Bidding Documents
Bidding Documents
Bidding Documents
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TABLE OF CONTENTS
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Section I. Invitation to Bid
for
1. The Municipality of Aguilar intends to apply the sum of Eight Hundred Seventy Two
Thousand Five Hundred Pesos & 00/100 (Php 872,500.00) being the Approved Budget for
the Contract (ABC) to payment under the contract for the Purchase of Organic Fertilizers
of LGU- Aguilar, Pangasinan as per Project Identification Number No.2022-G023 and ITB
#042-2022.Bids received in excess of the ABC shall be automatically rejected at bid
opening.
2. The Municipality of Aguilar (BAC) now invites bids for the above contract. Completion of
the Works is required Ten (10) CALENDAR DAYS from date indicated in the Notice to
Proceed. The description of an eligible bidder is contained in the Bidding Documents,
particularly, in Section 11, Instruction to Bidders.
3. Bidding will be conducted through open competitive bidding procedures using non-
discretionary “pass/fail” criterion as specified in the 2016 Revised Implementing Rules and
Regulations (IRR) of Republic Act 9184 (RA 9184), otherwise known as the “Government
Procurement Reform Act.
4. Interested bidders may obtain further information from the Municipality of Aguilar ,BAC
and inspect the Bidding Documents at the address given below from 8:00 o’clock in the
morning until 5:00 o’clock in the afternoon of August 6 , 2022.
6. Bids must be duly received by the BAC Secretariat at the address below on or before
September 16, 2022 at Eight o’clock in the morning. All bids must be accompanied by
a bid security in any of the acceptable forms and in the amount stated in ITB Clause 18.
Bid opening shall be on September 16, 2022 at 9:00 o’clock in the morning at the BAC
office. Bids will be opened in the presence of the bidders’ representatives who choose to
attend at the address below. Late bids shall not be accepted.
7. The Municipality of Aguilar, BAC 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 n accordance
with Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected
bidder or bidders
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8. For further information, please refer to:
PATRICIA A. AZURIN
Head, Bids and Awards Secretariat
Municipality of Aguilar, Brgy.Poblacion, BAC
Approved:
ESMERALDA V. MEDINA
BAC Chairman
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Section11. Instructions to Bidders
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Table of Contents
A. GENERAL …………………………………………………………………………………………………………………….6
1. Scope of Bid
2. Source of Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3. Corrupt, Fraudulent, and Coercive Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4. Conflict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
5. Eligible Bidders………. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6. Bidders Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
7. Origin of Goods and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
8. Sub-Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. CONTENT OF BIDDING DOCUMENTS
9. Pre – Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Clarification and Amendment of Bidding Documents .. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. PREPARATION OF BIDS
11. Language of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12. Documents Comprising the Bid: Eligibility and Technical Components . . . . . . . . . . . . 10
13. Documents Comprising the Bid: Financial Component . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14. Alternative Proposals by Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15. Bid Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16. Bid Currencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17. Bid Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18. Bid Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. Format and Signing of Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20. Sealing and Marking of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
D. SUBMISSION AND OPENING OF BIDS
21. Deadline for Submission of Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
22. Late Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23. Modification and Withdrawal of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24. Opening and Preliminary Examination of Bids . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
E. EVALUATION AND COMPRISON OF BIDS . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .
25. Process to be Confidential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
26. Clarification of Bids… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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1. Scope of Bid
1.1 The PROCURING ENTITY as defined in the BDS, invites Bids for the
construction of Works, as described in the BDS. The name and
identification number of the Contract is provided in the BDS.
1.2 The successful Bidder will be expected to complete the Works by the
intended completion date specified in the SCC Clause 1. 17.
1.3 The PROCURING ENTITY has a budget or has applied for or received funds
from the Funding source named in the BDS, and in the amount indicated
in the BDS. It intends to apply part of the funds received for the Project, as
defined in the BDS, to cover eligible payments under the Contract for the
Works.
2. Source of Funds
The Procuring Entity has a budget or received funds from the Funding
Source named in the BDS, and in the amount indicated in the BDS . It
intends to apply part of the funds received for the Project, as defined in
the BDS, to cover eligible payments under the Contract for the Works.
3.1 The Funding Source requires that the PROCURING ENTITY, as well as
Bidders and Contractors, shall observe the highest standard of ethics
during the procurement and execution of such contracts. In pursuance of
this policy, the Funding Source:
(a) Defines, for purposes of this provision, the terms set forth below as follows:
(a.1) “corrupt practice” means behavior on the part officials in the public or
private sectors by which they improperly and unlawfully enrich themselves,
others, or induce others to do so, by misusing the position in which they
are placed, and includes the offering, giving, receiving, or soliciting of
anything of value to influence the action of any such official in the
procurement process or in contract execution: entering, on behalf of the
Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or
will profit thereby, and similar acts as provided in republic Act 3019;
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(a.4) “coercive practices” means harming or threatening to harm. Directly
or indirectly, persons, or their property to influence their participation in
procurement process, or affect the execution of a contract;
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt of fraudulent practices in
competing for the Contract; and
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded Contract funded by the Funding Source if it at any time
determines that the firm has engaged in corrupt or fraudulent practices in
competing or, or in executing, a Contract funded by the Funding Source.
3.2 Further, the GOP will seek to impose the maximum penalties for civil and
criminal liability available under the applicable law on individuals and
organizations deemed to be involved with corrupt, fraudulent, or
practices.
3.3 Furthermore, the Funding Source reserves the right to inspect and audit
records and accounts of a contractor in the Bidding for and performance
of a contract themselves or through independent auditors as reflected in
GCC Clause 33.
4. Conflict of Interest
(b) A Bidder receives or has received any direct or indirect subsidy from any
other Bidder;
(c) A Bidder has the same legal representatives as that of another Bidder for
purposes of this Bid;
(d) A Bidder has a relationship, directly or through third parties, that puts them
in a position to have access to information about or influence on the Bid of
another Bidder or influence the decisions of the PROCURING ENTITY
regarding this bidding process. This will include a firm or an organization
who lends, or temporarily seconds, its personnel to firms or organizations
which are engaged in consulting services for the preparation related to
procurement for or implementation of the project if the personnel would
be involved in any capacity on the same project;
(e) A Bidder submits more than one Bid in this bidding process. However, this
does not limit the participation of subcontractors in more than one Bid;
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(f) A Bidder who participated as a consultant in the preparation of the design
or technical specifications of the goods and related services that are the
subject of the Bid; or
4.2 In accordance with Section 47 of the IRR-A of R.A. 9184, all Bidding Documents
shall be accompanied by a sworn affidavit of the Bidder that it is not
related to the head of the PROCURING ENTITY by consanguinity or affinity up
to the third civil degree 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 BAC,
the members of the Technical Working Group (TWG), the BAC Secretariat,
the members of the Project Manage Office (PMO), and the designers of the
Project. This Clause shall apply to the following persons:
(c) If the Bidder is a corporation, to all its officers, directors, and controlling
stockholders; and
(d) If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of
this Clause shall correspondingly apply to each of the
members of the said JV, as may be appropriate.
Relationship of the nature described above or failure to comply with this Clause
will result in the automatic disqualification of a Bidder.
5. Eligible Bidders
5.1 Unless otherwise indicated in the BDS, the following persons shall be
eligible to participate in this Bidding:
a. Duly licensed Filipino Citizens/sole proprietorships;
b. Partnership duly organized under the laws of the Philippines and of
which at least seventy five percent (75%) of the outstanding capital
stock belongs to citizens of the Philippines;
c. Corporation duly organized under the laws of the Philippines, and of
which at least seventy five percent (75%) of the outstanding capital
stock belongs to citizens of the Philippines.
d. Cooperative dulys duly organized under the laws of the Philippines.
e. Person entities forming themselves into JV, i.e., a group of two(2) or
more persons/entities that intend to be jointly and severally
responsible or liable for a particular contract: Provided, however, that,
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in accordance with letter of Instructions No. 360, Filipino ownership or
interest of the joint venture concerned shall be at least seventy five
percent (75%): Provided, further, that joint ventures in which Filipino
ownership or interest is less than seventy five percent (75%) may be
eligible where the structures to be built require the application of
techniques and/or technologies which are not adequately possessed
by a person/ entity meeting the seventy five percent (75%) Filipino
ownership requirement; Provided, finally, that in latter case, Filipino
ownership or interest shall not be less than twenty five percent (25%).
For this purpose, Filipino ownership or interest shall be based on the
contributions of each of the members of the joint venture as specified
in their JVA.
5.2. The procuring entity may also invite foreign bidders when provided for under any Treaty
or International or Executive Agreement as specified in the BDS.
5.4 (a) The bidder must have an experience of having completed a Single Largest
Completed Contract (SLCC) that is similar to this Project, equivalent to at least fifty
percent (50%) of the ABC adjusted, if necessary, by the Bidder to current prices using
the Philippine Statistics Authority (PSA) consumer price index. However, contractors
under small A and Small B categories without similar experience on the contract to be
bid may be allowed to Bid if the cost of such contract is not more than the Allowable
Range of Contract Cost (ARCC) of their registration based on the guidelines as
prescribed by the PCAB.
(b) For Foreign Funded Procurement, the procuring Entity and the Foreign
Government/ foreign or international financing institution may agree on another track
record requirement, as specified in the BDS.
5.5 The Bidder must submit a computation of its net Financial Contracting capacity (NFCC)
which must be at least equal to the ABC to be bid, calculated as follows:
NFCC = (Current Assets minus current Liabilities) (15) minus the value of all
outstanding or uncompleted portions of the projects under ongoing contracts,
including awarded contracts yet to be started coinciding with the contract for this
project.
The value of the domestic bidders’ current assets and current liabilities shall be based
on the latest Audited Financial Statements (AFS) submitted to the BIR.
For purposes of computing the foreign bidders’ NFCC, the value of the current assets
and current liabilities shall be based on their audited financial statements prepared in
accordance with international financial reporting standards.
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6. Bidder’s Responsibility
6.1 The bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section 1x. Bidding Forms as
required in ITB Clause 12.1 (b) (iii).
6.2 The Bidder is responsible for the following:
(a) Having taken steps to carefully examine all of the Bidding Documents;
(b) Having acknowledged all conditions, local or otherwise, affecting the
implementation of the contract;
(c) Having made an estimate of the facilities available and needed for the
contract to be bid;
(d) Having complies with its responsibility to inquire or secure
Supplemental/Bid Bulletin/s as provided under ITB Clause 10.4
(e) Ensuring that it is not “Blacklisted” or barred from bidding by the GoP
or any of its agencies, offices, corporations, or LGUs, including foreign
government/ foreign or international financing institution whose
blacklisting rules have been recognized by the GPPB;
(f) Ensuring that each of the documents submitted in satisfaction of the
bidding requirements is an authentic copy of the original, complete,
and all statements and information provided therein are true and
correct;
(g) Authorizing the HoPE or its duly authorized representative/s to verify
all the documents submitted;
(h) Ensuring that the signatory is the duly authorized representative of the
bidder, and granted full power and authority to do, execute and
perform any and all acts necessary to participate, submit the bid, and
to sign execute the ensuing contract, accompanied by the duly
notarized Special Power of Attorney, Board/Partnership Resolution, or
Secretary’s certificate, whichever is applicable;
(i) Complying with the disclosure provision under Section 47 of RA 9184
and its IRR in relation to other provisions of RA 301;
(j) Complying with all existing labor laws and standards, in the case of
procurement of services. Moreover, bidder undertakes to:
a. Ensure the entitlement of workers to wages, hours of work,
safety and health and other prevailing conditions of work as
established by national laws, rules and regulations; or collective
bargaining agreement; or arbitration award, if and when
applicable .
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appropriate actions under the labor Code, as amended and
other social legislations.
(k) Ensuring that it did not give or pay, directly or indirectly, any
commission, amount, fee or any form of consideration, pecuniary or
otherwise, to any person or official, personnel or representative of
the;
6.3 The Bidder, by the act of submitting its bid, shall be deemed to have to
have inspected the site, determined the general characteristics of the
contract works and the conditions for this Project and examine all
instructions, forms, terms, and project requirements in the bidding
Documents.
6.4 It shall be the sole responsibility of the prospective bidder to determine
and to satisfy itself by such means as it considers necessary or desirable as
to all matters pertaining to this Project, including: (a) the location and the
nature of the contract, project or work; (b) climatic conditions; (c)
transportation facilities; d) nature and condition of the terrain, geological
conditions at the site communications facilities, requirements, location
and availability of construction aggregates and other materials, labor,
water, electric power and access roads; and (d) other factors that may
affect the cost, duration and execution or implementation of the contract,
project, or work.
6.5 The Procuring Entity shall not assume any responsibility regarding
erroneous interpretations or conclusions by the prospective or eligible
bidder out of the data furnished by the procuring entity, However, the
procuring entity shall ensure that all information in the Bidding
Documents, including supplemental/bid bulletins issued are correct and
consistent
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6.6 Before submitting their bids, the Bidders are deemed to have become
familiar with all existing laws, decrees, ordinances, act and regulations of
the Philippines which may affect the contract in any way.
6.7 The Bidder shall bear all costs associated with the preparation and
submission of his bid, and the procuring Entity will in no case be
responsible or liable for those costs, regardless of the conduct or outcome
of the bidding process.
6.8 The Bidder should note that the procuring 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
8. Subcontracts
8.1 Unless otherwise specified in the BDS, the Bidder may subcontract
portions of the works to an extent as may be approved by the Procuring
Entity and stated in the BDS. However, subcontracting of any portion shall
not relieve the Bidder from any liability or obligation that may arise from
the contract for this Project.
8.2 Subcontractors must submit the documentary requirements under ITB
Clause 12 and comply with the eligibility criteria specified in the BDS. In
the event that any subcontractor is found by the procuring Entity to be
ineligible, the subcontracting of such portion of the Works shall be
disallowed.
8.3 The Bidder may identify the subcontractor to whom a portion of the Works
will be subcontracted at any stage of the bidding process or during
implementation. If the Bidder opts to disclose the name of the
subcontractor during bid submission, the Bidder shall include the required
documents as part of the technical component of its bid.
9. Pre-Bid Conference
9.1 (a) If so specified in the BDS, a Pre-bid conference shall be held at the
venue and on the date indicated therein, to clarify and address the Bidders’
questions on the technical and financial components of this Project. The
Pre-Bid Conference shall be held at least twelve (12) calendar days before
the deadline for the submission and receipt of Bids. However, attendance
of the Bidders shall not be mandatory.
9.2 Bidders are encouraged to attend the pre-bid conference to ensure that
they fully understand the procuring entity’s requirements. The Pre-Bid
Conference shall discuss among the other things, the technical and
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financial components of the contract to be Bid. The minutes of the Pre-Bid
Conference shall be recorded and made available to all participants not
later than three (5) calendar days after the Pre-Bid conference. The
minutes shall be made available to prospective bidders not later than five
(5) days upon written request.
9.3 Decisions of the BAC amending the 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
receipts of bids.
10.1 Bidders may request for clarification(s) on any part of the Bidding
Documents or for an interpretation. Such a request must be in writing and
submitted to the PROCURING ENTITY at the address indicated in the BDS
at least ten (10) calendar days before the deadline set for the submission
and receipt of Bids.
10.2 The PROCURING ENTITY shall respond to the said request by issuing a
Supplemental/Bid Bulletin, to be made available to all those who have
properly secured the Bidding Documents from the PROCURING ENTITY, at
least seven (7) calendar days before the deadline for the submission and
receipt of Bids. It shall be the responsibility of all those who have properly
secured the Bidding Documents to inquire and secure Supplemental/Bid
Bulletins that may be issued by the PROCURING ENTITY.
10.4 It shall be the responsibility of all those who have properly secured the
Bidding Documents to inquire and secure Supplemental/Bid Bulletins that
may be issued by the PROCURING ENTITY.
C. PREPARATION OF BIDS
11.Language of Bid
11.1 The Bid, as well as all correspondence and documents relating to the Bid
exchanged by the Bidder and the PROCURING ENTITY, shall be written in
English. Supporting documents and printed literature furnished by the
Bidder may be in another language provided they are accompanied by an
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accurate translation of the relevant passages in English, in which case, for
purposes of interpretation of the Bid, the English translation shall govern.
The Bidder shall bear all costs associated with the preparation and
submission of his Bid, and the PROCURING ENTITY will in no case be
responsible or liable for those costs.
12.1 Unless otherwise indicated in the BDS, the first envelop shall
contain the following eligibility and technical documents:
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(ii.8) date of completion or estimated
completion time
(i) Bid Security in accordance with ITB Clause 18. If the Bidder opts
to submit the bid security in the form of:
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(ii.2) List of contractor’s personnel (viz., Project Manager,
Project Engineers, Materials Engineers, and Foremen), to
be assigned to the contract to be Bid, with their
complete qualification and experience data;
(a) Financial Bid Form, which includes bid prices and the Bill of
quantities, in accordance with ITB Clauses 15.1 and 15.3;
and
13.2 (a) Unless otherwise stated in the BDS, all Bids that exceed
the ABC shall not be accepted.
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(iii) The procuring entity has trained cost estimators on
estimating prices and analyzing bid variances. In
the case of infrastructure projects, the procuring
entity must also have trained quantity surveyors.
14.2 Bidder 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 shall not be accepted.
14.3. Each bidder shall submit only one Bid, either individually or as
a partner in a JV. A Bidder who submits or participates in more
than one bid will cause all the proposals with the Bidder’s
participation to be disqualified. This shall be without prejudice
to any applicable criminal, civil and administrative penalties
that may be imposed upon the persons and entities oncerned.
15.1 The contract shall be for the whole Works, as described in ITB
Clause 1.1 based on the priced Bill of Quantities submitted by
the Bidder.
15.2 The Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Bids not addressing or
providing all of the required items in the Bidding Documents
including, where applicable, bill of quantities, shall be
considered non-responsive and, thus, automatically
disqualified. In this regard, where a required item is provided,
but no price is indicated, the same shall be considered as non-
responsive, but specifying a “0” (zero) for the said item would
mean that it is being offered for free to the government.
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15.3 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, prior to the
deadline for submission of Bids, shall be included in the rates,
prices, and total Bid price submitted by the Bidder.
15.1 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 indicated in the
BDS and specified in GCC Clause Error! Reference source not
found and its corresponding SCC provision.
16.1 Subject to applicable laws and unless otherwise specified in the BDS, all Bid
prices shall be quoted in Philippine Pesos. However, for purposes of bid
evaluation, bids denominated in foreign currencies shall be converted to
Philippine currency based on the exchange rate prevailing of the day of the
Bid opening.
16.2 If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the
amounts in various currencies in which the bid price is expressed to Philippine
pesos at the exchange rate as published in the Bangko Central ng Pilipinas
(BSP) reference rate bulletin on the day of the bid opening.
16.3 All contracts shall be denominated and payable in Philippine Pesos.
16.4
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18. Bid Security
18.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid
Security in an amount stated in the BDS, which shall be not less than the
percentage of the ABC in accordance with the following schedule:
18.2 The bid security should be valid for the period specified in the BDS. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive
18.3 No bid securities shall be returned to Bidders after the opening of bids and before
contract signing, except to those that failed or declared as post-disqualified, upon
submission of a written waiver of their right to file a request for reconsideration
and/or protest, or lapse of the reglementary period without having filed a request
for reconsideration or protest. Without prejudice on its forfeiture, Bid Securities shall
be returned only after the Bidder with the Lowest calculated Responsive Bid (LCRB)
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has signed the contract and furnished the performance Security, but in no case
later than the expiration of the Bid Security validity period indicated in ITB Clause
18.2.
18.4. Upon signing and execution of the contract, pursuant to ITB Clause 31, and the
posting of the performance security, pursuant to ITB Clause 32, the successful
Bidder’s Bid Security will be discharged, but in no case later than the Bid Security
validity period as indicated in ITB Clause 18.2
(a) if a bidder:
(i) withdraws its bid during the period of bid validity specified in ITB Clause 17;
(ii) does not accept the correction of errors pursuant to ITB Clause 27.3(b)
(iii) has a finding against the veracity of the required documents submitted in
accordance with ITB Clause 28.2
(v1) allowing the use of one’s name, or using the name of another for purposes
of public bidding;
(viii) refusal or failure to post the required performance security within the
prescribed time;
(ix) refusal to clarify 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;
(xi) failure of the potential joint venture partners to enter into the joint venture
after the bid is declared successful; or
(xii) all other acts that tend to defeat the purpose of the competitive bidding,
such as habitually withdrawing from bidding, submitting late Bids or
patently insufficient bid, for at least three (3) times within a year, except for
valid reasons.
(ii) fails to furnish performance security in accordance with ITB Clause 32.
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19. Format and Signing of Bid
19.1. The Bidder shall submit one original of the Technical Proposal and one original of the
Financial Proposal as described in ITB clause 17 and clearly mark each as “ORIGINAL –
TECHNICAL PROPOSAL” and “ORIGINAL- FINANCIAL PROPOSAL”. In addition, the Bidder
shall submit two (2) copies of the Technical Proposal and clearly mark them ”COPY NO…-
TECHNICAL PROPOSAL” and” COPY NO… -FINANCIAL PROPOSAL”. In the event of any
discrepancy between the copies, the original shall prevail.
19.2. The original and the two (2) copies of the Bid shall be typed or written in indelible ink and
shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to
the contract. All pages of the Bid where entries or amendments have been made shall be
initialed by the person or persons signing the Bid.
19.3 Any interlineations, erasures, alterations or overwriting shall be valid only if they are signed
or initialed by the person signing the Bid. Unless otherwise provided in the BDS,
commissions or gratuities are not allowed.
19.4. In case of a bank guarantee, the Bid Security shall be submitted using the form included in
Error! Reference source not found. And Qualification Information, or another form
acceptable to the PROCURING ENTITY. The form must include the complete name of the
Bidder. The Bid security should be valid for the period specified in the BDS.
19.5. Any Bid not accompanied by an acceptable Bid Security shall be rejected by the PROCURING
ENTITY. The Bid Security of a JV, if in the form of a Bank Guarantee must define as “Bidder” all JV
partners and list them in the following manner: a JV consisting of “
_________________________” and “ ___________________________”. No Bid Security shall
be returned to Bidders after the opening of Bids and before contract signing, except to those
that failed to comply with any of the requirements to be submitted in the first bid envelope of
the Bid, as provided in the IRR-A of RA9184. Without prejudice to the forfeiture of Bid Securities,
Bid Securities, Bid Securities shall be returned only after the Bidder with the Lowest Calculated
Responsive Bid has signed the contract and furnished the Performance Security, but in no case
later than the expiration of the Bid Security validity period indicated in the BDS.
20.2. Each copy of the Technical Proposal and Financial Proposal, shall be similarly sealed duly
marked as “COPY NO….- TECHNICAL PROPOSAL” and “COPY NO… -FINANCIAL PROPOSAL”
respectively and the outer envelope as “ COPY NO”. These envelopes containing the
original and the copies shall then be enclosed in one single envelope .
20.3 The original and the number of copies of the bid as indicated in the BDS shall be typed or
written in ink and shall be signed by the Bidder or its duly authorized representative/s.
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(b) Bear the name and address of the Bidder in capital letters;
(c Name and address of the PROCURING ENTITY in accordance with ITB Clause 18.1;
(d) Bear the specific identification of this bidding process indicated in the BDS; and
(e) A warning “DO NOT OPEN BEFORE…” the time and date for the opening of Bids, in
accordance with ITB Clause 21
20.5 If all envelopes are not sealed and marked as required, the BAC will assume
no responsibility for the misplacement or premature opening of the Bid.
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deadline for submission and receipt of bids. A Bidder that
withdraws its bid shall not be permitted to submit another bid,
directly or indirectly, for the same contract.
24.1 The BAC shall open the Bids in public, immediately after the deadline for
the submission and receipt of bids in public, as specified in the BDS. In
case the Bids cannot be opened as scheduled due justifiable reasons,
the BAC shall take custody of the Bids submitted 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 in the
PhilGEPS website and the website of the Procuring Entity concerned.
24.2. Otherwise specified in the BDS, the BAC shall open the first bid envelopes
and determine each Bidder’s compliance with the documents
prescribed in ITB Clause 12, using a non-discretionary “pass/fail”
criterion. If a Bidder submits the required document, it shall be rated
“passed” for that for that particular requirement. In this regard, bids that
fail to include any requirement or are incomplete or patently insufficient
shall be considered as “failed”. Otherwise, the BAC shall rate the said
first bid envelope as “passed”.
24.4 Letters of Withdrawal shall be read out and recorded during bid opening,
and the envelope containing the corresponding withdrawn bid shall be
returned to the Bidder unopened.
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24.5 All members of the BAC who are present during bid opening shall initial
every page of the original copies of all bids received and opened.
24.6 In the case of an eligible foreign bidder as described in the ITB Clause 5,
the following Class “A” Documents may be substituted with the
appropriate equivalent documents, if any, issued by the country of the
foreign bidder concerned, which shall likewise be uploaded and
maintained in the PhilGEPS in accordance with Section 8.5.2 of the IRR.:
24.7 Each partner of a joint venture agreement shall likewise submit the
document required in ITB Clause 12.1(a)(i). Submission of documents
required under ITB Clause 12.1(a)(ii) to 12.1(a)(iv) by any of the joint
venture partners constitutes compliance.
24.8 The Procuring Entity shall prepare the minutes of the proceeding 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.
24.8 The Bidder 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 cost
of materials.
25.1. Members of the BAC, including its staff and personnel, as well as its
Secretariat and TWG, are prohibited from making or accepting any
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kind of 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 26.
25.2 any effort by a Bidder to influence the Procuring Entity in the Procuring
Entity’s decision in respect of the bid evaluation, bid comparison or
contract award will result in the rejection of the Bidder’s bid.
27.1. The PROCURING ENTITY will undertake the detailed evaluation and
comparison of Bids which have passed the opening and preliminary
examination of Bids, pursuant to ITB Clause 24, in order to determine
the Lowest Calculated Bid.
a) Completeness of the Bid. Unless the BDS allows partial bids, bids
not addressing or providing all of the required items in the
Schedule of Requirements including, where applicable, bill of
quantities, shall be considered non-responsive and, thus,
automatically disqualified. In this regard, where a required item
is provided, but no price is indicated, the same shall be
considered as non-responsive, but specifying a zero (0) or a
dash (-) for the said item would mean that it is being offered for
free to the Procuring Entity, except those required by the law or
regulations to be provided for; and
b) Arithmetic Corrections: Consider computational errors,
omissions to enable proper comparison of all eligible bids. It
may also consider bid modifications. Any adjustment shall be
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calculated in monetary terms to determine the calculated
prices.
27.4 Based on the detailed evaluation of bids, those that comply with the
above-mentioned requirements shall be ranked in ascending order of their
total calculated bid prices, as evaluated and corrected for computational
errors, discounts and other modifications, to identify the Lowest Calculated
Bid. Total calculated bid prices, as evaluated and corrected for
computational errors, discounts and other modifications, which exceed
the ABC shall not be considered, unless otherwise indicated in the BDS.
27.5 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.
27.7 If so indicated pursuant to ITB Clause 1.2. Bids are being invited 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 simultaneously so as to determine to 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 18 shall be submitted for each contract (lot) separately. The
28.1. The BAC shall determine to its satisfaction whether the Bidder that is
evaluated as having submitted the Lowest Calculated Bid complies
with and is responsive to all requirements and conditions specified in
ITB Clauses 5,12, and 13.
28.2 Within a non-extendible period of five (5) calendar days from receipt
by the bidder of the notice from the BAC that it submitted the Lowest
Calculated Bid, the Bidder shall submit its latest income and business
tax returns filed and paid through the BIR Electronic filing and Payment
System (eFPS) and other appropriate licenses and permit required by
law and stated in the BDS.
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any of the documents submitted is made, it shall cause the forfeiture
of the bid security in accordance with Section 69 of the IRR of RA 9184.
28.4 If the BAC determines that the Bidder with the Lowest Calculated Bid
passes all the criteria for post-qualification, it shall declare the said bid
as the LCRB, and recommend to the HoPE the award of contract to
the said Bidder at its submitted price ot its calculated bid price,
whichever is lower, subject to ITB Clause 30.3.
28.6 Within a period not exceeding fifteen (15) calendar days from the
determination by the BAC of the LCRB and the recommendation to
award the contract, the HoPE or his duly authorized representative
shall approve or disapprove the said recommendation.
Page 27
misrepresentation made in the eligibility and bidding requirements,
statements or documents, or any changes in the situation of the
Bidder which will affect its capability to undertake the projects so that
it fails the preset eligibility or bid evaluation criteria, the Procuring Entity
shall consider the said Bidder as ineligible and shall disqualify it from
submitting a bid or from obtaining an award or contract.
29.2 Based on the following grounds, the Procuring Entity 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:
Award of Contract
30.1 Subject to ITB Clause 28, the HoPE or its duly authorized representative
shall award the contract to the Bidder whose bid has been
determined to be the LCRB.
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30.2 Prior to the expiration of the period of bid validity, the Procuring Entity
shall notify the successful 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 and submitted personally or sent by registered
mail or electronically to the Procuring Entity.
31.1 At the same time as the Procuring Entity notifies the successful
Bidder that its bid has been accepted, the Procuring Entity shall
send the Contract Form to the Bidder, which Contract has been
provided in the Bidding Documents, incorporating therein all
agreements between the parties
31.2 Within ten (10) calendar days from receipt of the Notice of Award,
the successful bidder shall post the required performance security,
sign and date the contract and return it to the Procuring Entity.
31.3 The Procuring Entity shall enter into contract with the successful
Bidder within the same ten (10) calendar day period provided that
all the documentary requirements are complied with.
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;
Page 29
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.
Page 30
certified by the Insurance
Commission as authorized to
issue such security.
3. Notice to Proceed
Within seven (7) calendar days from the date of approval of the
contract by the appropriate government approving authority, the
Procuring Entity shall issue the Notice to Proceed (NTP) together with
a copy or copies of the approved contract to the successful Bidder.
All notices called for by the terms of the contract shall be effective
only at the time of receipt thereof by the successful Bidder.
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Section III. Bid Data Sheet
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ITB Clause
1 The PROCURING ENTITY is LOCAL GOVERNMENT UNIT of
,Aguilar,Pangasinan
Page 33
17.1 Bids will be valid for one hundred twenty (120) calendar days from
the date of opening of bids.
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20.3 Each bidder shall submit One (1) original and two (2) copies of the
first and second components of its bid.
The address for submission of bids is :
BIDS AND AWARDS COMMITTEE
Municipality of Aguilar
Aguilar, Pangasinan
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SECTION IV . SPECIAL CONDITIONS OF THE CONTRACT
Page 36
Special Conditions of Contract
GCC
Clause
1.16 The Intended Completion Date is Ten (10) days upon receipt
of Notice to Proceed.
1.21 The Procuring Entity is:
Municipality of Aguilar
Aguilar, Pangasinan
1.23
1.27 The Start Date is the date of receipt of the Notice to Proceed
by the Contractor.
1.30 The Works consist of the Purchase of Organic Fertilizers of
LGU-, Aguilar, Pangasinan
2.2 No further instructions.
5.1 The Procuring Entity shall give possession of all parts of the Site
to the Contractor upon receipt of the Notice to Proceed.
6.5 The Contractor shall employ the following Key Personnel:
a) Manager with at least experience in similar project
b) Delivery Man with at least experience in similar project
c) Driver
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In case of semi-permanent structures, such as buildings of
types 1, 2, and 3 as classified under the National Building
Code of the Philippines, concrete/asphalt roads, concrete
river control, drainage, irrigation lined canals, river landing.
Deep wells, rock causeway, pedestrian overpass, and other
similar semi=permanent structures: Five (5) years.
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51.1 No further instructions.
51.2 No Further Instructions
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Section VI. Specification
Page 40
TECHNICAL SPECIFICATION
ITEM
DESCRIPTION
NO.
Page 41
Section V11. Delivery Schedule
Page 42
Delivery Schedule
Page 43
Section V111. Bill of Quantities
Page 44
BILL OF QUANTITIES, BID PRICES AND PRICE SCHEDULE
Unit
Item Description Quantity Unit Cost Amount
No.
Organic Fertilizers 50
kgs../bag 1240 bags
1
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Section 1X. Bidding Forms
Page 46
Municipality of Aguilar
Name of Procuring Entity
Checklist for Technical Proposals including Eligibility Requirements for the BAC
2. Statement of All On-going Government and Private Contracts which are similar in
nature.
5. JVA or the Duly Notarized Statement in accordance with Section 23.1(b) of this IRR,
if applicable
6. Bid Security
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7. Technical Specifications
Page 48
OMNIBUS SWORN STATEMENT
AFIDAVIT
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:
If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at
[address of Bidder];
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];
3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the
Philippines or any of its agencies, offices, corporations, or local Government Units, foreign
government/foreign or international financing institution whose blacklisting rules have
been recognized by the Government Procurement Policy Board, by itself or by relation,
membership, association, affiliation, of controlling interest with another blacklisted person
or entity as defined and provided for in the Uniform Guidelines on Blacklisting;
5. [Name of Bidder] is authorizing the head of the procuring Entity or its duly authorized
representative(s) to verify all the documents submitted;
if a sole proprietorship: I ‘am not related to the Head of the Procuring Entity, members f
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;
Page 49
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:
c) Making an estimate of the facilities available and needed for the contract to be bid, if
any; and
9. 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 activity or activity.
10. In case advance payment was made or given, failure to perform or deliver any of the
obligations and undertakings in the contract shall be sufficient grounds to constitute
criminal liability for Swindling (Estafa) or the commission of fraud with unfaithfulness or
abuse of confidence through misappropriating or corverting any payment received by a
person or entity under an obligation involving the duty to deliver certain goods or services,
to the prejudice of the public and the government of the Philippines pursuant to Article 315
of Act No. 3815 s. 1930, as amended, or the Revised Penal Code.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____, 20____ at
_______________________________,Philippines.
__________________________________________
Bidder’s Representative/Authorized Signatory
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Republic of the Philippines
Department of Trade & Industry
(REGION I)
Certificate of Registration
Of
BUSINESS NAME
Which will expire on ____________________, in accordance with the provision of Act No. 3883 of the
Philippine Legislature approved on November 14, 1931 as amended by Act No. 4147, approved
November 28, 1938, and Republic Act No. 863, approved June 16, 1953, and in compliance with
the rules and regulations prescribed by the Department of Trade and Industry.
AFFIX
(Name of Director)
DOCUMENTARY
Director, DTI
STAMP
NOTE: THIS IS NOT A LICENSE TO ENGAE IN ANY KIND OF BUSINESS. (VALID ONLY AT THE BUSINESS
ADDRESS INDICATED HEREIN)
Bilang: ____________________
Page 51
Republic of the Philippines
Name of the City or Municipality
Address
Telephone and Fax Numbers
Website Address
E-mail Address
PAHINTULOT SA PANGANGALAKAL
(BUSINESS PERMIT)
MATALASTAS NG LAHAT:
(KNOW ALL MEN BY THESE PRESENTS :)
Na Si/Ang:
(That:) _ (Name of Bidder)________________________
Na matatagpuan at maypahatirangsulatsa
(with postal address at)
BagongRepublikangPilipinas ay pinagkakaloobanngpahintulotnamangalakalbilang
(New Republic of the Philippines, is hereby granted the permit to operate as)
________________________________________
Nagyongika-________________________ ng _____________________
(on this) (day of)
Angpahintulotnaito ay matatapossaika- ___________________________________
( This permit expires on)
HALAGA ___________
(Amount) (Name of Head) (name of
Mayor)
Business permit Office PunongLungsod Mayor
Page 52
_______________________ Project Reference :Number
Name of Procuring Entity Name of project
Location of the Project
Bidder’s Role % of
Name of a. Owner’s Name Nature a. Date Awarded Accomplishment Value of
Contract/Project b. Address of b. Date Started Outstanding
Cost c. Telephone Nos. Work Description % c. Date of Completion Planned Actual Works/Undelive
Portion
Government
Private
Submitted by :____________________________________________
(Printed Name & Signature)
Designation : ____________________________________________
Date : ____________________________________________
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_______________________ Project Reference
Number
Name of Procuring Entity Name of project
Location of the Project
Statement of all Government & Private Contracts completed which are similar in
nature
Bidder’s Role % of
Name of d. Owner’s Name Nature d. Date Awarded Accomplishment Value of
Contract/Project e. Address of e. Date Started Outstanding
Cost f. Telephone Nos. Work Description % f. Date of Completion Planned Actual Works/Undelive
Portion
Government
Private
Submitted by :____________________________________________
(Printed Name & Signature)
Designation : ____________________________________________
Date : ____________________________________________
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_______________________ Project Reference Number:
Name of Procuring Entity Name of project:
Location of the Project:
Year 20__
1. Total Assets
2. Current Assets
B. The Net Financial Contracting Capacity (NFCC) based on the above data is computed as
follows:
NFCC = K (Current asset – current liabilities) minus value of all outstanding works under
ongoing contracts including awarded contracts yet to be started
NFCC = P __________________________________
K = 10 for a contract duration of one year less, 15 for more than one year up to two years
and 20 for more than two years
Submitted by:
______________________________________
Name of Supplier/Distributor/Manufacturer
______________________________________
Signature of Authorized Representative
Date: _____________________
_______________________
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_______________________ Project Reference
Number
Name of Procuring Entity Name of project
Location of the Project
Note:
ACKNOWLEDGEMENT
___________________
(Notary Public)
Until _______
PTR No. _______
Date _______
Place _______
TIN NO. _______
Doc. No. ______
Page No.______
Book No. ______
Series No. _____
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______________________ Project Reference
Number
Name of Procuring Entity Name of project
Location of the Project
Submit copy of the Organizational Chart that the Contractor intends to use to
execute the Contract if awarded to him. Indicate in the chart that the names of
the Project Manager, Project Engineer, Bridge Engineer, Structural Engineer,
Materials and Quality Control Engineer, Foreman and other Key Engineering
Personnel.
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______________________ Project Reference
Number
Name of Procuring Entity Name of project
Location of the Project
MANPOWER SCHEDULE
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