Republic of Philippines

Province of Quezon
MUNICIPALITY OF REAL
-oOo-

BIDDING DOCUMENTS FOR

REHABILITATION OF PASALUBONG
CENTER (STALLS)

Sixth Edition

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 TABLE OF CONTENTS

Glossary of Terms, Abbreviations, and Acronyms..........................................4

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

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 6. Site Investigation Reports .......................................................................................21
7. Warranty..................................................................................................................21
8. Liability of the Contractor .......................................................................................21
9. Termination for Other Causes .................................................................................21
10. Dayworks ................................................................................................................22
11. Program of Work.....................................................................................................22
12. Instructions, Inspections and Audits .......................................................................22
13. Advance Payment....................................................................................................22
14. Progress Payments ..................................................................................................22
15. Operating and Maintenance Manuals......................................................................22
Section V. Special Conditions of Contract......... Error! Bookmark not defined.
Section VI. Specifications .................................... Error! Bookmark not defined.
Section VII. Drawings ...................................................................................... 24
Section VIII. Bill of Quantities ....................................................................... 26
Section IX. Checklist of Technical and Financial Documents ..................... 28

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 Glossary of
Terms, Abbreviations, and Acronyms

ABC – Approved Budget for the Contract.

ARCC – Allowable Range of Contract Cost.

BAC – Bids and Awards Committee.

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

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

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

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

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

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

CDA – Cooperative Development Authority.

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

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

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

CPI – Consumer Price Index.

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DOLE – Department of Labor and Employment.

DTI – Department of Trade and Industry.

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

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

GFI – Government Financial Institution.

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

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

GOP – Government of the Philippines.

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

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

LGUs – Local Government Units.

NFCC – Net Financial Contracting Capacity.

NGA – National Government Agency.

PCAB – Philippine Contractors Accreditation Board.

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.

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SEC – Securities and Exchange Commission.

SLCC – Single Largest Completed Contract.

UN – United Nations.

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 Section I. Invitation to Bid

Notes on the Invitation to Bid

The Invitation to Bid (IB) 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.

The IB should be incorporated into the Bidding Documents. The information contained in
the IB must conform to the Bidding Documents and in particular to the relevant
information in the Bid Data Sheet.

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 Republic of Philippines
Province of Quezon
MUNICIPALITY OF REAL
-oOo-
BIDS AND AWARDS COMMITTEE

INVITATION TO BID FOR

REHABILITATION OF PASALUBONG CENTER (STALLS)

1. The Municipality of Real, Quezon, through the Municipal General Fund (Savings),
intends to apply the sum of PhP 994,283.75 being the Approved Budget for the
Contract (ABC) to payments under the contract REHABILITATION OF
PASALUBONG CENTER (STALLS). Bids received in excess of the ABC shall be
automatically rejected at bid opening.

2. The Municipality of Real, Quezon, now invites bids for the above Procurement
Project. Completion of the Works is required within 60 Calendar Days, from the
issuance of Notice to Proceed. Bidders should have completed a contract similar to
the Project. The description of an eligible bidder is contained in the Bidding
Documents, particularly, in Section II (Instructions to Bidders).

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

4. Interested bidders may obtain further information from Bids and Awards Committee
of the Municipal Government of Real, Quezon, and inspect the Bidding Documents
at the address given below from 8:00 AM to 5:00 PM.

5. A complete set of Bidding Documents may be acquired by interested Bidders 09

December 2021 to 28 December 2021 from the given address and website(s) below
upon payment of the applicable fee for the Bidding Documents, pursuant to the latest
Guidelines issued by the GPPB, in the amount of PhP 1,000.00.

6. The Municipality of Real, Quezon, will hold a Pre-Bid Conference 16 December

2021, 9:00 AM, at BAC Office, 1st Floor, Municipal Government Center,
Poblacion 1, Real, Quezon, which shall be open to prospective bidders.

7. Bids must be duly received by the BAC Secretariat through manual submission at the
office address indicated below, on or before 28 December 2021, 9:00 AM. Late bids
shall not be accepted.

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

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9. Bid opening shall be on 28 December 2021, 9:00 AM, at the BAC Office, 1st Floor,
Municipal Government Center, Poblacion 1, Real, Quezon. Bids will be opened in
the presence of the bidders’ representatives who choose to attend the activity.

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

11. For further information, please refer to:

ISABELITO F. AGUDA
BAC Chairperson/ Municipal Assessor
Municipal Assessor’s Office
1st Flr., Municipal Government Center
Poblacion 1, Real, Quezon
(042) 331 1442/ 0912 536 5103

12. You may visit the following websites downloading of Bidding Documents:

https://realquezon.gov.ph/government/bids-and-awards/

ISABELITO F. AGUDA
BAC Chairperson/ Municipal Assessor
Municipal Assessor’s Office
1st Flr., Municipal Government Center
Poblacion 1, Real, Quezon

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 Section II. 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.

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1. Scope of Bid
The Procuring Entity, invites Rehabilitation of Pasalubong Center (Stalls), with
Project Identification Number RQ-SPP-S3-2021-213

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

Works, as described in Section VI (Specifications).

2. Funding Information
2.1.The GOP through the source of funding as indicated below for FY 2021 in the
amount of PhP 994,283.75.

2.2. The source of funding is:

Municipal General Fund (Savings) as Approved by Sangguniang Bayan

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

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

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

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

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

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

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

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

major categories of work stated in the BDS.

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

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

6. Origin of Associated Goods

There is no restriction on the origin of Goods other than those prohibited by a
decision of the UN Security Council taken under Chapter VII of the Charter of the
UN.

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

The Procuring Entity has prescribed that:

Subcontracting is not allowed.

8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time at its physical address BAC Office, 1st Floor, Municipal Government
Center, Poblacion 1, Real, Quezon,.

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

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 IB, at least ten (10) calendar days before the deadline set for the submission and
receipt of Bids.

10. Documents Comprising the Bid: Eligibility and Technical

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

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

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

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

Engineers, Materials Engineers, and Foremen) assigned to the contract to be
bid, with their complete qualification and experience data shall be provided.
These key personnel must meet the required minimum years of experience set
in the BDS.

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

11. Documents Comprising the Bid: Financial Component

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

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

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

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

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

13. Bid Prices

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

14. Bid and Payment Currencies

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

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

Philippine Pesos

15. Bid Security

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

15.2. The Bid and bid security shall be valid until 27 April 2022. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.

16. Sealing and Marking of Bids

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

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

If the Procuring Entity allows the submission of bids through online submission to the
given website or any other electronic means, the Bidder shall submit an electronic
copy of its Bid, which must be digitally signed. An electronic copy that cannot be

14
 opened or is corrupted shall be considered non-responsive and, thus, automatically
disqualified.

17. Deadline for Submission of Bids

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

18. Opening and Preliminary Examination of Bids

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

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

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

2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

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

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

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

20. Post Qualification

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

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

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 Section III. Bid Data Sheet

Notes on the Bid Data Sheet (BDS)

The Bid Data Sheet (BDS) consists of provisions that supplement, amend, or specify in
detail, information, or requirements included in the ITB found in Section II, which are
specific to each procurement.

This Section is intended to assist the Procuring Entity in providing the specific information in
relation to corresponding clauses in the ITB and has to be prepared for each specific
procurement.

The Procuring Entity should specify in the BDS information and requirements specific to the
circumstances of the Procuring Entity, the processing of the procurement, and the bid
evaluation criteria that will apply to the Bids. In preparing the BDS, the following aspects
should be checked:

a. Information that specifies and complements provisions of the ITB must be

incorporated.

b. Amendments and/or supplements, if any, to provisions of the ITB as necessitated by

the circumstances of the specific procurement, must also be incorporated.

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 Bid Data Sheet
ITB Clause
5.2 For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:

CONSTRUCTION OR REPAIR OR REHABILITION OF BUILDINGS

AND SIMILAR STRUCTURES

7.1 Subcontracting in not allowed.

10.3 Valid PCAB License

10.4 The key personnel must meet the required minimum years of experience set
below:
Key Personnel General Experience Relevant Experience
Foreman 2 years relevant experience
Steelman 2 years relevant experience
Mason 2 years relevant experience
Carpenter 2 years relevant experience
Laborer
10.5 The minimum major equipment requirements are the following:
Equipment Capacity Number of Units
Power Tools
Hand Tools

12 No further instruction.

15.1 The bid security shall be in the form of a Bid Securing Declaration or any of
the following forms and amounts:
a. The amount of not less than PhP 19,885.68, if bid security is in cash,
cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit;

b. The amount of not less than PhP 49,714.19, if bid security is in Surety
Bond.
19.2 Partial bids is not allowed
20 Approved DOLE CHSP prior issuance of Notice to Proceed.
21 The following documents shall be submitted by the winning bidder within
ten (10) calendar days from receipt of the Notice of Award (NOA):
1. Construction schedule and S-curve
2. Manpower schedule
3. Construction methods
4. Equipment utilization schedule
5. Construction safety, sanitation and health program approved by DOLE
6. PERT/CPM
Items 1, 2, and 6 of the foregoing documents are subject to approval of the
Municipal Engineer of the Municipality of Real.

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 Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The General Conditions of Contract (GCC) in this Section, read in conjunction with the
Special Conditions of Contract in Section V and other documents listed therein, should be a
complete document expressing all the rights and obligations of the parties.

Matters governing performance of the Contractor, payments under the contract, or matters
affecting the risks, rights, and obligations of the parties under the contract are included in the
GCC and Special Conditions of Contract.

Any complementary information, which may be needed, shall be introduced only through the
Special Conditions of Contract.

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

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

2. Sectional Completion of Works

If sectional completion is specified in the Special Conditions of Contract (SCC),
references in the Conditions of Contract to the Works, the Completion Date, and the
Intended Completion Date shall apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of the
Works).

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

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

4. The Contractor’s Obligations

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

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.

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

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

6. Site Investigation Reports

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

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

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

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

8. Liability of the Contractor

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

9. Termination for Other Causes

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

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

11. Program of Work

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

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

12. Instructions, Inspections and Audits

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

13. Advance Payment

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

14. Progress Payments

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

15. Operating and Maintenance Manuals

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

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

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Section VII. Drawings

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Section VIII. Bill of Quantities

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Section IX. Checklist of Technical and Financial
Documents

Notes on the Checklist of Technical and Financial Documents

The prescribed documents in the checklist are mandatory to be submitted in the Bid, but
shall be subject to the following:

a. GPPB Resolution No. 09-2020 on the efficient procurement measures during a

State of Calamity or other similar issuances that shall allow the use of alternate
documents in lieu of the mandated requirements; or

b. any subsequent GPPB issuances adjusting the documentary requirements after the
effectivity of the adoption of the PBDs.

The BAC shall be checking the submitted documents of each Bidder against this checklist
to ascertain if they are all present, using a non-discretionary “pass/fail” criterion pursuant
to Section 30 of the 2016 revised IRR of RA No. 9184.

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 Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

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

Technical Documents
⬜ (f) Statement of the prospective bidder of all its ongoing government and
private contracts, including contracts awarded but not yet started, if any,
whether similar or not similar in nature and complexity to the contract to be
bid; and
⬜ (g) Statement of the bidder’s Single Largest Completed Contract (SLCC) similar
to the contract to be bid, except under conditions provided under the rules;
and
⬜ (h) Philippine Contractors Accreditation Board (PCAB) License;
or
Special PCAB License in case of Joint Ventures;
and registration for the type and cost of the contract to be bid; and
⬜ (i) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission;
or
Original copy of Notarized Bid Securing Declaration; and
(j) Project Requirements, which shall include the following:
⬜ a. Organizational chart for the contract to be bid;
⬜ b. List of contractor’s key personnel (e.g., Project Manager, Project
Engineers, Materials Engineers, and Foremen), to be assigned to the
contract to be bid, with their complete qualification and experience
data;
⬜ c. List of contractor’s major equipment units, which are owned, leased,
and/or under purchase agreements, supported by proof of ownership
or certification of availability of equipment from the equipment

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 lessor/vendor for the duration of the project, as the case may be; and
⬜ (k) Original duly signed Omnibus Sworn Statement (OSS);
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.

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

Class “B” Documents

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

II. FINANCIAL COMPONENT ENVELOPE

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

Other documentary requirements under RA No. 9184

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

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