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Bidding Documents for the Construction of Perimeter Fence and Upgrading of UN Avenue at Morong Discovery Park (2)

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PHILIPPINE BIDDING DOCUMENTS

Construction of Perimeter Fence and


Upgrading of UN Avenue
at Morong Discovery Park

Government of the Republic of the Philippines

Sixth Edition

1
TABLE OF CONTENTS

Glossary of Terms, Abbreviations, and Acronyms 4


Section I. Invitation to Bid 7
Section II. Instructions to Bidders 10
Section III. Bid Data Sheet 17
Section IV. General Conditions of Contract 25
Section V. Special Conditions of Contract 30
Section VI. Specifications 33
Section VII. Drawings 34
Section VIII. Bill of Quantities 35
Section IX. Checklist of Technical and Financial Documents 36
Bidding Forms:
Bid Form Annex "A"
Statement of Availability of Owned Equipment Annex "B-1"
Statement of Availability of Leased Equipment Annex "B-2"
Statement of Availability of Equipment Under
Purchase Agreement Annex "B-3"
List of Key Technical Personnel to be Assigned to the Project Annex "C"
Format of Curriculum Vitae Annex "D"
List of Equipment Owned or Leased and/or Under Purchase
Agreement, Pledged to the Proposed Project Annex "E"
Statement of Single Largest Completed Contract (SLCC) Annex "F"
Statement of All On-Going Contracts Annex "G"
Omnibus Sworn Statement Annex "H"

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Commitment to Execute a Joint Venture Agreement Annex "I"
Joint Venture/ Consortium Agreement Annex "J"
Bid Securing Declaration Annex "K"
Form of Contract Agreement Annex "L"
Form for Detailed Cost Estimates Annex "M"
Form for Dayworks Schedule (Labor) Annex "N-1"
Form for Dayworks Schedule (Materials) Annex "N-2"
Form for Dayworks Schedule (Equipment) Annex "N-3"
Cashflow by Quarter Annex "O"

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Glossary of
Terms, Abbreviations, and Acronyms

ABC – Approved Budget for the Contract.

ARCC – Allowable Range of Contract Cost.


BAC – Bids and Awards Committee.

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


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

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


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

Bidder’s Authorized Representative (Authorized Representative) - shall refer to the


person identified as the duly authorized and designated representative of the bidder in the
Omnibus Sworn Statement.

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

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

CDA – Cooperative Development Authority.

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

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

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

CPI – Consumer Price Index.

DOLE – Department of Labor and Employment.

DTI – Department of Trade and Industry.

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


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

GFI – Government Financial Institution.

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

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

GOP – Government of the Philippines.

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


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

LGUs – Local Government Units.

NFCC – Net Financial Contracting Capacity.

NGA – National Government Agency.

PCAB – Philippine Contractors Accreditation Board.

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PhilGEPS - Philippine Government Electronic Procurement System.

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


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

PSA – Philippine Statistics Authority.

SEC – Securities and Exchange Commission.

SLCC – Single Largest Completed Contract.

UN – United Nations.

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Section I. Invitation to Bid

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Section II. Instructions to Bidders

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1. Scope of Bid

The Procuring Entity, Bases Conversion and Development Authority invites Bids for
the Construction of Perimeter Fence and Upgrading of UN Avenue at Morong
Discovery Park

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


Works, as described in Section VI (Specifications).

2. Funding Information

2.1. The GOP through the source of funding as indicated below in the amount of
Php 313,716,340.64 inclusive of all applicable fees and taxes.

2.2. The source of funding is:

2024 GAA

3. Bidding Requirements

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

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

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

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

The Procuring Entity, as well as the Bidders and Contractors, shall observe the highest
standard of ethics during the procurement and execution of the contract. They or
through an agent shall not engage in corrupt, fraudulent, collusive, coercive, and
obstructive practices defined under Annex “I” of the 2016 revised IRR of RA No.
9184 or other integrity violations in competing for the Project.

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5. Eligible Bidders

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

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

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


major categories of work stated in the BDS.

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

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

6. Origin of Associated Goods

There is no restriction on the origin of Goods other than those prohibited by a


decision of the UN Security Council taken under Chapter VII of the Charter of the
UN.

7. Subcontracts

7.1. The Bidder may subcontract portions of the Project to the extent allowed by
the Procuring Entity as stated herein, but in no case more than fifty percent
(50%) of the Project.

The Procuring Entity has prescribed that: Subcontracting is allowed.

7.1. The Bidder must submit together with its Bid the documentary requirements of
the subcontractor(s) complying with the eligibility criteria stated in ITB
Clause 5 in accordance with Section 23.4 of the 2016 revised IRR of RA No.
9184 pursuant to Section 23.1 thereof.

7.2. The Supplier may identify its subcontractor during the contract
implementation stage. Subcontractors identified during the bidding may be
changed during the implementation of this Contract. Subcontractors must
submit the documentary requirements under Section 23.1 of the 2016 revised

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IRR of RA No. 9184 and comply with the eligibility criteria specified in ITB
Clause 5 to the implementing or end-user unit.

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

8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time and either at its physical address indicated in paragraph 6 of the IB.

9. Clarification and Amendment of Bidding Documents

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

10. Documents Comprising the Bid: Eligibility and Technical


Components

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

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

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

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


Engineers, Materials Engineers, and Foremen) assigned to the contract to be
bid, with their complete qualification and experience data shall be provided.

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These key personnel must meet the required minimum years of experience set
in the BDS.

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

11. Documents Comprising the Bid: Financial Component

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

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

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


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

12. Alternative Bids

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

13. Bid Prices

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

14. Bid and Payment Currencies

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

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

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15. Bid Security

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

15.2. The Bid and bid security shall be valid for one hundred twenty (120) calendar
days from the Opening of Bid. Any bid not accompanied by an acceptable bid
security shall be rejected by the Procuring Entity as non-responsive.

16. Sealing and Marking of Bids

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

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

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

17. Deadline for Submission of Bids


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

18. Opening and Preliminary Examination of Bids

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

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

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


2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

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

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

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

20. Post Qualification

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

21. Signing of the Contract

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

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Section III. Bid Data Sheet

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Bid Data Sheet
ITB Clause

5.2 For this purpose, the SLCC shall refer to a construction of Road Projects.

Subcontract Agreements shall not be considered in the satisfaction of the


SLCC requirement.

The SLCC shall be supported by an Owner’s Certificate of Final Acceptance


issued by the project owner other than the contractor or a final rating of at least
“Satisfactory” in the Constructors Performance Evaluation System (CPES). In
case of contracts with the private sector, an equivalent document shall be
submitted.

7.1 Subcontracting is allowed subject to the following additional qualifications:

a. The contractor shall secure prior written approval from BCDA prior to
subcontracting.

b. The subcontractor shall have the same qualifications and/or eligibility as the
main contractor; and

The portions of Project and the maximum percentage allowed to be


subcontracted shall not exceed fifty percent (50%) of the awarded contract.

10.3 PCAB License: Category AA for General Engineering and License


Classification of Large A for General Engineering

For joint venture or consortium bidder, a Joint Special License issued by the
PCAB pursuant to Section 38 of RA 4566, and the PCAB license and
registration individually issued to each joint venture or consortium partner
must be submitted. Failure of the joint venture or consortium bidder to submit
a Joint Special License shall be a ground for its disqualification despite the
submission of the individual licenses of each joint venture or consortium
partner.

10.4 The list of nominated key personnel with the minimum required years of
experience for the Project are as follows:

Key Required Required Experience Qty


Personnel Profession

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Project Licensed Engineer At least 15 years of 1
Manager for at least 20 years experience as Project
Manager

Deputy Project Licensed Civil At least 10 years of 1


Manager Engineer for at least experience as Deputy
15 years Project Manager

Highway/Road Licensed Civil At least 10 years of 1


Engineer Engineer for at least experience as
15 years Highway/Road
Engineer

Quantity Licensed Engineer At least 5 years of 1


Surveyor or Architect for at experience as
least 10 years Quantity Surveyor

Materials DPWH-accredited At least 10 years of 1


Engineer II Materials Engineer experience as
II for at least 10 Materials Engineer II
years

Safety and DOLE-accredited At least 5 years of 1


Health Officer Safety and Health experience as
Practitioner for at DOLE-accredited
least 5 years Safety and Health
Practitioner

Pollution DENR-EMB At least 5 years of 1


Control accredited Pollution experience as
Officer Control Officer for Pollution Control
at least 5 years Officer

Site Engineer Licensed Engineer At least 5 years of 3


for at least 5 years experience as Site
Engineer

(1) Each nominated key personnel shall only be nominated to a single position.

(2) The winning bidder shall ensure that its nominated key personnel shall be
working full time on this project.

(3) The bidder must accomplish the prescribed form in “Annex C” of the Bid
Forms for the above list of the nominated key personnel and must be
supported by the following documents:

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1. Individual CV/resumes as prescribed in Annex “D” of the Bid
Form under Section IX. Checklist of Technical and Financial
Documents; and

2. Photocopy of PRC Licenses/DPWH Accreditation. Expired PRC


License may be accepted provided that proof for the renewal of
the application shall be submitted, and provided further that the
appointment date of the renewal shall fall on the day or after the
deadline of bid submission, otherwise, the bidder must submit the
renewed PRC license. Valid or renewed PRC license of all key
personnel assigned must be submitted during Post-Qualification.

10.5 The list of minimum equipment required for the Project is as follows:

Equipment Capacity Quantity

Backhoe 1 cu.m. 3

Concrete Finisher/Paver 120hp 1

Motorized Grader 125hp 2

Vibratory Roller 10 tonner 2

Dump Truck 15 cu.m 5

Water Truck 10,000 L 2

Wheel Loader 2 cu.m. 2

Generator Set 150 KVA 2

The bidder must accomplish the prescribed form in “Annex E” and shall
submit the following acceptable proofs as attachments to the list of equipment,
as applicable: certification of availability using the prescribed form in “Annex
B-1 to B-3” of the Bid Forms and shall submit the following acceptable proofs
as attachment to the list of equipment, as applicable:

a. If owned, supported by a certification by the bidder of availability


of equipment for the duration of the project using the prescribed
form in Annex “B-1”, and any proof
b. of ownership as follows:

● Any contract or instrument evidencing transfer or acquisition of


ownership (i.e Deed of Sale, Deed of Donation, Deed of

20
Conveyance, etc.)
● OR/CR
● Sales invoice showing payment of VAT
● Proforma Invoice supported by a Sales Invoice
● Letter of credit from bank with attached Purchase Order supported
by a Sales Invoice
● Original Invoice with attached Packing List
● Bill of Lading

b. If leased, supported by all of the following:

● lease agreement between lessor and lessee,


● proof of ownership of the lessor, and
● certification of availability of equipment from the equipment
lessor for the duration of the project using the prescribed form in
Annex “B-2”; or

c. If under purchase agreement, supported by all of the following:

● Purchase Agreement between the bidder and the owner, and


● certification of availability of equipment from the vendor for the
duration of the project using the prescribed form in Annex
“B-3”..

Optional documents to be submitted:

1. Photo of the vehicle/equipment


2. Photo of body marking showing the capacity of the vehicle/equipment

The bidder may deploy additional equipment during implementation, if


necessary.

Details and particulars contained in all the supporting documents submitted for
each offered equipment must be consistent as represented by the bidder in all
other parts of their bid submission.

11.1 In addition to the Bid Form and Bill of Quantities, the following shall be
included in the Financial Component:

1. Detailed Cost Estimates prescribed in “Annex M”


2. Dayworks Schedule using the prescribed forms under “Annex N-1, N-2,
N-3, indicating the unit prices of construction materials, labor rates, and
equipment rentals used in coming up with the Bid considering 12% VAT;
and
3. Cash flow by Quarter using the form in Annex “O”.

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Notes:

1. Failure to submit dayworks and cash flow shall be grounds for


disqualification. See above forms at Section IX. Checklist of Technical
and Financial Documents.

2. Bidders with incomplete submission and/or omissions shall be


disqualified. (See Section 32.2.1 (a) of the RIRR of RA9184).

3. In filling out the bid form, bidders shall provide a discount offer in the
form of amount, in figures and in words, including its application and
methodology. In case of no discount offered, bidders shall write “None.”

4. For the bill of quantities, in case of any discrepancy/ies between the


editable (Excel) version and PDF version, the latter shall govern. The
BAC and Procuring Entity are not responsible for any omissions made
by the bidder in accomplishing this form.

12 Alternative bid is not allowed.

15.1 The bid security shall be in the form of a Bid Securing Declaration or any of
the following forms and amounts:

a. The amount of not less than Php 6,274,326.81,if bid security is in cash,
cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit;

b. The amount of not less than Php 15,685,817.03, if bid security is in


Surety Bond.

Note:
The Surety Bond must be submitted by the bidder together with a
certification issued by the Insurance Commission (IC) which shall
expressly state that the surety or insurance company is specially
authorized to issue surety bonds callable on demand and shall be valid
for one hundred twenty (120) days from the Bid Opening.

Further, we wish to note that since the surety bond required under
Section 15.1b is required to be project specific, the certification from
the Insurance Commission must also be project specific (GPPB NPM
17-2012).

19.2 Partial bids are not allowed.

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20 For purposes of Post-qualification, the following document(s) shall be required
to be submitted within five (5) calendar days from receipt of notice from the
BAC:

1. Income Tax Returns for year 2023 (BIR Form 1701 or 1702); and,

2. Latest Value Added Tax Returns (Forms 2550M and 2550Q) or


Percentage Tax Returns (Form 2551M) for the last six (6) months
before the deadline of the submission of bids. The income tax and
business tax returns stated above should have been filed through the
Electronic Filing and Payment System (eFPS).

N.B.

1. Documents submitted during post-qualification as part of


post-qualification documents must be certified by the authorized
representative to be true copy/ies of the original.

2. The following original document(s) shall be presented during the


conduct of Post-Qualification for verification and validation as stated
on Section 34.3 of the Revised IRR of RA9184:

a. Philgeps Registration Platinum Membership and Class “A”


eligibility documents.
b. Valid PRC licenses and other professional accreditation
certificates of the nominated key personnel.

Other documents shall also be presented during the conduct of


post-qualification such as, but not limited to:

a. Supporting documents included in the Statement of all on-going


contracts.
b. Compliance with labor legislations, i.e. proof of remittances, in
accordance with GPPB Circular No. 01-2008.
c. Certificate of accomplishments signed by the Owner or Owner's
Project Engineer for on-going projects.
d. Valid PRC license ID of key personnel assigned (if the bidder
opted to submit expired PRC license together with the proof of
renewal during the opening of bids).
e. Proof of capacity for the Post-Qualification of the submitted
minimum required equipment such as but not limited to any of
the following:
● Manufacturers’ Brochure
● Bill of Lading
● Valid OR/CR
● Sales invoice showing payment of VAT

23
● Proforma Invoice supported by a Sales Invoice
● Letter of credit from bank with attached Purchase Order
supported by a Sales Invoice
● Original Invoice with attached Packing List
f. Detailed As-Built Quantities of Single Largest Completed
Contract.

21 Additional contract documents relevant to the Project that may be required by


existing laws and/or the Procuring Entity, such as construction schedule and
S-curve, manpower schedule, construction methods, equipment utilization
schedule, construction safety and health program stamped “received” by the
DOLE, and other acceptable tools of project scheduling.

Note: Prior to contract implementation, the Contractor, including


Subcontractors, shall sign and abide by the Non-Disclosure Agreement with
BCDA. The contractor must also submit the Detailed Unit Price Analysis
within one month after the issuance of the Notice to Proceed to the winning
contractor

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Section IV. General Conditions of Contract

25
1. Scope of Contract

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

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

2. Sectional Completion of Works

If sectional completion is specified in the Special Conditions of Contract (SCC),


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

3. Possession of Site

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

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

4. The Contractor’s Obligations

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

26
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.

5. Performance Security

5.1. Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both
parties, the successful Bidder shall furnish the performance security in any of
the forms prescribed in Section 39 of the 2016 revised IRR.

5.2. The Contractor, by entering into the Contract with the Procuring Entity,
acknowledges the right of the Procuring Entity to institute action pursuant to
RA No. 3688 against any subcontractor be they an individual, firm,
partnership, corporation, or association supplying the Contractor with labor,
materials and/or equipment for the performance of this Contract.

6. Site Investigation Reports

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

7. Warranty

7.1. In case the Contractor fails to undertake the repair works under Section 62.2.2
of the 2016 revised IRR, the Procuring Entity shall forfeit its performance
security, subject its property(ies) to attachment or garnishment proceedings,
and perpetually disqualify it from participating in any public bidding. All
payables of the GOP in his favor shall be offset to recover the costs.

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


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

8. Liability of the Contractor

Subject to additional provisions, if any, set forth in the SCC, the Contractor’s liability
under this Contract shall be as provided by the laws of the Republic of the
Philippines.
If the Contractor is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.

9. Termination for Other Causes

27
Contract termination shall be initiated in case it is determined prima facie by the
Procuring Entity that the Contractor has engaged, before, or during the
implementation of the contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to corrupt, fraudulent,
collusive, coercive, and obstructive practices as stated in ITB Clause 4.

10. Dayworks

Subject to the guidelines on Variation Order in Annex “E” of the 2016 revised IRR of
RA No. 9184, and if applicable as indicated in the SCC, the Dayworks rates in the
Contractor’s Bid shall be used for small additional amounts of work only when the
Procuring Entity’s Representative has given written instructions in advance for
additional work to be paid for in that way.

11. Program of Work

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

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

12. Instructions, Inspections and Audits

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

13. Advance Payment

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

14. Progress Payments

28
The Contractor may submit a request for payment for Work accomplished. Such
requests for payment shall be verified and certified by the Procuring Entity’s
Representative/Project Engineer. Except as otherwise stipulated in the SCC,
materials and equipment delivered on the site but not completely put in place shall not
be included for payment.

15. Operating and Maintenance Manuals

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

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

29
Section V. Special Conditions of Contract

30
Special Conditions of Contract
GCC Clause

2 The intended completion date is on the 540th day upon receipt of the
Notice to Proceed (NTP).

3.1 The Procuring Entity shall give possession of all parts of the site to the
contractor.

6 No site investigation reports.

7.2 Five (5) years.

8 If the Contractor is a joint venture or consortium, all partners to the joint


venture or consortium shall be jointly and severally liable to the BCDA.

10 Dayworks are applicable at the rate shown in the Contractor’s original


Bid.

11.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within ten (10) days from receipt of the Notice
of Award.

11.2 The Program of Works shall be updated every thirty (30) days

13 The amount of the advance payment shall not be more than ten percent
(10%) of the contract price.

14 Materials and equipment delivered on the site but not completely put in
place and accepted by the Procuring Entity’s Representative shall not be
included for payment.

Payments can be made once a month, minimum of 5% of the contract


price, provided that the Contractor submits a Progress Billing or a
request for payment for work accomplished.

Payments are subject to applicable deductions under the IRR of RA9184

15.1 The Operating and Maintenance Manuals; and As-Built Drawings (One
Original in Mylar (size A1 and at least 75 microns), three (3) Blueprint
Copies (size A1 and 70 microns), Building Information Model (BIM)
and electronic file in USB) shall be submitted to and approved by the
Procuring Entity or its duly authorized representative before the issuance
of the Certificate of Completion.

31
15.2 The final payment shall be withheld for failing to submit the complete
set and copies of Operating and Maintenance Manuals, and As-Built
Drawings.

32
Section VI. Specifications
Due to large file format size, Specifications can be accessed through the link:

https://drive.google.com/drive/folders/1uNOTWdsUr97-7OB_It2HiSDWZ90TJXeC?
usp=drive_link

Hard copy of this Section will be provided upon purchase of the bidding document per
Invitation to Bid Item No. 5

33
Section VII. Drawings
Due to large file format size, Drawings can be accessed through the link:

https://drive.google.com/drive/folders/1ExQmvemy9yu9xNNPxG7m1-8Ggklii3Tk?u
sp=drive_link

Hard copy of this Section will be provided upon purchase of the bidding document per
Invitation to Bid Item No. 5

34
Section VIII. Bill of Quantities

Due to large file format size, Bill of Quantities can be accessed through the link:

In case of discrepancy/ies between the excel file and PDF format, the PDF format shall
prevail.

https://drive.google.com/drive/folders/1NpuYDvk04MugQf03p1oLzqna6neOzbh-?us
p=sharing

Hard copy of this Section will be provided upon purchase of the bidding document per
Invitation to Bid Item No. 5

35
Section IX. Checklist of Technical and Financial
Documents

36
Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

Legal Documents

⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (in compliance


with GPPB Resolution No. 15-2021);

Technical Documents

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

⬜ (c) Statement of the bidder’s Single Largest Completed Contract (SLCC) similar to the
contract to be bid, except under conditions provided under the rules
(The SLCC shall be supported by an Owner’s Certificate of Final Acceptance issued
by the project owner other than the contractor or a final rating of at least
“Satisfactory” in the Constructors Performance Evaluation System (CPES). In case
of contracts with the private sector, an equivalent document shall be submitted.
These supporting documents shall be numbered and tabbed in the same sequence as
the list of contracts appears in this statement.); and

⬜ (d) Special PCAB License in case of Joint Ventures/Consortium;


and registration for the type and cost of the contract to be bid (GPPB Resolution
No.15-2021); and

⬜ (e) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission;
or
Original copy of Notarized Bid Securing Declaration; and

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

⬜ a. Organizational chart for the contract to be bid; and

⬜ b. List of contractor’s key personnel to be assigned to the contract to be bid,


with their complete qualification and experience data (including the
prescribed curriculum vitae and photocopy of applicable
license/accreditation); and

⬜ c. List of contractor’s major equipment units, which are owned, leased, under
purchase agreements, supported by proof of ownership or certification of
availability of equipment from the equipment lessor/vendor for the duration
of the project, as the case may be; and

37
⬜ (g) Original notarized Omnibus Sworn Statement (OSS);

and

if applicable, Original Notarized Secretary’s Certificate in case of a corporation,


partnership, or cooperative;

or

Original Notarized Special Power of Attorney of all members of the joint venture
or consortium giving full power and authority to its officer to sign the OSS and do
acts to represent the Bidder.

Financial Documents

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

⬜ (i) The prospective bidder’s computation of Net Financial Contracting Capacity


(NFCC).

Class “B” Documents

⬜ (j) If applicable, duly signed joint venture agreement (JVA) or consortium agreement
in accordance with RA No. 4566 and its IRR for existing joint venture or
consortium

or

duly notarized statements from all the potential joint venture partners stating that
they will enter into and abide by the provisions of the Joint Venture Agreement in
case they win the bid.

II. FINANCIAL COMPONENT ENVELOPE

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

Other documentary requirements under RA No. 9184

⬜ (l) Original of duly signed Bid Prices in the Bill of Quantities; and

⬜ (m) Duly accomplished Detailed Cost Estimates Form; and

⬜ (n) Dayworks Schedule, indicating the unit prices of construction materials, labor
rates, and equipment; and

⬜ (o) Cash Flow by Quarter

38
Bidding Forms

39
Annex “A”

Bid Form for the Procurement of Infrastructure Projects


[shall be submitted with the Bid]
_________________________________________________________________________

BID FORM
Date : _________________

To: BCDA Bids and Awards Committee for Infrastructure

Having examined the Philippine Bidding Documents (PBDs) including the


Supplemental or Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly
acknowledged, we, the undersigned, declare that:

a. We have no reservation to the PBDs, including the Supplemental or Bid Bulletins,


for the Procurement Project: Construction of Perimeter Fence and Upgrading of
UN Avenue at Morong Discovery Park

b. We offer to execute the Works for this Contract in accordance with the PBDs;

c. The total price of our Bid in words and figures, excluding any discounts offered
below is: [total bid price in words] and [total bid price in figures];

d. The discounts offered and the methodology for their application are: [insert
percentage or amount; and information for their application];

e. The total bid price includes the cost of all taxes, such as, but not limited to:
(i) value added tax (VAT), (ii) income tax, (iii) local taxes, and (iv) other fiscal
levies and duties, which are itemized herein and reflected in the detailed estimates,

f. Our Bid shall be valid within the period stated in the PBDs, and it shall remain
binding upon us at any time before the expiration of that period;

g. If our Bid is accepted, we commit to obtain a Performance Security in the amount


of Thirty percent (30%) of the Contract Price for the due performance of the
Contract;

h. We are not participating, as Bidders, in more than one Bid in this bidding process,
other than alternative offers in accordance with the Bidding Documents;

i. We understand that this Bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract between
us, until a formal Contract is prepared and executed; and

40
j. We understand that you are not bound to accept the Lowest Calculated Bid or any
other Bid that you may receive.

k. We likewise certify/confirm that the undersigned, is the duly authorized


representative of the bidder, and granted full power and authority to do, execute
and perform any and all acts necessary to participate, submit the bid, and to sign
and execute the ensuing contract for the Construction of Perimeter Fence and
Upgrading of UN Avenue at Morong Discovery Park

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

Name: ___________________________________________________________________

Legal Capacity: ____________________________________________________________

Signature: ________________________________________________________________

Duly authorized to sign the Bid for and behalf of: _________________________________

Date: ___________________

41
Annex “B-1”

STATEMENT OF AVAILABILITY OF OWNED EQUIPMENT

[Date of Issuance]

To: BCDA Bids and Awards Committee for Infrastructure Projects

Dear _________________:

In compliance with the requirements of the BCDA Bids and Awards Committee for
Infrastructure Projects for the bidding of the Construction of Perimeter Fence and
Upgrading of UN Avenue at Morong Discovery Park (“the Project”), we hereby
certify the availability of the following equipment that is owned by [Name of Bidder]:

Equipment / Brand/ Capacity Number of Location Registered


Tools Model Units Owner

1.

2.

3.

4.

5.

6.

Very truly yours,

[Name and Signature of Bidder]


[Position]
[Name of Company]

42
Annex “B-2”

STATEMENT OF AVAILABILITY OF LEASED EQUIPMENT

[Date of Issuance]

To: BCDA Bids and Awards Committee for Infrastructure Projects

Dear _________________:

In compliance with the requirements of the BCDA Bids and Awards Committee for
Infrastructure Projects for the bidding of the Construction of Perimeter Fence and
Upgrading of UN Avenue at Morong Discovery Park (“the Project”), we hereby
certify the availability of the following equipment that is under lease agreement
between our company and [Name of Bidder]:

Equipmen Brand/ Capacity Number of Location Registered


t /Tools Model Units Owner

1.

2.

3.

4.

5.

6.

Very truly yours,

[Name and Signature of Equipment Lessor]


[Position]
[Name of Company]

43
Annex “B-3”

STATEMENT OF AVAILABILITY OF EQUIPMENT


UNDER PURCHASE AGREEMENT

[Date of Issuance]

To: BCDA Bids and Awards Committee for Infrastructure Projects

Dear _________________:

In compliance with the requirements of the BCDA Bids and Awards Committee for
Infrastructure Projects for the bidding of the Construction of Perimeter Fence and
Upgrading of UN Avenue at Morong Discovery Park (“the Project”), we hereby
certify the availability of the following equipment that is under purchase agreement
between our company and [Name of Bidder]:

Equipment /Tools Brand/Model Number of Units Capacity

1.

2.

3.

Very truly yours,

[Name and Signature of Equipment Vendor]

[Position]

[Name of Company]

44
Annex “C”
LIST OF KEY TECHNICAL PERSONNEL TO BE ASSIGNED TO THE PROJECT
Bidder : _________________________________________________
Project Deputy Highway/ Quantity Materials Safety and Pollution Site Site Site
Manager Project Road Surveyor Engineer Health Control Engineer 1 Engineer 2 Engineer 3
Manager Engineer II Officer Officer

Name

1. Address

2. Date of Birth

3. Education

4. PRC License No./ Accreditation


No. from DOLE (for the Safety and
Health Officer)/ DPWH
Accreditation No. (for the Materials
Engineer II)

5. Years of Experience in the


Nominated Position
Note:
A. This List must be supported by the following documents:
1. Individual CVs to show proof of the following:
a. that the proposed personnel meets the required profession and relative experience;
b. list of projects handled with the corresponding position and its inclusive years of experience (e.g., Construction of Road, Project Manager, 2012-2017)
2. Photocopy of PRC Licenses/Accreditation from DOLE or DPWH.
B. The details provided above shall be further validated with the submitted CVs. In case of discrepancies, the CV shall prevail.

Submitted by : ______________________________________________
(Printed Name & Signature of Authorized Representative)
Date : ___________________

45
Annex “D”

KEY TECHNICAL PERSONNEL


(FORMAT OF CURRICULUM VITAE)

Proposed Position: __________________________________________________________

Name of Firm/Entity/JV/Consortium: ______________________________________________

Name of Staff: ______________________________________________________________

Profession: _________________________________________________________________

Date of Birth: _________________________________Nationality: ____________________

Years with Firm/Entity: ____________ years, from [mm/dd/yy] to [mm/dd/yy]


*If a proposed key technical personnel is not an employee, state ‘Not Applicable’ in the ‘Years with Firm/Entity’

Current Position in the Firm:___________________________________________________


*If a proposed key technical personnel is not an employee, state ‘Not Applicable’ in the ‘Current Position in the Firm’

Membership in Professional Societies: __________________________________________

Detailed Tasks Assigned: _____________________________________________________

Education:
[Summarize college/university and other specialized education of staff members, giving names of schools, dates
attended, and degrees obtained. Use about one quarter of a page.]

Inclusive Dates
College/University Degree/Title Obtained
From To
(MM/DD/YY) (MM/DD/YY)

* Complete the details of the inclusive dates (month, day, and year)

Memberships in Professional Regulatory Body


[Give an outline of all memberships in PRC using the matrix below]

Name of Name of Professional Date of License/Registration Validity Date


Profession Regulatory Body Registration Number (MM/DD/YYYY)
(please do not abbreviate) (MM/DD/YYYY)

* Complete the details of the inclusive dates (month, day and year)

46
Relevant Work Experience:
[Provide outline of projects undertaken using the matrix below]
Project Project Project Position and Start Date End Date
Title Description Owner Description of the (MM/DD/YYYY) (MM/DD/YYYY)
Nature of Work/ Engagement
in the project

(latest/most
recent)

(previous)
*Rank from latest/most recent to previous project
* Complete the details of the inclusive dates (month, day, and year)

On-Going Projects
[Provide outline of on-going projects using the matrix below]
Project Project Project Position and Start Date End Date
Title Description Owner Description of the (MM/DD/YYYY) (MM/DD/YYYY)
Nature of
Work/ Engagement
in the project
(latest/most recent)

(previous)
*Rank from latest/most recent to previous on-going project
* Complete the details of the inclusive dates (month, day, and year)
____ _

Certification:

I, [full name of nominated key technical personnel], certify that to the best of my knowledge
and belief, these data correctly describe me, my qualifications, and my experience.

Commitment:

[Name of Bidder] certifies that [full name of nominated key technical personnel] is employed
or will be employed to work full-time once the Project is awarded to [Name of Bidder]. In
case that she/he has any other ongoing projects, she/he will be pulled out therein or replaced
with another [proposed position] of equal or better qualifications.

__________________________________________________________Date: __________________
[Signature over printed name of nominated key technical personnel]

__________________________________________________________Date: __________________
[Signature over printed name of authorized representative]

47
Annex “E”

LIST OF EQUIPMENT OWNED OR LEASED AND/OR UNDER PURCHASE AGREEMENT, PLEDGED TO THE PROPOSED PROJECT
Business Name : __________________________________________________
Business Address : __________________________________________________
Capacity/ Motor No./ Proof of Ownership/
Description Model/Year Plate No. Location Condition
Performance/Size Body No. Lease/Purchase
A. Owned1
i.
ii.
iii.

B. Leased2
i.
ii.
iii.

C. Under Purchase
Agreement3

i.
ii.
iii.
1
Please refer to BDS Section 10.5a for the list of acceptable supporting documents for owned equipment
2
Please refer to BDS Section 10.5b for the list of acceptable supporting documents for leased equipment
3
Please refer to BDS Section 10.5c for the list of acceptable supporting documents for equipment under purchase agreement

Submitted by : ______________________________________________
(Printed Name & Signature of Authorized Representative)
Date : _______________________________________

48
Annex “F”
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)

Date: ____________

BCDA Bids and Awards Committee for Infrastructure

Dear_____________,

In compliance with the eligibility requirements for the bidding of Construction of Perimeter Fence and Upgrading of UN Avenue at Morong
Discovery Park, this is to certify that [name and complete address of Bidder] has the following completed government and private contracts:

Tab Name of Date of Contract Owner’s Nature Contractor’s Role Total Contract Date of Total Contract Value at Percentages of Value of
No. Contract Contract Duration Name and of Work (whether sole contractor, or Value at Award Completion Completion, if Planned & Actual Outstanding
Address partner in a JV) (in PhP) applicable (in PhP) Accomplishments, if Works, if
applicable applicable
(in PhP)

Yours sincerely,

[Signature over printed name of Authorized Representative]


[Title]
[Name of Firm]

49
Annex “G”

STATEMENT OF ALL ON-GOING GOVERNMENT AND PRIVATE CONTRACTS,


INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED, IF ANY

Date: ____________

BCDA Bids and Awards Committee for Infrastructure

Dear_____________,

In compliance with the eligibility requirements for the bidding of Construction of Perimeter Fence and Upgrading of UN Avenue at Morong Discovery Park , this is to certify
that [name and complete address of Bidder] has the following on-going government and private contracts. [Including contracts awarded but not yet started]:

Tab Name of Date of Contract Owner’s Nature Contractor’s Role Total Contract [Estimated] Total Contract Value at Percentages of Value of
No. Contract Contract Duration Name and of Work (whether sole contractor, Value at Award Date of Completion, if Planned & Actual Outstanding
Address subcontractor or partner (in PhP) Completion applicable Accomplishment, if Works, if
in a JV) (in PhP) applicable applicable
(in PhP)

Yours sincerely,

[Signature over printed name of Authorized Representative]


[Title]
[Name of Firm]

50
Annex “H”
OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES )


CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address
of Affiant], after having been duly sworn in accordance with law, do hereby depose and state
that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of


[Name of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized


and designated representative of [Name of Bidder] with office address at [address of
Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor or authorized representative


of [Name of Bidder], I have full power and authority to do, execute and perform any
and all acts necessary to participate, submit the bid, and to sign and execute the
ensuing contract for [Name of the Project] of the [Name of the Procuring Entity]
[insert “as shown in the attached duly notarized Special Power of Attorney” for the
authorized representative];

If a partnership, corporation, cooperative, or joint venture: I am granted full power


and authority to do, execute and perform any and all acts necessary to participate,
submit the bid, and to sign and execute the ensuing contract for [Name of the Project]
of the [Name of the Procuring Entity], accompanied by the duly notarized Special
Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate,
whichever is applicable;

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of


the Philippines or any of its agencies, offices, corporations, or Local Government
Units, foreign government/foreign or international financing institution whose
blacklisting rules have been recognized by the Government Procurement Policy
Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an


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

51
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project Management Office
or the end-user unit, and the project consultants by consanguinity or affinity up to the
third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of


Bidder] is related to the Head of the Procuring Entity, members of the Bids and
Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat,
the head of the Project Management Office or the end-user unit, and the project
consultants by consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling


stockholders of [Name of Bidder] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group,
and the BAC Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the third civil
degree;

7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a


Bidder:

a) Carefully examine all of the Bidding Documents;


b) Acknowledge all conditions, local or otherwise, affecting the implementation
of the Contract;
c) Made an estimate of the facilities available and needed for the contract to be
bid, if any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the
Project].

9. [Name of Bidder] can receive procurement-related notices through the email address
provided below and such notices are automatically deemed received without the need
for a confirmation or acknowledgement:

Email Address : __________________________________


Authorized Representative : __________________________________

10. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to any person or official,

52
personnel or representative of the government in relation to any procurement project
or activity.

11. In case advance payment was made or given, failure to perform or deliver any of the
obligations and undertakings in the contract shall be sufficient grounds to constitute
criminal liability for Swindling (Estafa) or the commission of fraud with
unfaithfulness or abuse of confidence through misappropriating or converting any
payment received by a person or entity under an obligation involving the duty to
deliver certain goods or services, to the prejudice of the public and the government of
the Philippines pursuant to Article 315 of Act No. 3815 s. 1930, as amended, or the
Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.

_____________________________________
Bidder’s Representative/Authorized Signatory

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place
of execution], Philippines. Affiant/s is/are personally known to me and was/were identified
by me through competent evidence of identity as defined in the 2004 Rules on Notarial
Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government
identification card used], with his/her photograph and signature appearing thereon, with no.
________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC


Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
MCLE No. __

Doc. No. ___


Page No. ___
Book No. ___
Series of ____

53
Annex “I”
Commitment to Execute a Joint Venture Agreement
__________________________________________________________________________________

REPUBLIC OF THE PHILIPPINES )


CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

We, the affiants named below, of legal age, after having been duly sworn to in accordance with law,
do hereby depose and state that:

1. We are the duly authorized and designated representatives of the following entities that intend to
participate in the [Name of the Project] of the [Name of the Procuring Entity] as a Joint Venture:

Name of Joint Venture Partners Percentage of Participation

2. We are granted full power and authority to form a Joint Venture and enter into a Joint Venture
Agreement and perform any and all acts necessary to participate, submit, and to sign and execute
this commitment, as shown in the attached [state title of attached document showing proof of
authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership Resolution, or
Special Power of Attorney, whichever is applicable;)];

3. We will enter into and abide by the provisions of the JVA, as prescribed in Annex I-1 of the
Bidding Documents, and perform the obligations under the contract as a Joint Venture in the
instance that the bid is awarded to us; and

4. We will comply with the submission of required documents under Sec. 37.1.4 of the revised
Implementing Rules and Regulations of Republic Act No. 9184 otherwise known as the
Government Procurement Reform Act as a Joint Venture.

5. The affiants have no further statements.

IN WITNESS WHEREOF, we have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.

NAME OF AUTHORIZED NAME OF AUTHORIZED


REPRESENTATIVE REPRESENTATIVE

[Designation] [Insert signatory’s legal capacity]


[Name of Company] [Name of Company]

Affiant Affiant
[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]
54
Annex “J”

JOINT VENTURE/ CONSORTIUM AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This JOINT VENTURE/ CONSORTIUM AGREEMENT (hereinafter referred to as the


“Agreement”), entered into this _______ day of _________ 20__ at __________ City,
Philippines by and among:

__________________________. a domestic corporation duly organized, registered and


existing under and by virtue of the laws of the Republic of the Philippines, with office
address at __________________________, represented by its _____________,
_______________, hereinafter referred to as “____________”;
- and -

________________________________. a domestic corporation duly organized, registered


and existing under and by virtue of the laws of the Republic of the Philippines, with office
address at __________________________________________, represented by its
____________________, ____________________, hereinafter referred to as
“_______________”;

- and -

_____________________________________________________ a foreign corporation


organized and existing under and by virtue of the laws of __________________, represented
by its ________________, ____________________, hereinafter referred to as
“_______________”;

(Henceforth collectively referred to as the “Parties”

WITNESSETH: That

WHEREAS, BCDA has recently published an Invitation to Apply for Eligibility and
to Bid for the Supply and Delivery of ___________________ for the __________________ ;

WHEREAS, the parties have agreed to pool their resources together to form the
“_________________Joint Venture/Consortium”, hereinafter referred to as the Joint
Venture/Consortium, under the laws of the Philippines, for the purpose of participating in the
abovementioned procurement of BCDA;

NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants hereto set forth, the Parties have agreed as follows:

55
ARTICLE I

ORGANIZATION OF THE JOINT VENTURE/CONSORTIUM

SECTION 1. Formation – The Parties do hereby agree and bind themselves to establish,
form and organize a Joint Venture pursuant to the laws of the Republic of the Philippines, in
order for the JV to carry on the purposes and objectives for which it is created;

SECTION 2. Name – The name and style under which the JV/Consortium shall be
conducted is “_________________”;

SECTION 3. Principal Place of Business – The JV/Consortium shall maintain its principal
place of business at ___________________________________________________________
;

SECTION 4. Preparation and Documentation – The Parties shall secure and/or execute
such certifications, documents, deeds and instruments as may be required by the laws of the
Republic of the Philippines for the realization of the JV/Consortium and in compliance with
the Project. Further, they shall do all other acts and things requisite for the continuation of
the JV/Consortium pursuant to applicable laws;

SECTION 5. The Joint Venture/Consortium shall be represented by the _______ in all


biddings, related procurement transactions and other official dealings that it shall enter into
with BCDA and third parties, such transactions to include, among others, the submission of
eligibility documents, bids, registration documents obtaining bonds, performing the principal
contract in the event that the contract is awarded in favor of the Joint Venture/Consortium,
receipt of payment for goods delivered, and similar and related activities.

SECTION 6. The period of the Joint Venture/Consortium shall begin upon execution of this
Agreement and shall continue until the complete performance of its contractual obligations to
BCDA, as described in Article II hereof, or upon its termination for material breach of any
term or condition of this Agreement, by service of a written statement in English on the other
Party, not less than 90 days prior to the intended date termination

ARTICLE II
PURPOSE

SECTION 1. The primary purpose of the Joint Venture/Consortium is to participate in the


public bidding to be conducted by the BCDA Bids and Awards Committee for the supply and
delivery of ________________________ for the _____________________ .

SECTION 2. If the above-described contract/s is/are awarded to the Joint


Venture/Consortium, the Joint Venture/Consortium shall undertake the performance thereof to
BCDA, and such other incidental activities necessary for the completion of its contractual
obligations.

56
ARTICLE III
SOLIDARY LIABILITY OF THE PARTIES

SECTION 1. In the performance of the contract/s that may be awarded to the Joint
Venture/Consortium by BCDA, and all other related activities/obligations, as described in
Article II hereof, the Parties bind themselves jointly and solidarily, in the concept of
solidarily debtors, subject to the right of reimbursement, as provided in the relevant
provisions of the Civil Code of the Philippines.

ARTICLE IV
CONTRIBUTION AND OTHER ARRANGEMENTS

SECTION 1. Contribution – The Parties shall contribute the amount of


____________________________ (Php ) to support the financial requirements of the
Joint Venture/Consortium, in the following proportion:

A. - P .00
B. - P .00

TOTAL P .00

Additional contributions to the Joint Venture/Consortium shall be made as may be required


for contract implementation. In addition, ____ shall contribute any labor and contract
management requirements.

SECTION 2. Profit Sharing – The share of the Parties to the JV/Consortium from any profit
derived or obtained from the implementation and execution of the Project shall be distributed
pro rata to each, in accordance with the contribution and resources each has provided to the
JV/Consortium;

SECTION 3. Liquidation and Distributions – Any sum remaining after deducting from the
total of all moneys or benefits received for the performance of the contract, all costs incurred
by the JV/Consortium after award of the contract for the Project pursuant to the accounting
practices established for the JV/Consortium, shall be distributed in accordance with the
relative balances in the accounts of each Party pursuant to Sec.1 of this Article upon
completion, final accounting, termination and liquidation of the JV/Consortium. In the event
of liquidation and termination of JV/Consortium, and after taking into account the shares of
the Parties in all income, gain, deductions, expenses, and losses, should the account of a Party
contain a negative balance, such Party shall contribute cash to the JV/Consortium sufficient
to restore the said balance to zero;

SECTION 4. Sharing of Burden of a Net Loss – In case a net loss is incurred, additional
contributions shall be made by the Parties in accordance with their respective shares.

57
ARTICLE V
MISCELLANEOUS PROVISIONS

SECTION 1. The provisions of the Instructions to Bidders, Supplemental Bid Bulletin, and
other bidding documents issued by BCDA in relation to the contract described in Article II
hereof, shall be deemed incorporated in this Agreement and made an integral part thereof.

SECTION 2. This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors and assigns.

SECTION 3. The Parties herein are duly represented by their authorized officers.

SECTION 4. Governing Law - This Agreement shall be governed by and construed


according to the laws of the Republic of the Philippines. Venue of any court action arising
from this Agreement shall be exclusively laid before the proper court of the ____________,
Philippines.

IN WITNESS WHEREOF, the parties have set their hands and affixed their signatures on the
date and place first above-stated.

______________________________ ______________________________
______________________________ ______________________________

________________________________
________________________________

Signed in the Presence of:

__________________________________
__________________________________

58
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


CITY/MUNICIPALITY OF ____________) S.S.
PROVINCE OF (in the case of Municipality)

BEFORE ME, a Notary Public for and in the City/Municipality of ___(indicate also the
Province in the case of Municipality___, this _______ day of __(month & year)__
personally appeared the following:

Name ID Name, Number and Validity Date

Known to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledge to me that the same is their free and voluntary act and deed
and that of the corporation(s) they represent.

This instrument refers to a Joint Venture/Consortium Agreement consisting of


_______ pages, including the page on which this Acknowledgement is written, and signed by
the parties and their instrumental witnesses.

WITNESS MY HAND AND NOTARIAL SEAL on the place and on the date first
above written.

_______________________
(Notary Public)

Until
PTR No.
Date
Place
TIN
IBP
Doc. No. ;
Page No. ;
Book No. ;
Series of 20__.

Note: The competent evidence of identity for Notary shall comply with Sec. 12 (a), Rule II of the 2004 Rules on Notarial
Practice. “Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of identity” refers to the
identification of an individual based on at least one current identification document issued by an official agency bearing
the photograph and signature of the individual, such as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card,
Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman’s book,
alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National
Council for the Welfare of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD)
certification;
59
Annex “K”

REPUBLIC OF THE PHILIPPINES )


CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

BID SECURING DECLARATION

To: BCDA Bids and Awards Committee for Infrastructure

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any
contract with any procuring entity for a period of two (2) years upon receipt of your
Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section 6
of the Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days
from receipt of written demand by the procuring entity for the commission of acts
resulting to the enforcement of the bid securing declaration under Sections 23.1(b),
34.2, 40.1 and 69.1, except 69.1 (f), of the IRR of RA 9184; without prejudice to
other legal action the government may undertake:

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the
following circumstances:

(a) Upon expiration of the bid validity period, or any extension thereof pursuant to
your request;

(b) I am/we are declared ineligible or post-disqualified upon receipt of your notice
to such effect, and (i) I/we failed to timely file a request for reconsideration or
(ii) I/we filed a waiver to avail of said right;

(c) I am/we are declared as the bidder with the Lowest Calculated Responsive Bid,
and I/we have furnished the performance security and signed the Contract.

60
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]


[Insert signatory’s legal capacity]

Affiant

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of


execution], Philippines. Affiant/s is/are personally known to me and was/were identified by
me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice
(A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government
identification card used], with his/her photograph and signature appearing thereon, with no.
______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC


Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

61
Annex “L”

CONTRACT FOR THE CONSTRUCTION OF PERIMETER FENCE AND


UPGRADING OF UN AVENUE AT MORONG DISCOVERY PARK

THE PUBLIC IS INFORMED:

This Contract is executed between:

BASES CONVERSION AND DEVELOPMENT AUTHORITY, a government


instrumentality vested with corporate powers, created by virtue of Republic Act No. 7227, as
amended, with principal office address at the BCDA Corporate Center, 2nd Floor Bonifacio
Technology Center, 31st Street corner 2nd Avenue, Bonifacio Global City, Taguig City,
represented herein by its President and CEO, ________________________, who is duly
authorized for this purpose as evidenced by the _____________ dated ________________, a
certified true copy of which is hereto attached as Annex “A” and made an integral part
hereof, hereinafter referred to as "BCDA";
- and –

_________________________, a private corporation duly organized and existing under the


laws of the Republic of the Philippines, with office address at
_________________________,
represented herein by its _____________, _____________________, who is duly authorized
for this purpose as evidenced by a Secretary’s Certificate dated ___________, a copy of
which is hereto attached as Annex “B”, hereinafter referred to as “Contractor”.

Individually referred to as “Party” and collectively as “Parties”,

ANTECEDENTS

BCDA is desirous that the Contractor execute the Construction of Construction of Perimeter
Fence and Upgrading of UN Avenue at Morong Discovery Park (hereinafter called “the
Works”) and BCDA has accepted the Bid for ____________________ by the Contractor for
the execution and completion of such Works and the remedying of any defects therein.

ACCORDINGLY, the Parties agree as follows:

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

2. The following documents as required by the 2016 revised Implementing Rules and
Regulations of Republic Act No. 9184 shall be deemed to form and be read and construed
as part of this Contract, vis .:

a. Philippine Bidding Documents (PBDs);

i. Drawings/Plans;

62
ii. Specifications;
iii. Bill of Quantities;
iv. General and Special Conditions of Contract;
v. Supplemental or Bid Bulletins, if any;

b. Winning bidder’s bid, including the Eligibility requirements, Technical and


Financial Proposals, and all other documents or statements submitted;

Bid form, including all the documents/statements contained in the Bidder’s


bidding envelopes, as annexes, and all other documents submitted (e.g.
Bidder’s response to request for clarifications on the bid), including
corrections to the bid, if any, resulting from the BCDA’s bid evaluation;

c. Performance Security;

d. Notice of Award of Contract and the Bidder’s conforme thereto; and

e. Other contract documents that may be required by existing laws and/or the
Procuring Entity concerned in the PBDs. Winning bidder agrees that
additional contract documents or information prescribed by the GPPB
that are subsequently required for submission after the contract execution
such as the Notice to Proceed, Variation Orders, and Warranty Security,
shall likewise form part of the Contract.

3. In consideration for the sum of ____________________ or such other sums as may be


ascertained, the Contractor agrees to execute the Construction of Perimeter Fence and
Upgrading of UN Avenue at Morong Discovery Park in accordance with his/her/its Bid.

4. The BCDA agrees to pay the above-mentioned sum in accordance with the terms of the
Bidding.

5. Any amendment, modification or additional terms and conditions to this Contract shall be
made in writing and executed with the same formalities hereof.

SIGNED BY THE PARTIES on _________________ in Taguig City, Philippines.

BASES CONVERSION AND


DEVELOPMENT AUTHORITY ____________________
By:

JOSHUA M. BINGCANG ____________________


President and CEO

Signed in the presence of:

GISELA Z. KALALO
Executive Vice President

63
ACKNOWLEDGMENT

Republic of the Philippines)


Taguig City ) ss.

BEFORE ME, a Notary Public, for and in Taguig City, personally appeared the following:

Name Government Issued ID Date/Place Issued

known to me to be the same persons who executed the foregoing instrument and they
acknowledge to me that their signatures confirm their own free acts and the entities they
represent.

SIGNED AND SEALED on _____________ in Taguig City, Philippines.

Doc. No.
Page No.
Book No.
Series of 2024

64
Annex “M”

FORM FOR DETAILED COST ESTIMATES


(See attached separate Volume)

Due to large file format size, Detailed Estimates Form can be accessed through the link:

In case of discrepancy/ies between the excel file and PDF format, the PDF format shall
prevail.

https://drive.google.com/drive/folders/1VU9ks_XZUDNiP_6OmUANTVwjS__LJpe
D?usp=drive_link

Hard copy of this Section will be provided upon purchase of the bidding document per
Invitation to Bid Item No. 5

65
Annex “N-1”

DAYWORKS SCHEDULE

LABOR

Project Name: Construction of Perimeter Fence and Upgrading of UN Avenue at Morong


Discovery Park

NO. TYPE OF LABOR UNIT RATE

10

66
Annex “N-2”

DAYWORKS SCHEDULE

MATERIALS

Project Name:Construction of Perimeter Fence and Upgrading of UN Avenue at Morong


Discovery Park

NO. TYPE OF MATERIALS UNIT RATE

10

67
Annex “N-3”

DAYWORKS SCHEDULE

EQUIPMENT

Project Name: Construction of Perimeter Fence and Upgrading of UN Avenue at Morong


Discovery Park

NO. TYPE OF EQUIPMENT UNIT RATE

10

68
Annex “O”

CASHFLOW BY QUARTER

Particulars Advance 1st 2nd 3rd 4th 5th 6th Total


Payment Quarter Quarter Quarter Quarter Quarter Quarter

Accomplishment

Cash flow

Cumulative
Accomplishment

Recoupment

Cumulative Cashflow

[Signature over printed name of Authorized Representative]


[Title]
[Name of Firm]

69
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