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Reference Number
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12155492
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Procuring Entity
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BARANGAY BOLISONG - MANJUYOD NEGROS ORIENTAL
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Title
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Completion of Multi-Purpose Hall Resolution No: 2025-015-P Series 2025
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Area of Delivery
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Negros Oriental
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Printable Version
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Solicitation Number:
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2025-07-014
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Trade Agreement:
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Implementing Rules and Regulations
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Procurement Mode:
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Public Bidding
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Classification:
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Civil Works
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Category:
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Construction Projects
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Approved Budget for the Contract:
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PHP 4,586,697.57
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Contract Duration:
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210 Day/s
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Client Agency:
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Contact Person:
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Angel Mae Vailoces Lagarde
Brgy. Treasurer
National Highway, Bolisong, Manjuyod, Neg. Or.
Manjuyod
Negros Oriental
Philippines 6208
63-000-00000
63-000-00000
angelmaevailoces91@gmail.com
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Status
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Active
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Associated Components
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Order
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Bid Supplements
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0
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Document Request List
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0
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Date Published
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09/07/2025
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Last Updated / Time
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09/07/2025 12:00 AM
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Closing Date / Time
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29/07/2025 2:00 PM
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Description
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REPUBLIC OF THE PHILIPPINES
BARANGAY BOLISONG
MUNICIPALITY OF MANJUYOD
MANJUYOD, NEGROS ORIENTAL
BIDDING DOCUMENTS
FOR
Completion of Multi-Purpose Hall Resolution No: 2025-015-P Series 2025
TABLE OF CONTENTS
SECTION I. INVITATION TO BID 3
SECTION II. INSTRUCTIONS TO BIDDERS 8
SECTION III. BID DATA SHEET 38
SECTION IV. GENERAL CONDITIONS OF CONTRACT 44
SECTION V. SPECIAL CONDITIONS OF CONTRACT 76
SECTION VI. SPECIFICATIONS 79
SECTION VII. DRAWINGS 79
SECTION VIII. BILL OF QUANTITIES 79
SECTION IX. BIDDING FORMS 80
REPUBLIC OF THE PHILIPPINES
BARANGAY BOLISONG
MUNICIPALITY OF MANJUYOD
MANJUYOD, NEGROS ORIENTAL
Section I. Invitation to Bid
Invitation to Bid for Completion of Multi-Purpose Hall Resolution No: 2025-015-P Series 2025
1. The Barangay Bolisong, Manjuyod, through the Resolution No: 2025-015-P Series 2025 intends to apply the sum of ₱4,586,697.57, being the Approved
Budget for the Contract (ABC) to payments under the contract for Completion of Multi-Purpose Hall Resolution No: 2025-015-P Series 2025 with Contract No.
2025-07-014 dated July 1, 2025. Bids received in excess of the ABC shall be automatically rejected at bid opening.
Select this for lot-procurement:
The Barangay Bolisong, Manjuyod, through the Resolution No: 2025-015-P Series 2025 intends to apply the sum of ₱4,586,697.57, 1 Construction of
Multi-Purpose Building, being the Approved Budget for the Contract (ABC) to payments under the contract for each lot. Bids received in excess of the ABC
for each lot shall be automatically rejected at bid opening.
2. The Barangay Bolisong, Manjuyod now invites bids for Completion of Multi-Purpose Hall Resolution No: 2025-015-P Series 2025. Completion of the Works is
required 210 C.D. Bidders should have completed a contract similar to the Project. The description of an eligible bidder is contained in the Bidding
Documents, particularly, in Section II. Instructions to Bidders.
Item No. Qty. Unit Item Description Estimated Unit Cost Estimated Cost
1 1 Lot Construction of Multi-Purpose Building 4,586,697.57
SPL 1 1 lot Permits & Clearances 42,000.00
SPL 2 1 lot Mobilization & Demobilization 14,700.00
SPL 3 1 lot Project Signage 9,681.13
I. 1 lot Demolition/Dismantling of Existing Structure (Reincforced Concrete Shed columns, Beams, Steel Roof Framing and Existing Entrance Building
Roofing),including Pruning of Star Apple Tree and Disposal of Debris 32,674.43
II. 14 cu.m Layout & Structure Excavation including Trimming (Stair Foundation, Wall Footing & Septic Tank) 2,548.37
III. 12 cu.m Gravel Fill (Wall Footing, Stair Foundation & Slab on Grade) 2,483.38
IV. 35 cu.m Embankment (Foundation, Wall Footing, Stair Foundation & Slab on Grade) 1,157.04
V. 6,994 kg Rebarworks (Wall Footing, Slab on Grade Beam, Stair, 2nd Floor Columns, 2nd Floor Beams, 2nd Floor Suspended Slab, and Roof Beams) 101.31
VI. 321 sq.m Formworks ( 2nd Floor Beams, 2nd Floor Columns, 2nd Floor Suspended Slab, Roof Beam, and Stair) 1,486.56
VII. 40.97 cu.m Concreteworks (Wall Footing, Slab on Grade, 2nd Floor Columns, 2nd Beams, 2nd Suspended Slab, Roof Beams, and Stair) 9,706.45
VIII. 1.00 lot Roof Framing Installation 246,307.69
IX. 165.00 sq.m Roofing Installation 1,320.02
X. 278 sq.m Masonry Works - Ground & 2nd Floor CHB Laying (CHB #4 with Class B - 1:3) 1,143.09
XI. 540 sq.m Masonry Works - Wall Plastering Max. 12mm thick, Class A Mixture 1:2 (Ground & 2nd Floor) 348.53
XII. 1 lot Doors & Windows (Ground Floor & Second Floor) 386,281.43
XIII. 24 lm Metal Works - Railing Installation with Painting 8,089.11
XIV. 157 sqm Finishing Works - Installation of Spandrel Suspended Ceiling on Metal Frames 2,314.02
XV. 586.5 sq.m. Painting - Wall & Ceiling (Ground Floor & Second Floor Interior and exterior) 234.57
XVI. 201 sq.m Finishing Works - Tiles Installation 1,783.14
XVII. 1 lot Ground Floor & Second Floor Plumbing Installation (Water Supply & Sanitary) 171,814.00
XVIII. 1 lot Installation Septic Tank 78,750.99
XIX. 1 lot Electrical Installation 127,347.79
XX. 1 lot Allow for Installation of Fire Prevention System (Stand Alone) 12,345.06
x x x
Duration: 210 CD
Item 1 ( 1 Lot) ABC: 4,586,697.57
3. Bidding will be conducted through open competitive bidding procedures using non-discretionary “pass/fail” criterion as specified in the 2016 Revised
Implementing Rules and Regulations (IRR) of Republic Act 9184 (RA 9184), otherwise known as the “Government Procurement Reform Act.”
Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or organizations with at least seventy five percent (75%)
interest or outstanding capital stock belonging to citizens of the Philippines.
4. Interested bidders may obtain further information from Barangay Bolisong, Municipality of Manjuyod and inspect the Bidding Documents at the address
given below from 8:00 am. – 5:00 pm., Monday – Friday.
5. A complete set of Bidding Documents may be acquired by interested bidders on July 9, 2025, 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 ₱5,000.00.
ANGEL MAE V. LAGARDE
Barangay Treasurer
Barangay Bolisong
Manjuyod, Negros Oriental
Cell No. 09533175160
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.
6. The Barangay Bolisong, Municipality of Manjuyod will hold a Pre-Bid Conference on July 17, 2025 at 02:00 pm. at Barangay Hall, Barangay Bolisong,
Manjuyod, Negros Oriental, which shall be open to prospective bidders.
7. Bids must be duly received by the Barangay Treasurer at the address below on or before July 29, 2025 @ 2:00 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.
Bid opening shall be on July 29, 2025 at 2:00 pm. at the Barangay Hall, Barangay Bolisong, Manjuyod Negros Oriental. 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.
8. Barangay Hall
Barangay Bolisong
Manjuyod, Negros Oriental
9. The Barangay Bolisong, Manjuyod 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.
10. For further information regarding with the Project, please refer to:
Office of the Municipal Engineer
LGU-Manjuyod
Manjuyod, Negros Oriental
Cell No. 09533175160
FERNANDO K. ELOPRE JR.
BAC Chairman
Cell No. 09533175160
Section II. Instructions to Bidders
Notes on the Instructions to Bidders
This Section of the Bidding Documents 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, eligibility check, opening and evaluation of bids, and on the award of
contract.
This Section also contains provisions that are to be used unchanged. Section III. Bid Data Sheet consists of provisions that supplement, amend, or specify
in detail information or requirements included in this Section and which are specific to each procurement.
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 Section IV. General Conditions of Contract (GCC), and/or Section V. Special
Conditions of Contract (SCC). If duplication of a subject is inevitable in the other sections of the document prepared by the Procuring Entity, care must
be exercised to avoid contradictions between clauses dealing with the same matter.
TABLE OF CONTENTS
A. GENERAL 11
1. Scope of Bid 11
2. Source of Funds 11
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices 11
4. Conflict of Interest 13
5. Eligible Bidders 14
6. Bidder’s Responsibilities 16
7. Origin of GOODS and Services 18
8. Subcontracts 18
B. CONTENTS OF BIDDING DOCUMENTS 18
9. Pre-Bid Conference 18
10. Clarification and Amendment of Bidding Documents 19
C. PREPARATION OF BIDS 19
11. Language of Bids 19
12. Documents Comprising the Bid: Eligibility and Technical Components 20
13. Documents Comprising the Bid: Financial Component 22
14. Alternative Bids 23
15. Bid Prices 23
16. Bid Currencies 24
17. Bid Validity 24
18. Bid Security 24
19. Format and Signing of Bids 27
20. Sealing and Marking of Bids 27
D. SUBMISSION AND OPENING OF BIDS 28
21. Deadline for Submission of Bids 28
22. Late Bids 28
23. Modification and Withdrawal of Bids 28
24. Opening and Preliminary Examination of Bids 29
E. EVALUATION AND COMPARISON OF BIDS 31
25. Process to be Confidential 31
26. Clarification of Bids 31
27. Detailed Evaluation and Comparison of Bids 31
28. Post Qualification 32
29. Reservation Clause 33
F. AWARD OF CONTRACT 34
30. Contract Award 34
31. Signing of the Contract 35
32. Performance Security 36
33. Notice to Proceed 37
34. Protest Mechanism………………………………………………………………..36
A. General
1. Scope of Bid
1.1. The Procuring Entity named in the BDS, invites bids for the construction of Works, as described in;
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
1.8.
1.9.
1.10.
1.11. Section VI. Specifications.
1.12. The name, identification, and number of lots specific to this bidding are provided in the BDS. The contracting strategy and basis of evaluation of
lots is described in ITB Clause 27.
1.13. The successful Bidder will be expected to complete the Works by the intended completion date specified in SCC Clause 1.17.
2. Source of Funds
The Procuring Entity has a budget 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. Unless otherwise specified in the BDS, the Procuring Entity, as well as bidders and contractors, shall observe the highest standard of ethics during
the procurement and execution of the contract. In pursuance of this policy, the Funding Source:
(a) defines, for purposes of this provision, the terms set forth below as follows:
(i) "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves,
others, or induce others to do so, by misusing the position 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 Procuring
Entity, 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;
(ii) "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 (prior to 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;
(iii) “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed
to establish bid prices at artificial, non-competitive levels; and
(iv) “coercive practices” 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;
(v) “obstructive practice” is
(aa) 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
(bb) 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 or fraudulent 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 Contract funded by the Funding Source if it at any
time determines that the firm has engaged in corrupt or fraudulent practices in competing or, or in executing, a Contract funded by the Funding
Source.
3.2. Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under the applicable laws on
individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.1(a).
3.3. Furthermore, 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 contract themselves or through independent auditors as reflected in the GCC Clause 34.
4. Conflict of Interest
4.1. All Bidders found to have conflicting interests 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 conflicting interests with another Bidder in any of the
events described in paragraphs (a) through (c) and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (g)
below:
(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 them 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;
(e) A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one
bid;
(f) A Bidder who participated as a consultant in the preparation of the design or technical specifications of the goods and related services that are the
subject of the bid; or
(g) A Bidder 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.
4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not
related to the Head of the Procuring Entity (HoPE), members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members
of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up
to the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons:
(a) If the Bidder is an individual or a sole proprietorship, to the Bidder himself;
(b) If the Bidder is a partnership, to all its officers and members;
(c) If the Bidder is a corporation, to all its officers, directors, and controlling stockholders;
(d) If the Bidder is a cooperative, to all its officers, directors, and controlling shareholders or members; and
(e) If the Bidder is a joint venture (JV), the provisions of items (a), (b), (c) or (d) of this Clause shall correspondingly apply to each of the members
of the said JV, as may be appropriate.
Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder.
5. Eligible Bidders
5.1. Unless otherwise indicated in the BDS, the following persons shall be eligible to participate in this Bidding:
(a) Duly licensed Filipino citizens/sole proprietorships;
(b) Partnerships 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;
(c) Corporations duly organized under the laws of the Philippines, and of which at least seventy five percent (75%) of the outstanding capital stock
belongs to citizens of the Philippines;
(d) Cooperatives duly organized under the laws of the Philippines.
(e) Persons/entities forming themselves into a 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, however, that, in accordance with Letter of Instructions No. 630, Filipino ownership or interest of the joint
venture concerned shall be at least seventy five percent (75%): Provided, further, that joint ventures 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: 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 joint venture as specified in their JVA.
5.2. The Procuring Entity may also invite foreign bidders when provided for under any Treaty or International or Executive Agreement as specified in the
BDS.
5.3. Government owned or controlled corporations (GOCCs) may be eligible to participate only if they can establish that they (a) are legally and
financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the Procuring Entity.
5.4. (a) The Bidder must have an experience of having completed a Single Largest Completed Contract (SLCC) that is similar to this Project, equivalent to
at least fifty percent (50%) of the ABC adjusted, if necessary, by the Bidder to current prices using the Philippine Statistics Authority (PSA) consumer
price index. However, contractors under Small A and Small B categories without similar experience on the contract to be bid may be allowed to bid if the
cost of such contract is not more than the Allowable Range of Contract Cost (ARCC) of their registration based on the guidelines as prescribed by the
PCAB.
(b) For Foreign-funded Procurement, the Procuring Entity and the foreign government/foreign or international financing institution may agree on another
track record requirement, as specified in the BDS.
For this purpose, contracts similar to the Project shall be those described in the BDS.
5.5. The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC), which must be at least equal to the ABC to be bid, 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 coinciding with the contract for this Project.
The values of the domestic 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.
6. Bidder’s Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section IX. Bidding Forms as required in ITB
Clause 12.1(b)(iii).
6.2. 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 10.4.
(e) Ensuring that it is not “blacklisted” or barred from bidding by the 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 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 to participate, submit the bid, and to sign and execute the ensuing contract, accompanied by the duly notarized Special Power of
Attorney, Board/Partnership Resolution, or Secretary’s Certificate, whichever is applicable;
(i) Complying with the disclosure provision under Section 47 of RA 9184and its IRR in relation to other provisions of RA 3019;
(j) Complying with existing labor laws and standards, in the case of procurement of services. Moreover, bidder undertakes to:
(i) Ensure the entitlement of workers to wages, hours of work, safety and health and other prevailing conditions of work as established by national laws,
rules and regulations; or collective bargaining agreement; or arbitration award, if and when applicable.
In case there is a finding by the Procuring Entity or the DOLE of underpayment or non-payment of workers’ wage and wage-related benefits, bidder agrees
that the performance security or portion of the contract amount shall be withheld in favor of the complaining workers pursuant to appropriate provisions of
Republic Act No. 9184 without prejudice to the institution of appropriate actions under the Labor Code, as amended, and other social legislations.
(ii) Comply with occupational safety and health standards and to correct deficiencies, if any.
In case of imminent danger, injury or death of the worker, bidder undertakes to suspend contract implementation pending clearance to proceed from the DOLE
Regional Office and to comply with Work Stoppage Order; and
(iii) Inform the workers of their conditions of work, labor clauses under the contract specifying wages, hours of work and other benefits under prevailing
national laws, rules and regulations; or collective bargaining agreement; or arbitration award, if and when applicable, through posting in two (2)
conspicuous places in the establishment’s premises; and
(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;
Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.
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. However, the Procuring Entity shall ensure that all information in the Bidding Documents, including
supplemental/bid bulletins issued are correct and consistent.
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. The Bidder should note that the Procuring Entity will accept bids only from those that have paid the applicable fee for the Bidding Documents at the
office indicated in the Invitation to Bid.
7. Origin of Goods and Services
There is no restriction on the origin of Goods, or Contracting of Works or Services other than those prohibited by a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations.
8. Subcontracts
8.1. Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Works to an extent as may be approved by the Procuring Entity and
stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract
for this Project.
8.2. Subcontractors must submit the documentary requirements under ITB Clause 12 and comply with the eligibility criteria specified in the BDS. In the
event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Works shall be disallowed.
8.3. The Bidder may identify the subcontractor to whom a portion of the Works will be subcontracted at any stage of the bidding process or during contract
implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part
of the technical component of its bid.
B. Contents of Bidding Documents
9. Pre-Bid Conference
9.1. (a) 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.
(b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission of and receipt of bids, but not earlier
than seven (7) calendar days from the posting of the Invitation to Bid/Bidding Documents in the PhilGEPS website. 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. The minutes of the pre-bid conference shall be recorded and prepared not later
than five (5) calendar days after the pre-bid conference. The minutes shall be made available to prospective bidders not later than five (5) days upon
written request.
9.3. Decisions of the BAC amending any provision of the bidding documents shall be issued in writing through a Supplemental/Bid Bulletin at least seven (7)
calendar days before the deadline for the submission and receipt of bids.
10. Clarification and Amendment of Bidding Documents
10.1. Prospective bidders may request for clarification(s) on and/or interpretation of any part of the Bidding Documents. 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.
10.2. The BAC shall respond to the said request by issuing a Supplemental/Bid Bulletin, to be made available to all those who have properly secured the
Bidding Documents, at least seven (7) calendar days before the deadline for the submission and receipt of Bids.
10.3. Supplemental/Bid Bulletins may also be issued upon the Procuring Entity’s initiative for purposes of clarifying or modifying any provision of the
Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of Bids. Any modification to the Bidding
Documents shall be identified as an amendment.
10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS and the website of the Procuring Entity concerned, if available,
and at any conspicuous place in the premises of the Procuring Entity concerned. It shall be the responsibility of all Bidders who have properly 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 Clause23.
C. Preparation of Bids
11. Language of Bids
The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility
requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a
translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency
authorized to translate documents, or a registered translator in the foreign bidder’s country; and shall be authenticated by the appropriate Philippine
foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. The English
translation shall govern, for purposes of interpretation of the bid.
12. Documents Comprising the Bid: Eligibility and Technical Components
12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents
(i) PhilGEPS Certificate of Registration and Membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the
procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of the IRR, provided, that
the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of the IRR;
(ii) Statement of all its ongoing government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar
in nature and complexity to the contract to be bid; and
Statement of the Bidder’s SLCC similar to the contract to be bid, in accordance with ITB Clause 5.4.
The two statements required shall indicate for each contract the following:
(ii.1) name of the contract;
(ii.2) date of the contract;
(ii.3) contract duration;
(ii.4) owner’s name and address;
(ii.5) nature of work;
(ii.6) contractor’s role (whether sole contractor, subcontractor, or partner in a JV) and percentage of participation;
(ii.7) total contract value at award;
(ii.8) date of completion or estimated completion time;
(ii.9) total contract value at completion, if applicable;
(ii.10) percentages of planned and actual accomplishments, if applicable; and
(ii.11) value of outstanding works, if applicable.
The statement of the Bidder’s SLCC shall be supported by the Notice of Award and/or Notice to Proceed, Project Owner’s Certificate of Final Acceptance
issued by the Owner other than the Contractor or the Constructors Performance Evaluation System (CPES) Final Rating, which must be at least satisfactory.
In case of contracts with the private sector, an equivalent document shall be submitted;
(iii) Unless otherwise provided in the BDS, a valid special PCAB License in case of joint ventures, and registration for the type and cost of the contract
for this Project; and
(iv) NFCC computation in accordance with ITB Clause 5.5.
Class “B” Documents
(v) If applicable, Joint Venture Agreement (JVA) in accordance with RA 4566.
(b) Technical Documents –
(i) Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of:
(i.1) a bank draft/guarantee or an irrevocable letter of credit issued by a foreign bank, it shall be accompanied by a confirmation from a Universal or
Commercial Bank; or
(i.2) a surety bond accompanied by a certification coming from the Insurance Commission that the surety or insurance company is authorized to issue such
instruments.
(ii) Project Requirements, which shall include the following:
(ii.1) Organizational chart for the contract to be bid;
(ii.2) 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. These personnel must meet the required minimum years of experience set in the BDS; and
(ii.3) List of contractor’s major equipment units, which are owned, leased, and/or under purchase agreements, supported by proof of ownership,
certification of availability of equipment from the equipment lessor/vendor for the duration of the project, as the case may be, which must meet the
minimum requirements for the contract set in the BDS; and
(iii) Sworn statement in accordance with Section 25.3 of the IRR of RA 9184 and using the form prescribed in Section IX. Bidding Forms.
13. Documents Comprising the Bid: Financial Component
13.1. Unless otherwise stated in the BDS, the financial component of the bid shall contain the following:
(a) Financial Bid Form, which includes bid prices and the bill of quantities, in accordance with ITB Clauses 15.1 and 15.3;and
(b) Any other document related to the financial component of the bid as stated in the BDS.
13.2. (a) Unless otherwise stated in the BDS, all Bids that exceed the ABC shall not be accepted.
(b) 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) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents 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 engineer or the responsible unit of the
procuring entity and that the estimates are based on adequate detailed engineering (in the case of infrastructure projects) and reflect the quality,
supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured.
(iii) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. In the case of infrastructure projects, the
procuring entity must also have trained quantity surveyors.
(iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer’s/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
goods and works.
14. Alternative Bids
14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid
which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an
alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes.
14.2. 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.
14.3. 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.
15. Bid Prices
15.1. The contract shall be for the whole Works, as described in ITB Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder.
15.2. The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Bids not addressing or providing all of the
required items in the Bidding Documents including, where applicable, Bill of Quantities, 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 zero (0)or a dash (-) for the said item would mean that it is being offered for free to the Government, except those required by law or regulations to be
provided for.
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 rates, prices, and total bid price submitted by the Bidder.
15.4. All bid prices for the given scope of work in the contract as awarded 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 48.Upon the recommendation of the Procuring
Entity, 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 approval by the GPPB. 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. Bid Currencies
16.1. All bid prices shall be quoted in Philippine Pesos unless otherwise provided in the BDS. However, for purposes of bid evaluation, bids denominated in
foreign
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