PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

REPAIR & MAINTENANCE OF

BUILDINGS OF THE
DEPARTMENT OF JUSTICE

Sixth Edition
July 2020
 TABLE OF CONTENTS

GLOSSARY OF........................................................................................................4
TERMS, ABBREVIATIONS, AND ACRONYMS .........................................................4
SECTION I. INVITATION TO BID ............................................................................7
SECTION II. INSTRUCTIONS TO BIDDERS .............................................................8
1. Scope of Bid ..............................................................................................................9
2. Funding Information .................................................................................................9
3. Bidding Requirements ...............................................................................................9
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ......................9
5. Eligible Bidders .........................................................................................................9
6. Origin of Associated Goods ....................................................................................10
7. Subcontracts ............................................................................................................10
8. Pre-Bid Conference .................................................................................................10
9. Clarification and Amendment of Bidding Documents............................................10
10. Documents Comprising the Bid: Eligibility and Technical Components ...............10
11. Documents Comprising the Bid: Financial Component .........................................11
12. Alternative Bids ......................................................................................................11
13. Bid Prices ................................................................................................................11
14. Bid and Payment Currencies ...................................................................................12
15. Bid Security.............................................................................................................12
16. Sealing and Marking of Bids...................................................................................12
17. Deadline for Submission of Bids ............................................................................12
18. Opening and Preliminary Examination of Bids ......................................................12
19. Detailed Evaluation and Comparison of Bids .........................................................13
20. Post Qualification ....................................................................................................13
21. Signing of the Contract ...........................................................................................13
SECTION III. BID DATA SHEET ......................................................................... 14
SECTION IV. GENERAL CONDITIONS OF CONTRACT ....................................... 17
1. Scope of Contract ....................................................................................................18
2. Sectional Completion of Works ..............................................................................18
3. Possession of Site ....................................................................................................18
4. The Contractor’s Obligations ..................................................................................18
5. Performance Security ..............................................................................................19

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 6. Site Investigation Reports .......................................................................................19
7. Warranty..................................................................................................................19
8. Liability of the Contractor .......................................................................................19
9. Termination for Other Causes .................................................................................19
10. Dayworks ................................................................................................................19
11. Program of Work.....................................................................................................20
12. Instructions, Inspections and Audits .......................................................................20
13. Advance Payment....................................................................................................20
14. Progress Payments ..................................................................................................20
15. Operating and Maintenance Manuals......................................................................20
SECTION V. SPECIAL CONDITIONS OF CONTRACT ........................................... 22
SECTION VI. SCOPE OF WORKS &SPECIFICATIONS......................................... 24
SECTION VII. DRAWINGS/LAY OUT PLANS ...................................................... 32
SECTION VIII. BILL OF QUANTITIES & BID PROPOSAL................................... 58
60
61
62
63
64
65
65
SECTION IX. CHECKLIST OF TECHNICAL AND FINANCIAL DOCUMENTS ........ 66
SECTION X. BIDDING FORMS ............................................................................ 70
ANNEX 1 ............................................................................................................. 71
ANNEX 2 ............................................................................................................. 72
ANNEX 5 ............................................................................................................. 77
Bid Form ............................................................................................................ 82
BID FORM ........................................................................................................ 82
SECTION XI. GUIDELINES FOR ONLINE SUBMISSION OF BIDS ......................... 84
ONLINE SUBMISSION FILE GUIDE......................................................................... 85

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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.

DOLE – Department of Labor and Employment.

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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.

SEC – Securities and Exchange Commission.

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SLCC – Single Largest Completed Contract.

UN – United Nations.

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Section I. Invitation to Bid

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Section II. Instructions to Bidders

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1. Scope of Bid
The Procuring Entity, Department of Justice invites Bids for the Repair and
Maintenance of Buildings of the Department of Justice, with Project Identification
Number PB2023-02-22.

The Procurement Project (referred to herein as “Project”) is for the Repair and
Maintenance of Buildings, as described in Section VI (Specifications).

2. Funding Information
2.1. The GOP through the source of funding as indicated below for Calendar Year
of 2023 in the amount of ₱2,399,821.35

2.2. The source of funding is: General Appropriations Act FY 2023.

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.

5. Eligible Bidders

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 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 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 and either at its physical address Department of Justice, Padre Faura
Street, Ermita, Manila, 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: Eligibility and Technical

Components

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 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.

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

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 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 one hundred twenty (120)
calendar days from the date of opening of bids. Any bid not accompanied by
an acceptable bid security shall be rejected by the Procuring Entity as non-
responsive.

16. Sealing and Marking of Bids

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

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

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

17. Deadline for Submission of Bids

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

18. Opening and Preliminary Examination of Bids

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

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

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

2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

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

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

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

20. Post Qualification

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

21. Signing of the Contract

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

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Section III. Bid Data Sheet

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 Bid Data Sheet
ITB Clause
5.2 For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:
Repair of office building such as: replacement of ceilings, floor tiles, toilet
fixtures, doors, electrical, plumbing and painting works
7.1 Subcontracting is not allowed.

10.3 The Contractor must have at least a valid Philippine Contractors Accreditation
Board (PCAB) License Category “D”, General Building GB-1

10.4 The key personnel must meet the required minimum years of experience set
below:
General Relevant
Key Personnel
Experience Experience
(1) Project Manager 3 years 3 years
(1) Project Engineer 2 years 2 years
(1) Mechanical Engineer 1 year 1 year
(1) Electrical Engineer 1 year 1 year
(1) Materials Engineer 2 years 2 years
(1) Safety Officer 2 years 2 years
(1) Foreman 3 years 3 years
10.5 The minimum major equipment requirements are the following:

Equipment / Tools Capacity / Size No. of Units

Truck ELP type 1
Welding Machine 300 AMPS 1
Bar Cutter 20mm 1
Cutting Outfit/Speed Cutter Any type 1
Air Compressor Any type 1
Electric Drill Any type 2
Electric Angle Grinder Any type 2
12 Not applicable

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 ₱ 47,996.43 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 ₱ 119,991.07 if bid security is in Surety

Bond.
19.2 Partial bids are not allowed.
20 Not applicable

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21 Additional contract documents relevant to the Project that may be required by
existing laws and/or the Procuring Entity, such as construction schedule and S-
curve, manpower schedule, construction methods, equipment utilization
schedule, construction safety and health program approved by the DOLE, and
other acceptable tools of project scheduling.

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Section IV. General 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.

10. Dayworks

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 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

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

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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 V. Special Conditions of Contract

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 Special Conditions of Contract
GCC Clause
2 The intended completion date is one hundred twenty (120) calendar days
from the date of the receipt of the Notice to Proceed.
4.1 The Procuring Entity shall give partial possession of the Site to the
Contractor immediately after receipt of the Notice to Proceed
6 The site investigation reports are: The civil works pre-inspection report
and the ocular site inspection conducted by the prospective Contractor.
7.2 Not applicable
10 Dayworks are applicable at the rate shown in the Contractor’s original
Bid.
11.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within seven (7) calendar days of delivery of the
Notice of Award.
11.2 The amount to be withheld for late submission of an updated Program of
Work is 10% of the total contract cost.
13 The amount of the advance payment is 15% of the total contract amount.
14 Materials and equipment delivered on the site but not completely put in
place shall not be included for payment.
15.1 The date by which “as built” drawings are required is 15 calendar days
upon project completion.
15.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is 2% of
the total contract price.

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Section VI. Scope of Works &Specifications

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 TECHNICAL SPECIFICATIONS

I. GENERAL REQUIREMENTS

A. MOBILIZATION

Mobilization shall include transportation to the site of Contractor’s materials,

necessary tools, equipment and employees for the project.

B. DEMOBILIZATION

Demobilization includes dismantling and removal from the site of Contractor’s,

materials, tools and equipment and all temporary facilities. Demobilization shall
also include clean-up of the site after completion of the Contract Work as
approved by the DOJ.

C. FIELD OFFICE

Contractor Field Office shall be located at a site designated by the DOJ, if

necessary and has available location. Appropriate signs acceptable to the DOJ
shall be installed to identify the Contractor’s Field Office and is presentable.

D. OCCUPATIONAL SAFETY AND HEALTH PROGRAM

The Contractor shall provide Safety Officer and First Aide Personnel to maintain
adequate safety measures that shall prevent undue damage, injury or loss of life
and property. Safety regulations of Rule XV of the National Building Code (PD
1096) shall at all times be observed.

II. MASONRY WORKS

 Use Concrete Hollow Blocks 5” with a compressive strength of 350psi.

 Use Portland Cement, 10mm Ø Reinforcing Steel bar grade 40, white sand and
water.

III. CARPENTRY WORKS (PARTITION, DOORS AND WINDOWS)

 Use metal studs 2”x3”x10’ for partition wall frame and metal furring channel
for ceiling.
 For sound proof partition use 1.20M x 2.40M x 1/4” thick Hardiflex,
2”x3”x10’ metal studs and isolation rails for frame, 1/4” thick sound barrier
and 2” sound insulation.

25
  Use 1.20M x 2.40M x 1/4” thick Hardiflex with 1/8” groove on metal furring
with fixed hanger support; puttied, sanded and ready to receive paint
primer coating.

 Gauge # 12 fixed hanger rod, power load, drive pin, 1-1/2” x 1/8” steel angle
and accessories. Provide support at a maximum of 1.20 m x 1.20 m spacing
both ways.

 Hardwares:

1. Door Knob (brass) Keyed Entry Lockset (Amerilock or approved

equivalent).

2. Hydraulic Door Closer (Yale Heavy Duty or approved equivalent).

3. Stainless Steel entry door handle set with interior lever.

4. 2”x3” Stainless Steel Hinges.

 For wood cabinets/shelves/console and pantry table use 3/4” Marine Plywood
and 1/4” Marine Plywood for backing.

 For vertical wood slat divider use 2”x3” Kiln Dried Lumber.

 Doors:

1. Door 1 (D1) - 0.90m x 2.10m Panel Door on 2”x5” Yakal Door Jamb.

2. Door 2 (D2) - 0.70m x 2.10m PVC Door with Louver on PVC Door
Jamb.

 Windows:

1. Windows at Usec Ty - Aluminum Fixed Window 1.94mx2.40m, 2”x3”

Aluminum Frame Powder coated white on 6mm thick glazed glass.

2. Windows at Asec Malvar - Aluminum Fixed Window 1.94mx2.40m,

2”x3” Analok Aluminum Frame on 6mm thick glazed glass.

IV. TILING WORKS

 Use 0.60M x 0.60M Ceramic Glazed Tiles and Foresta Gold 0.15M x 0.90M
Wood Planks Tiles for flooring.

 Use 0.50M x 0.50M Ceramic Glazed Tiles for comfort room wall tiles.

26
  Use 50M x 50M and 0.60M x 0.60M Non-skid Tiles for comfort room floor
tiles.
 Use setting materials Portland cement and ABC adhesive.

 Apply ABC cement grout.

V. PLUMBING WORKS

 Waterlines - Use PPR (PN20) 1/2” for pipe, elbow, tee, wye, etc.

 Sanitary Lines - Use PVC (Emerald or approved equivalent) for pipe, elbow,
tee, etc.
 Plumbing Fixtures:
1. Water Closet - Ceramic toilet bowl, push button type, with tank
fittings, flanges and other accessories, Dimension : 725 x 465 x
830mm, (HCG or approved equivalent).
2. Lavatory with Pedestal - Ceramic lavatory wall hung with ceramic
pedestal, stainless steel p trap and other accessories, Dimension :
460 x 560 x 860mm, (HCG or approved equivalent).
3. Stainless Steel Lavatory Faucet and Hose Bib.
4. Stainless Steel Bidet Sprayer.
5. Stainless Steel Floor Drain 4”x4”.
6. Stainless Steel One way and Two way Angle Valve.
7. Stainless Steel Kitchen Sink with drain and P-Trap, Dimension: 1.0M
x 0.60M.
 Waterproofing on comfort room should be Two (2) coat of Castle Primer and
one (1) coat top coating.

VI. PAINTING WORKS

 All Painting materials shall be approved brand, unless otherwise specified.

 Use first class neutralizer primer putty, tinting color and thinning solvents of the
same brand.

 Apply the proper number of coats to affect a painted surface which is not
transparent, looks full bodied when dried, and generally as recommended by the
manufacturer for the respective paint types.

1. For walls apply two (2) coat of latex paint and one (1) coat of semi gloss
paint (Davies or approved equivalent).

27
 2. For ceiling apply two (2) coat of latex paint (Davies or approved
equivalent).

 For all areas specified for moisture protection shall be coordinated with painting
procedures shown on brochures from manufacturers.

VII. ELECTRICAL WORKS

 All works shall be in accordance with the governing codes and regulations of the
latest edition of the Philippines Electrical Code.

 Lighting Fixtures (Philips or approved equivalent).

1. 6” Recessed LED Lights 15 watts daylight.

2. 4” Recessed LED Lights 6 watts daylight.

3. Louver Housing Recessed 12″x48″ with LED Fluorescent lamp.

 Outlet, switches and exhaust fan (Panasonic or approved equivalent).

1. Use two gang, three gang, and air-con universal outlet.

2. Use one gang, two gang and three gang switch.

3. Use 10” exhaust fan for wall mounted and ceiling mounted for comfort
room.

 Wires and Cables (Phelp dodge or approved equivalent)

1. Use 2.0mm² THHN wire for lighting fixtures.

2. Use 3.5mm² THHN wire for outlets.

3. Use 1/2” flexible for raceway of wires.

 All outlets of whatever kind, for all systems, shall be provided with suitable
fittings, which shall be either a box or other devices especially designated to
receive the type of fittings to be mounted thereon.

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 SCOPE OF WORKS

A. General Requirement

It includes the following works:

i. Mobilization and Demobilization of materials, necessary tools, equipment and

employees for the project.
ii. Construction of Field office.
iii. Maintain adequate safety measures that shall prevent undue damage, injury or
loss of life and property

B. Provision of New Staff Room at USEC Dulay Office Located at Ground Floor De
Las Alas Hall

It includes the following works:

i. Demolition of existing wall affected by the repair.

ii. Re-installation of the wall partition as per layout plan including fixed aluminum
glass.
iii. Electrical works with provision for transfer exhaust fan.
iv. Repair of walls and ceiling, if necessary.
v. Painting Works.

C. Replacement of Steel Casement Window to New Aluminum Windows for

USEC Ty Room and Staff Area located at Second Floor De Las Alas Hall

It includes the following works:

i. Removal/chipping of existing steel casement windows.

ii. Supply, delivery and installation of new aluminum windows.
iii. Relocation of the ACU units.
iv. Repair of the affected walls.
v. Painting Works.

D. Repair/Improvement of ASEC Vida’s Room and Staff Area located at Second

Floor De Las Alas Hall

It includes the following works:

i. Demolition/chipping of walls, plumbing fixtures, lighting fixtures,

existing tiles (toilet) and removal of other obstruction affected by the
repair.
ii. Repair/replacement of wall partitions and ceiling.
iii. Replacement of Doors with hydraulic door closer.
iv. Tiling of flooring, walls and counter top.
v. Replacement of the Plumbing Fixtures with complete accessories

29
 including installation of stainless kitchen sink and mirror glass with
aluminum framed.
vi. Repair of waterlines and sanitary lines including waterproofing works.
vii. Provision and installation of new lighting fixtures including roughing-ins,
wires, switches, outlets and other consumables to complete the
improvement of office.
viii. Provision of new Cabinets.
ix. Painting and Varnishing Works.

E. Repair/Improvement of ASEC Malvar’s Room and Staff Area located at

Second Floor De Las Alas Hall

It includes the following works:

i. Demolition/removal/chipping of steel casement windows, cabinets, walls,

plumbing fixtures, lighting fixtures, existing tiles (toilet) and removal of
other obstruction affected by the repair.
ii. Repair/replacement of wall partitions and ceiling.
iii. Replacement of doors with hydraulic door closer.
iv. Tiling of flooring, walls and counter top.
v. Replacement of the Plumbing Fixtures with complete accessories
including installation of stainless Kitchen sink and mirror glass with
aluminum framed.
vi. Repair of waterlines and sanitary lines including waterproofing works.
vii. Provision and installation of new lighting fixtures including roughing-ins,
wires, switches, outlets and other consumables to complete the
improvement of office.
viii. Supply, delivery and installation of new aluminum windows.
ix. Relocation of the ACU units.
x. Provision for vertical wood slat divider and pantry cabinets.
xi. Painting and Varnishing Works.

F. Repair/Improvement of ASEC Tejano’s Room and Staff Area located at Third

Floor Prosecution Phase II

It includes the following works:

i. Dismantling of existing vinyl tiles.

ii. Tiling of flooring.
iii. Painting and Varnishing Works.

NOTE: All materials to be used shall be of standard quality as per approved budget for
the contract (ABC). Any sub-standard materials used in this project will be rejected. The
end-user may request for the materials or design to be used in the project provided,
However, it shall not exceed the ABC. All colors and design to be made/installed in the
project must be well coordinated with the end-user concerned before implementation.

30
 TERMS OF REFERENCE

FOR THE REPAIR AND MAINTENANCE OF BUILDINGS OF THE DEPARTMENT

OF JUSTICE

I. TERMS AND CONDITIONS

A. QUALIFICATIONS OF THE CONTRACTOR

A.1. The Contractor must have at least a Philippine Contractors Accreditation Board (PCAB)
License Category “D” General Building GB-1.

A.2. The Contractor shall assign Key Technical Personnel such as one (1) Project Manager,
one (1) Project Engineer, one (1) Electrical Engineer, one (1) Materials Engineer, one (1)
Safety Officer and one (1) Foremen until the duration of the project.

A.3. The Contractor must have the necessary equipment, tools, facilities and other means
necessary to perform the contract in accordance with the Scope of Works –Annex “A”;
Specifications – Annex “B” and Layout plans– Annex “C”.

B. PROJECT COMPLETION

B.1. The contractor must complete all the projects mentioned in the Scope of Works within the
120 calendar day contract period;

B.2. The contractor shall submit an as-built drawings as a supporting document for final billing;
and

B.3. The contractor shall provide a warranty for the workmanship on the project by posting a
warranty bond of one (1) year from the date of acceptance.

II. DOCUMENTARY REQUIREMENTS DURING THE

BID/SUBMISSION/OPENING

The Contractor must submit its bid proposal in accordance with the procedures and
requirements indicated in the RA 9184 and its Revised Implementing Rules and Regulations.

III. SITE INSPECTION

The Bidders/Contractors are required to conduct site inspection prior to the Pre-bid Conference.
The conduct of site inspection will be coordinated thru Engr. Gilbert O. Monteras, Engineer II,
Administrative Service, Department of Justice, at Cellphone No. 09971549728 and Landline
No. 8 - 5249386 and will issue the corresponding certification. The site inspection shall be
made available on the last three (3) days from the scheduled Pre-bid Conference that will enable
the Contractors to submit their queries/issues on the abovementioned project.

IV. COVID-19 PROTOCOLS

For purposes of this project, the new guidelines on COVID-19 protocols shall be followed.

31
Section VII. Drawings/Lay Out Plans

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Section VIII. Bill of Quantities & Bid Proposal

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Section IX. Checklist of Technical and Financial
Documents

66
CONTRACT TO BID: Repair and Maintenance of Buildings of the Department of Justice

Project ID No. –PB2023-02-022

ENVELOPE 1: TECHNICAL COMPONENT

CLASS “A” DOCUMENTS

LEGAL DOCUMENTS
a. Valid and updated PhilGEPS Registration Certificate (Platinum Membership)
(all pages) in accordance with Section 8.5.2 of the 2016 RIRR of R.A. No.
9184 as amended by GPPB Resolution No. 15-2021 dated 14 October 2021;

TECHNICAL DOCUMENTS

b. Statement of the prospective bidder of all its ongoing and completed

government and private contract, including contracts awarded but not yet
started, if any, whether similar or not similar in nature and complexity to the
contract to be bid;

c. Statement of the bidder’s Single Largest Completed Contract (SLCC) similar

to the contract to be bid, except under conditions provided for in Sections
23.4.1.3 and 23.4.2.4 of the 2016 revised IRR of RA 9184, within the relevant
period as provided in the Bidding Documents;

d. Philippine Contractors Accreditation Board (PCAB) License

e. Bid Security under Section 27 of the 2016 revised IRR of RA 9184, in ANY
of the following forms:

1. Cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable

letter of credit in an amount of not less than 2% of the ABC;
2. Surety Bond callable upon demand issued by a surety or insurance
company in an amount not less than 5% of the ABC (submit also certification
issued by the Insurance Commission);
3. Original copy of Bid securing declaration.

f. Project Requirements, which shall include the following;

a) Organization chart for the contract to be bid;

b) List of contractor’s key personnel (e.g. Project Manager, Project
Engineers, Materials Engineers, and Foreman), to be assigned to the

67
 contract to be bid, with their complete qualifications 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
lessor/vendor for the duration of the project, as the case may be;

g. 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

h. The prospective bidder’s computation of Net Financial Contracting Capacity

(NFCC);
Or

A committed Line of Credit from a Universal or Commercial Bank in lieu of

its NFCC computation.

CLASS “B” DOCUMENTS

.
i. If applicable, a duly signed joint venture agreement (JVA) 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. Note: If there
is no JVA, a separate paper shall be attached indicating that the “JVA is not
applicable” or “There is no JVA”;

ENVELOPE 2: FINANCIAL COMPONENT

a. Original of duly signed and accomplished Financial Bid Form;

b. Original of duly signed and accomplished Bid Prices in the Bill of Quantities;

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c. Duly accomplished Detailed Estimates Form (Bid Proposal), including a
summary sheet indicating the unit prices of construction materials, labor rates,
and equipment rentals used in coming up with the Bid;

d. Original of duly signed Cash Flow by quarter

69
Section X. Bidding Forms

70
 Annex 1
Statement of Ongoing and Completed Government and Private
Contracts, including contracts awarded but not yet started
for the past three (3) years.
Company Name: _________________________________________

Company Address: _______________________________________

Name Name of Date Kinds Amount Value of Date of Reference

of the and of of Outstanding Delivery Number
Client/ Contract Status of Goods/ Contract Contracts and/or
Contact the Date of
no./ Contract Services NOA/s or
Purchase
Contact Order
Person Number(s)
or Date of
Contract/s

CERTIFIED CORRECT:

_________________________________________
Name & Signature of Authorized Representative

_______________________
Position/Designation

_______________________
71
 Date

Annex 2

Statement of Single Largest Completed Contract (SLCC) of

similar to the contract to be bid amounting to at least fifty percent
(50%) of the ABC
Company Name:_______________________________________

Company Address:_____________________________________

Name of Name of Date of Kinds of Amount Date of Indicate details of

Client/ the the Goods/ of Delivery ANY of the following:
Contract Contract Contract a) Date of End-
Contact Services
User’s Acceptance
no./
b) Date and Number
Contact of Official
Person Receipt/s
c) Date and Number
of Sales Invoice/s

(Corresponding documents/s
must be attached and
submitted)

Instructions:

1. Similar contract is defined in Clause 5.3 of the Bid Data Sheet (BDS).
2. Similar contract of the Projects shall be completed within five (5) years prior to the
deadline for the submission and receipt of bids as indicated in Clause 5.3 of the Bid
Data Sheet (BDS).
3. As proof of SLCC, the bidder shall attach to this Annex 2 and submit the End-
User’s Acceptance or Official Receipt/s or Sales Invoice/s issued for the Contract.

CERTIFIED CORRECT:
______________________________________
Name & Signature of Authorized Representative
________________________________
Position/Designation
________________________________
72
 Date

Annex 3

Bid Securing Declaration Form

[shall be submitted with the Bid if bidder opts to provide this form of bid security]
_________________________________________________________________________
REPUBLIC OF THE PHILIPPINES)
CITY OF _______________________) S.S.

BID SECURING DECLARATION

Project Identification No.: [Insert number]
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
procurement 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 No. 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; and
c. I am/we are declared the bidder with the Lowest Calculated 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 OR ITS AUTHORIZED

REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant
[Jurat]

73
[Format shall be based on the latest Rules on Notarial Practice]

Annex 4

Omnibus Sworn Statement (Revised)

[shall be submitted with the Bid]
_________________________________________________________________________

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], as shown in the attached
duly notarized Special Power of Attorney;

[If a partnership, corporation, cooperative, or joint venture:] I am granted full power and
authority to do, execute and perform any and all acts necessary to participate, submit the
bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of
the Procuring Entity], as shown in the attached [state title of attached document showing
proof of authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership
Resolution, or Special Power of Attorney, whichever is applicable;)];

3. [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, by itself or by
relation, membership, association, affiliation, or controlling interest with another
blacklisted person or entity as defined and provided for in the Uniform Guidelines on
Blacklisting;

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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;

6. [Select one, delete the rest:]

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

[If a partnership or cooperative:] None of the officers and members of [Name of Bidder]
is related to the Head of the Procuring Entity, members of the Bids and Awards Committee
(BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by consanguinity or
affinity up to the third civil degree;

[If a corporation or joint venture:] None of the officers, directors, and controlling
stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members
of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC
Secretariat, the head of the Project Management Office or the end-user unit, and the project
consultants by consanguinity or affinity up to the third civil degree;

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

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

compliance with the Philippine Bidding Documents, which includes:

a. Carefully examining all of the Bidding Documents;

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

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.

10. In case advance payment was made or given, failure to perform or deliver any of the
75
 obligations and undertakings in the contract shall be sufficient grounds to constitute
criminal liability for Swindling (Estafa) or the commission of fraud with
unfaithfulness or abuse of confidence through misappropriating or converting any
payment received by a person or entity under an obligation involving the duty to
deliver certain goods or services, to the prejudice of the public and the government of
the Philippines pursuant to Article 315 of Act No. 3815 s. 1930, as amended, or the
Revised Penal Code.

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

[Insert NAME OF BIDDER OR ITS AUTHORIZED

REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

76
 Annex 5

NET FINANCIAL CONTRACTING CAPACITY COMPUTATION

(Please show figures at how you arrived at the NFCC)

Our Net Financial Contracting Capacity (NFCC) which is at least equal to the
total ceiling price we are bidding is computer as follows:

CA = Current Asset ₱
LESS -
CL = Current Liabilities ₱
Sub-total 1 ₱
X 15
Sub-total 2 ₱
LESS -
C = Value of all outstanding or uncompleted portions ₱
of the project under on-going contracts,
including awarded contracts yet to be
started coinciding with the contract for
this Project.
NET FINANCIAL CONTRACTING CAPACITY ₱

________________________________________
Name & Signature of Authorized Representative
_____________________________________
Position / Date

Notes:
1. The value of the bidder’s current assets and current liabilities must be based on the
latest Audited Financial Statement submitted to BIR.
2. The value of all outstanding or uncompleted contracts refers to those listed in Annex
1.
3. The detailed computation using the required formula must be shown as provided for
in Annex 5.
77
4. The NFCC computation must at least be equal to the sun of ABC of the project.
Annex 5-A
SAMPLE FORM

(Name of Bank)

COMMITTED LINE OF CREDIT CERTIFICATE

Date:_________________
DEPARTMENT OF JUSTICE
Padre Faura Street, Ermita,Manila
Contract/Project :_________________________________________________
Company/Firm _________________________________________________
Address : ________________________________________________
Bank/Financing Institution: ______________________________________________
Address : ________________________________________________
Amount : ________________________________________________
This is to certify that the above Bank/Financing Institution with business address
indicated above, commits to provide the (Supplier/Distributor/Manufacturer/Contractor), if
awarded the above-mentioned Contract, a credit line in the amount specified above which shall
be exclusively used to finance the performance of the above-mentioned Contract subject to our
terms, conditions and requirements.

The credit line shall be available within fifteen (15) calendar days after receipt by the
(Supplier/Distributor/Manufacturer/Contractor) of the Notice of Award and such line of credit
shall be maintained until issuance of Certificate of Acceptance of DOJ authorized
representative/s.

The Certification is being issued in favor of said

(Supplier/Distributor/Manufacturer/Contractor) in connection with the bidding requirement of
the Department of Justice for the above-mentioned Contract. We are aware that any false
statements issued by us make us liable for perjury.

The committed line of credit cannot be terminated or cancelled without the prior written
approval of the Department of Justice.

___________________________________________________
Name and Signature of Authorized Financing Institution Office
____________________________
Official Designation
Concurred by:

___________________________________________________________________________
Name and Signature of (Supplier/Distributor/Manufacturer/Contractor’s) Authorized
Representative

____________________________
Official Designation
[Jurat] [Format shall be based on the latest Rules on Notarial Practice]
78
 Annex 6

PROTOCOL/UNDERTAKING OF AGREEMENT TO ENTER

INTO JOINT VENTURE

This PROTOCOL/UNDERTAKING OF AGREEMENT TO ENTER INTO JOINT

VENTURE, executed by _______________________ a sole
proprietorship/partnership/corporation duly organized and existing under and by virtue of the
laws of the Philippines, with offices located at ______________, representative herein by its
_________________________, _______________ hereafter referred to as
“___________________________”.
-and-
______________________ a sole proprietorship/partnership/corporation duly organized and
existing under and by virtue of the laws of the Philippines, with office located at
___________________, __________________, represented herein by its
______________________,______________, hereinafter referred to as
“_____________________________”;

For submission to the Bids and Awards Committee of the Department of Justice, pursuant
to Section 23.1 (b) of the Revised Implementing Rules and Regulations (IRR) of Republic Act
(RA) No. 9184.
WITNESSETH That:
WHEREAS, the Parties desire to participate as a joint venture in the public bidding that
will be conducted by the Department of Justice pursuant to Republic Act No. 9184 and its
implementing rules and regulations, with the following particulars:

Project ID No.
Name/Title of Procurement Project
Approved Budget for the Contract

NOW THEREFORE, in consideration of the forgoing, the Parties undertake to enter

into a JOINT VENTURE and sign a Joint Venture Agreement relative to their joint
cooperation for this bid project, in the event that their bid is successful, furnishing the DOJ-
BAC a duly signed and notarized copy thereof within ten (10) calendar days from receipt of
Notice from the DOJ-BAC that our bid has the lowest calculated responsive bid or highest
rated responsive bid (as case may be).
For purposes of this bid project, and unless modified by the terms of the Joint Venture
Agreement, the following party shall be the authorized representative of the JV:

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 JV Partner (Name of Company)
________________________________________________________________
Authorized Representative of the JV Partner: (Per attached Secretary’s Certificate)
________________________________
Name
________________________________
Designation

That furthermore, the parties agree to be bound jointly and severally under the said Joint
Venture Agreement;

That Finally, failure on our part to enter into the Joint Venture and/or sign the Joint
Venture Agreement for any reason after the Notice of Award has been issued by shall be a
ground for non-issuance of DOJ of the Notice to Proceed, forfeiture of our bid security and
such other administrative and/or civil liabilities as may be imposed by DOJ under the
provisions of RA 9184 and its Revised IRR, without any liability on the part of DOJ.

This Undertaking shall form an integral part of our Eligibility Documents for the above-
mentioned project.

IN WITNESS WHEREOF, the parties have signed this Protocol/Undertaking on the date first
above-written.

__________________________________________
JV Partner 1’s Representative/Authorized Signatory

_________________________________________
JV Partner 2’s Representative/Authorized Signatory

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

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 Annex 6-A

JVA
is
not applicable

_________________________________________

Name & Signature of Authorized Representative

________________________________

Position/Designation

________________________________

Date

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 Annex 7

Bid Form
[shall be submitted with the Bid]
_________________________________________________________________________
BID FORM
Date : _________________
Project Identification No. : _________________

To: [name and address of Procuring Entity]

Having examined the Philippine Bidding Documents (PBDs) including the

Supplemental or Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to [supply/deliver/perform] [description of the
Goods] in conformity with the said PBDs for the sum of [total Bid amount in words and
figures] or the total calculated bid price, as evaluated and corrected for computational errors,
and other bid modifications in accordance with the Price Schedules attached herewith and made
part of this Bid. The total bid price includes the cost of all taxes, such as, but not limited to:
[specify the applicable taxes, e.g. (i) value added tax (VAT), (ii) income tax, (iii) local taxes,
and (iv) other fiscal levies and duties], which are itemized herein or in the Price Schedules,

If our Bid is accepted, we undertake:

a. to deliver the goods in accordance with the delivery schedule specified in the Schedule of
Requirements of the Philippine Bidding Documents (PBDs);

b. to provide a performance security in the form, amounts, and within the times prescribed in the
PBDs;

c. to abide by the Bid Validity Period specified in the PBDs and it shall remain binding upon us at
any time before the expiration of that period.

[Insert this paragraph if Foreign-Assisted Project with the Development Partner:

Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid,
and to contract execution if we are awarded the contract, are listed below:
Name and address Amount and Purpose of
of agent Currency Commission or gratuity

________________________________________________
________________________________________________
________________________________________________
(if none, state “None”) ]

Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and your Notice of Award, shall be binding upon us.
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 We understand that you are not bound to accept the Lowest Calculated Bid or any Bid
you may receive.

We certify/confirm that we comply with the eligibility requirements pursuant to the

PBDs.

The undersigned is authorized to submit the bid on behalf of [name of the bidder] as
evidenced by the attached [state the written authority].

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

Name: ___________________________________________________________________

Legal capacity: _____________________________________________________________

Signature: ________________________________________________________________

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

Date: ___________________

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Section XI. Guidelines for Online Submission of
Bids

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 ONLINE SUBMISSION FILE GUIDE

1. Files to be submitted must be password-protected .ZIP file using two different

passwords with the following filenames:

<bidder’s name>_technicalproposal.zip
<bidder’s name>_financialproposal.zip

2. The<bidder’s name>_technicalproposal.zip file contains a folder named “technical”

with the following files:

a. philgeps.pdf Scanned valid and updated PhilGEPS

Registration Certificate (Platinum
Membership) (all pages) in accordance with
Section 8.5.2 of the 2016 RIRR of R.A. No.
9184 as amended by GPPB Resolution No. 15-
2021 dated 14 October 2021;
b. ongoing.pdf scanned copy of 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;
c. slcc.pdf scanned copy of statement of the bidder’s
Single Largest Completed Contract (SLCC)
similar to the contract to be bid, except
under conditions provided for in Sections
23.4.1.3 and 23.4.2.4 of the 2016 revised
IRR of RA 9184, within the relevant period
as provided in the Bidding Documents;
and
d.bidsecuirty.pdf Scanned copy of Bid Security in ANY of the
following forms:

1. Cash, cashier’s/manager’s check, bank

draft/guarantee or irrevocable letter of
credit in an amount of not less than 2% of
the ABC;
2. Surety Bond callable upon demand issued
by a surety or insurance company in an
amount not less than 5% of the ABC
(Submit also a Certification issued by the
Insurance Commission);
3. Original copy of Bid securing declaration.
e.technicalspecs.pdf scanned copy of the conformity with the
Technical Specifications, which may include
production/delivery schedule, manpower
requirements, and/or after-sales/parts, if
applicable;
f.omnibusswornstatement.pdf scanned copy of the 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

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 venture giving full power and authority to its
officer to sign the OSS and do acts to represent
the Bidder;
g.nfcc.pdf scanned copy of prospective bidder’s
computation of Net Financial Contracting
Capacity (NFCC); or
scanned copy of a committed Line of
Credit from a Universal or Commercial
Bank in lieu of its NFCC computation.
h.jva.pdf Scanned copy of duly signed joint venture
agreement (JVA) in case the joint venture is
already in existence, if applicable; or
scanned copy of 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.
Note: If there is no JVA, there shall be a
separate paper which indicates that the “JVA
is not applicable” or “There is no JVA”.

3. The <bidder’s name>_financialproposal.zip file contains a folder named “financial” with

the following file:

financialproposal.pdf scanned copy of duly signed and

accomplished Financial Bid Form
scanned copy of duly signed and
accomplished Price Schedule(s); and
Scanned copy of recurring and maintenance
cost, if applicable.

4. Generate hashes for both files using the SHA-256 hashing algorithm.

5. Only during the opening of the respective bid submission shall the passwords of the bidding
documents be disclosed thru the Google Meet chatbox window. Hence, the presence of the
bidder’s representative/s shall be mandatory to ensure the integrity, security and
confidentiality of the bids submitted.

6. Bids may be submitted via email thru [email protected] copy furnished the
Procurement Management Division (PMD) via [email protected] with the following
“subject” format: Bid Submission – “Project Title”. The bidder shall also include in the
email the name of its authorized representative/s and an acknowledgment that they have
understood the rules and regulations of the Department

7. The file size of the bid submission, preferably, shall not exceed 15 MB, Hence, bidders are
advised to optimize the size file for easier transmission and downloading.

8. The bidder is required to include in its bid submission the two (2) file hashes generated in
step 4. It is the bidder’s responsibility that the file hashes submitted in the email match with
the hashes of the attached archived files.

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9. Bidders shall make sure that its bid submission is operational (not corrupted). In the event
that the password protected document cannot be opened or corrupted, the bidder shall be
disqualified.

ZIP ARCHIVING AND ENCRYPTION GUIDE

DISCLAIMER

Under no circumstances shall the Department of Justice be liable for any losses and/or
damages arising out of the use of the tools specified in this guide.

I. File archiver tool installation

1. Download a file archiver tool. 7-zip (a free file archiver) can be downloaded at
https://7-zip.org. We recommend using version 19.00 as this is the stable
version. If you are unsure whether to get the 32-bit or 64-bit version, choose
the 32-bit version.

2. Open the downloaded file.

3. When the installer loads, click Install

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 4. After the installation, restart the system by clicking on Yes

II. Archiving and password-protecting files

1. Select the files to archive.

2. Right-click on the selected files, then select 7-zip > Add to archive…

3. In the Add to Archive window, select zip as the archive format. Enter your
preferred filename (e.g., My Documents.zip) in the Archive text field. Leave
other settings to their default values.

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 4. In the Encryption section, enter your preferred password in both the Enter
password and Reenter password text fields. It is recommended that you use
the AES-256 encryption method as it is more secure than ZipCrypto. Click OK
to begin the archiving process.

III. Testing the output archive for errors

1. Right-click on the archive file, then select 7-zip > Test archive…

2. Enter the password used in encrypting the archive.

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 3. The results window will indicate if there are any errors in the archive. If there
are errors, repeat steps in Section II.

IV. Checking the file contents of the archive

1. Right-click on the archive file, then select 7-zip > Open archive

2. The next window will display a list of the contents of the archive.

V. Archive file extraction

1. Right-click on the archive file, then select 7-zip > Extract to “<archive
name>\”. The files will be extracted to a folder having the same name as the
archive.

2. Enter the password used in encrypting the archive.

90
3. Open the output directory.

91
 FILE HASH GENERATION GUIDE
DISCLAIMER
Under no circumstances shall the Department of Justice be liable for any losses and/or
damages arising out of the use of the tools specified in this guide.
This guide may contain links to external websites that are not provided or maintained by or in
any way affiliated with the Department of Justice. Please note that the Department of Justice
does not guarantee the accuracy, relevance, timeliness, or completeness of any information
on these external websites.

I. Option 1. Using online tools

1. Some sites that provide file hash generating service:

i. http://onlinemd5.com/
ii. https://md5file.com/calculator
iii. https://emn178.github.io/online-tools/sha256_checksum.html
iv. https://defuse.ca/checksums.htm

2. Select the archive file to generate hash from

3. IMPORTANT: Make sure to choose SHA-256 as the checksum type

92
 4. Copy the File checksum generated. This would be the SHA-256 hash of the
file.

II. Option 2. Using 7-zip

1. Right-click on the archive file you want to generate the hash from, then click
on CRC SHA > SHA 256

2. A window containing the hash information will appear. Double-click on the

SHA-256 list item.

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 3. Copy the generated SHA-256 hash, then click on the Close button to exit.

III. Option 3. Using the command-line tool CertUtil

1. Shift+Right-click on an empty space in the directory of the archive you want

to generate the hash from, then click Open PowerShell window here/Open
command window here

94
2. Enter the following command, then hit the Enter key

CertUtil –hashfile <filename of archive> SHA256

3. Copy the generated SHA256 hash by highlighting the hash string and then
hitting the Enter key

95
IV. Comparing file hashes using the onlinemd5 tool (http://onlinemd5.com)

1. Select the archive file to generate hash from

2. IMPORTANT: Make sure to choose SHA-256 as the checksum type

96
3. Paste the reference SHA256 hash (e.g., the hash from the bid submission) into
the Compare With text field. A green check mark will appear if the hash
strings match. Otherwise, a red X mark will appear.

97
V. Comparing file hashes manually

1. Generate the SHA256 hash of the target archive file (see Sections I-III)
2. Open a text editor (e.g., notepad)
3. Paste the generated SHA256 file hash, then hit the Enter key to bring the
cursor into a new line.
4. Copy the known reference hash (e.g., hash from the bid submission) and paste
in the text editor.
5. Manually check if the two strings are exactly the same. Note that the file
hashes are case-insensitive (i.e., uppercase and lowercase glyphs of a same
letter match)

98