. will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the Contract; and
c. will declare a firm ineligible, either indefinitely or for a stated period of

time, to be awarded a Contract if it at any time determines that the firm
has engaged in corrupt, fraudulent, collusive or coercive practices in
competing or, or in executing, a Contract.
3.2 Furthermore, the Procuring Entity will also seek to impose the maximum
penalties for civil and criminal liability available under the applicable law on
individuals and organizations deemed to be involved in corrupt, fraudulent,
collusive or coercive practices.
Page 24 of 129
3.3 The Funding Source and the Procuring Entity reserve the right to inspect and
audit records and accounts of a contractor in the bidding for and performance of
a particular contract, through DPWH official or independent auditors as provided
in GCCClause 35.
4. Conflict of Interest
4.1 All Bidders found to have a conflict of interest shall be disqualified to participate
in the procurement at hand, without prejudice to the imposition of appropriate
administrative, civil, and criminal sanctions. A Bidder may be considered to have
a conflict of interest with another Bidder in any of the events described in items
a through dof this ITB Clause 4.1 and a general conflict of interest in any of the
circumstances set out in items e through hof ITB Clause 4.1:
a. A Bidder has controlling shareholders in common with another Bidder.
b. A Bidder receives or has received any direct or indirect subsidy from any
other Bidder.
c. A Bidder has the same legal representative as that of another Bidder for
purposes of this Bid.
d. A Bidder has a relationship, directly or through third parties, that puts it

in a position to have access to information about or influence on the Bid
of another Bidder or influence the decisions of the Procuring
Entityregarding this bidding process. This will include a firm or an
organization who lends, or temporarily seconds, its personnel to firms or
organizations which are engaged in consulting services for the
preparation related to procurement for or implementation of the project
if the personnel would be involved in any capacity on the same project.
e. A Bidder submitted more than one Bid in this bidding process. However,
this does not limit the participation of sub-contractors in more than one
Bid.
f. A Bidder participated as a consultant in the preparation of the design or

technical specifications of the works, goods and related services that are
the subject of the Bid.
g. A Bidder lent, or temporary seconded, its personnel to firms or

organizations which are engaged in consulting services for the
preparation related to the procurement for or implementation of the
project, if the personnel would be involved in any capacity on the same
project.
4.2 In accordance with Section 47 of the IRR of RA 9184, the Bidder must include in
its Bid a sworn affidavit (part of Form DPWH-INFR-15, as provided in Clause 10.1
Page 25 of 129
of this ITB) that it is not related to the Head of the Procuring Entity
(HoPE),members of the BAC, the Technical Working Group (TWG), and the BAC
Secretariat, the head of the IU, and the project consultants,by consanguinity or
affinity up to the third civil degree.Failure to comply with the aforementioned
provision shall be a ground for the automatic disqualification of the bid in
consonance with Section 30 of this IRR. For this reason, relation to the
aforementioned persons within the third civil degree of consanguinity or affinity
shall automatically disqualify the bidder from participating in the procurement of
contracts of the Procuring Entity, notwithstanding the act of such persons
inhibiting themselves from the procurement process. On the part of the bidder,
this provision shall apply to the following persons:
a. If the Bidder is an individual or a sole proprietorship, to the Bidder

himself.
b. If the Bidder is a partnership, to all its officers and members.
c. If the Bidder is a corporation, to all its officers, directors, and controlling

stockholders.
d. If the bidder is a cooperative, to all its officers, directors, and controlling

shareholders or members.
e. If the Bidder is a joint venture (JV), to each member of the JV for the
applicable items a, b, and c of this Clause.
5. Eligible Bidders
5.1 Unless otherwise indicated in the BDS, bidders must meet the Eligibility
Requirements in ANNEXII-1.1B of the SBDs.
5.2 The Procuring Entity may also invite foreign bidders when provided for under any
Treaty or International or Executive Agreement as specified in the BDS.
6. Bidder’s Responsibilities
6.1 The Bidder is responsible for the following:
a. Having taken steps to carefully examine all of the Bidding Documents.
b. Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract.
c. Having made an estimate of the facilities available and needed for the
contract to be bid, if any.
Page 26 of 129
d. Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 11.3.
e. Ensuring that it is not “blacklisted” or barred from bidding by the

Government of the Philippines (GOP) or any of its agencies, offices,
corporations, or LGUs, including foreign government/foreign or
international financing institution whose blacklisting rules have been
recognized by the Government Procurement Policy Board (GPPB).
f. Ensuring that each of the documents submitted in satisfaction of the

bidding requirements is an authentic copy of the original, complete, and
all statements and information provided therein are true and correct
g. Authorizing the HoPE or its duly authorized representative/s to verify all

the documents submitted.
h. Ensuring that the signatory is the duly authorized representative of the

Bidder, and granted full power and authority to do, execute and perform
any and all acts necessary and/or to represent the Bidder in the bidding,
with the duly notarized Secretary’s Certificate attesting to such fact, if the
Bidder is a corporation, partnership, cooperative, or joint venture.
i. Complying with the disclosure provision under Section 47 of the Act in

relation to other provisions of Republic Act 3019.
j. Complying with existing labor laws and standards, if applicable.
k. Ensuring that it did not give or pay, directly or indirectly, any commission,
amount, fee, or any form of consideration, pecuniary or otherwise, to any
person or official, personnel or representative of the government in
relation to any procurement project or activity.
Failure to observe any of the above responsibilities shall be at the risk of the
Bidder concerned.
6.2 The Bidder or its duly authorized representative shall submit a sworn statement,
covering items e to k of ITB Clause 6.1 above, in the form prescribed in DPWH-
INFR-15in ANNEX II-1.1K hereof.
6.3 The Bidder, by the act of submitting its bid, shall be deemed to have inspected
the site, determined the general characteristics of the contract works and the
conditions for this Project and examine all instructions, forms, terms, and project
requirements in the Bidding Documents.
6.4 It shall be the sole responsibility of the prospective bidder to determine and to
satisfy itself by such means as it considers necessary or desirable as to all
matters pertaining to this Project, including: (a) the location and the nature of
the contract, project, or work; (b) climatic conditions; (c) transportation facilities;
Page 27 of 129
(c) nature and condition of the terrain, geological conditions at the site
communication facilities, requirements, location and availability of construction
aggregates and other materials, labor, water, electric power and access roads;
and (d) other factors that may affect the cost, duration and execution or
implementation of the contract, project, or work.
6.5 The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity.
6.6 Before submitting their bids, the Bidders are deemed to have become familiar
with all existing laws, decrees, ordinances, acts and regulations of the Philippines
which may affect the contract in any way.
6.7 The Bidder shall bear all costs associated with the preparation and submission of
his bid, and the Procuring Entity will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.
6.8 Bidders should note that the Procuring Entity will only accept bids only from
those that have paid the applicable fee for the Bidding Documents at the office
indicated in the Invitation to Bid.
7. Origin of Goods and Services

There is no restriction on the origin of Goods, or Contracting of Works or Services other
than those prohibited by a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations.
8. Sub-Contracts
8.1 Unless otherwise specified in the BDS, sub-contracting of the Works shall be
subject to the provisions of DPWH Department Order (DO) No. 38, series of
2015, as stated in Clauses 8.2 to 8.7.
8.2 All sub-contracts shall be subject to prior approval of the concerned Heads of the
DPWH Procuring Entity within the limits of their delegated authority to approve
the original contracts.
8.3 The contractor may sub-contract portions of the works to such an extent as may
be approved by the Procuring Entity and stated in the BDS, provided that the
main contractor shall directly undertake, using its own resources, not less than
fifty percent (50%) of the contract works in terms of cost.
8.4 Each sub-contractor must comply with the eligibility criteria as specified in the
Eligibility Requirements (ER) for the portion of the contract works to be sub-
contracted to that sub-contractor- e.g., applicable license from the Philippine
Constructors Accreditation Board, satisfactory completion of works similar to the
Page 28 of 129
portion of the contract to be subcontracted and costing at least fifty percent

(50%) of the cost of such portion, and sufficient Net Financial Contracting
Capacityto cover the cost of the work to be sub-contracted, as well as minimum
equipment and manpower for the sub-contracted work set by the Procuring
Entity. These requirements shall not apply to labor pakyaw contracts provided in
the IRR Appendix 11.
8.5 The bidder/main contractor may identify the sub-contractors to whom portions
of the contract works will be sub-contracted at any stage of the bidding process
or during contract implementation, provided that any sub-contracting requires
prior approval of the Procuring Entity. If the bidder opts to disclose the name of
the sub-contractors during the bid submission, the bidder shall include the
required eligibility documents for the sub-contractors as part of the technical
component of its bid. Sub-contractors identified during the bidding may be
changed during the implementation of the contract, subject to compliance with
the eligibility requirements and approval of the Procuring Entity.
8.6 Sub-contracting of any portion of the contract shall not relieve the main
contractor from any liability or obligation that may arise from the contract. The
main contractor shall be responsible for the acts, defaults, and negligence of any
subcontractor, its agents or workmen.
8.7 For any assignment and sub-contracting of the contract or any part thereof made
without prior written approval by the concerned HoPE, the DPWH shall impose
on the erring contractor, after the termination of the contract, the penalty of
suspension for one (1) year for the first offense, and suspension of two (2) years
for the second offense from participating in the public bidding process, pursuant
to the provision of Appendix 3, Section 4.2 of the IRR of RA 9184, 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.
9. Pre-Bid Conference
9.1 If so specified in the BDS, a Pre-Bid Conference shall be held at the venue and on
the date indicated therein, to clarify and address the Bidders’ questions on the
technical and financial components of this Project.The Pre-Bid Conference shall
be held at least twelve (12) calendar days before the deadline for the submission
and receipt of Bids, but not earlier than seven (7) calendar days from the posting
of the IB/BDs in the DPWH and PhilGEPS websites. However, attendance of the
Bidders shall not be mandatory. If the Procuring Entity determines that, by
reason of the method, nature, or complexity of the contract to be bid, or when
international participation will be more advantageous to the GOP, a longer
period for the preparation of bids is necessary, the Pre-Bid Conference shall be
held at least thirty (30) calendar days before the deadline for the submission and
receipt of bids, as specified in the BDS.
Page 29 of 129
9.2 Bidders are encouraged to attend the Pre-Bid Conference to ensure that they
fully understand the Procuring Entity’s requirements. Non-attendance of the
Bidder will in no way prejudice its bid; however, the Bidder is expected to know
the changes and/or amendments to the Bidding Documents as recorded in the
minutes of the Pre-Bid Conference and the Supplemental/Bid Bulletin. The
minutes of the Pre-Bid Conference shall be recorded and prepared not later than
five (5) calendar days after the Pre-Bid Conference. The minutes shall be made
available to prospective bidders not later than five (5) days upon written
request.
9.3 Any statement made at the Pre-Bid Conference shall not modify the terms of the
bidding documents unless such statement is specifically identified in writing as
an amendment thereto and issued as a Supplemental/Bid Bulletin at least seven
(7) calendar days before he deadline for the submission and receipt of bids.
9.4 If, as indicated in the BDS, Electronic Bidding is adopted for this procurement
pursuant to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring
Entity shall observe following procedure with regard to the PBC:
a. For contracts to be bid where the conduct of PBC is required under Section
22 of RA 9184-IRR (Section 5.5.3 of this Manual Volume II), the same
procedure governing the manual method will also apply.
b. A Procuring Entity with videoconferencing capabilities may conduct its PBC

conferences electronically, provided that its Registered Merchants shall also
have similar capabilities and facilities.
c. During the conduct of the PBC, Registered Merchants may send requests for
clarification through the PhilGEPS online facility, which shall be read during
the meeting and shall form part of the minutes, unless the Procuring Entity
has previously decided that only those who have purchased the Bidding
Documents shall be allowed to participate in the PBC and raise or submit
written queries or clarifications.
d. The minutes of the PBC shall be recorded as an electronic document made

electronically available to all participating Registered Merchants through the
PhilGEPS Electronic Bulletin Board not later than three (3) calendar days after
the PBC.
e. Requests for clarification(s) on any part of the BDs or for an interpretation

must be in writing and submitted to the BAC of the Procuring Entity, either
electronically through the PhilGEPS or otherwise, at least ten (10) calendar
days before the deadline set for the submission and receipt of bids.
f. Only Bid Bulletins/Supplements approved by the Bid Notice Approver shall be

posted in the PhilGEPS at least seven (7) calendar days before the deadline
Page 30 of 129
for the submission and receipt of bids. The PhilGEPS shall automatically
notify through e-mail all Registered Merchants who have downloaded the
bidding documents and paid the BDs Fee.
B. Contents of Bidding Documents
10. Content of Bidding Documents

The set of Bidding Documents (BDs) for the specific contract at hand consists of the
documents listed below and bulletins issued in accordance withITB Clause 11
Reference in the SBDs
Section I. Invitation to Bid (IB) ANNEX II-1.1A

Section II. Eligibility Requirements (ER) ANNEX II-1.1B
Section III. Eligibility Data Sheet (EDS) ANNEX II-1.1C
Section IV. Instructions to Bidders (ITB) ANNEX II-1.1D
Section V. Bid Data Sheet (BDS) ANNEX II-1.1E
Section VI. General Conditions of Contract (GCC) ANNEX II-1.1F
Section VII. Special Conditions of Contract (SCC) ANNEX II-1.1G
Section VIII. Specifications ANNEX II-1.1H
Section IX. Drawings ANNEX II-1.1I
Section X. Bill of Quantities (BOQ) ANNEX II-1.1J
Section XI. Bidding Forms (BFs) ANNEX II-1.1K
Section XII. Foreign-Assisted Projects (FAPs) – if
applicable ANNEX II-1.1L
10.1 Bidders should note that the Procuring Entity shall only accept Bids from Bidders
that have purchased the BDs from the office indicated in the IB, or have
downloaded the BDs from the DPWH website subject to the payment of the fee
for the BDs upon submission of their bids.
11. Clarification/Amendment of Bidding Documents through Bid Bulletins

11.1 Prospective Bidders may request clarification(s) or an interpretationof any part
of the BDs. Such a request must be in writing and submitted to the Procuring
Entityat the address indicated in the BDS at least ten (10) calendar days before
the deadline set for the submission and receipt of Bids. The BAC of the Procuring
Entityshall respond to the said request by issuing a Bid Bulletin, to be made
available to all those who have properly secured BDs, at least seven (7) calendar
days before the deadline for the submission and receipt of bids.
11.2 The BAC, upon its initiative,may also issue Supplemental/Bid Bulletins to amend
or clarify any provision of the BDs, to be made available to all those who have
properly secured BDs, not later than seven (7) calendar days before the deadline
for the submission and receipt of Bids. .
Page 31 of 129
11.3 Any Supplemental/Bid Bulletin issued by the BAC shall be posted on the websites
of the DPWH and the PhilGEPS, an at anhy conspicuous place in the premises of
the Procuring Entity.It shall be the responsibility of all Bidders who secured the
Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may
be issued by the BAC. However, bidders who have submitted bids before the
issuance of the Supplemental/Bid Bulletin must be informed and allowed to
modify or withdraw their bids in accordance with ITB Clause 24.
C. Preparation of Bids
12. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its Bid,
and the Procuring Entity shall in no case be responsible or liable for those costs.
13. Language of Bid

The Bid, as well as all correspondence and documents relating to the Bid exchanged by
the Bidder and the Procuring Entity, shall be written in English. Supporting documents
and printed literature furnished by the Bidder may be in another language provided
they are accompanied by an accurate translation of the relevant passages in English, in
which case, for purposes of interpretation of the Bid, the English translation shall
govern.
14. Documents Comprising the Bid

14.1 Unless otherwise indicated in the BDS, the Bidder shall submit its Bid in
accordance with the provisions of ITB Clauses 14.2 to 14.4.
14.2 The Bidder shall present its Bidwhich shall consist of the Technical Component
and the Financial Component.
a. Technical Component – This shall include all of the following documents:
(1) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR.
(2) (a)If the bidder is not previously enrolled in the CWR: the bidder’s
Class “A” and Class “B” Documents, excluding fourClass “A”
documents covered by the PhilGEPS Certificate of Registration
– viz., SEC/DTI/CDA Registration, Mayor’s/Business Permit, Tax
Clearance, and Audited Financial Statement. These Documents
should include, among others, the following information
required in IRR Section 25.2b:
i. Unless otherwise provided in the BDS, valid PCAB

License or special PCAB License in case of joint ventures,
Page 32 of 129
and registration for the type and cost of the contract to

be bid.
ii. Statement of all On-going 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.
iii. Statement identifying the Bidder’s SLCC similar to the

contract to be bid.
iv. NFCC Computation and Statement of Total Assets and

Total Liabilities.
v. JVA, if applicable.
(b) If the bidder is previously enrolled in the CWR but would like
to update any of its Class “A” and Class “B” Documents in the
CWR: the pertinent Documents to be updated.
(3) Bid Security in/with the required form, amount, and validity
period as provided in ITB Clause 18(Use Form DPWH-INFR-10 or
11 or 12).
(4) Project Requirements which shall include the following:
(a) Organizational chart for the contract to be bid (Use Form

DPWH-INFR-13).
(b) List of contractor’s personnel (e.g., Project Manager,

Project Engineers, Materials Engineers, and Foremen), to
be assigned to the contract to be bid, with their complete
qualification and experience data (Use Form DPWH-INFR-
14).These personnel must meet the required minimum
years of experience set in the BDS.
(c) List of contractor’s major construction and laboratory

equipment units, which are owned, leased, and/or under
purchase agreements, supported by proof of ownership
and certification of availability of equipment from the
equipment lessor/vendor for the duration of the project),
as the case may be(Use Form DPWH-INFR-15.These
equipment units must meet the minimum major
equipment requirements for the contract set in the BDS.
(d) Omnibus sworn statement by the prospective bidder

or its duly authorized representative in the form
Page 33 of 129
prescribed by the GPPB as to the following (Use Form

DPWH-INFR-16):
i. It is not “blacklisted” or barred from bidding by the

Government of the Philippines or any of its agencies,
offices, corporations, or LGUs, including foreign
government/foreign or international financing
institution whose blacklisting rules have been
recognized by the GPPB.
ii. 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.
iii. It is authorizing the Head of the Procuring Entity

or his duly authorized representative(s) to verify all
the documents submitted.
iv. The signatory is the duly authorized representative of

the prospective bidder, and granted full power and
authority to do, execute and perform any and all acts
necessary and/or to represent the prospective bidder
in the bidding, with the duly notarized Secretary’s
Certificate attesting to such fact, if the prospective
bidder is a corporation, or duly notarized Special
Power of Attorney in case of sole
proprietorship,partnership or joint venture.
v. It complies with the disclosure provision under Section

47 of RA 9184 and its IRR in relation to other provisions
of R.A. 3019.
vi. It complies with the responsibilities of a prospective or

eligible bidder provided in the BDs, including ITB 6.
vii. It complies with existing labor laws and standards.
viii. It did not give or pay, directly or indirectly, any

commission, amount, fee, or any form of
consideration, pecuniary or otherwise, to any person
or official, personnel or representative of the
government in relation to any procurement project or
activity.
b. Financial Component – This shall include all of the following documents:

Page 34 of 129
(1) Bid Form, using Form DPWH-INFR-09.
(2) Bill of Quantities (BOQ) indicating the bid prices, using Forms
DPWH-INFR-17 and Form DPWH-INFR-18. The bid prices may be
in terms of (a) bid unit prices for different work items under the
BOQ, or (b) fixed total lump-sum price for the entire contract,
based on the type and complexity of the project.
(3) Detailed estimates, including a summary sheet indicating the unit

prices of construction materials, labor rates and equipment
rentals used in coming up with the Bid.
(4) Cash flow by quarter (Use Form DPWH-INFR-19).
14.3 a. Unless indicated in the BDS, all Total Bid Prices that exceed the
ApprovedBudget for the Contract (ABC) indicated in BDS 1.3 shall be
rejected.
a. Unless otherwise indicated in the BDS, for foreign-funded procurement,

aceiling may be applied to the Total Bid Prices provided the following
conditions are met:
(i) The BDs are obtainable free of charge on a freely accessible

website. If payment of the BDs is required by theProcuringEntity,
payment could be made upon the submission of bids.
(ii) The Procuring Entity has procedures in place to ensure that the
ABC is based on recent estimates made by the responsible unit of
the Procuring Entity and that the estimates are based on
adequate detailed engineering and reflect the quality, supervision
and risk and inflationary factors, as well as prevailing market
prices, associated with the types of works to be procured.
(iii) The Procuring Entity has trained cost estimators on estimating

prices and analyzing bid variances. It must also have trained
quantity surveyors.
(iv) TheProcuring Entity has established a system to monitor and

report bid prices relative to the ABC and the Procuring Entity’s
estimate.
(v) The Procuring Entity has established a monitoring and evaluation

system for contract implementation to provide a feedback on
actual total costs of works.
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14.4 The bidder may use, as reference, the checklist of requirements for its Technical
and Financial Proposals, as shown in Form DPWH-INFR-20.
15. Bid Prices

15.1 The Contract shall be for the whole Works, as described in ITB Clause 1.1, based on
the priced BOQ (Use Form DPWH-INFR-17) submitted by the Bidder.
15.2 The Bidder shall fill in its unit and total Bid prices for all items of the Works
described in the BOQ. Bids not addressing or providing all of the required items
in the BOQ, shall be considered non-responsive and, thus, automatically
disqualified. In this regard, where a required item is provided, but no price is
indicated, the same shall be considered as non-responsive, but specifying a "0"
(zero) or a dash (“-”) for the said item would mean that it is being offered for
free to the Government.
15.3 All duties, taxes, and other levies payable by the Contractor under the Contract,
or for any other cause, prior to the deadline for submission of Bids, shall be
included in the Bid prices submitted by the Bidder.
15.4 For the given scope of work in the Contract as awarded, all Bid prices shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as specified
in GCC Clause 47. Price escalation may be allowed in extraordinary
circumstances as may be determined by the National Economic and
Development Authority in accordance with the Civil Code of the Philippines, and
upon the recommendation of the Procuring Entity. Furthermore, in cases where
the cost of the awarded contract is affected by any applicable new laws,
ordinances, regulations, or other acts of the GOP, promulgated after the date of
bid opening, a contract price adjustment shall be made or appropriate relief shall
be applied on a no loss-no gain basis.
16. Currencies of Bid and Payment

16.1 All Bid prices shall be quoted in Philippine Pesosunless otherwise provided in the
BDS. However, for purposes of bid evaluation, bids denominated in foreign
currencies shall be converted to Philippine currency based on the exchange rate
prevailing on the day of the Bid opening.
16.2 If so allowed in accordance with ITB Clause16.1, the Procuring Entity for purposes
of bid evaluation and comparing the bid prices will convert the amounts in various
currencies in which the bid price is expressed to Philippine Pesos at the exchange
rate as published in the BSP reference rate bulletin on the day of the bid opening.
16.3 Unless otherwise specified in the BDS, payment of the contract price shall be made
in Philippine Pesos.
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17. Bid Validity

17.1 Bids shall remain valid for the period specified in the BDS,which shall not exceed
one hundred twenty (120) days from the date of the opening of Bids.
17.2 In exceptional circumstances, the Procuring Entity may request that the Bidders
extend the period of validity of their Bids for a specified additional period. The
request and the Bidders’ responses shall be made in writing. A Bidder may
refuse the request without forfeiting the Bid Security. A Bidder agreeing to the
request will not be required or permitted to otherwise modify the Bid, but will
be required to extend the validity of the Bid Security for the period of the
extension, and in compliance with ITB Clause 14 in all respects.
18. Bid Security
18.1 The Bidder shall submit to the Procuring Entity, as part of its Bid, a Bid
SecuringDeclaration (usingForm DPWH-INFR-12) or any form of Bid Security in
an amount stated in the BDS, which shall not be less than a percentage of the
ABC in accordance with the following schedule:
Table 18.1. Forms and Amounts of Bid Security

Form Minimum Amount
(1) Cash or cashier’s/manager’s check issued by a Two percent (2%)
Universal or Commercial Bank of ABC
(2) Bank draft/guarantee or irrevocable letter of credit Two percent (2%) of
issued by a Universal or Commercial Bank (Use Form ABC
DPWH-INFR-10 or 11)
(3) Surety bond callable on demand issued by a surety or Five percent (5%) of
insurance company duly certified by the Insurance ABC
Commission as authorized to issue such security
18.2 ABid Securing Declaration is an undertaking which states, among others, that the
bidder shall enter into contract with the Procuring Entity and furnish the
required Performance Security within ten (10) calendar days, or less, as indicated
in the BDs, 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 activity in the event it violates any of
the conditions stated therein as required in the guidelines issued by the
Government Procurement Policy Board (GPPB).
18.3 The Bid Security should be valid for the period specified in theBDS.
18.4 Any Bid not accompanied by a Bid Securing Declaration or an acceptable Bid
Security shall be rejected by the Procuring Entity as non-responsive.
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18.5 No Bid Securities shall be returned to Bidders after the opening of Bids and
before contract signing, except to those that failed or post-disqualified in
accordance with the IRR, upon submission of a written waiver of their right to
file a motion for reconsideration and/or protest, or lapse of the reglementary
period without having filed a motion for reconsideration or protest.to comply
with any of the requirements to be submitted in the Technical Proposal and
Financial Proposal of the Bid, as provided in the IRR of R.A. 9184. Without
prejudice to the forfeiture of Bid Securities, Bid Securities shall be returned only
after the Bidder with the Lowest Calculated Responsive Bid has signed the
Contract and furnished the Performance Security, but in no case later than the
expiration of the Bid Security validity period indicated in ITB Clause 18.3.
18.6 The Bid Security may be forfeited:
a. if the Bidder withdraws its Bid after Bid opening during the period of Bid
validity; or
b. if the Bidder does not accept the correction by the Bids and Awards
Committee of arithmetical and computational errors in its Bid prices,
pursuant to ITB Clause 28; or
c. in the case of thewinning Bidder, if the Bidder fails, within ten (10) days
from its receipt of the Notice of Award, to:
(1) submit to the Procuring Entitythe following documents:
(a) Notice of Award with the bidder’s signed “conforme;”
(b) Authority of Signing Official/Board Resolution/Secretary’s

Certificate;
(c) For a joint venture (JV), Contractor’s PCAB Special JV

License and JV Agreement;
(d) Performance Security(Use Form DPWH-INFR-43 or DPWH-

INFR-44, as applicable);
(e) Construction Methods (Use Form DPWH-INFR-45);
(f) Construction Schedule in the form of PERT/CPM Diagram

or Precedence diagram and Bar Chart with S-Curve(Use
Form DPWH-INFR-46);
(g) Manpower Schedule(Use Form DPWH-INFR-47);
(h) Equipment Utilization Schedule(Use Form DPWH-INFR-

48);
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(i) Construction Safety and Health Program (Use Form

DPWH-INFR-49);
(j) Contractor’s All Risk Insurance (CARI);
(k) Latest Income Tax and Business Returns duly stamped and
received by BIR and duly validated with the tax payments
made. Tax Clearance from the BIR to prove full and timely
payment of taxes;
(l) For a local contractor, Certification under oath stating that

the Contractor is free and clean of all tax liabilities;
(m) For a foreign bidder, valid PCAB License and Registration

for the type and cost of the contract to be bid, when the
Treaty or International or Executive Agreement expressly
allows submission of the PCAB License and Registration for
the type and cost of the contract to be bid as a pre-
condition to the NOA; or
(2) has a finding against the veracity of the required documents

submitted in accordance with ITB Clause 34-b; or
(3) sign the Contract Agreement; or
d. if the Bidder submits eligibility requirements that contain false

information or falsified documents, or conceals such information, in
order to influence the outcome of the eligibility screening or any other
stage of the bidding; or
e. if the Bidder submits Bids that contain false information or falsified

documents, or conceals such information in the Bids, in order to
influence the outcome of the bidding; or
f. if the Bidder allows the use of its name by another contractor, or uses the
name of another contractor, for purposes of public bidding; or
g. if the Bidder refuses to clarify or validate in writing its Bid during post-
qualification within a period of seven (7) calendar days from receipt of
the request for clarification; or
h. if the Bidder makes any documented unsolicited attempt to unduly

influence the outcome of the bidding in its favor; or
i. if the Bidder commits any other act that tends to defeat the purpose of
the competitive bidding, such as habitually withdrawing from bidding or
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submitting letters of non-participation for at least three (3) times within

twelve (12) months, except for valid reasons.
19. Alternative Bids by Bidders

19.1 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.For this purpose, alternative bid is an offer made by a
Bidder in addition or as a substitute to its original bid which may be included as
part of its original bid or submitted separately therewith for purposes of bidding.
A bid with options is considered an alternative bid regardless of whether said bid
proposal is contained in a single envelope or submitted in two (2) or more
separate bid envelopes.
19.2 Each Bidder shall submit only one Bid, either individually or as a partner in a JV.
A Bidder who submits or participates in more than one bid (other than as a
subcontractor if a subcontractor is permitted to participate in more than one
bid) will cause all the proposals with the Bidder’s participation to be disqualified.
This shall be without prejudice to any applicable criminal, civil and administrative
penalties that may be imposed upon the persons and entities concerned.
20. Format and Signing of Bid

20.1 Bidders shall submit their bids through their duly authorized representative
using the appropriate forms provided in Section XI of the SBDs (ANNEX IIA-11)
on or before the deadline specified in the ITB Clause 22 in two (2) separate
sealed bid envelopes, and which shall be submitted simultaneously. The first
shall contain the technical component of the bid as provided in ITB Clause 14.2a,
and the second shall contain the financial component of the bid as provided in
ITB Clause 14.2a.
20.2 Forms as mentioned in ITB Clause 20.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.
20.3 The Bidder shall submit one original of the Technical Proposal and one original of
the Financial Proposal as described in ITB Clause 20.1 and clearly mark each as
“ORIGINAL - TECHNICAL PROPOSAL” and “ORIGINAL – FINANCIAL PROPOSAL”. In
addition, the Bidder shall submit copies of the Technical Proposal and the
Financial Proposal, and clearly mark them “COPY NO… - TECHNICAL PROPOSAL”
and “COPY NO…. – FINANCIAL PROPOSAL”. In the event of any discrepancy
between the original and the copies, the original shall prevail.
20.4 The original copy of the Bid as indicated in the BDS shall be typed or written in
indelible ink and shall be signed by the Bidder or a person or persons duly
authorized to bind the Bidder to the contract. Each page of the Bid Form and the
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accomplished Bill of Quantities shall be signed by the Bidder or its duly

authorized representative. Failure to do so shall be a ground for the rejection of
the Bid.
20.5 Any interlineations, erasures, alterations or overwriting shall be valid only if they
are signed or initialed by the person signing the Bid.
20.6 Commissions or gratuities are not allowed.
21. Sealing and Marking of Bids

21.1 The Bidder shall enclose the original of the Technical Proposal in one sealed
envelope marked as “ORIGINAL - TECHNICAL PROPOSAL”; whereas, the original
of the Financial Proposal shall be enclosed in another sealed envelope marked as
“ORIGINAL - FINANCIAL PROPOSAL”. Both envelopes shall then be placed in
another single envelope marked as “ORIGINAL BID.”
21.2 Each copy of the Technical Proposal and Financial Proposal, shall be similarly
sealed duly marked as “COPY NO… - TECHNICAL PROPOSAL” and “COPY NO… –
FINANCIAL PROPOSAL” respectively and the outer envelope as “COPY NO”.
21.3 These envelopes containing the original and the copies shall then be enclosed in
one single envelope that shall:
a. indicate the name of the Contract to be bid;
b. bear the name and address of the Bidder;
c. be addressed to the Procuring Entity in accordance with ITB Clause 7;
d. bear the specific identification of this bidding process indicated in the

BDS; and
e. bear a warning “DO NOT OPEN BEFORE…” the time and date for the
opening of Bids , in accordance with ITB Clause 21.
21.4 If all envelopes are not sealed and marked as required, the Procuring Entity will
assume no responsibility for the misplacement or premature opening of the Bid.
If a Bid is not sealed and marked as required, the bidder or its authorized
representative shall acknowledge the condition of such Bid as submitted;
otherwise the Bid shall be disqualified.
D. Submission and Opening of Bids
22. Place and Deadline for Receipt of Bids

Bids must be received by the BAC of the Procuring Entityat the addressand on or
beforethe deadline indicated in the BDS.
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23. Late Bids

Any Bid submitted after the deadline for the receipt of Bids prescribed by the Procuring
Entity, pursuant to ITB Clause 18, shall be declared “Late” and shall not be accepted by
the Procuring Entity. The BAC shall record in the minutes of the bid submission and
opening, the bidder’s name, its representative and the time the late bid was submitted.
24. Modification and Withdrawal of Bids

24.1 The Bidder may modify its Bid after it has been submitted provided that the
modification is received by the Procuring Entityprior to the deadline prescribed
for the receipt of Bids by the BAC. The Bidder shall not be allowed to retrieve its
original Bid, but shall be allowed to submit another Bid equally sealed, properly
identified, in accordance with ITB Clause 21, linked to its original bid marked as
“TECHNICAL MODIFICATION” or “FINANCIAL MODIFICATION” and stamped
“received” by the BAC. Bid modifications received after the applicable deadline
shall not be considered and shall be returned to the Bidder unopened.
24.2 A Bidder may, through a Letter of Withdrawal, withdraw its Bid after it has been
submitted, for valid and justifiable reasons, provided that the Letter of
Withdrawal is received by the Procuring Entity not later than the deadline
prescribed for the receipt of Bids. The letter of withdrawal must be executed by
the authorized representative of the Bidder identified in the Omnibus Sworn
Statement, a copy of which should be attached to the letter.
24.3 Bids requested to be withdrawn in accordance with ITB Clause 20.2 shall be
returned unopened to the Bidders. A Bidder that withdraws its Bid shall not be
permitted to submit another Bid, directly or indirectly, for the same contract.
24.4 No Bid may be modified after the deadline for the receipt of Bids. No Bid may be
withdrawn in the interval between the deadline for the receipt of Bids and the
expiration of the period of Bid validity specified by the Bidder in accordance with
ITB Clause 13.1. Withdrawal of a Bid during this interval may result in the
forfeiture of the Bidder’s Bid Security, pursuant to the ITB Clause 14.5, and the
imposition of administrative, civil and criminal sanctions as prescribed by R.A.
9184 and its IRR.
25. Receipt of Bids under Electronic Bidding
If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the submission and receipt of bids:
a. On-line Bidders may submit their eligibility requirements to the Procuring Entity
through the e-bidding facility of PhilGEPS.
b. Joint Ventures
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(1) In case of joint venture, each partner of the joint venture must: (i) be
registered in the PhilGEPS, (ii) secure Certified Membership Status, and
(iii) electronically send itsrespective eligibility documents.
(2) The joint venture partners must identify and designate the Primary and
Secondary Partner(s).
(3) Before the PhilGEPS will accept submissions of Technical and Financial
Proposals from the Primary Partner, there must be a confirmation from
the Secondary Partner(s) as to existence of, or agreement to enter into, a
joint venture.
(4) Upon Confirmation, the Primary Partner shall be required by the PhilGEPS
to upload the Joint Venture Agreement or a duly notarized statement.
c. With regard to the requirement for a Bid Security as part of the Technical
Proposal under Section 5.6.2a(2) above, the following guidelines shall be
observed:
i. On-line bidders may submit the Bid Security in cash through the PhilGEPS
electronic payment facility.
ii. In case of other forms of Bid Security, the on-line bidder shall prepare
and submit a scanned copy of the Bid Security together with the
electronic bid. However, the original Bid Security must be submitted to
the BAC concerned before the end of business hours on the day of bid
submission, a failure of which shall automatically render the bid
submission as non-compliant.
iii. If the on-line bidder sends the original Bid security through registered
mail or private courier, the indicated date of receipt by the postal service
or private courier shall be considered as the date of submission to the
BAC concerned, without prejudice to any verifications during post-
qualification.
d. On-line Bidders, or the Primary Partner in the case of Joint Ventures, shall
electronically submit their bids through the Bidder’s On-line Nominee, at any
time before the closing date and time specified in the BDs.
e. The actual time of bid submission of an On-line Bidder shall be the time
indicated on the PhilGEPS Server when the bidder clicks the “Submit” button
which shall be automatically recorded by the PhilGEPS. Upon receipt of a bid, the
PhilGEPS shall automatically generate a bid receipt page that can be printed by
the on-line bidder. This contains the recorded “submission time” which shall be
considered as the Official Submission Time of the bidder.
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f. An On-line Bidder may modify its bid at any time before the closing date and
time for the submission and receipt of bids.
g. An On-line Bidder may withdraw its bid before the deadline for the submission
and receipt of bids.
h. The PhilGEPS shall bar all incoming bids after the closing date and time.
26. Opening and Preliminary Examination of Technical Components of Bids
26.1 The BAC shall open the Bid envelopes in the presence of Bidders’ representatives
who choose to attend, at the time, on the date, and at the place specified in the
BDS. Bidders’ representatives who are present shall sign a register evidencing
their attendance. In case the Bids cannot be opened as scheduled due to
justifiable reaons, the BAC shall take custody of the Bids submitted and
reschedule the opening of Bids on the next working day or at the soonest
possible time through the issuance of a bid bulletin to be posted in the DPWH
and PhilGEPS websites.
26.2 The BAC shall read out and record letters of withdrawal, and return the
unopened envelopes containing the corresponding withdrawn Bid to the Bidders
concerned.
26.3 Outer envelopes marked “TECHNICAL MODIFICATION” or “FINANCIAL

MODIFICATION” shall be identified but not opened. The BAC shall announce the
presence and type of modification from the information contained on the outer
envelope.
26.4 The BAC shall thenconduct the Preliminary Examination of the Bids. The purpose
of this examination is solely to determine the “presence-or-absence” of each of
the required documents comprising the bid, as stated in Clause 14 above, using a
simple non-discretionary “pass (if present) – or - fail (if absent)” criterion, with
the aid of checklists.
26.5 The BAC shall first openand undertake the Preliminary Examination of the
envelopes containing the Technical Components of the Bids, one at a time, and
reading out and recording the following:
a. Name of the Bidder.
b. Whether there is a technical modification or substitution.
c. Presence, amount and validity of the Bid Security.
d. Presence or absence of each document comprising the Technical

Proposal vis-à-vis a checklist of the required documents.
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26.6 The BAC of the Procuring Entity shall determine each Bidder’s compliance with
the documents required to be submitted for the Technical Component of the
Bid, as prescribed in ITBClause 14. For this purpose, the BAC shall check the
submitted documents in the Technical Component envelopeagainst a checklist
(Form DPWH-INFR-31) of the required documents to ascertain if thelatterare all
present in the Technical Component envelope. If the required document is
present, the Technical Component shall be rated as “passed” for that particular
requirement. On the other hand, if the required document is absent, i.e.,
missing, incomplete or patently insufficient, the Technical Componentshall be
rated as “failed” for that particular requirement. In case one or more of the
required documents in the Technical Component of a particular Bid is absent -
i.e., missing, incomplete, or patently insufficient - the BAC shall rate the
Technical Component as “failed” and immediately return to the Bidder
concerned its second envelope (Financial Component) unopened. If all of the
required documents in the Technical Component envelope are present, the
Technical Component is rated as “passed.”
27. Eligibility Check
27.1 Unless otherwise indicated in the BDS, after the Preliminary Examination of the
Technical Components of the Bids, the BAC of the Procuring Entity, assisted by its
BAC Secretariat, shall conduct the Eligibility Check of each bidder that passed the
documentary requirements for the Technical Component of the Bids - i.e., the
BAC shall determineif the bidder is eligible to bid for the contract being
procured. This shall be done electronically by computer using the data and
program in the DPWH Civil Works Registry (CWR). The submission of the Original
Receipt (OR) for payment of the BDs for the contract issued by any DPWH field
office is sufficient for the BAC of the Procuring Entity to undertake the electronic
eligibility evaluation of contractors.
27.2 The BAC Secretariat of the Procuring Entity shall enter into the CWR the Contract
Profile (CP) for the contract being procured. The CP will give the basic contract
data, including the ABC, works similar to those of the contract to be bid, and
contract duration.
27.3 In case a bidder is already enrolled in the CWR and submits the Original Receipt
(OR) for payment of the BDs for the contract issued by any DPWH field office,
together with its bid, the BAC Secretariat shall enter into the CWR the PCAB
License Number and/or name of the bidder.
27.4 In case a bidder is not previously enrolled in the CWR and submits its Eligibility
Requirements – i.e., Class “A” and Class “B” Documents - as part of its bid,
together with Original Receipt (OR) for payment of the BDs for the contract
issued by any DPWH field office, the BAC Secretariat shall immediately encode
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and enter into the CWR the appropriate data and information – e.g., SLCC, NFCC,
etc. - from the submitted Documents.
27.5 In both cases, the CWR program will then electronically process and match the
prospective bidder’s capability or eligibility data in the CWR – e.g., value of Single
Largest Completed Contract (SLCC) similar to the contract being procured and
actual NFCC - against the eligibility requirements for the contract derived from
the CP – e.g., SLCC similar to the subject contract and costing at least 50% of
ABC, and NFCC at least equal to ABC. The computer program will thus
automatically determine whether or not the prospective bidder meets the
following eligibility requirements:
a. The cost of the bidder’s SLCC is at least 50% of the ABC of the project to be
procured.
b. The bidder’s NFCC is at least equal to ABC of the project to be procured.
The program will also generate the results of the Eligibility Check, including the
Notices of Ineligibility. The reasons for ineligibility will also be automatically
shown in the Notices of Ineligibility.
27.6 During the bids opening session, the BAC will issue the Notices of Ineligibility to
the bidders concerned. If any of the bidders immediately agrees to their
ineligibility as indicated in the Notices, the BAC shall promptly not consider its
bid and thus return its Financial Component envelope to the bidder unopened.
If, on the other hand, any of the bidders indicate its intent to seek a
reconsideration of its declared ineligibility, the BAC shall set aside its sealed
Financial Component envelope which shall be signed on its cover by the bidder
and other competing bidders and members of the BAC. If, after evaluating the
bidder’s request for reconsideration, the BAC finds the bidder to be eligible for
the contract at hand, the BAC shall set the date and time for the opening of its
Financial Component envelope.
27.7 In either case - i.e., the ineligible bidder accepting its ineligibility or expressing it
intent to seek a reconsideration of its ineligibility - the either case - i.e., the
ineligible bidder accepting its ineligibility or expressing it intent to seek a
reconsideration of its ineligibility - the BAC shall then proceed with the opening
and preliminary examination of the Financial Component of the bids of the
bidders that are declared eligible.
28. Preliminary Examination of Financial Components of Bids

28.1 On the same day, the BAC shall then open the Financial Component of the Bid
(second envelope) of each bidder whose Technical Component of the Bid was
rated as “passed” (i.e., with complete documentary requirements) and was
declared to be eligible for the contract. The BAC shall check the submitted
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documents in the Financial Component against a checklist of required

documents (Form DPWH-INFR-31)to ascertain if the latter are all present in the
Financial Component envelope. If the required document is present, the
Financial Component shall be rated as “passed” for that particular requirement.
In case one or more of the required documents in the Financial Component of a
particular Bid is absent - i.e., missing, incomplete or patently insufficient - and/or
if the submitted total bid price exceeds the ABC, the BAC shall rate the Financial
Component and, thus, the entire bid, as “failed.” If all of the required
documents in the Financial Component are present, the entire bid is rated as
“passed.” Bids that are so rated as “passed” shall immediately be considered for
detailed evaluation.
28.2 The BAC shall prepare the minutes of the proceedings of the Bid opening that
shall include, as a minimum: (a) the Abstract of Bids as Read including the name
of each Bidder, its Bid prices, Bid Security, and findings of the Preliminary
Examination of Bids; and (b) the attendance sheet.
28.3 The BAC members shall sign the Abstract of Bids as Read and the BAC Observers
may witness the same. The Abstract of Bids as Read and the minutes of the Bid
opening shall be available to the public upon written request and payment of a
specified fee to cover the cost of materials.
29. Opening and Preliminary Examination under Electronic Bidding

to GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the opening and preliminary examination:
a. Upon receipt of manually-filed bids, the Bid Opener, before the Bid Opening, but
immediately after the deadline for submission of bids, shall record and input into
the PhilGEPS E-bidding module the date and time each of the bid was manually
received, including the name of the bidder’s authorized representative.
b. The BAC shall open the bids immediately after the deadline for submission and
receipt of bids, and on the bid opening date.
c. Before the decryption of electronic bids, the Bid Opener must first login to the
PhilGEPS and only then can BAC members input their respective USER IDs and
PASSWORDS, provided however, that PhilGEPS decryption will not take place
unless all the members present and loggingin constitute quorum.
d. The Bid Opener shall publicly open the first bid envelopes of bidders who
submitted bids manually to determine each bidder’s compliance with the
documents required to be submitted for eligibility, that is, legal, technical and
financial eligibility documents; and for the technical requirements. For this
purpose, the BAC shall check the submitted documents of each bidder against a
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checklist of required documents to ascertain if they are all present, using a non-
discretionary “pass/fail” criterion. If a bidder submits the required document, it
shall be rated “passed” for that particular requirement. In this regard, bids that
fail to include any requirement or are incomplete or patently insufficient shall be
considered as “failed”. Otherwise, the BAC shall rate the bidder “passed” in
relation to the eligibility and technical documents in the first envelope.
e. After all the manually submitted first envelopes of bidders were opened, and the
results and findings were encoded in the PhilGEPS Preliminary Examination
Report facility, the Bid Opener shall thereafter proceed to decrypt the electronic
First Bid Envelopes submitted by the On-line Bidders to determine each bidder’s
compliance with the required eligibility and technical documents following the
steps and procedures outlined in Section 5.6.9d above. Thereafter, the Bid
Opener shall input the findings and results into the PhilGEPS’ Preliminary
Examination Report facility.
f. Immediately after determining compliance with the requirements in the first

envelope, the Bid Opener shall forthwith open the manually submitted second
bid envelope of each eligible bidder whose first bid envelope was rated
“passed.” The second envelope of each complying bidder shall be opened within
the same day.
g. After all the manually submitted second envelopes of bidders were opened, and
the results and findings were encoded in the PhilGEPS Preliminary Examination
Report facility, the Bid Opener shall thereafter proceed to decrypt the electronic
Second Bid Envelopes of each On-line Bidders whose electronic first bid
envelope was rated “passed” to determine each bidder’s compliance with the
required financial documents following the steps and procedures outlined in
Section 5.6.9f above.
h. In case one or more of the requirements in the second envelope of a particular

bid is missing, incomplete or patently insufficient, and/or if the submitted total
bid price exceeds the ABC, the BAC shall rate the bid concerned as “failed”. The
Bid Opener shall then input the findings and results into the PhilGEPS’
Preliminary Examination Report facility.
i. Only bids that are determined to contain all the bid requirements for both
components shall be rated “passed” and shall immediately be considered for
evaluation and comparison.
j. The PhilGEPS shall automatically send an electronic mail to all bidders who failed
in the preliminary examination of the first and/or second envelope.
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E. Evaluation and Comparison of Bids
30. Process to be Confidential

Members of the BAC, its staff and personnel, Secretariat and TWG, as well as observers,
are prohibited from making or accepting any kind of communication with any bidder
regarding the evaluation of any of the bids until the issuance of the Notice of Award.
31. Clarification of Bids

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

a. The Procuring Entity shall evaluate and compare, in detail, only the Bids that are
rated as “complying” (“passed”) for both Technical and Financial Proposals
pursuant to ITB Clause 26.
b. In evaluating the Bids to get the Lowest Calculated Bid, the Procuring Entity shall
undertake the following:
c. The detailed evaluation of the Financial Proposals of the Bids, to establish the
correct calculated prices of the Bids.
d. The ranking of the total bid prices as so calculated from the lowest to highest.
The
Bid with the lowest price in the ranking shall be identified as the Lowest
Calculated Bid.
e. To determine the Lowest Calculated Bid, the BAC shall use non-discretionary
“pass/fail” criteria, as stated in the IB, which shall include a consideration of the
following:
(1) Completeness of the bid. Unless the ITB specifically allows partial bids,
bids not addressing or providing all of the required items in the BDs,
including the BOQ, shall be considered as non-responsive and, thus,
automatically disqualified. In this regard, where a required item is
provided, but no price is indicated, the same shall be considered as non-
responsive, but specifying a “0” (zero) or a dash (“-”) for the said item
would mean that it is being offered for free to the Government, except
those required by law or regulations to be provided for (IRR Section
32.2.1a); and
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(2) Arithmetical corrections. The BAC shall consider computational errors,

omissions and discounts if allowed in the BDs to enable proper
comparison of all eligible bids. Any adjustment shall be calculated in
monetary terms to determine the calculated prices.
In case a bid offers a discount on the total bid price, the percentage of
the discount to the total bid price shall be applied to all pay items for
purposes of evaluating the value of work accomplished during the
implementation stage.
(3) Evaluation on equal footing. The BAC shall evaluate all bids on an equal
footing to ensure fair and competitive bid comparison. For this purpose, all
bidders shall be required to include the cost of all taxes, such as, but not
limited to, value added tax (VAT), income tax, local taxes, and other fiscal
levies and duties which shall be itemized in the Bid Form and reflected in
the detailed estimates. Such bids, including said taxes, shall be the basis for
bid evaluation and comparison.
iv. Rule on discrepancies. In case of discrepancies between: (a) bid prices in

figures and in words, the latter shall prevail; (b) total price per item and
unit price for the item as extended or multiplied by the quantity of that
item, the latter shall prevail; (c) stated total price and the actual sum of
prices of component items, the latter shall prevail; (d) unit cost in the
detailed estimate and unit cost in the BOQ, the latter shall prevail. The
corrected per item cost for all items shall be the basis for the corrected
grand total cost.
v. Total calculated bid prices. The total calculated bid prices are obtained
after making the detailed evaluation and corrections according to the
abovementioned criteria.
f. The Procuring Entity’s evaluation of bids shall only be based on the bid price quoted
in the Financial Bid Form.
g. In case of discrepancies between:
(1) bid prices in figures and in words, or
(2) total bid prices per pay item and unit prices applied to the quantities per
pay item, or
(3) statedtotal Bid price and the actual sum of prices of component items, or
(4) unit prices in the detailed estimate and unit bid prices in the Bill of
Quantities,
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the latter in each of the above cases shall prevail, and the total Bid amount shall
be corrected accordingly.
h. Based on the detailed evaluation of the bids, those that comply with the
abovementioned requirements shall be ranked in the ascending order of their
total calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, in accordance with the provisions of this ITB
Clause. This will identify the Lowest Calculated Bid. Total calculated bid prices,
as evaluated and corrected for computational errors, discounts and other
modifications, which exceed the ABC shall not be considered, unless otherwise
indicated in BDS 14.3a.
i. The provision in this Clause 32-i is not to be considered in the evaluation of the bids
to determine the technically complying bid or the lowest calculated bid, but shall be
appliedby the Procuring Entity during the implementation of the contract,
particularly in making contract payments:
(1) During the evaluation of the bids, the BAC shall take note of any
unbalanced bids on early works and other items for unit-priced contracts.
(2) Unbalanced bids are defined as those where the total bid price for a major
pay item is more than fifty percent (50%) of the corresponding cost of
thatpay item in the ABC. A major pay item is defined as that whose cost in
the ABC is 20% or more of the total ABC; if there is no such pay item, then
major pay items are defined as the two pay items in the ABC with the
highest total costs.
(3) Unbalanced bids also include those with a minor pay item whose cost in
the ABC is more than five percent (5%) of the total ABC and where the
corresponding bid price for that pay item is more than one hundred
percent (100%) of the ABC for that item.
(4) For unbalanced bids, during the implementation of the contract works, the
payment for these major and minor pay items shall be made initially at the
unit prices in the ABC, and the remainder - i.e., contract unit price minus
ABC unit price for the major pay item - shall be paid when the work under
the major pay item is completed.
33. Procedure for Detailed Evaluation of Bids under Electronic Bidding

In case Electronic Bidding is adopted pursuant to GPPB Resolution No. 23-2013, dated
30 July 2013, the Procuring Entity shall apply the manual procedure for the detailed
evaluation of bids prescribed under Section 31 of the ITB. In addition, the procuring
Entity shallobserve the following guidelines:
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a. After conducting the detailed evaluation of all bids using non-discretionary

criterion, the Bid Opener shall input and record the results of the evaluation into
the PhilGEPS’ Evaluation Summary Report facility.
b. The PhilGEPS shall automatically rank the bidders in ascending order based on
their total calculated bid prices to identify the LCB as evaluated and corrected for
computational errors, and other bid modifications. Total calculated bid prices, as
evaluated and corrected for computational errors, and other bid modifications,
which exceed the ABC shall be disqualified. After all bids have been received,
opened, examined, evaluated, and ranked, the system shall thereafter generate
the Abstract of Bids in the form of PhilGEPS Evaluation Summary Report.
c. The BAC shall manually prepare a Resolution whether approving or denying the
Abstract of Bids generated by the system. However, after the BAC Resolution
approving the Abstract of Bids is uploaded in the PhilGEPS, an electronic
message shall be automatically sent to all bidders who participated informing
them that the Abstract of Bids is available for downloading.
34. Post-Qualification of the Lowest Calculated Bid

a. The Procuring Entity shall conduct a Post-Qualification of the Bidder that is
evaluated to have the Lowest Calculated Bid (LCB) to determine definitely if it
complies with and is responsive to all requirements and conditions for eligibility
and of the Bidding for the contract specified in ITB Clauses 5 and 14.
b. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the LCB, the Bidder shall
submit the following post-qualification documentary requirements(IRR Section
34.2):
(1) Latest income and business tax returns.
(2) Other appropriate licenses and permits required by law and stated in the
BDS.
Failure of the Bidder declared as LCB to submit the requirements under

thisClause on time or a finding against the veracity thereof, shall disqualify the
Bidder for award. 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 Sewction 69 of the IRR.
c. The determination shall use non-discretionary “pass/fail” criteria and be based

upon examination, verification, and validation of all statements made and
documents submitted by the Bidder in the Technicaland Financial Components
of its Bid. The Procuring Entity shall use the post-qualification criteria indicated
in Form DPWH INFR-37. The post-qualification shall be completed within twelve
(12) calendar days.
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d. If the BAC determines that the Bidder with the LCB passes all the criteria for
Post-Qualification, it shall declare the said bid as the Lowest Calculated
Responsive Bid, (LCRB) and recommend to the HoPEthe award of contract to the
said Bidder at its submitted price or its calculated bid price, whichever is lower.
e. If the BAC determines that the Bidder with the LCBfails the criteria for Post-
Qualification, it shall proceed to the next LCBwith a fresh period to make a
similar determination of that Bidder’s capabilities. If the second Bidder,
however, fails the Post-Qualification, the procedure for Post-Qualification shall
be repeated for the Bidder with the next LCB, and so on until the LCRB is
determined for recommendation of contract award.
35. Post-Qualification under Electronic Bidding
to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring Entity shall observe
the following procedure with regard to the post-qualification:
a. Within one (1) day after the approval of the Abstract of Bids, the bidder with the
Lowest Calculated Bid (LCB) should be notified through electronic mail that the
bidder shall undergo post-qualification and submit the post-qualification
requirements within five (5) calendar days as provided for under Section 34.2 of
RA 9184-IRR.
b. If the BAC determines that the bidder with the LCB passes all the criteria for
post-qualification, it shall declare the said bid as the Lowest Calculated
Responsive Bid (LCRB), and recommend to the HoPE the award of contract to the
said bidder at its submitted bid price or its calculated bid price, whichever is
lower or, in the case of quality-based evaluation procedure, submitted bid price
or its negotiated price, whichever is lower.
c. If, however, the BAC determines that the bidder with the LCB fails the criteria for
post-qualification, it shall immediately notify the said bidder electronically in
writing of its post-disqualification and the grounds for it.
d. Immediately after the BAC has electronically notified the first bidder of its post-
disqualification, and notwithstanding any pending request for reconsideration
thereof, the BAC shall initiate and complete the same post-qualification process
on the bidder with the second LCB. If the second bidder passes the post-
qualification, and provided that the request for reconsideration of the first
bidder has been denied, the second bidder shall be post-qualified as the bidder
with the LCRB.
e. If the second bidder, however, fails the post-qualification, the procedure for
post-qualification shall be repeated for the bidder with the next LCB, and so on
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until the LCRB, as the case may be, is determined for award, subject to Section
37 of the IRR.
f. The post-qualification process shall be completed in not more than twelve(12)

calendar days from the determination of the LCB. In exceptional cases, the post-
qualification period may be extended by the HoPE, but in no case shall the
aggregate period exceed forty five (45) calendar days.
g. The BAC or its Bid Opener shall record and encode the post-qualification results
of manually submitted documents in the PhilGEPS. For electronic documents
submitted online, the BAC or its Bid Opener shall decrypt the documents and the
results recorded automatically.
h. After recording the post-qualification summary and uploading the BAC resolution
declaring the bidder with the LCRB in the PhilGEPS, an electronic message shall
be automatically sent to all bidders who participated informing them that the
Notice of LCRB is available for downloading.
36. Right of Procuring Entity to Reject Bids

36.1 Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring
Entity concerned reserves the right to review the qualifications of the Bidder at
any stage of the procurement process if the Entity has reasonable grounds to
believe that the Bidder has made a misrepresentation, or that there has been a
change in the Bidder’s capability to undertake the contract from the time it
submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements, statements
or documents, or any changes in the situation of the Bidder which will affect its
capability to undertake the contract so that it fails the preset eligibility or bid
evaluation criteria, the Procuring Entity shall consider the said Bidder as
ineligible and shall disqualify it from submitting a bid or from obtaining an award
for the contract.
36.2 The Procuring Entity reserves the right to reject any and all bids, declare a failure
of bidding, or not award the contract in the following situations, without
incurring any liability to the affected bidders:
a. If there is prima facie evidence of collusion among appropriate public

officers or employees of the Procuring Entity, or between the BAC and
any of the bidders, or among the bidders themselves, or between a
bidder and a third party, including any act which restricts, suppresses or
nullifies or tends to restrict, suppress or nullify competition.
b. If the BAC is found to have failed in following the prescribed bidding

procedures.
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c. For any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the Government as follows:
(1) if the physical and economic conditions have significantly changed so

as to render the contract works no longer economically, financially or
technically feasible as determined by the HoPE;
(2) if the contract works are no longer necessary as determined by the

HoPE; or
(3) if the funds for the contract have been cancelled, withheld or reduced
through no fault of the Procuring Entity.
36.3 In addition, the Procuring Entity may likewise declare a failure of bidding,
without incurring any liability to the affected bidders, when:
a. no bids are received;
b. all prospective bidders are declared ineligible;
c. all bids fail to comply with all the bid requirements or fail post-
qualification; or
d. the bidder with the LCRB refuses, without justifiable cause to accept the
award of contract, and no award is made.
F. Award of Contract
37. Award Criterion
The Procuring Entity shall award the contract to the winning Bidder whose Bid has been
determined, after the evaluation of bids and Post-Qualification, as the LCRB, at its
submitted bid price or its calculated bid price, whichever is lower (IRR Section 34.4).
38. Notice of Award

38.1 Based on the Bid-Evaluation and Post-Qualification Report, the BAC shall declare
the LCRB and recommend, through a Resolution to the HoPE, the award of the
contract to the Bidder with the LCRB. The HoPE shall approve or disapprove the
said BAC Resolution recommending the award within fifteen (15) calendar days
from the receipt of that Resolution.
38.2 Immediately upon the approval of the BAC Resolution for award and prior to the
expiration of the Bid validity period, the Procuring Entity shall issue a written
Notice of Award (NOA) to the Bidder with the LCRB to be received by the Bidder
personally, by registered mail, or electronically, receipt of which must be
confirmed in writing within two (2) days by the Bidder with the LCRB and
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submitted personally or sent by registered mail or electronically to the Procuring

Entity.
38.3 The NOA shall state the proposed contract price – i.e., whichever is lower of the
submitted bid price or calculated bid price - together with the documentary
requirements to be submitted by the Bidder to perfect the contract.
38.4 Notwithstanding the issuance of the NOA, award of contract shall be subject to
the following conditions:
a. Submission by the bidder with the LCRB of the following documents

within ten (10) from the bidder’s receipt of the NOA, as conditions for
signing the contract:
(1) Notice of Award (NOA) with the bidder’s signed “conforme”(Use

Form DPWH-INFR-41)
(2) Authority of Signing Official/Board Resolution/Secretary’s

Certificate
(3) For a joint venture (JV), Contractor’s PCAB Special JV License and JV
Agreement.
(4) Performance Security in accordance with Section 3.9.2.2 of the

DPWH Procurement Manual Volume II (Use Form DPWH-INFR-43 or
DPWH-INFR-44, as applicable).
(5) Construction Methods(Use Form DPWH-INFR-45)
(6) Construction Schedule in the form of PERT/CPM Diagram or

Precedence Diagram and Bar Chart with S-Curve, or other approved
tools of project scheduling, and Cash Flow (Use Form DPWH-INFR-
46).
(7) PRC License No. and Tax Identification No. (TIN) of Each Key
Personnel.
(8) Manpower Schedule(Use Form DPWH-INFR-47).
(9) Equipment Utilization Schedule(Use Form DPWH-INFR-48).
(10) Construction Safety and Health Program (Use Form DPWH-INFR-

49).
(11) Contractor’s All-Risk Insurance (CARI)

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(12) Latest Income Tax and Business Returns duly stamped and received
by BIR and duly validated with the tax payments made. Tax
Clearance from the BIR to prove full and timely payment of taxes.
(13) For a local contractor, Certification under oath stating that the
Contractor is free and clean of all tax liabilities.
(14) For a foreign bidder, valid PCAB License and Registration for the
type and cost of the contract to be bid, when the Treaty or
International or Executive Agreement expressly allows submission
of the PCAB License and Registration for the type and cost of the
contract to be bid as a pre-condition to the NOA.
b. Signing of the contract as provided in ITB Clause41.
c. Approval of the contractas provided in ITB Clause 41.
38.5 In the event of disapproval by the Head of the Procuring Entity of the BAC
Resolution to award the contract to the Bidder with the LCRB, which shall be based
only on valid, reasonable, and justifiable grounds as provided for under Section 41
of the IRR of RA 9184, the Head of the Procuring Entity shall notify the BAC and the
Bidder in writing of such decision and the grounds therefor. When applicable, the
BAC shall conduct a post-qualification of the Bidder with the next Lowest Calculated
Bid. The Bidder may file a request for reconsideration in accordance with Section
37.1.3 of the IRR of RA 9184.
39. Performance Security

39.1 Within a maximum period of ten (10) calendar days upon receipt of the NOA
from the Procuring Entity, and in no case later than the signing of the contract by
the winning Bidder and the Procuring Entity, the winning Bidder shall furnish to
the Procuring Entity, the required Performance Security in an amount equal to
the percentage of the total contract price in accordance with the following
schedule and with the conditions specified in GCC Clause 7:
Table 39.1 Forms and Amounts of Performance Security

Form Minimum Amount
a. Cash or cashier’s/manager’s check issued by Ten percent (10%) of
a Universal or Commercial Bank Total Contract Price
b.Bank draft/guarantee or irrevocable letter of Ten percent (10%) of
credit issued by a Universal or Commercial Total Contract Price
Bank; provided that it shall be confirmed or
authenticated by a Universal or Commercial
Bankif issued by a foreign bank (Use Form
DPWH-INFR-42)
c.Surety bond callable upon demand issued by a Thirty percent (30%) of
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surety or insurance company duly certified by Total Contract Price

the Insurance Commission as authorized to
issue such security (Use Form DPWH-INFR-43)
39.2 Failure of the winning Bidder to comply with the requirements of ITBClause39.1
shall constitute sufficient grounds for cancellation of the award and forfeiture of
its Bid Security. In this event, the Procuring Entity shall have a fresh period to
initiate and complete the post-qualification of the second Lowest Calculated Bid.
The procedure shall be repeated until the Lowest Calculated and Responsive Bid
is identified and selected for recommendation of contract award. However, if no
Bidder passed post-qualification, the BAC shall declare the bidding a failure and
conduct a re-bidding with re-advertisement.
40. Documents Comprising the Contract

40.1 The Contract shall consist of the following:
a. Contract Agreement (Use Form DPWH-INFR-50)
b. Documents forming part of the Contract Agreement in the following

order of priority:
(1) Notice of Award (NOA) with the Contractor’s signed “conforme”
(2) Contractor’s Bid in the Form of Bid, including its Technical and
FinancialProposals, as calculated by the Procuring Entity and
conformed by the Contractor through the NOA, and all other
documents/statements submitted (e.g., bidder’s response to
request for clarifications on the bid), including corrections to the
bid, if any, resulting from the Procuring Entity’s bid evaluation
(3) Bidding Documents (other than b(4) to b(7) below) with Bulletins
(4) Specifications
(5) Drawings
(6) Special Conditions of Contract (SCC)
(7) General Conditions of Contract (GCC)
(8) Performance Security
c. Other Documents
(1) Construction Methods

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(2) Construction Schedule in the form of PERT/CPM Diagram or

Precedence Diagram and Bar Chart with S-Curve, or other
approved tools of project scheduling, and Cash Flow
(3) PRC License No. and TIN of Each Key Personnel.
(4) Manpower Schedule
(5) Equipment Utilization Schedule
(6) Construction Safety and Health Program initially approved by the

HoPE
(7) Contractor’s All Risk Insurance (CARI)
40.2 The documents in ITB Clauses40.1a and b(2) to b(7) shall be provided by the
Procuring Entity, while the documents in Clauses40.1b(1), b(8), and c(1) to c(7)
shall be submitted by the winning bidder to the Procuring Entity within ten (10)
calendar days from the date of its receipt of the Notice of Award.
41. Signing and Approval of the Contract

41.1 Within ten (10) days from the date of receipt from the winning Bidder of the
documents mentioned in ITB Clause 40.1b(1), b(8), and c(1) to c(7), the
successful Bidder and the authorized official of the Procuring Entity shall sign
the Contract Agreement.
41.2 If further approval of the contract is required, the approving authority is given a
maximum of twenty (20) calendar days from receipt thereof to approve or
disapprove it.
41.3 Upon approval of the Contract, the Procuring Entity shall notify the other Bidders
that their bids were unsuccessful.
42. Notice to Proceed

42.1 Within seven (7) calendar days from the date of signing and, if required, further
approval of the contract, by the appropriate government approving authorities,
the Procuring Entity shall issue the Notice to Proceed (NTP), using Form DPWH-
INFR-51, together with a copy or copies of the approved contract, to the
successful bidder All notices, including the NTP, called for by the terms of the
contract shall be effective only at the time of receipt thereof by the successful
bidder(IRR Section 37.4).
42.2 The contract effectivity date shall be the date of contract signing. The Bidder
shall commence performance of its obligations only upon receipt of the Notice to
Proceed.
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43. Protest Mechanism
Decision of the procuring entity at any stage of the procurement process may be
questioned in accordance with Sections 55 of the IRR of RA 9184.
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ANNEX II-1.1E
Section V. Bid Data Sheet
Notes on the Bid Data Sheet

The Bid Data Sheet (BDS) complements the Instructions to Bidders (ITB) and must be prepared
for each particular contract to be procured. The BDS provides the information specific to the
Contract.
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STANDARD FORMAT
BID DATA SHEET
ITB Clause
1.1 The Procuring Entity is Bulacan 1st DEO Tikay, City of Malolos, Bulacan.
The scope of the Works under this Contract is Construction of two storey
multi-purpose building (2)(6m x 6m)
The Contract Name is Construction of multi-purpose building (health center)

brgy. Pinagbakahan, Malolos, Bulacan.
The Procurement/Contract ID is 19CC0146

2. The Approved Budget for the Contract is P1,979,909.07
The Funding Source is the Government of the Philippines through FY 2019

NEP.
The name of the Project is Construction of multi-purpose building (health

center) brgy. Pinagbakahan, Malolos, Bulacan.
0 Bidding is restricted to eligible bidders as defined in ITB Clause 5.1.
8.1 N/A
8.3 N/A
9.1 The Procuring Entity will hold a Pre-Bid Conference for this Project on
February 22, 2019 at 10:00 A.M. at the Conference Room DPWH – Bulacan
1st DEO Tikay, City of Malolos, Bulacan
9.4 Electronic Bidding will not be adopted in this procurement.
11.1 The Procuring Entity’s address is:
DPWH Bulacan 1st DEO Tikay, City of Malolos, Bulacan

RAFAELITO M. MARCELO – BAC Chairman
Telephone No. (044) 794-2245
Error! No further instructions.

Reference
source not
found.
61
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14.2a(2)(a)i No further instructions.
14.2a(4)(b) The minimum work experience requirements for the key personnel are the
following:
Minimum Years Minimum Years

of Similar Experience of Similar and
Key Personnel (Same Position) Related Experience
Project Manager [2 years] [1 year]

Project Engineer [2 years] [1 year]
Materials Engineer [1 year] [1 year]
Foreman [1 year] [1 year]
Others [Specify] [Insert years] [Insert years]
14.2 a(4)(c) The minimum major equipment requirements are the following:
Construction Required No. Minimum

Equipment__ of Units Capacity/Unit
Plate Compactor ____ ___1_______ ________ ____
Welding Machine _____ ___1_______ ____________
Bar Bender _____ ___1_______ ____________
Cutting Outfit _____ ___1_______ ____________
Bar Cutter _____ ___1_______ ____________
One Bagger Mixer _____ ___1_______ ____________
Laboratory Required No. Minimum

Equipment _________of Units Capacity/Unit
As required in D.O. No. 11 series of 2017 dated January24, 2017
14.3a “No further instructions.”
14.3 b
17.1 Bids shall be valid until [not later than one hundred twenty (120) days from
the date set for bids opening].
Error! The bid security hall be limited to a Bid Securing Declaration or one of the
Reference following forms in accordance with the following amounts:
source not
found. 1. The amount of P39,598.18, if bid security is in cash, cashier’s/manager’s
check, bank draft/guarantee or irrevocable letter of credit;
2. The amount of P98,995.45, if bid security is in Surety Bond.
62
Page 63 of 129
18.3 The Bid Security shall be valid until [ not later than one hundred twenty (120)
days from the date set for Bid opening]
19.1 There is no provision for a value engineering change proposal.
20.4 The Bidder shall submit [one] original and [two] copies of the first (Technical)
and second (Financial) components of its bid.
21.4 d The specific identification of this bidding process is 19CC0146 – Construction

of multi-purpose building (health center) brgy. Pinagbakahan, Malolos,
Bulacan.
22 The address for receipt of Bids is [DPWH Bulacan 1st DEO Tikay, City of
Malolos, Bulacan].
The deadline for receipt of Bids is [10 A.M. of March 5, 2019].
25 Electronic Bidding will not be adopted for the Receipt of Bids in this
procurement.
27.1 The place of opening of Bids is [DPWH Bulacan 1st DEO Tikay, City of Malolos,
Bulacan].
The date and time of opening of Bids are [right after the approval of the result
of eligibility processing].
29 Electronic Bidding will not be adopted for Bids Opening and Preliminary
Examination in this procurement.
34 b(2) List licenses and permits relevant to the Project and the corresponding laws
requiring it.
35 Electronic Bidding will not be adopted for Post-Qualification in this

procurement.
63
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ANNEX II-1.1F
Section VI. General Conditions of Contract
Notes on the General Conditions of Contract (GCC)
The GCC provides the general terms and conditions of the contract between the Procuring
Entity and the winning bidder.
The provisions of the GCC are to be used unchanged as part of the contract-specific BDs.
To supplement the GCC, the Special Conditions of Contract (SCC) in ANNEX II-1.1Gprovide
detailed information or requirements on particular provisions of the GCC that are specific to the
contract at hand.
64
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STANDARD FORMAT
GENERAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS
1. Definitions …………………………………………………………………………… 66
2. Interpretation ………………………………………………………………………… 68
3. Governing Language and Law ……………………………………………………… 70
4. Communications …………………………………………………………………….. 70
5. Procuring Entity’s Obligation to Deliver the Site, Materials, Equipment,and Plans .. 70
6. Contractor’s Obligations …………………………………………………………… 70
7. Performance Security ……………………………………………………………….. 71
8. Sub-Contracting……………………………………………………………………..
72
9. Liquidated Damages ………………………………………………………………… 73
10. Site Investigation Reports …………………………………………………………… 74
11. Licenses and Permits ………………………………………………………………… 74
12. Contractor’s Risk and Warranty Security …………………………………………… 74
13. Liability of the Contractor …………………………………………………………… 76
14. Procuring Entity’s Risk…………………………………..…………………………… 76
15. Insurance …………………………………………………………………………….... 76
16. Termination for Default of Contractor …………………………................................... 78
17. Termination for Default of Procuring Entity ………………………………………… 80
18. Termination for Convenience ………………………………………………………… 80
19. Procedure for Termination of Contracts ……….……………………………………. 81
20. Force Majeure and Release from Performance …………………................................ 83
21. Payment on Termination …………..………………………………………………… 84
22. Resolution of Disputes ………………………………………………………………. 84
23. Suspension of Loan, Credit, Grant, or Appropriation ……………………………….. 85
24. Procuring Entity’s Representative’s Decisions ……………………………………… 85
25. Approval of Drawings and Temporary Works by Procuring Entity’s Representative.. 85
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26. Acceleration Ordered by Procuring Entity’s Representative ………………………. 85

27. Extension of Intended Completion Date ……………………………………………. 86
28. Contractor’s Right to Claim …………………………………………………........... 86
29. Dayworks ………………………………………………………............................... 86
30. Early Warning ……………………………………………………………………… 86
31. Program of Work …………………………………………………………………… 87
32. Management Conferences ………………………………………………………….. 87
33. Bill of Quantities ……………………………………………………………………. 88
34. Instructions, Inspections and Audits ……………………………………………….. 88
35. Identification of Defects …………………………………………………………….. 88
36. Cost of Repairs ……………………………………………………………………… 89
37. Correction of Defects …………………………………………….............................. 89
38. Uncorrected Defects ………………………………………………………………… 89
39. Advance Payment …………………………………………………………………… 89
40. Monthly Statements or Progress Billings …………………………………………… 90
41. Monthly Certificates and Progress Payments ………………………………………. 90
42. Retention …………………………………………………………………………….. 91
43. Variation Orders ………………………………………………….............................. 92
44. PunchList…………………………………………………………………………….. 94
45. Suspension of Work …………………………………………………………………. 94
46. Extension of Contract Time …………………………………………………………. 96
47. Price Adjustment …………………………………………………………………….. 97
48. Certificates of Completion and Acceptance …………………………………………. 97
49. Taking Over …………………………………………………………………………. 98
50. “As-Built” Drawings and Operating and Maintenance Manuals……………………. 99
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GENERAL CONDITIONS OF CONTRACT

1. Definitions
1.1 Arbiter is the person appointed jointly by the Procuring Entity and the
Contractor to resolve disputes in the first instance.
1.2 As-Built Drawings refer to the engineering plans for the structure as actually
constructed and completed under this Contract, considering all variations and
modifications as approved and executed.
1.3 Bill of Quantities refers to a list of the specific pay items of the Works under this
Contract, particularly their identification numbers, descriptions, units of
measurement, and quantities, together with their corresponding unit and total
bid prices.
1.4 Certificate of Completion is the document issued by the Procuring Entity,

certifying that the Works have been completed, including correction of all
Defects, as of the end of the Contract Time with approved time extensions, in
accordance with the provisions of this Contract.
1.5 Certificate of Acceptance is the document issued by the Procuring Entity,

certifying that the Works have been completed, including correction of all
Defects, as of the end of the Defects Liability Period, in accordance with the
provisions of this Contract, and that, therefore, the completed Works are
accepted by the Procuring Entity.
1.5 Contract is the legal agreement between the Procuring Entity and the Contractor
to execute, complete, and maintain the Works. It consists of the documents
listed in GCC Clause 2.2.
1.6 Contract Price is the price stated in the Notice of Award and thereafter to be
paid by the Procuring Entityto the Contractor for the execution of the Works in
accordance with this Contract.
1.7 Contract Time is the allowable period or duration within which the Contract
Works must be completed, i.e., from the Start Date to the Intended Completion
Date as specified in the SCC.
1.8 Contractor is the juridical entity whose bid has been accepted by the Procuring
Entityand to whom this Contract to execute the Work was awarded, entered
into, and approved.
1.9 Contractor’s Bid is the signed offer or proposal submitted by the Contractor to
the Procuring Entityin response to the Bidding Documents.
1.10 Days are calendar days.

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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 Defect is any part of the Works not constructed in accordance with this Contract.
1.13 Defects Liability Certificate is the certificate issued by Procuring Entity’s

Representative upon correction of defects by the Contractor.
1.16 Defects Liability Period is the one-year period after the issuance of the
Certificate of Completion during which the Contractor assumes the responsibility
to undertake the repair of any defect in or damage to the Works at his own
expense as a condition for the issuance of the Certificate of Acceptance.
1.17 Drawings are graphical presentations of the Works. They include all engineering
plans, supplementary details, shop drawings, calculations, and other information
provided or approved for the execution of this Contract.
1.18 Equipment refers to all machines, tools, facilities, supplies, appliances, and
related items required for the execution and completion of the Works provided
by the Contractor and which shall not form or are not intended to form part of
the Permanent Works.
1.19 Intended Completion Date refers to the date specified in the SCCwhen the
Contractor is expected to have completed the Works. It shall be reckoned from
the Start Date. The Intended Completion Date may be revised only by the
Procuring Entity’s Representative by issuing an extension of Contract Time or an
acceleration order.
1.20 Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
1.21 Notice to Proceed is a written notice issued by the Procuring the Procuring
Entity’s Representative to the Contractor requiring the latter to begin the Works
not later than the date specified in this Notice.
1.21 Permanent Works refer to 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.
1.22 PERT/CPM is the acronym for Program Evaluation Review Technique/Critical

Path Method and is a technique for planning, scheduling, and controlling a
project, involving a network of interrelated activities with their start and finish
times. The critical path is the longest time path through the network of
activities.
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1.23 Plant refers to the machinery, apparatus, and the like intended to form an
integral part of the Permanent Works.
1.24 Procuring Entity is the party that engages the Contractor to carry out the Works
stated in the SCC.
1.25 Procuring Entity’s Representative refers to the HoPE or his duly authorized
representative, identified in the SCC, who shall be responsible for supervising the
execution of the Works and administering this Contract.
1.26 Site is the right-of-way or 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.
1.27 Site Investigation Reports are factual and interpretative reports about the
surface and subsurface conditions at the Site, which are provided by the
Procuring Entity in the Bidding Documents.
1.28 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 Works by the Contractor as established from the
work schedule. This is actually described as a percentage of the whole Works.
1.29 Specifications mean the description of the Works to be done, qualities of

materials to be used, equipment to be installed, construction methods,
workmanship, and finished product required under this Contract.
1.30 Start Date, as specified in the SCC, is the date when the Contractor is obliged to
commence execution of the Works. It is the date of the Contractor’s receipt of
the Notice to Proceed.
1.31 Sub-Contractor is any person or organization to whom a part of the Works has
been subcontracted by the Contractor for execution, as allowed by the Procuring
Entity, but not any assignee of such person.
1.32 Temporary Works are works designed, constructed, installed, and removed by
the Contractor that are needed for the construction or installation of the
Permanent Works.
1.33 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.
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2. Interpretation
2.1 In interpreting the Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity’s Representative will
provide instructions clarifying queries about the Conditions of Contract.
2.2 If sectional completion is specified in the SCC, references in the Conditions of

Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date
and Intended Completion Date for the whole of the Works).
2.3 The documents forming this Contract shall be interpreted in the following order
of priority:
a. Contract Agreement
b. Documents forming part of the Contract Agreement:
(1) Notice of Award (NOA) with the Contractor’s signed “conforme”
(2) Contractor’s Bid in the Form of Bid, including its Technical and
Financial Proposals, as calculated by the Procuring Entity and
conformed to by the Contractor through the NOA
(3) Instructions to Bidders (ITB) and Bid Data Sheet (BDS)
(4) Supplemental/Bid Bulletins for Bidding Documents
(5) Special Conditions of Contract (SCC)
(6) General Conditions of Contract (GCC)
(7) Specifications
(8) Drawings
(9) Performance Security
(10) Other Documents
(a) Construction Methods
(b) Construction Schedule in the form of PERT/CPM Diagram or

Precedence Diagram and Bar Chart with S-Curve, or other
approved tools of project scheduling, and Cash Flow.
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(c) Manpower Schedule
(d) Equipment Utilization Schedule
(e) Construction Safety and Health Program initially approved by

the HoPE
(f) Contractor’s All Risk Insurance (CARI)
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 these Conditions of Contract
shall be effective only when in writing. A notice shall be effective only when it is
received by the concerned party.
5. Procuring Entity’s Obligation to Deliver the Site, Materials, Equipment, and

Plans and to Obtain the Environmental Compliance Certificate (ECC)
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 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 46.
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 its own cost any additional facilities outside the Site required by it for
purposes of the Works.
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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.
5.5 The Procuring entity shall be responsible for obtaining the appropriate
Environmental Compliance Certificate (ECC)for the Project.
6. 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
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 approved PERT/CPM network
diagram submitted by the Contractor, as updated with the approval of the
Procuring Entity’s Representative, and shall complete the Works 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 in the SCC, to carry out the supervision of the Works. The Procuring
Entity will approve any proposed replacement of key personnel only if their
relevant qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.
6.6 If the Procuring Entity’s Representative asks the Contractor to remove a member
of the Contractor’s staff or work force, for justifiable cause, the Contractor shall
ensure that the person leaves the Site within seven (7) days and has no further
connection with the Work in this Contract.
6.7 During Contract implementation, the Contractor and its 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 during the dates given in the
schedule of other contractors particularly when they shall require access to the
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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 The Contractor shall submit its Performance Security to the Procuring Entity not
later than the date specified in the Notice of Award and shall be issued in any of
the following forms and corresponding amounts in ITB Clause 34.
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, provided that the Performance Security is
replaced by a Warranty Security against structural defects and/or failure as
provided in GCC Clause 12:
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 34 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
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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 sub-contractors 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. Sub-Contracting
8.1 Unless otherwise provided in the SCC, sub-contracting of the Works shall be
subject to the provisions of DPWH Department Order (DO) No. 38, series of 2015
as provided below.
8.2 All sub-contracts shall be subject to prior approval of the appropriate official of
the Procuring Entity within the limits of his delegated authority.
8.3 The Contractor may sub-contract portions of the works to such an extent as may
be approved by the Procuring Entity and stated in the SCC, provided that the
Contractor shall directly undertake, using its own resources, not less than fifty
percent (50%) of the contract works in terms of cost.
8.4. Each sub-contractor must comply with the eligibility criteria as specified in the
Eligibility Requirements (ER) for the portion of the contract works to be sub-
contracted to that sub-contractor- e.g., applicable license from the Philippine
Constructors Accreditation Board, satisfactory completion of works similar to
the portion of the contract to be subcontracted and costing at least fifty percent
(50%) of the cost of such portion, and sufficient Net Financial Contracting
Capacity, as well as minimum equipment and manpower. This requirement
does not apply to labor pakyaw contracts.
8.5 The bidder/main contractor may identify the sub-contractors to whom portions
of the contract works will be sub-contracted at any stage of the bidding process
or during contract implementation, provided that any sub-contracting requires
prior approval of the Procuring Entity. Sub-contractors identified during the
bidding may be changed during the implementation of the contract, subject to
compliance with the eligibility requirements and the approval of the Procuring
Entity.
8.6 Sub-contracting of any portion of the contract shall not relieve the main
contractor from any liability or obligation that may arise from the contract. The
main contractor shall be responsible for the acts, defaults, and negligence of
any subcontractor, its agents or workmen.
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8.7 For any assignment and sub-contracting of the contract or any part thereof
without prior written approval by the concerned Head of the DPWH Procuring
Entity, the DPWH shall impose on the erring contractor, after the termination of
the contract, the penalty of suspension for one (1) year for the first offense, and
suspension of two (2) years for the second offense from participating in the
public bidding process, pursuant to the provision of Appendix 11 Section 4.2 of
the IRR of RA 9184, in accordance with Section 69(6) 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.
9. Liquidated Damages
9.1 The Contractor shall pay liquidated damages to the Procuring Entity for each day
that the Completion Date is later than the Intended Completion Date. The
applicable liquidated damages is at least one-tenth (1/10) of a percent of the
cost of the unperformed portion for every day of delay. The total amount of
liquidated damages shall not exceed ten percent (10%) of the amount of the
contract. The Procuring Entity may deduct liquidated damages from payments
due to the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities. Once the cumulative amount of liquidated damages
reaches ten percent (10%) of the amount of this Contract, the Procuring
Entitymay rescind or terminate this Contract, without prejudice to other courses
of action and remedies open to it.
9.2 If the Intended Completion Date is extended after liquidated damages have been
paid, the Engineer of the Procuring Entity shall correct any overpayment of
liquidated damages by the Contractor by adjusting the next payment certificate.
10. Site Investigation Reports

The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports referred
to in the SCCsupplemented by any information obtained by the Contractor.
11. Licenses and Permits

The Procuring Entity shall, if requested by the Contractor, assist it in applying for
permits, licenses or approvals, which are required for the Works. These shall include
assistance to the contractor in securing necessary quarry permits, construction permits,
access to sites, among others, from the Local Government Units concerned.
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
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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 start the repair works, at his own expense, of any
damage to the Works on account of the use of materials of inferior quality, and
shall complete the repair works within ninety (90) days from the time the
HoPEhas issued an order to undertake repair. In case of failure or refusal to
comply with this mandate, the Procuring Entityshall 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 properties 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 following 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 –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;
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d. Third Parties- 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 - 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:
Table 12.1 Forms and Amounts of Amounts of Warranty Security

Form Minimum Amount
a. Cash or letter of credit (LC) issued by a Universal
or Commercial Bank, provided that the LC shall Five Percent (5%) of
be confirmed by a Universal or Commercial Total Contract Price
Bank, if issued by a foreign bank.
b. Bank guarantee confirmed by a Universal or Ten Percent (10%) of
Commercial Bank. Total Contract Price
c. Surety bond callable on demand issued by the
GSIS or a surety or insurance company Thirty Percent (30%)
accredited by the Insurance Commission as of Total Contract Price
authorized to issue such security.
12.7 The warranty security shall be stated in Philippine Pesos and shall remain
effective for one year from the date of issuance of the Certificate of Final
Acceptance by the Procuring Entity, and returned only after the lapse of said one
year period.
12.8 In case of structural defects/failure occurring during the applicable warranty

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

From the Start Date until the Certificate of Acceptance is 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:
(1) any type of use or occupation of the Site authorized by the Procuring
Entity after the official acceptance of the works; or
(2) 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 Philippines.
15. Insurance
15.1 The Contractor shall, under his name and at his own expense, obtain and
maintain, for the duration of this Contract, the following insurance coverage:
a. Contractor’s All Risk Insurance;
b. Transportation to the project Site of Equipment, Machinery, and Supplies

owned by the Contractor;
c. Personal injury or death of Contractor’s employees; and
d. Comprehensive insurance for third party liability to Contractor’s direct or

indirect act or omission causing damage to third persons.
15.2 The CARI shall cover the value of the completed portions of the Works. It shall
not, however, cover any damage to the Works whose value is not more than ten
percent (10%) of the Total Contract Cost, as this is to be absorbed by the
Contractor. The CARI shall, therefore, start with nil at the beginning of Contract
execution. It shall then be increased over time as the Works progresses so that at
any time it covers the value of the portions of the Works actually completed.
15.3 The Contractor shall provide evidence to the Procuring Entity’s Representative
that the insurance required under this Contract has been effected and shall,
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within a reasonable time, provide a copy of the insurance policy to the Procuring
Entity’s Representative.
15.4 The Contractor shall notify the insurer of changes in the nature, extent, or
program for the execution of the Works and ensure the adequacy of the
insurance at all times in accordance with the terms of this Contract and shall
produce to the Procuring Entity’s Representative the insurance policy in force
including the receipts for payment of the current premiums.
15.5 If the Contractor fails to obtain and keep in force the insurance which it is
required to obtain under the terms of this Contract, the Procuring Entity may
obtain and keep in force any such insurance 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.
15.6 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 41 until the
Contractor complies with this Clause.
15.7 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:
(1) become bankrupt;
(2) been placed under receivership or under a management

committee;
(3) been sued for suspension of payment; or
(4) been suspended by the Insurance Commission and its license to

engage in business or its authority to issue insurance policies
cancelled; or
b. Reasonable grounds exist that the insurer may not be able, fully and
promptly, to fulfill its obligation under the insurance policy.
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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:
a. Due to the Contractor’s fault and while the Works are on-going, it has
incurred a negative slippage of fifteen percent (15%) or more in
accordance with Presidential Decree 1870; or
b. Due to the Contractor’s fault and after the Contract time has expired, it
has incurred a negative slippage of ten percent (10%) or more in the
completion of the Works; or
c. The Contractor:
(1) abandons the Contract Works, refuses or fails to comply with a valid
instruction of the Procuring Entityor fails to proceed expeditiously
and without delay despite a written notice by the Procuring Entity;
(2) after receiving a Notice from the Procuring Entity’s Representative

that failure to correct a particular Defect is a fundamental breach of
Contract, fails to correct the Defect within a reasonable period of
time determined by the Procuring Entity’s Representative;
(3) does not actually have on the Site the minimum essential equipment
listed in the Bid necessary to prosecute the Works in accordance with
the approved PERT/CPM network diagram and equipment utilization
schedule as required under the Contract;
(4) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations under
this Contract;
(5) neglects or refuses to remove materials or to perform a new work

that has been rejected as defective or unsuitable; or
(6) sub-contracts any part of this Contract without approval by the

Procuring Entity.
d. The Contractor causes a fundamental breach of this

Contract.Fundamental breaches of Contract shall include, but shall not be
limited to, the following:
(1) 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.
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(2) 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 Work.
(3) 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.
(4) The Contractor does not maintain a Security, which is required.
(5) 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.
(6) 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:
(a) corrupt, fraudulent, collusive, coercive, and obstructive

practices as defined in ITB Clause 3.10, unless otherwise
specified in the SCC;
(b) drawing up or using forged documents;
(c) using adulterated materials, means or methods, or

engaging in production contrary to rules of science or the
trade; and
(d) any other act analogous to the foregoing
The Procuring Entityor the Funding Source 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.
16.2 When persons from the Procuring Entitygives 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 16.1-e, the
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Procuring Entity’s Representative shall decide whether the breach is

fundamental or not.
16.3 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.
16.4 All materials on the Site, Plant, and Works, including Equipment purchased and
funded under the Contract shall be deemed to be the property of the Procuring
Entity if this Contract is terminated because of the Contractor’s default.
17. Termination for Default of Procuring Entity

17.1 The Contractor may terminate this Contract with the Procuring Entity when any
of the following conditions attend its implementation:
a. If the works are completely stopped for a continuous period of at least

sixty (60) calendar days through no fault of the Contractor, due to any of
the following reasons:
(1) 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
(2) The prosecution of the Work is disrupted by adverse peace and

order situation, as certified by the Armed Forces of the Philippines
Provincial Commander and approved by the Secretary of National
Defense.
b. The Procuring Entitycauses a fundamental breach of this

Contract.Fundamental breaches of Contract shall include, but shall not be
limited to, the following:
(1) 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.
(2) 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.
17.2 When persons from the Contractor 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 17.1-b, the Procuring Entity’s
Representative shall decide whether the breach is fundamental or not.
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18. Termination for Convenience

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 convenience of the
Procuring Entity if he has determined the existence of conditions that make Project
Implementation economically, financially or technically impractical and/or unnecessary,
such as, but not limited to, fortuitous event(s) or changes in law and National
Government policies.
19. Procedure for Termination of Contracts
19.1 The following provisions shall govern the procedures for the termination of this
Contract:
a. Verification. Upon receipt of a written report of acts or causes which

may constitute grounds for termination as aforementioned, or upon its
own initiative, the Procuring Entity’s Representative 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. Notice of Termination. Upon recommendation by the Procuring Entity’s

Representative, the HoPEshall terminate this Contract only by a written
Notice of Termination to the Contractor. The Notice shall state:
(1) that this Contract is being terminated for any of the grounds
aforementioned, and a statement of the acts that constitute the
ground(s).
(2) the extent of termination, whether in whole or in part;
(3) an instruction to the Contractor to show cause as to why this

Contract should not be terminated; and
(4) special instructions of the Procuring Entity, if any.
The Notice of Termination shall be accompanied by a copy of the Verified

Report.
c. Show Cause. Within a period of seven (7) calendar days from receipt of
the Notice of Termination, the Contractor shall submit to the HoPEa
verified position paper showing cause as to why the Contract should not
be terminated. If the Contractor fails to do so, the HoPEshall issue a
written Notice of Decision confirming the Notice of Termination of the
Contract.
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d. Withdrawal of Notice of Termination. The Procuring Entity may, at

anytime before receipt of the Contractor’s verified position paper,
withdraw the Notice of Termination 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. Notice of Decision. Within a non-extendible period of ten (10) calendar

days from receipt of the verified position paper, the HoPEshall serve the
Contractor his written Notice of Decision to confirm or withdraw the
Notice of Termination. If the Notice of Decision is to confirm the Notice of
Termination, then this Contract is deemed terminated from receipt by
the Contractor of the said Notice of Decision. The termination shall be
based only on the grounds stated in the Notice of Termination.
f. Review Committee. The HoPEmay 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 his approval.
19.2 Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition of
additional administrative sanctions as the internal rules of the agency may
provide and/or further criminal prosecution as provided by applicable laws, the
Procuring Entity shall impose on contractors after the termination of the
contract the penalty of suspension for one (1) year for the first offense,
suspension for two (2) years for the second offense from participating in the
public bidding process, for violations committed during the contract
implementation stage, which include but not limited to the following:
a. Failure of the contractor, due solely to his fault or negligence, to mobilize

and start work or performance within the specified period in the Notice
to Proceed (“NTP”);
b. Failure by the contractor to fully and faithfully comply with its contractual
obligations without valid cause, or failure by the contractor to comply
with any written lawful instruction of the Procuring Entity or its
representative(s) pursuant to the implementation of the contract. For
the procurement of infrastructure projects or consultancy contracts,
lawful instructions include but are not limited to the following:
i. Employment of competent technical personnel, competent

engineers and/or work supervisors;
ii. Provision of warning signs and barricades in accordance with

approved plans and specifications and contract provisions;
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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
ii. 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:
(1) Negative slippage of 15% and above within the critical path of the
project due entirely to the fault or negligence of the contractor;
and
(2) 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.
In addition to the penalty of suspension, the Performance Security posted by the

contractor shall also be forfeited.
20. Force Majeure and 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.
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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 portions of the
Works carried out before receiving it and for any part of the Works 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 give
the other a Notice of Termination, which shall take effect twenty eight (28) days
after the receipt 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 date of the Notice of Termination.
21. Payment on Termination
21.1 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 value of the work not
completed. 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.
21.2 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 Contractor’s equipment, and the
Contractor’s costs of protecting and securing the Works, less advance payments
received up to the date of the certificate.
21.3 The net balance due shall be paid or repaid within twenty eight (28) days from
the notice of termination.
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21.4 If the Contractor has terminated the Contract under GCC Clause 17 or 18, the
Procuring Entity shall promptly return the Performance Security to the
Contractor.
22. Resolution of Disputes

22.1 If any dispute or difference of any kind whatsoever shall arise between the
parties in connection with the implementation of the contract covered by RA
9184 and its IRR, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.
22.2 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.
22.3 Any and all disputes arising from the implementation of this Contract covered by
the RA 9184 and its IRR shall be submitted to arbitration in the Philippines
according to the provisions of RA 876, otherwise known as the “Arbitration Law”
and RA 9285, otherwise known as the “Alternative Dispute Resolution Act of
2004. However, 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 RA 9184 and its IRR. By mutual
agreement, however, the parties may agree in writing to resort to other
alternative modes of dispute resolution.
23. 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
44.
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24. Procuring Entity’s Representative’s Decisions

24.1 Except where otherwise specifically stated, the Procuring Entity’s Representative
shall decide contractual matters between the Procuring Entityand the Contractor
in the role representing the Procuring Entity.
24.2 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.
25. Approval of Drawings and Temporary Works by Procuring Entity’s

Representative
25.1 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 their use.
25.2 The Contractor shall be responsible for the design of Temporary Works.
25.3 The Procuring Entity’s Representative’s approval shall not alter the Contractor’s
responsibility for the design of the Temporary Works.
25.4 The Contractor shall obtain approval by third parties of the design of the
Temporary Works, when required by the Procuring Entity.
26. Acceleration Ordered by Procuring Entity’s Representative

26.1 When the Procuring Entity wants the Contractor to finish the Works before the
Intended Completion Date, the Procuring Entity’s Representative shall obtain a
priced proposal 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.
26.2 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.
27. Extension of Intended Completion Date

27.1 The Procuring Entity’s Representative shall extend the Intended Completion
Date if a Variation Order 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.
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27.2 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 an 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.
28. Contractor’s Right to Claim

If the Contractor incurs a 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 Order.
29. Dayworks
29.1 Subject to GCC Clause 44 on Variation Orders, and if applicable as indicated in
the SCC, the Dayworks rates in the Contractor’s Bid shall be used for small
additional amounts of work only when the Procuring Entity’s Representative has
given written instructions in advance for additional work to be paid for in that
way.
29.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms
approved by the Procuring Entity’s Representative. Each completed form shall
be verified and signed by the Procuring Entity’s Representative within two days
of the work being done.
29.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks
forms.
30. Early Warning

30.1 The Contractor shall warn the Procuring Entity’s Representative at the earliest
opportunity of specific likely future events or circumstances that may adversely
affect the quality of the Work, increase the Contract Price, or delay the
execution of the Works. The Procuring Entity’s Representative may require the
Contractor to provide an estimate of the expected effect of the future event or
circumstance on the Contract Price and Completion Date. The estimate shall be
provided by the Contractor as soon as reasonably possible.
30.2 The Contractor shall cooperate with the Procuring Entity’s Representative in
making and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the Work and in
carrying out any resulting instruction of the Procuring Entity’s Representative.
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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,
including a PERT/CPM network diagram.
31.2 An update of the Program of Work shall the show the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the
remaining work, including any changes to the sequence of the activities.
31.3 The Contractor shall submit to the Procuring Entity’s Representative for approval
an updated Program of Work at intervals no longer than the period stated in the
SCC. If the Contractor does not submit an updated Program of Work within this
period, the Procuring Entity’s Representative may withhold the amount stated in
the SCC from the next payment certificate and continue to withhold this amount
until the next payment after the date on which the overdue Program of Work
has been submitted.
31.4 The Procuring Entity’s Representative’s approval of the Program of Work shall
not alter the Contractor’s obligations. The Contractor may revise the Program of
Work and submit it to the Procuring Entity’s Representative again at any time. A
revised Program of Work shall show the effect of any approved Variations.
31.5 When the Program of Work is updated, the Contractor shall provide the
Procuring Entity’s Representative with an updated cash flow forecast. The cash
flow forecast shall include different currencies, as defined in the Contract,
converted as necessary using the Contract exchange rates.
31.6 All Variations shall be included in updated Program of Work produced by the
Contractor.
32. Management Conferences

32.1 Either the Procuring Entity’s Representative or the Contractor may require the
other to attend a Management Conference. The Management Conference shall
review the plans for remaining work and deal with matters raised in accordance
with the early warning procedure.
32.2 The Procuring Entity’s Representative shall prepare the minutes of Management
Conferences and provide copies of the minutes to those attending the
Conference. 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.
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33. Bill of Quantities

33.1 The Bill of Quantities(BOQ), shown in ANNEX II-1.1Jof these Bidding
Documents, shall contain the items of work for the construction, installation,
testing, and commissioning of the Works to be done by the Contractor.
33.2 The BOQ is used to calculate the Contract Price. The Contractor shall be paid for
the actual quantity of each pay item, certified by the Procuring Entity’s
Representative as accomplished, at the unit price in the Bill of Quantities for that
item.
33.3 If the final quantity of any pay item accomplished differs from the original
quantity in the BOQfor that item and is not more than twenty five percent (25%)
of that original quantity, provided the aggregate changes for all work 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 a detailed cost breakdown of any
unit price or rate in the BOQ.
34. Instructions, Inspections and Audits

34.1 The Procuring Entity’s personnel shall at all reasonable times during construction
of the Works 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 Specifications 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 SCCto inspect the
accounts and records of the Contractor relating to its performance and to have
them audited by auditors approved by the Funding Source, if so required by the
Funding Source.
35. Identification of 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 uncover Defects and test any work that the Procuring Entity’s
Representative considers below standard and defective.
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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 Period shall be remedied by the
Contractor at the Contractor’s expense if the loss or damage arises from the
Contractor’s acts or omissions.
37. Correction of Defects

37.1 The Procuring Entity’s Representative shall give notice to the Contractor of any
defects before the end of the Defects Liability Period, which is one (1) day from
the Completion Date up to the date of issuance of the Certificate of Acceptance
by the Procuring Entity.
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 it notices itself before the end of
the Defects Liability Period.
37.4 The Procuring Entity’s Representative shall certify that all Defects have been
corrected. If the Procuring Entity’s Representative 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’s
Representative accepts the quotation, the corresponding change shall be
covered by a Variation Order.
38. Uncorrected Defects

38.1 The Procuring Entity shall give the Contractor at least fourteen (14) days notice
of its intention to use a third party to correct a Defect. If the Contractor itself
does not correct the Defect within that 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 shall in no way relieve the Contractor of its liabilities and warranties
under the Contract.
39. Advance Payment

39.1 The Procuring Entity shall, upon a written request of the Contractor which shall
be submitted as a Contract document, make an Advance Payment to the
Contractor in an amount not to exceed fifteen percent (15%) of the total
Contract Price, to be made in lump sum or, at most, two installments according
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to a schedule specified in the SCC.The advance payment, if requested in two

installments, shall be subject to the following prerequisites:
a. The first installment shall require the written request of the Contractor
and submission of the instrument prescribed in GCC Clause 39.2.
b. The second installment shall require a certification of the Project

Engineer of the Procuring Entity that the Contractor has mobilized major
equipment according to the approved Equipment Utilization Schedule.
39.2 The Advance Payment shall be made only upon the submission by the Contractor
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 deducting, from
periodic progress payments to be made to the Contractor, a percentage equal to
the percentage of the total Contract Price used for the Advance Payment.
39.4 The Contractor may reduce its standby letter of credit or guarantee instrument
by the amounts refunded by the Monthly Certificates in the advance payment.
40. Monthly Statements or Progress Billings

40.1 The Contractor shall submit to the Procuring Entity’s Representative, after the
end of each month, a Statement of Work Accomplished (SWA) or Progress
Billing, showing the amounts which the Contractor consider itself to be entitled
up to the end of the month, to cover:
a. the cumulative value of the Works it executed to date, based on the

items in the Bill of Quantities; and
b. adjustments made for approved Variation Orders executed.
40.2 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.
41. Monthly Certificates and Progress Payments

41.1 The Procuring Entity’s Representative shall check the Contractor’s monthly SWA
and certify the amount to be paid to the Contractor.
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:

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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.
41.5 The Procuring Entity’s Representative shall deduct the following from the
certified gross amounts to be paid, resulting in the net amount payable 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 under the
present certificate.
c. Retention money in accordance with GCC Clause 42.
d. Amount to cover approved third party liabilities.
e. Amount to cover uncorrected Defects in the Works.
f. Value of any work item presently certified but already paid for under an
earlier certification.
41.6 The Procuring Entity shall pay the Contractor the said net 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.
41.7 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.
41.8 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.
41.9 The Procuring Entity shall pay the Contractor a cumulative gross amount not
exceeding ninety percent (90%) of the total Contract price, since the remainder
shall serve as the ten percent (10%) retention money, as provided in GCC Clause
42.
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42. Retention
42.1 The Procuring Entity shall retain from each progress payment ten percent (10%)
of such payment, referred to as the “retention money.” Such retention money
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 the Works, as determined by the Procuring Entity, is completed. If,
after fifty percent (50%) completion, the Works are 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.
42.2 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 an irrevocable standby letter of credit from
a commercial bank, bank guarantee and/or surety bond callable on demand, of
amounts equivalent to the retention money substituted for and in a form
acceptable to the Procuring Entity. The Procuring Entity shall allow such
substitution provided that the Contract is on schedule and is satisfactorily
undertaken. The said irrevocable standby letter of credit, bank guarantee and/or
surety bond, to be posted in favor of the Procuring Entity, shall be valid for a
duration to be determined by the Procuring Entity and shall answer for the
purpose for which the retention is intended, i.e., to cover uncorrected
discovered Defects and third partyliabilities.
42.3 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 (VOs) shall be subject to the provisions of Annex E of RA 9184-
IRR and DPWH DO 28, series of 2015. may be issued by the Procuring Entity to
cover any increase or decrease in quantities, including the introduction of new
work items not included in the original Contract or reclassification of work items
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.
The cumulative amount of the positive or additive VOs, however, shall not
exceed ten percent (10%) of the original Contract cost. The addition or deletion
of works shall be within the general scope of the Contract as bid and awarded.
The scope of the Works shall not be reduced so as to accommodate a positive
VO. .
43.2 A deductive VO may be allowed only if it would not significantly impair the
functionality of the original design, i.e., it must not reduce the size of the facility
by more than ten percent (10%) of the original scope (e.g., shortening of road
Page 96 of 129
length) or must not make the facility unsafe (e.g., removal of guard rails) or
structurally unstable (e.g., removal of a column) or unusable (e.g., removal of a
bridge abutment).
43.3 A VO in the form of a Change Order may be issued by the Procuring Entity to
cover any increase or decrease in quantities of original Work items in the
Contract.
43.4 A VO in the form 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 Works or character provided for in the Contract.
43.5 Any cumulative positive VO beyond ten percent (10%) shall be the subject of
another contract to be bid out if the works are separable from the original
Contract.
43.6 In claiming for any VO, 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 Contractor shall not “accumulate” claims for VOs before
submitting them to the Procuring Entity for investigation and processing.
43.7 The preparation and submission of VOs shall be as follows:
a. If the Procuring Entity’s Representative/Project Engineer finds that a

Variation Order is necessary, he shall prepare the proposed Order,
accompanied with the Notice submitted by the Contractor, the plans
therefor, his computations on the quantities of the additional, reduced or
modified works involved per itemindicating 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
Variation Order, and shall submit the same to the HoPE for approval.
b. The HoPEor 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
Page 97 of 129
prosecuted and to review the proposed Change Order or Extra Work

Order.
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 HOPEor his duly authorized
representative for consideration.
d. The HoPEor his duly authorized representative, acting upon the

recommendation of the technical staff or appropriate office of the
Procuring Entity, 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 VO from the preparation up to the

approval by the HoPEconcerned shall not exceed thirty (30) calendar
days.
43.8 Work under VOs shall be valued and paid as follows:
a. At the unit prices for the same items in this Contract.
b. In the absence of unit prices for the same items rates in this Contract, at
prices or rates obtained from those of similar or related items in this
Contract.
c. Failing the above, at appropriate new unit prices or rates equal to or

lower than current market rates and to be agreed upon by both parties
and approved by the HoPE.
44. PunchList
Once the Contract reaches an accomplishment of ninety five percent (95%) of the total
Contract Works, the Procuring Entity may create an inspectorate team to make a
preliminary inspection and submit a punchlist to the Contractor in preparation for the
total completion of the Works. The punchlist shall contain, among other things, the
remaining unfinished portions of the Works, deficiencies in the Works for necessary
corrections, and the specific time to fully complete the whole Works considering the
approved remaining Contract time. This, however, shall not preclude any claim of the
Procuring Entity for liquidated damages.
Page 98 of 129
45. Suspension of Work

45.1 In accordance with DPWH DO 100, series of 2015, the Procuring Entity, through its
Project Engineer/Engineer’s Representative, shall have the authority to issue a
Work Suspension Order to the Contractor suspend the work wholly or partly by
written order for such period as may be deemed necessary, on any of the
following grounds:
a. Force majeure or any fortuitous event that has taken place, which inflicts
extensive damage and/or makes it difficult to proceed with the work,
such as a devastating earthquake or flood.
b. Failure on the part of the Contractor to correct bad conditions which are
unsafe for workers or for the general public.
c. Failure of the contractor to carry out valid orders given by the Procuring
Entity or to perform any provisions of the contract.
d. Adjustments of plans to suit field conditions as found necessary during

construction.
e. Major right-of-way (ROW) problems which prohibit the contractor from

performing work in accordance with the approved construction schedule.
f. Peace and order conditions which makes it extremely dangerous, if not

impossible to work, as certified in writing by the Philippine National
Police (PNP) Station Commander which has responsibility over the
affected area, and confirmed by the Department of Interior and Local
Government (DILG) Regional Director.
g. Major variations initiated by the Government in the scope of the contract
during its implementation to suit changes in physical and economic
conditions.
The Contractor shall immediately comply with such order to suspend the Works
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, on any of the following grounds:
a. There exist right-of-way problems which prevent 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.
Page 99 of 129
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 and
the documents are complete unless there are justifiable reasons thereof
which shall be communicated in writing to the Contractor.
45.3 The contractor shall immediately demobilize its equipment and manpower upon
its receipt of the Work Suspension Order and to remobilize the same upon the
lifting by the Procuring Entity the Work Suspension Order through a Work
Resumption Order.
45.4 The issuance of a Work Suspension Order shall not be an automatic contract
time extension. A corresponding time extension, complete with the
documentary requirements in accordance with DO No. 52, series of 2012,has to
be approved by the authorized DPWH official in lieu of suspension, subject to
evaluation to consider pre-determined unworkable days, bond extension, quit
claim for damages, and their effect on the approved PERT/CPM schedule in
order to reflect the official revised contract time and expiry date as a result of
such suspension. If the suspension is due to any fault of the contractor, no
contract time extension shall be granted.
46. Extension of Contract Time
46.1 Extension of the Contract Time shall be subject to the provisions of DPWH DO
100, series of 2015 and the provisions of this GCC Clause 46.
46.2 Should the amount of additional work under an approved Variation Order 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
Page 100 of 129
full and detailed particulars, the Procuring Entity shall examine the facts and
extent of the delay and shall extend the Contract time to complete the contract
work when, in the Procuring Entity’s opinion, the findings of facts justify an
extension.
46.3 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.
46.4 Extension of contract time may be granted only when the affected activities fall
within the critical path of the PERT/CPM network.
46.5 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.
46.6 Extension of contract time may be granted for any of the following grounds:
a. 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. In these cases, the
time extension shall be processed for approval only after the total number of
pre-determined rainy/unworkable days as indicated in the contract has been
fully utilized as duly certified by the Procuring Entity’s Representative.
b. Equivalent period of delay due to major calamities such as exceptionally

destructive typhoons, floods and earthquakes, and epidemics, and for causes
such as non-delivery on time of materials, working drawings, or written
information to be furnished by the Procuring Entity, non-acquisition of
permit to enter private properties within the right-of-way resulting in
complete paralyzation of construction activities, and other meritorious
causes as determined by the Procuring Entity’s Representative and approved
by the HoPE.
c. Shortage of construction materials, general labor strikes, and peace and

order problems that disrupt construction operations through no fault of the
Contractor, provided that they are publicly felt and certified by appropriate
government agencies such as Department of Trade and Industry (DTI),
Department of Labor and Employment (DOLE), Department of Interior and
Local Government (DILG), and Department of National Defense (DND),
among others.
Page 101 of 129
46.7 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.
47. Price Adjustment

Except for extraordinary circumstances as determined by the National Economic and
Development Authority (NEDA) and approved by the GPPB, no price adjustment shall be
allowed unless otherwise indicated in the SCC. 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.
48. Certificates of Completion and Acceptance

48.1 The issuance of a Certificate of Completion shall be subject to the provisions of
DPWH DO 99, series of 2015.
a. Upon receipt of notice from the contractor that the project is completed,
the HOPE shall instruct its Inspectorate Team to conduct an inspection of
the project and to submit its Completion Inspection Report within fifteen
(15) days, indicating any construction defects/deficiencies detected and
the corresponding measures thatmust be taken by the contractor to
correct them. If no defects/deficiencies aredetected, the report is
considered as the Final Completion Inspection Report.
b. Based on the Inspection Report, the HOPEshall issue to the Contractor

aNotice of Defects/Deficiencies and Required Corrective Repair Works,
with theinstructions for the Contractor to commence the repair works
within seven (7) days and to complete the works within thirty (30) days.
c. Upon receipt of advice from the Contractor that the defects and
deficiencies indicated in the said Notice have been corrected, the HOPE
shall instruct the Inspectorate Team to conduct an inspection of the
project and to submit its Completion Inspection Report within seven (7)
days. If the report shows that the defects/deficiencies have been
satisfactorily corrected, the report is considered as the Final Completion
Inspection Report. Otherwise, the process is repeated until thenoted
defects/deficiencies have been satisfactorily corrected.
d. Upon the receipt of the Final Completion Inspection Report from the
Inspectorate Team, the HopE shall issue the Certificate of Completion of
the project, certifying that the Project has been satisfactorily completed
as of the date indicatedin the Final Inspection Report.
Page 102 of 129
48.2 The Certificate of Acceptance shall be issued by the HoPE at the end of the one-
year Defects Liability period, after all defects/deficiencies, if any, shall have been
repaired by the Contractor to the satisfaction of the same Inspectorate Team of
the Procuring Entity mentioned above and upon submission of the Warranty
Certificate by the Contractor inaccordance with the provisions of GCC Clause
12.The issuance of a Certificate of Acceptance shall be subject to the provisions
of DPWH DO 99, series of 2015.
a. Upon receipt of notice from the Contractor that the project is ready for
inspection after the one-year Defects Liability Period from the issuance of
the Certificate of Completion, the HoPE shall instruct its Inspectorate
Team to conduct an inspection of the project and to submit its Inspection
Report within fifteen (15) calendar days,indicating any construction
defects/deficiencies detected and the corresponding measures that must
be taken by the Contractor to correct them. If no defects/deficiencies are
detected, the report is considered as the Final Acceptance Inspection
Report.
b. Based on the Inspection Report, the HoPE shall issue to the Contractor
aNotice of Defects/Deficiencies and Required Corrective Repair Works,
with the instructions for the Contractor to commence the repair works
within seven (7) calendar daysand to complete the works within ninety
(90) days.
c. Upon receipt of advice from the contractor that the defects/deficiencies

in the said Notice have been corrected, the HoPE shall instruct the
Inspectorate Teamto conduct an inspection of the project and to submit
its Acceptance InspectionReport within seven (7) days. If the report
shows that the defects/deficiencies havebeen satisfactorily corrected, the
report is considered as the Final AcceptanceInspection Report.
Otherwise, the process is repeated until the noted defects/deficiencies
have been satisfactorily corrected.
d. Upon the receipt of the Final Acceptance Report, the Head of the I0 shall
issue the Certificate of Acceptance.
49. 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 Acceptance.
50. As-Built Drawings and Operating and Maintenance Manuals

50.1 If As-Built Drawings and/or Operating and Maintenance Manuals are required,
the Contractor shall supply them by the dates stated in the SCC.
Page 103 of 129
50.2 If the Contractor does not supply the said Drawings by the date stated in the
SCC, or if they do not receive the approval of the Procuring Entity’s
Representative, the Procuring Entity’s Representative shall withhold the amount
stated in the SCC from payments due to the Contractor.
Page 104 of 129
ANNEX II-1.1G
Section VII. Special Conditions of Contract
Notes on the Special Conditions of Contract

The clauses in this Section on Special Conditions of Contract (SCC) are intended to assist the
Procuring Entityin providing contract-specific information in relation to corresponding clauses
in the General Conditions of Contract (GCC) under ANNEX II-1.1F.
The provisions of this Section complement the GCC, by specifying contractual requirements
linked to the special circumstances of the Procuring Entityand of the Works procured.
No special condition which defeats or negates the general intent and purpose of the provisions
of the GCC, however, should be incorporated herein.
104
Page 105 of 129
STANDARD FORMAT
SPECIAL CONDITIONS OF CONTRACT
GCC Clause
1.19 The Intended Completion Date is [July 5, 2019].
1.24 The Procuring Entity is [DPWH – Bulacan 1st DEO Tikay, City of Malolos,
Bulacan].
1.25 The Procuring Entity’s Representative is [RAFAELITO M. MARCELO - BAC

Chairman].
1.26 The Site is located at [Malolos, Bulacan] and is defined in Drawings No.
[Insert Number].
1.30 The Start Date is [April 5, 2019].
1.33 The Works consist of Construction of two storey multi-purpose building (2)
(6m x 6m)
2.2 N/A
5.1 The Procuring Entity shall give possession of the Site to the Contractor on
[April 2, 2019].
6.5 The Contractor shall employ the following Key Personnel:
Project Manager ______________________________
Project Engineer ______________________________
Materials Engineer ____________________________
Construction Foreman __________________________
7.4 c “No further instructions”.

8.1 N/A
8.3 N/A
10. The Site Investigation Reports are: [List here or state none]
12.3 No further instructions.
12.5 b. Semi-Permanent Structures: Five (5) years
Buildings of types 1 (wooden), 2 (wood with 1 hour fire resistance), and 3
105
Page 106 of 129
(masonry and wood construction), concrete roads, asphalt roads, river

control, drainage, irrigation and drainage canals, municipal ports and
river landing, deep wells, rock causeway, pedestrian overpass, and other
similar structures.
22.2 The Arbiter is: [Insert name]
[Insert address]
29.1
No dayworks are applicable to the contract.
31.1 The Contractor shall submit the Program of Work to the Procuring Entity’s
Representative within [10] days of delivery of the Notice of Award.
31.3 The period between Program of Work updates is [insert number] days.
The amount to be withheld for late submission of an updated Program of

Work is [insert amount].
34.3 The Funding Source is the Government of the Philippines.
39.1 The amount and schedule of the advance payment is [15% of the Contract
Price]
40.2 No further instructions
50.1 The date by which the As-Built Drawings and/or Operating and Maintenance
Manuals are required is [Insert date].
50.2 The amount to be withheld for failing to supply the As-Built Drawings and/or
Operating and Maintenance Manuals by the date required is [Insert amount
in Pesos equal to 10% of the Contract Price].
106
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ANNEX II-1.1H
Section VIII. Specifications
1. DPWH Standards
The DPWH Standard Specifications for Public Works and Highways (“Blue Book”) shall
be the main basis for the standards and codes to be met by the goods and materials to
be furnished and work performed or tested for the Contract. In particular, Volume II of
the Blue Book shall be used if the Contract pertains to Highways, Bridges and Airports.
Volume III of the Blue Book shall be used if the Contract pertains to Buildings, Flood
Control and Drainage, or Water Supply. The Blue Book incorporates standards of the
American Association of State Highway and Transportation Officials (AASHTO), American
Society for Testing and Materials (ASTM), and American Concrete Institute (ACI), among
others, pertaining to construction.
The Procuring Entity shall use the Standard Pay Items in the Project and Contract
Management Application (PCMA) in drawing up the Specifications.
2. Modifications of Standards
2.1 Modifications of and additions to standards and codes as stated in the DPWH
Standard Specifications for Public Works and Highways, if any, shall be included
in the enclosed Supplemental Specifications, which is part of these Bidding
Documents.
2.2 Entries in the Supplemental Specifications are numbered to coincide with the
numbering of items in the DPWH Standard Specifications for Public Works and
Highways.
107
Page 108 of 129
ANNEX II-1.1I
Section IX. Drawings
Insert here a list of approved Drawings for the Contract. The actual Drawings, including Site
plans, shall be attached to this Section or annexed in a separate folder.
Page 109 of 129
ANNEX II-1.1J
Section X. Bill of Quantities
1. The Bill of Quantities (BOQ) contains the following parts:
a. BOQ for each Part of the Contract, using Form DPWH-INFR-17.
b. Summary of Bid Prices for all Parts of the Contract, using Form DPWH-INFR-18.
2. For the BOQ for each Part of the Contract, the Bidder shall not change the entries under
Pay Item No. (Column 1), Pay Item Description (Column 2), Unit (Column 3), and
Quantity (Column 4) in the Bill of Quantities, which are set by the Procuring Entity. For
each pay item in the BOQ, the Bidder shall indicate its unit bid price in words and in
figures (P) in Column 5, and its total bid price in Column 6 (Column 4 x Column 5)
3. For the Summary of Bid Prices, the Bidder shall not change the entries and Part No.
(Column 1) and Part Description (Column 2), which are provided by the Procuring Entity.
The Bidder shall indicate the Total Amount (Column 3) for each Part No. at the Total of
All Amounts at the bottom.
4. The Procuring Entity shall use the Standard Pay Items in the Project and Contract
Management Application (PCMA) in preparing the BOQ.
Page 110 of 129
ANNEX II-1.1K
Section XI. Bidding Forms
The Bidder shall use the Bidding Forms (BFs) listed below in preparing its Bid and, in case it is
awarded the contract, in preparing the documents required to perfect the contract.
DPWH-INFR-05: Contractor’s Confidential Application Statement for Registration (CCASR)
DPWH-INFR-06: Contractor’s Registration Certificate (CRC)
DPWH-INFR-07: Contractor’s Information (CI)
DPWH-INFR-09: Bid Form
DPWH-INFR-10: Form of Bid Security: Bank Guarantee
DPWH-INFR-11: Form of Bid Security: Irrevocable Letter of Credit
DPWH-INFR-12: Form of Bid Securing Declaration
DPWH-INFR-13: Contractor’s Organizational Chart for the Contract
DPWH-INFR-14: List of Contractor’s Key Personnel to be Assigned to the Contract, with their
Qualification and Experience Data
DPWH-INFR-15: List of Contractor’s Equipment Units to be Assigned to the Contract,

Supported by Certificates of Availability
DPWH-INFR-16: Sworn Statement Required by IRR Section 25.2b)iv)
DPWH-INFR-17: Bill of Quantities (BOQ)
DPWH-INFR-18: Summary of Bid Prices
DPWH-INFR-19: Cash Flow by Quarter

Page 111 of 129
DPWH-INFR-20: Bidder’s Checklist of Requirements for Its Bid, Including Technical and
Financial Proposals Requirement for Bidders
DPWH-INFR-43: Performance Security: Irrevocable Letter of Credit
DPWH-INFR-44: Performance Security: Bank Guarantee
DPWH-INFR-45: Construction Methods
DPWH-INFR-46: Construction Schedule in the form of PERT/CPM or Precedence Diagram

and Bar Chart with S-Curve and Cash Flow
DPWH-INFR-47 Manpower Schedule
DPWH-INFR-48: Major Equipment Utilization Schedule
DPWH-INFR-49: Construction Safety and Health Program
DPWH-INFR-50: Checklist of Contract Documents and Supporting Documents
DPWH-INFR-51: Form of Contract Agreement
The content of each of these forms is given in the attached folder marked “ANNEX IIB –
Standard Bidding Forms.” The bidder may download these forms from the DPWH website. The
bidder may also obtain from the Procuring Entity hard copies of these forms as part of the
BDsfor the contract.
Page 112 of 129
Bill of Quantities
Location of the Contract: Malolos, Bulacan
------------------------------------------------------------------------------------------------------------
BILL OF QUANTITIES
Part No._____________ Part Description: _____________________
Pay
Item Description Unit Quantity Unit Price Amount
No. (Pesos) (Pesos)
(1) (2) (3) (4) (5) (5)
Part B Other General Requirements
B.1 Offices, Shops, Stores and L.S. 1.00 In words: In figures: Php______
Workmen’s Accommodation Pesos__________
for Contractor ___________________
______________
______________
______________
In figures: Php
_______________
B.5 Project Billboard/Signboard each 1.00 In words: In figures: Php______

Pesos__________
Page 113 of 129
______________ ___________________
______________
______________
In figures: Php
_______________
B.7(1) Occupational Safety and Month 3.00 In words: In figures: Php______

Health Program Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Part III Civil, Mechanical, Electrical

and Sanitary/Plumbing
Works
Part A Earthworks
101(1) Removal of Structures and L.S. 1.00 In words: In figures: Php______

Obstruction Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 114 of 129
803(1)a Structure Excavation Cu.m. 33.87 In words: In figures: Php______

(Common Soil) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
804(1)b Embankment from Common Cu.m. 9.00 In words: In figures: Php______

Borrow by Equipment Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Part B Plain and Reinforced

Concrete Works
900(1)c1 Structural Concrete (Class A, Cu.m. 27.02 In words: In figures: Php______

28 days) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 115 of 129
902(1)a1 Reinforcing Steel of Kgs. 5,038.34 In words: In figures: Php______

Reinforced Concrete Pesos__________
Structure Grade 40 ___________________
______________
______________
______________
In figures: Php
_______________
903(2) Forms and Falseworks Sq.m. 214.20 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Part C Finishing Works
C-1 Masonry Works
1046(2)a CHB Non Load Bearing Sq.m. 179.59 In words: In figures: Php______
2 (including Reinforcing Steel) Pesos__________
150mm ___________________
______________
______________
______________
In figures: Php
Page 116 of 129
_______________
C-2 Fabricated Materials
1008(1)a Aluminum Window (Sliding Sq.m. 13.68 In words: In figures: Php______

Type) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1008(1)c Aluminum Window (Awning Sq.m. 2.07 In words: In figures: Php______

Type) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1010(1) Frames (Jambs, Sills, Head, Set 4.00 In words: In figures: Php______
Transoms and Mullions) Pesos__________
___________________
______________
______________
______________
In figures: Php
Page 117 of 129
_______________
1007(1)a Aluminum Framed Glass Sq.m. 1.89 In words: In figures: Php______

Door (Sliding Type) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1007(1)b Aluminum Framed Glass Sq.m. 1.68 In words: In figures: Php______

Door (Swing Type) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1010(2)a Doors (Flush) Sq.m. 1.68 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 118 of 129
1010(2)b Doors (Wood Panel) Sq.m. 5.04 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1043(1) PVC Doors and Frames Sq.m. 1.47 In words: In figures: Php______
Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
C-3 Finishing Works
1018(1) Glazed Tiles and Trims Sq.m. 13.00 In words: In figures: Php______
Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 119 of 129
1027(1) Cement Plaster Finish Sq.m. 359.18 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
C-4 Carpentry Works
1003(1)a Ceiling (4.5m, Metal Frame) Sq.m. 50.00 In words: In figures: Php______
1 (Fiber cement Board) Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1051(1) Railing Sq.m. 30.00 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 120 of 129
C-5 Painting Works
1032(1)a Painting Works (Wood) Sq.m. 359.18 In words: In figures: Php______

1 Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1032(1)a Painting Works (Masonry) Sq.m. 50.00 In words: In figures: Php______

2 Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
C-6 Roof Framing and Roofing

Works
1014(1)b Pre-painted Metal Sheets, Sq.m. 71.50 In words: In figures: Php______

2 Long Span, Rib Type, 0.5mm Pesos__________
thk. ___________________
______________
______________
______________
In figures: Php
Page 121 of 129
_______________
1013(2)a Fabricated Metal Roofing m. 23.00 In words: In figures: Php______

2 Accessory (Flashing, 0.6mm Pesos__________
thk.) ___________________
______________
______________
______________
In figures: Php
_______________
1013(2)b Fabricated Metal Roofing m. 13.00 In words: In figures: Php______

1 Accessory (Gutter, 0.6mm Pesos__________
thk.) ___________________
______________
______________
______________
In figures: Php
_______________
1047(8) Structural Steel Kgs. 1,504.67 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 122 of 129
Part D Electrical Works
1100(10) Conduits, Boxes & Fittings L.S. 1.00 In words: In figures: Php______
(Conduit Works/Conduit Pesos__________
Rough-in) ___________________
______________
______________
______________
In figures: Php
_______________
1101(33) Wires and Wiring Devices L.S. 1.00 In words: In figures: Php______
Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
1102(1) Panel Board with Main & L.S. 1.00 In words: In figures: Php______
Branch Breakers Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Page 123 of 129
1103(1) Lighting Fixtures and Lamps L.S. 1.00 In words: In figures: Php______
Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Part E Plumbing Works
1002(27) Plumbing Works L.S. 1.00 In words: In figures: Php______

Pesos__________
___________________
______________
______________
______________
In figures: Php
_______________
Submitted by:
Name of the Representative of the Bidder__________________ Date: ____________
Position _________________________
Name of the Bidder ____________________________________

Page 124 of 129
Location of the Contract: Malolos, Bulacan
---------------------------------------------------------------------------------------------------------
SUMMARY OF BID PRICES
(All Parts of Bill of Quantities)
Instructions for completing the Summary of Bid Prices:
1. Part No. – Enter the “Part No.” for each section of the BOQ where unit prices are
entered.
2. Part Description – Enter the “Part Description” corresponding to the “Part No.”
3. Total Amount – Enter the “Total Amount” in Pesos for all pages having the same
“Part Description”
Contract ID. 19CC0146
Part No. Part Description Total Amount
Part B Other General Requirements
B.1 Offices, Shops, Stores and Workmen’s

Accommodation for Contractor
B.5 Project Billboard/Signboard
B.7(1) Occupational Safety and Health Program
Part III Civil, Mechanical, Electrical and

Page 125 of 129
Sanitary/Plumbing Works
Part A Earthworks
101(1) Removal of Structures and Obstruction
803(1)a Structure Excavation (Common Soil)
804(1)b Embankment from Common Borrow by

Equipment
Part B Plain and Reinforced Concrete Works
900(1)c1 Structural Concrete (Class A, 28 days)
902(1)a1 Reinforcing Steel of Reinforced Concrete

Structure Grade 40
903(2) Forms and Falseworks
Part C Finishing Works
C-1 Masonry Works
1046(2)a2 CHB Non Load Bearing (including

Reinforcing Steel) 150mm
C-2 Fabricated Materials
1008(1)a Aluminum Window (Sliding Type)
1008(1)c Aluminum Window (Awning Type)
1010(1) Frames (Jambs, Sills, Head, Transoms and

Mullions)
1007(1)a Aluminum Framed Glass Door (Sliding

Type)
Page 126 of 129
1007(1)b Aluminum Framed Glass Door (Swing

Type)
1010(2)a Doors (Flush)
1010(2)b Doors (Wood Panel)
1043(1) PVC Doors and Frames
C-3 Finishing Works
1018(1) Glazed Tiles and Trims
1027(1) Cement Plaster Finish
C-4 Carpentry Works
1003(1)a1 Ceiling (4.5m, Metal Frame) (Fiber cement

Board)
1051(1) Railing
C-5 Painting Works
1032(1)a1 Painting Works (Wood)
1032(1)a2 Painting Works (Masonry)
C-6 Roof Framing and Roofing Works
1014(1)b2 Pre-painted Metal Sheets, Long Span, Rib

Type, 0.5mm thk.
1013(2)a2 Fabricated Metal Roofing Accessory

(Flashing, 0.6mm thk.)
1013(2)b1 Fabricated Metal Roofing Accessory

(Gutter, 0.6mm thk.)
Page 127 of 129
1047(8) Structural Steel
Part D Electrical Works
1100(10) Conduits, Boxes & Fittings (Conduit

Works/Conduit Rough-in)
1101(33) Wires and Wiring Devices
1102(1) Panel Board with Main & Branch Breakers
1103(1) Lighting Fixtures and Lamps
Part E Plumbing Works
1002(27) Plumbing Works
Total of All Amounts in Words
Pesos __________________________________________________________________
______________________________________________________________________
And ________________________________ centavos
Name _________________________________ in the capacity of __________________
Signed ________________________________ Date _____________________________
Duly authorized to sign the Bid for and on behalf of _____________________________

Page 128 of 129
BID FORM
Date:
To: Name of Procuring Entity
We, the undersigned, declare that:
a. We have examined and have no reservation on the Bidding Documents

(BDs), including Supplemental/Bid Bulletins, for the above stated Contract;
b. We offer to execute the Works for this Contract in accordance with the
said BDs, including the Bid data Sheet, general and Special Conditions of
Contract, Specifications and Drawings therein;
c. We present our Bid to execute the Works, consisting of our Technical
Proposal (Annex Ä”) and our Financial Proposal (Annex “B”);
d. Our Technical Proposal includes the following required documents:
Bid Security in the required form, amount and validity period, using Form DPWH-INFR-
09, 10, or 11, as applicable (Annex “A11”)
Organizational Chart for the Contract, using Form DPWH-INFR-13 (Annex “A-3”)
Contractor’s Certification on Key Personnel for the Contract, with the Key Personnel’s
Affidavits of Commitment to Work on the Contract, using Form DPWH-INFR-14 (Annex
“A-4”)
List of Contractor’s Major Equipment Pledged for the Contract, using Form DPWH-INFR-
15 (Annex “A-5”)
Omnibus Sworn Statement required under RA 9184-IRR Sec. 25.2b)iv), using Form
DPWH-INFR-16 (Annex “A-6”)
e. Our Financial Proposal includes the following required documents:
This Bid Form (Annex “B-1”)

Bid Prices in the Bill of Quantities Form, using Forms DPWH-INFR-17 and
18 (Annex “B-2”)
Detailed estimates (Annex “B-3”)
Cash flow by quarter, using Form DPWH-INFR-19 (Annex “B-4”);
Page 129 of 129
f. The total price of our Bid for this Contract based on the unit prices in the
said Bill of Quantities, excluding any discounts offered in item (g) below, is:
total bid price in words and in figures ;
g. The discounts we offer and the methodology for their application for this
Contract are : _____________________;
h. Our bid shall be valid for a period of ______________________ days from
the date fixed from the opening of bids in accordance with the Bidding
Documents, and it shall remain binding upon us and may be accepted by
you at any time before the expiration of that period;
i. If our bid is accepted and we receive from you a Notice of Award, we
commit, within ten (10) calendar days from our receipt of the said Notice,
(1) to submit to you the required Performance Security and other
documents prescribed in the Bidding Documents, and (2) to sign the
Contract Agreement;
j. We understand that, if the contract is awarded to us, this Bid, together
with your written acceptance thereof through your Notice of Award, shall
constitute a binding contract between us, until a formal Contract
Agreement is prepared and executed;
k. We understand that you are not bound to accept the Lowest Calculated
Bid or any other Bid that you may receive;
l. We acknowledge that failure to sign each page of this Form of Bid and the
accomplished Bill of Quantities shall be ground for the rejection of our Bid;
and
m. 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 appropriate contract documents for the
abovementioned Contract.
Name: ______________________________
In the capacity of : _______________________________
Signed: _____________________________________
Duly authorized to sign the Bid for and on behalf of: _______________
Date: _________________________________

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Page 1 of 129

DEPARTMENT OF PUBLIC WORKS

ANNEX II-1.1: DPWH STANDARD BIDDING

September 2016 DPWH Procurement Manual Volume II - Infrastructure

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

PROCURING ENTITY: Bulacan 1st DEO Tikay, City of Malolos, Bulacan

CONTRACT ID: 19CC0146

CONTRACT NAME: Construction of multi-purpose building (health center)

CONTRACT LOCATION: Malolos, Bulacan

Date of Opening of Bids: March 5, 2019

Start Date for Issuance of Bidding Documents: February 12-March 5,

September 2016 DPWH Procurement Manual Volume II - Infrastructure

ANNEX II-1.1A : Section I. Invitation to Bid (IB) …………………………. 6

ANNEX II-1.1I: Section IX. Drawings ………………………………………. 105

ANNEX II-1.1J: Section X. Bill of Quantities (BOQ) ………………………. 106

ANNEX II-1.1K: Section XI. Bidding Forms (BFs) ………………………… 107

ANNEX II-1.1L: Section XII. Foreign-Assisted Projects (FAPs) …………… 109

September 2016 DPWH Procurement Manual Volume II - Infrastructure

(1) Website of the DPWH www.dpwh.gov.ph.

(2) Website of the Philippine Government Electronic Procurement System

(3) Website prescribed by the concerned foreign government/foreign or international

The IB shall include the following:

September 2016 DPWH Procurement Manual Volume II - Infrastructure

b. Approved Budget for the Contract (ABC).

h. Payment of Fee for the BDs.

n. Other necessary information as determined by the Procuring Entity.

September 2016 DPWH Procurement Manual Volume II - Infrastructure

Contract ID: 19CC0146

Activity Time Place

September 2016 DPWH Procurement Manual Volume II - Infrastructure

BAC Chairperson: RAFAELITO M. MARCELO

BAC Secretariat: MARIA M. MATAWARAN

Date of Posting: February 12, 2019

Posted at DPWH & Philgeps website

September 2016 DPWH Procurement Manual Volume II - Infrastructure

Notes on the Eligibility Requirements (ER)

September 2016 DPWH Procurement Manual Volume II - Infrastructure

a. Submission of Class “A” and Class “B” Documents

To participate in the bidding for an infrastructure contract in the DPWH, a contractor/

Class “A” Documents (IRR Section 23.1a):

(1) Legal Documents

(2) Technical Documents

i. Contract ID, name and location.

September 2016 DPWH Procurement Manual Volume II - Infrastructure

ii. Contract start and actual completion dates.

Bidder’s single largest completed contract similar to the contract to be

i. Contract ID, name and location.

(3) Financial Documents

(a) Registration Certificate from SEC/DTI/CDA,

September 2016 DPWH Procurement Manual Volume II - Infrastructure

(b) Mayor’s/Business Permit,

(c) Tax Clearance,

(d) PCAB License and Registration.

(e) Audited Financial Statements

Class “B” Document (IRR Section 23.1b)

b. Legal Requirements for Eligibility

The prospective bidder must be either of the following:

(1) A Filipino citizen/sole proprietorship.