DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

PROCURING ENTITY: REGIONAL OFFICE I

BIDDING DOCUMENTS

FOR

PROCUREMENT ID/CONTRACT ID: 21A00064

CONTRACT NAME: Construction of Missing Links/ New Roads -

Piddig-Carasi-Calanasan Road, Ilocos Norte

Date of Opening of Bids: November 18, 2020

Start Date for Issuance

of Bidding Documents: October 27, 2020 – November 18, 2020

1
 TABLE OF CONTENTS

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

ANNEX II-1.1B : Section II. Eligibility Requirements (ER) ……………….. 10
ANNEX II-1.1C : Section III. Eligibility Data Sheet (EDS) ……………….. 18
ANNEX II-1.1D: Section IV. Instructions to Bidders (ITB) ……………… 20
ANNEX II-1.1E : Section V. Bid Data Sheet (BDS) ……………………… 57
ANNEX II-1.1F : Section VI. General Conditions of Contract (GCC) …... 61
ANNEX II-1.1G: Section VII. Special Conditions of Contract (SCC) …... 98
ANNEX II-1.1H: Section VIII. Specifications …………………………….. 102

ANNEX II-1.1I: Section IX. Drawings ………………………………………. 103

ANNEX II-1.1J: Section X. Bill of Quantities (BOQ) ………………………. 104

ANNEX II-1.1K: Section XI. Bidding Forms (BFs) ………………………… 105

2
 ANNEX II–1.1A
Section I. Invitation to Bid

3
 Republic of the Philippines
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
REGIONAL OFFICE I
City of San Fernando, La Union

INVITATION TO BID
For

21A00064 – Construction of Missing Links/ New Roads - Piddig-Carasi-Calanasan Road,

Ilocos Norte
1. The Department of Public Works and Highways Regional Office I, through the FY 2021 intends to apply
the sum of Php 48,250,000.00 being the Approved Budget for the Contract (ABC) to payments under
the contract for Construction of Missing Links/ New Roads - Piddig-Carasi-Calanasan Road,
Ilocos Norte with Contract ID: 21A00064 . Bids received in excess of the ABC shall be automatically
rejected at bid opening.

2. The Department of Public Works and Highways Regional Office I through its Bids and Awards
Committee now invites bids for the hereunder Works:

Name of Contract Construction of Missing Links/ New Roads - Piddig-Carasi-Calanasan Road,

:
Ilocos Norte
Contract ID No. : 21A00064
Locations : Piddig-Carasi, Ilocos Norte
Approved Budget for Php 48,250,000.00
:
the Contract
Contract Duration : 206c.d.

3. To be eligible to bid for these Contracts, a contractor must meet the following major
requirements: a) Filipino citizen or 75% Filipino-owned with PCAB license for Size Range Medium A, b)
completion of a similar contract costing at least 50% of the ABC, and c) Net Financial Contracting Capacity
(NFCC) at least equal to the ABC. The description of an eligible Bidder is contained in the Bidding Documents,
particularly, in Annex II-1.1 B Section II and III of Bidding Documents.

Contractors/applicants who wish to participate in this bidding are encouraged to enroll in the DPWH Civil
Works Application (CWA) at the DPWH Procurement Service (PrS), 5th Floor, DPWH Bldg., Bonifacio Drive,
Port Area, Manila, while those already enrolled shall keep their records current and updated. The Contractor’s
eligibility to bid on the project will be determined using the DPWH Contractor Profile Eligibility Process (CPEP)
and subject to further post- qualification. Information on registration can be obtained from the PrS during
working weekdays from 7:00 am to 4:00 pm or at the DPWH website www.dpwh.gov.ph.

4. 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 9184 (RA 9184), otherwise known as the "“Government Procurement Reform Act”. The contract shall
be awarded to the Lowest Calculated Responsive Bidder (LCRB) who was determined as such during post-
qualification.

5. Interested bidders may obtain further information from the Department of Public Works and
Highways Regional Office I and inspect the Bidding Documents at Aguila Rd., Brgy. Sevilla, City of
San Fernando, La Union during weekdays from 8:00 A.M. – 5:00 P.M.
6. A complete set of Bidding Documents may be acquired by interested bidders on October 27, 2020 to
November 18, 2020 from the address below and upon payment of the applicable fee for the Bidding
Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of Php25,000.00.

4
7. It may also be downloaded free of charge from the website of the Philippine Government Electronic
Procurement System (PhilGEPS), and the website of the Procuring Entity, provided that bidders shall pay
the applicable fee for the Bidding Documents not later than the submission of their bids.

8. The Department of Public Works and Highways Regional Office I will hold a Pre-Bid Conference on
November 03, 2020, 10:00 A.M. at 2nd Floor, Conference Room of DPWH-Regional Office I,
City of San Fernando, La Union, which shall be open to prospective bidders.

9. Bid submission maybe done manually or electronically/online. However, bidders should only select one
mode of submission, either manual or electronic. Similar to manual submission, the guidelines for the
preparation and submission of an electronic bid are contained in the BDS.

10. Bids must be duly received by the BAC Secretariat at the address below for manual submission or at
electronicbids_r1@dpwh.gov.ph for electronic submission on or before November 18, 2020 @
10:00AM. All bids must be accompanied by a bid security in any of the acceptable forms and in the
amount stated in ITB Clause 18.

11. Bid opening shall be on November 18, 2020, 10:00 AM at Conference Room of DPWH-
Regional Office I, City of San Fernando, La Union. Bids will be opened in the presence of the
bidders’ representatives who choose to attend at the address below. Late bids shall not be accepted.

12. The Department of Public Works and Highways Regional Office I 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 Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the
affected bidder or bidders.

13. For further information, please refer to:

GERRY G. JUCAR DAISY M. MANZANO

BAC Chairman BAC Secretariat Head
DPWH-Regional Office I DPWH-Regional Office I
Aguila Road, City of San Fernando, La Union Aguila Road, City of San Fernando, La Union
Tel. No.: (072) 607-1298
Email address: manzano.daisy@dpwh.gov.ph

Approved by:

GERRY G. JUCAR
Chief, Construction Division
BAC Chairman

5
 ANNEX II-1.1B
Section II. Eligibility Requirements

6
 STANDARD FORMAT

ELIGIBILITY REQUIREMENTS
1. Unless otherwise indicated in the Instructions to Bidders (ITB), the prospective bidder
must meet the following Eligibility Requirements (ER) for purposes of determining by the
DPWH the eligibility of the bidder for the contract to be procured:

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

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

bidder must submit to the BAC of the Procuring Entity the following Class “A” and Class
“B” Documents, as part of the Technical Component of its bid for the contract. . The
submission of these Documents is required only of contractors that are not yet enrolled in
the DPWH Civil Works Registry (CWR) or those that wish to update their Class
“A”/Class “B” documents submitted earlier for the CWR. In any case, prior enrolment or
registration of a contractor with the CWR is not a prerequisite to the submission of bids
for a specific contract.

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

(1) Legal Documents

(a) Registration certificate from the Securities and Exchange Commission (SEC) in
the case of a Partnership or Corporation, or from the Department of Trade and
Industry (DTI) in the case of a Single Proprietorship, or from the Cooperatives
Development Authority in the case of a cooperative.

(b) Mayor’s/Business Permit issued by the city or municipality where the principal
place of business of the prospective bidder is located.

(c) Tax Clearance per Executive Order (EO) No. 298, series of 2005, as finally
reviewed and approved by the Bureau of Internal Revenue (BIR).

(2) Technical Documents

(a) Valid Philippine Contractors’ Accreditation Board (PCAB) license and

registration for the type and cost of contract to be procured. In the case of a joint
venture, the license and registration must be those of the joint venture, not of any
of its members.

(b) Record of the prospective bidder’s completed contracts, both government and
private, including the following information for each contract:

i. Contract ID, name and location.

ii. Contract start and actual completion dates.
iii. Owner’s name and address.
iv. Nature of work and size/dimensions.

7
 v. Contractor’s role (whether sole contractor, sub-contractor, or partner in a joint
venture), specific components or aspects of the work done by it, and its
participation percentage.
vi. Total as-built cost at completion.

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

(During the Eligibility Check of bids submitted for the contract to be procured,
the CWR program will automatically identify the Bidder’s SLCC similar to the
contract to be bid from the Bidder’s record of completed contracts in the CWR.)

(c) Record of the prospective bidder’s on-going contracts, including awarded but not
yet started, both in government and the private sector, indicating the following
information for each contract.

i. Contract ID, name and location.

ii. Contract start and completion date.
iii. Owner’s name and address.
iv. Nature of work and size/dimension.
v. Contractor’s role, specific components or aspects of the work done by it, and
participation percentage.
vi. Percentage work accomplished.
vii. Percentage time elapsed.

(3) Financial Documents

(a) The prospective bidder’s Audited Financial Statement (AFS), stamped “received’’
by the BIR or its duly accredited and authorized institution, for the immediately
preceding calendar year, showing, among other things, the prospective bidder’s
total and current assets and liabilities.

(b) The prospective bidder’s computation for its Net Financial Contracting Capacity
(NFCC).

To facilitate determination of eligibility, the BAC of a Procuring Entity shall use the
contents of the PhilGEPS electronic registry of contractors (IRR Section 23.3).

All bidders shall maintain a current and updated file of the following Class “A”
Eligibility Documents (IRR Section 8.5.2 in relation to Sec. 23.1(a)):

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

(b) Mayor’s/Business Permit,

(c) Tax Clearance,

(d) PCAB License and Registration.

(e) Audited Financial Statements

8
 For every specific contract to be procured, each bidder shall submit to the BAC, as part of
its bid, its PhilGEPS Certificate of Registration and Membership. This PhilGEPS
Certificate is in lieu of the five Class “A” Eligibility Documents mentioned above since
these are already covered by the said Certificate. The bidder, however, shall submit to the
BAC, as part of its bid for the contract, all other Eligibility Documents which are not
covered by the PhilGEPS Certificate.

For foreign bidders, the foregoing documents may be substituted by the appropriate
equivalent documents in English, if any, issued by the country of the bidder concerned.
These documents shall be accompanied by a Sworn Statement in a form prescribed by the
GPPB stating that the documents submitted are complete and authentic copies of the
original, and all statements and information provided therein are true and correct (IRR
Section 8.5.2).

Class “B” Document (IRR Section 23.1b)

Valid joint venture agreement (JVA), in case the joint venture is already in existence. In
the absence of a JVA, duly notarized statements from all the potential joint venture (JV)
partners shall be included in the bid, to the effect that they will enter into and abide by the
provisions of the JVA in the instance that the bid is successful. Failure to enter into a JV
shall be a ground for the forfeiture of the Bid Security. Each partner of the JV shall
submit the PhilGEPS Certificate of Registration in accordance with Section 8.5.2 of the
IRR of RA 9184. The submission of technical and financial eligibility documents by any
of the JV partners constitutes compliance. The partner responsible to submit the NFCC
shall likewise submit the statement of all of its ongoing contracts and Audited Financial
Statements.

b. Legal Requirements for Eligibility

The prospective bidder must be either of the following:

(1) A Filipino citizen/sole proprietorship.

(2) A partnership duly organized under the laws of the Philippines and of which at least
seventy-five percent (75%) of the interest belongs to citizens of the Philippines.

(3) A corporation duly organized under the laws of the Philippines and of which at least
seventy five (75%) of the outstanding capital stock belongs to citizens of the
Philippines.

(4) A cooperative duly registered with Cooperative Development Authority.

(5) Persons/entities forming themselves into a joint venture (JV), i.e., a group of two (2)
or more persons/entities that intend to be jointly and severally responsible or liable
for a particular contract, provided that, in accordance with the President’s Letter of
Instructions No. 630, Filipino ownership or interest in the JV concerned shall be at
least seventy-five (75%); provided, further, that JVs in which Filipino ownership or
interest is less than seventy-five percent (75%) may be eligible where the structures to
be built require the application of techniques and/or technologies which are not
adequately possessed by a person/entity meeting the seventy-five percent (75%)

9
 Filipino ownership requirement; and provided, finally, that in the latter case, Filipino
ownership or interest shall not be less than twenty-five percent (25%). For this
purpose, Filipino ownership or interest shall be based on the contributions of each of
the members of the JV as specified in their joint venture agreement (JVA).

c. Technical Requirements for Eligibility

(1) PCAB License

For this particular contract to be bid, the prospective bidder must possess a valid
license issued by the PCAB in accordance with the provisions of RA 4566, for the
specific category indicated in the Eligibility Data Sheet (EDS), out of the following
PCAB categories:

Table 1. PCAB License Categories

Size Range License Single Largest Project/ Required Allowable Range of
Category Track Record Contract Cost (ARCC)
Large B AAAA & AAA Above 225 Million < or above 450 Million
Large A AA Above 150M up to 225 Million Up to PhP450 Million
Medium B A Above 75M up to 150 Million Up to PhP300 Million
Medium A B Above 15 Million up to 75 Million Up to PhP150 Million
Small B C&D ≤ 15 Million Up to PhP30 Million
Small A Trade/E Up to 1 Million Up to PhP1 Million

For this particular contract to be procured, the Approved Budget for the Contract
(ABC) is indicated in the EDS. The required PCAB license for this project, based on
Table 1 above, is also specified in the EDS.

(2) Work Experience in Similar Contracts

The prospective bidder must possess the experience of having a Single Largest
Completed Contract (SLCC) “similar” to the contract to be procured, and whose
value, adjusted to current prices using the consumer price indices of the Philippine
Statistics Authority (PSA), is at least fifty percent (50%) of the ABC to be bid. Small
A and Small B contractors without similar experience on the contract to be bid,
however, may be allowed to bid if the cost of such contract is not more than the
Allowable Range of Contract Cost (ARCC) of their respective size range
corresponding to their PCAB license as shown in Table 1 above (IRR Section
23.4.2.4).

As stated in Appendix 2.2 (Guidelines for Major and Similar Categories of Works), a
“Major Category of Works” is the main classification of works in the contract to be
bid, according to type of infrastructure and kind of work performed - e.g. road
construction, bridge rehabilitation, etc. On the other hand, a “Similar Category of
Works” is a kind of works whose classification is considered to be comparable to the
Major Category of Works in the contract to be bid and, therefore, shall be considered
for purposes of evaluation of the bidder’s eligibility for the contract to be bid. A
“Qualifier” is an additional specific requirement on Major or Similar Categories of
Work, to be required from the bidders at the bidding stage, to show that they have the
necessary expertise and experience to execute the contract, such as an extraordinarily
large embankment volume, or soft ground treatment, or long tunnel using tunnel

10
boring machine, or bridge retrofitting using special jacking technology, or very long
sheet piling, multi-level basement, etc.

For the specific project or contract to be bid under these BDs and based on the
Guidelines and Matrix of Categories in Appendix 2.2, the Major Categories of Works
and Similar Categories of Work, as well as any Qualifier, that shall be considered in
determining a bidder’s eligibility for the contract to be bid are indicated in the EDS.

Select either the following item (a) or item (b), whichever is applicable, and delete the
other:

(a) For a contract involving a single category of works (i.e., type of infrastructure and
kind of work) - e.g., road construction, or bridge retrofitting, or flood control
rehabilitation - the following criteria shall be adopted:

i. The Major Category of Works is the single category itself.

ii. To be eligible to bid for the contract, a contractor must have done a Single Largest
Completed Contract (SLCC) for a Major/Similar Category of Works whose total
cost is at least 50% of the Approved Budget of the Contract (ABC) to be bid.

(b) For a contract to be bid involving multiple categories of works – e.g., road
construction plus bridge retrofitting plus flood control rehabilitation – the following
criteria shall be adopted:

i. Each category of works whose cost is at least 30% of the ABC shall be
considered a Major Category of Works. All other categories of works shall
be considered Minor Categories of Works.

ii. To be eligible to bid for the contract, a contractor must comply with the
following work experience requirements:

ii-a As the basic requirement, the contractor must have undertaken a SLCC
similar to the contract to be bid. To be so considered similar, the SLCC
must meet the following requirements:

 The SLCC must contain the same Major Categories of Works as the
contract to be bid, and each Major Category of Works in the SLCC
must cost at least 30% of the total cost of the SLCC.

 The total cost of the SLCC must be at least 50% of the total ABC to
be bid.

ii-b As an additional requirement, for each Minor Category of Works in the

contract to be bid, the contractor must have undertaken an SLCC –
which could be different from the SLCC required in item B2b(1) above
– containing a Category of Works whose cost is at least 50% of the
ABC to be bid for that Minor Category of Works.

11
 In the case of contracts which include special equipment to be supplied and installed
by the supplier/manufacturer, the cost of such equipment shall be excluded from the
ABC to be used in computing the required work experience as stated in the preceding
paragraph.

As an exception to the foregoing, however, as mentioned above, Small A and B

contractors may be allowed to bid if the cost of the contract is not more than the
ARCC corresponding to their PCAB license as shown in Table 1 above, even if they
have no experience similar to the contract to be bid.

(3) Owner’s Certificate of Final Acceptance or Constructor’s Performance

Evaluation System (CPES) Rating

To support its SLCC, the bidder must submit the corresponding Owner’s Certificate
of Final Acceptance issued by the project owner other than the contractor, or at least a
satisfactory CPES Rating. In case of contracts with the private sector, an equivalent
document shall be submitted.

 Financial Requirements for Eligibility

The prospective bidder must have a Net Financial Contracting Capacity (NFCC) at least
equal to the ABC to be procured.

The NFCC shall be calculated as follows:

NFCC = [(Current assets minus current liabilities) (15)] minus the value of all
outstanding or uncompleted portions of the projects under ongoing contracts,
including awarded contracts yet to be started, which portions coincide with the
contact to be bid.

The values of the bidder’s current assets and current liabilities shall be based on the latest
Audited Financial Statements (AFS) submitted to the BIR.

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

The Procuring Entity shall apply the abovementioned Eligibility Requirements (ER) not only
to the main contractor/bidder but also to any sub-contractors for the portions of the main
contract works that are proposed to be sub-contracted to them, except for pakyaw contracts
as defined in Appendix 11 of RA 9184-IRR.

The main contractor/bidder, however, must meet all of the abovementioned Eligibility
Requirements by itself, with or without any sub-contractor. Hence, if any nominated sub-
contractor is declared ineligible, the main contractor, on its own, must still meet the
prescribed Eligibility Requirements.

Notwithstanding the eligibility of a bidder, the Procuring Entity concerned reserves the right
to review the qualifications of the bidder at any stage of the procurement process if the
Procuring Entity has reasonable grounds to believe that a misrepresentation has been made

12
 by that bidder, or that there has been a change in the bidder’s capability to undertake the
project from the time it submitted its eligibility requirements. Should such review uncover
any misrepresentation made in the eligibility requirements, statements or documents, or any
changes in the situation of the bidder which will affect the capability of the bidder to
undertake the project so that it fails the eligibility criteria, the Procuring Entity shall consider
the said bidder as ineligible and shall disqualify it from obtaining an award or contract, in
accordance with Rules XXI, XXII, and XXIII of the IRR of RA 9184 (IRR Section 23.6).

2. If, as specified in the EDS, Electronic Bidding is adopted for this procurement pursuant to
GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the registry with the PhilGEPS:

a. To facilitate determination of eligibility and subject to the Government Official

Merchants Registry (OMR) guidelines, a Procuring Entity may use the registry system of
the PhilGEPS that allows submission and/or recording/entry of eligibility requirements
simultaneously with registration.

b. Only a Certified Member with the appropriate classification can avail of the PhilGEPS
advance eligibility submission by uploading their electronic documents to the PhilGEPS
document library, which can be accessed for current or future procurements.

c. Submission of eligibility requirements to the PhilGEPS document library is not

tantamount to a finding of eligibility.

13
 ANNEX II-1.1C
Section III. Eligibility Data Sheet (EDS)

14
 Eligibility Data Sheet
Eligibility
Requirements
1c(1) The ABC for this contract is: Php48,250,000.00

1c(1) The required PCAB license for this contract is as follows:

a. Size Range: Medium A
b. License Category: B
c. Largest Single Project: Above 15 Million up to 75 Million
d. Allowable Range of Contract Cost: Up to PhP150 Million

1c(2) (1) The following are the “Major Categories of Works” involved in
the contract to be bid: RCG: Roads: Construction - Gravel

(2) The following are the “Similar Categories of Works” that shall
be considered in the evaluation of the work experience required for the
contract to be bid: RCA,RCP,RRA,RRP,RRG

(3) The following “Qualifiers” shall be applied to this contract: N/A

2. Electronic Bidding is not applied in this procurement.

 ANNEX II-1.1D
Section IV. Instructions to Bidders
 INSTRUCTIONS TO BIDDERS (ITB)
TABLE OF CONTENTS
A. GENERAL ………………………………………………………………. 23
1. Scope of Bid ……………………………………………………………… 23
2. Budget and Source of Funds ……………………………………………… 23
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ……. 23
4. Conflict of Interest ……………………………………………………….. 25
5. Eligible Bidders ………………………………………………………….. 26
6. Bidder’s Responsibilities ………………………………………………… 26
7. Origin of Goods and Services ………………………………………......... 28
8. Sub-contracts …………………………………………………………….. 28
9. Pre-Bid Conference ……………………………………………………… 29
B. CONTENTS OF BIDDING DOCUMENTS ………………………….. 30
10. Content of Bidding Documents ………………………………………….. 30
11. Clarification/Amendment of Bidding Documents through Bid Bulletins .. 31
C. PREPARATION OF BIDS …………………………………………….. 31
12. Cost of Bidding ………………………………………………………….. 31
13. Language of Bid …………………………………………………………. 31
14. Documents Comprising the Bid …………………………………………. 31
15. Bid Prices …………………………………………………………..…….. 34
16. Currencies of Bid and Payment ………………………………….………. 35
17. Bid Validity ………………………………………………………………. 35
18. Bid Security ………………………………………………………………. 35
19. Alternative Bids by Bidders ……………………………………………… 38
20. Format and Signing of Bid ……………………………………….………. 38
21. Sealing and Marking of Bids …………………………………………….. 39
D. SUBMISSION AND OPENING OF BIDS ……………………………. 40
22. Place and Deadline for Receipt of Bids …………………………………. 40
23. Late Bids …………………………………………………………………. 40
24. Modification and Withdrawal of Bids …………………………………… 40
25. Receipt of Bids under Electronic Bidding ……………………………….. 41
26. Opening and Preliminary Examination of Technical Components of Bids .. 42
27. Eligibility Check …………………………………………………………. 43
28. Preliminary Examination of Financial Components of Bids …………… 44
29. Opening and Preliminary Examination under Electronic Biding ………… 45
E. EVALUATION AND COMPARISON OF BIDS …………………….. 46
30. Process to be Confidential ……………………………………………….. 46
31. Clarification of Bid ………………………………………………………. 46
32. Detailed Evaluation and Comparison of Bids ……………………………. 47
33. Procedure for Detailed Evaluation of Bids under Electronic Bidding……. 49
34. Post-Qualification of the Lowest Calculated Bid …………….................... 49
35. Post-Qualification under Electronic Bidding …………………………….. 50
36. Right of the Procuring Entity to Reject Bids …………………………….. 51
F. AWARD OF CONTRACT ……………………………………………... 52
37. Award Criterion ………………………………………………………….. 52
38. Notice of Award ………………………………………………………….. 52
39. Performance Security …………………………………………………….. 54
40. Documents Comprising the Contract …………………………………….. 55
41. Signing and Approval of the Contract …………………………………… 56
42. Notice to Proceed ……………………………………………………........ 56
 INSTRUCTIONS TO BIDDERS (ITB)

A. General

1. Scope of Bid
1.1 The Procuring Entity, as defined in the BDS, invites Bids for the construction of
the Works under the proposed Contract, as described in the BDS. The name and
ID of the Contract are stated in the BDS.

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

Budget and Source of Funds

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

Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices

3.1 The Procuring Entity requires that the Bidders and Contractors, as well as
officials and personnel of the Procuring Entity, observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuance of
this policy, the DPWH:

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

(1) "Corrupt practice" means behavior on the part of officials in the

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

(2) "Fraudulent practice" means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract to
the detriment of the Procuring Entity, and includes collusive
practices among Bidders – before or after Bid submission -
designed to establish Bid prices at artificial, non-competitive levels
 and to deprive the Procuring Entity of the benefits of free and open
competition;

(3) “Collusive practice” means a scheme or arrangement between two

or more Bidders, with or without the knowledge of the Procuring
Entity, designed to establish Bid prices at artificial, non-
competitive levels.

(4) “Coercive practice” means harming or threatening to harm,

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

(5) “Obstructive practice” is:

(a) deliberately destroying, falsifying, altering or concealing of

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

(b) acts intended to materially impede the exercise of the

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

b. will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the Contract; and

c. will declare a firm ineligible, either indefinitely or for a stated period of

time, to be awarded a Contract if it at any time determines that the firm
has engaged in corrupt, fraudulent, collusive or coercive practices in
competing or, or in executing, a Contract.

3.2 Furthermore, the Procuring Entity will also seek to impose the maximum
penalties for civil and criminal liability available under the applicable law on
individuals and organizations deemed to be involved in corrupt, fraudulent,
collusive or coercive practices.

3.3 The Funding Source and the Procuring Entity reserve the right to inspect and
audit records and accounts of a contractor in the bidding for and performance of a
 particular contract, through DPWH official or independent auditors as provided in
GCC Clause 35.

Conflict of Interest
4.1 All Bidders found to have a conflict of interest shall be disqualified to participate
in the procurement at hand, without prejudice to the imposition of appropriate
administrative, civil, and criminal sanctions. A Bidder may be considered to have
a conflict of interest with another Bidder in any of the events described in items a
through d of this ITB Clause 4.1 and a general conflict of interest in any of the
circumstances set out in items e through h of ITB Clause 4.1:

a. A Bidder has controlling shareholders in common with another Bidder.

b. A Bidder receives or has received any direct or indirect subsidy from any
other Bidder.

c. A Bidder has the same legal representative as that of another Bidder for
purposes of this Bid.

d. A Bidder has a relationship, directly or through third parties, that puts it in

a position to have access to information about or influence on the Bid of
another Bidder or influence the decisions of the Procuring Entity
regarding this bidding process. This will include a firm or an organization
who lends, or temporarily seconds, its personnel to firms or organizations
which are engaged in consulting services for the preparation related to
procurement for or implementation of the project if the personnel would
be involved in any capacity on the same project.

e. A Bidder submitted more than one Bid in this bidding process. However,
this does not limit the participation of sub-contractors in more than one
Bid.

f. A Bidder participated as a consultant in the preparation of the design or

technical specifications of the works, goods and related services that are
the subject of the Bid.

g. A Bidder lent, or temporary seconded, its personnel to firms or

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

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

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

himself.

b. If the Bidder is a partnership, to all its officers and members.

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

stockholders.

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

shareholders or members.

e. If the Bidder is a joint venture (JV), to each member of the JV for the
applicable items a, b, and c of this Clause.

Eligible Bidders
5.1 Unless otherwise indicated in the BDS, bidders must meet the Eligibility
Requirements in ANNEXII-1.1B of the SBDs.

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

Bidder’s Responsibilities
6.1 The Bidder is responsible for the following:

a. Having taken steps to carefully examine all of the Bidding Documents.

b. Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract.

c. Having made an estimate of the facilities available and needed for the
contract to be bid, if any.

d. Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 11.3.

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

Government of the Philippines (GOP) or any of its agencies, offices,
corporations, or LGUs, including foreign government/foreign or
international financing institution whose blacklisting rules have been
recognized by the Government Procurement Policy Board (GPPB).
 f. Ensuring that each of the documents submitted in satisfaction of the
bidding requirements is an authentic copy of the original, complete, and
all statements and information provided therein are true and correct

g. Authorizing the HoPE or its duly authorized representative/s to verify all

the documents submitted.

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

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

i. Complying with the disclosure provision under Section 47 of the Act in

relation to other provisions of Republic Act 3019.

j. Complying with existing labor laws and standards, if applicable.

k. Ensuring that it did not give or pay, directly or indirectly, any commission,
amount, fee, or any form of consideration, pecuniary or otherwise, to any
person or official, personnel or representative of the government in
relation to any procurement project or activity.

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

6.2 The Bidder or its duly authorized representative shall submit a sworn statement,
covering items e to k of ITB Clause 6.1 above, in the form prescribed in DPWH-
INFR-15 in ANNEX II-1.1K hereof.

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

6.4 It shall be the sole responsibility of the prospective bidder to determine and to
satisfy itself by such means as it considers necessary or desirable as to all matters
pertaining to this Project, including: (a) the location and the nature of the contract,
project, or work; (b) climatic conditions; (c) transportation facilities; (c) nature
and condition of the terrain, geological conditions at the site communication
facilities, requirements, location and availability of construction aggregates and
other materials, labor, water, electric power and access roads; and (d) other
factors that may affect the cost, duration and execution or implementation of the
contract, project, or work.

6.5 The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the data
furnished by the procuring entity.
6.6 Before submitting their bids, the Bidders are deemed to have become familiar
with all existing laws, decrees, ordinances, acts and regulations of the Philippines
which may affect the contract in any way.

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

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

Origin of Goods and Services

There is no restriction on the origin of Goods, or Contracting of Works or Services other
than those prohibited by a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations.

Sub-Contracts
8.1 Unless otherwise specified in the BDS, sub-contracting of the Works shall be
subject to the provisions of DPWH Department Order (DO) No. 38, series of
2015, as stated in Clauses 8.2 to 8.7.

8.2 All sub-contracts shall be subject to prior approval of the concerned Heads of the
DPWH Procuring Entity within the limits of their delegated authority to approve
the original contracts.

8.3 The contractor may sub-contract portions of the works to such an extent as may
be approved by the Procuring Entity and stated in the BDS, provided that the
main contractor shall directly undertake, using its own resources, not less than
fifty percent (50%) of the contract works in terms of cost.

8.4 Each sub-contractor must comply with the eligibility criteria as specified in the
Eligibility Requirements (ER) for the portion of the contract works to be sub-
contracted to that sub-contractor- e.g., applicable license from the Philippine
Constructors Accreditation Board, satisfactory completion of works similar to the
portion of the contract to be subcontracted and costing at least fifty percent (50%)
of the cost of such portion, and sufficient Net Financial Contracting Capacityto
cover the cost of the work to be sub-contracted, as well as minimum equipment
and manpower for the sub-contracted work set by the Procuring Entity. These
requirements shall not apply to labor pakyaw contracts provided in the IRR
Appendix 11.

8.5 The bidder/main contractor may identify the sub-contractors to whom portions of
the contract works will be sub-contracted at any stage of the bidding process or
during contract implementation, provided that any sub-contracting requires prior
approval of the Procuring Entity. If the bidder opts to disclose the name of the
sub-contractors during the bid submission, the bidder shall include the required
 eligibility documents for the sub-contractors as part of the technical component of
its bid. Sub-contractors identified during the bidding may be changed during the
implementation of the contract, subject to compliance with the eligibility
requirements and approval of the Procuring Entity.

8.6 Sub-contracting of any portion of the contract shall not relieve the main contractor
from any liability or obligation that may arise from the contract. The main
contractor shall be responsible for the acts, defaults, and negligence of any
subcontractor, its agents or workmen.

8.7 For any assignment and sub-contracting of the contract or any part thereof made
without prior written approval by the concerned HoPE, the DPWH shall impose
on the erring contractor, after the termination of the contract, the penalty of
suspension for one (1) year for the first offense, and suspension of two (2) years
for the second offense from participating in the public bidding process, pursuant
to the provision of Appendix 3, Section 4.2 of the IRR of RA 9184, in accordance
with Section 69(6) of RA 9184 and without prejudice to the imposition of
additional administrative sanctions as the internal rules of the agency may provide
and/or further criminal prosecution as provided by applicable laws.

9. Pre-Bid Conference
9.1 If so specified in the BDS, a Pre-Bid Conference shall be held at the venue and on
the date indicated therein, to clarify and address the Bidders’ questions on the
technical and financial components of this Project. The Pre-Bid Conference shall
be held at least twelve (12) calendar days before the deadline for the submission
and receipt of Bids. However, attendance of the Bidders shall not be mandatory. If
the Procuring Entity determines that, by reason of the method, nature, or
complexity of the contract to be bid, or when international participation will be
more advantageous to the GOP, a longer period for the preparation of bids is
necessary, the Pre-Bid Conference shall be held at least thirty (30) calendar days
before the deadline for the submission and receipt of bids, as specified in the
BDS.

9.2 Bidders are encouraged to attend the Pre-Bid Conference to ensure that they fully
understand the Procuring Entity’s requirements. Non-attendance of the Bidder
will in no way prejudice its bid; however, the Bidder is expected to know the
changes and/or amendments to the Bidding Documents as recorded in the minutes
of the Pre-Bid Conference and the Supplemental/Bid Bulletin.

9.3 Any statement made at the Pre-Bid Conference shall not modify the terms of the
bidding documents unless such statement is specifically identified in writing as an
amendment thereto and issued as a Supplemental/Bid Bulletin.

9.4 If, as indicated in the BDS, Electronic Bidding is adopted for this procurement
pursuant to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring
Entity shall observe following procedure with regard to the PBC:
 a. For contracts to be bid where the conduct of PBC is required under Section 22
of RA 9184-IRR (Section 5.5.3 of this Manual Volume II), the same
procedure governing the manual method will also apply.

b. A Procuring Entity with videoconferencing capabilities may conduct its PBC

conferences electronically, provided that its Registered Merchants shall also
have similar capabilities and facilities.

c. During the conduct of the PBC, Registered Merchants may send requests for
clarification through the PhilGEPS online facility, which shall be read during
the meeting and shall form part of the minutes, unless the Procuring Entity has
previously decided that only those who have purchased the Bidding
Documents shall be allowed to participate in the PBC and raise or submit
written queries or clarifications.

d. The minutes of the PBC shall be recorded as an electronic document made

electronically available to all participating Registered Merchants through the
PhilGEPS Electronic Bulletin Board not later than three (3) calendar days
after the PBC.

e. Requests for clarification(s) on any part of the BDs or for an interpretation

must be in writing and submitted to the BAC of the Procuring Entity, either
electronically through the PhilGEPS or otherwise, at least ten (10) calendar
days before the deadline set for the submission and receipt of bids.

f. Only Bid Bulletins/Supplements approved by the Bid Notice Approver shall

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

B. Contents of Bidding Documents

10. Content of Bidding Documents

The set of Bidding Documents (BDs) for the specific contract at hand consists of
the documents listed below and bulletins issued in accordance with ITB Clause
11

Reference in the SBDs

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

Section II. Eligibility Requirements (ER) ANNEX II-1.1B
Section III. Eligibility Data Sheet (EDS) ANNEX II-1.1C
Section IV. Instructions to Bidders (ITB) ANNEX II-1.1D
Section V. Bid Data Sheet (BDS) ANNEX II-1.1E
Section VI. General Conditions of Contract (GCC) ANNEX II-1.1F
Section VII. Special Conditions of Contract (SCC) ANNEX II-1.1G
Section VIII. Specifications ANNEX II-1.1H
 Section IX. Drawings ANNEX II-1.1I
Section X. Bill of Quantities (BOQ) ANNEX II-1.1J
Section XI. Bidding Forms (BFs) ANNEX II-1.1K
Section XII. Foreign-Assisted Projects (FAPs) – if
applicable ANNEX II-1.1L

10.1 Bidders should note that the Procuring Entity shall only accept Bids from Bidders
that have purchased the BDs from the office indicated in the IB, or have
downloaded the BDs from the DPWH website subject to the payment of the fee
for the BDs upon submission of their bids.

11. Clarification/Amendment of Bidding Documents through Bid Bulletins

11.1 Bidders may request clarification(s) or an interpretation of any part of the BDs.
Such a request must be in writing and submitted to the Procuring Entity at the
address indicated in the BDS at least ten (10) calendar days before the deadline
set for the submission and receipt of Bids. The BAC of the Procuring Entity shall
respond to the said request by issuing a Bid Bulletin.

11.2 The BAC, upon its initiative, may also issue Supplemental/Bid Bulletins to amend
or clarify any provision of the BDs not later than seven (7) calendar days before
the deadline for the receipt of Bids. .

11.3 Any Supplemental/Bid Bulletin issued by the BAC shall be posted on the
websites of the DPWH and the Philippine Government Electronic Procurement
System (PhilGEPS). It shall be the responsibility of all Bidders who secured the
Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be
issued by the BAC. However, bidders who have submitted bids before the
issuance of the Supplemental/Bid Bulletin must be informed and allowed to
modify or withdraw their bids in accordance with ITB Clause 24.

C. Preparation of Bids

12. Cost of Bidding

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

13. Language of Bid

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

14. Documents Comprising the Bid

14.1 Unless otherwise indicated in the BDS, the Bidder shall submit its Bid in
accordance with the provisions of ITB Clauses 14.2 to 14.4.
14.2 The Bidder shall present its Bid which shall consist of the Technical Component
and the Financial Component.

a. Technical Component – This shall include all of the following documents:

(1) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR.

(4) If the bidder is not previously enrolled in the CWR: the bidder’s
Class “A” and Class “B” Documents, excluding the five Class “A”
documents covered by the PhilGEPS Certificate of Registration –
viz., SEC/DTI/CDA Registration, Mayor’s/Business Permit, Tax
Clearance, PCAB License and Registration, and Audited Financial
Statement. These Documents should include, among others, the
following information required in IRR Section 25.2b:

(a) Statement of all On-going Government and Private Contracts

(b) SLCC

(c) NFCC

(d) JVA, if applicable

(3) Bid Security in/with the required form, amount, and validity period
as provided in ITB Clause 18 (Use Form DPWH-INFR-10 or 11
or 12).

(4) Project Requirements which shall include the following:

(a) Organizational chart for the contract to be bid (Use Form

DPWH-INFR-13).

(b) List of contractor’s personnel (e.g., Project Manager,

Project Engineers, Materials Engineers, and Foremen), to
be assigned to the contract to be bid, with their complete
qualification and experience data (Use Form DPWH-
INFR-14).These personnel must meet the required
minimum years of experience shown in the BDS.

(c) List of contractor’s major construction and laboratory

equipment units, which are owned, leased, and/or under
purchase agreements, supported by proof of ownership and
certification of availability of equipment from the
equipment lessor/vendor for the duration of the project
(Use Form DPWH-INFR-15), as the case may be. These
equipment units must meet the minimum major equipment
requirements for the contract set in the BDS.
 (d) Omnibus sworn statement by the prospective bidder
or its duly authorized representative in the form prescribed
by the GPPB as to the following (Use Form DPWH-
INFR-16):

i. It is not “blacklisted” or barred from bidding by the

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

ii. Each of the documents submitted in satisfaction of the

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

iii. It is authorizing the Head of the Procuring Entity

or his duly authorized representative(s) to verify all
the documents submitted.

iv. The signatory is the duly authorized representative of

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

v. It complies with the disclosure provision under Section

47 of RA 9184 and its IRR in relation to other
provisions of R.A. 3019.

vi. It complies with the responsibilities of a prospective or

eligible bidder provided in the BDs, including ITB 6.

vii. It complies with existing labor laws and standards.

viii. It did not give or pay, directly or indirectly, any

commission, amount, fee, or any form of consideration,
pecuniary or otherwise, to any person or official,
personnel or representative of the government in
relation to any procurement project or activity.

b. Financial Component – This shall include all of the following documents:

(1) Bid Form, using Form DPWH-INFR-09.

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

(3) Detailed estimates, including a summary sheet indicating the unit

prices of construction materials, labor rates and equipment rentals
used in coming up with the Bid.

(4) Cash flow by quarter (Use Form DPWH-INFR-19).

14.3 a. Unless indicated in the BDS, all Total Bid Prices that exceed the
Approved Budget for the Contract (ABC) indicated in BDS 1.3 shall be
rejected.

b. Unless otherwise indicated in the BDS, for foreign-funded procurement, a

ceiling may be applied to the Total Bid Prices provided the following
conditions are met:

(i) The BDs are obtainable free of charge on a freely accessible

website. If payment of the BDs is required by the Procuring Entity,
payment could be made upon the submission of bids.

(ii) The Procuring Entity has procedures in place to ensure that the
ABC is based on recent estimates made by the responsible unit of
the Procuring Entity and that the estimates are based on adequate
detailed engineering and reflect the quality, supervision and risk
and inflationary factors, as well as prevailing market prices,
associated with the types of works to be procured.

(iii) The Procuring Entity has trained cost estimators on estimating

prices and analyzing bid variances. It must also have trained
quantity surveyors.

(iv) The Procuring Entity has established a system to monitor and

report bid prices relative to the ABC and the Procuring Entity’s
estimate.

(v) The Procuring Entity has established a monitoring and evaluation

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

14.4 The bidder may use, as reference, the checklist of requirements for its Technical
and Financial Proposals, as shown in Form DPWH-INFR-20.
15. Bid Prices
15.1 The Contract shall be for the whole Works, as described in ITB Clause 1.1, based on
the priced BOQ (Use Form DPWH-INFR-17) submitted by the Bidder.

15.2 The Bidder shall fill in its unit and total Bid prices for all items of the Works
described in the BOQ. Bids not addressing or providing all of the required items
in the BOQ, shall be considered non-responsive and, thus, automatically
disqualified. In this regard, where a required item is provided, but no price is
indicated, the same shall be considered as non-responsive, but specifying a "0"
(zero) or a dash (“-”) for the said item would mean that it is being offered for free
to the Government.

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

15.4 For the given scope of work in the Contract as awarded, all Bid prices shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as specified in
GCC Clause 47. Price escalation may be allowed in extraordinary circumstances
as may be determined by the National Economic and Development Authority in
accordance with the Civil Code of the Philippines, and upon the recommendation
of the Procuring Entity. Furthermore, in cases where the cost of the awarded
contract is affected by any applicable new laws, ordinances, regulations, or other
acts of the GOP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no
gain basis.

16. Currencies of Bid and Payment

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

16.2 If so allowed in accordance with ITB Clause16.1, the Procuring Entity for purposes
of bid evaluation and comparing the bid prices will convert the amounts in various
currencies in which the bid price is expressed to Philippine Pesos at the exchange
rate as published in the BSP reference rate bulletin on the day of the bid opening.

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

17. Bid Validity

17.1 Bids shall remain valid for the period specified in the BDS, which shall not
exceed one hundred twenty (120) days from the date of the opening of Bids.
17.2 In exceptional circumstances, the Procuring Entity may request that the Bidders
extend the period of validity of their Bids for a specified additional period. The
request and the Bidders’ responses shall be made in writing. A Bidder may refuse
the request without forfeiting the Bid Security. A Bidder agreeing to the request
will not be required or permitted to otherwise modify the Bid, but will be required
to extend the validity of the Bid Security for the period of the extension, and in
compliance with ITB Clause 14 in all respects.
18. Bid Security
18.1 The Bidder shall submit to the Procuring Entity, as part of its Bid, a Bid Securing
Declaration (using Form DPWH-INFR-12) or any form of Bid Security in an
amount equal to a percentage of the ABC in accordance with the following
schedule:
Table 18.1. Forms and Amounts of Bid Security
Form Minimum Amount
(1) Cash or cashier’s/manager’s check issued by a Two percent (2%)
Universal or Commercial Bank of ABC
(2) Bank draft/guarantee or irrevocable letter of credit Two percent (2%)
issued by a Universal or Commercial Bank (Use Form of ABC
DPWH-INFR-10 or 11)
(3) Surety bond callable on demand issued by a surety or Five percent (5%)
insurance company duly certified by the Insurance of ABC
Commission as authorized to issue such security

18.2 A Bid Securing Declaration is an undertaking which states, among others, that the
bidder shall enter into contract with the Procuring Entity and furnish the required
Performance Security within ten (10) calendar days, or less, as indicated in the
BDs, from receipt of the Notice of Award, and commits to pay the corresponding
amount as fine and be suspended for a period of time from being qualified to
participate in any government activity in the event it violates any of the conditions
stated therein as required in the guidelines issued by the Government Procurement
Policy Board (GPPB).

18.3 The Bid Security should be valid for the period specified in the BDS.

18.4 Any Bid not accompanied by a Bid Securing Declaration or an acceptable Bid
Security shall be rejected by the Procuring Entity as non-responsive.

18.5 No Bid Securities shall be returned to Bidders after the opening of Bids and
before contract signing, except to those that failed to comply with any of the
requirements to be submitted in the Technical Proposal and Financial Proposal of
the Bid, as provided in the IRR of R.A. 9184. Without prejudice to the forfeiture
of Bid Securities, Bid Securities shall be returned only after the Bidder with the
Lowest Calculated Responsive Bid has signed the Contract and furnished the
Performance Security, but in no case later than the expiration of the Bid Security
validity period indicated in the BDS.

18.6 The Bid Security may be forfeited:

a. if the Bidder withdraws its Bid after Bid opening during the period of Bid
validity; or

b. if the Bidder does not accept the correction by the Bids and Awards
Committee of arithmetical and computational errors in its Bid prices,
pursuant to ITB Clause 28; or
c. in the case of the winning Bidder, if the Bidder fails, within ten (10) days
from its receipt of the Notice of Award, to:

(1) submit to the Procuring Entity the following documents:

(a) Notice of Award with the bidder’s signed “conforme;”

(b) Authority of Signing Official/Board Resolution/Secretary’s

Certificate;

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

License and JV Agreement;

(d) Performance Security (Use Form DPWH-INFR-43 or

DPWH-INFR-44, as applicable);

(e) Construction Methods (Use Form DPWH-INFR-45);

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

or Precedence diagram and Bar Chart with S-Curve (Use
Form DPWH-INFR-46);

(g) Manpower Schedule (Use Form DPWH-INFR-47);

(h) Equipment Utilization Schedule (Use Form DPWH-

INFR-48);

(i) Construction Safety and Health Program (Use Form

DPWH-INFR-49);

(j) Contractor’s All Risk Insurance (CARI);

(k) Latest Income Tax and Business Returns duly stamped and
received by BIR and duly validated with the tax payments
made. Tax Clearance from the BIR to prove full and timely
payment of taxes;

(l) For a local contractor, Certification under oath stating that

the Contractor is free and clean of all tax liabilities;

(m) For a foreign bidder, valid PCAB License and Registration

for the type and cost of the contract to be bid, when the
Treaty or International or Executive Agreement expressly
allows submission of the PCAB License and Registration
for the type and cost of the contract to be bid as a pre-
condition to the NOA; and
 (n) Integrity Pledge in accordance with Department Order No.
86, series of 2013; or

(2) sign the Contract Agreement; or

d. if the Bidder submits eligibility requirements that contain false

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

e. if the Bidder submits Bids that contain false information or falsified

documents, or conceals such information in the Bids, in order to influence
the outcome of the bidding; or

f. if the Bidder allows the use of its name by another contractor, or uses the
name of another contractor, for purposes of public bidding; or

g. if the Bidder refuses to clarify or validate in writing its Bid during post-
qualification within a period of seven (7) calendar days from receipt of the
request for clarification; or

h. if the Bidder makes any documented unsolicited attempt to unduly

influence the outcome of the bidding in its favor; or

i. if the Bidder commits any other act that tends to defeat the purpose of the
competitive bidding, such as habitually withdrawing from bidding or
submitting letters of non-participation for at least three (3) times within
twelve (12) months, except for valid reasons.

19. Alternative Bids by Bidders

19.1 Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic technical design as indicated in the drawings and
specifications. Unless there is a value engineering clause in the BDS, alternative
bids shall not be accepted. For this purpose, alternative bid is an offer made by a
Bidder in addition or as a substitute to its original bid which may be included as
part of its original bid or submitted separately therewith for purposes of bidding.
A bid with options is considered an alternative bid regardless of whether said bid
proposal is contained in a single envelope or submitted in two (2) or more
separate bid envelopes.

19.2 Each Bidder shall submit only one Bid, either individually or as a partner in a JV.
A Bidder who submits or participates in more than one bid (other than as a
subcontractor if a subcontractor is permitted to participate in more than one bid)
will cause all the proposals with the Bidder’s participation to be disqualified. This
shall be without prejudice to any applicable criminal, civil and administrative
penalties that may be imposed upon the persons and entities concerned.
20. Format and Signing of Bid
20.1 Bidders shall submit their bids through their duly authorized representative using
the appropriate forms provided in Section XI of the SBDs (ANNEX IIA-11) on
or before the deadline specified in the ITB Clause 22 in two (2) separate sealed
bid envelopes, and which shall be submitted simultaneously. The first shall
contain the technical component of the bid as provided in ITB Clause 14.2a, and
the second shall contain the financial component of the bid as provided in ITB
Clause 14.2a.

20.2 Forms as mentioned in ITB Clause 20.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.

20.3 The Bidder shall submit one original of the Technical Proposal and one original
of the Financial Proposal as described in ITB Clause 20.1 and clearly mark each
as “ORIGINAL - TECHNICAL PROPOSAL” and “ORIGINAL – FINANCIAL
PROPOSAL”. In addition, the Bidder shall submit copies of the Technical
Proposal and the Financial Proposal, and clearly mark them “COPY NO… -
TECHNICAL PROPOSAL” and “COPY NO…. – FINANCIAL PROPOSAL”.
In the event of any discrepancy between the original and the copies, the original
shall prevail.

20.4 The original copy of the Bid as indicated in the BDS shall be typed or written in
indelible ink and shall be signed by the Bidder or a person or persons duly
authorized to bind the Bidder to the contract. Each page of the Bid Form and the
accomplished Bill of Quantities shall be signed by the Bidder or its duly
authorized representative. Failure to do so shall be a ground for the rejection of
the Bid.

20.5 Any interlineations, erasures, alterations or overwriting shall be valid only if they
are signed or initialed by the person signing the Bid.

20.6 Commissions or gratuities are not allowed.

21. Sealing and Marking of Bids

21.1 The Bidder shall enclose the original of the Technical Proposal in one sealed
envelope marked as “ORIGINAL - TECHNICAL PROPOSAL”; whereas, the
original of the Financial Proposal shall be enclosed in another sealed envelope
marked as “ORIGINAL - FINANCIAL PROPOSAL”. Both envelopes shall then
be placed in another single envelope marked as “ORIGINAL BID.”

21.2 Each copy of the Technical Proposal and Financial Proposal, shall be similarly
sealed duly marked as “COPY NO… - TECHNICAL PROPOSAL” and “COPY
NO… – FINANCIAL PROPOSAL” respectively and the outer envelope as
“COPY NO”.

21.3 These envelopes containing the original and the copies shall then be enclosed in
one single envelope that shall:
 a. indicate the name of the Contract to be bid;

b. bear the name and address of the Bidder;

c. be addressed to the Procuring Entity in accordance with ITB Clause 7;

d. bear the specific identification of this bidding process indicated in the

BDS; and

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

21.4 If all envelopes are not sealed and marked as required, the Procuring Entity will
assume no responsibility for the misplacement or premature opening of the Bid. If
a Bid is not sealed and marked as required, the bidder or its authorized
representative shall acknowledge the condition of such Bid as submitted;
otherwise the Bid shall be disqualified.

D. Submission and Opening of Bids

22. Place and Deadline for Receipt of Bids

Bids must be received by the BAC of the Procuring Entity at the address and on or before
the deadline indicated in the BDS.

23. Late Bids

Any Bid submitted after the deadline for the receipt of Bids prescribed by the Procuring
Entity, pursuant to ITB Clause 18, shall be declared “Late” and shall not be accepted by
the Procuring Entity.

24. Modification and Withdrawal of Bids

24.1 The Bidder may modify its Bid after it has been submitted provided that the
modification is received by the Procuring Entity prior to the deadline prescribed
for the receipt of Bids by the BAC. The Bidder shall not be allowed to retrieve its
original Bid, but shall be allowed to submit another Bid equally sealed, properly
identified, linked to its original bid marked as “TECHNICAL MODIFICATION”
or “FINANCIAL MODIFICATION” and stamped “received” by the BAC. Bid
modifications received after the applicable deadline shall not be considered and
shall be returned to the Bidder unopened.

24.2 A Bidder may, through a Letter of Withdrawal, withdraw its Bid after it has been
submitted, for valid and justifiable Reasons; Provided That the Letter of
Withdrawal is received by the Procuring Entity not later than the deadline
prescribed for the receipt of Bids.

24.3 Bids requested to be withdrawn in accordance with ITB Clause 20.2 shall be
returned unopened to the Bidders. A Bidder may also express its intention not to
participate in the bidding through a letter which should reach and be stamped by
 the BAC before the deadline for submission and receipt of Bids. A Bidder that
withdraws its Bid shall not be permitted to submit another Bid, directly or
indirectly, for the same contract.

24.4 No Bid may be modified after the deadline for the receipt of Bids. No Bid may be
withdrawn in the interval between the deadline for the receipt of Bids and the
expiration of the period of Bid validity specified by the Bidder in accordance with
ITB Clause 13.1. Withdrawal of a Bid during this interval may result in the
forfeiture of the Bidder’s Bid Security, pursuant to the ITB Clause 14.5, and the
imposition of administrative, civil and criminal sanctions as prescribed by R.A.
9184 and its IRR.

25. Receipt of Bids under Electronic Bidding

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the submission and receipt of bids:

a. On-line Bidders may submit their eligibility requirements to the Procuring Entity
through the e-bidding facility of PhilGEPS.

b. Joint Ventures

(1) In case of joint venture, each partner of the joint venture must: (i) be
registered in the PhilGEPS, (ii) secure Certified Membership Status, and
(iii) electronically send its respective eligibility documents.

(2) The joint venture partners must identify and designate the Primary and
Secondary Partner(s).

(3) Before the PhilGEPS will accept submissions of Technical and Financial
Proposals from the Primary Partner, there must be a confirmation from the
Secondary Partner(s) as to existence of, or agreement to enter into, a joint
venture.

(4) Upon Confirmation, the Primary Partner shall be required by the

PhilGEPS to upload the Joint Venture Agreement or a duly notarized
statement.

c. With regard to the requirement for a Bid Security as part of the Technical
Proposal under Section 5.6.2a(2) above, the following guidelines shall be
observed:

(1) On-line bidders may submit the Bid Security in cash through the
PhilGEPS electronic payment facility.

(2) In case of other forms of Bid Security, the on-line bidder shall prepare and
submit a scanned copy of the Bid Security together with the electronic bid.
However, the original Bid Security must be submitted to the BAC
 concerned before the end of business hours on the day of bid submission, a
failure of which shall automatically render the bid submission as non-
compliant.

(3) If the on-line bidder sends the original Bid security through registered
mail or private courier, the indicated date of receipt by the postal service
or private courier shall be considered as the date of submission to the BAC
concerned, without prejudice to any verifications during post-
qualification.

d. On-line Bidders, or the Primary Partner in the case of Joint Ventures, shall
electronically submit their bids through the Bidder’s On-line Nominee, at any
time before the closing date and time specified in the BDs.

e. The actual time of bid submission of an On-line Bidder shall be the time indicated
on the PhilGEPS Server when the bidder clicks the “Submit” button which shall
be automatically recorded by the PhilGEPS. Upon receipt of a bid, the PhilGEPS
shall automatically generate a bid receipt page that can be printed by the on-line
bidder. This contains the recorded “submission time” which shall be considered as
the Official Submission Time of the bidder.

f. An On-line Bidder may modify its bid at any time before the closing date and
time for the submission and receipt of bids.

g. An On-line Bidder may withdraw its bid before the deadline for the submission
and receipt of bids.

h. The PhilGEPS shall bar all incoming bids after the closing date and time.

26. Opening and Preliminary Examination of Technical Components of

Bids
26.1 The BAC shall open the Bid envelopes in the presence of Bidders’ representatives
who choose to attend, at the time, on the date, and at the place specified in the
BDS. Bidders’ representatives who are present shall sign a register evidencing
their attendance.

26.2 The BAC shall read out and record letters of withdrawal, and return the unopened
envelopes containing the corresponding withdrawn Bid to the Bidders concerned.
If the withdrawing Bidder’s representative is present, the BAC shall return the
original Bid and all copies thereof to that representative during the Bid opening. If
the representative is absent, the BAC shall return the unopened Bid by registered
mail. The Bidder may withdraw its Bid before the deadline for submission and
receipt of Bids, provided that its letter of withdrawal contains a valid justification
requesting such withdrawal, subject to appropriate administrative sanctions.

26.3 Outer envelopes marked “TECHNICAL MODIFICATION” or “FINANCIAL

MODIFICATION” shall be identified but not opened. The BAC shall announce
 the presence and type of modification from the information contained on the outer
envelope.

26.4 The BAC shall then conduct the Preliminary Examination of the Bids. The
purpose of this examination is solely to determine the “presence-or-absence” of
each of the required documents comprising the bid, as stated in Clause 14 above,
using a simple non-discretionary “pass (if present) – or - fail (if absent)” criterion,
with the aid of checklists.

26.5 The BAC shall first open and undertake the Preliminary Examination of the
envelopes containing the Technical Components of the Bids, one at a time, and
reading out and recording the following:

a. Name of the Bidder.

b. Whether there is a technical modification or substitution.

c. Presence, amount and validity of the Bid Security.

d. Presence or absence of each document comprising the Technical Proposal

vis-à-vis a checklist of the required documents.

26.6 The BAC of the Procuring Entity shall determine each Bidder’s compliance with
the documents required to be submitted for the Technical Component of the Bid,
as prescribed in ITB Clause 10. For this purpose, the BAC shall check the
submitted documents in the Technical Component envelope against a checklist
(Form DPWH-INFR-31) of required documents to ascertain if the latter are all
present in the Technical Component envelope. If the required document is
present, the Technical Component shall be rated as “passed” for that particular
requirement. On the other hand, if the required document is absent, i.e., missing,
incomplete or patently insufficient, the Technical Component shall be rated as
“failed” for that particular requirement. In case one or more of the required
documents in the Technical Component of a particular Bid is absent - i.e.,
missing, incomplete, or patently insufficient - the BAC shall rate the Technical
Component as “failed” and immediately return to the Bidder concerned its second
envelope (Financial Component) unopened. If all of the required documents in
the Technical Component envelope are present, the Technical Component is
rated as “passed.”

27. Eligibility Check

27.1 Unless otherwise indicated in the BDS, after the Preliminary Examination of the
Technical Components of the Bids, the BAC of the Procuring Entity, assisted by
its BAC Secretariat, shall conduct the Eligibility Check of each bidder that passed
the documentary requirements for the Technical Component of the Bids - i.e., the
BAC shall determine if the bidder is eligible to bid for the contract being
procured. This shall be done electronically by computer using the data and
program in the DPWH Civil Works Registry (CWR). The submission of the
Original Receipt (OR) for payment of the BDs for the contract issued by any
 DPWH field office is sufficient for the BAC of the Procuring Entity to undertake
the electronic eligibility evaluation of contractors.

27.2 The BAC Secretariat of the Procuring Entity shall enter into the CWR the
Contract Profile (CP) for the contract being procured. The CP will give the basic
contract data, including the ABC, works similar to those of the contract to be bid,
and contract duration.

27.3 In case a bidder is already enrolled in the CWR and submits the Original Receipt
(OR) for payment of the BDs for the contract issued by any DPWH field office,
together with its bid, the BAC Secretariat shall enter into the CWR the PCAB
License Number and/or name of the bidder.

27.4 In case a bidder is not previously enrolled in the CWR and submits its Eligibility
Requirements – i.e., Class “A” and Class “B” Documents - as part of its bid,
together with Original Receipt (OR) for payment of the BDs for the contract
issued by any DPWH field office, the BAC Secretariat shall immediately encode
and enter into the CWR the appropriate data and information – e.g., SLCC,
NFCC, etc. - from the submitted Documents.

27.5 In both cases, the CWR program will then electronically process and match the
prospective bidder’s capability or eligibility data in the CWR – e.g., value of
Single Largest Completed Contract (SLCC) similar to the contract being procured
and actual NFCC - against the eligibility requirements for the contract derived
from the CP – e.g., SLCC similar to the subject contract and costing at least 50%
of ABC, and NFCC at least equal to ABC. The computer program will thus
automatically determine whether or not the prospective bidder meets the
following eligibility requirements:

a. The cost of the bidder’s SLCC is at least 50% of the ABC of the project to be
procured.

b. The bidder’s NFCC is at least equal to ABC of the project to be procured.

The program will also generate the results of the Eligibility Check, including the
Notices of Ineligibility. The reasons for ineligibility will also be automatically
shown in the Notices of Ineligibility.

27.6 During the bids opening session, the BAC will issue the Notices of Ineligibility to
the bidders concerned. If any of the bidders immediately agrees to their
ineligibility as indicated in the Notices, the BAC shall promptly not consider its
bid and thus return its Financial Component envelope to the bidder unopened. If,
on the other hand, any of the bidders indicate its intent to seek a reconsideration
of its declared ineligibility, the BAC shall set aside its sealed Financial
Component envelope which shall be signed on its cover by the bidder and other
competing bidders and members of the BAC. If, after evaluating the bidder’s
request for reconsideration, the BAC finds the bidder to be eligible for the
contract at hand, the BAC shall set the date and time for the opening of its
Financial Component envelope.
 27.7 In either case - i.e., the ineligible bidder accepting its ineligibility or expressing it
intent to seek a reconsideration of its ineligibility - the either case - i.e., the
ineligible bidder accepting its ineligibility or expressing it intent to seek a
reconsideration of its ineligibility - the BAC shall then proceed with the opening
and preliminary examination of the Financial Component of the bids of the
bidders that are declared eligible.

28. Preliminary Examination of Financial Components of Bids

28.1 On the same day, the BAC shall then open the Financial Component of the Bid
(second envelope) of each bidder whose Technical Component of the Bid was
rated as “passed” (i.e., with complete documentary requirements) and was
declared to be eligible for the contract. The BAC shall check the submitted
documents in the Financial Component against a checklist of required documents
(Form DPWH-INFR-31) to ascertain if the latter are all present in the Financial
Component envelope. If the required document is present, the Financial
Component shall be rated as “passed” for that particular requirement. In case one
or more of the required documents in the Financial Component of a particular Bid
is absent - i.e., missing, incomplete or patently insufficient - and/or if the
submitted total bid price exceeds the ABC, the BAC shall rate the Financial
Component and, thus, the entire bid, as “failed.” If all of the required documents
in the Financial Component are present, the entire bid is rated as “passed.” Bids
that are so rated as “passed” shall immediately be considered for detailed
evaluation.

28.2 The BAC shall prepare the minutes of the proceedings of the Bid opening that
shall include, as a minimum: (a) the Abstract of Bids as Read including the name
of each Bidder, its Bid prices, Bid Security, and findings of the Preliminary
Examination of Bids; and (b) the attendance sheet.

28.3 The BAC members shall sign the Abstract of Bids as Read and the BAC
Observers may witness the same. The Abstract of Bids as Read and the minutes
of the Bid opening shall be available to the public upon written request and
payment of a specified fee to cover the cost of materials.

29. Opening and Preliminary Examination under Electronic Bidding

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the opening and preliminary examination:

a. Upon receipt of manually-filed bids, the Bid Opener, before the Bid Opening, but
immediately after the deadline for submission of bids, shall record and input into
the PhilGEPS E-bidding module the date and time each of the bid was manually
received, including the name of the bidder’s authorized representative.

b. The BAC shall open the bids immediately after the deadline for submission and
receipt of bids, and on the bid opening date.
c. Before the decryption of electronic bids, the Bid Opener must first login to the
PhilGEPS and only then can BAC members input their respective USER IDs and
PASSWORDS, provided however, that PhilGEPS decryption will not take place
unless all the members present and logging in constitute quorum.

d. The Bid Opener shall publicly open the first bid envelopes of bidders who
submitted bids manually to determine each bidder’s compliance with the
documents required to be submitted for eligibility, that is, legal, technical and
financial eligibility documents; and for the technical requirements. For this
purpose, the BAC shall check the submitted documents of each bidder against a
checklist of required documents to ascertain if they are all present, using a non-
discretionary “pass/fail” criterion. If a bidder submits the required document, it
shall be rated “passed” for that particular requirement. In this regard, bids that fail
to include any requirement or are incomplete or patently insufficient shall be
considered as “failed”. Otherwise, the BAC shall rate the bidder “passed” in
relation to the eligibility and technical documents in the first envelope.

e. After all the manually submitted first envelopes of bidders were opened, and the
results and findings were encoded in the PhilGEPS Preliminary Examination
Report facility, the Bid Opener shall thereafter proceed to decrypt the electronic
First Bid Envelopes submitted by the On-line Bidders to determine each bidder’s
compliance with the required eligibility and technical documents following the
steps and procedures outlined in Section 5.6.9d above. Thereafter, the Bid Opener
shall input the findings and results into the PhilGEPS’ Preliminary Examination
Report facility.

f. Immediately after determining compliance with the requirements in the first

envelope, the Bid Opener shall forthwith open the manually submitted second bid
envelope of each eligible bidder whose first bid envelope was rated “passed.” The
second envelope of each complying bidder shall be opened within the same day.

g. After all the manually submitted second envelopes of bidders were opened, and
the results and findings were encoded in the PhilGEPS Preliminary Examination
Report facility, the Bid Opener shall thereafter proceed to decrypt the electronic
Second Bid Envelopes of each On-line Bidders whose electronic first bid
envelope was rated “passed” to determine each bidder’s compliance with the
required financial documents following the steps and procedures outlined in
Section 5.6.9f above.

h. In case one or more of the requirements in the second envelope of a particular bid
is missing, incomplete or patently insufficient, and/or if the submitted total bid
price exceeds the ABC, the BAC shall rate the bid concerned as “failed”. The Bid
Opener shall then input the findings and results into the PhilGEPS’ Preliminary
Examination Report facility.

i. Only bids that are determined to contain all the bid requirements for both
components shall be rated “passed” and shall immediately be considered for
evaluation and comparison.
 j. The PhilGEPS shall automatically send an electronic mail to all bidders who
failed in the preliminary examination of the first and/or second envelope.

E. Evaluation and Comparison of Bids

30. Process to be Confidential

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

31. Clarification of Bids

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

32. Detailed Evaluation and Comparison of Bids

a. The Procuring Entity shall evaluate and compare, in detail, only the Bids that are
rated as “complying” (“passed”) for both Technical and Financial Proposals
pursuant to ITB Clause 26.

b. In evaluating the Bids to get the Lowest Calculated Bid, the Procuring Entity shall
undertake the following:

c. The detailed evaluation of the Financial Proposals of the Bids, to establish the
correct calculated prices of the Bids.

d. The ranking of the total bid prices as so calculated from the lowest to highest. The
Bid with the lowest price in the ranking shall be identified as the Lowest
Calculated Bid.

e. To determine the Lowest Calculated Bid, the BAC shall use non-discretionary
“pass/fail” criteria, as stated in the IB, which shall include a consideration of the
following:

(1) Completeness of the bid. Unless the ITB specifically allows partial bids,
bids not addressing or providing all of the required items in the BDs,
including the BOQ, shall be considered as non-responsive and, thus,
automatically disqualified. In this regard, where a required item is
provided, but no price is indicated, the same shall be considered as non-
responsive, but specifying a “0” (zero) or a dash (“-”) for the said item
would mean that it is being offered for free to the Government, except
those required by law or regulations to be provided for (IRR Section
32.2.1a); and
 (2) Arithmetical corrections. The BAC shall consider computational errors,
omissions and discounts if allowed in the BDs to enable proper
comparison of all eligible bids. It may also consider bid modifications if
expressly allowed in the BDs. Any adjustment shall be calculated in
monetary terms to determine the calculated prices.

In case a bid offers a discount on the total bid price, the percentage of the
discount to the total bid price shall be applied to all pay items for purposes
of evaluating the value of work accomplished during the implementation
stage.

(3) Evaluation on equal footing. The BAC shall evaluate all bids on an equal
footing to ensure fair and competitive bid comparison. For this purpose, all
bidders shall be required to include the cost of all taxes, such as, but not
limited to, value added tax (VAT), income tax, local taxes, and other fiscal
levies and duties which shall be itemized in the Bid Form and reflected in
the detailed estimates. Such bids, including said taxes, shall be the basis for
bid evaluation and comparison.

(4) Rule on discrepancies. In case of discrepancies between: (a) bid prices in

figures and in words, the latter shall prevail; (b) total price per item and unit
price for the item as extended or multiplied by the quantity of that item, the
latter shall prevail; (c) stated total price and the actual sum of prices of
component items, the latter shall prevail; (d) unit cost in the detailed
estimate and unit cost in the BOQ, the latter shall prevail. The corrected per
item cost for all items shall be the basis for the corrected grand total cost.

(5) Total calculated bid prices. The total calculated bid prices are obtained after
making the detailed evaluation and corrections according to the
abovementioned criteria.

f. The Procuring Entity’s evaluation of bids shall only be based on the bid price quoted
in the Financial Bid Form.

g. In case of discrepancies between:

(1) bid prices in figures and in words, or

(2) total bid prices per pay item and unit prices applied to the quantities per
pay item, or

(3) stated total Bid price and the actual sum of prices of component items, or

(4) unit prices in the detailed estimate and unit bid prices in the Bill of
Quantities,

the latter in each of the above cases shall prevail, and the total Bid amount shall
be corrected accordingly.
 h. Based on the detailed evaluation of the bids, those that comply with the
abovementioned requirements shall be ranked in the ascending order of their total
calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, in accordance with the provisions of this ITB
Clause. This will identify the Lowest Calculated Bid. Total calculated bid prices,
as evaluated and corrected for computational errors, discounts and other
modifications, which exceed the ABC shall not be considered, unless otherwise
indicated in BDS 14.3a.

i. The provision in this Clause 32-i is not to be considered in the evaluation of the bids
to determine the technically complying bid or the lowest calculated bid, but shall be
applied by the Procuring Entity during the implementation of the contract,
particularly in making contract payments:

(1) During the evaluation of the bids, the BAC shall take note of any
unbalanced bids on early works and other items for unit-priced contracts.

(2) Unbalanced bids are defined as those where the total bid price for a major
pay item is more than fifty percent (50%) of the corresponding cost of that
pay item in the ABC. A major pay item is defined as that whose cost in the
ABC is 20% or more of the total ABC; if there is no such pay item, then
major pay items are defined as the two pay items in the ABC with the
highest total costs.

(3) Unbalanced bids also include those with a minor pay item whose cost in the
ABC is more than five percent (5%) of the total ABC and where the
corresponding bid price for that pay item is more than one hundred percent
(100%) of the ABC for that item.

(4) For unbalanced bids, during the implementation of the contract works, the
payment for these major and minor pay items shall be made initially at the
unit prices in the ABC, and the remainder - i.e., contract unit price minus
ABC unit price for the major pay item - shall be paid when the work under
the major pay item is completed.

33. Procedure for Detailed Evaluation of Bids under Electronic Bidding

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

a. After conducting the detailed evaluation of all bids using non-discretionary

criterion, the Bid Opener shall input and record the results of the evaluation into
the PhilGEPS’ Evaluation Summary Report facility.

b. The PhilGEPS shall automatically rank the bidders in ascending order based on
their total calculated bid prices to identify the LCB as evaluated and corrected for
computational errors, and other bid modifications. Total calculated bid prices, as
 evaluated and corrected for computational errors, and other bid modifications,
which exceed the ABC shall be disqualified. After all bids have been received,
opened, examined, evaluated, and ranked, the system shall thereafter generate the
Abstract of Bids in the form of PhilGEPS Evaluation Summary Report.

c. The BAC shall manually prepare a Resolution whether approving or denying the
Abstract of Bids generated by the system. However, after the BAC Resolution
approving the Abstract of Bids is uploaded in the PhilGEPS, an electronic
message shall be automatically sent to all bidders who participated informing
them that the Abstract of Bids is available for downloading.

34. Post-Qualification of the Lowest Calculated Bid

a. The Procuring Entity shall conduct a Post-Qualification of the Bidder that is
evaluated to have the Lowest Calculated Bid (LCB) to determine definitely if it
complies with and is responsive to all requirements and conditions for eligibility
and of the Bidding for the contract specified in ITB Clauses 5 and 14.

b. Within five (5) calendar days from receipt by the Bidder of the notice from the
BAC that it submitted the LCB, the Bidder shall submit the following post-
qualification documentary requirements (IRR Section 34.2):

(1) Latest income and business tax returns.

(2) Other appropriate licenses and permits required by law and stated in the BDS.

Failure of the Bidder declared as LCB to duly submit the requirements under this
Clause or a finding against the veracity of such, shall be ground for forfeiture of
the bid security and disqualification of the Bidder for award.

c. The determination shall use non-discretionary “pass/fail” criteria and be based

upon examination, verification, and validation of all statements made and
documents submitted by the Bidder in the Technical and Financial Components of
its Bid. The Procuring Entity shall use the post-qualification criteria indicated in
Form DPWH INFR-37.

d. If the BAC determines that the Bidder with the LCB passes all the criteria for
Post-Qualification, it shall declare the said bid as the Lowest Calculated
Responsive Bid, (LCRB) and recommend to the HoPE the award of contract to
the said Bidder at its submitted price or its calculated bid price, whichever is
lower.

e. If the BAC determines that the Bidder with the LCB fails the criteria for Post-
Qualification, it shall proceed to the next LCB to make a similar determination of
that Bidder’s capabilities. If the second Bidder, however, fails the Post-
Qualification, the procedure for Post-Qualification shall be repeated for the
Bidder with the next LCB, and so on until the LCRB is determined for contract
award.
35. Post-Qualification under Electronic Bidding
If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring Entity shall observe
the following procedure with regard to the post-qualification:

a. Within one (1) day after the approval of the Abstract of Bids, the bidder with the
Lowest Calculated Bid (LCB) should be notified through electronic mail that the
bidder shall undergo post-qualification and submit the post-qualification
requirements within five (5) calendar days as provided for under Section 34.2 of
RA 9184-IRR.

b. If the BAC determines that the bidder with the LCB passes all the criteria for
post-qualification, it shall declare the said bid as the Lowest Calculated
Responsive Bid (LCRB), and recommend to the HoPE the award of contract to
the said bidder at its submitted bid price or its calculated bid price, whichever is
lower or, in the case of quality-based evaluation procedure, submitted bid price or
its negotiated price, whichever is lower.

c. If, however, the BAC determines that the bidder with the LCB fails the criteria for
post-qualification, it shall immediately notify the said bidder electronically in
writing of its post-disqualification and the grounds for it.

d. Immediately after the BAC has electronically notified the first bidder of its post-
disqualification, and notwithstanding any pending request for reconsideration
thereof, the BAC shall initiate and complete the same post-qualification process
on the bidder with the second LCB. If the second bidder passes the post-
qualification, and provided that the request for reconsideration of the first bidder
has been denied, the second bidder shall be post-qualified as the bidder with the
LCRB.

e. If the second bidder, however, fails the post-qualification, the procedure for post-
qualification shall be repeated for the bidder with the next LCB, and so on until
the LCRB, as the case may be, is determined for award, subject to Section 37 of
the IRR.

f. The post-qualification process shall be completed in not more than twelve (12)
calendar days from the determination of the LCB. In exceptional cases, the post-
qualification period may be extended by the HoPE, but in no case shall the
aggregate period exceed forty five (45) calendar days.

g. The BAC or its Bid Opener shall record and encode the post-qualification results
of manually submitted documents in the PhilGEPS. For electronic documents
submitted online, the BAC or its Bid Opener shall decrypt the documents and the
results recorded automatically.

h. After recording the post-qualification summary and uploading the BAC resolution
declaring the bidder with the LCRB in the PhilGEPS, an electronic message shall
 be automatically sent to all bidders who participated informing them that the
Notice of LCRB is available for downloading.

36. Right of Procuring Entity to Reject Bids

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

36.2 The Procuring Entity reserves the right to reject any and all bids, declare a failure
of bidding, or not award the contract in the following situations, without incurring
any liability to the affected bidders:

a. If there is prima facie evidence of collusion among appropriate public

officers or employees of the Procuring Entity, or between the BAC and
any of the bidders, or among the bidders themselves, or between a bidder
and a third party, including any act which restricts, suppresses or nullifies
or tends to restrict, suppress or nullify competition.

b. If the BAC is found to have failed in following the prescribed bidding

procedures.

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

(1) if the physical and economic conditions have significantly changed so

as to render the contract works no longer economically, financially or
technically feasible as determined by the HoPE;

(2) if the contract works are no longer necessary as determined by the

HoPE; or

(3) if the funds for the contract have been cancelled, withheld or reduced
through no fault of the Procuring Entity.

36.3 In addition, the Procuring Entity may likewise declare a failure of bidding,
without incurring any liability to the affected bidders, when:

a. no bids are received;

b. all prospective bidders are declared ineligible;

 c. all bids fail to comply with all the bid requirements or fail post-
qualification; or

d. the bidder with the LCRB refuses, without justifiable cause to accept the
award of contract, and no award is made.

F. Award of Contract
37. Award Criterion
The Procuring Entity shall award the contract to the winning Bidder whose Bid has been
determined, after the evaluation of bids and Post-Qualification, as the LCRB, at its submitted bid
price or its calculated bid price, whichever is lower (IRR Section 34.4).

38. Notice of Award

38.1 Prior to the expiration of the Bid validity period, the Procuring Entity shall issue a
written Notice of Award (NOA) to the Bidder with the LCRB to be received by
the Bidder personally, by registered mail, or electronically, receipt of which must
be confirmed in writing within two (2) days by the Bidder with the LCRB and
submitted personally or sent by registered mail or electronically to the Procuring
Entity.

38.2 The NOA shall state the proposed contract price – i.e., whichever is lower of the
submitted bid price or calculated bid price - together with the documentary
requirements to be submitted by the Bidder to perfect the contract.

38.3 Notwithstanding the issuance of the NOA, award of contract shall be subject to
the following conditions:

a. Submission by the bidder with the LCRB of the following documents

within ten (10) from the bidder’s receipt of the NOA, as conditions for
signing the contract:

(1) Notice of Award (NOA) with the bidder’s signed “conforme” (Use
Form DPWH-INFR-41)

(2) Authority of Signing Official/Board Resolution/Secretary’s

Certificate

(3) For a joint venture (JV), Contractor’s PCAB Special JV License and
JV Agreement.

(4) Performance Security in accordance with Section 3.9.2.2 of the

DPWH Procurement Manual Volume II (Use Form DPWH-INFR-
43 or DPWH-INFR-44, as applicable).

(5) Construction Methods (Use Form DPWH-INFR-45)

 (6) Construction Schedule in the form of PERT/CPM Diagram or
Precedence Diagram and Bar Chart with S-Curve, or other approved
tools of project scheduling, and Cash Flow (Use Form DPWH-
INFR-46).

(7) Manpower Schedule (Use Form DPWH-INFR-47).

(8) Equipment Utilization Schedule (Use Form DPWH-INFR-48).

(9) Construction Safety and Health Program (Use Form DPWH-INFR-

49).

(10) Contractor’s All-Risk Insurance (CARI)

(11) Latest Income Tax and Business Returns duly stamped and received
by BIR and duly validated with the tax payments made. Tax
Clearance from the BIR to prove full and timely payment of taxes.

(12) For a local contractor, Certification under oath stating that the
Contractor is free and clean of all tax liabilities.

(13) For a foreign bidder, valid PCAB License and Registration for the
type and cost of the contract to be bid, when the Treaty or
International or Executive Agreement expressly allows submission
of the PCAB License and Registration for the type and cost of the
contract to be bid as a pre-condition to the NOA.

(14) Integrity Pledge in accordance with Department Order No. 86, series
of 2013.

b. Signing of the contract as provided in ITB Clause 36.

c. Approval of the contract as provided in ITB Clause 36.

39. Performance Security

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

Table 39.1 Forms and Amounts of Performance Security

Form Minimum Amount
a. Cash or cashier’s/manager’s check issued by Ten percent (10%) of
a Universal or Commercial Bank Total Contract Price
b. Bank draft/guarantee or irrevocable letter of Ten percent (10%) of
credit issued by a Universal or Commercial Total Contract Price
 Bank; provided that it shall be confirmed or
authenticated by a Universal or Commercial
Bank if issued by a foreign bank (Use Form
DPWH-INFR-42)
c. Surety bond callable upon demand issued by a Thirty percent (30%) of
surety or insurance company duly certified by Total Contract Price
the Insurance Commission as authorized to
issue such security (Use Form DPWH-INFR-
43)
d. Any combination of the foregoing. Proportionate to share of
form with respect to total
amount of security

39.2 Failure of the winning Bidder to comply with the requirements of ITBClause34
shall constitute sufficient grounds for cancellation of the award and forfeiture of
its Bid Security. In this event, the Procuring Entity shall initiate and complete the
post-qualification of the second Lowest Calculated Bid. The procedure shall be
repeated until the Lowest Calculated and Responsive Bid is identified and
selected for contract award. However, if no Bidder passed post-qualification, the
BAC shall declare the bidding a failure and conduct a re-bidding with re-
advertisement.

40. Documents Comprising the Contract

b. The Contract shall consist of the following:

a. Contract Agreement (Use Form DPWH-INFR-50)

b. Documents forming part of the Contract Agreement in the following order

of priority:

(1) Notice of Award (NOA) with the Contractor’s signed “conforme”

(2) Contractor’s Bid in the Form of Bid, including its Technical and
Financial Proposals, as calculated by the Procuring Entity and
conformed by the Contractor through the NOA

(3) Bidding Documents (other than b(4) to b(7) below) with Bulletins

(4) Specifications

(5) Drawings

(6) Special Conditions of Contract (SCC)

(7) General Conditions of Contract (GCC)

(8) Performance Security

(9) Integrity Pledge under Department Order No. 86, series of 2013
 c. Other Documents

(1) Construction Methods

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

Precedence Diagram and Bar Chart with S-Curve, or other
approved tools of project scheduling, and Cash Flow

(3) Manpower Schedule

(4) Equipment Utilization Schedule

(5) Construction Safety and Health Program initially approved by the

HoPE

(6) Contractor’s All Risk Insurance (CARI)

c. The documents in ITB Clauses 40.1a and b(2) to b(7) shall be provided by the
Procuring Entity, while the documents in Clauses 40.1b(1), b(8), and c(1) to c(6)
shall be submitted by the winning bidder to the Procuring Entity within ten (10)
calendar days from the date of its receipt of the Notice of Award.

41. Signing and Approval of the Contract

41.1 Within ten (10) days from the date of receipt from the winning Bidder of the
documents mentioned in ITB Clause 30.1a and b)-(4) to (b)-(7), the successful
Bidder and the authorized official of the Procuring Entity shall sign the Contract
Agreement.

41.2 If further approval of the contract is required, the approving authority is given a
maximum of twenty (20) calendar days from receipt thereof to approve or
disapprove it.

41.3 Upon approval of the Contract, the Procuring Entity shall notify the other Bidders
that their bids were unsuccessful.

42. Notice to Proceed

The Procuring Entity shall issue the Notice to Proceed (NTP), using Form DPWH-
INFR-51, together with a copy or copies of the approved contract, to the successful
bidder within seven (7) calendar days from the date of approval of the contract by the
appropriate government approving authority. All notices, including the NTP, called for
by the terms of the contract shall be effective only at the time of receipt thereof by the
successful bidder (IRR Section 37.4).
 ANNEX II-1.1E
Section V. Bid Data Sheet
 BID DATA SHEET
ITB Clause
1.1 The Procuring Entity is DPWH-Regional Office I.

The scope of the Works under this Contract are 1. Earthworks (Clearing,
Excavation, & Embankment); 2. Construction of Cross Drainages (RCPC); 3.
Construction of Slope and Bank Protection Structures (Stone Masonry); 4.
Spreading and Compaction of Aggregate Sub-Base Course; 5. Construction of
Concrete Catch Basins

The Contract Name is Construction of Missing Links/ New Roads - Piddig-

Carasi-Calanasan Road, Ilocos Norte.

The Procurement/Contract ID: 21A00064

2. The Approved Budget for the Contract is Php48,250,000.00.

The Funding Source is the Government of the Philippines through FY 2021.

The name of the Project is Construction of Missing Links/ New Roads - Piddig-
Carasi-Calanasan Road, Ilocos Norte.

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

8.1 Subcontracting is allowed. specify the portions of Works and the maximum percentage
allowed to be subcontracted.

NOTE: The contractor shall undertake not less than 50% of the contracted works with
its own resources. Subcontracting is allowed subject to the DPWH evaluation and
approval.
8.3 If subcontracting is allowed specify the portions of Works and the maximum percentage
allowed to be subcontracted, otherwise state “Not applicable.”
9.1 The Procuring Entity will hold a Pre-Bid Conference for this Project on November 03,
2020 at 10:00 o’clock am at Conference Room, 2nd Floor, DPWH-Regional Office I,
City of San Fernando, La Union.
9.4 Electronic Bidding in accordance with GPPB Resolution No. 23-2013 will not be
adopted in this procurement.
11.1 The Procuring Entity’s address is:

GERRY G. JUCAR
Chief, Construction DivisionBAC Chairman
Department of Public Works and Highways
Aguila Road, City of San Fernando, La Union
Telefax. No. (072) 607-1298
14.1 No further Instruction
14.2a(2)(a)i No further Instruction
14.2 a(3)(b) The minimum work experience requirements for the key personnel are the
following:

Minimum Years of Minimum Years of

55
 Key Personnel Similar Experience Similar and Related
(Same Position) Experience
1 - Project Manager 5 5
1 - Project Engineer 5 3
1 - Materials Engineer DPWH Accredited Materials Engineer I
1 -Foreman 5 2

Accredited Safety Officer (Required Upon issuance of Notice of Award) subject

to D.O 98 Series of 2014: Submission of Construction Safety and Health
Program Approved by the Department of Labor and Employment (DOLE).

First Aider w/ certificate of Training issued by RED CROSS in compliance to

DOLE requirements for the approval of Construction Safety & Health Program
(Required Upon issuance of Notice of Award) subject to D.O 98 Series of 2014 :
Submission of Construction Safety and Health Program Approved by the
Department of Labor and Employment (DOLE).

The key personnel should meet the following number of years’ work experience.

1. The experience means total years of civil works experience (of any
nature in construction and engineering consultancy services)

2. Include the Tax Identification Number (TIN) of the Key Personnel.

Compliance to D.O. 98 series of 2016: Revised Guidelines on the
Accreditation of Contractors’/Consultants’ Materials Engineer.

3. Include the contact number of the Materials Engineer

14.2 a(3)(c) The minimum major equipment requirements are the following:

Required No Minimum
Construction Equipment
of Units. Capacity/Unit
Payloader 2 1.50 cu.m.
Dump Truck 4 12 cu.yd.
Backhoe 1 0.80 cu.m.
Motorized Road Grader 1
Vibratory Roller 1 10 mt.
Water Truck / Pump 1 16000 L
Bar Cutter 1
Bar Bender 1
Cargo Truck 1 10T, 270Hp
One Bagger Mixer 2
Concrete Vibrator 1
Bulldozer 1

Laboratory Equipment Required No. Minimum

of Units Capacity/Unit
Please refer to D.O. 11, Series of 2017 for the minimum materials testing
equipment and D.O. 127, Series of 2018, Strict Application of R.A. 9184 in
the conduct of Post Qualification of Bidders with delayed On-Going
Contracts with the DPWH.
14.3a The ABC is Php48,250,000.00. Any bid with a financial component

56
 exceeding this amount shall not be accepted.”
14.3 b “No further instructions.”
17.1 Bids shall be valid until March 18, 2021 or not later than one hundred
twenty (120) days from the date set for bids opening.
18.1 The bid security shall be limited to a Bid Securing Declaration or one of the
following forms in accordance with the following amounts:

1. The amount of not less than 2% of ABC, if bid security is in cash,

cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit;

2. The amount of not less than 5% of ABC, if bid security is in Surety

Bond.

18.3 The Bid Security shall be valid until one hundred twenty (120) days from the
date set for bids opening.
19.1 No further instruction
20.4 The Bidder shall submit One (1) original and two (2) copies of the first
(Technical) and second (Financial) components of its bid.
21.3 d The specific identification of this bidding process is 21A00064 and Contract
Name: Construction of Missing Links/ New Roads - Piddig-Carasi-
Calanasan Road, Ilocos Norte.
22 Bid submission maybe done manually or electronically/online. However,
bidders should only select one mode of submission, either manual or
electronic.

The address for receipt of Bids submitted manually is Conference Room, 2nd
Floor, DPWH-Regional Office I, City of San Fernando, La Union.

The deadline for receipt of Bids is on November 18, 2020 at 10:00 o/clock
A.M..

For bids to be submitted electronically/online, the following procedures

should be observed following D.O. 87, series of 2020:

1. Submission of electronic Official Receipt of purchase of the

Bidding Documents

Prior to the deadline of submission of bids, the prospective bidders

shall send an e-mail with subject “Official Receipt for [Insert
Contract ID]” to [Insert dedicated e-mail address]. Attached to the
said e-mail is the copy of the Official Receipt of purchase of bidding
documents in Portable Document File (PDF) format with file name in
the format “<PCAB ID>_<CONTRACT
ID>_OfficialReceipt.pdf”.

For example, the filename of the attached PDF containing the Official
Receipt of the Contractor with PCAB ID No. 12345, who intends to
participate in the bidding of Contract ID No. 20Z00123 shall be

57
 “12345_20Z00123_OfficialReceipt.pdf”. Further, the e-mail subject
would be “Official Receipt for 20Z00123”.

In case a prospective bidder originally intends to join the bidding as a

Joint Venture (referred as “original bidder”), has been issued an
Official Receipt of purchase of bidding documents and has submitted
the electronic Official Receipt, but eventually decided to join the
bidding with new members or as individual contractors (referred as
“regrouped bidder”), or vice-versa, the “regrouped bidder” should
purchase a new bidding document to be issued with the
corresponding Official Receipt in their name and submit the
electronic Official Receipt following the same procedures.

2. Confirmation of the electronically submitted Official Receipt

2.1 An e-mail shall be received by a prospective bidder confirming its

successful submission of the Official Receipt as required under
Item 1.

Only the electronic bids of bidders who have successfully

submitted an electronic Official Receipt shall be accepted.

2.2 An e-mail shall also be received by a prospective bidder in

instances where their sent e-mail related to Item 1:

a. Has incorrect subject Contract ID, which means that a

corresponding folder with the same Contract ID does not exist
in the eBid Portal;

b. Has no attachment;

c. Has an attachment but is not in the prescribed format;

d. Has more than one (1) attachment; or

e. Was received after the deadline of bid submission.

For the foregoing cases, the prospective bidders should
rectify/correct the noted deficiency/ies to comply with the
requirements under Item 1 for its electronic bid to be accepted.

3. Preparation and submission of an electronic Bid

The prospective bidders shall prepare and submit their bids
electronically following the steps prescribed under with D.O.
87,series of 2020 in accordance with GPPB Resolution No. 09-2020
as follows:

a. Following GPPB Resolution No. 09-2020, a bidder has the

58
 option to submit bid electronically. However, If a bidder
chooses to submit an electronic bid, the same bidder can
no longer submit a bid manually for the same contract,
and vice versa.

b. Similar to manual submission, prospective bidders shall

prepare their bids in two (2) file folders, each for the
Technical and Financial Components. The file name of the
Technical and Financial Components folders should be in the
format <PCAB ID>_<CONTRACT_ID>_TECHNICAL
and <PCAB ID>_<CONTRACT_ID>_FINANCIAL (e.g.
12345 20Z00123 TECHNICAL, 12345 20Z00123
FINANCIAL).

Subsequently, each of the Technical and Financial

Components file folders shall be COMPRESSED,
PASSWORD PROTECTED and NAMED in the format
<PCAB ID>_<CONTRACT_ID>_TECHNICAL.zip (or
.rar/.7z) and <PCAB
ID>_<CONTRACT_ID>_FINANCIAL.zip (or .rar/.7z),
respectively (e.g. 12345 20Z00123 TECHNICAL.zip, 12345
20Z00123 FINANCIAL.zip).

c. Each file contained in the Technical and Financial

Components file folders shall be in PDF format (either
scanned or exported/published), with file name in the format
<PCAB ID>_<CONTRACT ID>_DescriptiveFilename.pdf
(e.g. 12345 20Z00123 PCABLicense.pdf, 12345 20Z00123
OmnibusSwornStatement.pdf).

d. The compressed archive file folders of the Technical and

Financial components shall be compiled in a PASSWORD
PROTECTED COMPRESSED ARCHIVE MAIN FILE
FOLDER with filename in the format
<PCAB>_<CONTRACT ID>_Bid (e.g. 12345 20Z00123
Bid).

In case the total file size of the main archive file folder is
more than the allowable size of an attachment per e-mail of
the prospective bidder’s e-mail service provider (e.g. Gmail,
Yahoo Mail, Outlook), they shall need to split its electronic
bid into two or more PASSWORD PROTECTED
COMPRESSED ARCHIVE MAIN FILE FOLDERS.

e. The e-mail submitting the prospective bidder’s electronic bid

should have a Subject in the format “Bid Submission for
[Insert Contract ID]” (e.g. “Bid Submission for 20Z00123”).

59
 In case of multiple compressed archive main file folders, it
shall be submitted in multiple e-mails, each with Subject in
the format “Bid Submission [Insert Number of main
archive folder]/[Insert total number of main archive
folders]” (e.g. “Bid Submission 1/2 for 20Z00123”and “Bid
Submission 2/2 for 20Z00123”.

f. The prospective bidder shall submit its electronic bid to

[Insert dedicated e-mail address] using the prospective
bidder’s e-mail address registered in the Civil Works
Application (CWA). In case prospective bidders are not yet
registered, they can use any e-mail address, subject to the
verification of the BAC Secretariat.

4. Modification of an electronic bid

If a bidder wishes to modify its electronic bid, he may do so

following the procedures in the manual submission of bid or he may
choose to submit his modification electronically in the same format
prescribed in the preparation and submission of an electronic bid,
except that the subject of the e-mail submitting the bid modification
shall be labelled “Bid Modification X for <Contract ID>”, where “X”
represents the number of bid modification submitted. For example,
the subject of an e-mail submitting a first bid modification for
Contract ID No. 20Z00123 should be “Bid Modification 1 for
20Z00123".

5. Non-participation in the Bidding

In case a prospective bidder that have purchased a bidding document

decided not to participate, he may choose to submit his letter of non-
participation manually or electronically. In case of electronic
submission, the contractor shall send an e-mail with the Subject
“Non-participation for <Contract ID>” with the letter of non-
participation as attachment with file name “<PCAB
ID>_<CONTRACT ID>_Non-Participation.pdf”. This e-mail should
be sent to [Insert dedicated e-mail address] before the deadline for
bid submission.

6. Withdrawal of Electronic Bid

Bids may only be withdrawn prior the deadline for bid submission. In
case of withdrawal of an electronic bid, the bidder shall send an e-
mail with the subject “Bid Withdrawal for <Contract ID>” and the
letter of bid withdrawal in pdf format with filename “<PCAB
ID>_<CONTRACT ID>_BidWithdrawal.pdf” shall be attached. This
e-mail should be sent to [Insert dedicated e-mail address] before the
deadline for bid submission.

60
7. Opening of the electronic bid

Only during the actual opening of bids shall the bidder disclose the
passwords for his electronic bid. This can be done by the bidder’s
authorized representative verbally in person, through phone call,
online platforms (e.g. videoconferencing, webcasting), or through
writing. In all cases, the bidders will have only three (3) attempts or
fifteen (15) minutes, whichever comes first, to provide the correct
password. Otherwise, the bidder shall be disqualified except in
unforeseen justifiable circumstances. The bidder may also be
subjected to the three-strike policy (D.O. 17, Series of 2015) as
warranted by the circumstances.

If the bidder chooses to disclose the password through phone call, he

should make sure that the contact numbers as recorded in the Civil
Works Application are open when the BAC calls to ask for the
password. The bidder may also choose to call the BAC number
[Insert BAC phone number] during the bid opening time and wait
for the opening of his bid for him to disclose the password. For online
call/video calls, the bidder may call the BAC Messenger/Skype
account [Insert BAC Messenger/Skype Account].

If the bidder chooses to attend the bid opening through online

conference, the bidder should join the meeting using the following
link [Insert link].

If the bidder chooses to disclose the passwords through writing, the

letters for password 1 (Main File Folder/Technical Component File
Folder) and password 2 (Financial Component File Folder) should be
enclosed in separate envelopes with the sender details (AMO, Bidder
Name, Address) addressed to the BAC Chairperson, with the details
of the bidding (Contract ID, Contract Name, Bid Opening Date and
Time), signed and sealed, with a remark “Password [ Insert 1 or 2].
Do not open before actual bid opening date and time”.

All electronic bids (Password protected compressed archive main file

folder/s) shall be opened first for the opening of the Technical
Component compressed archive file folder/s. This shall be followed
by the opening of the bids submitted manually for the opening of the
Technical Component Envelopes. The same procedures apply for the
Financial Component compressed archive file folder/s and financial
component envelopes.

If the electronic bid or file within it was found to be damaged, could

not be extracted or opened, the bid shall be considered “Failed”.

If the electronic bid is not password-protected or is not in the required

format, the bid shall still be accepted provided that the bidder

61
 acknowledges such condition. The BAC shall assume no
responsibility for the misplacement of the contents of the contents of
the improperly sealed or marked bid, or improperly compressed or
password-protected folder, or for its premature opening.

8. File name convention in case of a Joint Venture Bidder

For Joint Venture (JV), the format of PCAB ID to be used by the

bidder in naming their files, folders and archives shall be “JV-
<PCAB ID of the Lead Member>”. For example, if three (3)
Contractors with PCAB ID Nos. 12345 (lead member), 67890, and
24680 entered into a JV, the PCAB ID they must use is “JV-12345”.

25 Electronic Bidding in accordance with GPPB Resolution No. 23-2013 will not be
adopted for the Receipt of Bids in this procurement.
27.1 The place of opening of Bids is Conference Room, 2nd Floor, DPWH-
Regional Office I, City of San Fernando, La Union.

The date and time of opening of Bids is on November 18, 2020 at 10:00
o/clock A.M.
29 Electronic Bidding in accordance with GPPB Resolution No. 23-2013 will not be
adopted for Bids Opening and Preliminary Examination in this procurement.
34 b(2) List 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 Department of Labor and
Employment, and Precedence Diagram Method (PDM).

35 Electronic Bidding in accordance with GPPB Resolution No. 23-2013 will not
be adopted for Post-Qualification in this procurement.

62
 ANNEX II-1.1F
Section VI. General Conditions of Contract

63
 GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS
1. Definitions …………………………………………………………………………… 64
2. Interpretation ………………………………………………………………………… 66
3. Governing Language and Law ……………………………………………………… 67
4. Communications …………………………………………………………………….. 68
5. Procuring Entity’s Obligation to Deliver the Site, Materials, Equipment, and Plans .. 68
6. Contractor’s Obligations …………………………………………………………… 68
7. Performance Security ……………………………………………………………….. 69
8. Sub-Contracting…………………………………………………………………….. 70
9. Liquidated Damages ………………………………………………………………… 71
10. Site Investigation Reports …………………………………………………………… 72
11. Licenses and Permits ………………………………………………………………… 72
12. Contractor’s Risk and Warranty Security …………………………………………… 72
13. Liability of the Contractor …………………………………………………………… 74
14. Procuring Entity’s Risk…………………………………..…………………………… 74
15. Insurance …………………………………………………………………………….... 74
16. Termination for Default of Contractor …………………………................................... 76
17. Termination for Default of Procuring Entity ………………………………………… 78
18. Termination for Convenience ………………………………………………………… 78
19. Procedure for Termination of Contracts ……….……………………………………. 79
20. Force Majeure and Release from Performance …………………................................ 81
21. Payment on Termination …………..………………………………………………… 82
22. Resolution of Disputes ………………………………………………………………. 82
23. Suspension of Loan, Credit, Grant, or Appropriation ……………………………….. 83
24. Procuring Entity’s Representative’s Decisions ……………………………………… 83
25. Approval of Drawings and Temporary Works by Procuring Entity’s Representative.. 83
26. Acceleration Ordered by Procuring Entity’s Representative ………………………. 83
27. Extension of Intended Completion Date ……………………………………………. 84
28. Contractor’s Right to Claim …………………………………………………........... 84
29. Dayworks ………………………………………………………............................... 84
30. Early Warning ……………………………………………………………………… 84
31. Program of Work …………………………………………………………………… 85
32. Management Conferences ………………………………………………………….. 85
33. Bill of Quantities ……………………………………………………………………. 86
34. Instructions, Inspections and Audits ……………………………………………….. 86
35. Identification of Defects …………………………………………………………….. 86
36. Cost of Repairs ……………………………………………………………………… 87
37. Correction of Defects …………………………………………….............................. 87
38. Uncorrected Defects ………………………………………………………………… 87
39. Advance Payment …………………………………………………………………… 87
40. Monthly Statements or Progress Billings …………………………………………… 88
41. Monthly Certificates and Progress Payments ………………………………………. 88
42. Retention …………………………………………………………………………….. 89
43. Variation Orders ………………………………………………….............................. 90
44. Punch List…………………………………………………………………………….. 92
45. Suspension of Work …………………………………………………………………. 92
46. Extension of Contract Time …………………………………………………………. 94
47. Price Adjustment …………………………………………………………………….. 95
48. Certificates of Completion and Acceptance …………………………………………. 95
49. Taking Over …………………………………………………………………………. 96
50. “As-Built” Drawings and Operating and Maintenance Manuals ……………………. 97
 GENERAL CONDITIONS OF CONTRACT
1. Definitions
1.1 Arbiter is the person appointed jointly by the Procuring Entity and the Contractor
to resolve disputes in the first instance.

1.2 As-Built Drawings refer to the engineering plans for the structure as actually
constructed and completed under this Contract, considering all variations and
modifications as approved and executed.

1.3 Bill of Quantities refers to a list of the specific pay items of the Works under this
Contract, particularly their identification numbers, descriptions, units of
measurement, and quantities, together with their corresponding unit and total bid
prices.

1.4 Certificate of Completion is the document issued by the Procuring Entity,

certifying that the Works have been completed, including correction of all
Defects, as of the end of the Contract Time with approved time extensions, in
accordance with the provisions of this Contract.

1.5 Certificate of Acceptance is the document issued by the Procuring Entity,

certifying that the Works have been completed, including correction of all
Defects, as of the end of the Defects Liability Period, in accordance with the
provisions of this Contract, and that, therefore, the completed Works are accepted
by the Procuring Entity.

1.5 Contract is the legal agreement between the Procuring Entity and the Contractor
to execute, complete, and maintain the Works. It consists of the documents listed
in GCC Clause 2.2.

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

1.7 Contract Time is the allowable period or duration within which the Contract
Works must be completed, i.e., from the Start Date to the Intended Completion
Date as specified in the SCC.

1.8 Contractor is the juridical entity whose bid has been accepted by the Procuring
Entity and to whom this Contract to execute the Work was awarded, entered into,
and approved.

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

1.10 Days are calendar days.

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

1.12 Defect is any part of the Works not constructed in accordance with this Contract.

1.13 Defects Liability Certificate is the certificate issued by Procuring Entity’s

Representative upon correction of defects by the Contractor.

1.16 Defects Liability Period is the one-year period after the issuance of the
Certificate of Completion during which the Contractor assumes the responsibility
to undertake the repair of any defect in or damage to the Works at his own
expense as a condition for the issuance of the Certificate of Acceptance.

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

1.18 Equipment refers to all machines, tools, facilities, supplies, appliances, and
related items required for the execution and completion of the Works provided by
the Contractor and which shall not form or are not intended to form part of the
Permanent Works.

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

1.20 Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.

1.21 Notice to Proceed is a written notice issued by the Procuring the Procuring
Entity’s Representative to the Contractor requiring the latter to begin the Works
not later than the date specified in this Notice.

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

1.22 PERT/CPM is the acronym for Program Evaluation Review Technique/Critical

Path Method and is a technique for planning, scheduling, and controlling a
project, involving a network of interrelated activities with their start and finish
times. The critical path is the longest time path through the network of activities.

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

1.24 Procuring Entity is the party that engages the Contractor to carry out the Works
stated in the SCC.
 1.25 Procuring Entity’s Representative refers to the HoPE or his duly authorized
representative, identified in the SCC, who shall be responsible for supervising the
execution of the Works and administering this Contract.

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

1.27 Site Investigation Reports are factual and interpretative reports about the surface
and subsurface conditions at the Site, which are provided by the Procuring Entity
in the Bidding Documents.

1.28 Slippage is a delay in work execution occurring when actual accomplishment

falls below the target as measured by the difference between the scheduled and
actual accomplishment of the Works by the Contractor as established from the
work schedule. This is actually described as a percentage of the whole Works.

1.29 Specifications mean the description of the Works to be done, qualities of

materials to be used, equipment to be installed, construction methods,
workmanship, and finished product required under this Contract.

1.30 Start Date, as specified in the SCC, is the date when the Contractor is obliged to
commence execution of the Works. It is the same as the effectivity date of the
Contract as stated in the Notice to Proceed. It does not necessarily coincide with
any of the Site Possession Dates.

1.31 Sub-Contractor is any person or organization to whom a part of the Works has
been subcontracted by the Contractor for execution, as allowed by the Procuring
Entity, but not any assignee of such person.

1.32 Temporary Works are works designed, constructed, installed, and removed by
the Contractor that are needed for the construction or installation of the Permanent
Works.

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

2. Interpretation
2.1 In interpreting the Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity’s Representative will
provide instructions clarifying queries about the Conditions of Contract.
 2.2 If sectional completion is specified in the SCC, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date
and Intended Completion Date for the whole of the Works).

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

a. Contract Agreement

b. Documents forming part of the Contract Agreement:

(1) Notice of Award (NOA) with the Contractor’s signed “conforme”

(2) Contractor’s Bid in the Form of Bid, including its Technical and
Financial Proposals, as calculated by the Procuring Entity and
conformed to by the Contractor through the NOA

(3) Bidding Documents (other than b(4) to b(7) below) and Bulletins

(4) Specifications

(5) Drawings

(6) Special Conditions of Contract (SCC)

(7) General Conditions of Contract (GCC)

(8) Performance Security

c. Other Documents

(1) Construction Methods

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

Precedence Diagram and Bar Chart with S-Curve.

(3) Manpower Schedule

(4) Equipment Utilization Schedule

(5) Construction Safety and Health Program initially approved by the

HoPE

(6) Contractor’s All Risk Insurance (CARI)

3. Governing Language and Law

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

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

4. Communications
Communications between parties that are referred to in these Conditions of Contract shall
be effective only when in writing. A notice shall be effective only when it is received by
the concerned party.

5. Procuring Entity’s Obligation to Deliver the Site, Materials, Equipment,

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

5.2 If possession of a portion is not given by the date stated in SCC Clause 5.1, the
Procuring Entity will be deemed to have delayed the start of the relevant
activities. The resulting adjustments in contract time to address such delay shall
be in accordance with GCC Clause 46.

5.3 The Contractor shall bear all costs and charges for special or temporary right-of-
way required by it in connection with access to the Site. The Contractor shall also
provide at its own cost any additional facilities outside the Site required by it for
purposes of the Works.

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

5.5 The Procuring entity shall be responsible for obtaining the appropriate
Environmental Compliance Certificate (ECC) for the Project.

6. Contractor’s Obligations
6.1 The Contractor shall carry out the Works properly and in accordance with this
Contract. The Contractor shall provide all supervision, labor, Materials, Plant and
Equipment, which may be required. All Materials and Plant on Site shall be
deemed to be the property of the Procuring Entity.
 6.2 The Contractor shall commence execution of the Works on the Start Date and
shall carry out the Works in accordance with the approved PERT/CPM network
diagram submitted by the Contractor, as updated with the approval of the
Procuring Entity’s Representative, and shall complete the Works by the Intended
Completion Date.

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

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

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

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

6.7 During Contract implementation, the Contractor and its subcontractors shall abide
at all times by all labor laws, including child labor related enactments, and other
relevant rules.

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

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

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

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

7. Performance Security
7.1 The Contractor shall submit its Performance Security to the Procuring Entity not
later than the date specified in the Notice of Award and shall be issued in any of
the following forms and corresponding amounts in ITB Clause 34.
 7.2 The Performance Security posted in favor of the Procuring Entity shall be
forfeited in the event it is established that the Contractor is in default in any of its
obligations under the Contract.

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

7.4 The Performance Security may be released by the Procuring Entity and returned
to the Contractor after the issuance of the Certificate of Final Acceptance, subject
to the following conditions, provided that the Performance Security is replaced by
a Warranty Security against structural defects and/or failure as provided in GCC
Clause 12:

a. There are no pending claims against the Contractor or the surety company
filed by the Procuring Entity;

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

c. Other terms specified in the SCC.

7.5 The Contractor shall post an additional Performance Security following the
amount and form specified in ITB Clause 34 to cover any cumulative increase of
more than ten percent (10%) over the original value of the contract as a result of
amendments to order or change orders, extra work orders and supplemental
agreements, as the case may be. The Contractor shall cause the extension of the
validity of the performance security to cover approved contract time extensions.

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

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

8. Sub-Contracting
8.1 Unless otherwise provided in the SCC, sub-contracting of the Works shall be
subject to the provisions of DPWH Department Order (DO) No. 38, series of
2015 as provided below.
 8.2 All sub-contracts shall be subject to prior approval of the appropriate official of
the Procuring Entity within the limits of his delegated authority.

8.3 The Contractor may sub-contract portions of the works to such an extent as may
be approved by the Procuring Entity and stated in the SCC, provided that the
Contractor shall directly undertake, using its own resources, not less than fifty
percent (50%) of the contract works in terms of cost.

8.4. Each sub-contractor must comply with the eligibility criteria as specified in the
Eligibility Requirements (ER) for the portion of the contract works to be sub-
contracted to that sub-contractor- e.g., applicable license from the Philippine
Constructors Accreditation Board, satisfactory completion of works similar to
the portion of the contract to be subcontracted and costing at least fifty percent
(50%) of the cost of such portion, and sufficient Net Financial Contracting
Capacity, as well as minimum equipment and manpower. This requirement does
not apply to labor pakyaw contracts.

8.5 The bidder/main contractor may identify the sub-contractors to whom portions of
the contract works will be sub-contracted at any stage of the bidding process or
during contract implementation, provided that any sub-contracting requires prior
approval of the Procuring Entity. Sub-contractors identified during the bidding
may be changed during the implementation of the contract, subject to compliance
with the eligibility requirements and the approval of the Procuring Entity.

8.6 Sub-contracting of any portion of the contract shall not relieve the main
contractor from any liability or obligation that may arise from the contract. The
main contractor shall be responsible for the acts, defaults, and negligence of any
subcontractor, its agents or workmen.

8.7 For any assignment and sub-contracting of the contract or any part thereof
without prior written approval by the concerned Head of the DPWH Procuring
Entity, the DPWH shall impose on the erring contractor, after the termination of
the contract, the penalty of suspension for one (1) year for the first offense, and
suspension of two (2) years for the second offense from participating in the
public bidding process, pursuant to the provision of Appendix 11 Section 4.2 of
the IRR of RA 9184, in accordance with Section 69(6) of RA 9184 and without
prejudice to the imposition of additional administrative sanctions as the internal
rules of the agency may provide and/or further criminal prosecution as provided
by applicable laws.

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

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

10. Site Investigation Reports

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

11. Licenses and Permits

The Procuring Entity shall, if requested by the Contractor, assist it in applying for
permits, licenses or approvals, which are required for the Works. These shall include
assistance to the contractor in securing necessary quarry permits, construction permits,
access to sites, among others, from the Local Government Units concerned.

12. Contractor’s Risk and Warranty Security

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

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

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

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

a. Contractor – where Structural Defects/Failures arise due to faults

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

b. Consultants – where Structural Defects/Failures arise due to faulty and/or

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

c. Procuring Entity’s Representatives/Project Manager/Construction

Managers and Supervisors –where the Structural Defects/Failures are due
to his/their willful intervention in altering the designs and other
specifications; negligence or omission in not approving or acting on
proposed changes to noted defects or deficiencies in the design and/or
specifications; and the use of substandard construction materials in the
project;

d. Third Parties- where Structural Defects/Failures are caused by work

undertaken by them such as leaking pipes, diggings or excavations,
underground cables and electrical wires, underground tunnel, mining shaft
and the like, in which case the applicable warranty to such structure
should be levied to third parties for their construction or restoration works.

e. Users - where Structural Defects/Failures are due to abuse/misuse by the

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

12.5 The warranty against Structural Defects/Failures, except those occasioned on

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

12.6 The Contractor shall be required to put up a warranty security in the form of cash,
bank guarantee, letter of credit, GSIS or surety bond callable on demand, in
accordance with the following schedule:

Table 12.1 Forms and Amounts of Amounts of Warranty Security

Form Minimum Amount
a. Cash or letter of credit (LC) issued by a
Universal or Commercial Bank, provided that Five Percent (5%) of
the LC shall be confirmed by a Universal or Total Contract Price
Commercial Bank, if issued by a foreign bank.
b. Bank guarantee confirmed by a Universal or Ten Percent (10%) of
Commercial Bank. Total Contract Price
 Form Minimum Amount
c. Surety bond callable on demand issued by the
GSIS or a surety or insurance company Thirty Percent (30%)
accredited by the Insurance Commission as of Total Contract Price
authorized to issue such security.

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

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

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

13. Liability of the Contractor

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

14. Procuring Entity’s Risk

From the Start Date until the Certificate of Acceptance is issued, the following are risks
of the Procuring Entity:

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

(1) any type of use or occupation of the Site authorized by the Procuring
Entity after the official acceptance of the works; or

(2) negligence, breach of statutory duty, or interference with any legal right
by the Procuring Entity or by any person employed by or contracted to
him except the Contractor.

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

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

a. Contractor’s All Risk Insurance;

 b. Transportation to the project Site of Equipment, Machinery, and Supplies
owned by the Contractor;

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

d. Comprehensive insurance for third party liability to Contractor’s direct or

indirect act or omission causing damage to third persons.

15.2 The CARI shall cover the value of the completed portions of the Works. It shall
not, however, cover any damage to the Works whose value is not more than ten
percent (10%) of the Total Contract Cost, as this is to be absorbed by the
Contractor. The CARI shall, therefore, start with nil at the beginning of Contract
execution. It shall then be increased over time as the Works progresses so that at
any time it covers the value of the portions of the Works actually completed.

15.3 The Contractor shall provide evidence to the Procuring Entity’s Representative
that the insurance required under this Contract has been effected and shall, within
a reasonable time, provide a copy of the insurance policy to the Procuring Entity’s
Representative.

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

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

15.6 In the event the Contractor fails to observe the above safeguards, the Procuring
Entity may, at the Contractor’s expense, take whatever measure is deemed
necessary for its protection and that of the Contractor’s personnel and third
parties, and/or order the interruption of dangerous Works. In addition, the
Procuring Entity may refuse to make the payments under GCC Clause 41 until
the Contractor complies with this Clause.

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

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

(1) become bankrupt;

 (2) been placed under receivership or under a management committee;

(3) been sued for suspension of payment; or

(4) been suspended by the Insurance Commission and its license to

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

b. Reasonable grounds exist that the insurer may not be able, fully and
promptly, to fulfill its obligation under the insurance policy.

16. Termination for Default of Contractor

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

a. Due to the Contractor’s fault and while the Works are on-going, it has
incurred a negative slippage of fifteen percent (15%) or more in
accordance with Presidential Decree 1870; or

b. Due to the Contractor’s fault and after the Contract time has expired, it has
incurred a negative slippage of ten percent (10%) or more in the
completion of the Works; or

c. The Contractor:

(1) abandons the Contract Works, refuses or fails to comply with a valid
instruction of the Procuring Entity or fails to proceed expeditiously
and without delay despite a written notice by the Procuring Entity;

(2) after receiving a Notice from the Procuring Entity’s Representative

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

(3) does not actually have on the Site the minimum essential equipment
listed in the Bid necessary to prosecute the Works in accordance with
the approved PERT/CPM network diagram and equipment utilization
schedule as required under the Contract;

(4) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations under this
Contract;

(5) neglects or refuses to remove materials or to perform a new work that

has been rejected as defective or unsuitable; or

(6) sub-contracts any part of this Contract without approval by the

Procuring Entity.
d. The Contractor causes a fundamental breach of this Contract. Fundamental
breaches of Contract shall include, but shall not be limited to, the
following:

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

(2) The Contractor is declared bankrupt or insolvent as determined

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

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

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

(4) The Contractor does not maintain a Security, which is required.

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

(6) In case it is determined prima facie by the Procuring Entity that the
Contractor has engaged, before or during the implementation of the
contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to, the
following:

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

practices as defined in ITB Clause 3.10, unless otherwise
specified in the SCC;

(b) drawing up or using forged documents;

(c) using adulterated materials, means or methods, or engaging

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

(d) any other act analogous to the foregoing

The Procuring Entity or the Funding Source will seek to impose

the maximum civil, administrative and/or criminal penalties
available under the applicable law on individuals and organizations
 deemed to be involved with corrupt, fraudulent, or coercive
practices.

16.2 When persons from the Procuring Entity gives notice of a fundamental breach to
the Procuring Entity’s Representative in order to terminate the existing contract
for a cause other than those listed under GCC Clause 16.1-e, the Procuring
Entity’s Representative shall decide whether the breach is fundamental or not.

16.3 If this Contract is terminated, the Contractor shall stop work immediately, make
the Site safe and secure, and leave the Site as soon as reasonably possible.

16.4 All materials on the Site, Plant, Equipment, and Works shall be deemed to be the
property of the Procuring Entity if this Contract is terminated because of the
Contractor’s default.

17. Termination for Default of Procuring Entity

17.1 The Contractor may terminate this Contract with the Procuring Entity when any
of the following conditions attend its implementation:

a. If the works are completely stopped for a continuous period of at least sixty
(60) calendar days through no fault of the Contractor, due to any of the
following reasons:

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

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

(2) The prosecution of the Work is disrupted by adverse peace and

order situation, as certified by the Armed Forces of the Philippines
Provincial Commander and approved by the Secretary of National
Defense.

b. The Procuring Entity causes a fundamental breach of this Contract.

Fundamental breaches of Contract shall include, but shall not be limited
to, the following:

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

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

(2) A payment certified by the Procuring Entity’s Representative is not

paid by the Procuring Entity to the Contractor within eighty four
(84) days from the date of the Procuring Entity’s Representative’s
certificate.

17.2 When persons from the Contractor gives notice of a fundamental breach to the
Procuring Entity’s Representative in order to terminate the existing contract for a
cause other than those listed under GCC Clause 17.1-b, the Procuring Entity’s
Representative shall decide whether the breach is fundamental or not.
18. Termination for Convenience
The Procuring Entity may terminate this Contract, in whole or in part, at any time for its
convenience. The HoPE may terminate this Contract for the convenience of the
Procuring Entity if he has determined the existence of conditions that make Project
Implementation economically, financially or technically impractical and/or unnecessary,
such as, but not limited to, fortuitous event(s) or changes in law and National
Government policies.

19. Procedure for Termination of Contracts

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

a. Verification. Upon receipt of a written report of acts or causes which may

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

b. Notice of Termination. Upon recommendation by the Procuring Entity’s

Representative, the HoPE shall terminate this Contract only by a written
Notice of Termination to the Contractor. The Notice shall state:

(1) that this Contract is being terminated for any of the grounds
aforementioned, and a statement of the acts that constitute the
ground(s).

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

(3) an instruction to the Contractor to show cause as to why this

Contract should not be terminated; and

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

The Notice of Termination shall be accompanied by a copy of the Verified

Report.

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

d. Withdrawal of Notice of Termination. The Procuring Entity may, at

anytime before receipt of the Contractor’s verified position paper,
withdraw the Notice of Termination if it is determined that certain items or
 works subject of the Notice had been completed, delivered, or performed
before the Contractor’s receipt of the Notice.

e. Notice of Decision. Within a non-extendible period of ten (10) calendar

days from receipt of the verified position paper, the HoPE shall serve the
Contractor his written Notice of Decision to confirm or withdraw the
Notice of Termination. If the Notice of Decision is to confirm the Notice
of Termination, then this Contract is deemed terminated from receipt by
the Contractor of the said Notice of Decision. The termination shall be
based only on the grounds stated in the Notice of Termination.

f. Review Committee. The HoPE may create a Contract Termination

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

19.2 Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition of
additional administrative sanctions as the internal rules of the agency may provide
and/or further criminal prosecution as provided by applicable laws, the Procuring
Entity shall impose on contractors after the termination of the contract the penalty
of suspension for one (1) year for the first offense, suspension for two (2) years
for the second offense from participating in the public bidding process, for
violations committed during the contract implementation stage, which include but
not limited to the following:

a. Failure of the contractor, due solely to his fault or negligence, to mobilize

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

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

i. Employment of competent technical personnel, competent

engineers and/or work supervisors;

ii. Provision of warning signs and barricades in accordance with

approved plans and specifications and contract provisions;

iii. Stockpiling in proper places of all materials and removal from the
project site of waste and excess materials, including broken
pavement and excavated debris in accordance with approved plans
and specifications and contract provisions;

iv. Deployment of committed equipment, facilities, support staff and

manpower; and
 ii. Renewal of the effectivity dates of the performance security after
its expiration during the course of contract implementation.

c. Assignment and subcontracting of the contract or any part thereof or

substitution of key personnel named in the proposal without prior written
approval by the Procuring Entity.

d. Poor performance by the contractor or unsatisfactory quality and/or

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

(1) Negative slippage of 15% and above within the critical path of the
project due entirely to the fault or negligence of the contractor; and

(2) Quality of materials and workmanship not complying with the

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

e. Willful or deliberate abandonment or non-performance of the project or

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

In addition to the penalty of suspension, the Performance Security posted by the

contractor shall also be forfeited.

20. Force Majeure and Release from Performance

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

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

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

20.3 If the event continues for a period of eighty four (84) days, either party may give
the other a Notice of Termination, which shall take effect twenty eight (28) days
after the receipt of the Notice.
 20.4 After termination, the Contractor shall be entitled to payment of the unpaid
balance of the value of the Works executed and of the materials and Plant
reasonably delivered to the Site, adjusted by the following:

a. Any sum to which the Contractor is entitled under GCC Clause 28.

b. The cost of his suspension and demobilization.

c. Any sum to which the Procuring Entity is entitled.

20.5 The net balance due shall be paid or repaid within a reasonable time period from
the date of the Notice of Termination.

21. Payment on Termination

21.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Procuring Entity’s Representative shall issue a certificate for the
value of the work done and materials ordered less advance payments received up
to the date of the issue of the certificate and less the value of the work not
completed. Additional liquidated damages shall not apply. If the total amount due
to the Procuring Entity exceeds any payment due to the Contractor, the difference
shall be a debt payable to the Procuring Entity.

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

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

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

22. Resolution of Disputes

22.1 If any dispute or difference of any kind whatsoever shall arise between the parties
in connection with the implementation of the contract covered by RA 9184 and
its IRR, the parties shall make every effort to resolve amicably such dispute or
difference by mutual consultation.

22.2 If the Contractor believes that a decision taken by the Procuring Entity’s
Representative was either outside the authority given to the Procuring Entity’s
Representative by this Contract or that the decision was wrongly taken, the
decision shall be referred to the Arbiter indicated in the SCC within fourteen (14)
days of the notification of the Procuring Entity’s Representative’s decision.
 22.3 Any and all disputes arising from the implementation of this Contract covered by
the RA 9184 and its IRR shall be submitted to arbitration in the Philippines
according to the provisions of RA 876, otherwise known as the “Arbitration Law”
and RA 9285, otherwise known as the “Alternative Dispute Resolution Act of
2004. However, disputes that are within the competence of the Construction
Industry Arbitration Commission to resolve shall be referred thereto. The process
of arbitration shall be incorporated as a provision in this Contract that will be
executed pursuant to the provisions of RA 9184 and its IRR. By mutual
agreement, however, the parties may agree in writing to resort to other alternative
modes of dispute resolution.

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

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

a. The Procuring Entity is obligated to notify the Contractor of such suspension

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

b. If the Contractor has not received sums due it for work already done within forty
five (45) days from the time the Contractor’s claim for payment has been certified
by the Procuring Entity’s Representative, the Contractor may immediately issue a
suspension of work notice in accordance with GCC Clause 44.

24. Procuring Entity’s Representative’s Decisions

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

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

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

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

25.2 The Contractor shall be responsible for the design of Temporary Works.

25.3 The Procuring Entity’s Representative’s approval shall not alter the Contractor’s
responsibility for the design of the Temporary Works.
 25.4 The Contractor shall obtain approval by third parties of the design of the
Temporary Works, when required by the Procuring Entity.

26. Acceleration Ordered by Procuring Entity’s Representative

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

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

27. Extension of Intended Completion Date

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

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

28. Contractor’s Right to Claim

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

29. Dayworks
29.1 Subject to GCC Clause 44 on Variation Orders, and if applicable as indicated in
the SCC, the Dayworks rates in the Contractor’s Bid shall be used for small
additional amounts of work only when the Procuring Entity’s Representative has
given written instructions in advance for additional work to be paid for in that
way.

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

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

30. Early Warning

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

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

31. Program of Work

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

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

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

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

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

32. Management Conferences

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

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

33. Bill of Quantities

33.1 The Bill of Quantities(BOQ), shown in ANNEX II-1.1Jof these Bidding
Documents, shall contain the items of work for the construction, installation,
testing, and commissioning of the Works to be done by the Contractor.

33.2 The BOQ is used to calculate the Contract Price. The Contractor shall be paid for
the actual quantity of each pay item, certified by the Procuring Entity’s
Representative as accomplished, at the unit price in the Bill of Quantities for that
item.

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

33.4 If requested by the Procuring Entity’s Representative, the Contractor shall provide
the Procuring Entity’s Representative a detailed cost breakdown of any unit price
or rate in the BOQ.

34. Instructions, Inspections and Audits

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

34.2 If the Procuring Entity’s Representative instructs the Contractor to carry out a test
not specified in the Specifications to check whether any work has a defect and the
test shows that it does, the Contractor shall pay for the test and any samples. If
there is no defect, the test shall be a Compensation Event.
 34.3 The Contractor shall permit the Funding Source named in the SCC to inspect the
accounts and records of the Contractor relating to its performance and to have
them audited by auditors approved by the Funding Source, if so required by the
Funding Source.

35. Identification of Defects

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

36. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Liability Period shall be remedied by the Contractor
at the Contractor’s expense if the loss or damage arises from the Contractor’s acts or
omissions.

37. Correction of Defects

37.1 The Procuring Entity’s Representative shall give notice to the Contractor of any
defects before the end of the Defects Liability Period, which is one (1) day from
the Completion Date up to the date of issuance of the Certificate of Acceptance by
the Procuring Entity.

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

37.3 The Contractor shall correct the Defects which it notices itself before the end of
the Defects Liability Period.

37.4 The Procuring Entity’s Representative shall certify that all Defects have been
corrected. If the Procuring Entity’s Representative considers that correction of a
Defect is not essential, he can request the Contractor to submit a quotation for the
corresponding reduction in the Contract Price. If the Procuring Entity’s
Representative accepts the quotation, the corresponding change shall be covered
by a Variation Order.

38. Uncorrected Defects

38.1 The Procuring Entity shall give the Contractor at least fourteen (14) days notice of
its intention to use a third party to correct a Defect. If the Contractor itself does
not correct the Defect within that period, the Procuring Entity may have the
Defect corrected by the third party. The cost of the correction will be deducted
from the Contract Price.
 38.2 The use of a third party to correct Defects that are uncorrected by the Contractor
shall in no way relieve the Contractor of its liabilities and warranties under the
Contract.

39. Advance Payment

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

a. The first installment shall require the written request of the Contractor and
submission of the instrument prescribed in GCC Clause 39.2.

b. The second installment shall require a certification of the Project Engineer

of the Procuring Entity that the Contractor has mobilized major equipment
according to the approved Equipment Utilization Schedule.

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

39.3 The Advance Payment shall be repaid by the Contractor by deducting, from
periodic progress payments to be made to the Contractor, a percentage equal to
the percentage of the total Contract Price used for the Advance Payment.

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

40. Monthly Statements or Progress Billings

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

a. the cumulative value of the Works it executed to date, based on the items
in the Bill of Quantities; and

b. adjustments made for approved Variation Orders executed.

40.2 Except as otherwise stipulated in the SCC, materials and equipment delivered on
the site but not completely put in place shall not be included for payment.
41. Monthly Certificates and Progress Payments
41.1 The Procuring Entity’s Representative shall check the Contractor’s monthly SWA
and certify the amount to be paid to the Contractor.

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

41.3 The value of Work executed shall:

a. be determined by the Procuring Entity’s Representative;

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

c. include the valuations of approved variations.

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

41.5 The Procuring Entity’s Representative shall deduct the following from the
certified gross amounts to be paid, resulting in the net amount payable to the
Contractor as Progress Payment:

a. Cumulative value of the Work previously certified and paid for.

b. Portion of the advance payment to be recouped for the month under the
present certificate.

c. Retention money in accordance with GCC Clause 42.

d. Amount to cover approved third party liabilities.

e. Amount to cover uncorrected Defects in the Works.

f. Value of any work item presently certified but already paid for under an
earlier certification.

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

41.7 The first progress payment may be paid by the Procuring Entity to the Contractor
provided that at least twenty percent (20%) of the work has been accomplished as
certified by the Procuring Entity’s Representative.
 41.8 Items of the Works for which a price of “0” (zero) has been entered will not be
paid for by the Procuring Entity and shall be deemed covered by other rates and
prices in the Contract.

41.9 The Procuring Entity shall pay the Contractor a cumulative gross amount not
exceeding ninety percent (90%) of the total Contract price, since the remainder
shall serve as the ten percent (10%) retention money, as provided in GCC Clause
42.

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

42.2 The total retention money shall be due for release upon final acceptance of the
Works. The Contractor may, however, request the substitution of the retention
money for each progress billing with an irrevocable standby letter of credit from a
commercial bank, bank guarantee and/or surety bond callable on demand, of
amounts equivalent to the retention money substituted for and in a form
acceptable to the Procuring Entity. The Procuring Entity shall allow such
substitution provided that the Contract is on schedule and is satisfactorily
undertaken. The said irrevocable standby letter of credit, bank guarantee and/or
surety bond, to be posted in favor of the Procuring Entity, shall be valid for a
duration to be determined by the Procuring Entity and shall answer for the
purpose for which the retention is intended, i.e., to cover uncorrected discovered
Defects and third party liabilities.

42.3 On completion of the whole Works, the Contractor may substitute retention
money with an “on demand” Bank guarantee in a form acceptable to the
Procuring Entity.

43. Variation Orders

43.1 Variation Orders (VOs) shall be subject to the provisions of Annex E of RA 9184-
IRR and DPWH DO 28, series of 2015. may be issued by the Procuring Entity to
cover any increase or decrease in quantities, including the introduction of new
work items not included in the original Contract or reclassification of work items
due to change of plans, design or alignment to suit actual field conditions,
resulting in disparity between the preconstruction plans used for purposes of
bidding and the “as staked plans” or construction drawings prepared after a joint
survey by the Contractor and the Procuring Entity after award of the Contract.
The cumulative amount of the positive or additive VOs, however, shall not exceed
ten percent (10%) of the original Contract cost. The addition or deletion of works
 shall be within the general scope of the Contract as bid and awarded. The scope of
the Works shall not be reduced so as to accommodate a positive VO. .

43.2 A deductive VO may be allowed only if it would not significantly impair the
functionality of the original design, i.e., it must not reduce the size of the facility
by more than ten percent (10%) of the original scope (e.g., shortening of road
length) or must not make the facility unsafe (e.g., removal of guard rails) or
structurally unstable (e.g., removal of a column) or unusable (e.g., removal of a
bridge abutment).

43.3 A VO in the form of a Change Order may be issued by the Procuring Entity to
cover any increase or decrease in quantities of original Work items in the
Contract.

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

43.5 Any cumulative positive VO beyond ten percent (10%) shall be the subject of
another contract to be bid out if the works are separable from the original
Contract.

43.6 In claiming for any VO, the Contractor shall, within seven (7) calendar days after
such work has been commenced or after the circumstances leading to such
condition(s) leading to the extra cost, and within twenty-eight (28) calendar days
deliver a written communication giving full and detailed particulars of any extra
cost in order that it may be investigated at that time. Failure to provide either of
such notices in the time stipulated shall constitute a waiver by the contractor for
any claim. The Contractor shall not “accumulate” claims for VOs before
submitting them to the Procuring Entity for investigation and processing.

43.7 The preparation and submission of VOs shall be as follows:

a. If the Procuring Entity’s Representative/Project Engineer finds that a

Variation Order is necessary, he shall prepare the proposed Order,
accompanied with the Notice submitted by the Contractor, the plans
therefor, his computations on the quantities of the additional, reduced or
modified works involved per item indicating the specific stations where
such works are needed, the date of his inspections and investigations
thereon, and the log book thereof, and a detailed estimate of the unit cost
of such items of work, together with his justifications for the Variation
Order, and shall submit the same to the HoPE for approval.

b. The HoPE or his duly authorized representative, upon receipt of the

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

c. The technical staff or appropriate office of the Procuring Entity shall

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

d. The HoPE or his duly authorized representative, acting upon the

recommendation of the technical staff or appropriate office of the
Procuring Entity, shall approve the Change Order or Extra Work Order,
after being satisfied that the same is justified, necessary, and in order.

d. The timeframe for the processing of VO from the preparation up to the

approval by the HoPE concerned shall not exceed thirty (30) calendar
days.

43.8 Work under VOs shall be valued and paid as follows:

a. At the unit prices for the same items in this Contract.

b. In the absence of unit prices for the same items rates in this Contract, at
prices or rates obtained from those of similar or related items in this
Contract.

c. Failing the above, at appropriate new unit prices or rates equal to or lower
than current market rates and to be agreed upon by both parties and
approved by the HoPE.

44. Punch List

Once the Contract reaches an accomplishment of ninety five percent (95%) of the total
Contract Works, the Procuring Entity may create an inspectorate team to make a
preliminary inspection and submit a punch list to the Contractor in preparation for the
total completion of the Works. The punch list shall contain, among other things, the
remaining unfinished portions of the Works, deficiencies in the Works for necessary
corrections, and the specific time to fully complete the whole Works considering the
approved remaining Contract time. This, however, shall not preclude any claim of the
Procuring Entity for liquidated damages.
45. Suspension of Work
45.1 In accordance with DPWH DO 100, series of 2015, the Procuring Entity, through
its Project Engineer/Engineer’s Representative, shall have the authority to issue a
Work Suspension Order to the Contractor suspend the work wholly or partly by
written order for such period as may be deemed necessary, on any of the following
grounds:

a. Force majeure or any fortuitous event that has taken place, which inflicts
extensive damage and/or makes it difficult to proceed with the work, such
as a devastating earthquake or flood.

b. Failure on the part of the Contractor to correct bad conditions which are
unsafe for workers or for the general public.

c. Failure of the contractor to carry out valid orders given by the Procuring
Entity or to perform any provisions of the contract.

d. Adjustments of plans to suit field conditions as found necessary during

construction.

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

performing work in accordance with the approved construction schedule.

f. Peace and order conditions which makes it extremely dangerous, if not

impossible to work, as certified in writing by the Philippine National
Police (PNP) Station Commander which has responsibility over the
affected area, and confirmed by the Department of Interior and Local
Government (DILG) Regional Director.

g. Major variations initiated by the Government in the scope of the contract

during its implementation to suit changes in physical and economic
conditions.

The Contractor shall immediately comply with such order to suspend the Works
wholly or partly.

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

a. There exist right-of-way problems which prevent the Contractor from

performing work in accordance with the approved construction schedule.

b. Requisite construction plans which must be owner-furnished are not

issued to the contractor precluding any work called for by such plans.
 c. Peace and order conditions make it extremely dangerous, if not possible,
to work. However, this condition must be certified in writing by the
Philippine National Police (PNP) station which has responsibility over the
affected area and confirmed by the Department of Interior and Local
Government (DILG) Regional Director.

d. There is failure on the part of the Procuring Entity to deliver government-

furnished materials and equipment as stipulated in the contract.

e. Delay in the payment of Contractor’s claim for progress billing beyond

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

45.3 The contractor shall immediately demobilize its equipment and manpower upon
its receipt of the Work Suspension Order and to remobilize the same upon the
lifting by the Procuring Entity the Work Suspension Order through a Work
Resumption Order.

45.4 The issuance of a Work Suspension Order shall not be an automatic contract time
extension. A corresponding time extension, complete with the documentary
requirements in accordance with DO No. 52, series of 2012,has to be approved by
the authorized DPWH official in lieu of suspension, subject to evaluation to
consider pre-determined unworkable days, bond extension, quit claim for
damages, and their effect on the approved PERT/CPM schedule in order to reflect
the official revised contract time and expiry date as a result of such suspension. If
the suspension is due to any fault of the contractor, no contract time extension
shall be granted.

46. Extension of Contract Time

46.1 Extension of the Contract Time shall be subject to the provisions of DPWH DO
100, series of 2015 and the provisions of this GCC Clause 46.

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

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

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

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

46.6 Extension of contract time may be granted for any of the following grounds:

a. Rainy/unworkable days considered unfavorable for the prosecution of the

works at the site, based on the actual conditions obtained at the site, in excess
of the number of rainy/unworkable days pre-determined by the Procuring
Entity in relation to the original contract time during the conduct of detailed
engineering and in the preparation of the contract documents as agreed upon
by the parties before contract perfection. In these cases, the time extension
shall be processed for approval only after the total number of pre-determined
rainy/unworkable days as indicated in the contract has been fully utilized as
duly certified by the Procuring Entity’s Representative.

b. Equivalent period of delay due to major calamities such as exceptionally

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

c. Shortage of construction materials, general labor strikes, and peace and order
problems that disrupt construction operations through no fault of the
Contractor, provided that they are publicly felt and certified by appropriate
government agencies such as Department of Trade and Industry (DTI),
Department of Labor and Employment (DOLE), Department of Interior and
Local Government (DILG), and Department of National Defense (DND),
among others.

46.7 The written consent of bondsmen must be attached to any request of the
Contractor for extension of Contract Time and submitted to the Procuring Entity
for consideration, and the validity of the Performance Security shall be
correspondingly extended.
47. Price Adjustment
Except for extraordinary circumstances as determined by the National Economic and
Development Authority (NEDA) and approved by the GPPB, no price adjustment shall
be allowed unless otherwise indicated in the SCC. Nevertheless, in cases where the cost
of the awarded contract is affected by any applicable new laws, ordinances, regulations,
or other acts of the GOP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis.

48. Certificates of Completion and Acceptance

48.1 The issuance of a Certificate of Completion shall be subject to the provisions of
DPWH DO 99, series of 2015.

a. Upon receipt of notice from the contractor that the project is completed,
the HOPE shall instruct its Inspectorate Team to conduct an inspection of
the project and to submit its Completion Inspection Report within fifteen
(15) days, indicating any construction defects/deficiencies detected and
the corresponding measures that must be taken by the contractor to correct
them. If no defects/deficiencies are detected, the report is considered as
the Final Completion Inspection Report.

b. Based on the Inspection Report, the HOPE shall issue to the Contractor a
Notice of Defects/Deficiencies and Required Corrective Repair Works,
with the instructions for the Contractor to commence the repair works
within seven (7) days and to complete the works within thirty (30) days.

c. Upon receipt of advice from the Contractor that the defects and
deficiencies indicated in the said Notice have been corrected, the HOPE
shall instruct the Inspectorate Team to conduct an inspection of the project
and to submit its Completion Inspection Report within seven (7) days. If
the report shows that the defects/deficiencies have been satisfactorily
corrected, the report is considered as the Final Completion Inspection
Report. Otherwise, the process is repeated until the noted
defects/deficiencies have been satisfactorily corrected.

d. Upon the receipt of the Final Completion Inspection Report from the
Inspectorate Team, the HopE shall issue the Certificate of Completion of
the project, certifying that the Project has been satisfactorily completed as
of the date indicated in the Final Inspection Report.

48.2 The Certificate of Acceptance shall be issued by the HoPE at the end of the one-
year Defects Liability period, after all defects/deficiencies, if any, shall have been
repaired by the Contractor to the satisfaction of the same Inspectorate Team of the
Procuring Entity mentioned above and upon submission of the Warranty
Certificate by the Contractor in accordance with the provisions of GCC Clause
12.The issuance of a Certificate of Acceptance shall be subject to the provisions
of DPWH DO 99, series of 2015.
 a. Upon receipt of notice from the Contractor that the project is ready for
inspection after the one-year Defects Liability Period from the issuance of
the Certificate of Completion, the HoPE shall instruct its Inspectorate
Team to conduct an inspection of the project and to submit its Inspection
Report within fifteen (15) calendar days, indicating any construction
defects/deficiencies detected and the corresponding measures that must be
taken by the Contractor to correct them. If no defects/deficiencies are
detected, the report is considered as the Final Acceptance Inspection
Report.

b. Based on the Inspection Report, the HoPE shall issue to the Contractor a
Notice of Defects/Deficiencies and Required Corrective Repair Works,
with the instructions for the Contractor to commence the repair works
within seven (7) calendar days and to complete the works within ninety
(90) days.

c. Upon receipt of advice from the contractor that the defects/deficiencies in

the said Notice have been corrected, the HoPE shall instruct the
Inspectorate Team to conduct an inspection of the project and to submit its
Acceptance Inspection Report within seven (7) days. If the report shows
that the defects/deficiencies have been satisfactorily corrected, the report
is considered as the Final Acceptance Inspection Report. Otherwise, the
process is repeated until the noted defects/deficiencies have been
satisfactorily corrected.

d. Upon the receipt of the Final Acceptance Report, the Head of the I0 shall
issue the Certificate of Acceptance.

49. Taking Over

The Procuring Entity shall take over the Site and the Works within seven (7) days from
the date the Procuring Entity’s Representative issues a Certificate of Acceptance.

50. As-Built Drawings and Operating and Maintenance Manuals

50.1 If As-Built Drawings and/or Operating and Maintenance Manuals are required,
the Contractor shall supply them by the dates stated in the SCC.

50.2 If the Contractor does not supply the said Drawings by the date stated in the SCC,
or if they do not receive the approval of the Procuring Entity’s Representative, the
Procuring Entity’s Representative shall withhold the amount stated in the SCC
from payments due to the Contractor.
 ANNEX II-1.1G
Section VII. Special Conditions of Contract

100
 SPECIAL CONDITIONS OF CONTRACT
GCC Clause
1.19 The Intended Completion Date is July 10, 2021.
1.24 The Procuring Entity is DPWH-Regional Office I, City of San Fernando,
La Union.
1.25 The Procuring Entity’s Representative is GERRY G. JUCAR, BAC
Chairman, DPWH-Regional Office I, City of San Fernando, La Union.
1.26 The Site is located at Piddig-Carasi, Ilocos Norte and is defined in
Drawings No. _______
1.30 The Start Date is December 16, 2020.
1.33 The Works consist of 1. Earthworks (Clearing, Excavation, & Embankment);
2. Construction of Cross Drainages (RCPC); 3. Construction of Slope and Bank
Protection Structures (Stone Masonry); 4. Spreading and Compaction of
Aggregate Sub-Base Course; 5. Construction of Concrete Catch Basins

2.2 No applicable
5.1 The Procuring Entity shall give possession of the Site to the Contractor upon
issuance of the Notice to Proceed (NTP).
6.5 The Contractor shall employ the following Key Personnel:

Minimum Years of Minimum Years of

Key Personnel Similar Experience Similar and
(Same Position) Related
Experience
1 - Project Manager 5 5
1 - Project Engineer 5 5
1 - Materials Engineer DPWH Accredited Materials Engineer I
1 - Foreman 5 3

7.4 c No further instructions.

8.1 Subcontracting is allowed subject to the DPWH evaluation and approval.

8.3 The Contractor shall undertake not less than 50% of the contracted works
with its own resources.
10. The Site Investigation Reports are: if applicable

12.3 No further instructions.

12.5 Semi-Permanent Structures: Five (5) years

22.2 The Arbiter is:

Construction Industry Arbitration Commission
4F Jupiter Bldg., 56 Jupiter Street
Bel Air, Makati City

101
29.1 No dayworks are applicable to the contract.

31.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within ten (10) da y s of delivery of the Le t te r of
Acceptance.
31.3 The period between Program of Work updates is Thirty (30) days.

The amount to be withheld for late submission of an updated Program of Work

is one percent (1%) of the progress billing.
34.3 The Funding Source is the FY 2021

39.1 The amount and schedule of the advance payment is 15% of the Contract Price
to be recouped by deducting fifteen percent (15%) from the periodic progress
billing.
40.2 Materials and equipment delivered on the site but not completely put in place
shall be included for payment.
50.1 The date by which operating and maintenance manuals are required is
not applicable.
The date by which “as built” drawings are required is thirty (30) cal. days
from completion of the project.
50.2 The amount to be withheld for failing to supply the As-Built Drawings by the
date required is 10% of the final Contract Price.

102
 ANNEX II-1.1H
Section VIII. Specifications
1. DPWH Standards

The DPWH Standard Specifications for Public Works and Highways (“Blue Book”)
shall be the main basis for the standards and codes to be met by the goods and materials
to be furnished and work performed or tested for the Contract. In particular, Volume II
of the Blue Book shall be used if the Contract pertains to Highways, Bridges and
Airports. Volume III of the Blue Book shall be used if the Contract pertains to Buildings,
Flood Control and Drainage, or Water Supply. The Blue Book incorporates standards of
the American Association of State Highway and Transportation Officials (AASHTO),
American Society for Testing and Materials (ASTM), and American Concrete Institute
(ACI), among others, pertaining to construction.

The Procuring Entity shall use the Standard Pay Items in the Project and Contract
Management Application (PCMA) in drawing up the Specifications.

2. Modifications of Standards

2.1 Modifications of and additions to standards and codes as stated in the DPWH
Standard Specifications for Public Works and Highways, if any, shall be included
in the enclosed Supplemental Specifications, which is part of these Bidding
Documents.

2.2 Entries in the Supplemental Specifications are numbered to coincide with the
numbering of items in the DPWH Standard Specifications for Public Works and
Highways.

103
 Section VIII-A. Particular Specifications
A.1.1(8): Provision of Field Office for the Engineer (Rental Basis)
The Contractor shall provide or rent a field office and living quarters with an area = 63.00 sq.m. for
the exclusive use of the DPWH Engineer and his staff with the provision of toilet and bath, potable
water, sewerage and electricity connected to a local power supply.

A.1.1 (16): Operation and Maintenance of Field Office for the Engineer
The Office shall be provided with minimum requirements of furniture, equipment, etc. specified
below:
Description Unit Quantity
Bond Paper, 80 gsm (8.27" x 11.69" , 8.5" x 13" , A3) ls 1

B.7(1) Occupational Safety and Health Program

A. Health and Safety Plan

Within one month of his arrival on site the Contractor shall submit a Health and Safety Plan with operational
details of his proposals to the engineer for his approval.

B. Accident Prevention Officer; accidents

1. Due precautions shall be taken by the Contractor, at his own cost, to ensure the safety and protection
against accidents of all staff and labour engaged on the works, local residents in the vicinity of the works,
and the public travelling through the works.
2. The contractor shall have on his staff on site a designated full-time officer qualified to promote and
maintain safe working practices. This officer shall have authority to issue instructions and shall take
protective measures to prevent accidents, including but not limited to the establishment of safe working
practices and the training of staff and labour in their implementation.

3. The contractor shall be responsible for all costs including medical treatment, transport,
accommodation, etc. incurred by any member of the public or his labour forces whether on direct contract or
sub-contract as a result of injuries or illness arising from the execution of the works.

C. Protective Clothing and Safety Equipment

1. The contractor shall at his own expense provide protective clothing and safety equipment to all staff and
labor engaged on the Works to the satisfaction of the Engineer. Such clothing and equipment shall
include, at a minimum, high visibility vests for workers directing traffic, protective footwear for
workmen undertaking concrete mixing work, protective footwear and gloves for any workmen
performing bituminous paving works, protective footwear, hard hats, safety dust masks and otherwise as
appropriate to the job in hand and to the Engineer’s satisfaction.

2. If the Contractor fails to provide such clothing and equipment the employer shall be entitled to provide
the same and recover the cost from the Contractor.

104
D. Medical and First-Aid Facilities

The contractor shall provide and maintain throughout the duration of the Contract, a medical examining
room and sick bay together with all necessary supplies and equipment to be sited in the Contractor’s main
camp. The rooms shall be used exclusively for medical purposes and shall be of good quality construction
with electric lighting and otherwise suitable for their purpose. The sick bay shall have at least two beds, and
shall be provided with adjacent washing and sanitation facilities.

The contractor shall employ part time Safety Practitioner and first aider on site who shall be engaged solely
for medical duties.

The contractor shall at his own expense provided first aid equipment at all camps and work sites to the
satisfaction of the Engineer, and shall ensure that at all camps and works shall at all times have a person
qualified in first-aid with access to appropriate first-aid equipment.

The location of the medical room and other medical and first-aid facilities shall be made known to all
employees by posting suitable notices at prominent locations around the site and by verbal instruction upon
recruitment.

E. Supply of Drinking Water, Sanitation

The Contractor shall provide on the Site and at his expense an adequate supply of potable drinking water for
all staff and labor engaged on the works, together with sanitary facilities (portable toilets or latrines), to the
satisfaction of the Engineer. The Contractor shall thoroughly disinfect and fill all latrine pits, sumps and
trenches when no longer required.

F. Measurement and Payment

Health and Safety will be measured and paid in accordance with the current DPWH Department Order,
series 2005: Re “Guidelines for the Implementation of DOLE D.O. No. 13, series of 1998, Governing
Occupational Safety and health in the Construction Industry”.

105
 ANNEX II-1.1I
Section IX. Drawings

Please See Attached

Construction Plans/Drawings
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

BILL OF QUANTITIES
Part No. _____________ Part Description: _____________________________

Pay Item Unit Price Amount

Description Unit Quantity
No. (Pesos) (Pesos)

(1) (2) (3) (4) (5) (6)

PART A FACILITIES FOR THE ENGINEER

In words: Pesos In figures:
Provision of Field Php__________
A.1.1(8) Office for the Engineer mo 6.87
(Rental Basis) In figures:
Php___________
In words: Pesos In figures:
Operation & Php__________
A.1.1(16) Maintenance of Field mo 6.87
Office for the Engineer In figures:
Php___________

TOTAL OF PART A Php________

PART B OTHER GENERAL REQUIREMENTS

In words: Pesos In figures:
Php__________
B.5 Project Billboard /
each 2.00
Signboard
In figures:
Php____________
In words: Pesos In figures:
Php__________
Occupational Safety and
B.7(1) mo 5.80
Health Program
In figures:
Php____________
In words: Pesos In figures:
Php__________
Mobilization /
B.9 l.s. 1.00
Demobilization
In figures:
Php____________

TOTAL OF PART B Php________

 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------
Pay Item Unit Price Amount
Description Unit Quantity
No. (Pesos) (Pesos)

PART C EARTHWORKS
In words: Pesos In figures:
Php__________
1700(1) Clearing and Grubbing sq.m. 2,925.00
In figures:
Php____________
In words: Pesos In figures:
Php__________
Structure Excavation,
1702(1)a cu.m. 750.00
common soil
In figures:
Php____________
In words: Pesos In figures:
Php__________
1704(1)b Embankment from borrow cu.m. 7,667.69
In figures:
Php____________
TOTAL OF PART C Php________
PART D SUBBASE AND BASE COURSES
In words: Pesos In figures:
Php__________
200(1) Aggregate Subbase Course cu.m. 5,845.82
In figures:
Php____________
TOTAL OF PART D Php________

PART G DRAINAGE AND SLOPE PROTECTION STRUCTURES

In words: Pesos In figures:

Php__________
Reinforcing Steel, Grade
404(1)a kg. 45,808.00
40
In figures:
Php____________
In words: Pesos In figures:
Php__________
Structural Concrete, 27.58
405(1)b3 cu.m 1,274.00
Mpa, Class A, 28 days
In figures:
Php____________
In words: Pesos In figures:
Php__________
Bed Course Granular
1712(1) cu.m 723.00
Material
In figures:
Php___________
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

Pay Item Unit Price Amount

Description Unit Quantity
No. (Pesos) (Pesos)

In words: Pesos In figures:

Php__________
Structural Steel Sheet
1716(6)a m 7,500.00
Piles, Furnished, New
In figures:
Php___________
In words: Pesos In figures:
Php__________
Structural Steel Sheet
1716(12) m 7,500.00
Piles, Driven
In figures:
Php___________
TOTAL OF PART G Php________

Grand Total Php________

Submitted by:
_____________________________
Name and signature of Bidder’s Representative Date: __________________
____________________________
Position
____________________________
Name of Bidder
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

SUMMARY OF BID PRICES

(All Parts of Bill of Quantities or BOQ)

Instructions for completing the Summary of Bid Prices:

1. Part No. – Enter the “Part No.” for each section of the BOQ where unit prices are entered.

2. Part Description – Enter the “Part Description” corresponding to the “Part No.”

3. Total Amount – Enter the “Total Amount” in Pesos for all pages having the same “Part
Description”

Part No. Part Description Total Amount

PART A FACILITIES FOR THE ENGINEER

PART B OTHER GENERAL REQUIREMENTS

PART C EARTHWORKS

PART D SUBBASE AND BASE COURSES

PART G DRAINAGE AND SLOPE PROTECTION STRUCTURES

Total of Amount

Total of All Amounts in Words:

Pesos ______________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
and ___________________________________ centavos.

Name ___________________________ in the capacity of _____________________________________

Signed __________________________ Date _______________________________________________

Duly authorized to sign the Bid for and on behalf of __________________________________________

____________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------
DPWH-INFR-18-2016 Page 1 of 1
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------
ANNEX II-1.1K

Section XI. Bidding Forms

The Bidder shall use the Bidding Forms (BFs) listed below in preparing its Bid and, in case it is
awarded the contract, in preparing the documents required to perfect the contract.

DPWH-INFR-05: Contractor’s Confidential Application Statement for Registration (CCASR)

DPWH-INFR-06: Contractor’s Registration Certificate (CRC)

DPWH-INFR-07: Contractor’s Information (CI)

DPWH-INFR-09: Bid Form

DPWH-INFR-10: Form of Bid Security: Bank Guarantee

DPWH-INFR-11: Form of Bid Security: Irrevocable Letter of Credit

DPWH-INFR-12: Form of Bid Securing Declaration

DPWH-INFR-13: Contractor’s Organizational Chart for the Contract

DPWH-INFR-14: List of Contractor’s Key Personnel to be Assigned to the Contract, with

their Qualification and Experience Data

DPWH-INFR-15: List of Contractor’s Equipment Units to be Assigned to the Contract,

Supported by Certificates of Availability

DPWH-INFR-16: Sworn Statement Required by IRR Section 25.2b)iv)

DPWH-INFR-17: Bill of Quantities (BOQ)

DPWH-INFR-18: Summary of Bid Prices

DPWH-INFR-19: Cash Flow by Quarter

DPWH-INFR-20: Bidder’s Checklist of Requirements for Its Bid, Including Technical and
Financial Proposals Requirement for Bidders

DPWH-INFR-43: Performance Security: Irrevocable Letter of Credit

DPWH-INFR-44: Performance Security: Bank Guarantee

DPWH-INFR-45: Construction Methods

 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

DPWH-INFR-46: Construction Schedule in the form of PERT/CPM or Precedence Diagram

and Bar Chart with S-Curve and Cash Flow

DPWH-INFR-47 Manpower Schedule

DPWH-INFR-48: Major Equipment Utilization Schedule

DPWH-INFR-49: Construction Safety and Health Program

DPWH-INFR-50: Checklist of Contract Documents and Supporting Documents

DPWH-INFR-51: Form of Contract Agreement

 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------
TECHNICAL AND FINANCIAL PROPOSALS

The Technical Proposal shall contain the following:

 If Joint Venture, PCAB Special JV License

 Bid Security (Form DPWH-INFR-10, 11, or 12, as applicable)

 Duly initialed Organizational Chart for the Contract (Form DPWH-INFR-13)

 Duly initialed Contractor’s List of Key Personnel for the Contract (Form DPWH-INFR-14)

 Duly initialed List of Contractor’s Major Equipment (Form DPWH-INFR-15)

 Sworn statement under RA9184-IRR Sec. 25.2b)iv) (Form DPWH-INFR-16)

 Signatory is proprietor/duly authorized representative of bidder.

 Full power and authority to perform acts or represent bidder.
 Not “blacklisted” or barred from bidding.
 Each document is authentic copy of original, complete, and correct.
 Authorizing Head of Procuring Entity to verify all documents submitted.
 Not related to HOPE, BAC, TWG, Secretariat, PMO/IU, within 3rd civil degree.
 Complies with existing labor laws and standards.
 Aware of and undertaken responsibilities as a bidder.
 Did not give any commission, amount, fee, or consideration.

The Financial Proposal shall contain the following:

 Duly signed Bid Form (Form DPWH-INFR-09)

 Duly signed Bid Prices in the Bill of Quantities (Forms DPWH-INFR-17 and 18)

 Duly initialed Detailed Estimates

 Duly initialed Cash Flow by Quarter (Form DPWH-INFR-19)

-------------------------------------------------------------------------------------------------------------------
DPWH-INFR-20-2016 Page 1 of 1
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------
REPUBLIC OF THE PHILIPPINES )
CITY OF _______________________ ) S.S.
x-------------------------------------------------------x
BID-SECURING DECLARATION

Invitation to Bid: [Insert reference number]

Contract ID:
Contract Name:

To: [Insert name and address of the Procuring Entity]

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 the written demand by the Procuring Entity for the commission of acts
resulting to the enforcement of the bid securing declaration under Sections 23.1(b),
34.2, 40.1 and 69.1, except 69.1(f), of the IRR of RA 9184; without prejudice to other
legal action the government may undertake.

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

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

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

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

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

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]

[Insert signatory’s legal capacity]
Affiant

---------------------------------------------------------------------------------------------------------
DPWH-INFR-12-2016 Page 1 of 2
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

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 ____.

Note: This must be dry-sealed.

---------------------------------------------------------------------------------------------------------
DPWH-INFR-12-2016 Page 2 of 2
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

FORM OF BID SECURITY: IRREVOCABLE LETTER OF CREDIT

Date of Issuance

Name of Head of Procuring Entity

Position
Name of Procuring Entity
Address

Irrevocable Letter of Credit No. ______

For: Contract ID and Name____________________________

WHEREAS, Name of Bidder , hereinafter called the “Bidder,” has undertaken to submit to you a bid for the
above stated Contract, and whereas you have stipulated in the Instructions to Bidders for the said Contract that the
Bidder shall furnish you with an irrevocable standby Letter of Credit for a sum specified therein as Bid Security for
the faithful compliance of the obligations of the Bidder:

WHEREAS, the Conditions of this obligation are that:

1) if the Bidder withdraws the Bid during the period of bid validity specified in the Form of
Bid; or

2) if the Bidder does not accept the correction of arithmetical errors of its bid price in
accordance with the Instructions to Bidder; or

3) if the Bidder having been notified of the acceptance of the Bid and award of contract to it
by the Entity during the period of bid validity:
a) fails or refuses to submit the requirements for and to execute the Form of Contract in accordance with
the Instructions to Bidders; or

b) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of its first written demand,
without the Entity having to substantiate its demand, provided that in its demand the Entity will note
that the amount claimed by it is due to the occurrence of any one or combination of the three (3)
conditions stated above.

WHEREAS, we have agreed to guarantee this obligation of the Bidder.

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-11-2016 Page 1 of 2
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

THEREFORE, we hereby affirm that we are guarantors and responsible to you, on behalf of the Bidder, up to the
total amount of amount of guarantee and we undertake to pay you, upon first written demand declaring the
Bidder to be in default under the Instructions to Bidders and without cavil or argument, any sum or sums within the
limits of _amount of guarantee as aforesaid, without you needing to prove or show grounds or reasons for
your demand for the sum specified therein.

This irrevocable guarantee is valid until one hundred twenty (120) calendar days after the date of opening of bids for
the said Contract on date__.

This certification is being issued in favor of the said Bidder in connection with your requirements of the bidding for
the said Contract. We are aware that any false statements issued by us make us liable to perjury.

Name and Signature of Authorized Financing Institution

Official Designation

Concurred by:

Name and Signature of Bidder’s Authorized Representative

Official Designation

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-11-2016 Page 2 of 2
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

FORM OF BID SECURITY: BANK GUARANTEE

WHEREAS, ___Name of Bidder__, hereinafter called “the Bidder,” has submitted its bid dated
_________ for the ___Contract ID and Name__, hereinafter called “the Bid.”

KNOW ALL MEN by these presents that We, __Name of Bank__ of __Name of Country__, having
our registered office at ________________________, hereinafter called “the Bank,” are bound unto
__Name of Procuring Entity__, hereinafter called “the Entity,” in the sum of ________amount in
words and figures________ for which payment well and truly to be made to the said Entity the Bank
binds itself, its successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _____ day of _________ 20___.

THE CONDITIONS of this obligation are that:

1) if the Bidder withdraws the Bid during the period of bid validity specified in the Form of
Bid; or

2. if the Bidder does not accept the correction of arithmetical errors of its bid price in
accordance with the Instructions to Bidder; or

3. if the Bidder having been notified of the acceptance of the Bid and award of contract to it
by the Entity during the period of bid validity:

a) fails or refuses to submit the requirements for and to execute the Form of Contract in
accordance with the Instructions to Bidders, if required; or
b) fails or refuses to furnish the Performance Security in accordance with the
Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of its first written demand,
without the Entity having to substantiate its demand, provided that in its demand the Entity will note
that the amount claimed by it is due to the occurrence of any one or combination of the three (3)
conditions stated above.

The Guarantee will remain in force up to a period of _______________ days after the opening of
bids as stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach
the Bank within the said period.

Name and Signature of Bank’s Authorized Signatory Date: _________________

Position
----------------------------------------------------------------------------------------------------------------------
DPWH-INFR-10-2016 Page 1 of 1
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------

CONTRACTOR’S ORGANIZATIONAL CHART FOR THE CONTRACT

Submit a copy of the Organizational Chart that the Contractor intends to use to execute the
Contract if awarded to it. Indicate in the chart the names of the Project Manager, Project
Engineer, Structural Engineer, Materials and Quality Control Engineer, Foremen, and other
Key Personnel, as required in the Instructions to Bidders (Bid Data Sheet). Include Sub-
Contractors, if any.

Attach the required Proposed Organizational Chart for the Contract as stated above.

Name and Signature of Bidder’s Representative Date: _____________

Position
Name of Bidder

----------------------------------------------------------------------------------------------------------------------------
----DPWH-INFR-13-2016 Page 1 of 1
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------
LIST OF CONTRACTOR’S KEY PERSONNEL TO BE ASSIGNED TO THE CONTRACT, WITH THEIR
QUALIFICATION DATA

Date of Issuance

Name of Head of Procuring Entity

Position
Name of Procuring Entity
Address

Dear Sir/Madame:

Supplementing our Organizational Chart for the abovestated Contract, we submit, and certify as true and correct, the
following information:

1. We have engaged the services of the following key personnel to perform the duties of the positions
indicated in the abovestated Contract if it is awarded to us:

Proposed Position (as Name Years of Experience

applicable) Total (Similar Similar
and Related) Position
Project Manager
Project Engineer
Materials Engineer
Construction Safety Officer
Foreman
Others (specify)

2. We submit the enclosed Curriculum Vitae and Affidavits of Commitment to Work on the Contract of these
key personnel.

3. We ensure that the abovementioned personnel shall employ their best care, skill, and ability in performing
the duties of their respective positions in accordance with the provisions of the Contract, including the
Conditions of Contract, Specifications, and Drawings, and that they shall be personally present in the
jobsite during the period of their assignment in the Contract.

4. In the event that we choose to replace any of the abovementioned key personnel, we shall submit to you in
writing at least fourteen (14) days before making the replacement, for your approval, the name and biodata
of the proposed replacement whose qualifications shall be equal to or better than that of the person to be
replaced.

5. We understand that any violation of the abovestated conditions shall be a sufficient ground for us to be
disqualified from this Contract and future biddings of the DPWH.

Very truly yours,

Name and Signature of Bidder’s Authorized Representative

------------------------------------------------------------------------------------------------------------
DPWH-INFR-14-2016
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------
LIST OF CONTRACTOR’S MAJOR CONSTRUCTION AND LABORATORY EQUIPMENT UNITS TO BE ASSIGNED TO THE CONTRACT,
SUPPORTED BY CERTIFICATIONS OF AVAILABILITY

Business Name : ___________________________________________________

Business Address : ___________________________________________________
___________________________________________________
Description Model/Year Capacity / Plate No. Motor No. / Location Condition Proof of Ownership /
Performance / Size Body No. Lease/Purchase
A. Owned1
i.
ii.
iii.
iv.
v.
B. Leased2
i.
ii.
iii.
iv.
v.
C. Under Purchase Agreements3
i.
ii.
iii.
iv.
v.
1Attched are copies of sales invoice / Registration Certificate from LTO.
2
Attached are the certifications from the lessors that the equipment units under B (Leased) shall be available for this contract.
3
Attached are the certifications from the vendors that the equipment units under C (Purchase Agreements) shall be available for this contract.

Minimum major construction equipment requirement as prescribed in the Bid Data Sheet: Minimum major laboratory equipment requirements as prescribed in Bid Data Sheet:
________________________________ ________________________________
______________________ _______________________________
______________________ ________________________________

Name and Signature of Bidder’s Representative Date: _____________________

Position
Name of Bidder
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-15-2016 Page 1of 1
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------
OMNIBUS SWORN STATEMENT
AS REQUIRED BY RA 9184-IRR SECTION 25.2b)iv)

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 the [Name of the Project] of the [Name of
the Procuring Entity] accompanied by the duly notarized Special Power of Attorney,
Board/Partnership Resolution, or Secretary’s Certificate, whichever is applicable;
3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the
Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign
government/foreign or international financing institution whose blacklisting rules have been
recognized by the Government Procurement Policy Board;
4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy
of the original, complete, and all statements and information provided therein are true and
correct;
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized
representative(s) to verify all the documents submitted;
---------------------------------------------------------------------------------------------------------
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------
DPWH-INFR-16-2016 Page 1 of 3
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/Implementing
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//Implementing 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/Implementing 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;

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) Make 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]; and

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount, fee, or any
form of consideration, pecuniary or otherwise, to any person or official, personnel or
representative of the government in relation to any procurement project or activity.

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

______________________________________
[Bidder’s Representative/Authorized Signatory]
---------------------------------------------------------------------------------------------------------
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------
DPWH-INFR-16-2016 Page 2 of 3

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution],
Philippines. Affiant/s is personally known to me and was 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
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 ____.

---------------------------------------------------------------------------------------------------------
DPWH-INFR-16-2016 Page 3 of 3
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------
BID FORM

Date:

To: Name of Procuring Entity

Address

We, the undersigned, declare that:

a. we have examined and have no reservation on the Bidding Documents (BDs), including
Supplemental/Bid Bulletins, for the above stated Contract;
b. we offer to execute the Works for this Contract in accordance with the said BDs, including the
Bid Data Sheet, General and Special Conditions of Contract, Specifications and Drawings
therein;
c. we present our Bid to execute the Works, consisting of our Technical Proposal (Annex “A”)
and our Financial Proposal (Annex “B”);
d. our Technical Proposal includes the following required documents:
(1) Bid Security in the required form, amount and validity period, using Form DPWH-INFR-
09, 10, or 11, as applicable (Annex “A-1”)
(2) Organizational Chart for the Contract, using Form DPWH-INFR-13 (Annex “A-3”)
(3) Contractor’s Certification on Key Personnel for the Contract, with the Key Personnel’s
Affidavits of Commitment to Work on the Contract, using Form DPWH-INFR-14 (Annex
“A-4”)
(4) List of Contractor’s Major Equipment Pledged for the Contract, using Form DPWH-INFR-
15 (Annex “A-5)
(5) Omnibus Sworn Statement required under RA 9184-IRR Sec. 25.2b)iv), using Form
DPWH-INFR-15 (Annex “A-6”);
e. our Financial Proposal includes the following required documents:
(1) Tis Bid Form (Annex “B-1”)
(2) Bid prices in the Bill of Quantities Form, using Forms DPWH-INFR-16 and 17 (Annex
“B-2”)
(3) Detailed estimates (Annex “B-3”)
(4) Cash flow by quarter, using Form DPWH-INFR-18 (Annex “B-4”);
f. the total price of our Bid for this Contract based on the unit prices in the said Bill of
Quantities, excluding any discounts offered in item (g) below, is: total Bid price in words
and in figures;
g. the discounts we offer and the methodology for their application for this Contract are:
________________________;
---------------------------------------------------------------------------------------------------------
DPWH-INFR-09-2016 Page 1 of 2
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------

h. our Bid shall be valid for a period of _______________________ days after the date fixed
for the opening of bids in accordance with the Bidding Documents, and it shall remain
binding upon us and may be accepted by you at any time before the expiration of that period;

i. if our Bid is accepted and we receive from you a Notice of Award, we commit, within ten
(10) calendar days after our receipt of the said Notice, (1) to submit to you the required
Performance Security and other documents prescribed in the Bidding Documents, and (2) to
sign the Contract Agreement;

j. we understand that, if the contract is awarded to us, this Bid, together with your written
acceptance thereof through your Notice of Award, shall constitute a binding contract
between us, until a formal Contract Agreement is prepared and executed;

k. we understand that you are not bound to accept the Lowest Calculated Bid or any other Bid
that you may receive; and

l. we acknowledge that failure to sign each page of this Form of Bid and the accomplished Bill
of Quantities shall be a ground for the rejection of our Bid.

Name: ______________________________
In the capacity of:
Signed:
Duly authorized to sign the Bid for and on behalf of:
Date:

---------------------------------------------------------------------------------------------------------
DPWH-INFR-09-2016 Page 2 of 2
 Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------

CASH FLOW BY QUARTER

PARTICULAR TOTAL. YEAR _____ YEAR _____

1st Q 2nd Q 3rd Q 4th Q 1ST Q 2ND Q 3RD Q 4TH Q
ACCOMPLISHMENT, IN % 100.0%
CASH FLOW, IN PhP
CUMULATIVE ACCOMPLISHMENT, IN % 100.0%
CUMULATIVE CASH FLOW, IN PhP

PARTICULAR TOTAL. YEAR _____ YEAR _____

1st Q 2nd Q 3rd Q 4th Q 1ST Q 2ND Q 3RD Q 4TH Q
ACCOMPLISHMENT, IN %
CASH FLOW, IN PhP
CUMULATIVE ACCOMPLISHMENT, IN %
CUMULATIVE CASH FLOW, IN PhP

Submitted by:

Name and Signature of Bidder’s Representative Date: _______________

Position
Name of Bidder

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-19-2016 Page 1 of 1