GPPB Resolution No. 18 (2026)

GPPB Resolution No. 18-2026 dated 14 August 2026 Page 1 of 4 RESOLUTION NO. 18-2026

APPROVING THE REQUEST OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS TO USE CUSTOMIZED BIDDING DOCUMENTS FOR THE CY 2026 BASIC EDUCATION FACILITIES FUND – NEW CONSTRUCTION OF VARIOUS CLASSROOMS IN REGIONS AND CLUSTERS

WHEREAS, Republic Act (RA) No. 12009, otherwise known as the “New Government Procurement Act” (the “Act” or the “NGPA”), took effect on 13 August 2024, while its Implementing Rules and Regulations (IRR) took effect on 25 February 2025;

WHEREAS, Section 91 of RA No. 12009 mandates that the Government Procurement Policy Board (GPPB) shall be the central body that sets strategic direction and makes policy decisions regarding all matters affecting public procurement, having due regard to the country’s regional and international obligations, and is tasked to lead the nation’s efforts in advancing public procurement reforms in accordance with the Act;

WHEREAS, Section 91.1 (c) of the IRR of RA No. 12009 further authorizes the GPPB to formulate and amend, whenever necessary, the IRR of the Act, associated issuances and government procurement manuals, Philippine Bidding Documents (PBDs) and standard forms for procurement, and issue policy papers to ensure that the procurement process is streamlined and responsive to the needs of the government;

WHEREAS, Section 6 of RA No. 12009 provides that the GPPB shall pursue the development of generic procurement manuals and standard bidding forms, the use of which, once issued, shall be mandatory upon all Procuring Entities (PEs). However, whenever necessary, to suit the particular needs of the PE, modifications may be made particularly for major and specialized procurement, subject to the approval of the GPPB;

WHEREAS, the GPPB, through Resolution No. 03-2025,1 approved the new Standard Procurement Forms, which include the PBDs;

WHEREAS, the Department of Public Works and Highways (DPWH), in its letter dated 03 June 2026, requested the approval of the use of customized Bidding Documents (CBD) for the project CY 2026 Basic Education Facilities Fund - New Construction of Various Classrooms in Regions and Clusters, which incorporates the design-and-build provisions from Annex “G” of the 2016 revised IRR of RA No. 9184;

WHEREAS, according to the DPWH, the use of the Design-and-Build Scheme for the said project is recommended, as it falls under Section 5.1(a) of Annex "G" of the 2016 revised IRR of RA No. 9184, which allows the use of the Design-and-Build Scheme for flagship, priority, and fast-track projects requiring completion within a tight schedule;

WHEREAS, item 5.2.1 of GPPB Circular No. 01-20252 provides that PEs shall continue to use the guidelines and forms issued under RA No. 9184 and its 2016 revised IRR until the necessary guidelines, forms, and requirements under the relevant provisions of RA No. 12009

1 Dated 14 May 2025, entitled “Approving the Standard Forms for Procurement in accordance with Republic Act No. 12009 and its Implementing Rules and Regulations.” 2 Dated 18 September 2025 on the Policy Guidance on Section 113 (Transitory Provision) in Relation to Section 115 (Repealing Clause) of Republic Act No. 12009 and its Implementing Rules and Regulations.

GPPB Resolution No. 18-2026 dated 14 August 2026 Page 2 of 4 and its IRR have been issued by the GPPB, and that PEs may revise said forms to conform to the relevant provisions of RA No. 12009 and its IRR;

WHEREAS, the Guidelines for the Procurement and Implementation of Contracts for Design-and-Build Infrastructure Projects under RA No. 12009 and its IRR have yet to be issued, thus, Annex “G”3 of the 2016 revised IRR of RA No. 9184 remains effective until the updated guidelines have been issued;

WHEREAS, during the 6th IATWG Meeting on 29 July 2026, the IATWG raised the following issues on the proposed CBD for clarification with the DPWH, on the following: (a) Instructions to Bidders (ITB) Clause 8.1 on Subcontracting, as the proposed CBD provision merely limited subcontracting to components not deemed "significant or material" to the project, without specifying the actual portion/s of the contract that may be subcontracted, as required under ITB Clause 8.1; and (b) ITB Clause 12.1(b) on PCAB License and Registration, as the proposed CBD provision prescribed a minimum PCAB License Category of "AAAA" under the Large B size range, which the IATWG noted may unduly narrow the pool of eligible contractors;

WHEREAS, the DPWH, in response to the foregoing, proposed to: (a) change ITB Clause 8.1 to allow subcontracting of any portion of the contract, subject to the Procuring Entity's prior approval and to the fifty percent (50%) ceiling on the total subcontracted portion; and (b) revise ITB Clause 12.1(b) by reverting to the original NGPA PBD provision, which does not prescribe a specific PCAB License Category and Size Range;

WHEREAS, to facilitate the review of the proposed CBD, particularly on the issues raised by the IATWG, a meeting between the GPPB-TSO and the DPWH was held on 11 August 2026, wherein the DPWH agreed to enumerate the specific portions of the contract that may be subcontracted pursuant to ITB Clause 8.1, and to remove the proposed "AAAA" PCAB License Category requirement in favor of reverting to the original provision in the Bidding Documents;

WHEREAS, in the same meeting, the GPPB-TSO raised with the DPWH the proposed ITB provision stating that, "the Bidder shall also include, in its lump sum Bid Price, all duties, taxes, and other levies payable by the Contractor under the Contract, as well as provisions for increases in construction prices until the completion of Construction," noting that the removal of the phrase "as well as provisions for increases in construction prices until the completion of Construction" (the “price escalation phrase”) had already been agreed upon by DPWH in other similar requests for approval of CBDs, for the avoidance of doubt as to whether the same would effectively authorize price escalation on contract prices under Section 89 of RA No. 12009 and its IRR. The DPWH agreed to likewise remove the price escalation phrase;

WHEREAS, during the 5th GPPB Meeting on 14 August 2026, the GPPB, after thorough deliberation and inputs from members of the Board, agreed to approve the DPWH’s request for use of CBD for the CY 2026 Basic Education Facilities Fund - New Construction of Various Classrooms in various Regions and Clusters nationwide;

NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt, and approve, as WE hereby confirm, adopt, and approve the following:

3 Or the “Guidelines for the Procurement and Implementation of Contracts for Design and Build Infrastructure Projects.”

GPPB Resolution No. 18-2026 dated 14 August 2026 Page 3 of 4 1. APPROVE the DPWH’s request for use of CBD for the CY 2026 Basic Education Facilities Fund - New Construction of Various Classrooms in various Regions and Clusters nationwide, with revisions, a copy of which is attached as Annex “A” hereof;

2. DIRECT the DPWH to submit to the GPPB a Certification prior to posting of the CBD:

a. Indicating that the provisions in the proposed CBD for the CY 2026 Basic Education Facilities Fund - New Construction of Various Classrooms in Regions and Clusters are consistent with the provisions of RA No. 12009, its IRR, and other applicable laws, rules and regulations;

b. Confirming that such CBD shall not be used for projects other than the CY 2026 Basic Education Facilities Fund - New Construction of Various Classrooms in Regions and Clusters; and

3. CLARIFY that the GPPB’s approval of the DPWH’s use of CBD does not, in any way, serve as confirmation, approval, or endorsement of the veracity of any information provided to the GPPB, including the validity of the source of funding.

This Resolution shall take effect immediately.

APPROVED this 14th day of August 2026 at Quezon City, Philippines.

GPPB Resolution No. 18-2026 dated 14 August 2026 Page 4 of 4

____________________________________ GPPB, Chairperson DEPARTMENT OF BUDGET AND MANAGEMENT

________________________________ DEPARTMENT OF ECONOMY, PLANNING AND DEVELOPMENT

____________________________________ DEPARTMENT OF EDUCATION

____________________________________ DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

____________________________________ DEPARTMENT OF NATIONAL DEFENSE

____________________________________ DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

____________________________________ DEPARTMENT OF TRANSPORTATION

____________________________________ PROCUREMENT SERVICE – DBM ____________________________________ PRIVATE SECTOR REPRESENTATIVE

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PHILIPPINE BIDDING DOCUMENTS

Government of the Republic of the Philippines

Procurement of INFRASTRUCTURE PROJECTS

First Edition May 2025 Annex "A"

2 Preface These Philippine Bidding Documents (PBD) for the procurement of Infrastructure Projects (hereinafter referred to also as the “Works”) through [Competitive Bidding, Limited Source Bidding, or Competitive Dialogue1] have been prepared by the Government of the Philippines (GoP) for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the Government, including government-owned and/or -controlled corporations (GOCC), government financial institutions (GFI), state universities and colleges (SUC), local government units (LGU), and autonomous regional government. The procedures and practices presented in this document have been developed through broad experience, and are for mandatory2 use in projects that are financed in whole or in part by the GoP or any foreign government/foreign or international financing institution in accordance with the provisions of the Implementing Rules and Regulations (IRR) of Republic Act No. 12009 (RA No. 12009).

This PBD is intended as a model for admeasurements (unit prices or unit rates in a bill of quantities) types of contract, which are the most common in Works contracting.

The Bidding Documents shall clearly and adequately define, among others: (a) the objectives, scope, and expected outputs and/or results of the proposed contract; (b) the eligibility requirements of Bidders; (c) the expected contract duration; and (d) the obligations, duties, and/or functions of the winning bidder.

In order to simplify the preparation of the Bidding Documents for each procurement, the PBD groups the provisions that are intended to be used unchanged in Section II. Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data and provisions specific to each procurement and contract should be included in Section III. Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC); Section VI. Specifications; Section VII. Drawings; and Section VIII. Bill of Quantities. The forms to be used are provided in Section IX. Philippine Bidding Documents Related Forms.

Prudence must be exercised to check the relevance of the provisions of the PBD against the requirements of the specific Works to be procured. In addition, each Section is prepared with notes intended only as information for the Procuring Entity or the person drafting the Bidding Documents. They shall not be included in the final documents, except for the notes introducing Section IX. Philippine Bidding Documents Related Forms, where the information is useful for the Bidder. The following general directions should be observed when using the documents:

a) All the documents listed in the Table of Contents are normally required for the procurement of Infrastructure Projects. However, they should be adapted as necessary to the circumstances of the particular Project.

b) Specific details, such as the “name of the Procuring Entity” and “address for proposal submission,” should be furnished in the BDS and SCC. The final documents should contain neither blank spaces nor options.

1 For Second Stage of Competitive Dialogue under Section 29.4.2 of IRR of RA No. 12009. 2 Unless the Treaty or International or Executive Agreement expressly provides use of foreign government/foreign or international financing institution procurement guidelines.

3 c) This Preface and the footnotes, or notes in italics included in the Invitation to Bid, BDS, SCC, Specifications, Drawings, and Bill of Quantities are not part of the text of the final document, although they contain instructions that the Procuring Entity should strictly follow. The Bidding Documents should not contain footnotes except Section IX. Philippine Bidding Documents Related Forms since these provide important guidance to Bidders.

d) The cover page should be modified as required to identify the Bidding Documents and date of issue.

e) The Project title page should be modified as required to identify the Project title and number, name and address of the Procuring Entity.

f) If modifications must be made to the bidding requirements, they can be presented in the BDS. Modifications for specific Project or Contract details should be provided in the SCC as amendments to the Conditions of Contract. For easy completion, whenever reference has to be made to specific clauses in the BDS or SCC, these terms shall be printed in bold type face on

Section II. Instructions to Bidders, and Section IV. General Conditions of Contract, respectively. To facilitate easy reference and completion, clauses from the BDS and SCC shall appear in bold type face in Sections II and IV, respectively.

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

a dg DPWH Central Office. e, Port Area, Manila BAGONG PILIPINAS

Procurement of INFRASTRUCTURE PROJECTS

CY 2026 BASIC EDUCATION FACILITIES FUND - NEW CONSTRUCTION OF VARIOUS CLASSROOMS IN REGION _ - CLUSTER __

(Design and Build)

5 TABLE OF CONTENTS Glossary of Acronyms, Terms, and Abbreviations 6 Definition of Terms 8

Section I. Invitation to Bid 11

Section II. Instructions to Bidders 14 A. General 17 B. Contents of Bidding Documents 24 C. Preparation of Bids 25 D. Submission and Opening of Bids 33 E. Evaluation and Comparison of Bids 35 F. Award of Contract 40

Section III. Bid Data Sheet 43

Section IV. General Conditions of Contract 51

Section V. Special Conditions of Contract 81

Section VI. Specifications 86

Section VII. Drawings 88

Section VIII. Bill of Quantities 89

Section IX. Philippine Bidding Documents Related Forms 91

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Glossary of Acronyms, Terms, and Abbreviations ABC – Approved Budget for the Contract. ADR – Alternative Dispute Resolution. ARCC – Allowable Range of Contract Cost. BAC – Bids and Awards Committee. BIR – Bureau of Internal Revenue. BSP – Bangko Sentral ng Pilipinas. CDA – Cooperative Development Authority. COS – Contract of Service. CPI – Consumer Price Index. DOLE – Department of Labor and Employment. DTI – Department of Trade and Industry. GCC - General Conditions of Contract. GFI – Government Financial Institution. GOCC – Government-Owned and/or –Controlled Corporation. GoP – Government of the Philippines. GPPB – Government Procurement Policy Board. HoPE – Head of Procuring Entity. JO – Job Order. IRR – Implementing Rules and Regulations. ITB – Instructions to Bidders. LCB- Lowest Calculated Bid. LCRB – Lowest Calculated Responsive Bid. LGUs – Local Government Units. LoC – Line of Credit MAB – Most Advantageous Bid. MARB – Most Advantageous Responsive Bid.

7 MEARB – Most Economically Advantageous Responsive Bid. MYCA – Multi-Year Contracting Authority. NFCC – Net Financial Contracting Capacity. NGA – National Government Agency. PCAB – Philippine Contractors Accreditation Board. PhilGEPS - Philippine Government Electronic Procurement System. PSA – Philippine Statistics Authority. RA No. – Republic Act Number. SARB – Single Advantageous and Responsive Bid. SCC - Special Conditions of Contract. SCRB – Single Calculated and Responsive Bid. SEARB – Single Economically Advantageous Responsive Bid. SEC – Securities and Exchange Commission. SLCC – Single Largest Completed Contract. SRRB – Single Rated and Responsive Bid. UN – United Nations.

8 Definition of Terms Bid – a signed offer, proposal, or quotation submitted by a supplier, manufacturer, distributor, contractor, consultant, or service provider in response to the requirements of the Procuring Entity as stated in the Bidding Documents. (IRR of RA No. 12009, Section 5[c]). Bidder – a supplier, manufacturer, distributor, contractor, consultant, and service provider, whether public or private, who submits a Bid in response to the requirements of the Procuring Entity as stated in the Bidding Documents. (IRR of RA No. 12009, Section 5[d]). Bidding Documents – the documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary to prospective bidder to prepare a Bid for the Goods, Infrastructure Projects, and Consulting Services required by the Procuring Entity. (IRR of RA No. 12009, Section 5[e]) Bill of Quantities – a list of the specific items of the Work and their corresponding unit prices, lump sums, and/or provisional sums. Consulting Services – services for Infrastructure Projects and other types of projects or activities of the government requiring adequate external technical and professional expertise that are beyond the capability or capacity of the government 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. (IRR of RA No. 12009, Section 5[i]). Contract – the agreement entered into between the Procuring Entity and the Contractor to execute, complete, and maintain the Works and as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

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

Contract Time Extension (CTE) – the allowable period for the Contractor to complete the Works in addition to the original Completion Date stated in this Contract. Contractor – 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. Days – refers to calendar days; months to calendar months.

Dayworks – varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.

Defect – any part of the Works not completed in accordance with the Contract.

Defects Liability Certificate – the certificate issued by the Procuring Entity upon correction of defects by the Contractor.

Defects Liability Period – the one (1) year period between contract completion and final acceptance within which the Contractor assumes the responsibility to undertake the repair of any damage to the Works at its own expense.

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

Effective Date of the Contract – the date indicated in the contract. However, the Contractor shall commence performance of its obligations only upon receipt of the Notice to Proceed. Foreign-funded Procurement or Foreign-Assisted Project – refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Government of the Philippines which are wholly or partly funded by foreign loans or grants pursuant to a Treaty or International or Executive Agreement. Funding Source – Organization named in the SCC. Goods – refer to (i) all items, supplies, and materials, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity; or (ii) general support services which pertain to all types of services except Consulting Services and Infrastructure Projects, such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services. Personnel Services or individual COS or JO engagements do not fall under this definition; (IRR of RA No. 12009, Section 5[n]). 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;” (IRR of RA No. 12009, Section 5[r]). Lot – refers to one or more infrastructure projects that are grouped or bundled together based on factors, such as scope, location, or other relevant parameters, as determined by the End- User or Implementing Unit of the Procuring Entity. Each lot is distinct within the project and may be awarded as a separate contract. MARB – refers to the award criteria in the procurement of Infrastructure where the considerations for the award of contract are the eligibility of the bidder, the responsiveness of its bid to the technical requirements, and the most advantageous bid in reference to the highest rated offer based on the quality component of the bid. Materials – refer to all supplies, including consumables, used by the Contractor for incorporation in the Works. MEARB – refers to the award criteria in the procurement of Infrastructure where the considerations for the award of contract are the eligibility of the bidder, the responsiveness of its bid to the technical requirements, and the determination of the most economically advantageous bid in reference to the quality-price ratio allocated to the technical and financial components of the bid. Notice to Proceed – refers to a written notice issued by the Procuring Entity to the Contractor requiring the latter to begin the commencement of the work not later than a specified or determinable date.

10 Online submission – pertains to the submission of the bid for Infrastructure Projects and the bid envelopes containing the technical and financial components of the bid through electronic means or through the electronic bidding facility of the PhilGEPS, once available. Permanent Works – refer to all permanent structures and all other project features and facilities required to be constructed and completed in accordance with this Contract which shall be delivered to the Procuring Entity, and which shall remain at the Site after the removal of all Temporary Works. Plant – refers to the machinery, apparatus, and the like intended to form an integral part of the Permanent Works. Procuring Entity - the organization acquiring the Infrastructure Project, as named in the SCC. Project – refers to a specific or identified procurement covering Goods, Infrastructure Projects 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. Program of Work – refers to the big-picture plan and comprehensive schedule that details construction-related tasks to ensure the timely and efficient delivery of the project. Site Investigation Reports – refers to those that were included in the Bidding Documents and are factual and interpretative reports about the surface and subsurface conditions at the Site. Slippage – refers to a delay in work execution occurring when actual accomplishment falls below the target as measured by the difference between the scheduled and actual accomplishment of the Work by the Contractor as established from the work schedule. This is actually described as a percentage of the whole Works. Simple Infrastructure Projects – refers to construction, improvement, rehabilitation, demolition, repair, restoration, or maintenance of structures, technical facilities and systems with an Approved Budget for the Contract (ABC) not exceeding Ten Million Pesos (PhP 10,000,000.00) built at the community level for the sustenance of lives and livelihoods of the population living in a community and built according to the needs and aspirations of the community population. Verified Report – the report submitted by the Implementing Unit to the HoPE setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate.

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Section I. Invitation to Bid Notes on the Invitation to Bid

The Invitation to Bid provides information that enables potential Bidders to decide whether to participate in the procurement at hand. The Invitation to Bid shall be:

a) In line with the principles of transparency and competitiveness and to ensure the widest possible dissemination thereof, all invitations to bid shall be published continuously by the Procuring Entity, for seven (7) calendar days on the Philippine Government Electronic Procurement System (PhilGEPS) website, in any conspicuous place reserved for this purpose in the premises of the Procuring Entity, and on the website or social media platforms of the Procuring Entity, if available, or such other channels as may be authorized by the Government Procurement Policy Board (GPPB), and the website prescribed by the foreign government/foreign or international financing institution, if applicable; and b) For justifiable reasons, Procuring Entities that cannot publish procurement opportunities on its website, social media platform, or such other channels authorized by the GPPB shall publish its invitation to bid, at least once, in a newspaper of general nationwide circulation.

Apart from the essential items listed in the Bidding Documents, the Invitation to Bid should also indicate the following:

a) The availability of the Bidding Documents, which shall be commence from the time the Invitation to Bid is first published until the deadline for submission and continue until the deadline for 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;

d) The procurement strategy/ies; and e) The bid award criterion/criteria. (e.g., the application of a margin of preference in bid evaluation)

The Invitation to Bid should be incorporated into the Bidding Documents. The information contained in the Invitation to Bid must conform to the Bidding Documents, particularly to the relevant information in the BDS.

Invitation to Bid

1) The [DPWH Regional Office] through the [insert source of funding and year] intends to apply the sum of [insert the approved budget for the contract corresponding to each lot, and the name/identification/number of contract for each lot] 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 [DPWH Regional Office] now invites bids for [insert brief description of Works to be procured].3 Completion of the Works is required [insert the required completion date or expected contract duration]. Bidders should have completed, within [insert relevant period] from the date of submission and receipt of bids, 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 (ITB).

3) Bidding will be conducted through competitive bidding procedures using a non-discretionary “pass/fail” criterion as specified in the IRR, otherwise known as the “New Government Procurement Act (NGPA)”. Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines.

4) Interested bidders may obtain further information from [DPWH Regional Office] and inspect the Bidding Documents at the address given below from [insert office hours] to [insert office hours].

5) A complete set of Bidding Documents may be acquired by interested bidders on [insert date of availability of Bidding Documents] from the address below {Insert if necessary: and upon payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of [insert amount in Peso].} 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 [DPWH Regional Office] will hold a Pre-Bid Conference on [insert time and date] at [insert address for Pre-Bid Conference, if applicable] and/or through video conferencing via [insert website, application or technology to be used], which shall be open to prospective bidders.

7) Bids must be duly received by the Bids and Awards Committee (BAC) Secretariat through [specify the manner of bid submission and receipt: (i) manual submission at the address indicated below or (ii) online or electronic submission through the

3 A brief description of the scope of Works should be provided, including quantities, location of project, and other information necessary to enable potential bidders to decide whether or not to respond to the invitation.

electronic bidding facility of the PhilGEPS, as indicated below] on or before [insert date and time]. Late bids shall not be accepted.

8) All Bids must be accompanied by a Bid Security in any of the acceptable forms and in the amount stated in ITB Clause 16.

9) Bid opening shall be on [insert time and date] at [insert address for bid opening, if applicable] and/or via [insert website, application, or technology used]. Bids will be opened in the presence of the Bidders’ representatives who choose to attend the activity.

10) [Insert such other necessary information deemed relevant by the Procuring Entity] 11) The [DPWH Regional Office] reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract at any time prior to contract award in accordance with Section 70 of R.A. No. 12009, without thereby incurring any liability to the affected bidder or bidders.

12) For further information, please refer to: [Insert name of officer] [Insert name of office] [Insert postal address] and/or [Insert street address] [Insert telephone number, indicate city code] [Insert contact’s email address] [Insert website address, if applicable]

13) You may visit the following websites: For downloading of Bidding Documents: [indicate websites] For online or electronic bid submission: [PhilGEPS website] [Date of Issue]

[Insert Name and Signature of the BAC Chairperson or the Authorized Representative of the BAC Chairperson]

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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, post-qualification and award of contract. This Section contains provisions that shall not be changed or modified. Any amendment shall be reflected in Section III. Bid Data Sheet which 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 performance of the Contractor, payments under the contract, or those 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 other sections of the document prepared by the Procuring Entity, prudence must be exercised to avoid contradictions between clauses dealing with the same matter.

15 TABLE OF CONTENTS

A. GENERAL 17 1. Scope of Bid 17 2. Source of Funds 17 3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices 17 4. Conflict of Interest 18 5. Eligible Bidders 20 6. Bidder’s Responsibilities 21 7. Origin of Goods and Services 24 8. Subcontracts 24

B. CONTENTS OF BIDDING DOCUMENTS 24 9. Pre-Bid Conference 24 10. Clarification and Amendment of Bidding Documents 25

C. PREPARATION OF BIDS

25 11. Language of Bids 25 12. Documents Comprising the Bid: Technical and Financial Components 26 13. Bid Prices 27 14. Bid Currencies 28 15. Bid Validity 28 16. Bid Security 28 17. Format and Signing of Bids 32 18. Sealing and Marking of Bids 32

D. SUBMISSION AND OPENING OF BIDS

33 19. Deadline for Submission of Bids 33 20. Late Bids 33 21. Modification and Withdrawal of Bids 33 22. Opening and Preliminary Examination of Bids 34

E. EVALUATION AND COMPARISON OF BIDS 35 23. Process to be Confidential 35 24. Clarification of Bids 35 25. Detailed Evaluation and Comparison of Bids 35 26. Post-Qualification 38 27. Reservation Clause 39

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F. AWARD OF CONTRACT 40 28. Contract Award 40 29. Signing of the Contract 41 30. Performance Security 41 31. Notice to Proceed 42 32. Protest Mechanism 42

17 A. General 1) Scope of Bid 1.1 The Procuring Entity named in the BDS, invites Bids for the [insert Procurement Project], with Project Identification Number [indicate number]. The Procurement Project (referred to herein as “Project”) is for the construction of Works, as described in Section VI (Specifications). 1.2 The winning Bidder will be expected to complete the Works by the intended completion date specified in SCC Clause 1.1.

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 this Project to cover eligible payments under the contract.

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 Procuring Entity:

a) defines, for purposes of this provision, the following terms under existing laws, rules, and regulations:

i) "corrupt practice" means an act by which officials in the public or private sectors 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 government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA No. 3019. ii) "fraudulent practice" means a misrepresentation of facts for purposes of influencing a procurement process or the execution of a contract to the detriment of the Procuring Entity, which 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. iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their

18 participation in a procurement process, or affect the execution of a contract;

v) “obstructive practice” is a) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution relative to allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent the latter from disclosing its knowledge of matters relevant to the administrative proceedings or from pursuing such proceedings or investigation; or b) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.

b) Undertakes to reject a proposal for award upon prima facie determination that the Bidder recommended for award has engaged in any of the prohibited practices mentioned in this Clause for purposes of competing for the contract. 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 4. 3.3 Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a Bidder or Contractor in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 36.

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 (f) below:

a) A Bidder has controlling shareholders or beneficial owners 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 legally authorized representative as that of another Bidder for purposes of this Bid;

19 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. This may include a firm or an organization that lends, or temporarily seconds, its personnel to firms or organizations that are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;

e) A bidder 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 f) 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 All Bidding Documents shall be accompanied by an Omnibus Sworn Statement of the Bidder that it is not related, by consanguinity or affinity up to the third civil degree, to the HoPE, Procurement Agent (if engaged), the head of the Project Management Office (PMO), the End-User or Implementing Unit or any members of the Bids and Awards Committee (BAC), Technical Working Group (TWG), and BAC Secretariat.4 4.3 The Bidder shall also disclose the ultimate beneficial ownership of the entity it represents. Failure to comply shall be a ground for the automatic disqualification of the bid in consonance with Section 59 of the IRR. For this reason, relationship to the aforementioned persons within the third civil degree of consanguinity or affinity shall automatically disqualify the Bidder from participating in the procurement of contracts of the Procuring Entity notwithstanding the act of such persons inhibiting themselves from the procurement process. This Clause shall apply to the following persons and affiliates:

a) In the case of individuals or sole proprietorships, to the Bidders and their spouses;

b) In the case of partnerships, to the partnership itself and its partners;

c) In the case of cooperatives, to the cooperative itself and members of the board of directors, general manager or chief executive officer;

d) In the case of a partnership, joint venture, or consortium, to the entity itself, its members or partners, as well as any person or entity that is a member of a blacklisted partnership, joint venture, or consortium; and e) In the case of corporations, a single stockholder, together with their relatives up to the third civil degree of consanguinity or affinity, and their assignees, holding at least twenty percent (20%) of the shares therein, its chairperson and president, shall be blacklisted after they have been determined to hold the same controlling interest in a previously

4 Section 81.1 of the IRR.

20 blacklisted corporation or in two corporations that have been blacklisted; the corporations of which they are part shall also be blacklisted.

5) Eligible Bidders 5.1 Only Bids found to be legally, technically, and financially eligible will be evaluated. For procurement of Infrastructure Projects, the following persons shall be eligible to participate in this bidding:

a) Duly licensed Filipino citizens or sole proprietorships;

b) Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines;

c) Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;

d) Cooperatives duly organized under the laws of the Philippines; and e) Persons or entities forming themselves into a Joint Venture (JV), i.e., a group of two (2) or more persons or entities that intend to be jointly and severally responsible or liable for a particular contract; Provided, however, that in accordance with relevant laws, rules, and regulations, Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%); Provided, further, that joint ventures in which Filipino ownership or interest is less than sixty percent (60%) may be eligible where the structures to be built require the application of techniques or technologies which are not adequately possessed by a person or entity meeting the sixty percent (60%) Filipino ownership requirement; Provided, furthermore, 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 member of the joint venture as specified in their Joint Venture Agreement (JVA); Provided, finally, that the primary purpose of each member of the joint venture must be similar or related to the requirement of the project to be bid out. 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 In accordance with RA No. 4566 or the “Contractors' License Law” as amended by RA No. 11711 or “An Act Further Amending Republic Act No. 4566”, the persons or entities enumerated in Section 52 of the IRR may participate in the procurement of Infrastructure Projects if it has been issued a license by the Philippine Contractors Accreditation Board (PCAB) to engage or act as a contractor. 5.4 The bidder’s design professionals, if Filipino, must possess valid PRC Professional Identification (ID) Licenses applicable to the type and cost of the Design and Build contract to be procured. Otherwise, if the bidder’s design professionals are non-Filipino, they must possess an equivalent professional identification licenses from their Country.

21 The Design and Build bidder-contractor, as solo or in a joint venture (JV), shall comply with the experience requirement under the ITB 5.5, where one of the parties in a joint venture/consortium must have satisfactorily completed the design and construction of a project costing at least 50% of the ABC of the Design and Build project to be procured. If the bidder has no experience in Design and Build projects on its own, it may enter into sub-contracting, partnerships, or joint venture with design or engineering firms for the design portion of the contract. The design or engineering firm must, however, have satisfactorily completed the design of a similar project with an amount of at least 50% of the Design component of the ABC to be procured. When the design services in which the JV wishes to engage involve the practice of professions regulated by law, all those who will actually perform the services must be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions. Where foreign designers are required, the foreign designer must be authorized by the appropriate Philippine Government professional regulatory body to engage in the practice of those professions and allied professions. In accordance with DPWH D.O. 195, series of 1992, pursuant to the provisions of RA 544, the procurement and employment of corporations as consultants for the practice of civil engineering under locally-funded projects is not allowed. 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. Joint ventures/consortia among Filipino contractors and consultants or among Filipino contractors and foreign consultants shall be allowed subject to pertinent laws and the relevant provisions of the IRR of R.A. 9184. The joint venture/consortia shall be jointly and severally responsible for the obligations and the civil liabilities arising from the design and build contract: Provided, however, That Filipino ownership or interest thereof shall be at least sixty percent (60%): Provided further, That joint ventures/consortia in which Filipino ownership or interest is less than sixty percent (60%) may be eligible where the structures to be built require the application of techniques and/or technologies which are not adequately possessed by Filipinos and that Filipino ownership or interest shall not be less than forty percent (40%): Provided, finally, that when the design services in which the joint venture wishes to engage involve the practice of professions regulated by law, all those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions and where foreign designers are required, the foreign designer must be authorized by the appropriate Philippine Government professional regulatory body to engage in the practice of those professions and allied professions. 5.5 The Bidder must have completed an SLCC that is similar to the procurement project to be bid, and whose value must be equivalent to at least fifty percent (50%) of the ABC, adjusted to current prices using the Philippine Statistics Authority (PSA) consumer price indices; Provided, that any change to the fifty percent (50%) requirement may be allowed, subject to the recommendation of the Procuring Entity, which shall be submitted to the GPPB for consideration; Provided, further, that contractors under Small A and Small B categories

22 without similar experience on the procurement project to be bid may be allowed to bid if the cost of such contract is not more than the Allowable Range of Contract Cost of their registration based on the guidelines as prescribed by the PCAB. For foreign-funded procurement, the GoP and the foreign government, or foreign or international financing institution may agree on another track record requirement, as specified in the BDS. Moreover, a contract shall be considered similar to the procurement project if it has the same major categories of work. The Procuring Entity may clarify in the Bidding Documents what is regarded as major categories of work, guided by the principle of proportionality and Fit-for-Purpose approach. 5.6 The SLCC shall be supported by an Owner’s Certificate of Final Acceptance issued by the project owner other than the Contractor, or a final rating of at least Satisfactory in the Constructors Performance Evaluation System (CPES), or a similar performance and monitoring system. In the case of contracts with the private sector, an equivalent document shall be submitted. 5.7 The computation of a bidder’s NFCC 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 procurement project to be bid; Provided, That a different formula may be adopted subject to the recommendation of the Procuring Entity, which shall be submitted to the GPPB for consideration. The value of the domestic bidder’s current assets and current liabilities shall be based on the latest 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 latest AFS 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. Philippine Bidding Documents Related Forms as required in ITB Clause 12.1(h)(iv). 6.2 Before submitting their bids, the Bidders are deemed to be knowledgeable of all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way. 6.3 The Bidder undertook the following responsibilities:

a) Took steps to carefully examine and ensure full understanding and comprehension of the Bidding Document, its requirements, clauses, and provisions;

b) Acknowledged all conditions, local or otherwise, affecting the implementation of the contract;

23 c) Made an estimate of the facilities available and needed for the contract to be bid, if any;

d) Complied with its responsibility to inquire or secure Supplemental Bid Bulletin(s);

e) Ensured that it is not “blacklisted” or barred from bidding by the Government of the Philippines (GoP) or any of its agencies, offices, corporations, or LGUs, including foreign government, or foreign/ international financing institutions whose blacklisting rules have been recognized by the GPPB; by itself or by reason of its relation, membership, association, affiliation, or controlling interest with another blacklisted person or entity;

f) Ensured that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and that all statements and information provided therein are true and correct;

g) Authorized the HoPE or its duly authorized representative/s to verify all the documents submitted;

h) Ensured 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, to sign, and execute the ensuing contract, accompanied by the duly notarized Special Power of Attorney, Board or Partnership Resolution, or Secretary’s Certificate, whichever is applicable;

i) Complied with the disclosure provision under Section 81 and 82 of RA No. 12009 and its IRR in relation to other provisions of RA No. 3019;

j) Complied with existing labor laws and standards. Moreover, the 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 (CBA) or arbitration award, if and when applicable. In case there is a finding by the Procuring Entity or the Department of Labor and Employment (DOLE) of underpayment or non-payment of workers’ wages and wage-related benefits, the 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 RA No. 12009, 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 (OSHS) and correct deficiencies, if any. In case of imminent danger, injury or death of the worker, the Bidder undertakes to suspend contract implementation pending

24 clearance to resume from the DOLE Regional Office, in compliance with the 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 CBA or arbitration award, if and when applicable, through posting in two (2) conspicuous places in the establishment’s premises.

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

l) Examined all instructions, forms, terms, and specifications in the Bidding Documents;

m) Determined and complied with all matters pertaining to the contract to be bid, including but not limited to: (i) the location and the nature of the contract, project, or work; (ii) climatic conditions; (iii) transportation facilities; (iv) 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 (v) other factors that may affect the cost, duration and execution or implementation of the contract, project, or work; and n) Ensured that all information in the Bidding Documents, including bid or supplemental bid bulletin(s) issued, are correct and consistent. 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. Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned; 6.4 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. 6.5 Further, the Bidder shall bear all costs associated with the preparation and submission of its bid, and the Procuring Entity shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. In case of failure of bidding, the Bidding Documents fee may be applied in the re-bidding for the same Project. 6.6 Furthermore, the Bidder should be aware 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.

25 7) Origin of Goods and Services Unless otherwise indicated in the BDS, 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 HoPE and as stated in the BDS. However, the subcontracted portion shall not exceed fifty (50%), or a different percentage of the ABC, on a per project basis, as approved by the GPPB. 8.2 Subcontracting of any portion of the Project shall not relieve the Bidder from any liability or obligation that may arise from the contract. 8.3 Subcontractors must meet the eligibility criteria as stated in the BDS and shall submit the same eligibility documents as the general contractor. Failure of a subcontractor to meet the eligibility criteria does not affect the eligibility of the general contractor for the procurement project. In such case, the portion intended to be subcontracted to the ineligible subcontractor shall be assumed by the general contractor. 8.4 Subcontracting arrangement, if allowed, including the time of submission of the eligibility documents of the subcontractor, shall be disclosed in the BDS.

B. Contents of Bidding Documents 9) Pre-Bid Conference 9.1 If so specified in the BDS, a pre-bid conference shall be held either at the Procuring Entity’s physical address and/or online through videoconferencing, webcasting, or similar technology, or a combination thereof, on the date indicated therein, to clarify and address the Bidders’ questions on the technical and financial components of this Project. 9.2 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 and other bidding documents on the PhilGEPS website. 9.3 Bidders are highly encouraged to attend the pre-bid conference to fully understand the Procuring Entity’s requirements. While non-attendance of the Bidder will in no way prejudice its bid, the Bidder is deemed to know any changes and/or amendments to the Bidding Documents, as may be provided in the Supplemental Bid Bulletin. The proceedings of the pre-bid conference shall be recorded, and the corresponding minutes shall be 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.

26 9.4 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 BAC of the Procuring Entity at the address or electronic mail indicated in the BDS or through the electronic bidding facility of PhilGEPS, as may be applicable, 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 duly signed by the BAC Chairperson. It shall 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 on the PhilGEPS website, in any conspicuous place in the premises of the Procuring Entity, and on the website or social media platforms of the Procuring Entity, if available, or such other channels as may be authorized by the GPPB. It shall be the responsibility of all prospective bidders, including those 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 accordingly informed by the BAC, and be allowed to modify or withdraw their bids prior to the deadline for the submission and receipt of bids in accordance with ITB Clause 21.

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. The Bidder shall cause the authentication of the translated documents and shall be authenticated by the appropriate Philippine foreign service establishment or post or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. However, for Contracting Parties to the Apostille Convention, the documents shall be authenticated through an apostille by the Competent Authority, as defined in Section 20.2.9.2 of the IRR, except for countries identified by the DFA that will still require legalization (red ribbon) by the relevant Embassy or Consulate. The English translation shall govern, for purposes of interpretation of the bid.

27 12) Documents Comprising the Bid: Technical and Financial Components 12.1 The first bid envelope shall contain the following technical documents, including the eligibility documents:

a) PhilGEPS Certificate of Registration (Platinum Membership) in accordance with Section 20 of the IRR;

b) PCAB License and Registration, in case of Joint Venture (JV);

c) 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;

d) Statement of the Bidder’s SLCC, in accordance with ITB Clause 5.6. The SLCC shall be supported by an Owner’s Certificate of Final Acceptance issued by the project owner other than the Contractor, or a final rating of at least satisfactory in the CPES, or a similar performance and monitoring system. In case of contracts with the private sector, an equivalent document shall be submitted;

e) NFCC computation in accordance with ITB Clause 5.7;

f) Joint Venture Agreement (JVA), if applicable;

g) Bid Security in the prescribed form and amount in accordance with ITB Clause 16, and validity period under ITB Clause 15;

h) Project Requirements, which shall include the following:

i) Organizational chart of the personnel to be deployed for the procurement project to be bid; ii) List of Contractor’s personnel (e.g., Project Manager, Project Engineers, Materials Engineers, and Foremen), to be assigned to the procurement project to be bid, with their complete qualifications and experience data including Curriculum vitae of key staff, partners or principal officers and Valid licenses [issued by the Professional Regulatory Commission (PRC), if Filipino], and any other documentation required by prevailing and applicable laws, for design professionals. These personnel must meet the required minimum years of experience set in the BDS; iii) List of Contractor’s major equipment units which are owned, leased, or under purchase agreements, supported by proof of ownership or certification of availability of equipment from the equipment lessor or 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; iv) Bidder’s Preliminary Engineering Design Plan;

v) Design and Construction Methods;

28 vi) Environmental, Health and Safety Management Plan commensurate with the proposed scope of works; vii) Value Engineering (VE) Analysis; viii) Omnibus Sworn Statement in accordance with Section 54.3 of the IRR. ix) ISO 9001:2015 Certification

12.2 The second bid envelope shall contain the following:

i) Bid Form indicating the lump sum bid prices, which shall cover the entire project, covering all Design and Construction costs, supported by the accomplished Schedule of Priced Activities and Sub-Activities and Bill of Quantities; ii) Schedule of Priced Activities and Sub-Activities; iii) 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 iv) Quarter and payments schedule as a percentage of the lump sum Bid Price. 12.3 Whenever necessary, modifications may be made to the foregoing provisions specifically for major and specialized procurement to suit the particular needs of the Procuring Entity, subject to the approval of the GPPB. 12.4 All bids that exceed the ABC shall not be accepted. Unless otherwise indicated in the BDS, for foreign-funded procurement, the ABC shall be applied as the ceiling to bid prices provided the following conditions are met:

a) 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.

b) 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 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.

c) 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.

d) The Procuring Entity has established a system to monitor and report bid prices relative to ABC and engineer’s or Procuring Entity’s estimate.

29 e) The Procuring Entity has established a monitoring and evaluation system for contract implementation to provide feedback on actual total costs of goods and works. However, the GoP and the foreign government, or foreign or international financing institutions may agree to waive the foregoing conditions.

13) Bid Prices 13.1 The Bidder shall submit, using the Bid Form, its lump sum Bid Price for the contract, which shall be for the whole Design and Build Works, as described in the Bidding Documents, based on the priced Bill of Quantities submitted by the Bidder. 13.2 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. In case partial bids are allowed in the ITB, bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, the Bill of Quantities, shall be considered non-responsive and shall be 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. 13.3 For the given scope of work in the contract as awarded, all bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances as specified in GCC Clause 45.

13. 4 The Bidder shall also include, in its lump sum Bid Price, all duties, taxes, and other levies payable by the Contractor under the Contract, 14) Bid Currencies 14.1 All bid prices shall be quoted in Philippine Peso unless otherwise provided in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the BSP Daily Reference Exchange Rate Bulletin on the day of the bid opening.5 14.2 If so allowed in accordance with ITB Clause 14.1, the Procuring Entity, for purposes of bid evaluation and comparing the bid prices, will convert the currencies in which the bid price is expressed to Philippine Peso at the foreign exchange rates. 14.3 Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Peso.

5 RA No. 8183 or “An Act to Assure Uniform Value to Philippine Coin and Currency.”

30 15) Bid Validity 15.1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids. 15.2 Should it become necessary to extend the validity of the bids and the bid securities beyond one hundred twenty (120) calendar days, the Procuring Entity concerned shall request in writing all those who submitted bids for such extension before the expiration date therefor. Bidders, however, shall have the right to refuse to grant such extension without forfeiting their Bid Security.

16) Bid Security 16.1 The Bidder, at its option, shall submit a Bid Security in the form and amount as stated in the BDS, which may include the following: Form of Bid Security Amount of Bid Security (Not less than the required Percentage of the ABC) (a) Cash or cashier’s/manager’s check issued by a bank.

For biddings conducted by LGUs, the Cashier’s or Manager’s check may be issued by other banks certified by the BSP as authorized to issue such financial instrument.

Two percent (2%) (b) Bank draft/guarantee or irrevocable Letter of Credit issued by a bank; Provided, however, that it shall be confirmed or authenticated by a local bank, if issued by a foreign bank.

For biddings conducted by LGUs, the Bank Draft/ Guarantee, or irrevocable letter of credit may be issued by other banks certified by the BSP as authorized to issue such financial instrument.

Five percent (5%) (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance on as authorized to issue such security. Five percent (5%) (d) Bid Securing Declaration Not Applicable The Bid Security shall be denominated in Philippine Peso and posted in favor of the Procuring Entity.

31 16.2 The Bid Security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable Bid Security shall be considered as non-responsive and rejected by the Procuring Entity. 16.3 In no case shall the Bid Security be returned later than the expiration of the bid validity period indicated in the Bidding Documents, unless it has been extended in accordance with Section 57.2 of the IRR. In case the bidder is required to extend its bid validity, the bidder may, at its discretion, substitute a Bid Securing Declaration for the extended period as a replacement of its Bid Security; Provided, that the option to substitute is indicated in the BDS. 16.4 Upon signing and execution of the contract, pursuant to ITB Clause 29, and the posting of the performance security pursuant to ITB Clause 30, the Bid Security of the successful Bidder’s Bid Security will be discharged, but in no case later than its validity period as indicated in ITB Clause 15. 16.5 The Bid Security may be forfeited based on any of the following grounds, as provided under Rule VIII, X, XI, and XXI of the IRR:

a) If a Bidder:

i) With the Lowest Calculated Responsive Bid (LCRB), Most Economically Advantageous Responsive Bid (MEARB), Most Advantageous Responsive Bid (MARB), Single Calculated and Responsive Bid (SCRB), Single Economically Advantageous Responsive Bid (SEARB), or Single Advantageous Responsive Bid (SARB) withdraws, fails, refuses or is unable to: (i) submit the documents required under Section 66.5 of the IRR; (ii) enter into contract with the Procuring Entity; or (iii) post the required performance security within the period stipulated in the IRR and in accordance with ITB Clause 30; ii) Causes the delay, without justifiable cause, of the screening for eligibility, opening of bids, evaluation and post evaluation of Bids, and awarding of contracts; iii) Refuses to clarify or validate in writing its bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification; iv) Withdraws a bid, or refuses to accept an award, or refuses or fails to enter into contract with the Procuring Entity without justifiable cause, after the approval of the HoPE for having been the declared LCRB or MEARB, as the case may be;

v) Refuses or fails to furnish performance security within the prescribed time; vi) Commits of three (3) or more of any of the acts imposed with suspension, as provided under Section 99 of the IRR; vii) Uses force, fraudulent machinations, coercion, undue influence or pressure on any member of the BAC or any officer or employee of the Procuring Entity to take a particular action for its own favor or gain, or to the advantage of a particular bidder;

32 viii) Colludes with one (1) or more bidders and submitting different bids as if they were bona fide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest bid; ix) Maliciously submits different bids through two (2) or more persons, corporations, partnerships, or any other business entity in which it has interest, to create the appearance of competition that does not in fact exist so as to be declared as the winning bidder;

x) Enters into an agreement with other bidder/s which call upon one to refrain from bidding for procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure an undue advantage to any of the bidders; xi) Fails to faithfully disclose its relationship, regardless of the time of its discovery, with the HoPE, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the End-User or Implementing Unit, and the project consultants of the Procuring Entity, or of the procurement agent, whichever is applicable, by consanguinity or affinity up to the third civil degree pursuant to Section 81 of the IRR; xii) Submits beneficial ownership information containing false entries; xiii) Allows the use of one’s name or uses the name of another for purposes of public bidding; xiv) Submits eligibility requirements and bids containing false information or falsified documents or the concealment of such information that will materially alter the outcome of eligibility screening or any stage of the procurement; xv) Accesses the contents of any Bid submitted to the Procuring Entity before the opening of bids, without authorization; xvi) Has any documented attempt to unduly influence the outcome of the bidding; xv) Employs schemes which stifle or suppress any procurement activity; or xvi) Commits a third offense imposed with blacklisting under the Act by the same Procuring Entity, or a combination of three (3) violations imposed with blacklisting by the Procuring Entity and other Procuring Entities, as posted on the GPPB portal;

b) If a Winning Bidder:

i) Conducts poor performance or unsatisfactory quality and/or progress of work. Poor performance shall be as follows:

33 i.i) Negative slippage of fifteen percent (15%) and above within the critical path of the project due entirely to the fault or negligence of the winning bidder; or i.ii) Non-compliance of the materials and workmanship with the approved specifications arising from the fault or negligence of the winning bidder. ii) In case it is determined prima facie that the winning bidder has engaged, before or during the implementation of the contract, in the following unlawful deeds and behaviors relative to contract acquisition and implementation: ii.i) Corrupt, fraudulent, collusive and coercive practices; ii.ii) Drawing up or using forged documents; or ii.iii) Using adulterated materials, means or methods, or engaging in production contrary to rules of science or trade. iii) Assigns or subcontracts the contract or any part thereof or substituting key personnel named in the proposal without prior written approval by the Procuring Entity; iv) Willfully or deliberately abandons or does not perform the project or contract by the winning bidder resulting in substantial breach thereof without lawful and/or just cause;

v) Has its contract terminated due to its default or unlawful acts; or vi) Fails to comply with the provision on warranty that requires to repair any noted defect or damage to the Infrastructure Project due to the use of materials of inferior quality within ninety (90) calendar days from the issuance of the order by the HoPE to undertake such repairs.

17) Format and Signing of Bids 17.1 Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section IX. Philippine Bidding Documents Related Forms on or before the deadline specified in the ITB Clause 19 in two (2) separate sealed bid envelopes which shall be submitted simultaneously, whether through manual or online submission. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12, and the second shall contain the financial component of the bid. 17.2 Forms as mentioned in ITB Clause 17.1 must be completed without any alterations to their format. No substitute form shall be accepted. 17.3 Each and every page of the Bid Form, including the Bill of Quantities, under

Section IX hereof, shall be signed by the duly authorized representative/s of the Bidder. Failure to do so shall be a ground for the rejection of the bid.

34 17.4 Any insertions, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidder.

18) Sealing and Marking of Bids 18.1 Bidders shall enclose their technical documents described in ITB Clause 12 in one sealed envelope marked “TECHNICAL COMPONENT,”, and the financial component in another sealed envelope marked “FINANCIAL COMPONENT,”, sealing them all in an outer envelope marked “BID.” 18.2 The Bid shall be typed or written in ink and shall be signed by the Bidder or its duly authorized representative/s. 18.3 All envelopes shall:

a) contain the name of the contract to be bid in capital letters;

b) bear the name and address of the Bidder in capital letters;

c) be addressed to the Procuring Entity’s BAC in accordance with ITB Clause 18.1;

d) bear the specific identification of this bidding process indicated in the ITB Clause 1.1; and e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of bids, in accordance with ITB Clause 19. 18.4 For manually submitted bid envelopes that are not properly sealed and marked, as required in the Bidding Documents, the same shall be accepted; Provided, That the bidder or its duly authorized representative shall acknowledge such condition of the bid as submitted. On the other hand, unsealed or unmarked bid envelopes, or bids that cannot be opened or corrupted in case of online submission, shall be rejected. The BAC shall assume no responsibility for misplaced or lost contents of the improperly sealed or marked bid, or for its premature opening.

D. Submission and Opening of Bids 19) Deadline for Submission of Bids Bids must be received by the Procuring Entity’s BAC at the address indicated in the Invitation to Bid, or through the e-bidding facility of the PhilGEPS, on or before the date and time indicated in the BDS.

20) Late Bids Bids, including the eligibility requirements, submitted after the deadline shall be rejected by the BAC. The BAC shall record in the Minutes of the Meeting the submission and opening of bids, the Bidder’s name, its representative, and the time the late bid was submitted.

35 21) Modification and Withdrawal of Bids 21.1 Bidders may modify their bids before the deadline for the submission and receipt of bids.

a) For manual submission and receipt of bids, the Bidders shall not be allowed to retrieve their original bid, but shall only be allowed to submit the bid modification by sending another bid, equally sealed, properly identified, linked to its original bid, and marked as a “modification,” thereof, and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the bidder unopened.

b) For online submission of bids, the Bidders shall not be allowed to retrieve their original Bid, but shall only be allowed to submit the bid modification, send another Bid equally secured, properly identified labelled as a “modification” of the one previously submitted. The time indicated in the latest bid receipt page generated shall be the official time of submission. Bids modification submitted after the applicable deadline shall not be accepted. 21.2 Bidders may withdraw their bids in writing before the deadline for submission and receipt of bids. Withdrawal of bids after the applicable deadline shall be subject to appropriate sanctions as prescribed in the IRR. Bidders may also express their intention not to participate in the bidding in writing, which should be received by the BAC before the deadline for submission and receipt of bids. Bidders that withdraw their bids shall no longer be allowed to submit another bid for the same contract, directly or indirectly. 21.3 No bid may be modified after the deadline for submission and receipt of bids. Further, no bid may be withdrawn in the interval between the deadline for submission and receipt of bids, and the expiration of bid validity specified by the Bidder in the Financial Bid Form. Withdrawal of bid during this interval shall result in the forfeiture of the Bidder’s Bid Security pursuant to ITB Clause 16.5, and the imposition of administrative sanctions as prescribed by RA No. 12009 and without prejudice to the imposition of civil and criminal sanctions as provided under applicable laws. Alternative Bids shall be rejected. For this purpose, Alternative Bid shall pertain to 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. A bid with options shall likewise be 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. 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. 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.

36 This shall be without prejudice to any applicable criminal, civil and administrative penalties that may be imposed upon the persons and entities concerned.

22) Opening and Preliminary Examination of Bids 22.1 The BAC shall open the bids in public, immediately after the deadline for submission and receipt of bids, as specified in the BDS. In case the Bids cannot be opened as scheduled due to justifiable reasons, the BAC shall take custody of the submitted Bids and reschedule the opening of Bids on the next working day or at the soonest possible time, through the issuance of a Notice of Postponement to be posted on the PhilGEPS website and the website of the Procuring Entity concerned. 22.2 For Design and Build Scheme, only the technical proposals shall be opened while the financial proposals shall remain unopened and shall be kept securely by the BAC. The date and time of bid opening of the financial proposals is indicated in the BDS. Only those bids that pass the criteria for the Technical Proposal shall be subjected to the opening of the Financial Proposal. 22.3 The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price (per lot, if applicable, and/or including discount, if any), bid security, findings of preliminary examination, and whether there is a withdrawal or modification; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read. 22.4 The Bidders or their duly authorized representatives may attend the opening of bids. The BAC shall ensure the integrity, security, and confidentiality of all submitted bids. The Abstract of bids, as read, and the minutes of the bid opening shall be made available to the public, upon written request and payment of a specified fee to recover the cost of materials. 22.5 To ensure transparency and accurate representation of the bid submission, the BAC Secretariat shall notify in writing all bidders whose bids it has received through mail at its PhilGEPS-registered physical address or official e-mail address. The said notice shall be issued within seven (7) calendar days from the date of the bid opening.

E. Evaluation and Comparison of Bids 23) Process to be Confidential 23.1 Members of the BAC, its staff and personnel, Secretariat, and TWG, as well as Observers, are prohibited from making or accepting any communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in the case of ITB Clause 24. 23.2 Any effort by a Bidder to influence the Procuring Entity in the Procuring Entity’s decision in respect of bid evaluation, bid comparison or contract award will result in the rejection of the bid.

24) Clarification of Bids To assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses

37 to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid that is not in response to the request of the Procuring Entity shall not be considered.

25) Detailed Evaluation and Comparison of Bids 25.1 The Procuring Entity’s evaluation of bids shall be based on the bid price quoted in the Bid Form, which includes the Bill of Quantities. 25.2 The Procuring Entity will undertake the detailed evaluation and comparison of the bids which have passed the opening and preliminary examination of bids, pursuant to ITB Clause 22, to determine the Lowest Calculated Bid (LCB), Most Economically Advantageous Bid (MEAB), and Most Advantageous Bid (MAB). 25.3 For the detailed evaluation of the design and build proposals a two-step procedure shall be adopted by the BAC:

I. First-Step Procedure: The BAC shall evaluate, in detail, the Technical Components of the bids that passed the Preliminary Examination of the Technical Components, particularly the following:

1. Eligibility Requirements as provided in ITB Clause 5 2. Bid Security as to compliance with the allowable form, amount, and validity period.

3. Bidder’s Preliminary Engineering Design Plan, as to its adequacy and compliance with the MPSS, including degree of detail. The BAC shall rate the bidder on this criterion on a “pass/fail” basis. Hence, if the BAC finds that all of the bidder’s Preliminary Engineering Design Plans comply with the MPSS, the BAC shall rate the bidder “passed”. If the BAC finds that any of the bidder’s Preliminary Engineering Design Plans does not comply with the MPSS, the BAC shall rate the bidder “failed”.

4. Bidder’s Design and Construction Methods, as to their feasibility and compliance with the MPSS, with emphasis on the clarity, feasibility, innovativeness, and comprehensiveness of the planned approach, and the quality of the interpretation of project problems, risks, and suggested solutions. The BAC shall rate the bidder on this criterion using the following rating system, which gives the maximum possible points for each sub-criterion. To qualify, the bidder must obtain a preset minimum or passing rating indicated in the BDS on this sub-criterion of Design and Construction Methods.

Sub-Criterion and Characteristics Maximum Points A. Plan Approach 80 1. Clarity - quality of narrative description of methodology and works plan 20 a. The description discussed fully all aspects of the design and construction services.

38 b. The works plan is described in proper order of works activities.

c. There are no significant errors and irrelevant discussions.

2. Feasibility - doability of works plan 20 a. The proposed team includes all required key personnel, and the tasks of each key personnel are clearly defined.

b. The work activities are achievable and given in logical sequence.

c. The assignment of personnel is consistent with the work activities.

d. Each of the key personnel has a letter of commitment to work on the project.

3. Innovativeness - adoption of appropriate technology and tools. 20 a. The methodology completely describes the proposed design and construction technology and tools.

b. There is adequate discussion on how the proposed technology will enhance the quality of work outputs and ensure the timely completion of the project.

c. There are social, environmental, economic, and innovative characteristics integrated for the project.

d. Environmental sustainability was integrated from the outset, encompassing project identification, design and budget preparation.

4. Comprehensiveness -completeness and adequate level of detail of the works plan as to how the design and construction services shall be carried out in compliance with the MPSS. 20 a. All works required in the design and construction are sufficiently covered in the activity works schedule.

b. All required key personnel are covered in the Team composition and tasks.

c. There is a clear presentation of the interdependency of work activities.

d. The works plan integrates interactions among the bidder, concerned DPWH offices, LGUs, and other Government offices.

B. Interpretation of Project Problems, Risks, and Suggested Solutions 20 1. Quality of interpretation of problems and risks that may be encountered in performing the design and construction services. 10 2. Appropriateness or doability of suggested solutions to address the problems and risks. 10 a. The suggested solutions are responsive to the problems and practicable.

39 b. There is a clear discussion on how the proposed solutions shall be carried out.

Grand Total 100

5. Key Personnel to be assigned to the Project, as to their qualifications, including profession and experience, and their suitability to perform their particular assignments in the project. For this purpose, the bidder must meet the minimum requirements for the profession and experience of the key personnel, as provided in BDS ITB Clause 12.1(h)(ii).

6. Major Construction and Laboratory Equipment Units to be assigned to the Project, which are owned, leased, and/or under purchase agreements, as to their adequacy and suitability for the project. These equipment units must meet the minimum requirements for the contract set in BDS ITB Clause 12.1(h)(iii).

7. Organizational Chart for the Contract, as to its suitability for the project.

8. Omnibus Sworn Statement, as to its completeness, including the required notarization. For complex or unique undertakings, such as those involving highly specialized or advanced engineering technology, eligible bidders may be required, at the option of the Procuring Entity, to make an oral presentation within fifteen (15) calendar days after the deadline for submission of technical proposals. All bidders that pass all of the Technical Evaluation criteria under ITB Clause 25 shall be considered on equal footing. In order to pass the First-Step Procedure or the Technical Evaluation, the bidder shall be rated “PASSED” in the following:

I. Eligibility Criteria;

II. Adherence of preliminary design plans to the required MPSS and degree of details; and IV. Quality of personnel to be assigned to the project which covers suitability of key staff to perform the duties of the particular assignments and general qualifications and competence including education and training of the key staff; And should obtain at least sixty (60) points in III. Concept of approach and methodology for detailed engineering, design and construction with emphasis on the clarity, feasibility, innovativeness and comprehensiveness of the plan approach, and the quality of interpretation of project problems, risks, and suggested solutions.

40 II. Second-Step Procedure: Only those bids that passed the above criteria shall be subjected to the second step of evaluation. The BAC shall open the financial proposal of each “passed” bidder and shall evaluate it using non-discretionary criteria - including arithmetical corrections for computational errors - as stated in the Bidding Documents, and thus determine the correct total calculated bid prices. The BAC shall automatically disqualify any total calculated bid price which exceeds the ABC. The total calculated bid prices shall be ranked, in ascending order, from lowest to highest. The bid with the lowest total calculated bid price shall be identified as the Lowest Calculated Bid (LCB). 25.4 In order to eliminate bias in evaluating the quality proposals, it is recommended that the highest and lowest scores for each bidder for each criterion shall not be considered in determining the average scores of the bidders, except when the evaluation is conducted in a collegial manner. 25.5 The BAC shall immediately conduct a detailed evaluation of all bids using non-discretionary criteria in considering the following:

a) Completeness of the bid. Unless the BDS allows partial bids, bids not addressing or providing all of the required items in the BDS shall be considered non-responsive and, thus, automatically disqualified. However, when no price or a zero (0) or a dash (-) is indicated in a required item in the bid form, the same shall be construed that it is being offered for free to the Government, except those required by law or regulations to be provided for; and b) Arithmetical corrections. The BAC shall consider computational errors and omissions to enable proper comparison of all eligible bids. It may also consider bid correction if expressly allowed in the BDS. Any adjustment shall be calculated in monetary terms to determine the calculated prices. 25.6 Based on the detailed evaluation of bids, those that comply with the above-mentioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the LCB, MEAB, or MAB. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS. 25.7 The BAC shall evaluate all bids on an equal footing to ensure fair and competitive bid comparison. For this purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value-added tax (VAT), income tax, local taxes, and other fiscal levies and duties. Such bids, including said taxes, shall be the basis for the bid evaluation and comparison. 25.8 If so indicated pursuant to ITB Clause 1.1, bids may be submitted for individual lots, or for any combination thereof, provided that all bids and combinations of bids shall be received by the same deadline and opened and evaluated

41 simultaneously so as to determine the bid or combination of bids offering the lowest calculated cost to the Procuring Entity. Bid prices quoted shall correspond to all of the requirements specified for each lot. Bid Security as required by ITB Clause 16 shall be submitted for each contract (lot) separately. The basis for evaluation of lots is specified in BDS Clause 25.5 (a).

26) Post - Qualification 26.1 The BAC shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the LCB, MEAB, or MAB, as the case may be, complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5 and 12. The Bidder, within a non-extendible period of five (5) calendar days from receipt of notice from the BAC that it submitted the LCB, MEAB, or MAB, shall submit all the eligibility documents supporting its PhilGEPS Certificate of Registration (Platinum Membership), its latest income and business tax returns filed for the preceding quarter which should not be earlier than two (2) quarters from the date of submission and receipt of bid, and other appropriate licenses and permits required by law and stated in the BDS. 26.2 Failure to submit any of the post-qualification requirements on time, or a finding against the veracity thereof, shall disqualify the Bidder for award; Provided, That in the event that a finding against the veracity of any of the documents submitted is made, it shall cause the forfeiture of the Bid Security. 26.3 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted pursuant to ITB Clause 12, as well as other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary “pass/fail” criterion, which shall be completed within a period of twelve (12) calendar days. 26.4 If the BAC determines that the bidder with the LCB, MEAB, or MAB passes all the criteria for post-qualification, it shall declare the said bid as the LCRB, MEARB, MARB, SCB, SEAB, or Single Advantageous Bid (SAB) and recommend to the HoPE the award of contract to the said bidder at its submitted bid price or its calculated bid price, whichever is lower or, in the case of quality-based evaluation procedure, submitted bid price or its negotiated price, whichever is lower. If, however, the BAC determines that the bidder with the LCB, MEAB, MAB, SCB, SEAB, or SAB fails to meet the post-qualification criteria, it shall immediately notify the Bidder in writing of its post-disqualification and the grounds for such determination.6 26.5 Immediately after the BAC has notified the first bidder of its post-disqualification, and notwithstanding any pending request for reconsideration thereof, the BAC shall initiate and complete the same post-qualification process on the bidder with the second LCB, MEAB, or MAB. If the second bidder passes the post-qualification and provided that the request for reconsideration of the first bidder has been denied, the second bidder shall be post-qualified as the bidder with the LCB, MEAB, or MAB.

6 Sec 63.5 of the IRR.

42 26.6 If the second bidder, however, fails the post-qualification, the procedure for post-qualification shall be repeated for the bidder with the next LCB, MEAB, or MAB and so on, until the LCRB, MEARB, or MARB, as the case may be, is determined for award, subject to the procedure of Notice and Execution of Award. 26.7 Within a period not exceeding ten (10) calendar days from the determination by the BAC of the LCRB, MEARB, MARB, SCRB, SEARB, or SARB and the recommendation to award the contract, the HoPE or its duly authorized representative shall approve or disapprove the said recommendation. 26.8 In case of approval, the HoPE or its duly authorized representative shall immediately issue the Notice of Award to the bidder with the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as the case may be.

In the event that the approving authority shall disapprove the resolution on the award of the contract, such disapproval shall be based only on valid, reasonable, and justifiable grounds as enumerated under Section 70 of the IRR to be expressed in writing. A copy of the decision disapproving the resolution shall be furnished to the BAC and the bidder.

27) Reservation Clause 27.1 Notwithstanding the eligibility or post-qualification of a bidder and without incurring any liability, the HoPE or its duly authorized representative at any stage of the procurement, reserves the right to review its qualifications, reject any and all bids, declare a failure of bidding or not award the contract in the following situations:

a) If it has reasonable grounds to believe that a misrepresentation has been made by the said bidder; or b) If it has reasonable grounds to believe that there has been a change in the bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will adversely affect its capability to undertake the Project so that it no longer meets the prescribed eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and disqualify it from participating further in the bidding process or being awarded the contract. 27.2 Based on the following grounds, the HoPE or its duly authorized representative reserves the right to reject any and all Bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding:

a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or

43 nullify competition or influences or tends to influence the bidding process;

b) If the BAC is found to have failed in complying with the applicable law or in following the prescribed bidding procedures; or c) If there are any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government, in instances where (i) the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the HoPE; (ii) the Project is no longer necessary as determined by the HoPE; and (iii) the source of funds for the Project has been withheld or reduced through no fault of the Procuring Entity.

F. Award of Contract 28) Contract Award 28.1 Subject to ITB Clause 26, the HoPE or its duly authorized representative shall award the contract to the Bidder whose bid has been determined to be the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as the case may be. 28.2 Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the winning Bidder in writing that its bid has been accepted, through a Notice of Award duly received by the Bidder or its representative personally or by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Bidder with the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as applicable, and submitted personally or sent by registered mail or electronically to the Procuring Entity. 28.3 Within ten (10) calendar days from receipt by the winning bidder of the Notice of Award, the following conditions should be complied with before the contract may be awarded:

a) Submission of the following documents:

i) Valid JVA, if applicable; ii) The SEC Certificate of Registration of the foreign corporation, if applicable; or iii) Valid PCAB license and registration for the type and cost of the Project for foreign bidders when the Treaty or International or Executive Agreement expressly allows submission of such license and registration as a pre-condition to the Notice of Award. iv) If the bidder’s design professionals are non-Filipino, valid PRC Professional Identification (ID) Licenses (or at least a filed Application for Authority to Practice for Non-Filipino citizen) applicable to the type and cost of the Design and Build contract to be procured.

44 b) Posting of the performance security in accordance with ITB Clause 30; and c) Signing of the contract as provided in ITB Clause 29.

29) Signing of the Contract 29.1 Within ten (10) calendar days from receipt of the Notice of Award, the winning Bidder shall post the required performance security, sign and date the contract, and return it to the Procuring Entity. 29.2 The Procuring Entity shall enter into a contract with the successful Bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with. 29.3 The following documents shall form part of the contract:

a) Contract Agreement;

b) Bidding Documents;

c) Winning Bidder’s bid, including the technical and financial proposals, and all other documents/statements submitted (e.g., Bidder’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation;

d) Performance Security;

e) Notice of Award of Contract; and f) Other contract documents that may be required by existing laws and/or specified in the BDS.

30) Performance Security 30.1 To guarantee the faithful performance by the winning bidder of its obligations under the contract, it shall post a performance security prior to the signing of the contract. Furthermore, the successful bidder shall be required to update the performance security posted before to the issuance of a variation order, if any. 30.2 Sectors enumerated under Section 76.17 of the IRR may be allowed to post Performance Securing Declaration (PSD) as specified in the BDS.

7 Section 76.1. The GPPB, once data is available from relevant agencies, shall maintain a registry of entities belonging to the following sectors:

a) Farmers as certified by the Department of Agriculture (DA);

b) Fisherfolk as certified by the Bureau of Fisheries and Aquatic Resources (BFAR);

c) Persons with disabilities as certified by the National Council for Disability Affairs (NCDA) pursuant to RA No. 7277, otherwise known as the Magna Carta for Disabled Persons, as amended;

d) Solo parents as certified by the Department of Social Welfare and Development (DSWD); e) Microenterprises and social enterprises as certified by the MSMED Council;

f) Startups, spin-offs, and other forms of entity involved in science, technology, and innovation activities as certified by the DTI, DICT, NIC or the Department of Science and Technology (DOST), as may be applicable;

g) Cooperatives duly registered with the CDA pursuant to RA No. 6938, otherwise known as the Cooperative Code of the Philippines, as amended; and h) Other relevant sectors as may be determined by the GPPB to ensure inclusivity and diversity in the procurement process.

45 30.3 The performance security shall be in a form selected by the Procuring Entity in the amount indicated in the BDS, which shall not be less than the percentage of the total contract price in accordance with the following price schedule: Form of Performance Security Amount of Performance Security (Not less than the Percentage of the Total Contract Price) a) Cash or Cashier’s or Manager’s check issued by a bank. For biddings conducted by LGUs, the cashier’s or manager’s check may be issued by other banks certified by the BSP as authorized to issue such financial instrument.

Ten percent (10%) b) Bank draft or guarantee or irrevocable Letter of Credit issued by a local bank. If issued by a foreign bank, it shall be confirmed or authenticated by a local bank.

c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the IC as authorized to issue such security.

Thirty Percent (30%) 30.4 The performance security shall be denominated in Philippine Peso and posted in favor of the Procuring Entity, which shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract.

31) Notice to Proceed The Procuring Entity shall issue the Notice to Proceed to the winning Bidder not later than three (3) calendar days from the date of approval of the contract by the appropriate signatories. All notices called for by the terms of the contract shall be effective only at the time of receipt thereof by the successful Bidder.

32) Protest Mechanism Decisions of the BAC in all stages of procurement may be protested to the HoPE in accordance with Section 83 of the IRR.

46

Section III. Bid Data Sheet Notes on the Bid Data Sheet This Section is intended to assist the Procuring Entity in providing specific information relative to corresponding clauses in the ITB included in Section II. Instructions to Bidders, and has to be prepared for each specific procurement. The Procuring Entity should specify in the BDS the information and requirements relevant to the circumstances of the Procuring Entity, including procurement processing details; the applicable rules regarding bid price and currency; and the bid evaluation criteria that will apply to the bids. In preparing Section III, the following aspects should be checked:

a) Information that specifies and complements provisions of Section II. Instructions to Bidders must be incorporated; and b) Amendments and/or supplements, if any, to provisions of Section II. Instructions to Bidders as necessitated by the circumstances of the specific procurement, must also be incorporated.

47 Bid Data Sheet ITB Clause

1.1

The Procuring Entity is [DPWH Regional Office] The Project title is [insert the name of the contract]. The identification number of the Contract is [insert identification number of the contract as provided in the Invitation to Bid]. 2 The Funding Source is: 2.1 The GOP through the source of funding as indicated below for FY 2026 GAA (RA12314) Basic Educational Facilities Fund (BEFF) in the amount of [indicate amount] 2.2 The source of funding is:

a. NGA, the General Appropriations Act or Special Appropriations.

3.1 No further instructions. 5.1 Added: Bidding is restricted to eligible bidders as defined in ITB clause 5.1 5.4

For bidders with no design and build projects on its own, it may enter into subcontracting, partnerships, or joint venture with design or engineering firms for the design portion of the contract. In this case, the SLCC requirement shall be:

For Civil Works Contractor:

The Bidders must have successfully completed a similar construction project where the value of the Bidder’s participation exceeds fifty percent (50%) of the ABC of Php X,XXX,XXX,XXX.XX which is equivalent to Php X,XXX,XXX,XXX.XX adjusted to current prices using the Philippine Statistics Authority (PSA) consumer price indices.

Refer to DPWH Department Order No. 164, Series of 2025, or any subsequent issuances, amendments, or superseding guidelines.

Contracts similar to the Project shall be those described as follows:

(1) The following is the “Major Category of Works” involved in the contract to be bid:

a. BICWOPLC – Buildings: Construction – without Piles – Low Rise – Concrete (Frame) (1 to 5 Storeys)

48 b. BICWPLCDP – Buildings: Construction – with Piles – Low Rise – Concrete (Frame) – Driven Piles (1 to 5 Storeys) c. BIOWPLCCP– Buildings: Construction – with Piles – Low Rise – Concrete (Frame) – Cast-in-Place Piles (1 to 5 Storeys) (2) The following are the “Similar Categories of Works” that shall be considered in the evaluation of the work experience required for the contract to be bid:

a. BICWPHCP – Buildings: Construction - with Piles – High Rise – Steel (Frame) - Cast-in-Place Piles (6 and above Storeys) b. BICWPHSCP16 – Buildings: Construction -with Piles - High Rise – Steel (Frame) -Cast-in-Place Piles (16 and above Storeys) c. BICWPLSCP – Buildings: Construction -with Piles - Low Rise – Steel (Frame) - Cast-in-Place Piles (1 to 5 Storeys) d. BICWPHSDP – Buildings: Construction - with Piles - High Rise – Steel (Frame) - Driven Piles (6 and above Storeys) e. BIOWPHSDP16 – Buildings: Construction - with Piles - High Rise – Steel (Frame) -Driven Piles (16 and above Storeys) f. BICWPLSDP – Buildings: Construction - with Piles - Low Rise – Steel (Frame) -Driven Piles (1 to 5 Storeys) g. BICWOPHS*– Buildings: Construction - without Piles - High Rise – Steel (Frame) (6 and above Storeys) h. BICWOPHS16 – Buildings: Construction -without Piles - High Rise – Steel (Frame) (16 and above Storeys) i. BICWPMSDP – Buildings: Construction -with Piles - Medium Rise – Steel (Frame) - Driven Piles (6 to 15 Storeys) j. BICWPMSCP – Buildings: Construction -with Piles - Medium Rise – Steel (Frame) -Cast-in-Place Piles (6 to 15 Storeys) k. BICWOPMS – Buildings: Construction -without Piles - Medium Rise – Steel (Frame) (6 to 15 Storeys) Design Consultant: The bidders’ designer must have successfully completed a design of a similar construction project where the value of the Bidder’s participation exceeds fifty percent (50%) of the ABC for Design of Php XXX,XXX,XXX.XX which is equivalent to Php XXX,XXX,XXX.XX adjusted to current prices using the Philippine Statistics Authority (PSA) consumer price indices. 7 No further instructions. 8.1 Subcontracting is allowed.

49

The subcontracted portion shall be limited to components that are not deemed “significant or material” to the project as determined by the Procuring Entity. The maximum percentage allowed to be subcontracted shall be 50% of the contract cost. 8.3 Subcontractors must comply with the eligibility criteria specified in ITB Clause 5 to the implementing or end-user unit, including the corresponding documentary requirements. 8.4 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. A subcontract that is identified during the bidding stage shall submit its eligibility documents in the technical proposal of the bid. A subcontractor that is identified during contract implementation must submit the eligibility documents, comply with the eligibility criteria and secure approval of the HoPE, prior to execution of any subcontracted works. 9.1 The Procuring Entity will hold a pre-bid conference for this Project on [State date and time] at [State address of venue] {insert if applicable and/or through video-conferencing, webcasting, or similar technology, or a combination thereof via [insert website, application or technology to be used].}. 10.1

The Procuring Entity’s address is: [Insert full address] [Insert name and designation of Contact person] [Insert telephone and fax number of Contact] [Insert email address of contact (if applicable)] 12.1(b) ● 12.1(h)(ii) The minimum work experience requirements for key personnel are the following:

Position No. of Key Personnel General Experience (Years) Relevant Experience (Years)

50

12.1(h)(iii) The minimum major equipment requirements are the following: Equipment Capacity Number of Units The bidder is also required to submit its list of Material Testing Equipment for the large contractor in accordance with Department Order No. 11, Series of 2017. 12.4 The ABC is [insert amount]. Any bid with a financial component exceeding this amount shall not be accepted. 14.1 The bid prices shall be quoted in Philippine Peso. 14.3 Not applicable 15.1 Bids will be valid for 120 Calendar days from bid opening. 16.1 The Bid Security shall be in the form of a Bid Securing Declaration, and choose at least two (2) from any of the following:

1. The amount of not less than 2% of ABC, if bid security is in cash.

2. The amount of not less than 2% of ABC, if bid security is in cashier’s check.

3. The amount of not less than 2% of ABC, if bid security is in manager’s check.

4. The amount of not less than 5% of ABC, if bid security is in bank draft.

5. The amount of not less than 5% of ABC, if bid security is in guarantee.

6. The amount of not less than 5% of ABC, if irrevocable Letter of Credit.

7. The amount of not less than 5% of ABC, if Surety Bond. 16.2 The Bid Security shall be valid until 120 calendar days from bid opening. 16.3 In case of extension of bid validity and bid security validity period, Substitution of the bid security form is allowed. Bid Securing Declaration and the following forms may be used:

a) Cash or Cashier’s or Manager’s Check issued by a Bank.

b) Bank draft/guarantee or irrevocable Letter of Credit issued by a Bank: Provided, however, that it shall be confirmed or authenticated by a local Bank, if issued by a foreign bank.

51 c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. ” 18.1 Each Bidder shall submit three (3) copies of the first and second components of its Bid.

However, failure of the Bidders to comply with the said request shall not be a ground for disqualification. 19 The address for submission of bids is [insert address]. The deadline for submission of bids is [insert time and date]. 21.5 No further instructions 22.1 The date and time of bid opening is [insert time and date]. The place of bid opening is [insert address]. 22.2 The date and time of bid opening of the financial proposals is Month XX, 2026 at XX AM. 25.3 The quality component shall be assessed on the basis of criteria with corresponding numerical weights, which may include qualitative, environmental, or social aspects linked to the subject matter of the contract. These may include any or a combination of the following:

a) Quality and technical merit, including technical competence and a credible track record;

b) Aesthetic and functional design and characteristics;

c) Approach and methodology;

d) Accessibility;

e) Tools and equipment;

f) Social, environmental, economic, and innovative characteristics;

g) Organization, qualification, and experience of employees or staff assigned to perform the contract;

h) Ongoing contracts and work commitments;

i) After-sales service and technical assistance;

j) Delivery conditions, such as delivery period and delivery process;

k) Disposal measures; or l) Other relevant criteria in relation to the subject Goods or Infrastructure Projects to be procured. 25.3 (b)(iii) Not applicable 25.3(b)

Not applicable 25.3 (c)(i) Not applicable 25.5 (a) Partial bid is not allowed. The infrastructure project is packaged in a single lot and the lot shall not be divided into sub-lots for the purpose of bidding, evaluation, and contract award.In all cases, the NFCC computation, if

52 applicable, must be sufficient for all the lots or contracts to be awarded to the Bidder. 25.5 (b) Bid correction is not allowed. 25.6 No further instructions. 26.1 None 29.3(f)

Additional contract documents relevant to the Project are:

1. Construction schedule and S-curve 2. Manpower Schedule 3. Construction Methods 4. Equipment Utilization Schedule 5. Construction Safety and Health Program approved by the Department of Labor and Employment (DOLE) 6. Precedence Diagram Method (PDM) 30.2 Not applicable 30.3 The Performance Security shall be in the form: [choose one from any of the following:] 1) The amount of not less than __________ [Insert 10% of the contract price], if performance security is in cash.

2) The amount of not less than __________ [Insert 10% of the contract price], if performance security is in cashier’s check.

3) The amount of not less than __________ [Insert 10% of the contract price], if performance security is in manager’s check.

4) The amount of not less than _________ [Insert 10% of the contract price] if performance security is in bank draft.

5) The amount of not less than _________ [Insert 10% of the contract price] if performance security is in guarantee.

6) The amount of not less than __________ [insert 10% of the contract price] if performance security is irrevocable LoC. Or 7) The amount of not less than __________ [insert 30% of the contract price] if performance security is Surety Bond.

53

Section IV. General Conditions of Contract Notes on the General Conditions of Contract The GCC in Section IV, read in conjunction with the SCC in Section V and other documents listed therein, should be a complete document expressing all the rights and obligations of the parties. The GCC herein shall not be altered. Any changes and complementary information which may be needed shall be introduced only through the SCC in Section V.

54 TABLE OF CONTENTS 1. General Terms 54 2. Interpretation 54 3. Governing Language and Law 55 4. Communications 55 5. Possession of Site 55 6. The Contractor’s Obligations 56 7. Subcontracting 56 8. Advance Payment 58 9. Progress Payments 58 10. Payment Documents 59 11. Retention 60 12. Performance Security 60 13. Detailed Engineering and Site Investigation Reports 61 14. Licenses and Permits 62 15. Contractor’s Risk and Warranty Security 62 16. Procuring Entity’s Risk 65 17. Insurance 65 18. Liquidated Damages 66 19. Settlement of Disputes 67 20. Liability of the Contractor 67 21. Termination for Breach of Contract 67 22. Termination Due to Force Majeure 68 23. Termination by Contractor 69 24. Termination for Convenience 69 25. Termination for Unlawful Acts 70 26. Termination for Other Causes 70 27. Procedures for Termination of Contracts 71 28. Approval of Drawings and Temporary Works by the Procuring Entity 72 29. Acceleration and Delays Ordered by the Procuring Entity 73 30. Contractor's Right to Claim 73 31. Dayworks 73 32. Early Warning 73

55 33. Program of Work 73 34. Management Conferences 74 35. Bill of Quantities 74 36. Instructions, Inspections and Audits 75 37. Identifying Defects 75 38. Correction of Defects 75 39. Uncorrected Defects 75 40. Variation Orders 76 41. Contract Completion 77 42. Suspension of Work 78 43. Payment on Termination 78 44. Extension of Contract Time 79 45. Price Escalation 80 46. Completion 80 47. Taking Over 80 48. Operating and Maintenance Manuals 80

56 1) General Terms

In this Contract, the following terms shall be interpreted as indicated: 1.1 The Intended Completion Date refers to the date specified in the SCC when the Contractor is expected to have completed the Works. The intended Completion Date may be revised only by the Procuring Entity by issuing an extension of time or an acceleration order. 1.2 The Procuring Entity is the party who employs the Contractor to carry out the Works stated in the SCC. 1.3 The Site is the place provided by the Procuring Entity where the Works shall be executed and any other place or places which may be designated in the SCC, or notified to the Contractor by the Procuring Entity as forming part of the Site. 1.4 The Start Date, as specified in the SCC, is the date when the Contractor is obliged to commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.

1.5 Work(s) refer to the Permanent Works and Temporary Works to be executed by the Contractor in accordance with this Contract, including (i) the furnishing of all labor, materials, equipment and others incidental, necessary or convenient to the complete execution of the Works; (ii) the passing of any tests before acceptance by the Procuring Entity; (iii) and the carrying out of all duties and obligations of the Contractor imposed by this Contract as described in the SCC. In line with this, Temporary Works are works designed, constructed, and installed by the Contractor that are needed for construction or installation of the Permanent Works, which are subsequently removed.

2) Interpretation 2.1 In interpreting the Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of this Contract unless specifically defined. The Procuring Entity will provide instructions clarifying queries about the Conditions of Contract. 2.2 If sectional completion is specified in the SCC, references in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works). 2.3 The documents forming this Contract shall be interpreted in the following order of priority:

a) Contract Agreement;

b) Bid Data Sheet;

c) Instructions to Bidders;

d) Addenda to the Bidding Documents;

57 e) Special Conditions of Contract;

f) General Conditions of Contract;

g) Specifications;

h) Bill of Quantities; and i) Drawings.

3) Governing Language and Law 3.1 This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines. 3.2 This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract which are exchanged by the parties shall be written in English.

4) Communications Communications between parties that are referred to in the Conditions shall be effective only if made in writing. A notice shall be effective only when it is received by the concerned party.

5) Possession of Site 5.1 On the date specified in the SCC, the Procuring Entity shall grant the Contractor possession of so much of the Site as may be required to enable it to proceed with the execution of the Works. If the Contractor suffers delay or incurs cost from failure on the part of the Procuring Entity to give possession in accordance with the terms of this clause, the Procuring Entity shall give the Contractor a Contract Time Extension and certify such sum as fair to cover the cost incurred, which sum shall be paid by Procuring Entity. 5.2 If possession of a portion is not given by the date stated in the SCC Clause 1.3, the Procuring Entity will be deemed to have delayed the start of the relevant activities. The resulting adjustments in contract time to address such delay shall be in accordance with GCC Clause 44. 5.3 The Contractor shall bear all costs and charges for special or temporary right-of-way required by it in connection with access to the Site. The Contractor shall also provide at its own cost any additional facilities outside the Site required by it for purposes of the Works. 5.4 The Contractor shall allow the Procuring Entity and any person authorized by the Procuring Entity access to the Site and to any place where work in connection with this Contract is being carried out or is intended to be carried out.

58 6) The Contractor’s Obligations For Design: 6.1 The Contractor shall perform the following major obligations:

a) Undertake Detailed Architectural and Engineering Design (DAED) for the Project, including the conduct of necessary engineering and technical surveys and investigations, and the preparation of design plans, in accordance with the Terms of Reference (TOR).

b) Undertake the Construction of the Project in accordance with the DAED certified and accepted by the Procuring Entity and in compliance with the TOR. 6.2 The Contractor shall undertake that its designers and design subcontractors, if applicable, shall be available to attend discussions with the Procuring Entity at all reasonable times and shall remain accountable for the design throughout the construction phase until the completion of the project. 6.3 The Contractor shall be responsible for obtaining all necessary information as to risks, contingencies and other circumstances which may affect the Works and shall prepare and submit all necessary documents specified by the Procuring Entity to meet all regulatory approvals as specified in the contract documents. 6.4 The Contractor shall carry out the Works properly and in accordance with this Contract. The Contractor shall provide all supervision, labor, Materials, Plant and Contractor's Equipment, which may be required. All Materials and Plant on Site shall be deemed to be the property of the Procuring Entity. 6.5 The Contractor shall be responsible for the conduct of all necessary detailed engineering investigations, surveys and the preparation of the DAED. The Contractor shall provide for the monitoring by the Procuring Entity’s Representative of the Contractor’s detailed engineering investigations and surveys. 6.6 If provided in the SCC, to expedite the implementation of the Works, the Contractor may prepare sectional DAEDs for components of the Works and submit them to the Procuring Entity for review, certification, and acceptance. Upon receipt of the Procuring Entity’s certification and acceptance of a sectional DAED, the Contractor shall proceed with the construction of the portion of the Works covered by that DAED. 6.7 The Contractor shall be solely responsible and liable for the adequacy, integrity, safety, and compliance of its DAED and the performance of the structure, notwithstanding the approval, certification, and acceptance of the DAED by the Procuring Entity. 6.8 Based on its DAED, the Contractor shall conduct the necessary Environmental Impact Assessment (EIA) and formulate a Construction Environmental Management Plan (CEMP). If this requires a new/modified ECC/CNC, Certificate of Non-Overlap (CNO), Certification Pre-Condition (CP) for Indigenous Peoples, Special-Use Agreement for Protected Area (SAPA) and Gratuitous Special Use Permit (GSUP), upon request of the Contractor, the Procuring Entity may assist in coordinating with the concerned Agencies for the

59 acquisition of such permits and clearances, but the Contractor shall conduct and pay the cost of preparing the necessary environmental documents as well the cost of such acquisition, i.e., application and processing. The Contractor shall implement the Environmental Management Plan and the conditions specified in the ECC, if applicable. 6.9 The Contractor shall secure all permits required for the Contract, including building permits, excavation permits, etc., in accordance with GCC Clause 14. For Implementation: 6.10 The Contractor shall carry out the Works properly and in accordance with this Contract. The Contractor shall provide all supervision, labor, Materials, Plant and Contractor's Equipment, which may be required. All Materials and Plant on Site shall be deemed to be the property of the Procuring Entity. 6.11 The Contractor shall commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program of Work submitted by the Contractor, as updated with the approval of the Procuring Entity, and complete them by the Intended Completion Date. 6.12 The Contractor shall be responsible for the safety of all activities on the Site. 6.13 The Contractor shall carry out all instructions of the Procuring Entity that comply with the applicable laws where the Site is located. 6.14 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as referred to in the SCC, to carry out the supervision of the Works. The Procuring Entity will approve any proposed replacement of key personnel only if their relevant qualifications and abilities are equal to or better than those of the personnel listed in the Schedule. 6.15 If the Procuring Entity asks the Contractor to remove a member of the Contractor’s staff or work force, for justifiable cause, the Contractor shall ensure that the person leaves the Site within seven (7) days and has no further connection with the Work in this Contract. 6.16 During Contract implementation, the Contractor and its subcontractors shall abide at all times by all labor laws, including child labor related enactments, and other relevant rules. 6.17 The Contractor shall submit to the Procuring Entity for consent the name and particulars of the person authorized to receive instructions on behalf of the Contractor. 6.18 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Procuring Entity between the dates given in the schedule of other contractors particularly when they shall require access to the Site. The Contractor shall also provide facilities and services for them during this period. The Procuring Entity may modify the schedule of other contractors, and shall notify the Contractor of any such modification thereto. 6.19 Should anything of historical or other interest or of significant value be unexpectedly discovered on the Site, it shall be the property of the Procuring

60 Entity. The Contractor shall notify the Procuring Entity of such discoveries and carry out the Procuring Entity’s instructions in dealing with them.

7) Subcontracting 7.1 Unless otherwise indicated in the SCC, the Contractor shall not subcontract portions of the Works beyond the percentage specified in BDS Clause 8.1. If subcontracting is allowed, the arrangement, including the timing for submission of the subcontractor’s eligibility documents, shall be disclosed. 7.2 For subcontracting arrangements, the following rules shall apply for both locally-funded projects and to projects financed through Official Development Assistance, except those covered by treaty, or international, or executive agreements:

a) The subcontracted portion of the contract shall be subject to the approval of the HoPE and the following conditions:

i) The subcontracted portion shall not exceed fifty percent (50%), or a different percentage on a per project basis as approved by the GPPB. The threshold percentages fixed herein shall be subject to the periodic review and adjustments as may be deemed appropriate by the GPPB; and ii) The subcontracted portion shall be limited to components that are not deemed "significant or material" to the project as determined by the Procuring Entity.

b) Subcontracting arrangement, if allowed, including the time of submission of the eligibility documents of the subcontractor, shall be disclosed in the Bidding Documents;

c) Subcontractors must meet the eligibility criteria and shall submit the same eligibility documents as the general contractor. Failure of a subcontractor to meet the eligibility criteria does not affect the eligibility of the general contractor for the procurement project. In such case, the portion intended to be subcontracted to the ineligible subcontractor shall be assumed by the general contractor;

d) The general contractor shall remain liable for the subcontractor’s actions, defaults, delays, and negligence;

e) The general contractor and the subcontractor are obliged to comply with the provisions of the contract and shall share liability, jointly and severally, in cases of violation of safety standards or other labor standards insofar as the subcontracted portion is concerned; and f) For purposes of post-qualification in accordance with its objective and process under the IRR, the value of the entire completed and accepted Project, including the subcontracted portion, shall be credited as experience of the general contractor. In the case of the subcontractor, the following rules shall apply:

61 i) The subcontractor shall get credit for one hundred percent (100%) of the value of the subcontracted portion of the project performed; ii) Subcontractors shall be eligible to concessional windows of GFIs that treat receivables from the government as loan security; the receivables of subcontractors due from their general contractor shall similarly be accepted as loan security by GFIs; and iii) Contract performance monitoring, such as the use of CPES, among others, shall also be mandatorily applied to the work experience of the subcontractors.

8) Advance Payment 8.1 The Procuring Entity shall make an advance payment on the Contract Price 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. 8.2 The advance payment shall be made only upon:

i) Written request of the contractor which shall form part of the contract document; and ii) Submission of an irrevocable standby Letter of Credit of equivalent value from a bank as confirmed by the Procuring Entity; a bank guarantee; or a surety bond callable upon demand issued by a duly licensed surety or insurance company, at the option of the Procuring Entity. 8.3 The advance payment shall be recovered from the Contractor through deductions in amounts equivalent to the percentage of the total contract price that corresponds to the value of the advance payment granted. 8.4 Once a month, Contractors may submit documents, such as Monthly Certificates,8 to show the progress or partial completion of a project. The Contractor may reduce its standby letter of credit or guarantee instrument by the amounts refunded by the Monthly Certificates, or any equivalent document subject to auditing and accounting rules, in the advance payment.

9) Progress Payments 9.1 Once a month, the Contractor may submit a statement of work accomplished (SWA) or progress billing and corresponding request for progress payment for work accomplished. The SWA should show the amounts which the Contractor considers itself to be entitled to up to the end of the month, to cover (i) the cumulative value of the Works it executed to date, based on the items in the Bill of Quantities, and (ii) adjustments made for approved Variation Orders executed. Alternatively, the Procuring Entity may require in the Bidding Documents that the SWA or progress billing and the corresponding request for progress payment may only be submitted upon actual completion of the

8 Commission on Audit (COA) Circular 2012-001.

62 Infrastructure Project or a specific portion, segment, milestone or phase thereof. The Procuring Entity or Project Engineer shall check the Contractor’s SWA and certify the amount to be paid to the Contractor as progress payment. Materials and equipment delivered onsite but not yet incorporated in the Works shall not be included for payment, except as otherwise stipulated in the SCC. 9.2 The Procuring Entity shall deduct the following from the certified gross amounts to be paid to the Contractor as progress payment:

a) Cumulative value of the work previously certified and paid for.

b) Portion of the advance payment to be recouped.

c) Retention money in accordance with the conditions of the contract.

d) Amount to cover third-party liabilities.

e) Amount to cover uncorrected discovered defects in the Works. 9.3 Payments shall be adjusted by deducting therefrom the amounts for advance payments and retention. The Procuring Entity shall pay the Contractor the amounts certified by the Procuring Entity within twenty-eight (28) days from the date each certificate was issued. No payment of interest for delayed payments and adjustments shall be made by the Procuring Entity. 9.4 The first progress payment may be paid by the Procuring Entity to the Contractor, as indicated in the SCC; Provided, That at least a percentage of the Works has been accomplished as certified by the Procuring Entity and as indicated in the SCC. 9.5 Items of the Works for which a price of “0” (zero) has been entered will not be paid for by the Procuring Entity and shall be deemed covered by other rates and prices in the Contract.

10) Payment Documents 10.1 Subject to existing accounting and auditing rules and regulations,9 the Contractor shall submit to the Procuring Entity monthly statements of the estimated value of the work executed less the cumulative amount certified previously. 10.2 The Procuring Entity shall check the Contractor’s monthly statement and certify the amount to be paid to the Contractor. 10.3 The value of Work executed shall:

a) be determined by the Procuring Entity;

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

9 COA Circular No. 2012-001.

63 c) include the valuations of approved variations. 10.4 The Procuring Entity may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.

11) Retention 11.1 The Procuring Entity shall retain from each payment due to the Contractor an amount equal to a percentage thereof using the rate as specified in GCC Clause 11.2. The said amount will serve to guarantee indemnity for uncorrected discovered defects and third-party liabilities arising from this Contract. This retention money shall be utilized if the contractor fails to repair the discovered defects. Should the retention money be insufficient, the PE may forfeit the performance security, which may ultimately lead to the termination of the contract.10 11.2 Progress payments are subject to retention of ten percent (10%) referred to as the retention money. Such retention shall be based on the total amount due to the Contractor prior to any deduction and shall be retained from every progress payment until fifty percent (50%) of the value of the Works, as determined by the Procuring Entity, are completed. If, after fifty percent (50%) completion, the work is satisfactorily done and on schedule, no additional retention shall be made; otherwise, the ten percent (10%) retention shall be imposed, which may be decreased to 5 percent (5%) by the Procuring Entity based on justifiable causes.11 11.3 The total retention money shall be due for release upon final acceptance of the Works. The Contractor may, however, request the substitution of the retention money for each progress billing with irrevocable standby Letters of Credit from a bank, bank guarantees or surety bonds callable on demand, of amounts equivalent to the retention money substituted for and acceptable to Government; Provided, That the project is on schedule and is satisfactorily undertaken. Otherwise, the ten (10%) percent retention shall be made. Said irrevocable standby letters of credit, bank guarantees and/or surety bonds, to be posted in favor of the Government shall be valid for a duration to be determined by the concerned implementing office/agency or Procuring Entity and will answer for the purpose for which the ten (10%) percent retention is intended, i.e., to cover uncorrected discovered defects and third party liabilities. 11.4 On completion of the whole Works, the Contractor may substitute retention money with an “on demand” Bank guarantee in a form acceptable to the Procuring Entity.

12) Performance Security

12.1 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

10 Supreme Court rulings (e.g. New Bian Yek Commercial, Inc. vs. Office of the Ombudsman, et. al., GR No. 169338[2009], and Tondo Medical Center vs. Rante, G.R. No. 230645 [2019] have affirmed this purpose, stating that retention money is a form of security to ensure the satisfactory completion of works and to cover any defects or third-party claims that may arise after project completion. 11

Section 71.2.8 of the IRR.

64 parties, the winning Contractor shall furnish the performance security in any of the forms prescribed in ITB Clause 30 in relation to BDS Clause 30.2 and 30.3. 12.2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the Contractor is in default in any of its obligations under the contract. 12.3 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. In case the performance security issued is valid for a specific period shorter than the term of the contract, including the defects liability period, the same shall be renewed or extended as often as necessary and immediately submitted to the Procuring Entity. In case of approved contract time extensions, the Contractor shall cause the extension of the validity of the performance security to cover the said extensions. 12.4 The performance security may be released by the Procuring Entity after the issuance of the Certificate of Final Acceptance; Provided, That the Procuring Entity has no claims filed against the performance security. 12.5 The Contractor shall post an additional performance security following the amount and form specified in ITB Clause 30 to cover any cumulative increase of more than ten percent (10%) over the original value of the contract as a result of change orders, extra work orders and supplemental agreements, as the case may be. 12.6 In case of a reduction in the contract value or for partially completed Works under the contract which are usable and accepted by the Procuring Entity the use of which, in the judgment of the implementing agency or the Procuring Entity, will not affect the structural integrity of the entire project, the Procuring Entity shall allow a proportional reduction in the original performance security, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance security. 12.7 Unless otherwise indicated in the SCC, the Contractor, by entering into the Contract with the Procuring Entity, acknowledges the right of the Procuring Entity to institute action pursuant to Act No. 368812 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.

13) Detailed Engineering and Site Investigation Reports 13.1 The Contractor, in preparing the Bid, shall rely on all Site Investigation Reports referred to in the SCC supplemented by any information obtained by the Contractor. 13.2 Detailed engineering shall proceed only on the basis of the feasibility or preliminary engineering study made which establishes the technical viability of the project and conformance to land use and zoning guidelines prescribed by existing laws. The findings contained in the feasibility study, if undertaken for the project, shall be examined. If, in the course of this exercise, it is found that amendments would be desirable in the design standards of principal features,

12 Also known as ”An Act for the Protection of Persons Furnishing Material and Labor for the Construction Of Public Works”.

65 as proposed, specific recommendations for such changes shall be supported by detailed justifications, including their effects on the cost, and the economic justifications, if necessary. 13.3 A schedule of detailed engineering activities shall include the following:

a) Survey;

b) Site Investigation;

c) Soils and Foundation Investigation;

d) Construction Materials Investigation;

e) Preparation of Design Plans;

f) Preparation of Technical Specifications;

g) Preparation of Quantity and Cost Estimates;

h) Preparation of Scope of Work;

i) Preparation of Proposed Construction Schedule (and estimated Cash Flow for projects with Schedule over six (6) months;

j) Preparation of Site or Right-of-Way Plans including Schedule of Acquisition;

k) Preparation of Utility Relocation Plan;

l) Preparation and Submission of Design Report;

m) Environmental Impact Statement for critical project, as defined by the Department of Environment and Natural Resources;

n) Preparation of minimum requirements for a Construction Safety and Health Program for the project being considered;

o) Value Engineering Studies; and p) Preparation of report on asset climate hazards, risk assessment, disaster response strategies, and readiness planning. 13.4 Work under detailed architectural and engineering design shall include, among others, the items stated in Section 8.3 of the IRR.

14) Licenses and Permits The Procuring Entity may, if requested by the Contractor, assist him in applying for permits, licenses or approvals, which are required for the Works.

15) Contractor’s Risk and Warranty Security 15.1 Any errors, omissions, inconsistencies, inadequacies, or failures in the design submitted and works undertaken by the contractor that do not comply with the requirements shall be corrected at the contractor’s cost, subject to the

66 provisions under GCC Clause 38. If the Contractor wishes to modify any design or document that has been previously submitted, reviewed and approved, the Contractor shall notify the procuring entity within a reasonable period of time, subject to the same review and approval process, and shall shoulder the cost of such changes. 15.2 From the time project construction commenced up to final acceptance, the Contractor shall assume full responsibility for any damage or destruction of the works, except those occasioned by force majeure; and the safety, protection, security, and convenience of its personnel, third parties, and the public at large, as well as the works, equipment, installation and the like to be affected by its construction work. 15.3 The defects liability period for infrastructure projects shall be one (1) year from project completion up to final acceptance by the Procuring Entity. During this period, the Contractor shall undertake the repair works, at its own expense, of any damage to the Works on account of the use of materials of inferior quality, defects in the construction, or due to any violation of the terms of the contract, within ninety (90) calendar days from the time the HoPE has issued an order to undertake repair. In case of failure or refusal to comply with this mandate, the Procuring Entity shall undertake such repair works and shall be entitled to full reimbursement of expenses incurred therein upon demand. 15.4 The defects liability period shall be covered by the performance security of the Contractor required in Section 68 of the IRR, which shall guarantee that the Contractor performs its responsibilities stated in GCC Clause 15.1 Unless otherwise indicated in the SCC, in case the Contractor fails to comply with the preceding paragraph, the Procuring Entity shall forfeit its performance security, subject its properties to attachment or garnishment proceedings, and may impose the appropriate penalty under Sections 99, 100, and 101 of the IRR. All payables of the GoP in its favor shall be offset to recover the costs. 15.5 The following persons shall be held responsible for “Structural Defects,” i.e., major faults or flaws or deficiencies in one or more key structural elements of the project which may lead to structural failure of the completed elements or structure, or “Structural Failures,” i.e., where one or more key structural elements in an infrastructure facility fails or collapses, thereby rendering the facility or part thereof incapable of withstanding the design loads, and/or endangering the safety of the users or the general public:

a) Contractor – Where Structural Defects or Failures arise due to faults attributable to improper construction, use of inferior quality/substandard materials, and any violation of the contract plans and specifications, the Contractor shall be held liable;

b) Consultants – Where Structural Defects or Failures arise due to faulty and/or inadequate design and specifications as well as construction supervision, then the consultant who prepared the design or undertook construction supervision for the project shall be held liable;

c) Procuring Entity’s Representatives or Project Manager or Construction Managers and Supervisors – The project owner’s representative, project manager, construction manager, and supervisor shall be held liable in cases where the Structural Defects or Failures are due to their willful intervention in altering the designs and other specifications;

67 negligence or omission in not approving or acting on proposed changes to noted defects or deficiencies in the design and/or specifications and the use of substandard construction materials in the project;

d) Third Parties - Third Parties shall be held liable in cases where Structural Defects or Failures are caused by work undertaken by them such as leaking pipes, diggings or excavations, underground cables and electrical wires, underground tunnel, mining shaft and the like, in which case the applicable warranty to such structure should be levied to third parties for their construction or restoration works; and e) Users - In cases where Structural Defects or Failures are due to abuse or misuse by the End-User or Implementing Unit of the constructed facility and/or non–compliance by a user with the technical design limits and/or intended purpose of the same, then the user concerned shall be held liable. 15.6 The warranty against Structural Defects or Failures, except those occasioned by force majeure, shall cover the period specified in the SCC reckoned from the date of issuance of the Certificate of Final Acceptance by the Procuring Entity. On the other hand, such warranty shall likewise be applied against non-structural defects for instances that pertain to faults or deficiencies in non-load bearing components or finishes of the Project, such as minor cracks, leaks, or defects in workmanship or materials, which do not affect the stability or safety of the structure but may impact its appearance, functionality, or usability. 15.7 To guarantee that the Contractor shall perform its responsibilities, it shall be required to post a warranty security, which shall be stated in Philippine Peso, in the form chosen by the Procuring Entity in accordance with the following schedule: Form of Warranty Amount of Warranty Security Not less than the Percentage (%) of Total Contract Price (a) Cash or letter of credit issued by bank; Provided, however, that the letter of credit shall be confirmed or authenticated by a local bank, if issued by a foreign bank.

For biddings conducted by LGUs, the Letter of Credit may be issued by other banks certified by the BSP as authorized to issue such financial instrument. Five Percent (5%) (b) Bank guarantee confirmed by bank.

For biddings conducted by LGUs, the bank draft/guarantee may be issued by other banks certified by the BSP as authorized to issue such financial instrument. Ten Percent (10%) (c) Surety bond callable upon demand issued by GSIS or any surety or Thirty Percent (30%)

68 insurance company duly certified by the Insurance Commission 15.8 The warranty security shall be stated in Philippine Peso and shall remain effective within one (1) year from the date of issuance of the Certificate of Final Acceptance by the Procuring Entity, and returned only after the lapse of the said one (1) year period. This one (1) year period shall cover both structural and non-structural defects or failures; Provided, That in cases of structural defects or failures, warranties beyond the one (1) year period shall be subject to applicable laws, rules, and regulations such as the New Civil Code of the Philippines. 15.9 In case of structural/non-structural defects or failure occurring during the applicable warranty period provided in GCC Clause 15.5, the Procuring Entity shall undertake the necessary restoration or reconstruction works and shall be entitled to full reimbursement by the parties found to be liable for expenses incurred therein upon demand, without prejudice to the imposition of administrative sanctions as prescribed by RA No. 12009 and without prejudice to the imposition of civil and criminal sanctions as provided under applicable laws against the responsible persons as well as the forfeiture of the warranty security posted in favor of the Procuring Entity.

16) Procuring Entity’s Risk 16.1 From the Start Date until the Certificate of Final Acceptance has been issued, the following are risks of the Procuring Entity:

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

i) any type of use or occupation of the Site authorized by the Procuring Entity after the official acceptance of the Works; or ii) negligence, breach of statutory duty, or interference with any legal right by the Procuring Entity or by any person employed or contracted by it, except the Contractor.

b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Procuring Entity or in the Procuring Entity’s design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed.

17) Insurance 17.1 The Contractor shall, under its name and at its own expense, obtain and maintain, for the duration of this Contract, the following insurance coverage:

a) Contractor’s All Risk Insurance, with an exception for Simple Infrastructure Projects, as applicable;

b) Transportation to the project Site of Equipment, Machinery, and Supplies owned by the Contractor;

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

69 d) Comprehensive insurance for third party liability to Contractor’s direct or indirect act or omission causing damage to third persons. 17.2 The Contractor shall provide evidence to the Procuring Entity that the insurances required under this Contract have been effected and shall, within a reasonable time, provide copies of the insurance policies to the Procuring Entity. 17.3 The Contractor shall notify the insurers of changes in the nature, extent, or program for the execution of the Works and ensure the adequacy of the insurances at all times in accordance with the terms of this Contract and shall produce to the Procuring Entity the insurance policies in force including the receipts for payment of the current premiums. The above insurance policies shall be obtained from any reputable insurance company approved by the Procuring Entity. 17.4 If the Contractor fails to obtain and keep in force the insurances referred to herein or any other insurance required to be obtained under the terms of this Contract, the Procuring Entity may obtain and keep in force any such insurances and pay such premiums as may be necessary for the purpose. From time to time, the Procuring Entity may deduct the amount it shall pay for said premiums including twenty five percent (25%) therein from any monies due, or which may become due, to the Contractor, without prejudice to the Procuring Entity exercising its right to impose other sanctions against the Contractor pursuant to the provisions of this Contract. 17.5 In the event the Contractor fails to observe the above safeguards, the Procuring Entity may, at the Contractor’s expense, take whatever measure is deemed necessary for its protection and that of the Contractor’s personnel and third parties, and/or order the interruption of dangerous Works. In addition, the Procuring Entity may refuse to make the payments under GCC Clause 9 until the Contractor complies with this Clause. 17.6 The Contractor shall immediately replace the insurance policy obtained as required in this Contract, without need of the Procuring Entity’s demand, with a new policy issued by a new insurance company acceptable to the Procuring Entity for any of the following grounds:

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

i) become bankrupt; ii) been placed under receivership or under a management committee; iii) been sued for suspension of payment; iv) been suspended by the Insurance Commission and its license to engage in business or its authority to issue insurance policies has been cancelled; or v) Where reasonable grounds exist that the insurer may not be able, fully and promptly, to fulfill its obligation under the insurance policy.

70 18) Liquidated Damages 18.1 When the Contractor fails to satisfactorily complete the Works under the contract within the specified contract duration, inclusive of duly granted time extensions, if any, the Contractor shall be liable for liquidated damages in an amount equal to at least one-tenth (1/10) of one percent (1%) of the cost of the unperformed portion of the Works for every day of delay. 18.2 In computing liquidated damages, the Procuring Entity shall determine the usability of the project. A project or a portion thereof may be deemed usable when it starts to provide the desired benefits as certified by the End-User or Implementing Unit and approved by the HoPE. 18.3 To be entitled to liquidated damages, the Procuring Entity does not have to prove that it has incurred actual damages. Such amount shall be deducted from any money due, or which may become due the Contractor under the contract, collected from the retention money or other securities posted by the Contractor, or a combination thereof, whichever is convenient to the Procuring Entity. 18.4 In case the total sum of liquidated damages reaches ten percent (10%) of the total contract price, the Procuring Entity may rescind or terminate the contract, without prejudice to other courses of action and remedies available under the circumstances. 18.5 If the Intended Completion Date is extended after liquidated damages have been paid, the Procuring Entity shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment schedule.

19) Settlement of Disputes 19.1 Any dispute arising from the implementation of a contract covered by the Act and the IRR shall primarily be resolved and settled amicably by mutual consultation or agreement. 19.2 In case of failure to settle the dispute amicably, the parties may mutually agree in writing to resort to other modes of alternative dispute resolution (ADR) to promote efficiency in the procurement process. Accordingly, they are encouraged to select the most expeditious mode of ADR available. If arbitration is chosen as the ADR method, this shall be incorporated as a provision in the contract and referred to the Arbitrator specified in the SCC. 19.3 If the dispute remains unresolved after exhausting the remedies provided above, it may be submitted to other forms of ADR, such as mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof, in accordance with RA No. 9285, otherwise known as the "Alternative Dispute Resolution Act of 2004”. However, disputes that are within the competence or jurisdiction of the Construction Industry Arbitration Commission shall be referred to the same for resolution.13

13 Executive Order No. 1008 (Construction Industry Arbitration Law); and Construction Industry Arbitration Commission Revised Rules of Procedure.

71 20) 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.

21) Termination for Breach of Contract 21.1 The Procuring Entity shall terminate the contract for breach thereof when any of the following conditions are present:

a) Due to the Contractor’s fault and while the project is on-going, it has incurred negative slippage of fifteen percent (15%) or more in accordance with Presidential Decree No. 1870, s. 1983;

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

c) The Contractor abandons the contract works, plainly demonstrates an intention not to continue the performance of the Contractor’s obligations under the contract, refuses or fails to comply with the Procuring Entity’s instructions, or fails to proceed expeditiously and without delay despite a written notice by the Procuring Entity;

d) When the Contractor, without reasonable excuse, fails to comply with the Notice of Rejection given by the Project Engineer that, after examination therein, the Infrastructure Project is found to be defective or otherwise not in accordance with the Contract, or a Project Engineer’s instruction to conduct remedial work, within 30 days after receiving the said notice;

e) The Contractor does not actually have on the project site the minimum essential equipment listed on the Bid necessary to prosecute the Works in accordance with the approved work plan and equipment deployment schedule as required for the project;

f) The Contractor does not execute the Works in accordance with the contract or persistently or flagrantly neglects to carry out its obligations under the contract;

g) The Contractor neglects or refuses to remove materials or to perform a new work that has been rejected as defective or unsuitable;

h) The Contractor subcontracts any part of the contract works without approval by the Procuring Entity; or i) The Contractor becomes bankrupt or insolvent; goes into liquidation, administration, reorganization, winding-up, or dissolution; becomes subject to the appointment of a liquidator, receiver, administrator, manager, or trustee; enters into a composition or arrangement with the Contractor’s creditors; or any act is done or any event occurs which is analogous to or has a similar effect to any of these acts or events under applicable laws. 21.2 All materials on the Site, Plant, Works, including Equipment paid under this Contract, including those identified by the Procuring Entity in the SCC pursuant

72 to GCC Clause 9.1, shall be deemed to be the property of the Procuring Entity if this Contract is terminated because of the Contractor's breach.

22) Termination Due to Force Majeure 22.1 For purposes of this Contract the terms “force majeure” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which could not have been foreseen, or though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions, and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor. 22.2 If this Contract is discontinued by an outbreak of war or by any other similar event entirely outside the control of either the Procuring Entity or the Contractor, the Procuring Entity shall certify that this Contract has been discontinued. The Contractor shall make the Site safe and stop work as quickly as possible after receiving the certificate and shall be paid for all Works carried out before receiving it and for any Work carried out afterwards to which a commitment was made by the Procuring Entity. 22.3 If the event continues for a period of eighty-four (84) days, either party may then give notice of termination, which shall take effect twenty-eight (28) days after the giving of the notice. 22.4 After termination, the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the materials and Plant, in relation to GCC Clause 9.1 and 21.2, adjusted by the following:

(a) any sum to which the Contractor is entitled under GCC Clause 30; and (b) any sum to which the Procuring Entity is entitled. 22.5 The net balance due shall be paid or repaid within a reasonable time period from the time of the notice of termination.

23) Termination by Contractor The Contractor may terminate this Contract with the Procuring Entity if the Works are completely stopped for a continuous period of at least sixty (60) calendar days through no fault of its own, due to any of the following reasons:

a) Failure of the Procuring Entity to deliver, within a reasonable time, supplies, materials, right-of-way, or other items it is obligated to furnish under the terms of this Contract;

b) Substantial failure of the Procuring Entity to perform its obligations under the contract, and such failure constitutes a material breach of the Procuring Entity’s obligations under the contract;

c) Prolonged suspension by the Procuring Entity, through no fault of the Contractor, which affects the substantial part of the Infrastructure Project; or d) The prosecution of the Work is disrupted by the adverse peace and order situation, as certified by the Armed Forces of the Philippines Provincial Commander and approved by the Secretary of National Defense.

73 24) Termination for Convenience The Procuring Entity, by notice sent to the Contractor, may terminate the Contract, in whole or in part, at any time, if it has determined the existence of any of the following conditions that make contract implementation economically, financially, or technically impractical or unnecessary:

a) If physical and economic conditions have significantly changed so as to render the project no longer economically, financially, or technically feasible, as determined by the HoPE; or b) The HoPE has determined the existence of conditions that make project implementation impractical or unnecessary, such as, but not limited to, fortuitous events, changes in laws and government policies.

25) Termination for Unlawful Acts The Procuring Entity may terminate the contract in case it is determined prima facie that the Contractor, including any joint venture partner therein, has engaged, before or during the implementation of the contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. These unlawful acts include, but are not limited to, the following:

a) Corrupt, fraudulent, collusive, coercive, and obstructive practices as defined in ITB Clause 3.1, unless otherwise specified in the SCC;

b) Drawing up or using forged documents;

c) Using adulterated materials, means, or methods, or engaging in production contrary to rules of science or trade; or d) Any other act analogous to the foregoing.

26) Termination for Other Causes 26.1 The Procuring Entity may terminate this Contract, in whole or in part, at any time for its convenience. The HoPE may terminate this Contract for the convenience of the Procuring Entity if physical and economic conditions have significantly changed so as to render the project no longer economically, financially, or technically feasible, as determined by the HoPE; or if the HoPE has determined the existence of conditions that make project implementation impractical or unnecessary, such as, but not limited to, fortuitous events, changes in laws and government policies. 26.2 The Procuring Entity or the Contractor may terminate this Contract if the other party causes a fundamental breach of this Contract. 26.3 Other breaches of Contract shall include, but shall not be limited to, the following:

a) The Contractor stops work for twenty-eight (28) days when no stoppage of work is shown on the current Program of Work and the stoppage has not been authorized by the Procuring Entity;

74 b) The Procuring Entity instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within twenty-eight (28) days;

c) A payment certified by the Procuring Entity is not paid to the Contractor within eighty-four (84) days from the date of the Procuring Entity’s certificate;

d) The Procuring Entity gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Procuring Entity;

e) The Contractor does not maintain a Security, which is required; and f) The Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the GCC 18. 26.4 The Funding Source or the Procuring Entity, as appropriate, will seek the imposition of administrative sanctions as prescribed by RA No. 12009 and without prejudice to the imposition of civil and criminal sanctions as provided under applicable against individuals and organizations deemed to be involved with corrupt, fraudulent, or coercive practices. 26.5 When persons from either party to this Contract gives notice of a fundamental breach to the Procuring Entity in order to terminate the existing contract for a cause other than those listed under GCC Clause 26.3, the Procuring Entity shall decide whether the breach is fundamental or not. 26.6 If this Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible.

27) Procedures for Termination of Contracts 27.1 The following provisions shall govern the procedures for the termination of this Contract:

a) Verification - Upon receipt of a written report of acts or causes which may constitute grounds for termination as aforementioned, or upon its own initiative, the End-User or Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such grounds and cause the execution of a Verified Report, with all relevant evidence attached;

b) Notice to Terminate - Upon recommendation by the End-User or Implementing Unit, the HoPE shall terminate contracts only by written notice to the Contractor conveying the termination of the contract. The notice shall state:

(i) that the Contract is being terminated for any of the grounds aforementioned, and a statement of the acts that constitute the grounds constituting the same;

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

75 (iii) an instruction to the Contractor to show cause as to why this contract should not be terminated; and (iv) special instructions of the Procuring Entity, if any. The Notice to Terminate shall be accompanied by a copy of the Verified Report;

c) Show Cause - Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Contractor shall submit to the HoPE a verified position paper stating why the contract should not be terminated. If the Contractor fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the HoPE shall issue an order terminating the contract;

d) Rescission of Notice of Termination - The Procuring Entity may, at any time before receipt of the Contractor’s verified position paper, withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Contractor’s receipt of the notice;

e) Decision - Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the HoPE shall decide whether or not to terminate the contract. It shall serve a written notice to the Contractor of its decision and, unless otherwise provided, the contract is deemed terminated from receipt of the Contractor of the notice of the decision. The termination shall only be based on the grounds stated in the Notice to Terminate.

f) Contract Termination Review Committee (CTRC) - The HoPE may create a committee to assist him in the discharge of its functions under the IRR. All decisions recommended by the CTRC shall be subject to the approval of the HoPE g) Take-over of Contracts - If a Procuring Entity terminates the contract due to default, insolvency, or for cause, it may enter into a Negotiated Procurement (Take-over of Contracts) pursuant to Section 35.3 of the IRR.

h) Notice by Contractor - The Contractor must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity. 27.2 Notwithstanding Section 99 of RA No. 12009 and as provided by applicable laws, the Procuring Entity shall impose on Contractors after the termination of the contract, the penalty of suspension for one (1) year for the first offense, suspension for two (2) years for the second offense from participating in the public bidding process, for violations committed during the contract implementation stage, as stated in the SCC.

28) Approval of Drawings and Temporary Works by the Procuring Entity 28.1 All Drawings prepared by the Contractor for the execution of the Temporary Works, are subject to prior approval by the Procuring Entity before its use.

76 28.2 The Contractor shall be responsible for design of Temporary Works. 28.3 The Procuring Entity’s approval shall not alter the Contractor’s responsibility for design of the Temporary Works. 28.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, when required by the Procuring Entity.

29) Acceleration and Delays Ordered by the Procuring Entity 29.1 When the Procuring Entity wants the Contractor to finish before the Intended Completion Date, the Procuring Entity will obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Procuring Entity accepts these proposals, the Intended Completion Date will be adjusted accordingly and confirmed by both the Procuring Entity and the Contractor. 29.2 If the Contractor’s Financial Proposals for an acceleration are accepted by the Procuring Entity, they are incorporated in the Contract Price and treated as a Variation.

30) Contractor's Right to Claim If the Contractor incurs cost as a result of any of the events under GCC Clauses 22, 23 and 24 in relation to GCC Clause 20, the Contractor shall be entitled to the amount of such cost. If as a result of any of the said events, it is necessary to change the Works, this shall be dealt with as a Variation.

31) Dayworks 31.1 Subject to GCC Clause 40 on Variation Order, and if applicable as indicated in the SCC, the Contractor shall determine the Dayworks rates to be included or indicated in the Bid. The Dayworks rates in the Contractor’s bid shall be used for small additional amounts of work only when the Procuring Entity has given written instructions in advance for additional work to be paid for in that way. 31.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Procuring Entity. Each completed form shall be verified and signed by the Procuring Entity within two (2) days of the work being done. 31.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms from both the Procuring Entity and Contractor.

32) Early Warning 32.1 The Contractor shall warn the Procuring Entity at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works. 32.2 The Contractor shall cooperate with the Procuring Entity in making and

considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Procuring Entity. Should such events or circumstances arise which increase the Contract price or delay the execution of Works, the provisions on variation order shall apply.

77 33) Program of Work 33.1 Within the time stated in the SCC, the Contractor shall submit to the Procuring Entity for approval a Program of Work showing the general methods, arrangements, order, and timing for all the activities in the Works that shall include, among others:

a. The order in which it intends to carry out the work including anticipated timing for each stage of design/detailed engineering and construction

b. Periods for review of specific outputs and any other submissions and approvals

c. Sequence of timing for inspections and tests as specified in the contract documents

d. General description of the design and construction methods to be adopted

e. Number and names of personnel to be assigned for each stage of the work

f. List of equipment required on site for each major stage of the work

g. Description of the quality control system to be utilized for the project.

h. PERT/CPM Diagram or Precedence Diagram and Bar Chart with S- Curve, distinguishing between the design and construction stages, but considering possible overlaps in design and construction if sectional completion of the Works is provided in accordance with GCC Clause 6.6. 33.2 An update of the Program of Work shall show the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities. 33.3 The Contractor shall submit to the Procuring Entity 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 may withhold the amount stated in the SCC from the next payment schedule and continue to withhold this amount until the next payment after the date on which the overdue Program of Work has been submitted. 33.4 The Procuring Entity’s approval of the Program of Work shall not alter the Contractor’s obligations. A revised Program of Work produced by the Contactor shall show the effect of any approved Variations, and shall include all Variations. The Contractor may revise the Program of Work, based on the Variation Order, and submit it to the Procuring Entity again. 33.5 When the Program of Work is updated, the Contractor shall provide the Procuring Entity with an updated cash flow forecast. The cash flow forecast shall include different currencies, as defined in the Contract, converted as necessary using the Contract exchange rates.

78 34) Management Conferences 34.1 Either the Procuring Entity or the Contractor may require the other to attend a Management Conference. The Management Conference shall review the plans for remaining work and deal with matters raised in accordance with the early warning procedure. 34.2 The Procuring Entity shall record the business of Management Conferences and provide copies of the record to those attending the Conference and to the Procuring Entity. The responsibility of the parties for the actions to be taken shall be decided by the Procuring Entity either at the Management Conference or after the Management Conference. The Procuring Entity shall communicate these responsibilities in writing to all who attended the Conference.

35) Bill of Quantities 35.1 The Bill of Quantities shall contain items of work for the construction, installation, testing, commissioning of work, materials, and labor among others, to be done by the Contractor. 35.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item. 35.3 If the final quantity of any work item completed differs from the quantity indicated in the Bill of Quantities, and the difference does not exceed twenty-five percent (25%) of the original quantity for that item, the Procuring Entity shall adjust the Contract accordingly. This shall be allowed only if the total amount of all such changes does not go beyond ten percent (10%) of the total Contract price, subject to applicable laws, rules, and regulations. 35.4 If requested by the Procuring Entity, the Contractor shall provide the Procuring Entity with a detailed cost breakdown of any rate in the Bill of Quantities.

36) Instructions, Inspections and Audits 36.1 The Procuring Entity shall at all reasonable times during construction of the Works be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of the construction. 36.2 If the Procuring Entity instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a defect and the test shows that it does, the Contractor shall pay for the test and any samples. In the absence of any defect, the test shall be a compensation event with no adverse consequences to the contractor. 36.3 The Contractor shall permit the Funding Source named in the SCC to inspect the Contractor’s accounts and records relating to the performance of the Contractor and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source.

79 37) Identifying Defects The Procuring Entity shall check the Contractor’s work and notify the Contractor of any defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Procuring Entity may instruct the Contractor to check noted defects and test any work that the Procuring Entity considers as substandard and/or defective.

38) Correction of Defects 38.1 The Procuring Entity shall give notice to the Contractor of any defects before the end of the Defects Liability Period, which is one (1) year from project completion up to final acceptance by the Procuring Entity. 38.2 Every time notice of a defect is given, the Contractor shall correct the notified defect within ninety (90) calendar days from the time the HoPE has issued an order to undertake repair. 38.3 The Contractor shall correct the defects which they notice themselves before the end of the Defects Liability Period. 38.4 The Procuring Entity shall certify that all defects have been duly corrected.

39) Uncorrected Defects 39.1 The Procuring Entity shall give the Contractor at least fourteen (14) days' notice of its intention to use a third party to correct a Defect. If the Contractor does not correct the Defect himself within the period, the Procuring Entity may have the Defect corrected by the third party. The cost of the correction will be deducted from the Contract Price. 39.2 The use of a third party to correct defects that are uncorrected by the Contractor will in no way relieve the Contractor of its liabilities and warranties under the Contract.

40) Variation Orders 40.1 Variation Orders may be issued by the Procuring Entity to cover any increase or decrease in quantities, including the introduction of new work items that are not included in the original contract or reclassification of work items that are either due to change of plans, design or alignment to suit actual field conditions resulting in disparity between the preconstruction plans used for purposes of bidding and the "as staked plans" or construction drawings prepared after a joint survey by the Contractor and the Government after award of the contract. Provided, That in case of positive or additive Variation Order/s, the cumulative amount thereof shall not exceed ten percent (10%) of the original contract price; Provided, further, That the scope of works shall not be reduced as to accommodate a positive Variation Order. In all cases, the addition of works under Variation Orders should be within the general scope of the project as bid and awarded. 40.2 Any cumulative positive Variation Order beyond ten percent (10%) of the original contract price shall be the subject of another procurement project to be bid out if the Works are separable from the original contract. In exceptional cases where it is urgently necessary to complete the original scope of work, the HoPE, upon the recommendation of the End-User or Implementing Unit, may

80 authorize positive Variation Order/s resulting to a cumulative value of the positive Variation Orders beyond ten percent (10%) but not more than twenty percent (20%) of the original contract price. All progress payments shall first be charged against the advance payment until the latter has been fully exhausted, at the option of the Procuring Entity. 40.3 A Variation Order may either be in the form of a Change Order or Extra Work Order:

a) A Change Order may be issued by the HoPE or duly authorized representative to cover any increase or decrease in quantities of original work items in the contract.

b) An Extra Work Order may be issued by the implementing official to cover the introduction of new work necessary for the completion, improvement or protection of the project which was not included as items of work in the original contract, such as, where there are subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or where there are duly unknown physical conditions at the site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work or character provided for in the contract. 40.4 For Variation Orders, the Contractor shall be paid for additional work items whose unit prices shall be derived based on the following:

a) For additional or extra works duly covered by Change Orders involving work items which are exactly the same or similar to those in the original contract, the applicable unit prices of work items original contract shall be used.

b) For additional or extra works duly covered by Extra Work Orders involving new work items that are not in the original contract, the unit prices of the new work items shall be based on the direct unit costs used in the original contract (e.g., unit cost of cement, rebars, form lumber, labor rate, equipment rental, etc.). All new components of the new work item shall be fixed prices; Provided, The same is acceptable to both the Government and the Contractor; Provided further, That the direct unit costs of new components shall be based on the Contractor's estimate as validated by the Procuring Entity concerned via documented canvass in accordance with existing rules and regulations. The direct cost of the new work item shall then be combined with the mark-up factor (i.e., taxes and profit) used by the Contractor in its bid to determine the unit price of the new work item. 40.5 Under no circumstances shall a Contractor proceed to commence work under any Change Order or Extra Work Order unless it has been approved by the HoPE or its duly authorized representative. However, under any of the following conditions, the Procuring Entity’s representative or Project Engineer may, subject to the availability of funds and within the limits of its delegated authority, allow the immediate start of work under any Change Order or Extra Work Order:

81 a) In the event of an emergency where the prosecution of the work is urgent to avoid detriment to public service, or damage to life and/or property; and/or b) When time is of the essence; Provided, however, that such approval is valid on work done up to the point where the cumulative increase in value of work on the project which has not yet been duly fully approved does not exceed five percent (5%) of the adjusted original contract price. Provided, further, that immediately after the start of work, the corresponding Change Order or Extra Work Order shall be prepared and submitted for approval in accordance with the abovementioned rules. Payments for Works satisfactorily accomplished on any Change Order or Extra Work Order may be made only after approval of the same by the HoPE or its duly authorized representative. Provided, finally, that for a Change Order or Extra Work Order involving a cumulative amount exceeding five percent (5%) of the original contract price, no work thereon may be commenced unless said Change Order or Extra Work Order has been approved by the HoPE or its duly authorized representative. 40.6 As a rule, changes in design and construction requirements shall be limited only to those that have not been anticipated in the Contract documents prior to Contract signing and approval. The following guidelines shall govern for the approval for Variation Orders (VOs):

a. All Variation Orders shall be based on and consistent with the Detailed Engineering Design (DED), and both shall conform to the requirements confirmed and accepted by the Procuring Entity

b. VOs resulting from design errors, omissions, or non-conformance with the MPSS and the Contract documents by the Contractor shall be implemented by the Contractor at no additional cost to the Procuring Entity.

c. If the Contractor suffers delay and/or incurs costs due to changes or errors in the Procuring Entity’s MPSS, they shall be entitled to either one of the following:

1. An extension of time for any such delays under Section 71.2.3 of the 2025 IRR of RA No. 12009.

2. Payment for such costs as specified in the contract documents, provided that the cumulative amount of the VOs does not exceed ten percent (10%) of the original contract price.

41) Contract Completion Once the project reaches an accomplishment of ninety-five percent (95%) of the total contract amount, the Procuring Entity may constitute an inspectorate team to conduct preliminary inspection and submit a punch-list to the Contractor in preparation for the final turnover of the project. Said punch-list will contain, among others, the remaining

82 Works, Work deficiencies for necessary corrections, and the specific duration/time to fully complete the project within the approved remaining contract time. This, however, shall not preclude the claim of the Procuring Entity for liquidated damages, if applicable.

42) Suspension of Work 42.1 The Procuring Entity shall have the authority to suspend the work wholly or partly by written order for such period as may be deemed necessary, due to force majeure or any fortuitous event or for failure on the part of the Contractor to correct bad conditions which are unsafe for workers or for the general public, to carry out valid orders given by the Procuring Entity or to perform any provisions of the contract, or due to adjustment of plans to suit field conditions as found necessary during construction. The Contractor shall immediately comply with such order to suspend the work wholly or partly. 42.2 The Contractor or its duly authorized representative shall have the right to suspend work operation on any or all projects or activities along the critical path of activities after fifteen (15) calendar days from date of receipt of written notice from the Contractor to the district engineer, regional director, consultant or equivalent official, as the case may be, due to the following:

a) There exist right-of-way problems which prohibit the Contractor from performing work in accordance with the approved construction schedule.

b) Requisite construction plans which must be owner furnished are not issued to the Contractor precluding any work called for by such plans.

c) Peace and order conditions that make it extremely dangerous, if not possible, to work. However, this condition must be certified in writing by the Philippine National Police station which has responsibility over the affected area and confirmed by the Department of the Interior and Local Government (DILG) Regional Director.

d) There was a failure on the part of the Procuring Entity to deliver government-furnished materials and equipment as stipulated in the contract.

e) Delay in the payment of Contractor's claim for progress billing beyond forty-five (45) calendar days from the time the Contractor's claim has been certified by the Procuring Entity’s authorized representative that the documents are complete, unless there are justifiable reasons for the delay in payment which shall be communicated in writing to the Contractor. 42.3 In case of total suspension, or suspension of activities along the critical path, which is not due to any fault of the Contractor, the elapsed time between the effectivity of the order suspending operation and the order to resume work shall be allowed to the Contractor by adjusting the contract time accordingly. 42.4 The issuance of a Work Suspension Order shall not be an automatic contract time extension. A corresponding time extension, complete with the documentary requirements has to be approved by the authorized DPWH official in lieu of suspension, subject to evaluation to consider pre-determined

83 unworkable days, bond extension, quit claim for damages, and their effect on the approved PERT/CPM schedule in order to reflect the official revised contract time and expiry date as a result of such extension. If the suspension is due to any fault of the contractor, no contract time extension shall be granted.

43) Payment on Termination 43.1 If the Contract is terminated because of a breach of Contract by the Contractor, the Procuring Entity shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate, and less the percentage to apply to the value of the work not completed, as indicated in the SCC. Additional liquidated damages shall not apply. If the total amount due to the Procuring Entity exceeds any payment due to the Contractor, the difference shall be a debt payable to the Procuring Entity. 43.2 If the Contract is terminated for the Procuring Entity’s convenience, or due to a breach of Contract by the Procuring Entity, the Procuring Entity shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate. 43.3 The net balance due shall be paid or repaid within twenty-eight (28) days from the notice of termination. 43.4 If the Contractor has terminated the Contract under GCC Clauses 23 to 24, the Procuring Entity shall promptly return the Performance Security to the Contractor.

44) Extension of Contract Time 44.1 Should the amount of additional work or other special circumstances warrant the entitlement of the Contractor to an extension of contract time, the Procuring Entity shall determine the amount of such extension; Provided, That the Contractor has notified the Procuring Entity of its claim for extension of contract time prior to the expiration of the contract time, and within thirty (30) calendar days after the additional work has been commenced or the circumstances leading to such claim have arisen, as the case may be, in order to give the Procuring Entity the opportunity to investigate the claim. Failure to provide such notice shall constitute a waiver of such a claim by the Contractor. Upon receipt of full and detailed particulars, the Procuring Entity shall examine the facts and extent of the delay and shall extend the contract time to complete the contract work when, in the Procuring Entity's opinion, the findings of facts justify an extension. 44.2 No extension of contract time shall be granted to the Contractor due to ordinary unfavorable weather conditions and inexcusable negligence of the Contractor to provide the required equipment, supplies, or materials. 44.3 Extension of contract time may be granted only when the affected activities fall within the critical path of the PERT, CPM, Precedence Diagram Method or any other project management tool.

84 44.4 No extension of contract time shall be granted when the reason given to support the request for extension was already considered in the determination of the original contract time during the conduct of detailed engineering and in the preparation of the contract documents as agreed upon by the parties before contract perfection. 44.5 Extension of contract time may be granted in the cases indicated in the SCC. 44.6 The written consent of the bank, or surety or insurance company, as the case may be, must be attached to any request of the Contractor for extension of contract time and submitted to the Procuring Entity for consideration and the validity of the Performance Security shall be correspondingly extended. 44.7 The Procuring Entity shall extend the Intended Completion Date if a Variation is issued which makes it impossible for the Intended Completion Date to be achieved by the Contractor without taking steps to accelerate the remaining work, which would cause the Contractor to incur additional costs. No payment shall be made for any event which may warrant the extension of the Intended Completion Date. 44.8 The Procuring Entity shall decide whether and by how much to extend the Intended Completion Date within twenty (20) days of the Contractor asking the Procuring Entity for a decision thereto after fully submitting all supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

45) Price Escalation In the event of an extraordinary increase in prices of specific components of the Infrastructure Project, price escalation may be considered, subject to prior approval of the GPPB. If the cost of construction components increases by more than ten percent (10%) of the unit price of work items, as determined against the prevailing price indices of the PSA, a price escalation may be authorized at a no-loss, no-gain basis, using the appropriate formula prescribed by the GPPB. For the purpose of this Section, the PSA shall ensure that its price indices are region-specific and updated on a monthly basis 46) Completion and Acceptance 46.1 The issuance of a Certificate of Completion shall be subject to the following:

a. Upon receipt of notice from the contractor that the project is completed, the HoPE shall instruct its Inspectorate Team to conduct an inspection of the project and to submit its Completion Inspection Report within fifteen (15) days, indicating any construction defects/deficiencies detected and the corresponding measures that must be taken by the contractor to correct them. If no defects/deficiencies are detected, the report is considered as the Final Completion Inspection Report.

b. Based on the Inspection Report, the HoPE shall issue to the Contractor a Notice of Defects/Deficiencies and Required Corrective Repair Works, with the instructions for the Contractor to commence the repair works within seven (7) days and to complete the works within thirty (30) days.

85 c. Upon receipt of advice from the Contractor that the defects and deficiencies indicated in the said Notice have been corrected, the HoPE shall instruct the Inspectorate Team to conduct an inspection of the project and to submit its Completion Inspection Report within seven (7) days. If the report shows that the defects/deficiencies have been satisfactorily corrected, the report is considered as the Final Completion Inspection Report. Otherwise, the process is repeated until the noted defects/deficiencies have been satisfactorily corrected.

d. Upon the receipt of the Final Completion Inspection Report from the Inspectorate Team, the HoPE shall issue the Certificate of Completion of the project, certifying that the Project has been satisfactorily completed as of the date indicated in the Final Inspection Report. 46.2 The Certificate of Acceptance shall be issued by the HoPE at the end of the one-year Defects Liability period, after all defects/ deficiencies, if any, shall have been repaired by the Contractor to the satisfaction of the same Inspectorate Team of the Procuring Entity mentioned above and upon submission of the Warranty Certificate by the Contractor in accordance with the provisions of GCC Clause 15. The issuance of a Certificate of Acceptance shall be subject to the following:

a. Upon receipt of notice from the Contractor that the project is ready for inspection after the one-year Defects Liability Period from the issuance of the Certificate of Completion, the HoPE shall instruct its Inspectorate Team to conduct an inspection of the project and to submit its Inspection Report within fifteen (15) calendar days, indicating any construction defects/deficiencies detected and the corresponding measures that must be taken by the Contractor to correct them. If no defects/deficiencies are detected, the report is considered as the Final Acceptance Inspection Report.

b. Based on the Inspection Report, the HoPE shall issue to the Contractor a Notice of Defects/Deficiencies and Required Corrective Repair Works, with the instructions for the Contractor to commence the repair works within seven (7) calendar days and to complete the works within ninety (90) days.

c. Upon receipt of advice from the contractor that the defects/deficiencies in the said Notice have been corrected, the HoPE shall instruct the Inspectorate Team to conduct an inspection of the project and to submit its Acceptance Inspection Report within seven (7) days. If the report shows that the defects/deficiencies have been satisfactorily corrected, the report is considered as the Final Acceptance Inspection Report. Otherwise, the process is repeated until the noted defects/deficiencies have been satisfactorily corrected.

d. Upon the receipt of the Final Acceptance Report, the Head of the Implementing Office shall issue the Certificate of Acceptance.

47) Taking Over The Procuring Entity shall take over the Site and the Works within seven (7) days from the date of issuance of a Certificate of Completion; Provided, That it shall not release the Contractor of its responsibilities within the defects liability period.

86 48) DAED, As-Built Drawings, and Operating and Maintenance Manuals 48.1 The Contractor shall turn over to the Procuring Entity one soft copy and one hard copy of all DAED documents, upon certification and acceptance of the DAEDs by the Procuring Entity. 48.2If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the SCC. 48.3 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the SCC, or they do not receive the Procuring Entity’s approval, the Procuring Entity shall withhold the amount stated in the SCC from payments due to the Contractor.

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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. The provisions of this Section 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 Section IV. General Conditions of Contract must be incorporated.

b) Amendments and/or supplements to provisions of Section IV. General Conditions of Contract, as necessitated by the circumstances of the specific project, must also be incorporated. However, no special condition which defeats or negates the general intent and purpose of the provisions of Section IV. General Conditions of Contract should be incorporated herein.

88 Special Conditions of Contract GCC Clause

1.1 The Intended Completion Date is [Insert date]. NOTE: The contract duration shall be reckoned from the start date and not from contract effectivity date. 1.2 The Procuring Entity is [Insert full name and address of the Procuring Entity]. 1.3 The Site is a collection of Sites listed in Annex A of these Special Conditions of Contract. 1.4 The start date shall be the date of receipt of the Notice to Proceed. 1.5 The Works consist of [insert a brief summary, including relationship to other contracts under this Project]. 2.2 Not applicable 5.1 The Procuring Entity shall give possession of all parts of the Site to the Contractor upon the issuance of the Notice to Proceed. 6.5 The Contractor shall employ the following Key Personnel:

Key Personnel for the Design Activities Position No. Minimum Total Work Experience (years) Minimum Total Similar Work Experience (Years) Qualifications

Key Personnel for Construction/Civil Works Activities Position No. Minimum Total Work Experience (years) Minimum Total Similar Work Experience (Years) Qualifications

89 6.6 The contractor may prepare sectional DEDs and submit then to the Procuring Entity for review, certification, and acceptance, and the corresponding partial NTP for Construction. 7.1 All sub-contracts shall be subject to prior approval of the appropriate official of the Procuring Entity within the limits of his delegated authority. The Contractor may subcontract portions of the infrastructure contract Works to such an extent as may be approved by the Procuring Entity and stated in the SCC, provided that the Contractor shall directly undertake, using its own resources, not less than fifty percent (50%) of the contract works in terms of cost. The bidder/main contractor may identify the subcontractors to whom portions of the contract work will be subcontracted at any stage of the bidding process or during contract implementation, provided that any subcontracting requires prior approval of the Procuring Entity. Subcontractors identified during the bidding may be changed during the implementation of the contract, subject to compliance with the eligibility requirements and the approval of the Procuring Entity. 7.2(c) Each subcontractor must comply with the eligibility criteria as specified in Section 52.4.2 of the IRR of RA 12009 for the portion of the infrastructure Contract works to be subcontracted to that subcontractor, e.g., an applicable license from the Philippine Constructors Accreditation Board, satisfactory completion of infrastructure similar to the portion of the contract to be subcontracted and costing at least fifty percent (50%) of the cost of such portion, and sufficient Net Financial Contracting Capacity, as well as minimum equipment and manpower. 7.2(d) Subcontracting of any portion of the contract shall not relieve the main contractor from any liability or obligation that may arise from the contract 8.1 The Procuring Entity shall, upon a written request of the Contractor which shall be submitted as a Contract document, make an Advance Payment to the Contractor in an amount not to exceed fifteen percent (15%) of the total Contract Price, to be made in two installments, as follows:

a. The first installment, which will be used in the design component of the Contract, shall be in an amount not exceeding fifteen percent (15%) of the Detailed Engineering Design portion of the Contract Cost. The second installment, which will be used in the construction component of the Contract, shall be in an amount not exceeding fifteen percent (15%) of the civil works portion of the Contract Cost. 9.1 No further instructions. 9.4 The advance payment shall be repaid by the contractor by deducting fifteen percent (15%) from his periodic progress payments a percentage equal to the percentage of the total contract price used for the advance payment.

90 The first progress payment may be paid by the Procuring Entity to the Contractor; Provided, That at least twenty percent (20%) of the Works has been accomplished as certified by the Procuring Entity. 12.4 The Performance Security may be released by the Procuring Entity and returned to the Contractor after the issuance of the Certificate of Final Acceptance, subject to the following conditions, provided that the Performance Security is replaced by a Warranty Security against structural defects and/or failure as provided in GCC Clause 15:

a. There are no pending claims against the Contractor or the surety company filed by the Procuring Entity b. The Contractor has no pending claims for labor and materials filed against it

12.7 No further instructions. 13 Not applicable for Design and Build contracts. 15.1 Any errors, omissions, inconsistencies, inadequacies, or failure in the design submitted and works undertaken by the contractor that do not comply with the requirements shall be corrected at the contractor’s cost, subject to the provisions under GCC Clause 39. If the Contractor wishes to modify any design or document that has been previously submitted, reviewed and approved, the Contractor shall notify the procuring entity within a reasonable period of time, subject to the same review and approval process, and shall shoulder the cost of such changes.

The Contractor shall assume full responsibility for any damage or destruction of the works except those occasioned by force majeure, safety, protection, security, and convenience of its personnel, third parties, and the public at large, as well as the works, equipment, installation and the like to be affected by its construction work.

15.3 No further instructions. 15.5 In case of permanent structures, such as buildings of types 4 and 5 as classified under the National Building Code of the Philippines and other structures made of steel, iron, or concrete which comply with relevant structural codes (e.g., DPWH Standard Specifications), such as, but not limited to, steel/concrete bridges, flyovers, aircraft movement areas, ports, dams, tunnels, filtration and treatment plants, sewerage systems, power plants, transmission and communication towers, railway system, and other similar permanent structures: Fifteen (15) years. 18.1 The Procuring Entity may deduct liquidated damages from payments due to the Contractor. 19.2 The Arbitrator is the person appointed jointly by the Procuring Entity and the Contractor: [Insert name]

91 [Insert address] 20 All partners to the joint venture shall be jointly and severally liable to the Procuring Entity. 25(a) No further instructions. 27.2 a) Failure of the Contractor, due solely to its fault or negligence, to mobilize and start work or performance within the specified period in the Notice to Proceed (“NTP”);

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

i) Employment of competent technical personnel, competent engineers and/or work supervisors; ii) Provision of warning signs and barricades in accordance with approved plans and specifications and contract provisions; iii) Stockpiling in proper places of all materials and removal from the project site of waste and excess materials, including broken pavement and excavated debris in accordance with approved plans and specifications and contract provisions; iv) Deployment of committed equipment, facilities, support staff and manpower; and v) Renewal of the effectivity dates of the performance security after its expiration during the course of contract implementation.

c) Assignment and subcontracting of the contract or any part thereof or substitution of key personnel named in the proposal without prior written approval by the Procuring Entity.

d) Poor performance by the Contractor or unsatisfactory quality and/or progress of work arising from its fault or negligence as reflected in the CPES rating sheet. In the absence of the CPES rating sheet, the existing performance monitoring system of the Procuring Entity shall be applied. Any of the following acts by the Contractor shall be construed as poor performance:

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

92 ii) Quality of materials and workmanship not complying with the approved specifications arising from the Contractor's fault or negligence.

e) Willful or deliberate abandonment or non-performance of the project or contract by the Contractor resulting to substantial breach thereof without lawful and/or just cause.

In addition to the penalty of suspension, the performance security posted by the Contractor shall also be forfeited. 31.1 No dayworks are applicable to the contract. 33.1 The Contractor shall submit a detailed Program of Work to the Procuring Entity within [insert number] days after the issuance of the Notice to Proceed for approval by the procuring entity that shall include, among others:

a. The order in which it intends to carry out the work including anticipated timing for each stage of design/detailed engineering and construction

b. Periods for review of specific outputs and any other submissions and approvals

c. Sequence of timing for inspections and tests as specified in the contract documents

d. General description of the design and construction methods to be adopted

e. Number and names of personnel to be assigned for each stage of the work

f. List of equipment required on site for each major stage of the work

g. Description of the quality control system to be utilized for the project.

h. PERT/CPM Diagram or Precedence Diagram and Bar Chart with S-Curve, distinguishing between the design and construction stages, but considering possible overlaps in design and construction if sectional completion of the Works is provided in accordance with Additional GCC Clause 6.6.

33.2 All variations shall be included in an updated Program of Work produced by the Contractor. 33.3 The period between Program of Work updates is [insert number] days. The amount to be withheld for late submission of an updated Program of Work is [insert amount].

93 36.3 The Funding Source is the Government of the Philippines. 43.1 The percentage to apply to the value of the work not completed is [insert percentage]. 44.5 a) rainy/unworkable days considered unfavorable for the prosecution of the Works at the site, based on the actual conditions obtained at the site, in excess of the number of rainy/unworkable days pre-determined by the Procuring Entity in relation to the original contract time during the conduct of detailed engineering and in the preparation of the contract documents as agreed upon by the parties before contract perfection, and/or b) major calamities such as exceptionally destructive typhoons, floods and earthquakes, and epidemics, c) delays attributable to the Procuring Entity, such as non-delivery on time of materials, working drawings, or written information to be furnished by the Procuring Entity, non-acquisition of permit to enter private properties or non-execution of deed of sale or donation within the right-of-way resulting in complete paralyzation of construction activities, and d) other meritorious causes as determined by the Procuring Entity and approved by the HoPE such as shortage of construction materials, general labor strikes, and peace and order problems that disrupt construction operations through no fault of the Contractor may be considered as additional grounds for extension of contract time provided they are publicly felt and certified by appropriate government agencies such as DTI, DOLE, DILG, and DND, among others. 48.1 The date by which operating and maintenance manuals are required is [date]. The date by which “as built” drawings are required is [date]. 48.2 The amount to be withheld for failing to produce “as built” drawings and/or operating and maintenance manuals by the date required is [amount in local currency].

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Section V. Special Conditions of Contract Annex A: List of Sites No. School Name 1 [School Name] 2 [School Name] . [School Name] . [School Name] x [School Name]

95

96

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 Competitive Bidding, Limited Source Bidding, or Competitive Dialogue, 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 PBD. 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. Prudence must be exercised 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 subject to the Procuring Entity’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 at least twenty-eight (28) days prior to the date when the Contractor desires the Procuring Entity’s consent. In the event the Procuring Entity determines that such proposed deviations do not ensure

97 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.

Section VI. Specifications 1. GENERAL REQUIREMENTS 1.1 All works shall conform to the latest editions of the following codes, standards, and issuances: ● DPWH Standard Specifications for Public Work Structures (Buildings, Ports and Harbors, Flood Control and Drainage Structures and Water Supply Systems), Volume III, and other pertinent Department Orders and issuances ● National Building Code of the Philippines (PD 1096) ● Accessibility Law (BP 344) ● The Philippine Green Building Code ● National Structural Code of the Philippines (NSCP) ● Philippine Electrical Code ● Philippine Mechanical Code ● Philippine Electronics Code ● Fire Code of the Philippines ● Uniform Plumbing Code and Revised National Plumbing Code of the Philippines ● Other laws and regulations pertaining to environmental concerns and local ordinances and regulations ● DepEd Order No. 64, Series of 2017 1.2 The Contractor shall furnish all labor, materials, tools, equipment, and supervision necessary for the proper execution and completion of the Works in accordance with the approved plans and specifications. 1.3 All materials to be incorporated into the Works shall be new, unused, and of approved quality, and shall conform to DPWH Standard Specifications and applicable standards. 1.4 The Contractor shall perform all the requirements stipulated in the Detailed Architectural and Engineering (DAED) Plans, Bid Data Sheet, General and Special Condition of Contracts, Bill of Quantities (BOQ), and other particulars mentioned in the Bidding Documents.

2. SITE WORKS 2.1 Site clearing and grubbing shall include the removal and disposal of all vegetation, debris, and other unsuitable materials within the project limits.

98 2.2 Excavation shall be carried out to the required lines, grades, and elevations as indicated in the plans. 2.3 Backfilling shall be performed using approved materials and shall be compacted to not less than ninety-five percent (95%) of the Maximum Dry Density (MDD), as determined by standard testing methods. 2.4 The Contractor shall provide and maintain adequate temporary drainage facilities throughout the duration of construction.

3. EARTHWORKS 3.1 All excavation works shall conform strictly to the lines and grades shown on the structural drawings. 3.2 Compaction shall be undertaken in layers not exceeding 200 mm in thickness. 3.3 Field density tests shall be conducted in accordance with DPWH Standard Specifications to verify compliance with compaction requirements.

4. CONCRETE WORKS 4.1 The minimum compressive strength of concrete shall be in accordance with the requirements specified in the approved plans and structural design. 4.2 Cement shall be Portland Cement conforming to ASTM C150. 4.3 Aggregates shall be clean, durable, and well-graded, in accordance with the latest DPWH Standard Specifications. 4.4 Water used for mixing and curing shall be clean, potable, and free from injurious amounts of oil, acids, alkalis, salts, organic materials, or other deleterious substances.

5. REINFORCING STEEL 5.1 Reinforcing steel bars shall be deformed bars conforming to ASTM A615/PNS 49. 5.2 Installation, spacing, concrete cover, and anchorage of reinforcing steel shall be in accordance with the approved structural plans and specifications.

6. FORMWORKS AND FALSEWORKS 6.1 Formworks shall be properly designed and constructed to maintain the required alignment, lines, and grades. 6.2 Forms shall be sufficiently tight to prevent leakage of mortar and shall be adequately braced to maintain position during concrete placement.

7. CURING 7.1 Concrete curing shall be carried out using methods prescribed in the DPWH Standard Specifications.

8. MASONRY WORKS

99 8.1 All masonry works shall conform to the requirements of the latest DPWH Standard Specification for Masonry Works.

9. STRUCTURAL STEEL 9.1 Structural steel members, including trusses, shall conform to the latest DPWH Standard Specifications for Metal Structures. 9.2 All welding works shall comply with applicable standards of the American Welding Society (AWS).

10. ROOFING WORKS 10.1 Pre-painted metal roofing sheets and accessories shall conform to the latest DPWH Standards Specifications for Pre-painted Metal Roofing.

11. ELECTRICAL WORKS 11.1 All electrical works shall be executed in accordance with the Philippine Electrical Code (PEC) and the approved electrical plans.

12. PLUMBING WORKS 12.1 All plumbing works shall comply with the provisions of the National Plumbing Code of the Philippines and the approved plumbing plans.

13. FIRE PROTECTION 13.1 All fire protection provisions and installations shall comply with the Fire Code of the Philippines (RA 9514) and its Implementing Rules and Regulations.

14. TESTING AND QUALITY CONTROL 14.1 All materials and workmanship shall be subjected to the required testing in accordance with the latest Schedule of Minimum Testing Requirements Governing Items of Work under the DPWH Standard Specifications.

15. PROVISION ON THE USE OF PREFABRICATED NONSTRUCTURAL MEMBERS 15.1 The use of prefabricated nonstructural members shall be subject to compliance with Rule XV, Section 1501 of the National Building Code of the Philippines (PD 1096), including all applicable design, fabrication, testing, and installation requirements.

16. BUILDING DESIGN AND STRUCTURAL SYSTEM 16.1 The structural framing system to be used shall comply with conventional special moment resisting frame systems in accordance with the National Structural Code of the Philippines (NSCP). 16.2 As a minimum, the structural design is based on a “Life-safety” design philosophy wherein the building is expected to achieve a level of performance that permits damage to structural and nonstructural components during a major earthquake without resulting in collapse, thereby allowing occupants to evacuate safely. The structure shall be designed capable of resisting hazards with an annual probability of exceedance in accordance with the provisions of the NSCP.

100

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.

102

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). The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other contractors (refer to GCC Clause 7) 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 winning Bidder as prime Contractor for the use and convenience of the specialist contractors, each related

103 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 its signature. Failure of the authorized representative to sign each and every page of the Bill of Quantities shall be a cause for rejection of its 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.

104

Section IX. Philippine Bidding Documents Related Forms Notes to the Philippine Bidding Document Related Forms The Bidder shall complete and submit with its Bid the Bid Form, together with the Bill of Quantities, detailed estimates that include a summary sheet indicating the unit prices of construction materials, labor rates, and equipment rentals used in coming up with the Bid, and Cash Flow by Quarter, in accordance with ITB Clause 13, and all those requirements indicated in the Bidding Documents and the format set out in this Section. When requested in the BDS, the Bidder should provide the Bid Security, either in the form included hereafter or in another form acceptable to the Procuring Entity, pursuant to ITB Clause 16. The Contract Form, when it is finalized at the time of contract award, should incorporate any correction or modification to the accepted Bid resulting from price corrections. The needed attachments, as aforementioned which form part of the contract should be modified accordingly. The Omnibus Sworn Statement must be completed by all Bidders in accordance with ITB Clause 4.3. Failure to do so and submit it with the Bid shall result in the rejection of the Bid and the Bidder’s disqualification. The Performance Securing Declaration and Bank Guarantee Form for Advance Payment shall be completed only by the successful Bidder in accordance with one of the forms indicated herein or in another form acceptable to the Procuring Entity and pursuant to GCC Clause 12 and its corresponding SCC provision.

105

TABLE OF CONTENTS Letter of Price Bid ........................................................................................................... 108 FORM OF BID SECURITY (BANK GUARANTEE) .......................................................... 110 QUALIFICATION INFORMATION .................................................................................... 112 LETTER OF ACCEPTANCE ............................................................................................ 114 FORM OF CONTRACT AGREEMENT ............................................................................. 115 FORM OF PERFORMANCE SECURITY (BANK GUARANTEE) ..................................... 118 BID-SECURING DECLARATION ..................................................................................... 119 BANK GUARANTEE FOR ADVANCE PAYMENT ........................................................... 120 AFFIDAVIT OF DISCLOSURE OF NO RELATIONSHIP .................................................. 121 CERTIFICATION ON BIDDER'S RESPONSIBILITIES ..................................................... 122 CERTIFICATE OF AUTHENTICITY ................................................................................. 123 OMNIBUS SWORN STATEMENT .................................................................................... 124 FOR CIVIL WORKS.......................................................................................................... 126 LETTER OF NOMINEE FOR [KEY PERSONNEL] .......................................................... 127 [KEY PERSONNEL]’S CERTIFICATE OF EMPLOYMENT .............................................. 129 BIO-DATA ........................................................................................................................ 131 FOR DESIGN SERVICES ................................................................................................. 133 LETTER OF NOMINEE FOR [KEY PESONNEL] ............................................................. 134 [KEY PERSONNEL]’S CERTIFICATE OF EMPLOYMENT .............................................. 136 CONTRACTOR’S CERTIFICATION ON KEY PERSONNEL FOR THE CONTRACT ...... 138 KEY PERSONNEL’S AFFIDAVIT OF COMMITMENT TO WORK ON THE CONTRACT 140 List of Contractor’s Major Construction and Laboratory Equipment Units to be Assigned to the Contract Supported by Certification of Availability .......................... 142 FOR DESIGN AND CONSTRUCTION SERVICES: TECHNICAL ASPECTS................... 143 TPF 1. DESIGNER’S REFERENCES .............................................................................. 144 TPF 2. COMMENTS AND SUGGESTIONS OF DESIGNER ON THE TERMS OF REFERENCE, MINIMUM PERFORMANCE STANDARDS AND SPECIFICATIONS (MPSS), AND DATA PROVIDED BY THE PROCURING ENTITY ................................... 145 TPF 3a. DESCRIPTION OF METHODOLOGY AND WORK PLAN FOR PERFORMING THE PROJECT ................................................................................................................. 146 TPF 3b. CONSTRUCTION MANAGEMENT STRATEGY AND METHOD STATEMENT FOR CONSTRUCTION INCLUDING PERT-CPM ............................................................. 147 TPF 4. TEAM COMPOSITION AND TASKS ................................................................... 149 TPF 5. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF .............................................................................................................................. 150 TPF 6. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL .................................... 152

106 TPF 7a. ACTIVITY (WORK) SCHEDULE (Design) ......................................................... 153 TPF 7b. ACTIVITY (WORK) SCHEDULE (Construction) ............................................... 154 FOR DESIGN SERVICES: FINANCIAL ASPECTS .......................................................... 155 FPF 1. SUMMARY OF COSTS ........................................................................................ 156 SCOPE OF WORK SUMMARY COST ............................................................................. 157 DETAILED UNIT PRICE ANALYSIS ................................................................................ 159

107 Letter of Technical Bid

Date: [insert date of bid submission] Loan Agreement No.: [insert No. of loan] IFB No.: [insert number] Alternative No.: [insert identification No. if this is a Bid for an alternative]

To: [insert full name of Employer]

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including addenda for the Contract [insert name of contract];

(b) We, including subcontractors meet the eligibility requirements in accordance with ITB 8;

(c) We, including subcontractors have no conflict of interest in accordance with ITB 8;

(d) We offer to execute in conformity with the Bidding Documents the following Works: [insert a brief description of the Works];

(e) Our Bid shall be valid for a period of [specify the number of calendar days] days from the date fixed for the Bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(f) We are not participating, as a Bidder or as a subcontractor, in more than one Bid in this bidding process in accordance with ITB 4; and

(g) We hereby certify that we have taken steps to ensure that no person acting for us or on behalf will engage in any type of fraud and corruption.

Name of the Bidder* [insert complete name of person signing the Bid] Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person whose name and capacity are shown above]

Date signed [insert date of signing] day of [insert month] , [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder **: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid.

108 Letter of Price Bid

Date: [insert date of bid submission] Loan Agreement No.: [insert No. of loan] IFB No.: [insert number] Alternative No.: [insert identification No. if this is a Bid for an alternative]

To: [insert full name of Employer]

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including addenda for the Contract [insert name of contract];

(b) We offer to execute Works for this Contract in accordance with the Bid and Bid Data Sheet, General and Special Conditions of Contract accompanying this Bid;

(c) The total price of our Bid, excluding any discounts offered in item (d) below is: In case of only one lot, total price of the Bid [insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies]

[In case of multiple lots, insert the total price of each lot] [In case of multiple lots, insert the total price of all lots (sum of all lots)];

(d) The discounts offered and the methodology for their application are:

The discounts offered are: [specify in detail each discount offered.]

The exact method of calculations to determine the net price after application of discounts is shown below: [specify in detail the method that shall be used to apply the discounts.];

(e) Our Bid shall be valid for a period of [Specify the number of calendar days] days from the date fixed for the Bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(f) If our Bid is accepted, we commit to obtain a Performance Security in accordance with the Bidding Documents;

(g) We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed; and

(h) We understand that you are not bound to accept the lowest evaluated Bid or any other Bid that you may receive.

Name of the Bidder* [insert complete name of person signing the Bid] Name of the person duly authorized to sign the Bid on behalf of the Bidder** [insert complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person whose name and

109 capacity are shown above]

Date signed [insert date of signing] day of [insert month] , [insert year]

*: In the case of the Bid submitted by joint venture specify he name of the Joint Venture as Bidder **: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid.

110 FORM OF BID SECURITY (BANK GUARANTEE)

WHEREAS, [insert name of Bidder] (hereinafter called the “Bidder”) has submitted his bid dated [insert date] for the [insert name of contract] (hereinafter called the “Bid”).

KNOW ALL MEN by these presents that We [insert name of Bank] of [insert name of Country] having our registered office at [insert address] (hereinafter called the “Bank” are bound unto [insert name of PROCURING ENTITY] (hereinafter called the “Entity”) in the sum of [insert amount]14 for which payment well and truly to be made to the said Entity the Bank binds himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _____ day of _________ 20___.

THE CONDITIONS of this obligation are:

a. If the Bidder:

a. withdraws his Bid during the period of bid validity specified in the Form of Bid; or

b. does not accept the correction of arithmetical errors of his bid price in accordance with the Instructions to Bidder; or

b. If the Bidder having been notified of the acceptance of his bid by the Employer during the period of bid validity:

a. fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or

b. fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders.

We undertake to pay to the Entity up to the above amount upon receipt of his first written demand, without the Entity having to substantiate his demand, provided that in his demand the Entity will note that the amount claimed by him is due to him owing to the occurrence of one or both of the TWO (2) conditions, specifying the occurred condition or conditions. The Guarantee will remain in force up to and including the date [insert days]15 days after the deadline for submission of Bids as such the deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date.

14 The Bidder should insert the amount of the guarantee in words and figures, denominated in the currency of the Entity’s country or an equivalent amount in a freely convertible currency. This figure should be the same as shown of the Instructions to Bidders. 15If the Funding Source is ADB, JBIC, or WB, usually 28 days after the end of the validity period of the Bid. Date should be inserted by the Entity before the Bidding Documents are issued.

111 DATE SIGNATURE OF THE BANK

WITNESS SEAL

(Signature, Name and Address)

112 QUALIFICATION INFORMATION

NOTES: The information to be filled in by Bidders in the following pages will be used for purposes of qualification as provided for in Part I, Section II. Eligibility Documents. This information will not be incorporated in the Contract. Attach additional pages as necessary.

1. Individual Bidders or Individual Members of Joint Ventures

1.1 Constitution or legal status of Bidder: [Attach copy]

Place of registration: [Insert place of registration]

Principal place of business: [Insert principal place of business]

Power of attorney of signatory of Bid: [Attach copy]

1.2 Total annual volume of construction work performed in the past five years as listed in the Eligibility Data Sheet, reflected using the currency specified for the Bid.

Annual turnover data (construction only)

Year Turnover in (specified currency) 1.

2.

3.

4.

5.

1.3 Work performed as prime contractor on works of a similar nature and volume over the last ten years. Proof of completion, e.g. Certificate of Completion signed by the Employer or Owner, shall be submitted. Also list details of work under way or committed, including expected completion date.

Project Name and Country Name of Employer and contact person Type of work performed and year of completion Total Value of Contract(in specified currency) 1.

2.

1.4 Major items of contractor’s Equipment proposed for carrying out the Works. List all information requested below.

Item of equipment Description, make, and age(years) Owned, leased (from whom?), or to be purchased (from whom?) 1. [Specify employer requirement]

2.

113 3.

1.5 Qualifications and experience of Contract Manager proposed for administration and execution of the Contract. Attach bio-data.

Name(primary candidate and alternate) Years of experience in similar works Years of experience as Contract Manager 1.

2.

1.6 Financial statements for the last five (5) years. Attach audited financial statements.

1.7 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attaché copies of support documents.

Source of financing Amount in (specified currency) 1.

2.

3.

1.8 Name, address, and telephone and facsimile numbers of banks that may provide references if contacted by the Entity.

1.9 Proposed Program of Work (work method and schedule). Attach descriptions, drawings and charts, as necessary, to comply with the requirements of the Bidding Documents.

1.10 Proposed subcontracts and firms involved.

Section of the Works Value of subcontract Subcontractor (Name and address) Experience in similar work

2. Joint Ventures

2.1 The information listed in 1.1 - 1.9 above shall be provided for each partner of the joint venture.

2.2 Attach the power of attorney of the signatory(ies) of the Bid authorizing signature of the Bid on behalf of the joint venture.

2.3 Attach the Agreement among all partners of the joint venture (and which is legally binding on all partners), which shows that:

(a) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms;

(b) one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and

(c) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge

114 LETTER OF ACCEPTANCE

[Letterhead of the Entity]

Date: [insert date]

To: [Name and address of Contractor]

This is to notify you that your Bid dated [insert date] for execution of the [insert name of Contract and identification number as given in the ITB] for the Contract Price of [insert amount in specified currency], as corrected and/or modified16 if applicable, in accordance with the Instructions to Bidders, is hereby accepted by our Agency.

You are hereby instructed to come to our office located at [insert address] to sign the formal agreement on [date] at [time].

Authorized Signature:

Name:

Designation:

16 Delete “corrected and” or “corrected and modified” if not applicable.

115 FORM OF CONTRACT AGREEMENT PROPOSED DESIGN-AND-BUILD WORKS ON [Name of Project]

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT AGREEMENT, made this _____day of _[month]_, _[year]_, by and between:

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES through the Department of Public Works and Highways (DPWH) represented herein by __________________________________, duly authorized for this purpose, with main office address at Bonifacio Drive, Port Area, Manila, hereinafter referred to as the “ENTITY”;

-and-

______________________________, a corporation organized and existing under and by virtue of laws of the Republic of the Philippines, with main office address at ______________________________, represented herein by ______________________________, duly authorized for this purpose, hereinafter referred to as the “CONTRACTOR;”

WITNESSETH:

WHEREAS, the ENTITY is desirous that the CONTRACTOR execute the Works under [Contract ID and Name], hereinafter called “the Works,” and the ENTITY has accepted the Calculated Bid of the CONTRACTOR for the execution and completion of the Works at the calculated unit bid prices shown in the attached Bill of Quantities, or a total Contract price of [amount in words and numbers].

NOW, THEREFORE, for and consideration of the foregoing premises, the parties hereto agree as follows:

1. In this CONTRACT AGREEMENT, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

b. The following documents shall be attached, deemed to form, and be read and construed as part of this CONTRACT AGREEMENT:

1. This Contract Agreement

2. Documents forming part of the Contract Agreement:

a. Bidding Documents for the Contract (Annex “A”)

(1) General Conditions of Contract (GCC) (2) Special Conditions of Contract (SCC) (3) Drawings (4) Specifications (5) Invitation to Bid (IB) (6) Instructions to Bidders (ITB) (7) Bid Data Sheet (BDS) (8) Bid Bulletins (Addenda)

b. Contractor’s Calculated Bid in the Form of Bid, including the Technical and Financial Proposals (Annex “B”)

116

c. Contractor’s Registration Certificate (CRC) with Contractor’s Information from the DPWH Registry (Annex “C”)

d. Notice of Award with the Contractor’s “Conforme” (Annex “D”)

e. Performance Security (Annex “E”)

f. Construction Schedule in the form of PERT/CPM Diagram and Bar Chart with S-curve (Annex “F”)

h. Manpower Schedule (Annex “G”)

i. Construction Methods (Annex “H”)

j. Equipment Utilization Schedule (Annex “I”)

k. Construction Safety and Health Program initially approved by the DPWH Procuring Entity (Annex “J”)

c. In consideration of the payments to be made by the ENTITY to the CONTRACTOR as hereinafter mentioned, the CONTRACTOR hereby covenants with the ENTITY to execute and complete the Works and remedy any defects therein in conformity with the provisions of this CONTRACT AGREEMENT in all respects.

d. In consideration of the execution and completion of the Works by the CONTRACTOR, the ENTITY hereby covenants to pay the CONTRACTOR the unit prices in the CONTRACTOR’s Calculated Bid, as applied to the actual quantities accomplished as certified by the PROCURING ENTITY under the provisions of this CONTRACT AGREEMENT, at the times and in the manner prescribed by this CONTRACT AGREEMENT.

e. Once a contract is awarded to a winning contractor, the IA and contractor shall finalize and sign the contract agreement. The IA and Chinese contractor shall expressly stipulate in the contract that the effectivity thereof is contingent upon the effectivity of the loan agreement for the project and that no liability shall attach on the part of the IA in case the loan agreement is not perfected or declared effective.

f. Any issue or dispute arising out of the interpretation or implementation of these procedures shall be settled through friendly consultations and subject to the mutual understanding between the parties.

IN WITNESS WHEREOF, the parties hereto set their respective hands on the day, month and year first above written.

[ENTITY (GOVERNMENT OF THE [CONTRACTOR] OF THE PHILIPPINES, THRU THE

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS)]

117 Represented by: Represented by:

_______________________

________________________

Witnessed by:

______________________ ________________________

APPROVED:

____________________

Date of Approval: __________

118 FORM OF PERFORMANCE SECURITY (BANK GUARANTEE)

To :[Name of PROCURING ENTITY] [Address of PROCURING ENTITY]

WHEREAS, [name and address of contractor] (hereinafter called the “Contractor”) has undertaken, in pursuance of Contract No. [insert number] dated [insert date] to execute [name of Contract and brief description of Works] (hereinafter called the “Contract”);

WHEREAS, it has been stipulated by you in the said Contract that the contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; and

AND WHEREAS, we have agreed to give the contractor such a Bank Guarantee;

NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the contractor, up to a total of [insert amount of Guarantee in numbers and in words]17such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of demand of the said debt from the contractor before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed there under or of any of the Contract documents which may be made between you and the contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall be valid until a date twenty-eight (28) days from the date of issue of the Certificate of Completion.

Signature and seal of the Guarantor

Name of Bank

Address

Date

17 An amount is to be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract, and denominated in the specified currency.

119 Contract ID: Contract Name: Location of the Contract: ---------------------------------------------------------------------------------------- REPUBLIC OF THE PHILIPPINES ) CITY OF _______________________ ) S.S. x-------------------------------------------------------x BID-SECURING DECLARATION

Invitation to Bid: [Insert reference number] Contract ID: Contract Name:

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

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years upon receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from receipt of the written demand by the Procuring Entity for the commission of acts resulting to the enforcement of the bid securing declaration under Sections 52.5, 56.5, 63.2, and 105 of the IRR of RA 12009; without prejudice to other legal action the government may undertake.

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the following circumstances:

(a) Upon expiration of the bid validity period, or any extension thereof pursuant to your request;

(b) I am/we are declared ineligible or post-disqualified upon receipt of your notice to such effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a waiver to avail of said right;

(c) I am/we are declared as the bidder with the Lowest Calculated and Responsive Bid, and I/we have furnished the performance security and signed the Contract.

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

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE] [Insert signatory’s legal capacity]

Affiant

120 BANK GUARANTEE FOR ADVANCE PAYMENT

To: [Name and address of PROCURING ENTITY] [Name of Contract]

Gentlemen:

In accordance with the provisions of the GCC Clause 9 of the above-mentioned Contract, [name and address of contractor] (hereinafter called “the contractor”) shall deposit with [name of PROCURING ENTITY] a Bank Guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of [amount of Guarantee] [amount in words]18

We, the [Bank or Financial Institution], as instructed by the contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of PROCURING ENTITY] on his first demand without whatsoever right of objection on our part and without his first claim to the contractor, in the amount not exceeding [amount of Guarantee] [amount in words]19

We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed there under or of any of the Contract documents which may be made between [name of PROCURING ENTITY] and the contractor, shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until [name of PROCURING ENTITY] receives full repayment of the same amount from the contractor.

Yours truly,

Signature and seal:

Name of Bank/Financial Institution:

Address:

Date:

18 An amount is to be inserted by the Bank or Financial Institution representing the amount of the Advance Payment, and denominated in the specified currency of the Advance Payment as specified in the Contract. 19 An amount is to be inserted by the Bank or Financial Institution representing the amount of the Advance Payment, and denominated in the specified currency of the Advance Payment as specified in the Contract.

121 AFFIDAVIT OF DISCLOSURE OF NO RELATIONSHIP

I, [Name of the affiant], [state nationality], of legal age, [state status], after having been duly sworn in accordance with law, do hereby depose and state that:

1. I am the authorized representative of [insert name of Bidder] with office address at [insert address] an established and reputable Constructor of [insert name and/or description of the Works] for the bidding of [insert name of the Project] by the [insert name of PROCURING ENTITY] (hereinafter referred to as the “PROCURING ENTITY”);

2. None of the [officers / directors / controlling stockholders / members / owners] of the [name of the Bidder] are related by consanguinity or affinity up to the third civil degree to the Head of the PROCURING ENTITY or any of the PROCURING ENTITY’s officers or employees having direct access to information that may substantially affect the result of the bidding, such as, but not limited to, the members of the Bids and Awards Committee (BAC), the members of the Central Procurement Office (CPO), the BAC Secretariat, the members of the Project Management Office (PMO), and the designers of the project.

3. I am making this statement in compliance with Section 81 of the Implementing Rules and Regulations of Republic Act No. 12009, and in accordance with the requirements of the [PROCURING ENTITY]

4. I understand and accept that any false statement in this respect will render [name of the Bidder], and its authorized officers liable for prosecution to the full extent of the law.

IN WITNESS WHEREOF, I have hereunto set my hand this _________________ day of __________________, 20__, in the City of __________________, Philippines.

__________________________ Affiant

SUBSCRIBED AND SWORN to before me this ___________________________ day of _____________________, Philippines.

__________________________ Notary Public Doc. No. ___________; Page No. ___________; Book No. __________; Series of 20__

122 CERTIFICATION ON BIDDER'S RESPONSIBILITIES

REPUBLIC OF THE PHILIPPINES) CITY OF __________) S.S.

SWORN STATEMENT

I, _______[Representative of the Bidder]_______, of legal age, _____[civil status]____, residing at _____ [Address]_____, under oath, hereby depose and say:

1. I am the _____[Position]____of the____[Name of the Bidder]___ and am duly authorized to make this statement in behalf of ______[Name of the Bidder]_____;

2. With regard to the bidding of _____[Name of the Contract]_____of the____[Name of the Procuring Entity]____, _____[Name of the Bidder]____is attesting that it is responsible for:

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

b. having acknowledged all conditions, local or otherwise affecting the implementation the contract;

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

d. having complied with its responsibility as provided for under Section 51.5.1;

3. That I am making this statement as part of the bidding requirement for ____[Name of the Contract]____.

IN FAITH WHEREOF, I hereby affix my signature this _______day of_________, 20_______at _____, Philippines.

(Name of Representative of the Bidder) AFFIANT

SUBSCRIBED AND SWORN TO before me this____________, day of__________20__, affiant exhibiting to me his/her Community Tax Certificate No. ____________issued on_____________ at___________, Philippines.

_____________________ (Notary Public) Until _______ PTR No. _______ Date _______ Place _______ TIN _______ Doc. No. _______ Page No. _______ Book No. _______ Series of _______

123 CERTIFICATE OF AUTHENTICITY

I, _____[Representative of the Bidder]_____, of legal age, ___[civil status]___, Filipino residing at___ [Address of the Representative]___, under oath, hereby depose and say:

1. I am the ___[Position in the Bidder]___of the____[Name of the Bidder]___, with office at ___[Address of the Bidder]___ ;

2. That each of the documents submitted is an authentic and original copy or a true and faithful reproduction of the original, and complete and that all statements and information provided therein are true and correct;

3. That I am making this statement as part of the eligibility requirement of ____[Name of the Bidder]____ for ___[Name of the Project Contract]___.

IN FAITH WHEREOF, I hereby affix my signature this _______day of_________, 20_______at _____, Philippines. ____________________

AFFIANT

SUBSCRIBED AND SWORN TO before me this___________, day of________20___, affiant exhibiting to me his/her Community Tax Certificate No. ____________issued on_________ at_________, Philippines.

__________________ (Notary Public)

Until _______ PTR No. _______ Date _______ Place _______ TIN _______ Doc. No. _______ Page No. _______ Book No. _______ Series of _______

The prospective bidder or its duly authorized representative shall certify under oath that each of the documents submitted in satisfaction of the eligibility requirements is an authentic and original copy, or a true and faithful reproduction or copy of the original, and complete, and that all statements and information provided therein are true and correct. This notarized certification shall be submitted as part of the eligibility envelopes.

124 OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity];

If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)];

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;

5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: I am not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the

125 third civil degree;

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

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

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

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

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;

c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and

d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project].

9. [Name of Bidder] did not give or pay directly or indirectly any commission, amount, fee or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project activity.

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

_____________________________________

Bidder’s Representative/Authorized Signatory

* This form will not apply for WB-funded projects

126 FOR CIVIL WORKS

127 LETTER OF NOMINEE FOR [KEY PERSONNEL]

_________________ [Date]

The Honorable Secretary Department of Public Works and Highways ___________________________ [Address]

Sir:

Supplementing our Confidential Application Statement for Eligibility for the Proposed Construction of [Name of Project and Location], I/we have the honor to submit and certify herewith to be true and correct, the following pertinent information:

1. That I/we have engaged and contracted the services of Mr/Ms. ________________, hereinafter called the [Designation], a registered [Profession] with Professional License Certificate No. _______ issued on __________ and who has paid his/her Professional Tax for the current year, dated __________ and who was performed the same duties in the construction of the projects enumerated in his/her Certificate of Employment and Bio-Data:

2. That said personnel shall be appointed and designated by us as [Designation] to personally perform the same duties in the above-mentioned Project, if and when the same is awarded in our favor;

3. That said personnel shall employ the best care, skills and ability in performing his/her duties in accordance with the Contract Agreement, Conditions of Contract, Plans, Specifications, Special Provisions and other provisions embodied in the proposed Contract;

4. That said personnel shall be personally present at the jobsite to supervise the phase of construction work pertaining to his assignment as [Designation] all the time;

5. That, in order to guarantee that said [Designation] shall manage and supervise properly and be personally present in the Project, he/she is hereby required to secure a certification of appearance from the DPWH Engineer at the end of every month. That I/we shall not start the work without the [Designation] at the jobsite;

6. That in the event that I/we elect or choose to replace the said [Designation] with another Engineer, the Head, Implementing Office of the DPWH will be notified by us accordingly in writing at least twenty-one (21) days before making replacement;

7. That the name of the proposed new [Designation], his/her qualifications, experience, list of projects undertaken and other relevant information, shall be submitted to the DPWH for prior approval; and

8. That any willful violation on my/our part of the herein conditions may prejudice my/our standing as a reliable contractor in future bidding of the DPWH.

128 Very truly yours,

________________________ [Contractor]

CONCURRED IN:

________________________ [Key Personnel] ________________________ [Address]

129 [KEY PERSONNEL]’S CERTIFICATE OF EMPLOYMENT

____________________ [Date]

The Honorable Secretary Department of Public Works and Highways __________________________________________ [Address]

Sir:

I am a licensed [Profession] with Professional License No. ___________ issued on _________ at _____________.

I hereby certify that ___________________ contracted my services as [Designation] on the _________________________________________, if awarded to him/her.

The following projects had been supervised by me as [Designation] (mention only projects of same nature as aforesaid Contract);

NAME OF OWNER COST DATE STARTED - PROJECT DATE COMPLETED _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________

At present, I am supervising the following on-going projects:

NAME OF OWNER COST % PROJECT ACCOMPLISHED _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________

In case of my separation for any reason whatsoever from the above-mentioned Contractor, I shall notify the Department of Public Works and Highways at least twenty-one (21) days before the effective date of my separation.

I have read carefully and will abide by the conditions required of me in the Contractor’s Confidential Application Statement for Pre-qualification of the above Contractor.

As [Designation], I know I will have to stay in the Project all the time to supervise and manage the Project to the best of my ability, and am aware that I am authorized to handle only ONE (1) project at a time.

I did not allow the use of my name for the purpose only of enabling the above-mentioned Contractor to qualify for the Project without any firm intention on my part to assume the post as [Designation] if the Project is awarded to him/her since I understand that to do so will be a sufficient ground for my disqualification as [Designation] in any future bidding or employment for any Contractor doing business with the Department of Public Works and Highways.

___________________________

130 (Signature of Key Personnel)

REPUBLIC OF THE PHILIPPINES) CITY OF _____________________) S.S.

SUBSCRIBED AND SWORN TO BEFORE ME this _________ day of, affiant exhibiting to me his Residence Tax Certificate No. _____________ issued on ____________ at _____________.

_________________________ Notary Public PTR No. _________________ Until _________________ Doc. No. _______ Page No. _______ Book No. _______ Series of _______

131 BIO-DATA

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on project. Describe degree of responsibility held by staff member on relevant previous projects and give dates and locations. Use about half a page.] Training attended to be supported by Certificate of Training or equivalent document.

Education:

[Summarize college/university and other specialized education of staff members, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.] To be supported by Diploma or equivalent document.

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of projects. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.]

132 Languages:

[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Date:

[Signature of staff member and authorized representative of the firm] Day/Month/Year

Full name of staff member:

Full name of authorized representative:

133 FOR DESIGN SERVICES

134 LETTER OF NOMINEE FOR [KEY PESONNEL]

_________________ [Date]

The Honorable Secretary Department of Public Works and Highways ___________________________ [Address]

Sir:

Supplementing our Confidential Application Statement for Eligibility for the Proposed Construction of [name of project and location], I/we have the honor to submit and certify herewith to be true and correct, the following pertinent information:

1. That I/we have engaged and contracted the services of Mr./Ms. ________________, hereinafter called the [Designation], a registered [Profession] with Professional License Certificate No. _______ issued on __________ and who has paid his Professional Tax for the current year, dated __________ and who has performed the same duties in the design of the projects enumerated in his/her Certificate of Employment and Bio-Data:

2. That said personnel shall be appointed and designated by us as [Designation] to personally perform the same duties in the above-mentioned Project, if and when the same is awarded in our favor;

3. That said personnel shall employ the best care, skills and ability in performing his/her duties in accordance with the Contract Agreement, Conditions of Contract, Plans, Specifications, and other provisions embodied in the proposed Contract;

4. That said personnel shall be personally present during the Design Phase and any time and as the need arises at the jobsite during Construction Phase pertaining to his/her assignment as [Designation];

5. That in the event that I/we elect or choose to replace the said [Designation] with another personnel, the Head, Implementing Office of the DPWH will be notified by us accordingly in writing at least twenty-one (21) days before making replacement;

6. That the name of the proposed new [Designation], his/her qualifications, experience, list of projects undertaken and other relevant information, shall be submitted to the DPWH for prior approval; and

7. That any willful violation on my/our part of the herein conditions may prejudice my/our standing as a reliable contractor in future bidding of the DPWH.

Very truly yours,

________________________ [Contractor]

135

CONCURRED IN:

________________________ [Key Personnel]

________________________ [Address]

136 [KEY PERSONNEL]’S CERTIFICATE OF EMPLOYMENT

____________________ [Date]

The Honorable Secretary Department of Public Works and Highways __________________________________________ [Address]

Sir:

I am a licensed [Profession] with Professional License No. ______________ issued on ____________ at _____________.

I hereby certify that ___________________ contracted my services as [Designation] on the _________________________________________, if awarded to him/her.

The following projects had been designed by me as [Designation] (mention only projects of same nature as aforesaid Contract);

NAME OF OWNER COST DATE STARTED - PROJECT DATE COMPLETED _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________

At present, I am supervising the following on-going projects:

NAME OF OWNER COST % PROJECT ACCOMPLISHED _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________

In case of my separation for any reason whatsoever from the above-mentioned Contractor, I shall notify the Department of Public Works and Highways at least twenty-one (21) days before the effective date of my separation.

I have read carefully and will abide by the conditions required of me in the Contractor’s Confidential Application Statement for Pre-qualification of the above Contractor.

As [Designation], I know I will have to stay in the Project during the Design Phase and any time during the construction phase of the project with the best of my ability as [Designation].

I did not allow the use of my name for the purpose only of enabling the above-mentioned Contractor to qualify for the Project without any firm intention on my part to assume the post as [Designation] if the Project is awarded to him since I understand that to do so will be a sufficient ground for my disqualification as [Designation] in any future bidding or employment for any Contractor doing business with the Department of Public Works and Highways.

____________________________________ (Signature of Team Leader)

137 REPUBLIC OF THE PHILIPPINES) CITY OF _____________________) S.S.

SUBSCRIBED AND SWORN TO BEFORE ME this _________ day of, affiant exhibiting to me his Residence Tax Certificate No. _____________ issued on ____________ at _____________.

Notary Public

PTR No. ________

Until ___________

Doc. No. _______ Page No. _______ Book No. _______ Series of _______

138 Department of Public Works and Highways (DPWH)

Contract ID: Contract Name: Location of the Contract: CONTRACTOR’S CERTIFICATION ON KEY PERSONNEL FOR THE CONTRACT

[Date of Issuance]

[Name of Head of Procuring Entity] [Position] [Name of Procuring Entity] [Address]

Dear Sir/Madame:

Supplementing our Organizational chart for the above stated Contract, we submit, and certify as true and correct, the following information:

a. We have engaged the services of the following key personnel to perform the duties of the position indicated in the above stated Contract if it is awarded to us:

a. For Design Services Proposed Position Name Years of Experience in Similar Position

Team Leader

Highway Design Engineer

Bridge Design Engineer

Hydraulic / Drainage Engineer

Geotechnical Engineer

Geodetic Engineer

Geologist

Quantity/Cost Engineer

Professional Electrical Engineer

b. Civil Works Proposed Position Name Years of Experience in Similar Position Project Manager

Project Engineer

Highway Engineer

Bridge Engineer

Materials/Quality Control Engineer

Geodetic Engineer

Electrical Engineer

Traffic Engineer

Safety Officer

Foreman

139 b. We submit the enclosed affidavits of Commitment to work on the Contract of these key personnel.

c. We ensure that the abovementioned personnel shall employ their best care, skill, and ability in performing the duties of their respective positions in accordance with the provision of the contract, including the Conditions of Contract, specifications, and Drawings, and that they shall be personally present it the jobsite during the period of their assignment in the contract.

d. In event that we choose to replace any of the abovementioned key personnel, we shall submit to you in writing at least fourteen (14) days before making the replacement, for your approval, the name and bio data of the proposed replacement whose experience shall be equal to or better than the person to be replaced.

5. We understand that any violation of the above stated conditions shall be a sufficient ground for us to be disqualified from this Contract and future biddings of the DPWH.

Very Truly Yours,

[Name and Signature of Bidder’s Authorized Representative]

140 Department of Public Works and Highways Contract ID No.: Contract Name: Location of the Contract:

__________________ KEY PERSONNEL’S AFFIDAVIT OF COMMITMENT TO WORK ON THE CONTRACT

[Date of Issuance]

[Name of Head of Procuring Entity] [Position] [Name of Procuring Entity] [Address]

Dear Sir/Madame:

1. I confirm that [Name of Contractor] has engaged my services for the position of ______ in the above stated Contract if it is awarded to the Contractor.

2. I, therefore, commit to assume the said position in the above stated Contract once it is awarded to the Contractor, and I shall employ the best care, skill, and ability to perform the duties of such position in accordance with the Conditions of Contract, Specifications, Drawings, and other provisions of the Contract Agreement. I am aware that I have to stay in the jobsite for the duration of my assignment.

3. I do not allow the use of my name to enable the Contractor to qualify for the above stated Contract without my commitment to assume the said position, since I understand that to do so shall be a sufficient ground for my disqualification from this Contract and future biddings of the DPWH.

4. I submit, and certify as true and correct, my bio-data as follows:

a. Name

: ____________________________________________ b. Date of Birth

: ____________________________________________ c. Nationality

: ____________________________________________ d. Educational Attainment : ____________________________________________ e. Specialty

: ____________________________________________ f. PRC License No. and Date : ____________________________________________ g. Tax Information No. (TIN) : _____________________________________________ h. Employment Record : ____________________________________________

Name & Address of Employer Position From Mo./Yr. To Mo./Yr. Total Period Yrs. & Mos.

141

Work Experience (Projects Handled):

i. Proj. Name & Location ii. Owner’s Name & Address iii. My Position i. Proj. Description (Scope of Work and Length) ii. Total Proj. Cost i. Part of Proj. I Handled ii. Cost of Part i. Start Date ii. Compl. Date Completed Projects:

On-going Projects:

(use another sheet, if necessary)

Very truly yours,

[Name and Signature of Personnel]

Noted by:

[Name and Signature of Contractor’s Authorized Representative]

REPUBLIC OF THE PHILIPPINES) CITY OF __________________ )

SUBSCRIBED and SWORN TO before me this _____ day of ______________, 20 ___ at __________________, affiant exhibiting to me his/her Residence Certificate No. __________ issued at __________________________ on _______________________.

__________________

Notary Public

Doc. No. ___________________ Until __________________ Page No. ___________________ PTR No. __________________ Book No. ___________________ Issued at __________________ Series No. ___________________ Issued on __________________

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142

143 FOR DESIGN AND CONSTRUCTION SERVICES: TECHNICAL ASPECTS (To be included as Supporting Documents in the First Envelope)

144 TPF 1. DESIGNER’S REFERENCES

Relevant Services Carried Out That Best Illustrate Qualifications

Using the format below, provide information on each project for which your firm/entity, either individually, as a corporate entity, or as one of the major companies within an association, was legally contracted. Project Name:

Country: Location within Country:

Professional Staff Provided by Your Firm/Entity(profiles): Name of Client:

No of Staff: Address:

No of Staff-Months; Duration of Project: Start Date (Month/Year):

Completion Date (Month/Year): Approx. Value of Services (in Current US$): Name of Associated Consultants, if any:

No of Months of Professional Staff Provided by Associated Consultants: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Consultant’s Name:

145 TPF 2. COMMENTS AND SUGGESTIONS OF DESIGNER ON THE TERMS OF REFERENCE, MINIMUM PERFORMANCE STANDARDS AND SPECIFICATIONS (MPSS), AND DATA PROVIDED BY THE PROCURING ENTITY

Terms of Reference

1.

2.

3.

Minimum Performance Specifications and Parameters:

1.

2.

3.

Data Provided by the Procuring Entity:

1.

2.

3.

146 TPF 3a. DESCRIPTION OF METHODOLOGY AND WORK PLAN FOR PERFORMING THE PROJECT

The Bidder shall submit a design methodology which addresses the key items identified in the Employer’s Requirements, which include, inter alia, the following:

(a) Organizational arrangements for the design, including: team structure, roles and responsibilities, design works plan, interface arrangements, design review and approval procedures, and quality assurance arrangements;

(b) Proposed design deliverables (Per TOR requirements);

(c) Design statement to describe the approach and methodology that demonstrate the capability in the design of the Project, as described in the Employer’s Requirements, which the design statement shall cover the following aspects:

i. Topographic and Hydrographic Survey ii. Geotechnical Investigation iii. Hydrologic and Hydraulic Study iv. Alignment and Earthworks Design v. Design of Roads vi. Design of Bridge Structures vii. Design of Drainage and Slope Protection Works viii. Design of Miscellaneous Structures ix. Design Specifications of Materials x. Traffic Management Plan (d) Any added value the Bidder will bring or examples of innovative aspects of the design;

(e) Details of the approach to managing risks, stakeholder engagement, consultation, and environmental permits/consents; and (f) Value Engineering

147 TPF 3b. CONSTRUCTION MANAGEMENT STRATEGY AND METHOD STATEMENT FOR CONSTRUCTION INCLUDING PERT-CPM

The Bidder shall submit a construction management strategy as per Employer’s Requirements, which address, inter alia, the following:

(a) Organizational arrangements for construction management, including team structure, roles and responsibilities, interface arrangements, and quality assurance arrangements;

(b) Subcontractor selection and management;

(c) Support from the Employer in obtaining and managing consents, permits, and approvals from third parties;

(d) Site setup proposals, including access, accommodation, welfare facilities and arrangement for plant and material storage;

(e) Construction phasing proposals, including sequence of work methodology and management of conflicting activities which shall cover the following aspects:

i. Rehabilitation / Construction of Roads ii. Rehabilitation / Retrofitting / Construction of Substructure iii. Rehabilitation / Retrofitting / Construction of Superstructure iv. Rehabilitation / Construction of Drainage and Slope Protection Structures v. Rehabilitation / Construction of Miscellaneous Structures

(f) Risk management approach for geotechnical and subsurface aspects of the Works;

(g) Quality management system, including a draft of the Quality Management Plan;

(h) Preparation, approval, and implementation for the Contractor’s Environmental and Social Management Plan;

(i) Preparation, approval, and implementation for the Contractor’s Health and Safety Management Plan;

148 (j) Reporting arrangements;

(k) Arrangements for site handover, including completion of As-Built Drawings, preparation of operating and maintenance manuals, and any other relevant aspects, and;

Appreciation of any key construction constraints or difficulties of the Project and the technical solutions.

TPF 4. TEAM COMPOSITION AND TASKS

Design 1. Technical/Managerial Staff Name Position Task

2. Support Staff Name Position Task

Construction 1. Technical/Managerial Staff Name Position Task

2. Support Staff Name Position Task

TPF 5. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on project. Describe degree of responsibility held by staff member on relevant previous projects and give dates and locations. Use about half a page.] Training should be supported with Certificate of Training or equivalent document.

Education:

[Summarize college/university and other specialized education of staff members, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.] To be supported with Diploma or equivalent document.

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of projects. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.]

Languages:

151 [For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Date:

[Signature of staff member and authorized representative of the firm] Day/Month/Year

Full name of staff member:

Full name of authorized representative:

Commitment:

I, the undersigned, hereby confirm that I am exclusively committed with [Name of Consultant]. I firmly commit to assume the post of {Propose Position] for the [Name of Project], and that I will fully be available to undertake the complete assignment in the Technical Proposal.

________________________ Signature over Printed Name

SUBSCRIBED AND SWORN to before me this [Date] at [Place] affiant having exhibited to me his Community Tax No. _______________ issued on [Date] at [Place].

Doc. No________; Page No ________; Book No ________; Series________

TPF 6. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart) Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 Number of Months Design

Subtotal (1)

Subtotal (2) Constructi on

Subtotal (3)

Subtotal (4)

Full-time:

Part-time:

Reports Due:

Activities Duration:

Location

Signature: (Authorized representative)

Full Name:

Title:

Address:

TPF 7a. ACTIVITY (WORK) SCHEDULE (Design)

A. Field Investigation and Study Items

[1st, 2nd, etc. are months from the start of project.]

1st 2n d 3rd 4th 5th 6th 7th 8th 9th 10t h 11t h 12t h

Activity (Work)

______________ ___

______________ ___

______________ ___

______________ ___

B. Completion and Submission of Reports

Reports Date

1. Inception Report

2. Interim Progress Report (a) First Status Report (b) Second Status Report

3. Draft Report

4. Final Report

154 TPF 7b. ACTIVITY (WORK) SCHEDULE (Construction)

Bar Chart/PERT-CPM

155 FOR DESIGN SERVICES: FINANCIAL ASPECTS (TO BE INCLUDED AS SUPPORTING DOCUMENTS IN THE SECOND ENVELOPE)

156 FPF 1. SUMMARY OF COSTS

Detailed Engineering Design Quantity Unit Amount

Total Cost

1.00

l.s.

__________________

157 SCOPE OF WORK SUMMARY COST

ITEM NO. DESCRIPTION

UNIT QTY UNIT COST TOTAL COST Part A. Facilities for the Engineer

Pay Item Description Unit Qty.

In words : Pesos _______________ _______________ _______________ In Figures : Php _______________ _______________

In Figure : Php ____________ ____________ ____________ ____________ ____________ ____________

GRAND TOTAL

TOTAL BID AMOUNT (in words) : ____________________________________________________________________ ______________________________________________________ centavos TOTAL CALENDAR DAYS:

Contract ID

:

Contract Name

Location of the Project :

158

READ AND ACCEPTED AND GOOD FOR AGREEMENT Date

: ___________________________________________ _______ Signature

: ___________________________________________ _______ In the Capacity as

: ___________________________________________ _______ Duly authorized for Bids and in behalf of

: ___________________________________________ _______

159 DETAILED UNIT PRICE ANALYSIS Project:__________________________________________________________________ _________________________________________________________________________ Item:_____________________________________________ Description:________________________________________ Quantity:________________________________________

Name and Capacity of Equipment (Operated) No. of Unit No. of Hours Unit Rate Total Cost (Pesos)

Total Equipment Cost

Designation of Personnel No. of Men No. of Hours Unit Rate Total Cost (Pesos)

Total Labor Cost

Description of Materials Quantity Unit Unit Price Total Cost (Pesos)

Total Material Cost

Estimated Direct Cost (2+3+4) Mark-Up (__ % of 5) Value Added Tax of (5+6) Total Cost of Item (5+6+7) Unit Cost of Item (8/1)

160

Republic of the Philippines

Government Procurement Policy Board