DEPARTMENT OF PUBLIC WORKS

AND HIGHWAYS

DPWH STANDARD
BIDDING DOCUMENTS FOR
INFRASTRUCTURE

20 June 2016
 Page 2 of 124

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

PROCURING ENTITY: Misamis Oriental 2nd District Engineering Office

BIDDING DOCUMENTS

FOR

PROCUREMENT ID/CONTRACT ID: 23KL0024

CONTRACT NAME: Off-Carriageway Improvement - Primary
Roads - Butuan City - Cagayan de Oro City - Iligan City Rd -
K1448+585 - 1450+345
CONTRACT LOCATION: Opol and El Salvador City, Misamis Oriental
Date of Opening of Bids: November 17, 2022

Start Date for Issuance of Bidding Documents: October 28, 2022

 Page 3 of 124

Republic of the Philippines

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Misamis Oriental 2nd Engineering District
OFFICE OF THE DISTRICT ENGINEER
Balase Street, El Salvador City
Misamis Oriental

INVITATION TO BID
FOR
23KL0024 - Off-Carriageway Improvement - Primary Roads - Butuan City - Cagayan
de Oro City - Iligan City Rd - K1448+585 - 1450+345

1. The Misamis Oriental 2nd District Engineering Office, through the GAA FY 2023 intends to apply
the sum of P29,400,000.00 being the Approved Budget for the Contract (ABC) to payments under the
contract for 23KL0024 - Off-Carriageway Improvement - Primary Roads - Butuan City - Cagayan de
Oro City - Iligan City Rd - K1448+585 - 1450+345. Bids received in excess of the ABC shall be
automatically rejected at bid opening.

2. The Misamis Oriental 2nd District Engineering Office, through its Bids and Awards Committee now
invites bids for the hereunder Works:
Name Contract: Off-Carriageway Improvement - Primary Roads - Butuan City - Cagayan
de Oro City - Iligan City Rd - K1448+585 - 1450+345

Contract ID: 23KL0024

Locations: Opol and El Salvador City, Misamis Oriental
Scope of Works: Paving of Shoulder, Construction of Sidewalk, Drainage, Curb and Gutter,
and Installation of Streetlights
Approved Budget for the Contract: ₱29,400,000.00

Contract Duration: 146

3. Prospective Bidders should be (1) registered with and classified by the Philippine Contractors
Accreditation Board (PCAB) with PCAB LICENSE Category of Medium A, Medium B, Large A, Large
B, (2) Completion of a similar contract costing at least 50% of the ABC, and (3) Net Financial
Contracting Capacity (NFCC) at least equal to the ABC. The description of an eligible Bidder is
contained in the Bidding Documents, particularly, in Annex II-1.1 B Section II and III of Bidding
Documents.
Contractors/applicants who wish to participate in this bidding are encouraged to enroll in the DPWH
Civil Works Application (CWA) at the DPWH Procurement Service (PrS), 5th Floor, DPWH Bldg.,
Bonifacio Drive, Port Area, Manila, while those already enrolled shall keep their records current and
updated. The Contractor’s eligibility to bid on the project will be determined using the DPWH
Contractor Profile Eligibility Process (CPEP) and subject to further post-qualification. Information on
registration can be obtained from the PrS during working weekdays from 7:00 am to 4:00 pm or at the
DPWH website www.dpwh.gov.ph.
 Page 4 of 124

4. Bidding will be conducted through open competitive bidding procedures using non-discretionary
pass/fail criterion as specified in the 2016 Revised Implementing Rules and Regulations (IRR) of
Republic Act 9184 (RA 9184), otherwise known as the "“Government Procurement Reform Act”. The
contract shall be awarded to the Lowest Calculated Responsive Bidder (LCRB) who was determined
as such during post-qualification.

5. Interested bidders may obtain further information from the Misamis Oriental 2nd District
Engineering Office and inspect the Bidding Documents at Balase St., El Salvador City during
weekdays from 8:00 AM to 5:00 PM

6. A complete set of Bidding Documents may be acquired by interested bidders on October 28, 2022
from the address below and upon payment of the applicable fee for the Bidding Documents, pursuant
to the latest Guidelines issued by the GPPB, in the amount of Php 500.00 for ABC costing 500,00 and
below; Php 1,000.00 for ABC costing more than 500,000 up to 1M; Php 5,000.00 for ABC costing
more than 1M up to 5M; Php 10,000.00 for ABC costing more than 5M up to 10M; Php 25,000.00 for
ABC costing more than 10M up to 50m; Php 50,000.00 for abc costing more than 50m up tp 500m;
Php 75,000.00 for ABC costing more than 500M.

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

8. The Misamis Oriental 2nd District Engineering Office will hold a Pre-Bid Conference on November
4, 2022 @ 2:00pm at Misamis Oriental 2nd DEO Conference Room, which shall be open to
prospective bidders.

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

10. Bids must be duly received by the BAC Secretariat at the address below for manual submission or
at electronicbids_misamisoriental2 for electronic submission on or before November 17, 2022 @ 1:00
 Page 5 of 124

pm. All bids must be accompanied by a bid security in any of the acceptable forms and in the amount
stated in ITB Clause 18.

11. Bid opening shall be on November 17, 2022 at 1:00 pm after Convening of the BAC at Misamis
Oriental 2nd DEO Conference Room. Bids will be opened in the presence of the bidders’
representatives who choose to attend at the address below. Late bids shall not be accepted.

12. The Misamis Oriental 2nd District Engineering Office reserves the right to reject any and all bids,
declare a failure of bidding, or not award the contract at any time prior to contract award in
accordance with Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the
affected bidder or bidders.

13. For further information, please refer to:

HARRY A. RAPLIZA
BAC Secretariat Head
Misamis Oriental 2nd DEO
74217
[email protected]
MARINA A. RABANES
BAC Chairperson
Misamis Oriental 2nd DEO
74215
[email protected].
ph
 Page 6 of 124

ANNEX II-1.1B
Section II. Eligibility Requirements

Notes on the Eligibility Requirements (ER)

This Section provides the information necessary for prospective bidders to prepare responsive
applications for eligibility to bid for the Contract in accordance with the requirements of the Procuring
Entity.

The provisions contained in this Section shall be used unchanged. Additional information or
requirements specific to each contract to be procured shall be specified in the Eligibility Data Sheet
(EDS).
 Page 7 of 124

STANDARD FORMAT

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

• Submission of Class “A” and Class “B” Documents

To participate in the bidding for an infrastructure contract in the DPWH, a contractor/ bidder
must submit to the BAC of the Procuring Entity, not later than the deadline for the submission
of bids or simultaneously with the submission of its bid for the contract, the following Class
“A” and Class “B” Documents as embodied in the Contractor’s Confidential Application
Statement for Registration or CCASR (Form DPWH-INFR-05) (IRR Section 23.1). The
submission of these Documents is required only of contractors that are not yet enrolled in the
DPWH Civil Works Registry (CWR); there is no need for a contractor already enrolled in the
CWR Registry to submit the same Documents. Prior enrolment or registration of a contractor
with the CWR, however, is not a prerequisite to the submission of bids for a specific contract.

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

(1) Legal Documents

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

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

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

(2) Technical Documents

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

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

i. Contract ID, name and location.

ii. Contract start and actual completion dates. iii.
Owner’s name and address.
iv. Nature of work and size/dimensions.
 Page 8 of 124

v. Contractor’s role (whether sole contractor, sub-contractor, or partner in a joint

venture), specific components or aspects of the work done by it, and its participation
percentage.
vi. Total as-built cost at completion.

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

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

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

i. Contract ID, name and location. ii. Contract

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

(3) Financial Documents

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

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

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

All bidders shall maintain a current and updated file of their Class “A” Documents, and
shall submit the PhilGEPS Certificate of Registration and Membership to the Procuring
Entity, in lieu of the said Documents. In case such PhilGEPs Certificate covers only part of
the Class “A” Documents, the contractor shall be required to submit to the DPWH
Procuring Entity all other documents under the above ER which are not covered by the said
Certificate. For foreign bidders, the foregoing documents may be substituted by the
appropriate equivalent documents in English, if any, issued by the country of the bidder
concerned. These documents shall be accompanied by a Sworn Statement in a form
prescribed by the GPPB stating that the documents submitted are complete and authentic
copies of the original, and all statements and information provided therein are true and
correct (IRR Section 8.5.2).
 Page 9 of 124

Class “B” Document (IRR Section 23.1b)

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

• Legal Requirements for Eligibility

The prospective bidder must be either of the following:

(1) A Filipino citizen/sole proprietorship.

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

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

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

(5) Persons/entities forming themselves into a joint venture (JV), i.e., a group of two (2) or
more persons/entities that intend to be jointly and severally responsible or liable for a
particular contract, provided that, in accordance with the President’s Letter of Instructions
No. 630, Filipino ownership or interest in the JV concerned shall be at least seventy-five
(75%); provided, further, that JVs in which Filipino ownership or interest is less than
seventy-five percent (75%) may be eligible where the structures to be built require the
application of techniques and/or technologies which are not adequately possessed by a
person/entity meeting the seventy-five percent (75%) Filipino ownership requirement; and
provided, finally, that in the latter case, Filipino ownership or interest shall not be less than
twenty-five percent (25%). For this purpose, Filipino ownership or interest shall be based
on the contributions of each of the members of the JV as specified in their joint venture
agreement (JVA).
 Page 10 of 124

• Technical Requirements for Eligibility

(1) PCAB License

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

Table 1. PCAB License Categories

(Per PCAB Resolution No. 201 s 2017)
DMC 27 s 2018
Size Range License Single Largest Project/ Allowable Range of
Category Required Track Record Contract Cost (ARCC)
Large B AAA Above PhP225M No limit
Large A AA Above PhP150M up to Up to PhP450M
PhP225M
Medium B A Above PhP75M up to PhP150M Up to PhP300M
Medium A B Above PhP15M up to PhP75M Up to PhP150M
Small B C&D Above P500,000 up to PhP15M Up to PhP30M
Small A Trade Up to PhP1,000,000 Up to PhP1,000,000

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

(2) Work Experience in Similar Contracts

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

As stated in Appendix 2.2 (Guidelines for Major and Similar Categories of Works), a
“Major Category of Works” is the main classification of works in the contract to be bid,
according to type of infrastructure and kind of work performed - e.g. road construction,
bridge rehabilitation, etc. On the other hand, a “Similar Category of Works” is a kind of
works whose classification is considered to be comparable to the Major Category of
Works in the contract to be bid and, therefore, shall be considered for purposes of
evaluation of the bidder’s eligibility for the contract to be bid. A “Qualifier” is an
additional specific requirement on Major or Similar Categories of Work, to be required
from the bidders at the bidding stage, to show that they have the necessary expertise
and experience to execute the contract, such as an extraordinarily large embankment
volume, or soft ground treatment, or long tunnel using tunnel boring machine, or bridge
retrofitting using special jacking technology, or very long sheet piling, multi-level
basement, etc.
 Page 11 of 124

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

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

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

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

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

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

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

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

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

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

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

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

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

In the case of contracts which include special equipment to be supplied and installed by
the supplier/manufacturer, the cost of such equipment shall be excluded from the ABC
to be used in computing the required work experience as stated in the preceding
paragraph.
 Page 12 of 124

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

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

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

Evaluation System (CPES) Rating

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

• Financial Requirements for Eligibility

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

The NFCC shall be calculated as follows:

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

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

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

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

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

Notwithstanding the eligibility of a bidder, the Procuring Entity concerned reserves the right to
review the qualifications of the bidder at any stage of the procurement process if the Procuring
Entity has reasonable grounds to believe that a misrepresentation has been made by that bidder,
or that there has been a change in the bidder’s capability to undertake the project from the time
it submitted its eligibility requirements.
Should such review uncover any misrepresentation made in the eligibility requirements,
statements or documents, or any changes in the situation of the bidder which will affect the
capability of the bidder to undertake the project so that it fails the eligibility criteria, the
 Page 13 of 124

Procuring Entity shall consider the said bidder as ineligible and shall disqualify it from
obtaining an award or contract, in accordance with Rules XXI, XXII, and XXIII of the IRR of
RA 9184 (IRR Section 23.6).

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

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

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

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

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

a finding of eligibility.
 Page 14 of 124

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

Notes on the EDS

This Section is intended to assist the Procuring Entity in providing the specific information and
requirements in relation to corresponding clauses in the Eligibility Requirements(ER) for each
specific procurement.

The Procuring Entity should indicate in this Section the information pertaining to the contract at
hand that specifies and complements provisions of the ER.
 Page 15 of 124

ANNEX II-1.1D
Section IV. Instructions to Bidders

Notes on the Instructions to Bidders (ITB)

This Section of the Bidding Documents (BDs) provides the information necessary for Bidders to
prepare responsive Bids in accordance with the requirements of the Procuring Entity. It also
provides information on the Bid submission, opening, and evaluation, post-qualification, and
award of contract.

The provisions of this Section are to be used unchanged. Annex II-1.1E: Bid Data Sheet (BDS)
consists of provisions that supplement, amend, or specify in detail information or requirements
included in this Section, and that are specific to each particular contract to be procured.

Matters governing the performance of the Contractor, payments under the Contract, or matters
affecting the risks, rights, and obligations of the parties under the Contract are not normally
included in this Section, but rather under Annex II-1.1F: General Conditions of Contract
(GCC), and/or Annex II-1.1G: Special Conditions of Contract (SCC).
 Page 16 of 124

STANDARD FORMAT

INSTRUCTIONS TO BIDDERS (ITB) TABLE

OF CONTENTS

A. GENERAL ………………………………………………………………. 22
1. Scope of Bid ……………………………………………………………… 22
2. Budget and Source of Funds ……………………………………………… 22
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ……. 22
4. Conflict of Interest ……………………………………………………….. 24
5. Eligible Bidders ………………………………………………………….. 25
6. Bidder’s Responsibilities ………………………………………………… 25
7. Origin of Goods and Services ………………………………………......... 27
8. Sub-contracts …………………………………………………………….. 27
9. Pre-Bid Conference ……………………………………………………… 28
B. CONTENTS OF BIDDING DOCUMENTS ………………………….. 29
10. Content of Bidding Documents ………………………………………….. 29
11. Clarification/Amendment of Bidding Documents through Bid Bulletins .. 30
C. PREPARATION OF BIDS …………………………………………….. 30
12. Cost of Bidding ………………………………………………………….. 30
13. Language of Bid …………………………………………………………. 30
14. Documents Comprising the Bid …………………………………………. 30
15. Bid Prices …………………………………………………………..…….. 33
16. Currencies of Bid and Payment ………………………………….………. 34
17. Bid Validity ………………………………………………………………. 34
18. Bid Security ………………………………………………………………. 34
19. Alternative Bids by Bidders ……………………………………………… 37
20. Format and Signing of Bid ……………………………………….………. 37
21. Sealing and Marking of Bids …………………………………………….. 38
D. SUBMISSION AND OPENING OF BIDS ……………………………. 39
22. Place and Deadline for Receipt of Bids …………………………………. 39
23. Late Bids …………………………………………………………………. 39
24. Modification and Withdrawal of Bids …………………………………… 39
25. Receipt of Bids under Electronic Bidding ……………………………….. 39
26. Eligibility Check …………………………………………………………. 41
 Page 17 of 124

27. Opening and Preliminary Examination of Bids ………………………….. 42

28. Opening and Preliminary Examination under Electronic Biding ………… 43
E. EVALUATION AND COMPARISON OF BIDS …………………….. 45
29. Process to be Confidential ……………………………………………….. 45
30. Clarification of Bid ………………………………………………………. 45
31. Detailed Evaluation and Comparison of Bids ……………………………. 45
32. Procedure for Detailed Evaluation of Bids under Electronic Bidding……. 47
33. Post-Qualification of the Lowest Calculated Bid …………….................... 48
34. Post-Qualification under Electronic Bidding …………………………….. 49
35. Right of the Procuring Entity to Reject Bids …………………………….. 50
F. AWARD OF CONTRACT ……………………………………………... 51
36. Award Criterion ………………………………………………………….. 51
37. Notice of Award ………………………………………………………….. 51
38. Performance Security …………………………………………………….. 52
39. Documents Comprising the Contract …………………………………….. 53
40. Signing and Approval of the Contract …………………………………… 54
41. Notice to Proceed ……………………………………………………........ 54
 Page 18 of 124

INSTRUCTIONS TO BIDDERS (ITB)

A. General

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

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

2. Budget and Source of Funds

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

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

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

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

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

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

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

influence a procurement process or the execution of a contract to the
detriment of the Procuring Entity, and includes collusive practices
among Bidders – before or after Bid submission - designed to
establish Bid prices at artificial, non-competitive levels
and to deprive the Procuring Entity of the benefits of free and open
competition;
 Page 19 of 124

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

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

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

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

(5) “Obstructive practice” is:

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

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

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

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

b. will reject a proposal for award if it determines that the Bidder recommended
for award has engaged in corrupt, fraudulent, collusive or coercive practices
in competing for the Contract; and

c. will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded a Contract if it at any time determines that the firm has
engaged in corrupt, fraudulent, collusive or coercive practices in competing
or, or in executing, a Contract.

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

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

4. Conflict of Interest
 Page 20 of 124

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

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

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

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

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

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

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

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

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

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

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

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

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

 Page 21 of 124

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

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

stockholders.

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

shareholders or members.

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

5. Eligible Bidders
Unless otherwise indicated in the BDS, bidders must meet the Eligibility Requirements in
ANNEXII-1.1B of the SBDs. In addition, the BDS shall indicate any “qualifier” to the
“similar work category” that must be met by the eligible bidder.

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

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

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

implementation of the contract.

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

d. Having complied with its responsibility to inquire

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

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

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

f. Ensuring that each of the documents submitted in satisfaction of the bidding

requirements is an authentic copy of the original, complete, and all statements
and information provided therein are true and correct
g. Authorizing the HoPE or its duly authorized representative/s to verify all the
documents submitted.

h. Ensuring that the signatory is the duly authorized representative of the Bidder,
and granted full power and authority to do, execute and perform any and all acts
necessary and/or to represent the Bidder in the bidding, with the duly notarized
 Page 22 of 124

Secretary’s Certificate attesting to such fact, if the Bidder is a corporation,

partnership, cooperative, or joint venture.

i. Complying with the disclosure provision under Section 47 of the Act in relation
to other provisions of Republic Act 3019.

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

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

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

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

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

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

6.5 The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the data
furnished by the procuring entity.

6.6 Before submitting their bids, the Bidders are deemed to have become familiar with
all existing laws, decrees, ordinances, acts and regulations of the Philippines which
may affect the contract in any way.
6.7 The Bidder shall bear all costs associated with the preparation and submission of his
bid, and the Procuring Entity will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.

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

7. Origin of Goods and Services

 Page 23 of 124

There is no restriction on the origin of Goods, or Contracting of Works or Services other

than those prohibited by a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations.

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

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

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

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

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

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

8.7 For any assignment and sub-contracting of the contract or any part thereof made
without prior written approval by the concerned HoPE, the DPWH shall impose on
the erring contractor, after the termination of the contract, the penalty of suspension
for one (1) year for the first offense, and suspension of two (2) years for the second
offense from participating in the public bidding process, pursuant to the provision
of Appendix 3, Section 4.2 of the IRR of RA 9184, in accordance with Section 69(6)
 Page 24 of 124

of RA 9184 and without prejudice to the imposition of additional administrative

sanctions as the internal rules of the agency may provide and/or further criminal
prosecution as provided by applicable laws.

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

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

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

9.4 If, as indicated in the BDS, Electronic Bidding is adopted for this procurement
pursuant to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring Entity
shall observe following procedure with regard to the PBC:

a. For contracts to be bid where the conduct of PBC is required under Section 22
of RA 9184-IRR (Section 5.5.3 of this Manual Volume II), the same procedure
governing the manual method will also apply.

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

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

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

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

electronically available to all participating Registered Merchants through the
 Page 25 of 124

PhilGEPS Electronic Bulletin Board not later than three (3) calendar days after
the PBC.

e. Requests for clarification(s) on any part of the BDs or for an interpretation must
be in writing and submitted to the BAC of the Procuring Entity, either
electronically through the PhilGEPS or otherwise, at least ten (10) calendar days
before the deadline set for the submission and receipt of bids.

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

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

B. Contents of Bidding Documents

10. Content of Bidding Documents

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

Reference in the SBDs

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

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

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

11. Clarification/Amendment of Bidding Documents through Bid Bulletins

11.1 Bidders may request clarification(s) or an interpretation of any part of the BDs. Such
a request must be in writing and submitted to the Procuring Entity at the address
indicated in the BDS at least ten (10) calendar days before the deadline set for the
submission and receipt of Bids. The BAC of the Procuring Entity shall respond to
the said request by issuing a Bid Bulletin.
 Page 26 of 124

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

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

C. Preparation of Bids

12. Cost of Bidding

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

13. Language of Bid

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

14. Documents Comprising the Bid

14.1 Unless otherwise indicated in the BDS, the Bidder shall submit its Bid in accordance
with the provisions of ITB Clauses 14.2 to 14.4.

14.2 The Bidder shall present its Bid which shall consist of the Bid Form including the
Technical Proposal and the Financial Proposal.
a. Technical Proposal – This shall include all of the following documents:

(1) PhilGEPS Certificate of Registration and Membership in accordance

with Section 8.5.2 of the IRR.

(2) If the bidder is not previously enrolled in the CWR: the bidder’s Class
“A” and Class “B” Documents, together with the CCASR, in
accordance with Section 4.8.2 of this Manual Volume II. These
Documents should include, among others, the following information
required in IRR Section 25.2b:

(a) PCAB License and Registration

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

(c) SLCC

(d) NFCC
 Page 27 of 124

(e) JVA, if applicable

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

(4) Project Requirements which shall include the following:

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

DPWH-INFR-13).

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

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

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

equipment units, which are owned, leased, and/or under
purchase agreements, supported by proof of ownership and
certification of availability of equipment from the equipment
lessor/vendor for the duration of the project (Use Form
DPWH-INFR-15), as the case may be. These equipment
units must meet the minimum major equipment requirements
for the contract set in the BDS.

(5) Omnibus sworn statement by the prospective bidder or its duly

authorized representative in the form prescribed by the GPPB as to the
following (Use Form DPWH-INFR-16):

(a) It is not “blacklisted” or barred from bidding by the

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

(b) 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.

(c) It is authorizing the Head of the Procuring Entity or

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

(d) The signatory is the duly authorized representative of the

prospective bidder, and granted full power and authority to
do, execute and perform any and all acts necessary and/or to
represent the prospective bidder in the bidding, with the duly
notarized Secretary’s Certificate attesting to such fact, if the
 Page 28 of 124

prospective bidder is a corporation, or duly notarized Special

Power of Attorney in case of sole proprietorship, partnership
or joint venture.

(e) It complies with the disclosure provision under Section 47 of

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

(f) It complies with the responsibilities of a prospective or

eligible bidder provided in the BDs, including ITB 6.

(g) It complies with existing labor laws and standards.

(h) It did not give or pay, directly or indirectly, any commission,

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

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

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

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

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

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

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

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

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

ceiling may be applied to bid prices provided the following conditions are met:

(i) The BDs are obtainable free of charge on a freely accessible website.
If payment of the BDs is required by the Procuring Entity, payment
could be made upon the submission of bids.

(ii) The Procuring Entity has procedures in place to ensure that the ABC
is based on recent estimates made by the responsible unit of the
Procuring Entity and that the estimates are based on adequate
detailed engineering and reflect the quality, supervision and risk and
inflationary factors, as well as prevailing market prices, associated
with the types of works to be procured.
 Page 29 of 124

(iii) The Procuring Entity has trained cost estimators on estimating prices
and analyzing bid variances. It must also have trained quantity
surveyors.

(iv) The Procuring Entity has established a system to monitor and report
bid prices relative to the ABC and the Procuring Entity’s estimate.

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

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

14.4 The bidder may use, as reference, the checklist of requirements for its Technical and
Financial Proposals, as shown in Form DPWH-INFR-20.

15. Bid Prices

15.1 The Contract shall be for the whole Works, as described in ITB Clause 1.1, based
on the priced BOQ (Use Form DPWH-INFR-17) submitted by the Bidder.

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

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

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

16. Currencies of Bid and Payment

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

16.2 If so allowed in accordance with ITB Clause16.1, the Procuring Entity for purposes
of bid evaluation and comparing the bid prices will convert the amounts in various
currencies in which the bid price is expressed to Philippine Pesos at the exchange
rate as published in the BSP reference rate bulletin on the day of the bid opening.
 Page 30 of 124

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

17. Bid Validity

17.1 Bids shall remain valid for the period specified in the BDS, which shall not exceed
one hundred twenty (120) days from the date of the opening of Bids.

17.2 In exceptional circumstances, the Procuring Entity may request that the Bidders
extend the period of validity of their Bids for a specified additional period. The
request and the Bidders’ responses shall be made in writing. A Bidder may refuse
the request without forfeiting the Bid Security. A Bidder agreeing to the request
will not be required or permitted to otherwise modify the Bid, but will be required
to extend the validity of the Bid Security for the period of the extension, and in
compliance with ITB Clause 14 in all respects.

18. Bid Security

18.1 The Bidder shall submit to the Procuring Entity, as part of its Bid, a Bid Securing
Declaration (using Form DPWH-INFR-12) or any form of Bid Security in an
amount equal to a percentage of the ABC in accordance with the following schedule:

Form Minimum
Amount
(1) Cash or cashier’s/manager’s check issued by a 2% of ABC
Universal or Commercial Bank
(2) Bank draft/guarantee or irrevocable letter of credit 2% of ABC
issued by a Universal or Commercial Bank (Use Form
DPWH-INFR-10 or 11)
(3) Surety bond callable on demand issued by a surety or 5% of ABC
insurance company duly certified by the Insurance
Commission as authorized to issue such security

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

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

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

18.5 No Bid Securities shall be returned to Bidders after the opening of Bids and before
contract signing, except to those that failed to comply with any of the requirements
to be submitted in the Technical Proposal and Financial Proposal of the Bid, as
 Page 31 of 124

provided in the IRR of R.A. 9184. Without prejudice to the forfeiture of Bid
Securities, Bid Securities shall be returned only after the Bidder with the Lowest
Calculated Responsive Bid has signed the Contract and furnished the Performance
Security, but in no case later than the expiration of the Bid Security validity period
indicated in the BDS.

18.6 The Bid Security may be forfeited:

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

b. if the Bidder does not accept the correction by the Bids and Awards
Committee of arithmetical and computational errors in its Bid prices,
pursuant to ITB Clause 28; or

c. in the case of the winning Bidder, if the Bidder fails, within ten (10) days
from its receipt of the Notice of Award, to:
(1) submit to the Procuring Entity the following documents:

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

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

Certificate;

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

License and JV Agreement;

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

DPWH-INFR-44, as applicable);

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

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

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

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

(h) Equipment Utilization Schedule (Use Form DPWHINFR-

48);

(i) Construction Safety and Health Program (Use Form

DPWH-INFR-49);

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

(k) Latest Income Tax and Business Returns duly stamped and
received by BIR and duly validated with the tax payments
made. Tax Clearance from the BIR to prove full and timely
payment of taxes;
 Page 32 of 124

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

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

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

(2) sign the Contract Agreement; or

d. if the Bidder submits eligibility requirements that contain false information

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

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

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

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

g. if the Bidder refuses to clarify or validate in writing its Bid during

postqualification within a period of seven (7) calendar days from receipt of
the request for clarification; or

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

influence the outcome of the bidding in its favor; or

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

19. Alternative Bids by Bidders

19.1 Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic technical design as indicated in the drawings and
specifications. Unless there is a value engineering clause in the BDS, alternative
bids shall not be accepted. For this purpose, alternative bid is an offer made by a
 Page 33 of 124

Bidder in addition or as a substitute to its original bid which may be included as part
of its original bid or submitted separately therewith for purposes of bidding. A bid
with options is considered an alternative bid regardless of whether said bid proposal
is contained in a single envelope or submitted in two (2) or more separate bid
envelopes.

19.2 Each Bidder shall submit only one Bid, either individually or as a partner in a JV.
A Bidder who submits or participates in more than one bid (other than as a
subcontractor if a subcontractor is permitted to participate in more than one bid) will
cause all the proposals with the Bidder’s participation to be disqualified. This shall
be without prejudice to any applicable criminal, civil and administrative penalties
that may be imposed upon the persons and entities concerned.

20. Format and Signing of Bid

20.1 Bidders shall submit their bids through their duly authorized representative using
the appropriate forms provided in Section XI of the SBDs (ANNEX IIA-11) on or
before the deadline specified in the ITB Clause 22 in two (2) separate sealed bid
envelopes, and which shall be submitted simultaneously. The first shall
contain the technical component of the bid as provided in ITB Clause 14.2a, and
the second shall contain the financial component of the bid as provided in ITB
Clause 14.2a.

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

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

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

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

20.6 Commissions or gratuities are not allowed.

21. Sealing and Marking of Bids

 Page 34 of 124

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

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

21.3 These envelopes containing the original and the copies shall then be enclosed in one
single envelope that shall:

a. indicate the name of the Contract to be bid;

b. bear the name and address of the Bidder;

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

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

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

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

D. Submission and Opening of Bids

22. Place and Deadline for Receipt of Bids

Bids must be received by the BAC of the Procuring Entity at the address and on or before the
deadline indicated in the BDS.
 Page 35 of 124

23. Late Bids

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

24. Modification and Withdrawal of Bids

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

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

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

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

25. Receipt of Bids under Electronic Bidding

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant to
GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the submission and receipt of bids:
 Page 36 of 124

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

b. Joint Ventures

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

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

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

(4) Upon Confirmation, the Primary Partner shall be required by the PhilGEPS
to upload the Joint Venture Agreement or a duly notarized statement.

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

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

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

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

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

e. The actual time of bid submission of an On-line Bidder shall be the time indicated on
the PhilGEPS Server when the bidder clicks the “Submit” button which shall be
automatically recorded by the PhilGEPS. Upon receipt of a bid, the PhilGEPS shall
automatically generate a bid receipt page that can be printed by the on-line bidder. This
contains the recorded “submission time” which shall be considered as the Official
Submission Time of the bidder.
 Page 37 of 124

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

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

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

26. Eligibility Check

26.1 Unless otherwise indicated in the BDS, after determining the names of the bidders
that submitted bids for the contract at hand, the BAC of the Procuring Entity,
assisted by its BAC Secretariat, shall check if each bidder that submitted bids is
eligible to bid for the contract being procured. This shall be done electronically by
computer using the data and program in the DPWH Civil Works Registry
(CWR).The submission of the Original Receipt (OR) for payment of the BDs for
the contract issued by any DPWH field office is sufficient for the BAC of the
Procuring Entity to undertake the electronic eligibility evaluation of contractors.

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

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

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

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

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

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

 Page 38 of 124

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

26.6 During the bids opening session, the BAC will issue the Notices of Ineligibility to
the bidders concerned. If any of the bidders immediately agrees to their ineligibility
as indicated in the Notices, the BAC shall promptly not consider its bid and thus
return it to the bidder unopened. If, on the other hand, any of the bidders indicate its
intent to seek a reconsideration of its declared ineligibility, the BAC shall set aside
its sealed bid which shall be signed on its cover by the bidder and other competing
bidders and members of the BAC. If, after evaluating the bidder’s request for
reconsideration, the BAC finds the bidder to be eligible for the contract at hand, the
BAC shall set the date and time for the opening of the bids of the bidders concerned.

26.7 The BAC shall then proceed with the opening and preliminary examination of the
bids of the bidders that are declared eligible.

27. Opening and Preliminary Examination of Bids

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

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

27.3 The BAC shall not accept Bids of ineligible Bidders. The BAC shall open the Bids
of eligible Bidders only, in accordance with the following Clauses.

27.4 Outer envelopes marked “TECHNICAL MODIFICATION” or “FINANCIAL

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

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

27.6 The BAC shall first openand undertake the Preliminary Examination of the
envelopes containing the Technical Proposals and modifications, if any, one at a
time, and reading out and recording the following:
 Page 39 of 124

a. Name of the Bidder.

b. Whether there is a technical modification or substitution.

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

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

vis a checklist of the required documents.

27.7 The BAC of the Procuring Entity shall determine each Bidder’s compliance with
the documents required to be submitted for the Technical Proposal of the Bid, as
prescribed in ITB Clause 10. For this purpose, the BAC shall check the submitted
documents in the Technical Proposal against a checklist (Form DPWH-INFR31)
of required documents to ascertain if thelatterare all present in the Technical
Proposal. If the required document is present, the Technical Proposal shall be rated
as “passed” for that particular requirement. On the other hand, if the required
document is absent, i.e., missing, incomplete or patently insufficient, the Technical
Proposal shall be rated as “failed” for that particular requirement. In case one or
more of the required documents in the Technical Proposal of a particular Bid is
absent - i.e., missing, incomplete, or patently insufficient - the BAC shall rate the
Technical Proposal as “failed” and immediately return to the Bidder concerned its
second envelope (Financial Proposal) unopened. If all of the required documents in
the Technical Proposal are present, the Technical Proposal is rated as “passed.”

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

27.9 The BAC shall prepare the minutes of the proceedings of the Bid opening that shall
include, as a minimum: (a) the Abstract of Bids as Read including the name of each
Bidder, its Bid prices, Bid Security, and findings of the Preliminary Examination of
Bids; and (b) the attendance sheet. The BAC members shall sign the Abstract of
Bids as Read and the BAC Observers may witness the same. A copy of the Abstract
of Bids as Read shall be made available to all interested Bidders. The minutes of
the proceedings of the Bid opening shall be available to the public upon written
request and payment of a specified fee to cover the cost of materials.

28 Opening and Preliminary Examination under Electronic Bidding

 Page 40 of 124

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

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

b. The BAC shall open the bids immediately after the deadline for submission and
receipt of bids, and on the bid opening date.

c. Before the decryption of electronic bids, the Bid Opener must first login to the
PhilGEPS and only then can BAC members input their respective USER IDs and
PASSWORDS, provided however, that PhilGEPS decryption will not take place
unless all the members present and logging in constitute quorum.

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

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

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

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

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

h. In case one or more of the requirements in the second envelope of a particular bid
is missing, incomplete or patently insufficient, and/or if the submitted total bid price
 Page 41 of 124

exceeds the ABC, the BAC shall rate the bid concerned as “failed”. The Bid Opener
shall then input the findings and results into the PhilGEPS’ Preliminary
Examination Report facility.

i. Only bids that are determined to contain all the bid requirements for both
components shall be rated “passed” and shall immediately be considered for
evaluation and comparison.

j. The PhilGEPS shall automatically send an electronic mail to all bidders who failed
in the preliminary examination of the first and/or second envelope.

E. Evaluation and Comparison of Bids

29 Process to be Confidential
Members of the BAC, its staff and personnel, Secretariat and TWG, as well as observers,
are prohibited from making or accepting any kind of communication with any bidder
regarding the evaluation of any of the bids until the issuance of the Notice of Award.
30. Clarification of Bids
To assist in the evaluation, comparison and post-qualification of the bids, the Procuring
Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests
for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its
bid and that is not in response to a request by the Procuring Entity shall not be considered.

31. Detailed Evaluation and Comparison of Bids

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

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

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

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

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

(1) Completeness of the bid. Unless the ITB specifically allows partial bids,
bids not addressing or providing all of the required items in the BDs,
including the BOQ, shall be considered as non-responsive and, thus,
automatically disqualified. In this regard, where a required item is provided,
but no price is indicated, the same shall be considered as nonresponsive, but
specifying a “0” (zero) or a dash (“-”) for the said item would mean that it is
 Page 42 of 124

being offered for free to the Government, except those required by law or
regulations to be provided for (IRR Section 32.2.1a); and

(2) Arithmetical corrections. The BAC shall consider computational errors,

omissions and discounts if allowed in the BDs to enable proper comparison
of all eligible bids. It may also consider bid modifications if expressly
allowed in the BDS. Any adjustment shall be calculated in monetary terms
to determine the calculated prices.

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

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

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

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

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

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

g. In case of discrepancies between:

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

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

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

(4) unit prices in the detailed estimate and unit bid prices in the Bill of Quantities,
 Page 43 of 124

the latter in each of the above cases shall prevail, and the total Bid amount shall be
corrected accordingly.

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

i. The provision in this Clause 31-i is not to be considered in the evaluation of the bids to
determine the technically complying bid or the lowest calculated bid, but shall be
applied by the Procuring Entity during the implementation of the contract, particularly
in making contract payments:

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

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

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

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

32. Procedure for Detailed Evaluation of Bids under Electronic Bidding

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

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

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

b. The PhilGEPS shall automatically rank the bidders in ascending order based on their
total calculated bid prices to identify the LCB as evaluated and corrected for
computational errors, and other bid modifications. Total calculated bid prices, as
evaluated and corrected for computational errors, and other bid modifications,
 Page 44 of 124

which exceed the ABC shall be disqualified. After all bids have been received,
opened, examined, evaluated, and ranked, the system shall thereafter generate the
Abstract of Bids in the form of PhilGEPS Evaluation Summary Report.

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

33. Post-Qualification of the Lowest Calculated Bid

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

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

(1) Latest income and business tax returns.

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

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

c. The determination shall use non-discretionary “pass/fail” criteria and be based upon
examination, verification, and validation of the documentary evidence of the
Bidder’s eligibility/qualifications submitted by the Bidder in the Contractor’s
Confidential Application Statement for Registration (CCASR) in accordance with
Section II: Eligibility Requirements, and in the Technical and Financial Proposals
in accordance with ITB Clause 10. The Procuring Entity shall use the
postqualification criteria indicated in Form DPWH INFR-37.

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

e. If the BAC determines that the Bidder with the LCB fails the criteria for
PostQualification, it shall proceed to the next LCB to make a similar determination
of that Bidder’s capabilities. If the second Bidder, however, fails the
PostQualification, the procedure for Post-Qualification shall be repeated for the
Bidder with the next LCB, and so on until the LCRB is determined for contract
award.

34. Post-Qualification under Electronic Bidding

 Page 45 of 124

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant to
GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring Entity shall observe the
following procedure with regard to the post-qualification:

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

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

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

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

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

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

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

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

35. Right of Procuring Entity to Reject Bids

 Page 46 of 124

35.1 Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring

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

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

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

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

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

procedures.

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

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

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

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

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

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

a. no bids are received;

b. all prospective bidders are declared ineligible;

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

d. the bidder with the LCRB refuses, without justifiable cause to accept the award
of contract, and no award is made.
e.
 Page 47 of 124

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

37. Notice of Award

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

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

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

a. Submission by the bidder with the LCRB of the following documents within ten
(10) from the bidder’s receipt of the NOA, as conditions for signing the
contract:

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

(2) Authority of Signing Official/Board

Resolution/Secretary’s
Certificate

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

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

Procurement Manual Volume II (Use Form DPWH-INFR43 or DPWH-
INFR-44, as applicable).

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

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

Diagram and Bar Chart with S-Curve, or other approved tools of project
scheduling, and Cash Flow (Use Form DPWHINFR-46).

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

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

 Page 48 of 124

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

49).

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

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

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

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

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

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

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

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

Form Amount
(1) Cash or cashier’s/manager’s check issued by a 10% of contract price
Universal or Commercial Bank
 Page 49 of 124

(2)Bank draft/guarantee or irrevocable letter of credit 10% of contract price

issued by a Universal or Commercial Bank; provided that
it shall be confirmed or authenticated by a Universal or
Commercial Bank if issued by a foreign bank (Use Form
DPWH-INFR-42)
(3)Surety bond callable upon demand issued by a 30% of contract price
surety or insurance company duly certified by the
Insurance Commission as authorized to issue such
security (Use Form DPWH-INFR-43)
(4) Any combination of the foregoing. Proportionate to share of
form with respect to total
amount of security

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

39 Documents Comprising the Contract

39.1 The Contract shall consist of the following:

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

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

priority:

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

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

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

(4) Specifications

(5) Drawings

(6) Special Conditions of Contract (SCC)

(7) General Conditions of Contract (GCC)

(8) Performance Security

(9) Integrity Pledge under Department Order No. 86, series of 2013
 Page 50 of 124

c. Other Documents

(1) Construction Methods

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

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

(3) Manpower Schedule

(4) Equipment Utilization Schedule

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

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

39.2 The documents in ITB Clause 35.1a and b(2) to b(7) shall be provided by the
Procuring Entity, while the documents in Clause 35.1 b(1), b(8), and c(1) to c(6)
shall be submitted by the winning bidder to the Procuring Entity within ten (10)
calendar days from the date of its receipt of the Notice of Award.

40 Signing and Approval of the Contract

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

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

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

41 Notice to Proceed
The Procuring Entity shall issue the Notice to Proceed (NTP), using Form DPWHINFR-
51, together with a copy or copies of the approved contract, to the successful bidder within
seven (7) calendar days from the date of approval of the contract by the appropriate
government approving authority. All notices, including the NTP, called for by the terms of
the contract shall be effective only at the time of receipt thereof by the successful bidder
(IRR Section 37.4).
 Page 51 of 124

ANNEX II-1.1E
Section V. Bid Data Sheet

Notes on the Bid Data Sheet

The Bid Data Sheet (BDS) complements the Instructions to Bidders (ITB) and must be prepared
for each particular contract to be procured. The BDS provides the information specific to the
Contract.
 Page 52 of 124

STANDARD FORMAT
BID DATA SHEET
ITB Clause

1.1 The Procuring Entity is [Misamis Oriental 2nd District Engineering Office].

The scope of the Works under this Contract is,

Paving of Shoulder, Construction of Sidewalk, Drainage, Curb

and Gutter, and Installation of Streetlights

The Contract Name is, 23KL0024 – Off-Carriageway

Improvement - Primary Roads - Butuan City - Cagayan de Oro
City - Iligan City Rd - K1448+585 - 1450+345

The Procurement/Contract ID 23KL0024.

2. The Approved Budget for the Contract is Php 29,400,000.00.

The Funding Source is the Government of the Philippines through:

GAA FY 2023.

The name of the Project is 23KL0024 – Off-Carriageway

Improvement - Primary Roads - Butuan City - Cagayan de Oro
City - Iligan City Rd - K1448+585 - 1450+345

5. Insert any “qualifier” to the “similar work category” that must be met by the
eligible bidder. (n/a)

8.1 Insert any exceptions, e.g., provisions of approved loan agreement for a
foreign-assisted project pertaining to sub-contracting. (n/a)

8.3 Insert any limitation on the extent of the portions of the Works that may
subcontracted. (n/a)
9.1 The date and time of the Pre-Bid Conference are November 4, 2022 @ 2:00pm

The venue of the Pre-Bid Conference is Conference Room, DPWH Mis. Or.
2nd DEO]
9.4 State whether Electronic Bidding will be adopted in this procurement. (n/a)

11.1 The Procuring Entity’s address is:

Balase St., El Salvador, Misamis Oriental

 Page 53 of 124

ACHILLES B. PIMENTEL – BAC Chairman

74232
[email protected]

14.2 a(3)(b) The minimum work experience requirements for the key personnel are the
following:

Minimum Years Minimum Years of

Similar Experience of Similar and
Key Personnel (Same Position) Related Experience

Project Manager [5 years] [3 years]

Project Engineer [5 years] [3 years]
Materials Engineer [5 years] [2 years]
Foreman [3 years] [2 years]

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

(See attached Minimum Equipment Requirements)

Laboratory Required No. of Units Minimum

Equipment Capacity/Unit
SEE ATTACHED
DEPARTMENT ORDER NO.
11 SERIES OF 2017

14.3a For locally-funded projects, state: “No further instructions.”

“The ABC is Php 29,400,000.00. Any bid with a financial

component exceeding this amount shall not be accepted.”

14.3 b If ADB, adopt the provision under ITB 14.3b.

If WB, state: “Subject to prior concurrence by the World Bank, for foreign
funded procurement, a ceiling may be applied to bid prices provided the
conditions in ITB 14.3b are met.

17.1 Bids shall be valid for a period of 120 calendar days from the date of opening
of bids

18.2 The Bid Security shall be valid for a period of 120 calendar days from the date
of opening of bids
 Page 54 of 124

19.1 Select one, delete the other:

There is no provision for a value engineering change proposal.

Each bidder shall submit one (1) original copy only of the first (eligibility & technical)
and second (financial) components of its bid.

20.4 The Bidder shall submit [1] original copy of the first (Technical) and second
(Financial) components of its bid.

21.4 d The specific identification of this bidding process is 23KL0024 – Off-

Carriageway Improvement - Primary Roads - Butuan City -
Cagayan de Oro City - Iligan City Rd - K1448+585 - 1450+345

22 The address for receipt of Bids is [DPWH-El Salvador, Misamis Oriental].

The deadline for receipt of Bids is November 17, 2022, UNTIL 1:00 p.m.
ONLY.
25 No further instruction.

26.1 The place of opening of Bids is DPWH - El Salvador, Misamis Oriental.

The date and time of opening of Bids is on November 17, 2022, 1:00 p.m. after
convening of the BAC.
28 No further instruction.

33 No further instruction.
 Page 55 of 124

ANNEX II-1.1F
Section VI. General Conditions of Contract
Notes on the General Conditions of Contract (GCC)
The GCC provides the general terms and conditions of the contract between the Procuring Entity
and the winning bidder.

The provisions of the GCC are to be used unchanged as part of the contract-specific BDs.

To supplement the GCC, the Special Conditions of Contract (SCC) in ANNEX II-1.1G provide
detailed information or requirements on particular provisions of the GCC that are specific to the
contract at hand.
 Page 56 of 124

STANDARD FORMAT

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS
1. Definitions …………………………………………………………………………… 62
2. Interpretation ………………………………………………………………………… 64
3. Governing Language and Law ……………………………………………………… 65
4. Communications …………………………………………………………………….. 66
5. Procuring Entity’s Obligation to Deliver the Site, Materials, Equipment, and Plans .. 66
6. Contractor’s Obligations …………………………………………………………… 66
7. Performance Security ……………………………………………………………….. 67
8. Sub-Contracting……………………………………………………………………..
68
9. Liquidated Damages ………………………………………………………………… 69
10. Site Investigation Reports …………………………………………………………… 70
11. Licenses and Permits ………………………………………………………………… 70
12. Contractor’s Risk and Warranty Security …………………………………………… 70
13. Liability of the Contractor …………………………………………………………… 72
14. Procuring Entity’s Risk…………………………………..…………………………… 72
15. Insurance …………………………………………………………………………….... 72
16. Termination for Default of Contractor …………………………................................... 74
17. Termination for Default of Procuring Entity ………………………………………… 76
18. Termination for Convenience ………………………………………………………… 76
19. Procedure for Termination of Contracts ……….……………………………………. 77
20. Force Majeure and Release from Performance …………………................................ 79
21. Payment on Termination …………..………………………………………………… 80
22. Resolution of Disputes ………………………………………………………………. 80
23. Suspension of Loan, Credit, Grant, or Appropriation ……………………………….. 81
24. Procuring Entity’s Representative’s Decisions ……………………………………… 81
25. Approval of Drawings and Temporary Works by Procuring Entity’s Representative.. 81
26. Acceleration Ordered by Procuring Entity’s Representative ………………………. 81
27. Extension of Intended Completion Date ……………………………………………. 82
28. Contractor’s Right to Claim …………………………………………………........... 82
29. Dayworks ………………………………………………………............................... 82
30. Early Warning ……………………………………………………………………… 82
 Page 57 of 124

31. Program of Work …………………………………………………………………… 83

32. Management Conferences ………………………………………………………….. 83
33. Bill of Quantities ……………………………………………………………………. 84
34. Instructions, Inspections and Audits ……………………………………………….. 84
35. Identification of Defects …………………………………………………………….. 84
36. Cost of Repairs ……………………………………………………………………… 85
37. Correction of Defects …………………………………………….............................. 85
38. Uncorrected Defects ………………………………………………………………… 85
39. Advance Payment …………………………………………………………………… 85
40. Monthly Statements or Progress Billings …………………………………………… 86
41. Monthly Certificates and Progress Payments ………………………………………. 86
42. Retention …………………………………………………………………………….. 87
43. Variation Orders ………………………………………………….............................. 88
44. Punch List…………………………………………………………………………….. 90
45. Suspension of Work …………………………………………………………………. 90
46. Extension of Contract Time …………………………………………………………. 92
47. Price Adjustment …………………………………………………………………….. 93
48. Certificates of Completion and Acceptance …………………………………………. 93
49. Taking Over …………………………………………………………………………. 94
50. “As-Built” Drawings and Operating and Maintenance Manuals ……………………. 95
 Page 58 of 124

GENERAL CONDITIONS OF CONTRACT

1. Definitions
1.1 Arbiter is the person appointed jointly by the Procuring Entity and the Contractor
to resolve disputes in the first instance.

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

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

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

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

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

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

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

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

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

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

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

1.10 Days are calendar days.

1.11 Dayworks are varied work inputs subject to payment on a time basis for the
Contractor’s employees and Equipment, in addition to payments for associated
Materials and Plant.
 Page 59 of 124

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

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

Representative upon correction of defects by the Contractor.

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

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

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

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

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

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

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

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

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

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

1.24 Procuring Entity is the party that engages the Contractor to carry out the Works
stated in the SCC.
1.25 Procuring Entity’s Representative refers to the Ho

PE or his duly authorized representative, identified in the SCC, who shall be responsible for
supervising the execution of the Works and administering this Contract.

1.26 Site is the right-of-way or place provided by the Procuring Entity where the Works
shall be executed and any other place or places which may be designated in the
 Page 60 of 124

SCC, or notified to the Contractor by the Procuring Entity’s Representative, as

forming part of the Site.

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

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

1.29 Specifications mean the description of the Works to be done, qualities of materials
to be used, equipment to be installed, construction methods, workmanship, and
finished product required under this Contract.

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

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

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

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

2. Interpretation
2.1 In interpreting the Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning under the language of this Contract unless
specifically defined. The Procuring Entity’s Representative will provide
instructions clarifying queries about the Conditions of Contract.

2.2 If sectional completion is specified in the SCC, references in the Conditions of

Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date
and Intended Completion Date for the whole of the Works).
 Page 61 of 124

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

a. Contract Agreement

b. Documents forming part of the Contract Agreement:

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

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

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

(4) Specifications

(5) Drawings

(6) Special Conditions of Contract (SCC)

(7) General Conditions of Contract (GCC)

(8) Performance Security

c. Other Documents

(1) Construction Methods

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

Precedence Diagram and Bar Chart with S-Curve.

(3) Manpower Schedule

(4) Equipment Utilization Schedule

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

HoPE

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

3. Governing Language and Law

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

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

4. Communications
 Page 62 of 124

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

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

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

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

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

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

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

6. Contractor’s Obligations
6.1 The Contractor shall carry out the Works properly and in accordance with this
Contract. The Contractor shall provide all supervision, labor, Materials, Plant and
Equipment, which may be required. All Materials and Plant on Site shall be deemed
to be the property of the Procuring Entity.

6.2 The Contractor shall commence execution of the Works on the Start Date and shall
carry out the Works in accordance with the approved PERT/CPM network diagram
submitted by the Contractor, as updated with the approval of the Procuring Entity’s
Representative, and shall complete the Works by the Intended Completion Date.

6.3 The Contractor shall be responsible for the safety of all activities on the Site.
 Page 63 of 124

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

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

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

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

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

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

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

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

7. Performance Security
7.1 The Contractor shall submit its Performance Security to the Procuring Entity not
later than the date specified in the Notice of Award and shall be issued in any of the
following forms and corresponding amounts in ITB Clause 34.

7.2 The Performance Security posted in favor of the Procuring Entity shall be forfeited
in the event it is established that the Contractor is in default in any of its obligations
under the Contract.

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

7.4 The Performance Security may be released by the Procuring Entity and returned to
the Contractor after the issuance of the Certificate of Final Acceptance, subject to
 Page 64 of 124

the following conditions, provided that the Performance Security is replaced by a

Warranty Security against structural defects and/or failure as provided in GCC
Clause 12:

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

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

c. Other terms specified in the SCC.

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

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

7.7 Unless otherwise indicated in the SCC, the Contractor, by entering into the Contract
with the Procuring Entity, acknowledges the right of the Procuring Entity to institute
action pursuant to Act 3688 against any sub-contractors be they an individual, firm,
partnership, corporation, or association supplying the Contractor with labor,
materials and/or equipment for the performance of this Contract.
8. Sub-Contracting
8.1 Unless otherwise provided in the SCC, sub-contracting of the Works shall be
subject to the provisions of DPWH Department Order (DO) No. 38, series of 2015
as provided below.

8.2 All sub-contracts shall be subject to prior approval of the appropriate official of the
Procuring Entity within the limits of his delegated authority.

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

8.4 Each sub-contractor must comply with the eligibility criteria as specified in the
Eligibility Requirements (ER) for the portion of the contract works to be
subcontracted to that sub-contractor- e.g., applicable license from the Philippine
Constructors Accreditation Board, satisfactory completion of works similar to the
portion of the contract to be subcontracted and costing at least fifty percent (50%)
of the cost of such portion, and sufficient Net Financial Contracting Capacity, as
 Page 65 of 124

well as minimum equipment and manpower. This requirement does not apply to
labor pakyaw contracts.

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

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

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

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

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

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

11. Licenses and Permits

 Page 66 of 124

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

12. Contractor’s Risk and Warranty Security

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

12.2 The defects liability period for infrastructure projects shall be one year from contract
completion up to final acceptance by the Procuring Entity. During this period, the
Contractor shall start the repair works, at his own expense, of any damage to the
Works on account of the use of materials of inferior quality, and shall complete the
repair works within ninety (90) days from the time the Ho

PE has issued an order to undertake repair. In case of failure or refusal to comply with this
mandate, the Procuring Entity shall undertake such repair works and shall be entitled
to full reimbursement of expenses incurred therein upon demand.

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

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

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

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

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

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

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

and Supervisors –where the Structural Defects/Failures are due to his/their
willful intervention in altering the designs and other specifications;
 Page 67 of 124

negligence or omission in not approving or acting on proposed changes to

noted defects or deficiencies in the design and/or specifications; and the use
of substandard construction materials in the project;

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

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

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

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

12.5 The warranty against Structural Defects/Failures, except those occasioned on force
majeure, shall cover the period specified in the SCC reckoned from the date of
issuance of the Certificate of Final Acceptance by the Procuring Entity.

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

Form of Warranty Security Amount of Warranty Security

Form of Warranty Security Amount of Warranty Security

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

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

12.8 In case of structural defects/failure occurring during the applicable warranty period
provided in GCC Clause 12.5, the Procuring Entity shall undertake the necessary
 Page 68 of 124

restoration or reconstruction works and shall be entitled to full reimbursement by

the parties found to be liable for expenses incurred therein upon demand, without
prejudice to the filing of appropriate administrative, civil, and/or criminal charges
against the responsible persons as well as the forfeiture of the warranty security
posted in favor of the Procuring Entity.

13. Liability of the Contractor

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

14. Procuring Entity’s Risk

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

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

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

(2) negligence, breach of statutory duty, or interference with any legal right by
the Procuring Entity or by any person employed by or contracted to him
except the Contractor.
b. The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is
due to a fault of the Procuring Entity or in the Procuring Entity’s design, or due to
war or radioactive contamination directly affecting the Philippines.

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

a. Contractor’s All Risk Insurance;

b. Transportation to the project Site of Equipment, Machinery, and Supplies

owned by the Contractor;

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

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

indirect act or omission causing damage to third persons.

15.2 The CARI shall cover the value of the completed portions of the Works. It shall
not, however, cover any damage to the Works whose value is not more than ten
percent (10%) of the Total Contract Cost, as this is to be absorbed by the Contractor.
The CARI shall, therefore, start with nil at the beginning of Contract execution. It
shall then be increased over time as the Works progresses so that at any time it
covers the value of the portions of the Works actually completed.
 Page 69 of 124

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

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

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

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

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

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

(1) become bankrupt;

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

(3) been sued for suspension of payment; or

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

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

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

16. Termination for Default of Contractor

16.1 The Procuring Entity shall terminate this Contract for default when any of the
following conditions attend its implementation:
 Page 70 of 124

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

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

c. The Contractor:

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

(2) after receiving a Notice from the Procuring Entity’s Representative that
failure to correct a particular Defect is a fundamental breach of Contract,
fails to correct the Defect within a reasonable period of time determined
by the Procuring Entity’s Representative;

(3) does not actually have on the Site the minimum essential equipment
listed in the Bid necessary to prosecute the Works in accordance with the
approved PERT/CPM network diagram and equipment utilization
schedule as required under the Contract;
(4) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations under this
Contract;

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

has been rejected as defective or unsuitable; or

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

d. The Contractor causes a fundamental breach of this Contract. Fundamental

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

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

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

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

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

correct a particular Defect is a fundamental breach of Contract and
 Page 71 of 124

the Contractor fails to correct it within a reasonable period of time

determined by the Procuring Entity’s Representative.

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

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

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

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

practices as defined in ITB Clause 3.10, unless otherwise
specified in the SCC;
(b) drawing up or using forged documents;

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

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

(d) any other act analogous to the foregoing

The Procuring Entity or the Funding Source will seek to impose the
maximum civil, administrative and/or criminal penalties available
under the applicable law on individuals and organizations deemed to
be involved with corrupt, fraudulent, or coercive practices.

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

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

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

17. Termination for Default of Procuring Entity

17.1 The Contractor may terminate this Contract with the Procuring Entity when any of
the following conditions attend its implementation:
 Page 72 of 124

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

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

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

(2) The prosecution of the Work is disrupted by adverse peace and order
situation, as certified by the Armed Forces of the Philippines
Provincial Commander and approved by the Secretary of National
Defense.

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

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

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

delay the progress of the Works, and the instruction is not withdrawn
within twenty eight (28) days.
(2) A payment certified by the Procuring Entity’s Representative is not
paid by the Procuring Entity to the Contractor within eighty four (84)
days from the date of the Procuring Entity’s Representative’s
certificate.

17.2 When persons from the Contractor gives notice of a fundamental breach to the
Procuring Entity’s Representative in order to terminate the existing contract for a
cause other than those listed under GCC Clause 17.1-b, the Procuring Entity’s
Representative shall decide whether the breach is fundamental or not.

18. Termination for Convenience

The Procuring Entity may terminate this Contract, in whole or in part, at any time for its
convenience. The HoPE may terminate this Contract for the convenience of the Procuring
Entity if he has determined the existence of conditions that make Project Implementation
economically, financially or technically impractical and/or unnecessary, such as, but not
limited to, fortuitous event(s) or changes in law and National Government policies.

19. Procedure for Termination of Contracts

19.1 The following provisions shall govern the procedures for the termination of this
Contract:
 Page 73 of 124

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

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

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

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

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

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

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

should not be terminated; and

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

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

Report.

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

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

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

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

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

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

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

19.2 Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition of
additional administrative sanctions as the internal rules of the agency may provide
and/or further criminal prosecution as provided by applicable laws, the Procuring
 Page 74 of 124

Entity shall impose on contractors after the termination of the contract the penalty
of suspension for one (1) year for the first offense, suspension for two (2) years for
the second offense from participating in the public bidding process, for violations
committed during the contract implementation stage, which include but not limited
to the following:

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

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

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

(1) Employment of competent technical personnel, competent

engineers and/or work supervisors;

(2) Provision of warning signs and barricades in accordance with

approved plans and specifications and contract provisions;

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

(4) Deployment of committed equipment, facilities, support staff and

manpower; and

(5) Renewal of the effectivity dates of the performance security after its
expiration during the course of contract implementation.

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

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

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

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

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

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

approved specifications arising from the contractor's fault or
negligence.
 Page 75 of 124

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

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

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

contractor shall also be forfeited.

20. Force Majeure and Release from Performance

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

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

20.3 If the event continues for a period of eighty four (84) days, either party may give
the other a Notice of Termination, which shall take effect twenty eight (28) days
after the receipt of the Notice.

20.4 After termination, the Contractor shall be entitled to payment of the unpaid balance
of the value of the Works executed and of the materials and Plant reasonably
delivered to the Site, adjusted by the following:

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

b. The cost of his suspension and demobilization.

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

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

21. Payment on Termination

21.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Procuring Entity’s Representative shall issue a certificate for the
value of the work done and materials ordered less advance payments received up to
the date of the issue of the certificate and less the value of the work not completed.
 Page 76 of 124

Additional liquidated damages shall not apply. If the total amount due to the
Procuring Entity exceeds any payment due to the Contractor, the difference shall be
a debt payable to the Procuring Entity.

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

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

21.4 If the Contractor has terminated the Contract under GCC Clause 17 or 18, the
Procuring Entity shall promptly return the Performance Security to the Contractor.
22. Resolution of Disputes
22.1 If any dispute or difference of any kind whatsoever shall arise between the parties
in connection with the implementation of the contract covered by RA 9184 and its
IRR, the parties shall make every effort to resolve amicably such dispute or
difference by mutual consultation.

22.2 If the Contractor believes that a decision taken by the Procuring Entity’s
Representative was either outside the authority given to the Procuring Entity’s
Representative by this Contract or that the decision was wrongly taken, the decision
shall be referred to the Arbiter indicated in the SCC within fourteen (14) days of
the notification of the Procuring Entity’s Representative’s decision.

22.3 Any and all disputes arising from the implementation of this Contract covered by
the RA 9184 and its IRR shall be submitted to arbitration in the Philippines
according to the provisions of RA 876, otherwise known as the “Arbitration Law”
and RA 9285, otherwise known as the “Alternative Dispute Resolution Act of 2004.
However, disputes that are within the competence of the Construction Industry
Arbitration Commission to resolve shall be referred thereto. The process of
arbitration shall be incorporated as a provision in this Contract that will be executed
pursuant to the provisions of RA 9184 and its IRR. By mutual agreement, however,
the parties may agree in writing to resort to other alternative modes of dispute
resolution.

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

In the event that the Funding Source suspends the Loan, Credit, Grant, or Appropriation to
the Procuring Entity, from which part of the payments to the Contractor are being made:
 Page 77 of 124

a. The Procuring Entity is obligated to notify the Contractor of such suspension within
seven (7) days of having received the suspension notice.

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

24. Procuring Entity’s Representative’s Decisions

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

24.2 The Procuring Entity’s Representative may delegate any of his duties and
responsibilities to other people, except to the Arbiter, after notifying the Contractor,
and may cancel any delegation after notifying the Contractor.
25. Approval of Drawings and Temporary Works by Procuring Entity’s
Representative
25.1 All Drawings prepared by the Contractor for the execution of the Temporary Works
are subject to prior approval by the Procuring Entity’s Representative before their
use.

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

25.3 The Procuring Entity’s Representative’s approval shall not alter the Contractor’s
responsibility for the design of the Temporary Works.

25.4 The Contractor shall obtain approval by third parties of the design of the Temporary
Works, when required by the Procuring Entity.

26 Acceleration Ordered by Procuring Entity’s Representative

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

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

27. Extension of Intended Completion Date

27.1 The Procuring Entity’s Representative shall extend the Intended Completion Date
if a Variation Order is issued which makes it impossible for the Intended
 Page 78 of 124

Completion Date to be achieved by the Contractor without taking steps to accelerate

the remaining work, which would cause the Contractor to incur additional costs.No
payment shall be made for any event which may warrant the extension of the
Intended Completion Date.

27.2 The Procuring Entity’s Representative shall decide whether and by how much to
extend the Intended Completion Date within twenty one (21) days of the Contractor
asking the Procuring Entity’s Representative for a decision thereto after fully
submitting all supporting information. If the Contractor has failed to give an early
warning of a delay or has failed to cooperate in dealing with a delay, the delay by
this failure shall not be considered in assessing the new Intended Completion Date.
28. Contractor’s Right to Claim
If the Contractor incurs a cost as a result of any of the events under GCC Clause 13, the
Contractor shall be entitled to the amount of such cost. If as a result of any of the said
events, it is necessary to change the Works, this shall be dealt with as a Variation Order.

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

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

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

30. Early Warning

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

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

31. Program of Work

31.1 Within the time stated in the SCC, the Contractor shall submit to the Procuring
Entity’s Representative for approval a Program of Work showing the general
 Page 79 of 124

methods, arrangements, order, and timing for all the activities in the Works,
including a PERT/CPM network diagram.

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

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

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

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

31.6 All Variations shall be included in updated Program of Work produced by the
Contractor.

32. Management Conferences

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

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

33. Bill of Quantities

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

33.2 The BOQ is used to calculate the Contract Price. The Contractor shall be paid for
the actual quantity of each pay item, certified by the Procuring Entity’s
Representative as accomplished, at the unit price in the Bill of Quantities for that
item.
 Page 80 of 124

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

34. Instructions, Inspections and Audits

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

34.2 If the Procuring Entity’s Representative instructs the Contractor to carry out a test
not specified in the Specifications to check whether any work has a defect and the
test shows that it does, the Contractor shall pay for the test and any samples. If there
is no defect, the test shall be a Compensation Event.

34.3 The Contractor shall permit the Funding Source named in the SCC to inspect the
accounts and records of the Contractor relating to its performance and to have them
audited by auditors approved by the Funding Source, if so required by the Funding
Source.

35. Identification of Defects

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

36. Cost of Repairs

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

37. Correction of Defects

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

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

37.3 The Contractor shall correct the Defects which it notices itself before the end of the
Defects Liability Period.
 Page 81 of 124

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

38. Uncorrected Defects

38.1 The Procuring Entity shall give the Contractor at least fourteen (14) days notice of
its intention to use a third party to correct a Defect. If the Contractor itself does not
correct the Defect within that period, the Procuring Entity may have the Defect
corrected by the third party. The cost of the correction will be deducted from the
Contract Price.

38.2 The use of a third party to correct Defects that are uncorrected by the Contractor
shall in no way relieve the Contractor of its liabilities and warranties under the
Contract.

39. Advance Payment

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

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

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

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

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

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

39.4 The Contractor may reduce its standby letter of credit or guarantee instrument by
the amounts refunded by the Monthly Certificates in the advance payment.
40. Monthly Statements or Progress Billings
40.1 The Contractor shall submit to the Procuring Entity’s Representative, after the end
of each month, a Statement of Work Accomplished (SWA) or Progress Billing,
 Page 82 of 124

showing the amounts which the Contractor consider itself to be entitled up to the
end of the month, to cover:

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

b. adjustments made for approved Variation Orders executed.

40.2 Except as otherwise stipulated in the SCC, materials and equipment delivered on
the site but not completely put in place shall not be included for payment.

41. Monthly Certificates and Progress Payments

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

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

41.3 The value of Work executed shall:

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

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

c. include the valuations of approved variations.

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

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

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

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

c. Retention money in accordance with GCC Clause 42.

d. Amount to cover approved third party liabilities.

e. Amount to cover uncorrected Defects in the Works.

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

41.6 The Procuring Entity shall pay the Contractor the said net amounts certified by the
Procuring Entity’s Representative within twenty eight (28) days from the date each
 Page 83 of 124

certificate was issued. No payment of interest for delayed payments and adjustments
shall be made by the Procuring Entity.

41.7 The first progress payment may be paid by the Procuring Entity to the Contractor
provided that at least twenty percent (20%) of the work has been accomplished as
certified by the Procuring Entity’s Representative.

41.8 Items of the Works for which a price of “0” (zero) has been entered will not be paid
for by the Procuring Entity and shall be deemed covered by other rates and prices
in the Contract.

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

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

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

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

43. Variation Orders

43.1 Variation Orders (VOs) shall be subject to the provisions of Annex E of RA
9184IRR and DPWH DO 28, series of 2015. may be issued by the Procuring Entity
to cover any increase or decrease in quantities, including the introduction of new
work items not included in the original Contract or reclassification of work items
 Page 84 of 124

due to change of plans, design or alignment to suit actual field conditions, resulting
in disparity between the preconstruction plans used for purposes of bidding and the
“as staked plans” or construction drawings prepared after a joint survey by the
Contractor and the Procuring Entity after award of the Contract. The cumulative
amount of the positive or additive VOs, however, shall not exceed ten percent (10%)
of the original Contract cost. The addition or deletion of works shall be within the
general scope of the Contract as bid and awarded. The scope of the Works shall not
be reduced so as to accommodate a positive VO. .

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

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

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

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

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

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

a. If the Procuring Entity’s Representative/Project Engineer finds that a
Variation Order is necessary, he shall prepare the proposed Order,
accompanied with the Notice submitted by the Contractor, the plans
therefor, his computations on the quantities of the additional, reduced or
modified works involved per item indicating the specific stations where such
works are needed, the date of his inspections and investigations thereon, and
the log book thereof, and a detailed estimate of the unit cost of such items of
work, together with his justifications for the Variation Order, and shall
submit the same to the HoPE for approval.
 Page 85 of 124

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

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

c. The technical staff or appropriate office of the Procuring Entity shall submit
a report of their findings and recommendations, together with the supporting
documents, to the HOPE or his duly authorized representative for
consideration.

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

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

d. The timeframe for the processing of VO from the preparation up to the approval
by the HoPE concerned shall not exceed thirty (30) calendar days.

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

a. At the unit prices for the same items in this Contract.

b. In the absence of unit prices for the same items rates in this Contract, at
prices or rates obtained from those of similar or related items in this
Contract.

c. Failing the above, at appropriate new unit prices or rates equal to or lower
than current market rates and to be agreed upon by both parties and approved
by the HoPE.

44. Punch List

Once the Contract reaches an accomplishment of ninety five percent (95%) of the total
Contract Works, the Procuring Entity may create an inspectorate team to make a
preliminary inspection and submit a punch list to the Contractor in preparation for the total
completion of the Works. The punch list shall contain, among other things, the remaining
unfinished portions of the Works, deficiencies in the Works for necessary corrections, and
the specific time to fully complete the whole Works considering the approved remaining
Contract time. This, however, shall not preclude any claim of the Procuring Entity for
liquidated damages.

45. Suspension of Work

45.1 In accordance with DPWH DO 100, series of 2015, the Procuring Entity, through
its Project Engineer/Engineer’s Representative, shall have the authority to issue a
Work Suspension Order to the Contractor suspend the work wholly or partly by
 Page 86 of 124

written order for such period as may be deemed necessary, on any of the following
grounds:

a. Force majeure or any fortuitous event that has taken place, which inflicts
extensive damage and/or makes it difficult to proceed with the work, such
as a devastating earthquake or flood.

b. Failure on the part of the Contractor to correct bad conditions which are
unsafe for workers or for the general public.

c. Failure of the contractor to carry out valid orders given by the Procuring
Entity or to perform any provisions of the contract.

d. Adjustments of plans to suit field conditions as found necessary during

construction.

e. Major right-of-way (ROW) problems which prohibit the contractor from

performing work in accordance with the approved construction schedule.

f. Peace and order conditions which makes it extremely dangerous, if not

impossible to work, as certified in writing by the Philippine National Police
(PNP) Station Commander which has responsibility over the affected area,
and confirmed by the Department of Interior and Local Government (DILG)
Regional Director.

g. Major variations initiated by the Government in the scope of the contract

during its implementation to suit changes in physical and economic
conditions.

The Contractor shall immediately comply with such order to suspend the Works
wholly or partly.

45.2 The Contractor or its duly authorized representative shall have the right to suspend
work operation on any or all projects/activities along the critical path of activities
after fifteen (15) calendar days from date of receipt of written notice from the
Contractor to the district engineer/regional director/consultant or equivalent official,
as the case may be, on any of the following grounds:

a. There exist right-of-way problems which prevent the Contractor from

performing work in accordance with the approved construction schedule.
b. Requisite construction plans which must be owner-furnished are not issued
to the contractor precluding any work called for by such plans.

c. Peace and order conditions make it extremely dangerous, if not possible, to

work. However, this condition must be certified in writing by the Philippine
National Police (PNP) station which has responsibility over the affected area
and confirmed by the Department of Interior and Local Government (DILG)
Regional Director.

d. There is failure on the part of the Procuring Entity to deliver

governmentfurnished materials and equipment as stipulated in the contract.
 Page 87 of 124

e. Delay in the payment of Contractor’s claim for progress billing beyond

forty-five (45) calendar days from the time the Contractor’s claim has been
certified to by the Procuring Entity’s authorized representative and the
documents are complete unless there are justifiable reasons thereof which
shall be communicated in writing to the Contractor.

45.3 The contractor shall immediately demobilize its equipment and manpower upon its
receipt of the Work Suspension Order and to remobilize the same upon the lifting
by the Procuring Entity the Work Suspension Order through a Work Resumption
Order.

45.4 The issuance of a Work Suspension Order shall not be an automatic contract time
extension. A corresponding time extension, complete with the documentary
requirements in accordance with DO No. 52, series of 2012,has to be approved by
the authorized DPWH official in lieu of suspension, subject to evaluation to consider
pre-determined unworkable days, bond extension, quit claim for damages, and their
effect on the approved PERT/CPM schedule in order to reflect the official revised
contract time and expiry date as a result of such suspension. If the suspension is due
to any fault of the contractor, no contract time extension shall be granted.

46. Extension of Contract Time

46.1 Extension of the Contract Time shall be subject to the provisions of DPWH DO 100,
series of 2015 and the provisions of this GCC Clause 46.

46.2 Should the amount of additional work under an approved Variation Order or other
special circumstances of any kind whatsoever occur such as to fairly entitle the
Contractor to an extension of Contract Time, the Procuring Entity shall determine
the amount of such extension; provided that the Procuring Entity is not bound to
take into account any claim for an extension of time unless the Contractor has, prior
to the expiration of the Contract time and within thirty (30) calendar days after such
work has been commenced or after the circumstances leading to such claim have
arisen, delivered to the Procuring Entity notices in order that it could have
investigated them at that time. Failure to provide such notice shall constitute
a. waiver by the Contractor of any claim. Upon receipt of full and detailed
particulars, the Procuring Entity shall examine the facts and extent of the
delay and shall extend the Contract time to complete the contract work when,
in the Procuring Entity’s opinion, the findings of facts justify an extension.

46.3 No extension of contract time shall be granted the Contractor due to (a) ordinary
unfavorable weather conditions and (b) inexcusable failure or negligence of
Contractor to provide the required equipment, supplies or materials.

46.4 Extension of contract time may be granted only when the affected activities fall
within the critical path of the PERT/CPM network.

46.5 No extension of contract time shall be granted when the reason given to support the
request for extension was already considered in the determination of the original
 Page 88 of 124

contract time during the conduct of detailed engineering and in the preparation of
the contract documents as agreed upon by the parties before contract perfection.

46.6 Extension of contract time may be granted for any of the following grounds:

a. Rainy/unworkable days considered unfavorable for the prosecution of the

works at the site, based on the actual conditions obtained at the site, in excess
of the number of rainy/unworkable days pre-determined by the Procuring
Entity in relation to the original contract time during the conduct of detailed
engineering and in the preparation of the contract documents as agreed upon
by the parties before contract perfection. In these cases, the time extension
shall be processed for approval only after the total number of pre-determined
rainy/unworkable days as indicated in the contract has been fully utilized as
duly certified by the Procuring Entity’s Representative.

b. Equivalent period of delay due to major calamities such as exceptionally

destructive typhoons, floods and earthquakes, and epidemics, and for causes
such as non-delivery on time of materials, working drawings, or written
information to be furnished by the Procuring Entity, non-acquisition of
permit to enter private properties within the right-of-way resulting in
complete paralyzation of construction activities, and other meritorious
causes as determined by the Procuring Entity’s Representative and approved
by the HoPE.

c. Shortage of construction materials, general labor strikes, and peace and order
problems that disrupt construction operations through no fault of the
Contractor, provided that they are publicly felt and certified by appropriate
government agencies such as Department of Trade and Industry (DTI),
Department of Labor and Employment (DOLE), Department of Interior and
Local Government (DILG), and Department of National Defense (DND),
among others.

46.7 The written consent of bondsmen must be attached to any request of the Contractor
for extension of Contract Time and submitted to the Procuring Entity
for consideration, and the validity of the Performance Security shall be
correspondingly extended.

47. Price Adjustment

Except for extraordinary circumstances as determined by the National Economic and
Development Authority (NEDA) and approved by the GPPB, no price adjustment shall be
allowed unless otherwise indicated in the SCC. Nevertheless, in cases where the cost of
the awarded contract is affected by any applicable new laws, ordinances, regulations, or
other acts of the GOP, promulgated after the date of bid opening, a contract price adjustment
shall be made or appropriate relief shall be applied on a no loss-no gain basis.

48. Certificates of Completion and Acceptance

 Page 89 of 124

48.1 The issuance of a Certificate of Completion shall be subject to the provisions of

DPWH DO 99, series of 2015.

a. Upon receipt of notice from the contractor that the project is completed, the
HOPE shall instruct its Inspectorate Team to conduct an inspection of the
project and to submit its Completion Inspection Report within fifteen (15)
days, indicating any construction defects/deficiencies detected and the
corresponding measures that must be taken by the contractor to correct them.
If no defects/deficiencies are detected, the report is considered as the Final
Completion Inspection Report.

b. Based on the Inspection Report, the HOPE shall issue to the Contractor a
Notice of Defects/Deficiencies and Required Corrective Repair Works, with
the instructions for the Contractor to commence the repair works within
seven (7) days and to complete the works within thirty (30) days.

c. Upon receipt of advice from the Contractor that the defects and deficiencies
indicated in the said Notice have been corrected, the HOPE shall instruct the
Inspectorate Team to conduct an inspection of the project and to submit its
Completion Inspection Report within seven (7) days. If the report shows that
the defects/deficiencies have been satisfactorily corrected, the report is
considered as the Final Completion Inspection Report. Otherwise, the
process is repeated until the noted defects/deficiencies have been
satisfactorily corrected.

d. Upon the receipt of the Final Completion Inspection Report from the
Inspectorate Team, the HopE shall issue the Certificate of Completion of the
project, certifying that the Project has been satisfactorily completed as of the
date indicated in the Final Inspection Report.

48.2 The Certificate of Acceptance shall be issued by the HoPE at the end of the oneyear
Defects Liability period, after all defects/deficiencies, if any, shall have been
repaired by the Contractor to the satisfaction of the same Inspectorate Team of the
Procuring Entity mentioned above and upon submission of the Warranty Certificate
by the Contractor in accordance with the provisions of GCC Clause
12.The issuance of a Certificate of Acceptance shall be subject to the provisions of
DPWH DO 99, series of 2015.

a. Upon receipt of notice from the Contractor that the project is ready for
inspection after the one-year Defects Liability Period from the issuance of
the Certificate of Completion, the HoPE shall instruct its Inspectorate Team
to conduct an inspection of the project and to submit its Inspection Report
within fifteen (15) calendar days, indicating any construction
defects/deficiencies detected and the corresponding measures that must be
taken by the Contractor to correct them. If no defects/deficiencies are
detected, the report is considered as the Final Acceptance Inspection Report.

b. Based on the Inspection Report, the HoPE shall issue to the Contractor a
Notice of Defects/Deficiencies and Required Corrective Repair Works, with
 Page 90 of 124

the instructions for the Contractor to commence the repair works within
seven (7) calendar days and to complete the works within ninety (90) days.

c. Upon receipt of advice from the contractor that the defects/deficiencies in

the said Notice have been corrected, the HoPE shall instruct the Inspectorate
Team to conduct an inspection of the project and to submit its Acceptance
Inspection Report within seven (7) days. If the report shows that the
defects/deficiencies have been satisfactorily corrected, the report is
considered as the Final Acceptance Inspection Report. Otherwise, the
process is repeated until the noted defects/deficiencies have been
satisfactorily corrected.

d. Upon the receipt of the Final Acceptance Report, the Head of the I0 shall
issue the Certificate of Acceptance.

49. Taking Over

The Procuring Entity shall take over the Site and the Works within seven (7) days from the
date the Procuring Entity’s Representative issues a Certificate of Acceptance.

50. As-Built Drawings and Operating and Maintenance Manuals

50.1 If As-Built Drawings and/or Operating and Maintenance Manuals are required, the
Contractor shall supply them by the dates stated in the SCC.

50.2 If the Contractor does not supply the said Drawings by the date stated in the SCC,
or if they do not receive the approval of the Procuring Entity’s Representative, the
Procuring Entity’s Representative shall withhold the amount stated in the SCC from
payments due to the Contractor.
 Page 91

of 124

ANNEX II-1.1G
Section VII. Special Conditions of Contract

Notes on the Special Conditions of Contract

The clauses in this Section on Special Conditions of Contract (SCC) are intended to assist the
Procuring Entity in providing contract-specific information in relation to corresponding clauses in
the General Conditions of Contract (GCC) under ANNEX II-1.1F.

The provisions of this Section complement the GCC, by specifying contractual requirements linked
to the special circumstances of the Procuring Entity and of the Works procured.

No special condition which defeats or negates the general intent and purpose of the provisions of
the GCC, however, should be incorporated herein.
 Page 92 of 124

STANDARD FORMAT
SPECIAL CONDITIONS OF CONTRACT
GCC Clause

1.19 The Intended Completion Date is 146 calendar days from the receipt of the
approved NTP.
1.24 The Procuring Entity is DPWH - Misamis Oriental 2nd District Engineering
Office.
1.25 The Procuring Entity’s Representative is BAC Chairman – DPWH-Mis.Or.
2nd DEO, El Salvador City.

1.26 The Site is located at Opol and El Salvador City, Misamis Oriental
1.30 The Start Date is from the receipt of the approved NTP.

1.33 The Works consist of

Paving of Shoulder, Construction of Sidewalk, Drainage, Curb and

Gutter, and Installation of Streetlights

2.2 No further instructions.

5.1 No further instructions.

6.5 The Contractor shall employ the following Key Personnel:

Project Manager
Project Engineer
Materials and Quality Control Engineer
Construction Foreman
7.4 c No further instructions.

8.1 No further instructions.

8.3 No further instructions.

10. None

12.3 No further instructions.

 93 of 124

12.5 Select one from a to c below, whichever is applicable to the Contract, and
delete the rest:
a. Permanent Structures: Fifteen (15) years

Buildings of types 4 (steel, iron, concrete, or masonry construction

with walls, ceilings, and permanent partitions of incombustible fire
resistance) and 5 (steel, iron, concrete, or masonry construction), steel
and concrete bridges, flyovers, concrete aircraft movement areas,
ports, dams, diversion tunnels, causeways, wharves, piers, dikes,
filtration and treatment plants, sewerage systems, power plants,
transmission and communication towers, railway system, and other
similar structures.

Or
b. Semi-Permanent Structures: Five (5) years

Buildings of types 1 (wooden), 2 (wood with 1 hour fire resistance), and

3 (masonry and wood construction), concrete roads, asphalt roads,
river control, drainage, irrigation and drainage canals, municipal ports
and river landing, deep wells, rock causeway, pedestrian overpass, and
other similar structures.

Or

c. Other Structures: Two (2) years

Bailey and wooden bridges, shallow wells, spring developments, and other
similar structures.

22.2 The Arbiter is: Construction Industry Arbitration Commission

29.1 No further instructions.

31.1 No further instructions.

31.3 No further instructions.

 Page 94 of 124

34.3 The Funding Source is the Government of the Philippines.

39.1 The amount and schedule of the advance payment is not to exceed 15% of the
Contract Price to be recouped every progress billing.
40.2 Materials and equipment delivered on the site but not completely put in place
shall be included for payment.

50.1 The date by which the As-Built Drawings and/or Operating and Maintenance
Manuals are required is [Insert date].
50.2 The amount to be withheld for failing to supply the As-Built Drawings and/or
Operating and Maintenance Manuals by the date required is [Insert amount in
Pesos equal to 10% of the Contract Price].
 Page 95 of 124

ANNEX II-1.1H

Section VIII. Specifications

1. DPWH Standards

The DPWH Standard Specifications for Public Works and Highways (“Blue Book”)
shall be the main basis for the standards and codes to be met by the goods and materials to
be furnished and work performed or tested for the Contract. In particular, Volume II of the
Blue Book shall be used if the Contract pertains to Highways, Bridges and Airports.
Volume III of the Blue Book shall be used if the Contract pertains to Buildings, Flood
Control and Drainage, or Water Supply. The Blue Book incorporates standards of the
American Association of State Highway and Transportation Officials (AASHTO),
American Society for Testing and Materials (ASTM), and American Concrete Institute
(ACI), among others, pertaining to construction.

The Procuring Entity shall use the Standard Pay Items in the Project and Contract
Management Application (PCMA) in drawing up the Specifications.

2. Modifications of Standards

2.1 Modifications of and additions to standards and codes as stated in the DPWH
Standard Specifications for Public Works and Highways, if any, shall be included
in the enclosed Supplemental Specifications, which is part of these Bidding
Documents.

2.2 Entries in the Supplemental Specifications are numbered to coincide with the
numbering of items in the DPWH Standard Specifications for Public Works and
Highways.
 Page 96 of 124

II-1.1I
Section IX. Drawings
Insert here a list of approved Drawings for the Contract. The actual Drawings, including Site plans,
shall be attached to this Section or annexed in a separate folder.

(DRAWINGS ARE ATTACHED ON DIFFERENT SHEET)

 Page 97

ANNEX
Page 98 of 124
 Page 99 of 124

ANNEX II-1.1J
Section X. Bill of Quantities
1. The Bill of Quantities (BOQ) contains the following parts:

a. BOQ for each Part of the Contract, using Form DPWH-INFR-17.

b. Summary of Bid Prices for all Parts of the Contract, using Form DPWH-
INFR-
18.

2. For the BOQ for each Part of the Contract, the Bidder shall not change the entries
under
Pay Item No. (Column 1), Pay Item Description (Column 2), Unit (Column 3), and
Quantity (Column 4) in the Bill of Quantities, which are set by the Procuring Entity.
For each pay item in the BOQ, the Bidder shall indicate its unit bid price in words and
in figures (P) in Column 5, and its total bid price in Column 6 (Column 4 x Column
5)

3. For the Summary of Bid Prices, the Bidder shall not change the entries and Part No.
(Column 1) and Part Description (Column 2), which are provided by the Procuring
Entity. The Bidder shall indicate the Total Amount (Column 3) for each Part No. at
the Total of All Amounts at the bottom.

4. The Procuring Entity shall use the Standard Pay Items in the Project and Contract
Management Application (PCMA) in preparing the BOQ.

II-1.1K
Section XI. Bidding Forms
The Bidder shall use the Bidding Forms (BFs) listed below in preparing its Bid and, in case it
is awarded the contract, in preparing the documents required to perfect the contract.

DPWH-INFR-05: Contractor’s Confidential Application Statement for Registration

(CCASR)

DPWH-INFR-06: Contractor’s Registration Certificate (CRC)

DPWH-INFR-07: Contractor’s Information (CI)

DPWH-INFR-09: Bid Form

DPWH-INFR-10: Form of Bid Security: Bank Guarantee

DPWH-INFR-11: Form of Bid Security: Irrevocable Letter of Credit

 Page 100 of 124

DPWH-INFR-12: Form of Bid Securing Declaration

DPWH-INFR-13: Contractor’s Organizational Chart for the Contract

DPWH-INFR-14: List of Contractor’s Key Personnel to be Assigned to the Contract, with

their
Qualification and Experience Data

DPWH-INFR-15: List of Contractor’s Equipment Units to be Assigned to the Contract,

Supported by Certificates of Availability

DPWH-INFR-16: Sworn Statement Required by IRR Section 25.2b)iv)

DPWH-INFR-17: Bill of Quantities (BOQ)

DPWH-INFR-18: Summary of Bid Prices

DPWH-INFR-19: Cash Flow by Quarter

DPWH-INFR-20: Bidder’s Checklist of Requirements for Its Bid, Including Technical and
Financial Proposals Requirement for Bidders

DPWH-INFR-43: Performance Security: Irrevocable Letter of Credit

DPWH-INFR-44: Performance Security: Bank Guarantee

DPWH-INFR-45: Construction Methods

DPWH-INFR-46: Construction Schedule in the form of PERT/CPM or Precedence Diagram

and Bar Chart with S-Curve and Cash Flow

DPWH-INFR-47 Manpower Schedule

DPWH-INFR-48: Major Equipment Utilization Schedule

DPWH-INFR-49: Construction Safety and Health Program

DPWH-INFR-50: Checklist of Contract Documents and Supporting Documents

DPWH-INFR-51: Form of Contract Agreement

The content of each of these forms is given in the attached folder marked “ANNEX IIB –
Standard Bidding Forms.” The bidder may download these forms from the DPWH website.
The bidder may also obtain from the Procuring Entity hard copies of these forms as part of
the BDs for the contract.
Page 101 of 124
DEPARTMENT OF PUBLIC WORKS
AND HIGHWAYS
PROCUREMENT MANUAL
VOLUME II - INFRASTRUCTURE
ANNEX IIB: STANDARD FORMS

10 June 2016

DPWH PROCUREMENT MANUAL

VOLUME II – INFRASTRUCTURE
 ANNEX IIB - STANDARD BIDDING FORMS FOR INFRASTRUCTURE
TABLE OF CONTENTS
TO BE ACCOMPLISHED BY
FORM NO. NAME OF FORM PROCURING BIDDER
ENTITY
PROCUREMENT PLANNING
DPWH-INFR-01 Project Procurement Management Plan (PPMP) X
DPWH-INFR-02 Annual Procurement Plan (APP) X
DPWH-INFR-03 Approved Budget for the Contract (ABC) X
PREPARATION OF BIDDING DOCUMENTS
DPWH-INFR-04 Invitation to Bid X
Contractor’s Confidential Application Statement for
DPWH-INFR-05 Registration (CCASR) X
DPWH-INFR-06 Contractor’s Registration Certificate (CRC) X
DPWH-INFR-07 Contractor’s Information (CI) X
DPWH-INFR-08 Contract Profile (CP) for Eligibility Processing
DPWH-INFR-09 Bid Form X
DPWH-INFR-10 Form of Bid Security: Bank Guarantee X
DPWH-INFR-11 Form of Bid Security: Irrevocable Letter of Credit X
DPWH-INFR-12 Form of Bid Securing Declaration X
DPWH-INFR-13 Contractor’s Organizational Chart for the Contract X
List of Contractor’s Key Personnel to be Assigned to the
DPWH-INFR-14 Contract, with their Qualification and Experience Data X
List of Contractor’s Major Equipment Units to be assigned to
DPWH-INFR-15 the Contract, Supported by Certificates of Availability X
DPWH-INFR-16 Omnibus Sworn Statement Required by IRR Sec. 25.2b)iv) X
DPWH-INFR-17 Bill of Quantities (BOQ) X X
DPWH-INFR-18 Summary of Bid Prices X
DPWH-INFR-19 Cash Flow By Quarter X
Bidder’s Checklist of Requirements for its Bid, including
DPWH-INFR-20 Technical and Financial Proposals X
CONDUCT OF PRE-PROCUREMENT CONFERENCE
DPWH-INFR-21 Agenda of Pre-Procurement Conference X
DPWH-INFR-22 Pre-Procurement Conference Notice X
DPWH-INFR-23 Outline of Minutes of Pre-Procurement Conference X
CONDUCT OF PRE-BID CONFERENCE
DPWH-INFR-24 Agenda of Pre-Bid Conference X
DPWH-INFR-25 Pre-Bid Conference Notice X
DPWH-INFR-26 Outline of Minutes of Pre-Bid Conference X
DPWH-INFR-27 Supplemental Bulletin X
DPWH-INFR-28 Bid Bulletin
ELIGIBILITY CHECK
DPWH-INFR-29 Results of Eligibility Check X
DPWH-INFR-30 Notice of Ineligibility X
 RECEIPT AND OPENING OF BIDS
DPWH-INFR-31 Preliminary Examination of Technical Proposal vs. Checklist X
DPWH-INFR-32 Preliminary Examination of Financial Proposal vs. Checklist X
DPWH-INFR-33 Abstract of Bids as Read X
DPWH-INFR-34 Outline of Minutes of Opening of Bids X
DETAILED EVALUATION OF BIDS
1

TO BE ACCOMPLISHED BY
FORM NO. NAME OF FORM PROCURING BIDDER
ENTITY
DPWH-INFR-35 Abstract of Bids as Calculated X
DPWH-INFR-36 Outline of Bid Evaluation Report (BER) X
POST-QUALIFICATION
DPWH-INFR-37 Post-Qualification Report (PQR) X
DPWH-INFR-38 Notice of Post-Qualification (NPQ) X
DPWH-INFR-39 Notice of Post-Disqualification (NPD) X
BAC Resolution Declaring the Bidder with the LCRB and
DPWH-INFR-40 Recommending Award Thereto X
AWARD OF CONTRACT
DPWH-INFR-41 Notice of Award (NOA) X
DPWH-INFR-42 Notification of Bidding Results X
PERFECTION OF CONTRACT
DPWH-INFR-43 Performance Security: Irrevocable Letter of Credit X
DPWH-INFR-44 Performance Security: Bank Guarantee X
DPWH-INFR-45 Construction Methods X
Construction Schedule in PERT/CPM or Precedence
DPWH-INFR-46 Diagram and Bar Chart with S-Curve and Cash Flow X
DPWH-INFR-47 Manpower Schedule X
DPWH-INFR-48 Major Equipment Utilization Schedule X
DPWH-INFR-49 Construction Safety and Health Program X
DPWH-INFR-50 Checklist of Contract Documents and Supporting Documents X X
DPWH-INFR-51 Form of Contract Agreement X X
DPWH-INFR-52 Notice to Proceed (NTP) X
DPWH-INFR-53 Evaluation of Bids for Design-Build Project X
DPWH-INFR-54 Procurement Performance Report X
 Department of Public Works and Highways
----------------------------------------------------------------------------------------------------------
-

Department of Public Works and Highways

Registry of Contractors for Civil Works Projects
Contractor’s Confidential Application Statement for Registration (CCASR)

(Please read the attached Instructions)

I, __________________________________ of legal age, with postal address at

___________________________________________, after having been duly sworn in
accordance with the law, hereby depose and say:
1. That I am the: _________________________________________________________ of
the __________________________________________ duly authorized to make this
statement, as evidenced by the attached written authority from the proprietor/governing
board of the firm,
2. That I hereby present the following information for registration with the Department of
Public Works and Highways.

A. GENERAL INFORMATION
1. Name of Firm/Company : ___________________________________________________________
a. Head Office Address :Number: __________ Street Name: ______________________________
Municipality/City:
______________Province:_____________Region:___ Postal Code:
________________ Country: _________________
b. Telephone Number : _________________________
c. Fax Number : _________________________
d. Email Address : _________________________
e. Company TIN : _________________________

2. Foreign Contractors Only

a. Nationality : ______________________________
b. Philippine Address :Number: __________ Street Name: ______________________________
Municipality/City:
______________Province:_____________Region:___ Postal Code:
________________
c. Telephone Number : _________________________
d. Fax Number : _________________________
e. Email Address : _________________________
f. Percentage of Filipino
Ownership : __________________ (if applicable)

3. Person Managing the Affairs of the Firm: Attach Annex “A”

a. Name : _______________________________
b. Designation : _______________________________
c. Telephone Number : _________________________
d. Specimen Signature : _______________________________

3. Authorized Liaison Officers: Attach Annex “B”

a. Name : 1.__________________________ 2. _____________________________

----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 1 of 10
 Department of Public Works and Highways
----------------------------------------------------------------------------------------------------------
-
b. Designation : 1.__________________________ 2. _____________________________
c. Telephone Number : 1. _________________________ 2. _____________________________
d. Specimen Signature : 1. _________________________ 2. _____________________________

A. LEGAL ASPECTS

1. PCAB License Information (if applicable)

Contractor Particulars
(Please refer to your PCAB License)

 Sole Proprietor: Attach Annex “D”  Head Office Location (Region):

Partnership: Attach Annex “E” 
Corporation: Attach Annexes “E” and
“F”  Cooperative: Attach “G”
License Particulars

License First Issue Date (mm/dd/yy) ___/___/___ License No.

Validity Period of this License/Renewal (mm/dd/yy) From: ___/___/___ To: ___/___/___
Principal Classification: Category
Other Classifications

Registration Particulars

Registration Date (mm/dd/yy): ___/___/___ Number:

Validity Period of this Registration (mm/dd/yy): From: ___/___/___ To: ___/___/___
Kinds of Project Respective Size Ranges

----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 2 of 10
 Department of Public Works and Highways
----------------------------------------------------------------------------------------------------------
-

2. Ownership

Tax ID Number
NAME(S) of Owner/Stockholders
(TIN)

----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 3 of 10
 Department of Public Works and Highways
----------------------------------------------------------------------------------------------------------
-

3. City/Municipal Business Permit: Attach Annex “C”

4. BIR Tax Clearance (per EO 398, series of 2005): Attach Annex “H”
Date issued: _________________________
Validity period: ______________________
Tax Identification Number: _____________

----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 4 of 10
----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 5 of 10
 Department of Public Works and Highways (DPWH)
-------------------------------------------------------------------------------------------------------

ANNEX “L”

LETTER AUTHORIZING VERIFICATION OF THE INTEGRITY OF REGISTRATION

DOCUMENTS

Name of the Head of the Procuring Entity

Position of the Head of the Procuring Entity
Name of the Procuring Entity
Address

Dear __________________:

________________________________________________________________________
(Name of Firm)

I hereby request that our application for inclusion of the above-mentioned firm in the DPWH Registry of
Contractors for Civil Works be approved.

I am fully aware that:

1. all documents submitted in support of this application are subject to verification by the DPWH, and

2. any discovered misrepresentation of information and/or manifestations of fraud on the application

documents submitted by our firm applicant or its Authorized Representative/Agent/Liaison Officer shall
be subjected to investigation which may result in the disapproval/denial/suspension/revocation of this
application and blacklisting of our firm and myself as its Authorized Managing Officer; and

Name and Signature

Authorized Managing Officer

Republic of the Philippines) ____________________

)S.S.

SUBSCRIBED AND SWORN TO before me this ________ day of ___________________, 20____ at

______________________; affiant exhibited to me his Community Tax Certificate No. _______________
issued at __________________ on _________________ 20 ___.

Doc. No. __________;

Page No. __________;
Book No. _________ ; Name and Signature
NOTARY PUBLIC
(Until December 31, 20__)

----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 6
 of 10
Department of Public Works and Highways (DPWH)
----------------------------------------------------------------------------------------------

Republic of the Philippines

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila

CONTRACTOR’S REGISTRATION CERTIFCATE

Contractor Identification Number: No.

Effective Dates: From Date to Date

This is to certify that Name of Contractor, with office address at Address of the Contractor, is a
duly registered contractor with the DPWH Registry of Contractors for Civil Works Projects, and
recognized to undertake the following types, sizes, and cost ranges of civil works projects, subject
to the eligibility check by the DPWH for every particular contract to be bid:

Type, Size, and Cost Range

Type, Size, and Cost Range
Type, Size, and Cost Range, etc.

This Contractor’s Registration Certificate (CRC) is personal and non-transferable and may be
renewed only at the instance of the herein named Contractor. Any misuse of this CRC shall cause
the forfeiture of the established right and consequent debarment of the herein named Contractor.

The Contractor’s Information (CI) is attached as part of this CRC.

The herein named Contractor is advised to immediately inform this Office, within seven (7) days
upon receipt hereof, of any correction and updating of its CRC and CI so that these can be adjusted
accordingly.

Every time the Contractor submits to the Bids and Awards Committee a bid for a particular
contract, it shall also include therein an update of its CI, including the latest list and status of its
on-going contracts and contracts awarded but not yet started.

Given at Manila, Philippines, on date .

Name and Signature

Head, Central BAC Secretariat/
Technical Working Group
 Department of Public Works and Highways (DPWH)
-------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
DPWH-INFR-1016 Page 1 of 1

----------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-05-2016 Page 2
 Department of Public Works and Highways
-------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------
DPWH-INFR-07-2016 Page 1 of 2
ID:
Contract Name:
Location of the Contract:
--------------------------------------------------------------------------------------------------------------

OVERALL LIST OF MAJOR AND SIMILAR CATEGORIES OF WORK

Major Categories of Work Table
Code Category of Work Description Unit of Code Category of Work Description Unit of
Measure Measure
BCB Bridges- Construction- Bailey lm FHW Flood Control/ Hydraulics/Water lm
Supply
BCC Bridges- Construction- Concrete lm MBG Maintenance of Buildings stories
BCP Bridges- Construction- with Bored Piles lm MFC Maintenance of Flood Control cu. m
BCS Bridges- Construction- Steel lm MRB Maintenance of Roads and Bridges km
BIH Buildings/ Industrial Plant- High Rise stories PHC Ports/ Harbors- Causeway lm
BIL Buildings/ Industrial Plant- Low Rise stories PHW Ports/ Harbors- Wharf lm
BRB Bridges- Rehabilitation- Bailey lm RCA Roads- New Construction- Asphalt km
BRC Bridges- Rehabilitation- Concrete lm RCG Roads- New Construction- Gravel km
BRP Bridges- Rehabilitation- with Bored Piles lm RCP Roads- New Construction- PCCP km
BRR Bridges- Rehabilitation- Retrofitting lm RRA Roads- Rehabilitation- Asphalt km
BRS Bridges- Rehabilitation- Steel lm RRG Roads- Rehabilitation- Gravel km
FHD Flood Control/ Hydraulics/ Dams cu. m RRP Roads- Rehabilitation- PCCP km
FHG Flood Control/ Hydraulics/ Dredging cu. m TEA Traffic Engineering- Signage piece
FHP Flood Control/ Hydraulics/ Pumping Station unit TEP Traffic Engineering-Pavement Marking lm
FHN Flood Control/ Hydraulics/ Drainage lm TES Traffic Engineering- Signalization set
FHR Flood Control/ Hydraulics/ River Control lm FEN Perimeter Fence sq. m
--------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-08-2016 Page 1 of 1
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------------
BID FORM

Date:

To: Name of Procuring Entity Address

We, the undersigned, declare that:

a. we have examined and have no reservation on the Bidding Documents (BDs), including
Supplemental/Bid Bulletins, for the above stated Contract;

b. we offer to execute the Works for this Contract in accordance with the said BDs, including the Bid
Data Sheet, General and Special Conditions of Contract, Specifications and Drawings therein;

c. we present our Bid to execute the Works, consisting of our Technical Proposal (Annex “A”) and
our Financial Proposal (Annex “B”);

d. our Technical Proposal includes the following required documents:

(1) Bid Security in the required form, amount and validity period, using Form DPWH-INFR- 09, 10,
or 11, as applicable (Annex “A-1”)
(2) Organizational Chart for the Contract, using Form DPWH-INFR-13 (Annex “A-3”)
(3) Contractor’s Certification on Key Personnel for the Contract, with the Key Personnel’s
Affidavits of Commitment to Work on the Contract, using Form DPWH-INFR-14 (Annex “A-4”)
(4) List of Contractor’s Major Equipment Pledged for the Contract, using Form DPWHINFR-15
(Annex “A-5)
(5) Omnibus Sworn Statement required under RA 9184-IRR Sec. 25.2b)iv), using Form DPWH-
INFR-15 (Annex “A-6”);

e. our Financial Proposal includes the following required documents:

(1) Tis Bid Form (Annex “B-1”)

(2) Bid prices in the Bill of Quantities Form, using Forms DPWH-INFR-16 and 17 (Annex “B-2”)
(3) Detailed estimates (Annex “B-3”)
(4) Cash flow by quarter, using Form DPWH-INFR-18 (Annex “B-4”);

f. the total price of our Bid for this Contract based on the unit prices in the said Bill of Quantities,
excluding any discounts offered in item (g) below, is: total Bid price in words and in figures;

g. the discounts we offer and the methodology for their application for this Contract are:
________________________;

DPWH-INFR-09-2016 Page 1 of 2
Contract ID:
Contract Name:
Location of the Contract:
Department of Public Works and Highways

----------------------------------------------------------------------------------------
h. our Bid shall be valid for a period of _______________________ days after the date
fixed for the opening of bids in accordance with the Bidding Documents, and it shall
remain binding upon us and may be accepted by you at any time before the expiration
of that period;

i. if our Bid is accepted and we receive from you a Notice of Award, we commit, within
ten
(10) calendar days after our receipt of the said Notice, (1) to submit to you the required
Performance Security and other documents prescribed in the Bidding Documents, and (2) to
sign the Contract Agreement;

j. we understand that, if the contract is awarded to us, this Bid, together with your written
acceptance thereof through your Notice of Award, shall constitute a binding contract
between us, until a formal Contract Agreement is prepared and executed;

k. we understand that you are not bound to accept the Lowest Calculated Bid or any other
Bid that you may receive; and

l. we acknowledge that failure to sign each page of this Form of Bid and the
accomplished Bill of Quantities shall be a ground for the rejection of our Bid.

Name: ______________________________
In the capacity of: Signed: Duly authorized to sign the Bid for and on behalf
of:
Date:
DPWH-INFR-09-2016 Page 2 of 2
Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
-----------------------------------------------------------------------------------------

FORM OF BID SECURITY: BANK GUARANTEE

WHEREAS, ___Name of Bidder__, hereinafter called “the Bidder,” has submitted its bid dated
_________ for the ___Contract ID and Name__, hereinafter called “the Bid.”

KNOW ALL MEN by these presents that We, __Name of Bank__ of __Name of Country__,
having our registered office at ________________________, hereinafter called “the Bank,”
are bound unto __Name of Procuring Entity__, hereinafter called “the Entity,” in the sum of
________amount in words and figures________ for which payment well and truly to be made
to the said Entity the Bank binds itself, its successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _____ day of _________ 20___.

THE CONDITIONS of this obligation are that:

1) if the Bidder withdraws the Bid during the period of bid validity specified in the
Form of Bid; or

2) if the Bidder does not accept the correction of arithmetical errors of its bid price in
accordance with the Instructions to Bidder; or

3) if the Bidder having been notified of the acceptance of the Bid and award of
contract to it by the Entity during the period of bid validity:

a) fails or refuses to submit the requirements for and to execute the Form of
Contract in accordance with the Instructions to Bidders, if required; or

b) fails or refuses to furnish the Performance Security in accordance with the

Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of its first written
demand, without the Entity having to substantiate its demand, provided that in its demand the
Entity will note that the amount claimed by it is due to the occurrence of any one or
combination of the three (3) conditions stated above.

The Guarantee will remain in force up to a period of _______________ days after the opening
of bids as stated in the Instructions to Bidders or as it may be extended by the Entity, notice of
which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee
should reach the Bank within the said period.

Name and Signature of Bank’s Authorized Signatory Date:

_________________ Position
Contract ID:
Contract Name:
Location of the Contract:
------------------------------------------------------------------------------------------------------------------
----
DPWH-INFR-10-2016 Page 1 of 1
Department of Public Works and Highways

-----------------------------------------------------------------------------------

FORM OF BID SECURITY: IRREVOCABLE LETTER OF CREDIT

Date of Issuance

Name of Head of Procuring Entity

Position
Name of Procuring Entity
Address

Irrevocable Letter of Credit No. ______

For: Contract ID and Name____________________________

WHEREAS, Name of Bidder , hereinafter called the “Bidder,” has undertaken to

submit to you a bid for the above stated Contract, and whereas you have stipulated in the
Instructions to Bidders for the said Contract that the Bidder shall furnish you with an irrevocable
standby Letter of Credit for a sum specified therein as Bid Security for the faithful compliance
of the obligations of the Bidder:

WHEREAS, the Conditions of this obligation are that:

1) if the Bidder withdraws the Bid during the period of bid validity specified in the
Form of Bid; or

2) if the Bidder does not accept the correction of arithmetical errors of its bid price in
accordance with the Instructions to Bidder; or

3) if the Bidder having been notified of the acceptance of the Bid and award of contract
to it by the Entity during the period of bid validity:

a) fails or refuses to submit the requirements for and to execute the Form of Contract
in accordance with the Instructions to Bidders; or

b) fails or refuses to furnish the Performance Security in accordance with the

Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of its first written demand,
without the Entity having to substantiate its demand, provided that in its demand the Entity will
note that the amount claimed by it is due to the occurrence of any one or combination of the three
(3) conditions stated above.

WHEREAS, we have agreed to guarantee this obligation of the Bidder.

THEREFORE, we hereby affirm that we are guarantors and responsible to you, on behalf of
the Bidder, up to the total amount of amount of guarantee and we undertake to pay
you, upon first written demand declaring the Bidder to be in default under the Instructions to

------------------------------------------------------------------------------------------------------------------------------------ DPWH-
INFR-11-2016
Contract ID:
Contract Name:
Location of the Contract:
Department of Public Works and Highways

-----------------------------------------------------------------------------------
Bidders and without cavil or argument, any sum or sums within the limits of _amount of
guarantee as aforesaid, without you needing to prove or show grounds or reasons for
your demand for the sum specified therein.

This irrevocable guarantee is valid until one hundred twenty (120) calendar days after the date of
opening of bids for the said Contract on date__.

This certification is being issued in favor of the said Bidder in connection with your
requirements of the bidding for the said Contract. We are aware that any false statements issued
by us make us liable to perjury.

Name and Signature of Authorized Financing Institution

Official Designation

Concurred by:

Name and Signature of Bidder’s Authorized Representative

Official Designation
Contract ID:
Contract Name:
Location of the Contract:
------------------------------------------------------------------------------------------------------------------------------------ DPWH-
INFR-11-2016
Department of Public Works and Highways

------------------------------------------------------------------------------------------
REPUBLIC OF THE PHILIPPINES )
CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

BID-SECURING DECLARATION

Invitation to Bid: [Insert reference number] Contract

ID:
Contract Name:

To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract
with any procuring entity for a period of two (2) years upon receipt of your Blacklisting
Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines
on the Use of Bid Securing Declaration, within fifteen (15) days from receipt of the written
demand by the Procuring Entity for the commission of acts resulting to the enforcement of
the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of
the IRR of RA 9184; without prejudice to other legal action the government may undertake.

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the following
circumstances:

(a) Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;

(b) I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right;

(c) I am/we are declared as the bidder with the Lowest Calculated and Responsive Bid,
and I/we have furnished the performance security and signed the Contract.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].

[Insert NAME OF BIDDER’S

AUTHORIZED REPRESENTATIVE]
Contract ID:
Contract Name:
Location of the Contract:
[Insert signatory’s legal capacity]
Affiant

---------------------------------------------------------------------------------------------------------
DPWH-INFR-12-2016 Page 1 of 2
Department of Public Works and Highways

------------------------------------------------------------------------------------------
SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of
execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me
through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.
No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification
card used], with his/her photograph and signature appearing thereon, with no.
______ .
Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___ Series
of ____.

Note: This must be dry-sealed.

Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------------------------------
DPWH-INFR-12-2016 Page 2 of 2
Department of Public Works and Highways

------------------------------------------------------------------------------------------------

CONTRACTOR’S ORGANIZATIONAL CHART FOR THE CONTRACT

Submit a copy of the Organizational Chart that the Contractor intends to use to execute the
Contract if awarded to it. Indicate in the chart the names of the Project Manager, Project
Engineer, Structural Engineer, Materials and Quality Control Engineer, Foremen, and other
Key Personnel, as required in the Instructions to Bidders (Bid Data Sheet). Include
SubContractors, if any.

Attach the required Proposed Organizational Chart for the Contract as stated above.

Name and Signature of Bidder’s Representative Date: _____________

Position
Name of Bidder
Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------------------------------------------------
----DPWH-INFR-13-2016 Page 1 of 1
Department of Public Works and Highways

----------------------------------------------------------------------------------------------------

LIST OF CONTRACTOR’S KEY PERSONNEL TO BE ASSIGNED TO THE

CONTRACT, WITH THEIR QUALIFICATION DATA

Date of Issuance

Name of Head of Procuring Entity

Position
Name of Procuring Entity
Address

Dear Sir/Madame:

Supplementing our Organizational Chart for the abovestated Contract, we submit, and certify as
true and correct, the following information:

1. We have engaged the services of the following key personnel to perform the duties of the
positions indicated in the abovestated Contract if it is awarded to us:

Proposed Position (as Name Years of Experience

applicable) Total Similar
(Similar and Position
Related)
Project Manager
Project Engineer
Materials Engineer
Construction Safety
Officer
Foreman
Others (specify)

2. We submit the enclosed Curriculum Vitae and Affidavits of Commitment to Work on the
Contract of these key personnel.

3. We ensure that the abovementioned personnel shall employ their best care, skill, and ability in
performing the duties of their respective positions in accordance with the provisions of the
Contract, including the Conditions of Contract, Specifications, and Drawings, and that they
shall be personally present in the jobsite during the period of their assignment in the Contract.

4. In the event that we choose to replace any of the abovementioned key personnel, we shall
submit to you in writing at least fourteen (14) days before making the replacement, for your
Contract ID:
Contract Name:
Location of the Contract:
approval, the name and biodata of the proposed replacement whose qualifications shall be
equal to or better than that of the person to be replaced.

5. We understand that any violation of the abovestated conditions shall be a sufficient ground for
us to be disqualified from this Contract and future biddings of the DPWH.

Very truly yours,

------------------------------------------------------------------------------------------------------------
DPWH-INFR-14-2016
Department of Public Works and Highways

----------------------------------------------------------------------------------------------------

Name and Signature of Bidder’s Authorized Representative

Contract ID:
Contract Name:
Location of the Contract:
------------------------------------------------------------------------------------------------------------
DPWH-INFR-14-2016
Contract ID:
Contract Name:
Location of the Contract:
Department of Public Works and Highways

--------------------------------------------------------------------------------------------------------------------------------------
LIST OF CONTRACTOR’S MAJOR CONSTRUCTION AND LABORATORY EQUIPMENT UNITS TO BE ASSIGNED TO THE CONTRACT,
SUPPORTED BY CERTIFICATIONS OF AVAILABILITY

Business Name : ___________________________________________________

Business Address : ___________________________________________________
___________________________________________________

Description Model/Year Capacity / Plate No. Motor No. / Location Condition Proof of Ownership /
Performance / Size Body No. Lease/Purchase
A. Owned1
i.
ii.
iii.
iv.
v.

B. Leased2
i.
ii.
iii.
iv.
v.

C. Under Purchase Agreements3

i.
ii.
Contract ID:
Contract Name:
Location of the Contract:
iii.
iv.
v.
1Attched are copies of sales invoice / Registration Certificate from LTO.
2Attached are the certifications from the lessors that the equipment units under B (Leased) shall be available for this contract.
3
Attached are the certifications from the vendors that the equipment units under C (Purchase Agreements) shall be available for this contract.

Minimum major construction equipment requirement as prescribed in the Bid Data Sheet: Minimum major laboratory equipment requirements as prescribed in Bid Data Sheet:
________________________________ __ ______________________________ ______________________
_______________________________
______________________ ________________________________
________________________________

Name and Signature of Bidder’s Representative Date: _____________________

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-15-2016 Page 1of 1
Department of Public Works and Highways

--------------------------------------------------------------------------------------------------------------------------------------
Position
Name of Bidder
Contract ID:
Contract Name:
Location of the Contract:
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-15-2016 Page 1of 1
 Department of Public Works and Highways Contract ID:
Contract Name:
Location of the Contract:
------------------------------------------------------------------------------------------

OMNIBUS SWORN STATEMENT

AS REQUIRED BY RA 9184-IRR SECTION 25.2b)iv)

REPUBLIC OF THE PHILIPPINES) CITY/MUNICIPALITY

OF ______) S.S.

AFFIDAVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of
Affiant], after having been duly sworn in accordance with law, do hereby depose and state
that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of [Name

of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized

and designated representative of [Name of Bidder] with office address at [address of
Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor or authorized representative

of [Name of Bidder], I have full power and authority to do, execute and perform any
and all acts necessary to participate, submit the bid, and to sign and execute the ensuing
contract for [Name of the Project] of the [Name of the Procuring Entity][insert “as
shown in the attached duly notarized Special Power of Attorney” for the authorized
representative];

If a partnership, corporation, cooperative, or joint venture: I am granted full power

and authority to do, execute and perform any and all acts necessary to participate,
submit the bid, and to sign and execute the ensuing contract for the [Name of the
Project] of the [Name of the Procuring Entity] accompanied by the duly notarized
Special Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate,
whichever is applicable;

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the
Philippines or any of its agencies, offices, corporations, or Local Government Units,
foreign government/foreign or international financing institution whose blacklisting rules
have been recognized by the Government Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic

copy of the original, complete, and all statements and information provided therein are true
and correct;

---------------------------------------------------------------------------------------------------------
DPWH-INFR-16-2016 Page 1 of 3
 Department of Public Works and Highways Contract ID:
Contract Name:
Location of the Contract:
------------------------------------------------------------------------------------------

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/Implementing Unit, and the project consultants by consanguinity or affinity up
to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of Bidder]

is related to the Head of the Procuring Entity, members of the Bids and Awards
Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head
of the Project Management Office//Implementing Unit, and the project consultants by
consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling

stockholders of [Name of Bidder] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group,
and the BAC Secretariat, the head of the Project Management Office/Implementing
Unit, and the project consultants by consanguinity or affinity up to the third civil
degree;

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

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

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the implementation of the

Contract;

c) Make an estimate of the facilities available and needed for the contract to be bid, if any;
and

d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project];
and

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount, fee,
or any form of consideration, pecuniary or otherwise, to any person or official, personnel
or representative of the government in relation to any procurement project or activity.

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

---------------------------------------------------------------------------------------------------------
DPWH-INFR-16-2016 Page 2 of 3
 Department of Public Works and Highways Contract ID:
Contract Name:
Location of the Contract:
------------------------------------------------------------------------------------------

[Bidder’s Representative/Authorized Signatory] SUBSCRIBED AND SWORN to before

me this __ day of [month] [year] at [place of execution], Philippines. Affiant/s is personally
known to me and was identified by me through competent evidence of identity as defined in
the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant exhibited to me his/her
[insert type of government identification card used], with his/her photograph and signature
appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___ Series
of ____.

---------------------------------------------------------------------------------------------------------
DPWH-INFR-16-2016 Page 3 of 3
 Department of Public Works and Highways Contract ID:
Contract Name:
Location of the Contract:

SUMMARY OF BID PRICES

(All Parts of Bill of Quantities or BOQ)

Instructions for completing the Summary of Bid Prices:

1. Part No. – Enter the “Part No.” for each section of the BOQ where unit prices are entered.

2. Part Description – Enter the “Part Description” corresponding to the “Part No.”

3. Total Amount – Enter the “Total Amount” in Pesos for all pages having the same “Part
Description”

Part No. Part Description Total Amount

Total of Amounts
Total of All Amounts in Words:
Pesos __________________________________________________________
_______________________________________________________________
_______________________________________________________________
and _______________________ centavos.

Name ___________________________ in the capacity of _________________

Signed __________________________ Date ___________________________

Duly authorized to sign the Bid for and on behalf of _______________________

_________________________________________________________________
 Department of Public Works and Highways Contract ID:
Contract Name:
Location of the Contract:

----------------------------------------------------------------------------------------------------------------------
DPWH-INFR-18-2016 Page 1 of 1
Contract ID:
Contract Name:
Location of the Contract:
Department of Public Works and Highways

--------------------------------------------------------------------------------------------------------------------------------------

CASH FLOW BY QUARTER

PARTICULAR TOTAL. YEAR _____ YEAR _____

1st Q 2nd Q 3rd Q 4th Q 1ST Q 2ND Q 3RD Q 4TH Q
ACCOMPLISHMENT, IN % 100.0%
CASH FLOW, IN PhP
CUMULATIVE ACCOMPLISHMENT, IN % 100.0%
CUMULATIVE CASH FLOW, IN PhP

PARTICULAR TOTAL. YEAR _____ YEAR _____

1st Q 2nd Q 3rd Q 4th Q 1ST Q 2ND Q 3RD Q 4TH Q
ACCOMPLISHMENT, IN %
CASH FLOW, IN PhP
CUMULATIVE ACCOMPLISHMENT, IN %
CUMULATIVE CASH FLOW, IN PhP

Submitted by:
Contract ID:
Contract Name:
Location of the Contract:
Name and Signature of Bidder’s Representative Date: _______________
Position
Name of Bidder

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-19-2016 Page 1 o
 Department of Public Works and Highways
Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------------------------

CONTRACTOR’S CONSTRUCTION SAFETY AND HEALTH PROGRAM

Date

To: Name of the Head of the Procuring Entity

Address

Pursuant to the provisions of Section 37.2.3 of the Implementing Rules and Regulations of
Republic Act No. 9184 and in accordance with the provisions of Department Order No. 129,
series of 2014, of the Department of Public Works and Highways (DPWH) and the provisions
of the Memorandum dated 17 July 2014 of the Department of Labor and Employment (DOLE),
we hereby submit to you, as part of the contract documents for the abovementioned contract
awarded to us, our Construction Health and Safety Program which, once approved by the
DPWH and concurred in by the DOLE Regional Office concerned, shall be implemented by
us for the said contract.

1. Construction Safety and Health Committee: State the composition of the Contractor’s
Construction Safety and Health Committee, if one has been formed. Otherwise, state
an undertaking of the Contractor to organize such committee and appoint its members
before the start of construction work at the project site.

2. Specific Safety Policies: State the specific safety policies which the Contractor
undertakes to observe and maintain in its construction site, including the frequency of
and persons responsible for conducting toolbox and gang meetings.

3. Penalties and Sanctions: State the penalties and sanctions for violations of the
Construction Safety and Health Program.

4. Training: State the frequency, content and persons responsible for orienting,
instructing, and training all workers at the site with regard to the Construction Safety
and Health Program under which they operate.

5. Waste Disposal: State the manner of disposing waste arising from the construction.

Submitted by:

Name and Signature of Authorized Officer of the Bidder

Position

---------------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-49-2016