REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE
CITTA DI ORO SUBDIVISION, STA. RITA, GUIGUINTO, BULACAN

BIDDING DOCUMENTS

FOR THE

DESIGN AND BUILD OF 30 CU.M.

SMALL WATER IMPOUNDING
SYSTEM (SWIS) IN DRT, BULACAN

PROJECT ID NO. PENRO-BULACAN_SWIS-2020-01

 TABLE OF CONTENTS

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

Section I. Invitation to Bid...............................................................................6
Section II. Instructions to Bidders ................................................................ 10
1. Scope of Bid ............................................................................................................10
2. Funding Information ...............................................................................................10
3. Bidding Requirements.............................................................................................10
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ....................11
5. Eligible Bidders.......................................................................................................11
6. Origin of Associated Goods ....................................................................................11
7. Subcontracts ............................................................................................................11
8. Pre-Bid Conference .................................................................................................12
9. Clarification and Amendment of Bidding Documents............................................12
10. Documents Comprising the Bid: Eligibility and Technical Components ...............12
11. Documents Comprising the Bid: Financial Component .........................................13
12. Alternative Bids ......................................................................................................13
13. Bid Prices ................................................................................................................13
14. Bid and Payment Currencies ...................................................................................13
15. Bid Security.............................................................................................................13
16. Sealing and Marking of Bids...................................................................................14
17. Deadline for Submission of Bids ............................................................................14
18. Opening and Preliminary Examination of Bids ......................................................14
19. Detailed Evaluation and Comparison of Bids .........................................................14
20. Post Qualification ....................................................................................................15
21. Signing of the Contract ...........................................................................................15
Section III. Bid Data Sheet ............................................................................ 16
Section IV. General Conditions of Contract................................................. 18
1. Scope of Contract ....................................................................................................18
2. Sectional Completion of Works ..............................................................................18
3. Possession of Site ....................................................................................................18
4. The Contractor’s Obligations ..................................................................................19
5. Performance Security ..............................................................................................19
6. Site Investigation Reports .......................................................................................19
7. Warranty..................................................................................................................19
8. Liability of the Contractor .......................................................................................20
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 9. Termination for Other Causes .................................................................................20
10. Dayworks ................................................................................................................20
11. Program of Work.....................................................................................................20
12. Instructions, Inspections and Audits .......................................................................20
13. Advance Payment....................................................................................................21
14. Progress Payments ..................................................................................................21
15. Operating and Maintenance Manuals......................................................................21
Section V. Special Conditions of Contract .................................................... 22
Section VI. Specifications .............................................................................. 32
Section VII. Drawings .................................................................................... 34
Section VIII. Bill of Quantities ...................................................................... 35
Section IX. Checklist of Technical and Financial Documents ..................... 37

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 Glossary of
Terms, Abbreviations, and Acronyms

ABC – Approved Budget for the Contract.

ARCC – Allowable Range of Contract Cost.

BAC – Bids and Awards Committee.

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

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

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

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

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

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

CDA – Cooperative Development Authority.

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

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

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

CPI – Consumer Price Index.

DOLE – Department of Labor and Employment.

DTI – Department of Trade and Industry.

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Foreign-funded Procurement or Foreign-Assisted Project – Refers to procurement whose
funding source is from a foreign government, foreign or international financing institution as
specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section
5[b]).

GFI – Government Financial Institution.

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

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

GOP – Government of the Philippines.

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

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

LGUs – Local Government Units.

NFCC – Net Financial Contracting Capacity.

NGA – National Government Agency.

PCAB – Philippine Contractors Accreditation Board.

PhilGEPS - Philippine Government Electronic Procurement System.

Procurement Project – refers to a specific or identified procurement covering goods,

infrastructure project or consulting services. A Procurement Project shall be described,
detailed, and scheduled in the Project Procurement Management Plan prepared by the agency
which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB Circular
No. 06-2019 dated 17 July 2019)

PSA – Philippine Statistics Authority.

SEC – Securities and Exchange Commission.

SLCC – Single Largest Completed Contract.

UN – United Nations.
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 Section I. Invitation to Bid

Notes on the Invitation to Bid

The Invitation to Bid (IB) provides information that enables potential Bidders to decide
whether to participate in the procurement at hand. The IB shall be posted in accordance with
Section 21.2 of the 2016 revised IRR of RA No. 9184.

Apart from the essential items listed in the Bidding Documents, the IB should also indicate
the following:

a. The date of availability of the Bidding Documents, which shall be from the time the
IB is first advertised/posted until the deadline for the submission and receipt of bids;

b. The place where the Bidding Documents may be acquired or the website where it
may be downloaded;

c. The deadline for the submission and receipt of bids; and

d. Any important bid evaluation criteria.

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

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 Republic of the Philippines
Department of Environment and Natural Resources
Provincial Environment and Natural Resources Office
Citta Di Oro Subdivision, Sta. Rita, Guiguinto, Bulacan
Telefax No. (044) 7947090
Email Address: denr_bulacan@yahoo.com

Invitation to Bid
DESIGN AND BUILD OF 30 CU.M. SMALL WATER
IMPOUNDING SYSTEM (SWIS) IN DRT, BULACAN
The PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE –
BULACAN (PENRO-BULACAN), through the authorized appropriations under the FY 2021
General Appropriations Act, intends to apply the sum of TWO MILLION ONE HUNDRED
NINETY-EIGHT THOUSAND PESOS (P2,198,000.00) being the Approved Budget for the
Contract (ABC) to payments under the contract for the “DESIGN AND BUILD OF 30 CU.M.
SMALL WATER IMPOUNDING SYSTEM (SWIS) IN DRT, BULACAN” (Project ID
No. PENRO-BULACAN_SWIS-2021-01). Bids received in excess of the ABC shall be
automatically rejected at bid opening.

1. The PENRO-BULACAN now invites bids for the above Procurement Project.
Completion of the Works is required by not later than March 31, 2021. 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).

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

Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or

organizations with at least sixty percent (60%) interest or outstanding capital stock
belonging to citizens of the Philippines, and to citizens or organizations of a country
the 7 laws or regulations of which grant similar rights or privileges to Filipino citizens,
pursuant to RA No. 5183.

3. Interested bidders may obtain further information from PENRO-BULACAN Bids and
Awards Committee (BAC) Secretariat through the contact details given below and
inspect the Bidding Documents as posted on the websites of DENR Region 3 and the
Philippine Government Electronic Procurement System (PhilGEPS).

4. A complete set of Bidding Documents may be acquired by interested bidders on

February 24, 2021 – March 16, 2021 from the given address and website below and
upon payment of a fee in the amount of Five Thousand Pesos (P5,000.00).The
Procuring Entity shall allow the bidder to present its proof of payment for the fees which
will be presented in person, by facsimile, or through electronic means.

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 It may also be downloaded free of charge from the websites of the Philgeps and the
DENR Region 3, provided that Bidders shall pay the applicable fee for the Bidding
Documents not later than the submission of their bids.

5. The PENRO-BULACAN will hold a Pre-Bid Conference1 on March 4, 2021, 10:00

a.m., which shall be open to prospective bidders. To reduce the risks and hazards of
community transmission of COVID-19, the BAC shall conduct meetings and
conferences via

https://zoom.us/j/91001716739?pwd=MHExMnFnWktXWnM4L21EVzZWTjdT
UT09 (Meeting ID: 910 0171 6739; Passcode: 034905)

until further notice, or until such time that the state of calamity, or implementation of
community quarantine or similar government restrictions shall have been lifted by the
proper government authorities.

Before the start of the meeting, bidders are advised to log in the waiting room and wait
for the instruction of the BAC Secretariat to join the BAC meeting link.

6. Bids must be duly received by the BAC Secretariat or the PENRO-Bulacan Records
Section through manual submission at the office address indicated below on or before
March 16, 2021, 10:00 a.m. Late bids shall not be accepted.

7. All bids must be accompanied by a bid security in any of the acceptable forms and in
the amount stated in ITB Clause 14.

8. Bid opening shall be on March 16, 2021, 10:00 a.m. at the given address below and/or
via

https://zoom.us/j/91911248171?pwd=eGZ2VVZNSWI5VFhQaEdieXZ1czQ5Zz0
9 (Meeting ID: 919 1124 8171; Passcode: 320093)

Bids will be opened in the presence of the bidders’ representatives who choose to attend
the activity. Authorized attendees, including representatives of bidders, who are
physically present at the BAC Conference Room, 3rd Floor PENRO-Bulacan Building,
Citta Di Oro Subdivision, Sta. Rita, Guiguinto, Bulacan shall likewise join the meeting
via videoconferencing.

Before the start of the meeting, bidders are advised to log in the waiting room and wait
for the instruction of the BAC Secretariat to join the BAC meeting link.

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

1
May be deleted in case the ABC is less than One Million Pesos (PhP1,000,000) where the Procuring Entity may not hold a
pre-bid conference.

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 10. For further information, please refer to:

PBAC Secretariat
Provincial Environment and Natural Resources Office - Bulacan
Citta Di Oro Subdivision, Sta. Rita, Guiguinto, Bulacan
Email Address: denr_bulacan@yahoo.com
Telefax No. 044-7947090

11. You may visit the following website to download the Bidding Documents:
https://r3.denr.gov.ph/index.php/bid-opportunities/penros

February 23, 2021

Digitally
signed by
Juanito N. Pascual
JUANITO N. PASCUAL
Chairperson, PENRO-Bulacan BAC

BAC Schedule of Activities is showed on the table below.

Name of Contract/Project : DESIGN AND BUILD OF 30 CU.M. SMALL

WATER IMPOUNDING SYSTEM (SWIS) IN DRT,
BULACAN
Contract Location : SO. LUYA, TALBAK, DRT, BULACAN
Approved Budget for the Contract (ABC) : PHP2,198,000.00
Source of Fund : GENERAL APROPRIATIONS ACT (GAA) OF 2021
Contract Duration : 4 MONTHS

Issuance
February 24, 2021 (Wednesday) 8:00 AM – 5:00 PM only
of Bid
to March 16, 2021 (Tuesday) 8:00 AM – 10 AM March 16, 2021 (Tuesday)
Docs
Through video-conferencing/webcasting via
Pre-Bid Zoom, log in at
Confere March 4, 2021 (Thursday) https://zoom.us/j/91001716739?pwd=MHEx
nce MnFnWktXWnM4L21EVzZWTjdTUT09

Submiss Until 10:00 AM at PENRO-Bulacan Records

ion of March 16, 2021 (Tuesday) Section, Citta Di Oro Subdivision, Sta. Rita,
Bids Guiguinto, Bulacan
10:00 AM at 3rd Floor Conference Room, PENRO-
Opening Bulacan Building, Citta Di Oro Subdivision, Sta.
of Bids Rita, Guiguinto, Bulacan and or through video-
and Bid March 16, 2021 (Tuesday) conferencing/webcasting via Zoom, log in at
Evaluati https://zoom.us/j/91911248171?pwd=eGZ2V
on VZNSWI5VFhQaEdieXZ1czQ5Zz09

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 Section II. Instructions to Bidders

Notes on the Instructions to Bidders

This Section on the Instruction to Bidders (ITB) provides the information necessary for
bidders to prepare responsive bids, in accordance with the requirements of the Procuring
Entity. It also provides information on bid submission, eligibility check, opening and
evaluation of bids, post-qualification, and on the award of contract.

1. Scope of Bid

The Procuring Entity, Provincial Environment and Natural Resources Office – Bulacan
(PENRO-BULACAN) invites Bids for the “DESIGN AND BUILD OF 30 CU.M.
SMALL WATER IMPOUNDING SYSTEM IN DRT. BULACAN”, with Project
Identification Number PENRO-BULACAN_SWIS-2021-01.

The Procurement Project (referred to herein as “Project”) is composed of 1 lot, as

described in Section VI (Specifications).

2. Funding Information

2.1. The GOP through the source of funding as indicated below for FY 2021 in the
amount of TWO MILLION ONE HUNDRED NINETY-EIGHT
THOUSAND PESOS (P2,198,000.00).

2.2. The source of funding is FY 2021 General Appropriations.

3. Bidding Requirements

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

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

The Bidder, by the act of submitting its Bid, shall be deemed to have inspected the site,
determined the general characteristics of the contracted Works and the conditions for
this Project, such as the location and the nature of the work; (b) climatic conditions;
(c) transportation facilities; (c) nature and condition of the terrain, geological conditions
at the site communication facilities, requirements, location and availability of
construction aggregates and other materials, labor, water, electric power and access

10
 roads; and (d) other factors that may affect the cost, duration and execution or
implementation of the contract, project, or work and examine all instructions, forms,
terms, and project requirements in the Bidding Documents.

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

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

5. Eligible Bidders

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

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

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

major categories of work stated in the BDS.

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

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

6. Origin of Associated Goods

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

7. Subcontracts

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

The Procuring Entity has prescribed that: Subcontracting is not allowed.

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8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on March 4, 2021,
10:00 a.m., as indicated in paragraph 6 of the IB. To reduce the risks and hazards of
community transmission of COVID-19, the BAC shall conduct meetings and
conferences via
https://zoom.us/j/91001716739?pwd=MHExMnFnWktXWnM4L21EVzZWTjdT
UT09
until further notice, or until such time that the state of calamity, or implementation of
community quarantine or similar government restrictions shall have been lifted by the
proper government authorities. Before the start of the meeting, bidders are advised to
log in the waiting room and wait for the instruction of the BAC Secretariat to join the
BAC meeting link.

9. Clarification and Amendment of Bidding Documents

Prospective bidders may request for clarification on and/or interpretation of any part of
the Bidding Documents. Such requests must be in writing and received by the
Procuring Entity, either at its given address or through electronic mail indicated in the
IB, at least ten (10) calendar days before the deadline set for the submission and receipt
of Bids.

10. Documents Comprising the Bid: Eligibility and Technical

Components

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

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

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

10.4. A List of Contractor’s key personnel (e.g., Project Manager, Project Engineers,
Materials Engineers, and Foremen) assigned to the contract to be bid, with their

12
 complete qualification and experience data shall be provided. These key
personnel must meet the required minimum years of experience set in the BDS.

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

11. Documents Comprising the Bid: Financial Component

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

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

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

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

12. Alternative Bids

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

13. Bid Prices

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

14. Bid and Payment Currencies

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

a. Payment of the contract price shall be made in Philippine Pesos.

15. Bid Security

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

15.2. The Bid and bid security shall be valid until July 16, 2021. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.

16. Sealing and Marking of Bids

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

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

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

17. Deadline for Submission of Bids

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

18. Opening and Preliminary Examination of Bids

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

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

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

2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

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

19.2. If the Project allows partial bids, all Bids and combinations of Bids as indicated
in the BDS shall be received by the same deadline and opened and evaluated
14
 simultaneously so as to determine the Bid or combination of Bids offering the
lowest calculated cost to the Procuring Entity. Bid Security as required by ITB
Clause 16 shall be submitted for each contract (lot) separately.

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

20. Post Qualification

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

21. Signing of the Contract

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

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 Section III. Bid Data Sheet

Notes on the Bid Data Sheet (BDS)

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

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

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

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

incorporated.

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

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

Bid Data Sheet

ITB Clause
5.2 The Required PCAB licence for this contract is as follows:
a. Licence Category : Small A & Small B
b. Single Largest Completed Contract : above Php500,000.00 up to Php10M
c. Allowable Range of Contract Cost : Up to Php15M

For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:

(i) a single contract that is similar to the project and whose value must be at
least fifty percent (50%) of the ABC to be bid; or

(ii) (a) at least two (2) similar contracts and the aggregate contract amounts
should be equivalent to at least fifty percent (50%) of the ABC to be
bid; and

(b) the largest of these similar contracts must be equivalent to at least

half of the percentage of the ABC as required above.

Failure to submit a copy of the Single Largest Completed Contract with proof

16
 of completion is a valid ground for disqualification of the bidder.

For this purpose, each similar contract shall refer to grubbing.

7.1 Sub-contracting is not allowed.

10.3 No further instructions.

10.4 The key personnel must meet the required minimum years of experience set
below:
Key Personnel General Experience Relevant Experience
Foreman 1 2
Construction Safety and 1 2
Health Personnel
10.5 The minimum major equipment requirements are the following:

Equipment Capacity Number of Units

One bagger concrete mixer 1
Concrete vibrator 1
Bar cutter 1
12 [Insert Value Engineering clause if allowed.]

15.1 The bid security shall be in the form of a Bid Securing Declaration or any of the
following forms and amounts:
a. The amount of not less than Php 43,960.00 (2% of ABC), if bid security
is in cash, cashier’s/manager’s check, bank draft/guarantee or
irrevocable letter of credit;

b. The amount of not less than Php 109,900.00 (5% of ABC) if bid security
is in Surety Bond.
19.2 Partial bids are allowed, as follows:
[Insert grouping of lots by specifying the items and the quantity for every
identified lot.]
20 [List licenses and permits relevant to the Project and the corresponding law
requiring it, e.g. Environmental Compliance Certificate, Certification that the
project site is not within a geohazard zone, etc.]
21 Additional contract documents relevant to the Project that may be required by
existing laws and/or the Procuring Entity, such as construction schedule and S-
curve, manpower schedule, construction methods, equipment utilization
schedule, construction safety and health program approved by the DOLE, and
other acceptable tools of project scheduling.

17
 Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

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

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

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

1. Scope of Contract

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

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

2. Sectional Completion of Works

If sectional completion is specified in the Special Conditions of Contract (SCC),

references in the Conditions of Contract to the Works, the Completion Date, and the
Intended Completion Date shall apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of the
Works).

3. Possession of Site
3.1 The Procuring Entity shall give possession of all or parts of the Site to the
Contractor based on the schedule of delivery indicated in the SCC, which
corresponds to the execution of the Works. If the Contractor suffers delay or
incurs cost from failure on the part of the Procuring Entity to give possession in

18
 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.

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

4. The Contractor’s Obligations

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

The Procuring Entity will approve any proposed replacement of key personnel only if
their relevant qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.

5. Performance Security

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

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

6. Site Investigation Reports

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

7. Warranty

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

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

force majeure, shall cover the period from the date of issuance of the Certificate

19
 of Final Acceptance by the Procuring Entity. Specific duration of the warranty
is found in the SCC.

8. Liability of the Contractor

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

9. Termination for Other Causes

Contract termination shall be initiated in case it is determined prima facie by the

Procuring Entity that the Contractor has engaged, before, or during the implementation
of the contract, in unlawful deeds and behaviors relative to contract acquisition and
implementation, such as, but not limited to corrupt, fraudulent, collusive, coercive, and
obstructive practices as stated in ITB Clause 4.

10. Dayworks

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

11. Program of Work

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

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

12. Instructions, Inspections and Audits

The Contractor shall permit the GOP or the Procuring Entity to inspect the Contractor’s
accounts and records relating to the performance of the Contractor and to have them
audited by auditors of the GOP or the Procuring Entity, as may be required.
20
13. Advance Payment

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

14. Progress Payments

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

15. Operating and Maintenance Manuals

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

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

21
 Section V. Special Conditions of Contract

Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity in
providing contract-specific information in relation to corresponding clauses in the GCC
found in Section IV.

The Special Conditions of Contract (SCC) complement the GCC, specifying contractual
requirements linked to the special circumstances of the Procuring Entity, the Procuring
Entity’s country, the sector, and the Works procured. In preparing this Section, the following
aspects should be checked:

a. Information that complements provisions of the GCC must be incorporated.

b. Amendments and/or supplements to provisions of the GCC as necessitated by the

circumstances of the specific purchase, must also be incorporated.

However, no special condition which defeats or negates the general intent and purpose of
the provisions of the GCC should be incorporated herein.

Special Conditions of Contract

GCC Clause
2 No different dates are specified for completion of the Works by section
(“sectional completion”)
3.1 The Procuring Entity shall give possession of all parts of the Site to the
Contractor upon issuance of the NTP.
6 The site investigation reports are:

22
23
24
25
26
27
28
29
30
7.2 [In case of semi-permanent structures, such as buildings of types 1, 2, and
3 as classified under the National Building Code of the Philippines,
concrete/asphalt roads, concrete river control, drainage, irrigation lined
canals, river landing, deep wells, rock causeway, pedestrian overpass, and
other similar semi-permanent structures:] Five (5) years.
10 No dayworks are applicable to the contract.
11.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within ten (10) days of delivery of the Notice of
Award.
11.2 The amount to be withheld for late submission of an updated Program of
Work is one percent (1%) of the progress billing.
13 The amount of the advance payment is fifteen percent (15%) of the
Contract Price to be recoup every progress billing.
14 Materials and equipment delivered on the site but not completely put in
place shall be included for payment.
15.1 The date by which operating and maintenance manuals are required is 30
days from completion.

The date by which “as built” drawings are required is 30 days from
completion.
15.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is one
percent (1%) of the final amount.

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 Section VI. Specifications

Notes on Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically
and competitively to the requirements of the Procuring Entity without qualifying or
conditioning their Bids. In the context of international competitive bidding, the
specifications must be drafted to permit the widest possible competition and, at the same
time, present a clear statement of the required standards of workmanship, materials, and
performance of the goods and services to be procured. Only if this is done will the objectives
of economy, efficiency, and fairness in procurement be realized, responsiveness of Bids be
ensured, and the subsequent task of bid evaluation facilitated. The specifications should
require that all goods and materials to be incorporated in the Works be new, unused, of the
most recent or current models, and incorporate all recent improvements in design and
materials unless provided otherwise in the Contract.

Samples of specifications from previous similar projects are useful in this respect. The use
of metric units is mandatory. Most specifications are normally written specially by the
Procuring Entity or its representative to suit the Works at hand. There is no standard set of
Specifications for universal application in all sectors in all regions, but there are established
principles and practices, which are reflected in these PBDs.

There are considerable advantages in standardizing General Specifications for repetitive

Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions prevail.
The General Specifications should cover all classes of workmanship, materials, and
equipment commonly involved in construction, although not necessarily to be used in a
particular Works Contract. Deletions or addenda should then adapt the General
Specifications to the particular Works.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for goods, materials, and workmanship, recognized international
standards should be used as much as possible. Where other particular standards are used,
whether national standards or other standards, the specifications should state that goods,
materials, and workmanship that meet other authoritative standards, and which ensure
substantially equal or higher quality than the standards mentioned, will also be acceptable.
The following clause may be inserted in the SCC.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Contract to specific standards and codes to be met by the
goods and materials to be furnished, and work performed or tested, the provisions of the
latest current edition or revision of the relevant standards and codes in effect shall apply,
unless otherwise expressly stated in the Contract. Where such standards and codes are
national, or relate to a particular country or region, other authoritative standards that ensure
a substantially equal or higher quality than the standards and codes specified will be accepted

32
 subject to the Procuring Entity’s Representative’s prior review and written consent.
Differences between the standards specified and the proposed alternative standards shall be
fully described in writing by the Contractor and submitted to the Procuring Entity’s
Representative at least twenty-eight (28) days prior to the date when the Contractor desires
the Procuring Entity’s Representative’s consent. In the event the Procuring Entity’s
Representative determines that such proposed deviations do not ensure substantially equal
or higher quality, the Contractor shall comply with the standards specified in the documents.

These notes are intended only as information for the Procuring Entity or the person drafting
the Bidding Documents. They should not be included in the final Bidding Documents.

DPWH Standards

1. 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.

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 Section VII. Drawings
[Insert here a list of Drawings. The actual Drawings, including site plans, should be attached
to this section, or annexed in a separate folder.]

34
 Section VIII. Bill of Quantities

Notes on the Bill of Quantities

Objectives

The objectives of the Bill of Quantities are:

a. to provide sufficient information on the quantities of Works to be performed to

enable Bids to be prepared efficiently and accurately; and

b. when a Contract has been entered into, to provide a priced Bill of Quantities for use
in the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in
sufficient detail to distinguish between the different classes of Works, or between Works of
the same nature carried out in different locations or in other circumstances which may give
rise to different considerations of cost. Consistent with these requirements, the layout and
content of the Bill of Quantities should be as simple and brief as possible.

Daywork Schedule

A Daywork Schedule should be included only if the probability of unforeseen work, outside
the items included in the Bill of Quantities, is high. To facilitate checking by the Entity of
the realism of rates quoted by the Bidders, the Daywork Schedule should normally comprise
the following:

a. A list of the various classes of labor, materials, and Constructional Plant for which
basic daywork rates or prices are to be inserted by the Bidder, together with a
statement of the conditions under which the Contractor will be paid for work
executed on a daywork basis.

b. Nominal quantities for each item of Daywork, to be priced by each Bidder at

Daywork rates as Bid. The rate to be entered by the Bidder against each basic
Daywork item should include the Contractor’s profit, overheads, supervision, and
other charges.

Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by

including a provisional sum in the Summary Bill of Quantities. Similarly, a contingency
allowance for possible price increases should be provided as a provisional sum in the
Summary Bill of Quantities. The inclusion of such provisional sums often facilitates
budgetary approval by avoiding the need to request periodic supplementary approvals as the
future need arises. Where such provisional sums or contingency allowances are used, the
SCC should state the manner in which they will be used, and under whose authority (usually
the Procuring Entity’s Representative’s).

35
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by other contractors should be indicated in the relevant part of the Bill of Quantities as a
particular provisional sum with an appropriate brief description. A separate procurement
procedure is normally carried out by the Procuring Entity to select such specialized
contractors. To provide an element of competition among the Bidders in respect of any
facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional
sum should be followed by an item in the Bill of Quantities inviting the Bidder to quote a
sum for such amenities, facilities, attendance, etc.

Signature Box

A signature box shall be added at the bottom of each page of the Bill of Quantities where the
authorized representative of the Bidder shall affix his signature. Failure of the authorized
representative to sign each and every page of the Bill of Quantities shall be a cause for
rejection of his bid.

These Notes for Preparing a Bill of Quantities are intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They should not be included
in the final documents.

36
Section IX. Checklist of Technical and Financial
Documents

Notes on the Checklist of Technical and Financial Documents

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

a. GPPB Resolution No. 09-2020 on the efficient procurement measures during a State
of Calamity or other similar issuances that shall allow the use of alternate documents
in lieu of the mandated requirements; or

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

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

37
 Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

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

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

38
 ⬜ (k) Original duly signed Omnibus Sworn Statement (OSS);
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.

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

Class “B” Documents

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

II. FINANCIAL COMPONENT ENVELOPE

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

Other documentary requirements under RA No. 9184

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

39
 Bid Form for the Procurement of Infrastructure Projects
[shall be submitted with the Bid]
_________________________________________________________________________

BID FORM
Date : _________________

Project Identification No. : _________________

To: [name and address of Procuring Entity]

Having examined the Philippine Bidding Documents (PBDs) including the

Supplemental or Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly
acknowledged, we, the undersigned, declare that:

a. We have no reservation to the PBDs, including the Supplemental or Bid Bulletins,

for the Procurement Project: [insert name of contract];

b. We offer to execute the Works for this Contract in accordance with the PBDs;

c. The total price of our Bid in words and figures, excluding any discounts offered
below is: [insert information];

d. The discounts offered and the methodology for their application are: [insert
information];

e. The total bid price includes the cost of all taxes, such as, but not limited to: [specify
the applicable taxes, e.g. (i) value added tax (VAT), (ii) income tax, (iii) local taxes,
and (iv) other fiscal levies and duties], which are itemized herein and reflected in
the detailed estimates,

f. Our Bid shall be valid within the a period stated in the PBDs, and it shall remain
binding upon us at any time before the expiration of that period;

g. If our Bid is accepted, we commit to obtain a Performance Security in the amount

of [insert percentage amount] percent of the Contract Price for the due
performance of the Contract, or a Performance Securing Declaration in lieu of the
the allowable forms of Performance Security, subject to the terms and conditions of
issued GPPB guidelines2 for this purpose;

h. We are not participating, as Bidders, in more than one Bid in this bidding process,
other than alternative offers in accordance with the Bidding Documents;
i. We understand that this Bid, together with your written acceptance thereof included

2
currently based on GPPB Resolution No. 09-2020

40
 in your notification of award, shall constitute a binding contract between us, until a
formal Contract is prepared and executed; and

j. We understand that you are not bound to accept the Lowest Calculated Bid or any
other Bid that you may receive.

k. We likewise certify/confirm that the undersigned, 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 for the [Name of Project] of the [Name of the Procuring
Entity].

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

Name: ___________________________________________________________________

Legal Capacity: ____________________________________________________________

Signature: ________________________________________________________________

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

Date: ___________________

41
 Bid Securing Declaration Form
[shall be submitted with the Bid if bidder opts to provide this form of bid security]
_________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

BID SECURING DECLARATION

Project Identification No.: [Insert number]

To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid Securing Declaration.
2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of two (2) years upon receipt
of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section
6 of the Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from
receipt of the written demand by the procuring entity for the commission of acts resulting
to the enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and
69.1, except 69.1(f),of the IRR of RA No. 9184; without prejudice to other legal action the
government may undertake.
3. I/We understand that this Bid Securing Declaration shall cease to be valid on the following
circumstances:
a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid, and I/we
have furnished the performance security and signed the Contract.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER OR ITS AUTHORIZED

REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

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

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43