PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Construction of the
Learning Commons
Annex Phase 1,
UP Cebu
Government of the Republic of the Philippines

Sixth Edition
July 2020
 TABLE OF CONTENTS

Glossary of Terms, Abbreviations, and Acronyms 5

Section I. Invitation to Bid 6
Section II. Instructions to Bidders 8
1. Scope of Bid 8
2. Funding Information 8
3. Bidding Requirements 8
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices 9
5. Eligible Bidders 9
6. Origin of Associated Goods 9
7. Subcontracts 9
8. Pre-Bid Conference 10
9. Clarification and Amendment of Bidding Documents 10
10. Documents Comprising the Bid: Eligibility and Technical Components 10
11. Documents Comprising the Bid: Financial Component 11
12. Alternative Bids 11
13. Bid Prices 11
14. Bid and Payment Currencies 11
15. Bid Security 11
16. Sealing and Marking of Bids 11
17. Deadline for Submission of Bids 12
18. Opening and Preliminary Examination of Bids 12
19. Detailed Evaluation and Comparison of Bids 12
20. Post Qualification 12
21. Signing of the Contract 13
Section III. Bid Data Sheet 14
Section IV. General Conditions of Contract 16
1. Scope of Contract 16
2. Sectional Completion of Works 16
3. Possession of Site 16
4. The Contractor’s Obligations 16
5. Performance Security 17
 6. Site Investigation Reports 17
7. Warranty 17
8. Liability of the Contractor 17
9. Termination for Other Causes 17
10. Dayworks 18
11. Program of Work 18
12. Instructions, Inspections and Audits 18
13. Advance Payment 18
14. Progress Payments 18
15. Operating and Maintenance Manuals 18

Section V. Special Conditions of Contract 20

Section VI. Specifications 21
Section VII. Drawings 22
Section VIII. Bill of Quantities 22
Section IX. Checklist of Technical and Financial Documents 23

ANNEXES 24
 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])

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.

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]).
4
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.

PhilGEPS - Philippine Government Electronic Procurement System.

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

project 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.

5
 Section I. Invitation to Bid

Invitation to Bid for the Construction of the Learning Commons

Annex Phase 1, UP Cebu

1. The University of the Philippines Cebu through the GAA 2021 - FLR intends to apply
the sum of Thirty Million Pesos (Php 30,000,000.00) being the Approved Budget for
the Contract (ABC) to payments under the contract for the Construction of the
Learning Commons Annex Phase 1, UP Cebu Bids received in excess of the ABC
shall be automatically rejected at bid opening.

2. The University of the Philippines Cebu now invites bids for the above Procurement
Project. Completion of the Works is required One Hundred Eighty Days (180 days).
Bidders should have completed a contract similar to the Project. The description of an
eligible bidder is contained in the Bidding Documents, particularly, in Section II
(Instructions to Bidders).

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

4. Interested bidders may obtain further information from the Bids and Awards
Committee Office Rm 207, University of the Philippines Cebu, Administration
Building, Gorordo Ave., Lahug Cebu City and inspect the Bidding Documents at the
address given below from 8:00AM – 5:00 PM.

5. A complete set of Bidding Documents may be acquired by interested bidders on May

5, 2021 from given address and website Invitation to Bid: Construction of the
Learning Commons Annex Phase 1, UP Cebu and upon payment of the applicable
fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB,
in the amount of Thirty Thousand Pesos Only (Php 30,000.00) .The Procuring Entity
shall allow the bidder to present its proof of payment for the fees to the BAC Secretariat
at the office address specified above or through facsimile through (032) 233-349 local
102 or through email to [email protected]

6. The University of the Philippines Cebu will hold a Pre-Bid Conference on May 12,
2021, 10:00 AM at the BAC Office Rm.207 Administration Building UP Cebu,
Gorordo Ave., Lahug Cebu City and through videoconferencing/webcasting via Zoom
which shall be open to prospective bidders. To join see details below:
https://up-edu.zoom.us/j/87072858228

Meeting ID: 870 7285 8228

6
 Passcode: 74742658

7. Bids must be duly received by the BAC Secretariat through manual submission at the
office address as indicated below, on or before May 26, 2021, 10:00AM. Late bids shall
not be accepted.

8. All bids must be accompanied by a bid security in any of the acceptable forms and in
the amount stated in ITB Clause 16.

9. Bid opening shall be on May 26, 2021, 10:00AM at the given address below:

BAC Office Rm.207 Administration Building UP Cebu, Gorordo Ave., Lahug Cebu City
and through videoconferencing/webcasting via Zoom, see below for details:

https://up-edu.zoom.us/j/84906119207

Meeting ID: 849 0611 9207

Passcode: 46231570

Bids will be opened in the presence of the bidders’ representatives who choose to attend
the activity.

10. Bidders will be required to submit a soft copy of their bids in pdf format to be submitted
via email together with the physical copy thereof.

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

12. For further information, please refer to:

MR. MARLON R. UBALDO

Chairperson, BAC Secretariat
BAC Office, Rm 207, Administration Building UP Cebu Gorordo Ave.,
Lahug Cebu City
[email protected]
(032) 233-3497 local 102

13. You may visit the following websites: https://www.upcebu.edu.ph/

For downloading of Bidding Documents you may access it through: https://www.philgeps.gov.ph/

Dr. Lorel S. Dee

BAC Chair
7
 Section II. Instructions to Bidders

1. Scope of Bid

The Procuring Entity, University of the Philippines Cebu invites Bids for the
Construction of the Learning Commons Annex Phase 1, UP Cebu, with Project
Identification Number I-2021- 001.

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 for GAA 2021 - FLR in the
amount of Thirty Million Pesos (Php 30,000,000).

2.2. The source of funding is:

NGA, the General Appropriations Act or Special Appropriations.

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.

8
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices
The Procuring Entity, as well as the Bidders and Contractors, shall observe the highest standard
of ethics during the procurement and execution of the contract. They or through an agent shall
not engage in corrupt, fraudulent, collusive, coercive, and obstructive practices defined under
Annex “I” of the 2016 revised IRR of RA No. 9184 or other integrity violations in competing for
the Project.

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

5.2. The Bidder must have an experience of having completed a Single Largest Completed
Contract (SLCC) that is similar to this Project, 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. The portions of Project and the maximum percentage

allowed to be subcontracted are indicated in the BDS, which shall not exceed fifty
percent (50%) of the contracted Works.

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

9
 7.2. Subcontracting of any portion of the Project does not relieve the Contractor of any liability
or obligation under the Contract. The Supplier will be responsible for the acts, defaults,
and negligence of any 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 BAC Office Rm 207 2nd Flr. UP Cebu Administration Building,
Gorordo Ave., Lahug Cebu City and/or through videoconferencing/webcasting through Zoom as
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. 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.

10
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.

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 until September 23, 2021. 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.
11
 If the Procuring Entity allows the submission of bids through online submission to the given
website or any other electronic means, the Bidder shall submit an electronic copy of its Bid, which
must be digitally signed. An electronic copy that cannot be opened or is corrupted shall be
considered non-responsive and, thus, automatically disqualified.

17. Deadline for Submission of Bids

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

18. Opening and Preliminary Examination of Bids

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

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

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

19. Detailed Evaluation and Comparison of Bids

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

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

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

20. Post Qualification

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

21. Signing of the Contract

12
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.

13
 Section III. Bid Data Sheet
Bid Data Sheet
ITB Clause
5.2 For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:
General construction
7.1 Subcontracting for HVAC, structured cabling and FDAS is allowed but shall
not exceed 50% of the total works in the contract
10.3 N/A

10.4 The key personnel must meet the required minimum years of experience set
below:
Key Personnel General Experience Relevant Experience
One (1) Project at least 7 years at least 7 years
Manager/Engineer
One (1) Project
Manager/Engineer
One (1) Safety Engineer
Two (2) Civil/
Structural
Engineer (CE/SE)
Two (2) Mechanical
Engineer, RME or
PME
Two (2) Sanitary Engineer
Engineer 2 (SO2)
Two (2) Electrical Engineer
(REE or PEE)
Four (4) Administrations Staff
(4 staff- Document Controllers, Purchasers, etc.)

10.5 The minimum major equipment requirements are the following:

Equipment Capacity Number of Units

Backhoe 1
Tamper Rammer Compactor 1
Truck 1
Bagger Mixer 1
Welding Machines as many as needed
Hoist Machine/Lifter 1
Construction Tools as many as needed
Ready Mix Concrete
(Pumpcrete or Stationary) 1
With Concrete Vibrator
12 N/A

14
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 Six Hundred Thousand Pesos (Php
600,000.00), 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 One Million Five Hundred Thousand
Pesos only (Php 1,500,000.00) if bid security is in Surety Bond.
19.2 Partial Bid is not allowed.
20 PCAB license must be at least category A
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 approved by the DOLE, and
other acceptable tools of project scheduling.

15
 Section IV. General Conditions of Contract

1. Scope of the 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.
b.
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
4.1. 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.

4.2. 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.
16
 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

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.
17
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

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

18
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.

19
 Section V. Special Conditions of Contract
Special Conditions of Contract
GCC Clause
2 Completion of the project shall not be later than One Hundred
Eighty (180) days after receipt of NTP.
4.1 Possession of the sites will be turned over to the contractor upon
issuance of NTP.
6 The site investigation reports are:
Laboratory Compaction Characteristics of Soil Using Standard Effort
Density of Soil in Place by the Sand Cone Method
Laboratory Compaction Characteristics of Soil Using Modified Effort
Classification of Soilsfor Engineering Purposes (Unified Soil
Classification System)
7.2 Fifteen (15) years

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 15 days of delivery of the Notice of
Award.
11.2 The amount to be withheld for late submission of an updated Program of
Work is one tenth (1/10) of one (1) percent of the project cost per day of
delay.
13 The amount of the advance payment is 15% of contract price and
succeeding payments shall be made per progress billing approved by
PE.
14 Materials and equipment delivered on the site but not completely put in
place shall be included for payment.
15.1 As Built Drawings shall be required. These are to be submitted upon
receipt of Certificate of Completion.
15.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is 5% of
project construction cost.

20
 Section VI. Specifications
Refer to the following Annexes:
Annex 1: Scope of Work
Annex 2 - Technical Specifications on Structural Calculations
Annex 3 - Technical Specifications on Structural Annex
Annex 4 - Technical Specifications on Electrical Design Analysis Annex
Annex 5 - Technical Specifications on Plumbing Calculations Annex
Annex 6 - Technical Specifications on Architectural Annex
Annex 7 - Technical Specifications on Auxiliary Annex
Annex 8 - Technical Specifications on Civil Annex
Annex 9 - Technical Specifications on Electrical
Annex 10 - Technical Specifications on Fire Protection
Annex 11 - Technical Specification on Mechanical
Annex 12 - Technical Specifications on Plumbing

21
 Section VII. Drawings
Please refer to Annex 13 for reference drawings.

Section VIII. Bill of Quantities

Please refer to Annex 14 for the Bill of Quantities.
Please refer to Annex 15 for the Removed Items from the Bill of Quantities

22
Section IX. Checklist of Technical and Financial
Documents

Checklist of Technical and Financial Documents

I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages);
or
⬜ (b) Registration certificate from Securities and Exchange Commission (SEC),
Department of Trade and Industry (DTI) for sole proprietorship, or
Cooperative Development Authority (CDA) for cooperatives or its equivalent
document;
and
⬜ (c) Mayor’s or Business permit issued by the city or municipality where the
principal place of business of the prospective bidder is located, or the
equivalent document for Exclusive Economic Zones or Areas;
and
⬜ (e) Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approved by
the Bureau of Internal Revenue (BIR).

Technical Documents
⬜ (f) 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
⬜ (g) Statement of the bidder’s Single Largest Completed Contract (SLCC) similar
to the contract to be bid, except under conditions provided under the rules;
and
⬜ (h) Philippine Contractors Accreditation Board (PCAB) License;
or
Special PCAB License in case of Joint Ventures;
and registration for the type and cost of the contract to be bid; and
⬜ (i) 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
(j) Project Requirements, which shall include the following:
⬜ a. Organizational chart for the contract to be bid;
⬜ b. List of contractor’s key personnel (e.g., Project Manager, Project
Engineers, Materials Engineers, and Foremen), to be assigned to the
contract to be bid, with their complete qualification and experience
data;
23
 ⬜ c. List of contractor’s major equipment units, which are owned, leased,
and/or under purchase agreements, supported by proof of ownership or
certification of availability of equipment from the equipment
lessor/vendor for the duration of the project, as the case may be; and
⬜ (k) Original duly signed Omnibus Sworn Statement (OSS);
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.

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

Class “B” Documents

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

II. FINANCIAL COMPONENT ENVELOPE

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

Other documentary requirements under RA No. 9184

⬜ (p) Original of duly signed Bid Prices in the Bill of Quantities; and
⬜ (q) Duly accomplished Detailed Estimates Form, including a summary sheet
indicating the unit prices of construction materials, labor rates, and equipment
rentals used in coming up with the Bid; and
⬜ (r) Cash Flow by Quarter.

24
ANNEXES:

25