PHILIPPINE BIDDING DOCUMENTS CONTRACT ID NO. 25GHNO0002 SUPPLY AND DELIVERY OF SIGNAGES, BARRIERS AND CONSTRUCTION MATERIALS Government of the Republic of the Philippines Sixth Edition July 2020Preface These Philippine Bidding Documents (PBDs) for the procurement of Goods through Competitive Bidding have been prepared by the Government of the Philippines for use by any branch, constitutional commission or office, agency, department, bureau, office, or instrumentality of the Government of the Philippines, National Goverment Agencics, including Government-Owned and/or Controlled Corporations, Government Financing Institutions, State Universities and Colleges, and Local Government Unit. ‘The procedures and practices presented in this document have been developed through broad experience, and are for mandatory use in projects that are financed in whole or in part by the Government of the Philippines or any foreign government/foreign or intemational financing institution in accordance with the provisions of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184. The Bidding Documents shall clearly and adequately define, among others: (i) the objectives, scope, and expected outputs and/or results of the proposed contract or Framework Agreement, as the case may be; (ii) the eligibility requirements of Bidders; (ii) the expected contract or Framework Agreement duration, the estimated quantity in the case of procurement of goods, delivery schedule and/or time frame; and (jv) the obligations, duties, and/or functions of the winning bidder. Care should be taken to check the relevance of the provisions of the PBDs against the requirements of the specific Goods to be procured. If duplication of a subject is inevitable in other sections of the document prepared by the Procuring Entity, care must be exercised to avoid contradictions between clauses dealing with the same matter. Moreover, each section is prepared with notes intended only as information for the Procuring Entity or the person drafting the Bidding Documents. They shall not be included in the final documents. The following general directions should be observed when using the documents: a. All the documents listed in the Table of Contents are normally required for the procurement of Goods. However, they should be adapted as necessary to the circumstances of the particular Procurement Project. b. Specific details, such as the “name of the Procuring Entity” and “address for bid submission,” should be furnished in the Instructions to Bidders, Bid Data Sheet, and Special Conditions of Contract. The final documents should contain neither blank spaces nor options. ©. This Preface and the footnotes or notes in italics included in the Invitation to Bid, Bid Data Sheet, General Conditions of Contract, Special Conditions of Contract, Schedule of Requirements, and Specifications are not part of the text of the final document, although they contain instructions that the Procuring Entity should strictly follow.‘The cover should be modified as required to identify the Bidding Documents as to the Procurement Project, Project Identification Number, and Procuring Entity, in addition to the date of issue. ications for specific Procurement Project details should be provided in the Conditions of Contract as amendments to the Conditions of Contract. For easy completion, whenever reference has to be made to specific clauses in the Bid Data Sheet or Special Conditions of Contract, these terms shall be printed in bold typeface on Sections I (Instructions to Bidders) and III (General Conditions of Contract), respectively. For guidelines on the use of Bidding Forms and the procurement of Foreign- Assisted Projects, these will be covered by a separate issuance of the Government Procurement Policy Board.Table of Contents Glossary of Acronyms, Terms, and Abbreviations ... Section I. Invitation to Bid Section II. Instructions to Bidders........... 1. Scope of Bid 2. Funding Information. 3. Bidding Requirements 4. Corrupt, Fraudulent, Collusive, and Coercive Practices. 5. Eligible Bidders.. 6 7. 8 Origin of Goods .. Subcontracts .. . _ Pre-Bid Conference 9. Clarification and Amendment of Bidding Documents .. 10. Documents comprising the Bi lity and Technical Components .. 11. Documents comprising the Bid: Financial Component 12. Bid Prices ... 13. Bid and Payment Currencies .. 14, Bid Security 15. Sealing and Marking of Bids 16. Deadline for Submission of Bids 17. Opening and Preliminary Examination of Bids 18. Domestic Preference ... 19. Detailed Evaluation and Comparison of Bids 20. — Post-Qualification .. 21. Signing of the Contract .. Section MI. Bid Data Sheet .. Section [V. General Condi 1. Scope of Contract ... Advance Payment and Terms of Payment Performance Security Inspection and Tests ‘Warranty . Liability of the Supplier Section V. Special Conditions of Contract Section VI. Schedule of Requirements Section VIL. Technical Specifications Section VILL. Checklist of Technical and Financial Documents ....... ns of Contract ayayeylossary of Acronyms, Terms, and Abbreviations ABC — Approved Budget for the Contract. BAC — Bids and Awards Committee. Bid — A signed offer or proposal to undertake a contract submitted by a bidder in response to and in consonance with the requirements of the bidding documents, Also referred to as Proposal and Tender. (2016 revised IRR, Section 5{¢]) Bidder — Refers to a contractor, manufacturer, supplier, distributor and/or consultant: who submits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR, Section 5{d]) Bidding Documents ~ The documents issued by the Procuring Entity as the bases for bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016 revised IRR, Section Sfe}) BIR — Bureau of Intemal Revenue. BSP ~ Bangko Sentral ng Pilipinas. Consulting Services — Refer to services for Infrastructure Projects and other types of projects or activities of the GOP requiring adequate extemal technical and professional expertise that are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to: @ advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies. (2016 revised IRR, Section 5[i]) CDA - Cooperative Development Authority. Contract — Refers to the agreement entered into between the Procuring Entity and the Supplier or Manufacturer or Distributor or Service Provider for procurement of Goods and Services; Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for Procurement of Consulting Services; as the case may be, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. CIF — Cost Insurance and Freight, CIP — Carriage and Insurance Paid. CPI— Consumer Price Index. DDP — Refers to the quoted price of the Goods, which means “delivered duty paid.” 4DTI — Department of Trade and Industry. EXW -Ex works, FCA —“Free Carrier” shipping point. FOB —“Free on Board” shipping point. Foreign-funded Procurement or Foreign-Assisted Project~ Refers to procurement whose funding source is from a foreign government, foreign or international financing institution as specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section 5[b)). Framework Agreement ~ Refers to a written agreement between a procuring entity and a supplier or service provider that identifies the terms and conditions, under which specific purchases, otherwise known as “Call-Ofis,” are made for the duration of the agreement. Itis in the nature of an option contract between the procuring entity and the bidder(s) granting the procuring entity the option to either place an order for any of the goods or services identified in the Framework Agreement List or not buy at all, within a minimum period of one (1) year to a maximum period of three (3) years. (GPPB Resolution No. 27-2019) GFI— Government Financial Institution. GOCC — Government-owned and/or —controlled corporation. Goods — Refer to all items, supplies, materials and general support services, except Consulting Services and Infrastructure Projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the Procuring Entity for such services. The term “related” or “analogous services” shall include, but is not limited to, lease or purchase of office space, media advertisements, health maintenance services, and other services essential to the operation of the Procuring Entity. (2016 revised IRR, Section Sfr}) GOP — Government of the Philippines. GPPB — Government Procurement Policy Board. INCOTERMS - International Commercial Terms. Infrastructure Projects — Include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electtification facilities, nationalbuildings, school buildings, hospital buildings, and other related construction projects of the government. Also referred to as civil works or works. (2016 revised IRR, Section 5{u]) LGUs —Local Government Units. NECC -Net Financial Contracting Capacity. NGA - National Government Agency. PhilGEPS - Philippine Government Electronic Procurement System. Procurement Project — refers to a specific or identified procurement covering goods, infrastructure project or consulting services. A Procurement Project shall be described, detailed, and scheduled in the Project Procurement Management Plan prepared by the agency which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB Circular No. 06-2019 dated 17 July 2019) PSA — Philippine Statistics Authority. SEC — Securities and Exchange Commission, SLCC — Single Largest Completed Contract. Supplier — refers to a citizen, or any corporate body or commercial company duly organized and registered under the laws where it is established, habitually established in business and engaged in the manufacture or sale of the merchandise or performance of the general services covered by his bid, (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019). Supplier as used in these Bidding Documents may likewise refer to a distributor, manufacturer, contractor, or consultant. UN -~ United Nations.Section I. Invitation to Bid Notes on the Invitation to Bid The Invitation to Bid (1B) provides information that enables potential Bidders to decide whether to participate in the procurement at hand. The IB shall be posted in accordance with Section 21.2 of the 2016 revised IRR of RA No. 9184. Apart from the essential items listed in the Bidding Documents, the IB should also indicate the following: a, The date of availability of the Bidding Documents, which shall be from the time the IB is first advertised/posted until the deadline for the submission and receipt of bids; b, The place where the Bidding Documents may be acquired or the website where it may be downloaded; c. The deadline for the submission and receipt of bids; and d. Any important bid evaluation criteria (¢.g., the application of a margin of preference in bid evaluation). ‘The IB should be incorporated in the Bidding Documents. ‘The information contained in the 1B must conform to the Bidding Documents and in particular to the relevant information in the Bid Data Sheet.Republic of the Philippines DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS CEBU 6 DISTRICT ENGINEERING OFFICE ‘AC. Cortes, Avenue, Mandaue City, Cebu, Region VII ‘BACONC PILIPIMAS INVITATION TO BID FOR CONTRACT ID NO. 25GHN0002 SUPPLY AND DELIVERY OF SIGNAGES, BARRIERS AND CONSTRUCTION MATERIALS 1. The Department of Public Works and Highways (DPWH) Cebu 6" District Engineering Office, through the G44 FY 2025 intends to apply the sum of Fifteen Pesos Only (Php15,000,000.00) being the ABC to payments under the contract for 25GHN0002 Supply and delivery of Signages, Barriers and Construction Materials. Bids received in excess of the ABC shall be automatically rejected at bid opening. 2. The DPWH Cebu 6th DEO now invites bids for the above Procurement Project. Delivery of the Goods is required by as specified in the Schedule of Requirements. Bidders should have completed, within Five (5) years from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II (Instructions to Bidders). 3. Bidding will be conducted through open competitive bidding procedures using a non- discretionary “pass/faif” criterion as specified in the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, a. Bidding is restricted to Filipino citizens/sole proprietorship, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA No. 5183 4. Prospective Bidders may obtain further information from DPWH Bids and Awards Committee (BAC) Secretariat and inspect the Bidding Documents at the address given below during Monday to Friday at 8:00 AM to 5:00 PM. 5. Acomplete set of Bidding Documents may be acquired by interested Bidders on May 27 to June 16, 2025 from the given address and website(s) below and upon payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of Twenty-Five Thousand Pesos (Php25,000.00). ‘The Procuring Entity shall allow the bidder to present its proof of payment for the fees in person, by facsimile, or through electronic means.10. UL. 12. Date of Issue: May 27, 2025 ‘The DPWH Cebu 6th DEO will hold a Pre-Bid Conference! on June 3, 2025, 1:00 pm at Procurement/BAC Office, 4" Floor DPWH Cebu 6" DEO, A.C. Cortes Avenue, Mandaue City, Cebu and/or through video conferencing or webcasting via Youtube Live, which shall be open to prospective bidders. Bids must be duly received by the BAC Secretariat through manual submission at the office address indicated below on or before June 16, 2025 10:00 AM. Late bids shall not be accepted. All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 14. Bid opening shall be on June 16, 2025 10:00 AM at the given address below and via Youtube Live. Bids will be opened in the presence of the bidders’ representatives who choose to attend the activity. ‘The DPWH Cebu 6th DEO reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract at any time prior to contract award in accordance with Sections 35.6 and 41 of the 2016 revised IRR of RA No. 9184, without thereby incurring any liability to the affected bidder or bidders. For further information, please refer to: ‘BAC Chalrperson: EDA T. DE GUZMAN Procurement Unit Head: DARIO C. SARABUSING, 3. A/F, DPWH Cebu 6th DEO, Mandaue City, Cebu 4/F, DPWH Cebu 6th DEO, Mandaue City, Cebu Telephone No. (032) 520-2044 Telephone No. (032) 520-2044 Email address: darscebusthoffice@amailcom Email address: darscebusthoffice@amail.com ‘You may visit the following websites: For downloading of Bidding Documents: Philippine Government Electronic Procurement System (PhilGEPs) and Website of the Department of Public Works and Highways https://www.dpwh.gov.ph/dpwh/business/procurement/gs/advertisement BAC Chai¥gerson " May be deleted in case the ABC is less than One Million Pesos (PLPI,000,000) where the Procuring Entity may not hold a Pre-Bid Conference.Section I. Instructions to Bidders Notes on the Instructions to Bidders This Section on the Instruction to Bidders (ITB) provides the information necessary for bidders to prepare responsive bids, in accordance with the requirements of the Procuring Entity. It also provides information on bid submission, eligibility check, opening and evaluation of bids, post-qualification, and on the award of contract.1. Scope of Bid ‘The Procuring Entity, DPWH Cebu 6th DEO wishes to receive Bids for the Supply and Delivery of Goods, with identification number 25GHN0002. The Procurement Project (referred to herein as “Project”) is composed of Signages, Barriers and Construction Materials, the details of which are described in Section VII (Fechnical Specifications). 2. Funding Information 2.1. The GOP through the source of funding as indicated below for GAA FY 2025 in the amount of Fifteen Million Pesos Only (Php15,000,000.00). 2.2. The source of funding is: a. NGA, the General Appropriations Act or Special Appropriations. 3. Bidding Requirements The Bidding for the Project shall be governed by all the provisions of RA No. 9184 and its 2016 revised IRR, including its Generic Procurement Manuals and associated policies, rules and regulations as the primary source thereof, while the herein clauses shall serve as the secondary source thereof. Any amendments made to the IRR and other GPPB issuances shall be applicable only to the ongoing posting, advertisement, or IB by the BAC through the issuance of a supplemental or bid bulletin, The Bidder, by the act of submitting its Bid, shall be deemed to have verified and accepted the general requirements of this Project, including other factors that may affect the cost, duration and execution or implementation of the contract, project, or work and examine all instructions, forms, terms, and project requirements in the Bidding Documents. 4. Corrupt, Fraudulent, Collusive, and Coercive Practices ‘The Procuring Entity, as well as the Bidders and Suppliers, shall observe the highest standard of ethics during the procurement and execution of the contract. They or through an agent shall not engage in corrupt, fraudulent, collusive, coercive, and obstructive practices defined under Annex “I” of the 2016 revised IRR of RA No. 9184 or other integrity violations in competing for the Project. 5. Eligible Bidders 5.1. Only Bids of Bidders found to be legally, technically, and financially capable will be evaluated. u5.2. 53. 5.4, a. Foreign ownership exceeding those allowed under the rules may participate pursuant to: i, When a Treaty or Intemational or Executive Agreement as provided in Section 4 of the RA No. 9184 and its 2016 revised IRR allow foreign bidders to participate; Citizens, corporations, or associations of a county, included in the list issued by the GPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations, or associations of the Philippines; iii, When the Goods sought to be procured are not available from local suppliers; or iv. When there is a need to prevent situations that defeat competition or restrain trade. Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No.9184, the Bidder shall have an SLCC that is at least one (1) contract similar to the Project the value of which, adjusted to current prices using the PSA’s CPI, must be at least equivalent to: a. For the procurement of Expendable Supplies: The Bidder must have completed a single contract that is similar to this Project, equivalent to at least twenty-five percent (25%) of the ABC. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the 2016 IRR of RA No. 9184, 6. Origin of Goods There is no restriction on the origin of goods other than those prohibited by a decision of the UN Security Council taken under Chapter VII of the Charter of the UN, subject to Domestic Preference requirements under ITB Clause 18 7. Subcontracts 71. ‘The Bidder may subcontract portions of the Project to the extent allowed by the Procuring Entity as stated herein, but in no case more than twenty percent (20%) of the Project. ‘The Procuring Entity has prescribed that: a. Subcontracting is not allowed. 128. Pre-Bid Conference The Procuring Entity will hold a pre-bid conference for this Project on the specified date and time and either at its physical address June 3, 2025, 1:00 PM at Procurement/BAC Office, 4" Floor DPWH Cebu 6th DEO, A.C. Cortes Avenue, Mandaue City, Cebu and/or through videoconferencing/webcasting} as indicated in paragraph 6 of the IB. 9. Clarification and Amendment of Bidding Documents Prospective bidders may request for clarification on and/or interpretation of any part of the Bidding Documents, ‘Such requests must be in writing and received by the Procuring Entity, either at its given address or through electronic mail indicated in the IB, at least ten (10) calendar days before the deadline set for the submission and receipt of Bids. 10. Documents comprising the Bid: 10.1. 10.2. 10.3. 11. Documents comprising the Bit iLL. 112. 113. ligibility and Technical Components The first envelope shall contain the eligibility and technical documents of the Bid as specified in Section VIM (Checklist of Technical and Financial Documents). The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been completed within five (5) years prior to the deadline for the submission and receipt of bids. If the eligibility requirements or statements, the bids, and all other documents for submission to the BAC are in foreign language other than English, it must be accompanied by a translation in English, which shall be authenticated by the appropriate Philippine foreign service establishment, post, or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. Similar to the required authentication above, for Contracting Parties to the Apostille Convention, only the translated documents shall be authenticated through an apostille pursuant to GPPB Resolution No. 13-2019 dated 23 May 2019, The English translation shall govern, for purposes of interpretation of the bid. Financial Component The second bid envelope shall contain the financial documents for the Bid as specified in Section VIII (Checklist of Technical and Financial Documents). If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a certification issued by DTI shall be provided by the Bidder in accordance with Section 43.1.3 of the 2016 revised IRR of RA No. 9184. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be accepted. B11.4. For Foreign-funded Procurement, a ceiling may be applied to bid prices provided the conditions are met under Section 31.2 of the 2016 revised IRR of RA No. 9184. 12. Bid Prices 12.1. Prices indicated on the Price Schedule shall be entered separately in the following manner: a. For Goods offered from within the Procuring Entity’s country: i. The price of the Goods quoted EXW (ex-works, ex-factory, ex- warehouse, ex-showroom, or off-the-shelf, as applicable); ii, ‘The cost of all customs duties and sales and other taxes already paid or payable; ‘The cost of transportation, insurance, and other costs incidental to delivery of the Goods to their final destination; and iv. The price of other (incidental) services, if any, listed in the BDS, b. For Goods offered from abroad: i. Unless otherwise stated in the BDS, the price of the Goods shall be quoted delivered duty paid (DDP) with the place of destination in the Philippines as specified in the BDS. In quoting the price, the Bidder shall be free to use transportation through carriers registered in any eligible country. Similarly, the Bidder may obtain insurance services from any eligible source country. ii, The price of other (incidental) services, if any, as listed in the BDS. 13. Bid and Payment Currencies 13.1. For Goods that the Bidder will supply from outside the Philippines, the bid prices may be quoted in the local currency or tradeable currency accepted by the BSP at the discretion of the Bidder. However, for purposes of bid evaluation, Bids denominated in foreign currencies, shall be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening. 13.2. Payment of the contract price shall be made in: a. Philippine Pesos. 414. Bid Security 14.1, The Bidder shall submit a Bid Securing Declaration” or any form of Bid Security in the amount indicated in the BDS, which shall be not less than the percentage of the ABC in accordance with the schedule in the BDS. 14.2. The Bid and bid security shall be valid until October 14, 2025. Any Bid not accompanied by an acceptable bid sccurity shall be rejected by the Procuring Entity as non-responsive. 15, Sealing and Marking of Bids Each Bidder shall submit one copy of the first and second components of its Bid. ‘The Procuring Entity may request additional hard copies and/or electronic copies of the Bid. However, failure of the Bidders to comply with the said request shall not be a ground for disqualification. If the Procuring Entity allows the submission of bids through online submission or any other electronic means, the Bidder shall submit an electronic copy of its Bid, which must be digitally signed. An electronic copy that cannot be opened or is corrupted shall be considered non-responsive and, thus, automatically disqualified. 16. Deadline for Submission of Bids 16.1, The Bidders shall submit on the specified date and time and either at its physical address or through online submission as indicated in paragraph 7 of the TB. Opening and Preliminary Examination of Bids 17.1. ‘The BAC shall open the Bids in public at the time, on the date, and at the place specified in paragraph 9 of the IB. The Bidders’ representatives who are present shall sign a register evidencing their attendance, In case videoconferencing, ‘webcasting or other similar technologies will be used, attendance of participants shall likewise be recorded by the BAC Secretariat. In case the Bids cannot be opened as scheduled due to justifiable reasons, the rescheduling requirements under Section 29 of the 2016 revised IRR of RA No. 9184 shall prevail. 17.2. The preliminary examination of bids shall be governed by Section 30 of the 2016 revised IRR of RA No. 9184, 2 In the case of Framework Agreement, the undertaking shall refer to entecing into contract with the Procuring Entity and furnishing ofthe performance security or the performance securing declaration within ten (10) calendar days from reecipt of Notice to Execute Framework Agreement. 15