VOL 1-Bidding Documents PDF

Republic of the Philippines
BIDDING
DOCUMENTS
Civil Works of LRT Line 2

East (Masinag) Extension Project
PACKAGE 2 – DESIGN AND BUILD OF

STATIONS
(Volume 1)
CONTENTS
Section I Invitation to Bid
Section II Instructions to Bidders
Section III Bid Data Sheet
Section IV General Conditions of Contract
Section V Special Conditions of Contract
Section VI Procuring Entity’s Requirements (Volume 2)
1. Part 1 – Terms of Reference
2. Part 2 – Particular Design and Performance

Specifications
3. Appendix to Terms of Reference (TOR)
Section VII Conceptual Design Drawings (Volume 3)
Section VIII Bidding Forms
Contract for the Civil Works of LRT Line 2 1 BID DOCUMENTS

East (Masinag) Extension Project Contents
Package 2 – Design and Build of Two (2) Stations
Section I. Invitation to Bid
Contract for the Civil Works of LRT Line 2 I-2 BID DOCUMENTS
East (Masinag) Extension Project Section I. Invitation to Bid
INVITATION TO BID
CIVIL WORKS OF LRT LINE 2
EAST (MASINAG) EXTENSION PROJECT
PACKAGE 2 – DESIGN AND BUILD OF STATIONS
Schedule of Activities
Pre-Bid Conference : 22 September 2015, 10:00 a.m.
Department of Transportation and Communications (DOTC)
Unit 167, 16th Floor, The Columbia Tower, Ortigas Ave.,
Brgy. Wack-Wack, Mandaluyong City 1555
Deadline for Submission : 20 November 2015, 10:00 a.m.
of Bids and Opening Department of Transportation and Communications (DOTC)
Eligibility and Technical Unit 167, 16th Floor, The Columbia Tower, Ortigas Ave.,
Documents (First Step of Brgy. Wack-Wack, Mandaluyong City 1555
Procedure)
The Department of Transportation and Communications (DOTC), through the General

Appropriations Act (GAA) for CY 2015, intends to apply the sum of One Billion One
Hundred Seventy Two Million Nine Hundred Ninety Nine Thousand Three Hundred
Pesos (Php 1,172,999,300.00) for the Design and Build of Emerald and Masinag Stations of
the LRT Line 2 East (Masinag) Extension Project (Package 2), inclusive of all duties, taxes,
and/or other charges. Bids received in excess of the Approved Budget for the Contract (ABC)
shall be automatically rejected at the bid opening.
The DOTC now invites bids from Prospective/Interested Bidders with the following details:
Bid Security *
Approved Budget for Cash/CC-MC/Bank Cost of Bid
Description
the Contract (ABC) draft guarantee ILC Surety bond (5%) *** Documents
(2%) **
Contract for the
Civil Works of
LRT Line 2 East
(Masinag)
Php 1,172,999,300.00 Php 23,459,986.00 Php 58,649,965.00 Php 75,000.00
Extension
Project,
Package 2
* Bid Security must include a duly notarized Bid Security Declaration or any other form of bid security
pursuant to GPPB Resolution No. 25-20/3 and Section 25.7 of the R-IRR of R.A. 9184-Sixth (6th) Edition
2012.
** Only those issued by universal or commercial banks.
*** Only those issued by duly authorized/acceptable bonding companies.
Completion of Works is required within five hundred forty (540) calendar days. Bidders
should have a contract similar to the Project, the value of which, adjusted to current prices
using the National Statistics Office (NSO) consumer price indices, is at least fifty (50%)
percent of the ABC. The description of an eligible bidder is contained in the Bidding
Documents, particularly, in Section II. Instructions to Bidders and Section III. Bid Data
Sheet.
Bidding will be conducted through two (2)-stage competitive bidding procedures using non-
discretionary “pass/fail” criteria as specified in the Revised Implementing Rules and
Regulations (IRR) of Republic Act No. (R.A.) 9184, otherwise known as the “Government
Procurement Reform Act”. The provisions of Annex “G” (Guidelines for the Procurement
and Implementation of Contracts for Design and Build of Infrastructure Projects) of the
said Revised IRR of R.A. No. 9184 shall likewise be applied in the procurement process
and implementation of the subject project.
Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations

with at least seventy five (75%) percent interest or outstanding capital stock belonging to
citizens of the Philippines, subject to the condition for eligibility provided in the Revised
IRR of R.A. 9184.
A complete set of Bidding Documents may be purchased by interested Bidders at the address
below and upon payment of a non-refundable fee for the Bidding Documents in the amount
of Seventy Five Thousand Pesos (Php 75,000.00).
The Bidding Documents may also be downloaded free of charge from the website of the
Philippine Government Electronic Procurement System (PhilGEPS) (www.philgeps.gov.ph),
DOTC (www.dotc.gov.ph) and LRTA (www.lrta.gov.ph) websites, provided that the bidder
shall pay the fee for the Bidding Documents not later than the submission of their bids.
The Pre-Bid Conference shall be open to all interested Bidders.
The Deadline for Submission of Bids (Eligibility, Technical and Financial) is on 20

November 2015. The Opening of the First Step of Procedure (Eligibility and Technical
submission of the bid) will be held publicly in the presence of the Bidders’ authorized
representatives who choose to attend. Late Bids shall not be accepted. All Bids must be
accompanied by a bid security in any of the acceptable forms and in the amount stated in the
Instruction to Bidders and the Bid Data Sheet.
Eligible and technically-qualified Bidders shall be notified of the schedule of the Opening of
the Financial Bid (Second Step of Procedure) upon completion of the evaluation and
validation of the submitted documents during the First Step of Procedure.
The DOTC reserves the right to accept or reject any and all bids, to annul the bidding
process, and to reject all Bids at any time prior to contract award, without thereby incurring
any liability to the affected bidder or bidders.
Section II. Instructions to Bidders
Contract for the Civil Works of LRT Line 2 II - 6 BID DOCUMENTS

East (Masinag) Extension Project Section II. Instructions to Bidders
TABLE OF CONTENTS
A. GENERAL ................................................................................................................................
9
1. SCOPE OF BID ..........................................................................................................................

9
2. SOURCE OF FUNDS ................................................................................................................ 9
3. CORRUPT, FRAUDULENT, AND COERCIVE PRACTICES .............................................. 9
4. CONFLICT OF INTERESTS .................................................................................................... 11
5. ELIGIBLE BIDDERS ................................................................................................................
12
6. BIDDER’S RESPONSIBILITIES ............................................................................................. 13
7. ORIGIN OF GOODS AND SERVICES .................................................................................... 15
8. SUBCONTRACTS .....................................................................................................................
15
B. CONTENTS OF BIDDING DOCUMENTS ..........................................................................

15
9. PRE-BID CONFERENCE .........................................................................................................

15
10. CLARIFICATION AND AMENDMENT OF BIDDING DOCUMENTS ............................... 16
C. PREPARATION OF BIDS ......................................................................................................

16
11. LANGUAGE OF BID ................................................................................................................ 16

12. DOCUMENTS COMPRISING THE BID: ELIGIBILITY AND TECHNICAL
COMPONENTS .........................................................................................................................
17
13. DOCUMENTS COMPRISING THE BID: FINANCIAL COMPONENT ............................... 19
14. ALTERNATIVE BIDS .............................................................................................................. 20
15. BID PRICES ...............................................................................................................................
20
16. BID CURRENCIES ................................................................................................................... 21
17. BID VALIDITY .........................................................................................................................
22
18. BID SECURITY .........................................................................................................................
22
19. FORMAT AND SIGNING OF BIDS ........................................................................................ 24
20. SEALING AND MARKING OF BIDS ..................................................................................... 25
D. SUBMISSION AND OPENING OF BIDS .............................................................................

25
21. DEADLINE FOR SUBMISSION OF BIDS .............................................................................. 25

22. LATE BIDS ................................................................................................................................
25
23. MODIFICATION AND WITHDRAWAL OF BIDS ................................................................ 26
24. OPENING AND PRELIMINARY EXAMINATION OF BIDS ............................................... 26
E. EVALUATION AND COMPARISON OF BIDS ..................................................................

28
25. PROCESS TO BE CONFIDENTIAL ........................................................................................ 28

26. CLARIFICATION OF BIDS .....................................................................................................
28
27. DETAILED EVALUATION AND COMPARISON OF BIDS ................................................ 29
28. POST-QUALIFICATION ..........................................................................................................
30
29. RESERVATION CLAUSE ........................................................................................................
31
F. AWARD OF CONTRACT ......................................................................................................

32
30. CONTRACT AWARD ..............................................................................................................

32
31. SIGNING OF THE CONTRACT .............................................................................................. 32
32. PERFORMANCE SECURITY ..................................................................................................33
33. NOTICE TO PROCEED ............................................................................................................
34

A. General
1. Scope of Bid
1.1 The procuring entity as defined in the BDS, invites bids for the Works, as
described in Section VI, Specifications. 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 SCC Clause 1.16.
2. Source of Funds
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.
3. Corrupt, Fraudulent, Collusive, and Coercive Practices
3.1. Unless otherwise specified in the BDS, the Procuring Entity as well as the
bidders and contractors, shall observe the highest standard of ethics during the
procurement and execution of the contract. In pursuance of this policy, the
Funding Source:
a. defines, for purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means behavior on the part of officials in the

public or private sectors by which they improperly and
unlawfully enrich themselves, others, or induce others to do so,
by misusing the position in which they are placed, and includes
the offering, giving, receiving, or soliciting of anything of value
to influence the action of any such official in the procurement
process or in contract execution; entering, on behalf of the
Procuring Entity, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby, and similar acts as
provided in Republic Act (RA) 3019;
(ii) “fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of a
contract to the detriment of the Procuring Entity, and includes
collusive practices among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial, non-
competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition.
(iii) “collusive practices” means a scheme or arrangement between

two or more Bidders, with or without the knowledge of the

Procuring Entity, designed to establish bid prices at artificial,
non-competitive levels; and
(iv) “coercive practices” means harming or threatening to harm,
(v) directly or indirectly, persons, or their property to influence

their participation in a procurement process, or affect the
execution of a contract;
(vi) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or

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

inspection and audit rights of the Procuring Entity or
any foreign government/foreign or international
financing institution herein.
b) will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in corrupt or fraudulent practices
in competing for the Contract; and
c) will declare a firm ineligible, either indefinitely or for a stated period

of time, to be awarded Contract funded by the Funding Source if it at
any time determines that the firm has engaged in corrupt or fraudulent
practices in competing or, in executing, a Contract funded by the
Funding Source.
3.2 Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under applicable laws on
individuals and organizations deemed to be involved in any of the practices
mentioned in ITB Clause 3.1(a.)
3.3 Furthermore, the Funding Source and the Procuring Entity reserve the right to
inspect and audit records and accounts of a contractor in the bidding for and in
performance of a contract themselves or through independent auditors as
reflected in the GCC Clause 34.

4. Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to

participate in the procurement at hand, without prejudice to the imposition of
appropriate administrative, civil, and criminal sanctions. A Bidder may be
considered to have conflicting interests with another Bidder in any of the
events described in paragraphs (a) through (c) and a general conflict of interest
in any of the circumstances set out in paragraphs (d) through (g) below:
a) A Bidder has controlling shareholders in common with another Bidder;
b) A Bidder receives or has received any direct or indirect subsidy from

any other Bidder;
c) A Bidder has the same legal representative as that of another Bidder for
purposes of this bid;
d) A Bidder has a relationship, directly or through third parties, that puts

them in a position to have access to information about or influence on
the bid of another Bidder or influence the decisions of the Procuring
Entity regarding this bidding process. 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; or
f) A Bidder who participated as a consultant in the preparation of the

design and related services that are the subject of the bid; or
g) A Bidder who lends, or temporary seconds, its personnel to firms or

organizations which are engaged in consulting services for the
preparation related to procurement for or implementation of the project,
if the personnel would be involved in any capacity on the same project.
4.2 In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents
shall be accompanied by a sworn affidavit of the Bidder that it is not related to
the Head of the Procuring Entity, members of the Bids and Awards Committee
(BAC), members of the Technical Working Group (TWG), members of the
BAC Secretariat, the head of the Project Management Office (PMO) or the
end-user unit, and the project consultants, by consanguinity or affinity up to
the third civil degree. On the part of the Bidder, this Clause shall apply to the
following persons:
a) If the Bidder is an individual or a sole proprietorship, to the Bidder

himself;
b) If the Bidder is a partnership, to all its officers and members;

c) If the Bidder is a corporation, to all its officers, directors, and
controlling stockholders; 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.
e) Relationship of the nature described above or failure to comply with

this Clause will result in the automatic disqualification of a Bidder.
5. Eligible Bidders
5.1 Unless otherwise indicated in the BDS, the following persons shall be eligible
to participate in this Bidding:
a) Duly licensed Filipino citizens/sole proprietorships;
b) Partnerships duly organized under the laws of the Philippines and of

which at least seventy five percent (75%) of the interest belongs to
citizens of the Philippines;
c) Corporations duly organized under the laws of the Philippines, and of

which at least seventy five percent (75%) of the outstanding capital
stock belongs to citizens of the Philippines;
d) Cooperatives duly organized under the laws of the Philippines, and of

which at least seventy five percent (75%) of the interest belongs to
citizens of the Philippines; and
e) Persons/entities forming themselves into a JV, i.e., a group of two (2)

or more persons/entities that intend to be jointly and severally
responsible or liable for a particular contract: Provided, however, that,
in accordance with Letter of Instructions No. 630, Filipino ownership
or interest of the joint venture concerned shall be at least seventy five
percent (75%): Provided, further, that joint ventures in which Filipino
ownership or interest is less than seventy five percent (75%) may be
eligible where the structures to be built require the application of
techniques and/or technologies which are not adequately possessed by
a person/entity meeting the seventy five percent (75%) Filipino
ownership requirement: Provided, finally, that in the latter case,
Filipino ownership or interest shall not be less than twenty five percent
(25%). For this purpose Filipino ownership or interest shall be based
on the contributions of each of the members of the joint venture as
specified in their JVA.
5.2 The Procuring Entity may also invite foreign bidders when provided for under
any Treaty or International or Executive Agreement as specified in the BDS.
5.3 Government corporate entities may be eligible to participate only if they can
establish that they (a) are legally and financially autonomous, (b) operate

under commercial law, and (c) are not dependent agencies of the GOP or the
Procuring Entity.
5.4. a) Unless otherwise provided in the BDS, the Bidder must have completed at
least one (1) single contract that is similar to this Project, equivalent to at least
fifty percent (50%) of the ABC adjusted to current prices using the National
Statistics Office consumer price index.
b) For Foreign-funded Procurement, the Procuring Entity and the foreign

government/foreign or international financing institution may agree on another
track record requirement, as specified in the BDS.
For this purpose, contracts similar to the Project shall be those described in the
BDS, and completed within the period stated in the Invitation to Bid and ITB
Clause 1.2.
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) (K)] 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.
Where:
K = 10 for a contract duration of one year or less, 15 for a contract

duration of more than one year up to two years, and 20 for a contract
duration of more than two years.
The values of the bidder’s current assets and current liabilities shall be based
on the data submitted to the BIR, through its Electronic Filing and Payment
System (EFPS).
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 as required in ITB
Clause12.1(b)(iii).
6.2 The Bidder is responsible for the following:
a) Having taken steps to carefully examine all of the Bidding Documents;
b) Having acknowledged all conditions, local or otherwise, affecting the

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

d) Having complied with its responsibility to inquire or secure
Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.3.
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 Head of the Procuring Entity or its duly authorized

representative/s to verify all the documents submitted;
h) Ensuring that the signatory is the duly authorized representative of the

Bidder, and granted full power and authority to do, execute and
perform any and all acts necessary and/or to represent the Bidder in the
bidding, with the duly notarized Secretary’s Certificate attesting to
such fact, if the Bidder is a corporation, partnership, cooperative, or
joint venture;
i) Complying with the disclosure provision under Section 47 of RA 9184

in relation to other provisions of RA 3019; and
j.) Complying with existing labor laws and standards, if applicable.
Failure to observe any of the above responsibilities shall be at the risk of the
Bidder concerned.
6.3 The Bidder, by the act of submitting its bid, shall be deemed to have inspected
the site, determined the general characteristics of the contract works and the
conditions for this Project and examine all instructions, forms, terms and
project requirements in the Bidding Documents.
6.4 It shall be the sole responsibility of the prospective Bidder to determine and to
satisfy itself by such means as it considers necessary or desirable as to all
matters pertaining to the contract to be bid, including: (a) the location and the
nature of the contract, project, or work; (b) climatic conditions; (c)
transportation facilities; and (d) 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 (e) other factors that may affect the cost,
duration and execution or implementation of the contract, project, or work.
6.5 The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity.

6.6 Before submitting their bids, the Bidders are deemed to have become familiar
with all existing laws, decrees, ordinances, acts and regulations of the
Philippines which may affect this 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 Bidders should note that the Procuring Entity will only accept bids from
those that have paid the nonrefundable fee for the Bidding Documents at the
office indicated in the Invitation to Bid.
7. Origin of Goods and Services
There is no restriction on the origin of Goods, or Contracting of Works or Services

other than those prohibited by a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations.
8. Subcontracts
8.1 Unless otherwise specified in the BDS, the Bidder may subcontract portions of
the Works to an extent as may be approved by the Procuring Entity and stated
in the BDS. However, subcontracting of any portion shall not relieve the
Bidder from any liability or obligation that may arise from the contract for this
Project.
8.2 Subcontractors must submit the documentary requirements under ITB

Clause 12 and comply with the eligibility criteria specified in the BDS. In the
event that any subcontractor is found by the Procuring Entity to be ineligible,
the subcontracting of such portion of the Works shall be disallowed.
8.3 The Bidder may identify the subcontractor to whom a portion of the Works
will be subcontracted at any stage of the bidding process or during contract
implementation. If the Bidder opts to disclose the name of the subcontractor
during bid submission, the Bidder shall include the required documents as part
of the technical component of its bid.
B. Contents of Bidding Documents
9. Pre-Bid Conference
9.1 a) If so specified in the BDS, a pre-bid conference shall be held at the venue
and on the date indicated therein, to clarify and address the Bidders’ questions
on the technical and financial components of this Project.
b) The pre-bid conference shall be held at least twelve (12) calendar days
before the deadline for the submission of and receipt of bids. If the Procuring
Entity determines that, by reason of the method, nature, or complexity of the
contract to be bid, or when international participation will be more
advantageous to the GOP, a longer period for the preparation of bids is
necessary, the pre-bid conference shall be held at least thirty (30) calendar

days before the deadline for the submission and receipt of bids, as specified in
the BDS.
9.2 Bidders are encouraged to attend the pre-bid conference to ensure that they
fully understand the Procuring Entity’s requirements. Non-attendance of the
Bidder will in no way prejudice its bid; however, the Bidder is expected to
know the changes and/or amendments to the Bidding Documents as recorded
in the minutes of the pre-bid conference and the Supplemental/Bid Bulletin.
9.3 Any statement made at the pre-bid conference shall not modify the terms of
the Bidding Documents unless such statement is specifically identified in
writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.
10. Clarification and Amendment of Bidding Documents
10.1 Bidders who have purchased the Bidding Documents may request for
clarification(s) on any part of the Bidding Documents or for an interpretation.
Such 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 Supplemental/Bid Bulletins may 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.
10.3 Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the
Philippine Government Electronic Procurement System (PhilGEPS) and the
website of the Procuring Entity concerned, if available. Unless, otherwise
provided in BDS, it shall be the responsibility of all Bidders who secure the
Bidding Documents to inquire and secure Supplemental/Bid Bulletins that
may be issued by the BAC. However, Bidders who have submitted bids before
the issuance of the Supplemental/Bid Bulletin must be informed and allowed
to modify or withdraw their bids in accordance with ITB Clause 23.
C. Preparation of Bids
11. Language of Bids
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. 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 translation of
the documents in English. The documents shall be translated by the relevant foreign
agency, the foreign government agency authorized to translate documents or a
registered translator in the foreign bidder’s country; and shall be authenticated by the
appropriate Philippine foreign service establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s affairs in the Philippines. The English
translation shall govern, for purposes of interpretation of the bid.

12. Documents Comprising the Bid: Eligibility and Technical Components
12.1 Unless otherwise indicated in the BDS, the first envelope shall contain the
following eligibility and technical documents:
a) Eligibility Documents –
Class “A” Documents:
i) Registration certificate from the Securities and Exchange

Commission (SEC), Department of Trade and Industry (DTI)
for sole proprietorship, or Cooperative Development Authority
(CDA) for cooperatives, or any proof of such registration as
stated in the BDS;
ii) Mayor’s permit issued by the city or municipality where the

principal place of business of the prospective bidder is located;
iii) Statement of all its ongoing government and private contracts

including contracts awarded but not yet started, if any,whether
similar or not similar in nature and complexity to the contract
to be bid; and
Statement identifying the bidder’s single largest completed

contract that is similar to the project to be bid.
The statement shall include, for each contract, the following:
iii.1) name of the contract;
iii.2) date of the contract;
iii.3) contract duration;
iii.4) owner’s name and address;
iii.5) nature of work;
iii.6) contractor’s role (whether sole contractor,

subcontractor, or partner in a JV) and percentage of
participation;
iii.7) total contract value at award;
iii.8) date of completion or estimated completion time;
iii.9) total contract value at completion, if applicable;
iii.10) percentages of planned and actual accomplishments, if

applicable;
iii.11) value of outstanding works, if applicable;

iii.12) the statement shall be supported by the notices of award
and/or notices to proceed issued by the owners; and
iii.13) the statement shall be supported by Owner’s Certificate

of Final Acceptance or the Certificate of Completion
and, whenever applicable, the Constructors
Performance Evaluation System (CPES) Final Rating,
which must be satisfactory;
iv) Unless otherwise provided in the BDS, valid Philippine

Contractors Accreditation Board (PCAB) license and
registration for the type and cost of the contract for this Project;
v) Audited financial statements, showing, among others, the

prospective total and current assets and liabilities, stamped
“received” by the Bureau of Internal Revenue (BIR) or its duly
accredited and authorized institutions, for the preceding
calendar year, which should not be earlier than two (2) years
from the date of bid submission;
vi) NFCC computation in accordance with ITB Clause 5.5;
vii) Tax clearance per Executive Order 398 Series of 2005 as

finally reviewed and approved by the BIR;
Class “B” Document:
viii) If applicable, valid Joint Venture Agreement (JVA) or, in lieu

thereof, duly notarized statements from all the potential joint
venture partners stating that they will enter into and abide by
the provisions of the JVA in the instance that the bid is
successful shall be included in the bid.
b) Technical Documents –
(i) Bid security in accordance with ITB Clause 18. If the

Procuring Entity requires the bidders to submit the bid security
in the form of:
(i.1) a bank draft/guarantee or an irrevocable letter of credit

issued by a foreign bank, it shall be accompanied by a
confirmation from a Universal or Commercial Bank; or
(i.2) a surety bond, it shall be accompanied by a certification

from an authorized Insurance Commission that a surety
or insurance company is authorized to issue such
instrument;
(ii) Project Requirements, which shall include the following:
(ii.1) Organizational chart for the contract to be bid;

(ii.2) List of contractor’s personnel (viz, Project Manager,
Project Engineers, Materials Engineers, and Foremen),
to be assigned to the contract to bid, with their complete
qualification and experience data;
(ii.3) List of contractor’s equipment units, which are owned,
leased, and/or under purchase agreements, supported by
certification of availability of equipment from the
equipment lessor/vendor for the duration of the project;
(ii.4) Preliminary Design Plans;
(ii.5) Design and Construction Methods;
(ii.6) Design and Construction Schedules
(ii.7) Value Engineering of Design and Construction
Methods;
(iii) Sworn statement in accordance with Section 25.2(b) (iv) of the
IRR of RA No. 9184 and using the form prescribed in Section
IX.
13. Documents Comprising the Bid: Financial Component
13.1 Unless otherwise stated in the BDS, the financial component of the bid shall
contain the following:
a) Financial Bid Form, in accordance with the form prescribed in Section
IX. Bidding Forms indicating lump sum bid prices which shall include
the detailed engineering costs; and
b) Detailed estimates (Price Schedules/Bill of Quantities) including a
summary sheet indicating the unit prices of construction materials,
labor rates and equipment rentals used in coming up with the bid;
c) Cash flow by the quarter and payment schedule; and
d) Any other document related to the financial component of the bid as
stated in the BDS.
13.2 a) Unless otherwise stated in the BDS, all bids that exceed the ABC shall
not be accepted.
b) Unless otherwise indicated in the BDS, for foreign-funded

procurement, a ceiling may be applied to bid prices provided the
following conditions are met:
i) Bidding Documents are obtainable free of charge on a freely

accessible website. If payment of Bidding Documents is
required by the Procuring Entity, payment could be made upon
the submission of bids.
ii) The Procuring Entity has procedures in place to ensure that the
ABC is based on recent estimates made by the engineer or the
responsible unit of the Procuring Entity and that the estimates
are based on adequate detailed engineering (in the case of
works) and reflect the quality, supervision and risk and
inflationary factors, as well as prevailing market prices,
associated with the types of works or goods to be procured.
iii) The Procuring Entity has trained cost estimators on estimating

prices and analyzing bid variances. In the case of infrastructure
projects, the Procuring Entity must also have trained quantity
surveyors.
iv) The procuring entity has established a system to monitor and

report bid prices relative to ABC and engineer’s/procuring
entity’s estimate.
v) The procuring entity has established a monitoring and

evaluation system for contract implementation to provide a
feedback on actual total costs of goods and works.
14. Alternative Bids
14.1 Alternative Bids shall be rejected. For this purpose, alternative bid is an offer
made by a Bidder in addition or as a substitute to its original bid which may be
included as part of its original bid or submitted separately therewith for
purposes of bidding. A bid with options is considered an alternative bid
regardless of whether said bid proposal is contained in a single envelope or
submitted in two (2) or more separate bid envelopes.
14.2 Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic technical design as indicated in the drawings
and specifications. Unless there is a value engineering clause in the BDS,
alternative bids shall not be accepted.
14.3 Each Bidder shall submit only one Bid, either individually or as a partner in a
JV. A Bidder who submits or participates in more than one bid (other than as a
subcontractor if a subcontractor is permitted to participate in more than one
bid) will cause all the proposals with the Bidder’s participation to be
disqualified. This shall be without prejudice to any applicable criminal, civil
and administrative penalties that may be imposed upon the persons and
entities concerned.
15. Bid Prices
15.1 The contract shall be for the whole Works, which is design and build, based on
Price Schedules/Bill of Quantities for the detailed engineering design, and for
the construction of the works submitted by the Bidder. Bidders shall quote for
the entire design and build contract on a “single responsibility” basis such that
the total bid prices covers all the Contractor’s obligations mentioned in or to
be reasonably inferred from the Bidding Documents in respect to design and
construction of the project. The obligations of the Contractor include, but not
limited to, acquisition of all permits, approvals and licenses, etc.; and, any and

all such items and services as maybe specified in the Bidding Documents, all
in accordance with the requirements of the General Conditions of Contract.
Items against which, no price is entered by the Bidder will not be paid for by
the Procuring Entity when executed and shall be deemed to be covered by the
prices for other items.
15.2 The Bidder shall fill in rates and prices for all items of the Works, which is
design and build, described in the Price Schedules/Bill of Quantities to be
submitted by the Bidder. The Bidder shall identify and enumerate any and all
items of Works, which is design and build, and fill-in the pertinent quantities,
unit rates, and prices. Bids not addressing or providing all of the required
items of works in the Price Schedules/Bill of Quantities including, where
applicable, Price Schedules/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.
15.3 All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, prior to the deadline for submission of bids,
shall be included in the rates, prices, and total bid price submitted by the
Bidder.
15.4 All bid prices for the given scope of work in the contract as awarded shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as
specified in GCC Clause 48. Price escalation may be allowed in extraordinary
circumstances as may be determined by the National Economic and
Development Authority in accordance with the Civil Code of the Philippines
and upon the recommendation of the Procuring Entity. Furthermore, in cases
where the cost of the awarded contract is affected by any applicable new laws,
ordinances, regulations, or other acts of the GOP, promulgated after the date
of bid opening, a contract price adjustment shall be made or appropriate relief
shall be applied on a no loss-no gain basis.
16. Bid Currencies
16.1 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
prevailing on 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
Peso at the exchange rate as published in the BSP reference rate bulletin on the
day of the bid opening.
16.3 Unless otherwise specified in the BDS, payment of the contract price shall be
made in Philippine Peso.

17. Bid Validity
17.1 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.
17.2 In exceptional circumstances, prior to the expiration of the Bid validity period,
the Procuring Entity may request Bidders to extend the period of validity of
their bids. The request and the responses shall be made in writing. The bid
security described in ITB Clause 18 should also be extended corresponding to
the extension of the bid validity period at the least. A Bidder may refuse the
request without forfeiting its bid security, but his bid shall no longer be
considered for further evaluation and award. A Bidder granting the request
shall not be required or permitted to modify its bid.
18. Bid Security
18.1 The procuring entity shall prescribe in the BDS the acceptable forms of bid
security that bidders may opt to use, which shall include the Bid Securing
Declaration or at least one (1) other form, the amount of which shall be equal
to the percentage of the ABC in accordance with the following schedule:
Amount of Bid Security

Form of Bid Security
(Equal to Percentage of the ABC)
a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.
b) Bank draft/guarantee or
irrevocable letter of credit issued
by a Universal or Commercial Two percent (2%)
Bank: Provided, however, that it
shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.
c) Surety bond callable upon
demand issued by a surety or
insurance company duly certified
Five percent (5%)
by the Insurance Commission as
authorized to issue such security;
and/or
d) Any combination of the Proportionate to share of form with
foregoing. respect to total amount of security
e) Bid Securing Declaration No percentage required.
For biddings conducted by local government units, the procuring entity may
also require bidders to submit bid securities in the form of cashier’s/manager’s

check, bank draft/guarantee, or irrevocable letter of credit from other banks
certified by the BSP as authorized to issue such financial statement.
The Bid Securing Declaration mentioned above is an undertaking which

states, among others, that the bidder shall enter into contract with the
procuring entity and furnish the performance security required under ITB
Clause 32.2, from receipt of the Notice of Award, and committing to pay the
corresponding fine, and be suspended for a period of time from being qualified
to participate in any government procurement activity in the event it violates
any of the conditions stated therein as provided in the guidelines issued by the
GPPB.
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 motion
for reconsideration and/or protest. Without prejudice on its forfeiture, Bid
Securities shall be returned only after the bidder with the Lowest Calculated
and 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 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 the ITB Clause 18.2.
18.5 The bid security may be forfeited:
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) fails to submit the requirements within the prescribed period or
a finding against their veracity as stated in ITB Clause 28.2;
iv) submission of eligibility requirements containing false
information or falsified documents;
v) submission of bids that contain false information or falsified
documents, or the concealment of such information in the bids
in order to influence the outcome of eligibility screening or any
other stage of the public bidding;
vi) allowing the use of one’s name, or using the name of another
for purposes of public bidding;

vii) withdrawal of a bid, or refusal to accept an award, or enter into
contract with the Government without justifiable cause, after
the Bidder had been adjudged as having submitted the Lowest
Calculated and Responsive Bid;
viii) refusal or failure to post the required performance security
within the prescribed time;
ix) refusal 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;
x) any documented attempt by a bidder to unduly influence the
outcome of the bidding in his favor;
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.
b. If the successful Bidder:

i) fails to sign the contract in accordance with ITB Clause 31;or
ii) fails to furnish performance security in accordance with ITB
Clause 32.
19. Format and Signing of Bids
19.1 Bidders shall submit their bids through their duly authorized representative
using the appropriate forms provided in Section IX. on or before the deadline
specified in the ITB Clauses 21 in two (2) separate sealed bid envelopes, and
which shall be submitted simultaneously. The first shall contain the technical
component of the bid, including the eligibility requirements under ITB Clause
12.1, and the second shall contain the financial component of the bid.
19.2 Forms as mentioned in ITB Clause 19.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.
19.3 The bidder shall prepare an original of the first and second envelopes as
described in ITB Clauses 12 and 13. In addition, the Bidder shall submit
copies of the first and second envelopes. In the event of any discrepancy
between the original and the copies, the original shall prevail.
19.4 The bid, except for unamended printed literature, shall be signed, and each and
every page thereof shall be initialed, by the duly authorized representative/s of
the Bidder.
19.5 Any interlineations, erasures, or overwriting shall be valid only if they are
signed or initialed by the duly authorized representative/s of the Bidder.

20. Sealing and Marking of Bids
20.1 Bidders shall enclose their original eligibility and technical documents
described in ITB Clause 12, in one sealed envelope marked “ORIGINAL -
TECHNICAL COMPONENT”, and the original of their financial component
in another sealed envelope marked “ORIGINAL - FINANCIAL
COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL
BID”.
20.2 Each copy of the first and second envelopes shall be similarly sealed duly
marking the inner envelopes as “COPY NO. ___ - TECHNICAL
COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and
the outer envelope as “COPY NO.___”, respectively. 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 indelible ink and shall be signed by the bidder or its duly
authorized representative/s.
20.4 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 10.1;
d) bear the specific identification of this bidding process indicated in the
Invitation to Bid; and
e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the
opening of bids, in accordance with ITB Clause21.
20.5 If bids are not sealed and marked as required, the Procuring Entity will assume
no responsibility for the misplacement or premature opening of the bid.
D. Submission and Opening of Bids
21. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or before
the date and time indicated in the BDS.
22. Late Bids
Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall
not be accepted by the Procuring Entity.

23. Modification and Withdrawal of Bids
23.1 The Bidder may modify its bid after it has been submitted; provided that the
modification is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Bidder shall not be allowed
to retrieve its original bid, but shall be allowed to submit another bid equally
sealed, properly identified, linked to its original bid marked as “TECHNICAL
MODIFICATION” or “FINANCIAL MODIFICATION” and stamped
“received” by the BAC. Bid modifications received after the applicable
deadline shall not be considered and shall be returned to the Bidder unopened.
23.2 A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has
been submitted, for valid and justifiable reason; provided that the Letter of
Withdrawal is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids.
23.3 Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be
returned unopened to the Bidders. A Bidder may also express its intention not
to participate in the bidding through a letter which should reach and be
stamped by the BAC before the deadline for submission and receipt of bids. A
Bidder that withdraws its bid shall not be permitted to submit another bid,
directly or indirectly, for the same contract.
23.4 No bid may be modified after the deadline for submission of bids. No bid may
be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the
Financial Bid Form. Withdrawal of a bid during this interval shall result in the
forfeiture of the Bidder’s bid security, pursuant to ITB Clause18.5, and the
imposition of administrative, civil and criminal sanctions as prescribed by RA
9184 and its IRR.
24. Opening and Preliminary Examination of Bids
24.1 A single-stage two-steps procedure shall be undertaken by the Procuring

Entity which may be undertaken with the assistance of the Design and Build
Committee (DBC) or with the Procuring Entity’s Engineer (Project
Consultant).
24.2 First Step Procedure - The BAC shall open the first bid envelopes of Bidders
in public as specified in the BDS to determine each Bidder’s compliance with
the documents prescribed in ITB Clause 12. For this purpose, the BAC shall
check the submitted documents of each bidder against a checklist of required
documents to ascertain if they are all present, using a non-discretionary
“pass/fail” criterion. If a bidder submits the required document, it shall be
rated “passed” for that particular requirement. In this regard, bids that fail to
include any requirement or are incomplete or patently insufficient shall be
considered as “failed”. Otherwise, the BAC shall rate the said first bid
envelope as “passed”.
All the bids which are rated “passed” shall be then subjected to detailed
evaluation involving the review of the preliminary conceptual designs and
track record submitted by the Bidder, as required in ITB Clause 12.1(a) (iii)
and 12.1(b) (ii), using the non-discretionary “pass/fail” criteria that involved
compliance with the following requirements:
a) Compliance with required design and construction experience;
b) Quality of personnel to be assigned to the project which covers suitability
of key staff to perform the duties of the particular assignment and general
qualifications and competence including education and training of the key
staff;
c) Adherence of preliminary design plans to the required performance
specifications and parameters and degree of details specified by the
Procuring Entity that will enable the quantities to be estimated and
verified up to plus/minus fifteen percent (+/-15%) of the final quantities;
d) Concept of approach and methodology for detailed engineering design,
supervisions and construction with emphasis to clarity, feasibility,
innovativeness and comprehensiveness of the plan approach, and the
quality of interpretation of project problems, risk, and suggested
solutions;
e) Suitability of Design and Construction Schedules;
f) Value engineering analysis of design and construction methods to be
implemented; and
g) Suitability of contractor’s equipment units, which are owned, leased,
and/or under purchase agreements, supported by certification of
availability of equipment from the equipment lessor/vendor for the
duration of the project.
24.3 Second Step Procedure - Only those bids that passed the above criteria
indicated in the First Step Procedure shall be subjected to the Second Step
Procedure. Unless otherwise specified in the BDS, the BAC shall forthwith
open the second (financial) envelope of each remaining eligible bidder whose
first envelope passed the criteria of the First Step Procedure. In case one or
more of the requirements in the second envelope of a particular bid is missing,
incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the ABC unless otherwise provided in ITB Clause 13.1(b), the BAC
shall rate the bid concerned as “failed”. Only bids that are determined to
contain all the bid requirements for both components shall be rated “passed”
and shall immediately be considered for evaluation and comparison.
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. If the withdrawing Bidder’s representative is in
attendance, the original bid and all copies thereof shall be returned to the
representative during the bid opening. If the representative is not in
attendance, the bid shall be returned unopened by registered mail. The Bidder
may withdraw its bid prior to the deadline for the submission and receipt of
bids, provided that the corresponding Letter of Withdrawal contains a valid
authorization requesting for such withdrawal, subject to appropriate
administrative sanctions.

24.5 If a Bidder has previously secured a certification from the Procuring Entity to
the effect that it has previously submitted the above-enumerated Class “A”
Documents, the said certification may be submitted in lieu of the requirements
enumerated in ITB Clause 12.1(a), items (i) to (vi).
24.6 In the case of an eligible foreign Bidder as described in ITB Clause 5, the
Class “A” Documents enumerated in ITB Clause 12.1(a) may be substituted
with the appropriate equivalent documents, if any, issued by the country of the
foreign Bidder concerned.
24.7 Each partner of a joint venture agreement shall likewise submit the documents
required in ITB Clauses 12.1(a)(i) and 12.1(a)(ii). Submission of documents
required under ITB Clauses 12.1(a)(iii) to 12.1(a)(vi) by any of the joint
venture partners constitutes compliance.
24.8 A Bidder determined as “failed” has three (3) calendar days upon written
notice or, if present at the time of bid opening, upon verbal notification, within
which to file a request for reconsideration with the BAC: Provided, however,
that the request for reconsideration shall not be granted if it is established that
the finding of failure is due to the fault of the Bidder concerned: Provided,
further, that the BAC shall decide on the request for reconsideration within
seven (7) calendar days from receipt thereof. If a failed Bidder signifies his
intent to file a request for reconsideration, the BAC shall keep the bid
envelopes of the said failed Bidder unopened and/or duly sealed until such
time that the request for reconsideration or protest has been resolved.
24.9 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, bid security, findings of preliminary examination; and (b) attendance
sheet. The BAC members shall sign the abstract of bids as read.
E. Evaluation and Comparison of Bids
25. Process to be Confidential
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 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 Bid evaluation, Bid comparison or contract
award will result in the rejection of the Bidder’s bid.
26. Clarification of Bids
To assist in the evaluation, comparison, and post-qualification of the bids, the

Procuring Entity may ask in writing any Bidder for a clarification of its bid. All
responses to requests for clarification shall be in writing. Any clarification submitted

by a Bidder in respect to its bid and that is not in response to a request by the
Procuring Entity shall not be considered.
27. Detailed Evaluation and Comparison of Bids
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.
27.2 In evaluating the Bids to get the Lowest Calculated Bid, the Procuring Entity
shall undertake the following:
a) The detailed evaluation of the financial component of the bids, to

establish the correct calculated prices of the bids; and
b) The ranking of the total bid prices as so calculated from the lowest to
the highest. The bid with the lowest price shall be identified as the
Lowest Calculated Bid.
27.3 The Procuring Entity’s BAC shall immediately conduct a detailed evaluation
of all bids rated “passed,” using non-discretionary “pass/fail” criterion. The
BAC shall consider the following in the evaluation of bids:
a) Completeness of the bid. Unless the ITB specifically 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 “0” (zero) for the said item would mean that it is being
offered for free to the Procuring Entity; and
b) Arithmetical corrections. Consider computational errors and omissions

to enable proper comparison of all eligible bids. It may also consider
bid modifications, if expressly allowed in the BDS. Any adjustment
shall be calculated in monetary terms to determine the calculated
prices.
27.4 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 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 only be based on the bid price
quoted in the Financial Bid Form.
27.6 Bids shall be evaluated on an equal footing to ensure fair competition. 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 which shall be itemized in the bid form
and reflected in the detailed estimates. Such bids, including said taxes, shall
be the basis for bid evaluation and comparison.
28. Post-Qualification
28.1 The Procuring Entity shall determine to its satisfaction whether the Bidder that
is evaluated as having submitted the Lowest Calculated Bid (LCB) complies
with and is responsive to all the requirements and conditions specified in ITB
Clauses 5, 12, and 13.
28.2 Within a non-extendible period of three (3) calendar days from receipt by the
bidder of the notice from the BAC that it submitted the LCB, the Bidder shall
submit the following documentary requirements:
a) Latest income and business tax returns in the form specified in the
BDS;
b) Certificate of PhilGEPS Registration or PhilGEPS Registration

Number if the procuring entity is a Philippine foreign office or post,
provided that participating bidders should register with the PhilGEPS
prior to bid opening; and
c) Other appropriate licenses and permits required by law and stated in

the BDS.
Failure of the Bidder declared as Lowest Calculated Bid to duly submit the
requirements under this Clause or a finding against the veracity of such, shall
be ground for forfeiture of the bid security and disqualification of the Bidder
for award.
28.3 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted pursuant to ITB Clauses 12
and 13, as well as other information as the Procuring Entity deems necessary
and appropriate, using a non-discretionary “pass/fail” criterion.
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 Lowest
Calculated Responsive Bid, and recommend to the Head of the Procuring
Entity the award of contract to the said Bidder at its submitted price or its
calculated bid price, whichever is lower, subject to ITB Clause 30.3.
28.5 A negative determination shall result in rejection of the Bidder’s Bid, in

which event the Procuring Entity shall proceed to the next Lowest Calculated
Bid to make a similar determination of that Bidder’s capabilities to perform
satisfactorily. If the second Bidder, however, fails the post qualification, the
procedure for post qualification shall be repeated for the Bidder with the next
Lowest Calculated Bid, and so on until the Lowest Calculated Responsive
Bid is determined for contract award.

28.6 Within a period not exceeding seven (7) calendar days from the date of
receipt of the recommendation of the BAC, the Head of the Procuring Entity
shall approve or disapprove the said recommendation. In the case of
government owned and government-owned and/or –controlled corporations
(GOCCs) and government financial institutions (GFIs), the period provided
herein shall be fifteen (15) calendar days.
29. Reservation Clause
29.1 Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring

Entity concerned reserves the right to review its qualifications at any stage of
the procurement process if it has reasonable grounds to believe that a
misrepresentation has been made by the said Bidder, or that there has been a
change in the Bidder’s capability to undertake the project from the time it
submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements, statements
or documents, or any changes in the situation of the Bidder which will affect
its capability to undertake the project 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:
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
nullify competition;
b) if the Procuring Entity’s BAC is found to have failed in following the

prescribed bidding procedures; or
c) for any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the GOP as follows:
i) If 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 Head of
the Procuring Entity;
ii) If the project is no longer necessary as determined by the Head

of the Procuring Entity; and
iii) If the source of funds for the project has been withheld or
reduced through no fault of the Procuring Entity.

29.3 In addition, the Procuring Entity may likewise declare a failure of bidding
when:
a) no bids are received;
b) all prospective Bidders are declared ineligible;
c) all bids fail to comply with all the bid requirements or fail post-
qualification; or
d) the Bidder with the Lowest Calculated Responsive Bid (LCRB)

refuses, without justifiable cause to accept the award of contract, and no award
is made.
F. Award of Contract
30. Contract Award
30.1 Subject to ITB Clause 28, the Procuring Entity shall award the contract to the
Bidder whose bid has been determined to be the LCRB.
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 received personally or sent 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.
30.3 Notwithstanding the issuance of the Notice of Award, award of contract shall
be subject to the following conditions:
a) Submission of the following documents within the prescribed period

from receipt by the bidder of the notice that it has the Lowest
Calculated and Responsive Bid:
(i) valid JVA, if applicable, within ten (10) calendar days
(ii) valid PCAB license and registration for the type and cost of the
contract to be bid for foreign bidders, within thirty (30) calendar
days, if allowed under a Treaty or International or Executive
Agreement mentioned in ITB Clause 12.1(a)(iv);
b.) Posting of the performance security in accordance with ITB Clause 32;
c.) Signing of the contract as provided in ITB Clause 31; and
d.) Approval by higher authority, if required.
31. Signing of the Contract
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 and 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.
31.4 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;
d) Performance Security;
e) Credit line in accordance with ITB Clause 5.5, if applicable;
f) Notice of Award of Contract; and
g) Other contract documents that may be required by existing laws and/or

specified in the BDS.
32. Performance Security
32.1 To guarantee the faithful performance by the winning Bidder of its obligations
under the contract, it shall post a performance security within a maximum
period of ten (10) calendar days from the receipt of the Notice of Award from
the Procuring Entity and in no case later than the signing of the contract.
32.2 The procuring entity shall prescribe at least two (2) acceptable forms of
performance security taken from two (2) categories below that bidders may
opt to use, denominated in Philippine Pesos and posted in favor of the
Procuring Entity in an amount equal to the percentage of the total contract
price as stated in the BDS in accordance with the following schedule:

Amount of Performance Security
Form of Performance Security (Equal to Percentage of the Total
Contract Price)
a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.
b) Bank draft/guarantee or
irrevocable letter of credit issued
by a Universal or Commercial Ten percent (10%)
Bank: Provided, however, that it
shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.
c) Surety bond callable upon
demand issued by a surety or
insurance company duly certified
Thirty percent (30%)
by the Insurance Commission as
authorized to issue such security;
and/or
d) Any combination of the Proportionate to share of form with
foregoing. respect to total amount of security
32.3 Failure of the successful Bidder to comply with the above-mentioned

requirement shall constitute sufficient ground for the annulment of the award
and forfeiture of the bid security, in which event the Procuring Entity shall
initiate and complete the post qualification of the second Lowest Calculated
Bid. The procedure shall be repeated until the LCRB is identified and selected
for contract award. However, if no Bidder passed post-qualification, the BAC
shall declare the bidding a failure and conduct a re-bidding with re-
advertisement.
33. Notice to Proceed
33.1 Within three (3) calendar days from the date of approval of the contract by the
appropriate government approving authority, the Procuring Entity shall issue
its Notice to Proceed to the Bidder.
33.2 The contract effectivity date shall be provided in the Notice to Proceed by the
Procuring Entity, which date shall not be later than seven (7) calendar days
from the issuance of the Notice to Proceed.

Section III. Bid Data Sheet
Contract for the Civil Works of LRT Line 2 III - 35 BID DOCUMENTS
East (Masinag) Extension Project Section III. Bid Data Sheet
Bid Data Sheet
ITB Clause Provisions
1.1 The Procuring Entity is the DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS (DOTC).
The name of the Contract:
Contract for the Civil Works of LRT Line 2 East (Masinag) Extension Project
Brief Description of the Project:

The project is the civil works construction for the extension of existing LRT
Line 2 System by 3.934 kilometers eastward from the existing Santolan
Station at Marcos Highway, Pasig City, beginning from Station 23+181.041,
and terminating at Station 27+115.041 in the intersection of Marcos
Highway and Sumulong Highway at Masinag, Antipolo City, specifically the:
Design and Build of two (2) Stations located at Emerald and Masinag.
2 The Funding Source is:

The Department of Transportation and Communications (DOTC) through the
General Appropriations Act (GAA) of the Government of the Philippines
(GOP) 2015 in the total amount of Php 1,172,999,300.00, inclusive of all
duties, taxes and/or other charges.
3.1 No further instructions.
5.2 Bidding is restricted to eligible bidders as defined in ITB Clause 5.1.
5.4 No further instruction.

For this purpose, similar project shall refer to the design and build of a
commercial building structure at least three (3) storeys high, with a contract
amount of not less than 50% of the ABC in a single contract.
5.5 Pursuant to GPPB Resolution No. 20-2013, Bidders must submit a

computation of its Net Financial Contracting Capacity only. Commitment to
issue Credit Line shall no longer be accepted.
8.1 Subcontracting shall be allowed but should not be more than 50% of the
total contract amount.
Subcontractors shall be nominated during contract implementation subject
to the approval of the Procuring Entity.
In any case, the single point of responsibility shall remain with the Main
Contractor.
8.2 For purposes of nomination, the following documents must be submitted:
The eligibility documents as specified in ITB Clause 12.1 (a) (i, ii, iii, iv, v, &
vii), and 12.1 (b)(ii), must likewise be submitted.
For purpose of eligibility, the sub-contractor must have completed in a single

contract a project/work similar to the work subject of the subcontract in an
amount not less than 50% of the intended work to be sub-contracted.
9.1 The Procuring Entity will hold a pre-bid conference for this contract on
22 September 2015, 10:00 am at the DOTC Conference Rm., Unit 167, 16th
Floor Columbia Tower, Brgy. Wack-Wack, Ortigas Ave., Mandaluyong City
10.1 The Procuring Entity’s address is:

Department of Transportation and Communications
Unit 153, 15th Floor, The Columbia Tower
Brgy. Wack-Wack, Ortigas Avenue
Mandaluyong City 1555
Telefax No.: (+632) 654-7725
E-mail Address: bacsec@dotc.gov.ph
Website: www.dotc.gov.ph
Contact Person:
ATTY. JOSE PERPETUO M. LOTILLA
Chairman, Bids and Awards Committee
and Undersecretary for Legal Affairs
10.3 No further instructions
12.1 Submission must be compliant with Sections 9.2 and 10.0 of Annex “G” of
the Revised IRR of R.A. No. 9184, Guidelines for the Procurement and
Implementation of Contract for Design and Build Infrastructure Projects.
Bid submission format is provided in Form 1.
12.1(a) (iii) Bidders must submit the following:

1. Duly signed Statement of all Ongoing Government & Private
Construction Contracts including contracts awarded but not yet started
(Form 2).
2. Duly signed Statement of at least one (1) Completed Government &
Private Construction Contracts which is similar in nature (Form 3).
The bidders must have an experience of having completed at least one (1)
contract that is similar to the contract to be bid, specifically Design and Build
of a commercial building structure at least three (3) storeys high and whose
values, adjusted to current prices using the NSO consumer price indices,
must be at least fifty percent (50%) of the Approved Budget for the Contract.
12.1(a) (iv) Bidders must submit a valid PCAB License with Size Range of “Large B”
Category “AAA” for General Engineering & Building.
For joint venture bidders, a Joint License issued by the PCAB pursuant to
Section 38 of RA No. 4566, and not the PCAB license and registration
individually issued to each joint venture partner must be submitted. Failure
of the joint venture bidder to submit a Joint License is a ground for its
disqualification despite the submission of the individual licenses of each joint
venture partner.
12.1(b) (ii) 1. The bidders must also submit an ISO 9001:2008 Certification. In case of JV,
at least one (1) of the members of the JV must meet this requirement.
2. The bidders must submit technical drawings as specified in Volume 2 Part

1 Section 2.5.1 III (Table 2.5.1 Drawing Lists to be submitted By
Participating Bidders and Winning Bidder)
12.1(b) (ii.2) The required personnel with required experience and valid PRC License are
as follows:
Total
In In
Exp. in
Similar Similar PRC
Position Const.
Project 1) Position2) License
Industry
(Years) (Years)
(Years)
1. For the Design
of Stations
Design Manager 15 10 5 Required
Project Architect 10 5 2 Required
Chief Structural
10 5 2 Required
Engineer
Chief Electrical
7 5 2 Required
Engineer
Chief Mechanical
7 5 2 Required
Engineer
System Interface Not
7 5 3
Engineer Required
Sanitary Engineer 7 5 2 Required
Quantity Surveyor 7 5 2 Required
2. During
Construction
of Stations
Not
Project Manager 15 10 3
Required
Project Engineer 10 5 3 Required
Chief Structural
10 5 2 Required
Engineer
Chief Electrical
7 5 2 Required
Engineer
Chief Mechanical
7 5 3 Required
Engineer
Materials Engineer 7 5 2 Required
DPWH
Quantity Engineer 7 5 2
Accredited
Surveyor/Locating
7 5 2 Required
Engineer
Not
Health and Safety Required
7 5 2
Engineer but DOLE
Accredited
Quality Assurance Not
7 5 2
Engineer Required
System Interface Not
3) 7 5 3
Engineer Required
1)
Must refer to an experience in railway station or commercial building
project.
2)
Similar positions refer to similar nature of responsibilities.
3)
Must have experience in railway projects and/or railway industry.
NOTE: CVs and photocopies of PRC Licenses must be submitted with the bid.
12.1(b) (ii.3) The required Minimum Sets of Equipment for the Station Construction are as
follows:
Minimum
Item Particulars Capacity Required
Number
1 Plant
1.1 Concrete Batch Pant 25-55cmh 1
2 Heavy Equipment
2.1 Hydraulic Excavator 1.0cm 2
2.2 Wheel Loader 2.5cm 2
2.3 Backhoe with 0.8cm 2
Hydraulic Breaker
2.4 Dump Truck 9-12cm 4
2.5 Concrete Pump, 40cmh 1
Trailer Mounted
2.6 Transit Mixer 6cm 6
2.7 Hydraulic Crane 25-50T 2
(Truck Mounted)
2.8 Water Tank Truck 10000L 2
2.9 Self-Erecting Crane 6T 2
2.10 Stake Cargo Truck 12T 2
3 Light Equipment
3.1 Bar Bender/Cutter
12-36mm 2
(Electric Driven)
3.2 Rebar Spiral Bender
12-32mm 1
(Electric Driven)
3.3 Generator Powered 1000 lumens
6
Light Tower
13.1 The Bidder must also submit a detailed Unit Price Analysis (UPA) to be
included in the Second (Financial) Envelope.
13.2(a) The ABC is One Billion One Hundred Seventy Two Million Nine Hundred
Ninety Nine Thousand Three Hundred (Php 1,172,999,300.00). Any bid with
a financial component exceeding this amount shall not be accepted.
13.2(b) Not Applicable.
14.2 Alternative Bids shall not be accepted.
16.1 The Bid prices for Goods supplied from outside of the Philippines shall be
quoted in Philippine Currency.
16.3 Payment shall be made in Philippine Currency.
17.1 Bids shall remain valid one hundred twenty (120) calendar days from the
date of opening of bids.
18.1 Pursuant to Section 27.5 of RA No. 9184 and its Revised IRR and GPPB
Resolution No. 25-2013 and GPPB Circular 01-2014, all bids must include a
duly notarized Bid Securing Declaration (Form No. 7) or any other form of
Bid Security in the following amount to wit:
a. The amount of Twenty Three Million, Four Hundred Fifty Nine

Thousand, Nine Hundred Eighty Six Pesos (Php 23,459,986.00), or 2%
of ABC if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit.
b. The amount of Fifty Eight Million Six Hundred Forty Nine Thousand
Nine Hundred Sixty Five (Php 58,649,965.00), or 5% of ABC if security
is in Surety Bond; or
c. Any combination of the foregoing proportionate to the share of form with
respect to total amount of security.
18.2 The bid security shall be valid one hundred twenty (120) calendar days from
the date of opening of bids.
20.3 Bidders shall submit one (1) set of original and two (2) copies of the first and
second envelopes.
Each set must be properly bound and tabbed for easy reference. Bidders
shall also accomplish a duly signed one (1) page summary indicating or
outlining therein the number of pages comprising each set of documents
submitted in compliance to the Technical and Financial Components of its
bid, respectively, including the total number of pages forming each of two
components. Moreover, all pages of documents submitted must be
numbered.
However, non-compliance with these requirements shall not be considered
as grounds for disqualification.
See attached sample/diagram on Marking and Sealing of envelope

(BDS Annexes 1 and 2).
21 Bids (Eligibility, Technical, and Financial) must be submitted not later than
20 November 2015, 10:00 am at the address below:

Brgy. Wack-Wack, Ortigas Avenue
Mandaluyong City 1555
24.2 The Eligibility and Technical submission of the Bids (First Step of Procedure)
shall be opened on 20 November 2015 at 10:00 am at the address below:
DOTC Conference Room.,

Unit 167, 16th Floor Columbia Tower,
Brgy. Wack-Wack, Ortigas Ave.,
Mandaluyong City
24.3 The date and time of Opening of Financial Bids (Second Step of Procedure) is
01 December 2015 at 10:00 am at the address below:
DOTC Conference Room.,

Unit 167, 16th Floor Columbia Tower,
Brgy. Wack-Wack, Ortigas Ave.,
Mandaluyong City
27.3(b) Bid modification shall not be allowed.
27.4 No further instructions
28.2(b) Bidders shall submit income and business tax returns filed through the BIR
Electronic Filing and Payments System (EFPS).
NOTE: The latest income and business tax returns are those within the last six
(6) months preceding the date of bid submission.
28.2(c) No further instructions.
31.4(g) Additional contract documents to be submitted by the Contractor before

contract signing:
1. Manpower Schedule;
2. Equipment Utilization Schedule;
3. S-Curve;
4. PERT/CPM; and
5. Construction Safety and Health Program approved by DOLE.
Additional documents to be submitted by the Contractor during contract

implementation (submission date to be discussed and agreed on prior to
contract signing):
1. Traffic Management Plan;

2. Quality Assurance/ Quality Control Plan; and
3. Environmental Program.
33.2 The “Effective Date” of the Contract shall be seven (7) days from the date of
receipt by Contractor of the Notice to Proceed.
BDS Annex “1”
SEALING AND MARKING OF BIDS
FIRST ENVELOPE - Eligibility and Technical Requirements

SECOND ENVELOPE - Financial Requirements
FIRST SECOND FIRST SECOND FIRST SECOND

ENVELOPE ENVELOPE ENVELOPE ENVELOPE ENVELOPE ENVELOPE
ORIGINAL COPY 1 COPY 2

ENVELOPE ENVELOPE ENVELOPE
ONE SEALED BID
BDS Annex “2”
SEALING AND MARKING OF BIDS
ORIGINAL/COPY NO. ________
[BIDDER’S COMPANY NAME]
[COMPANY ADDRESS]
BIDDING FOR: ______________________________________
(Project Name)
THE CHAIRMAN
BIDS AND AWARDS COMMITTEE
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

(DOTC)
UNIT 153, 15TH FLOOR, THE COLUMBIA TOWER
BRGY. WACK-WACK, ORTIGAS AVENUE
MANDALUYONG CTIY 1555
DO NOT OPEN BEFORE [TIME AND DATE OF BID OPENING]
Section IV. General Conditions of Contract
Contract for the Civil Works of LRT Line 2 IV - 45 BID DOCUMENTS

East (Masinag) Extension Project Section IV. General Conditions of Contract
TABLE OF CONTENTS
Page No
1. Definitions ............................................................................................ 48
2. Interpretation ........................................................................................ 50
3. Governing Law And Language ............................................................. 50
4. Communications .................................................................................. 50
5. Possession Of Site ................................................................................ 51
6. The Contractor’s Obligations ............................................................... 51
7. Performance Security ........................................................................... 52
8. Subcontracting ...................................................................................... 53
9. Liquidated Damages ............................................................................. 53
10. Site Investigation Reports .................................................................... 54
11. The Procuring Entity, Licenses And Permits ....................................... 54
12. Contractor’s Risk And Warranty Security ........................................... 54
13. Liability Of The Contractor ................................................................. 56
14. Procuring Entity’s Risk ........................................................................ 56
15. Insurance .............................................................................................. 57
16. Termination For Default Of Contractor ............................................... 58
17. Termination For Default Of Procuring Entity ...................................... 59
18. Termination For Other Causes ............................................................. 59
19. Procedures For Termination Of Contracts ........................................... 61
20. Force Majeure, Release From Performance ......................................... 63
21. Resolution Of Disputes ........................................................................ 64
22. Suspension Of Loan, Credit, Grant,Or Appropriation ......................... 64
23. Procuring Entity’s Representative’s Decisions .................................... 65
24. Approval of Drawings And Temporary Works By The Procuring
Entity’s Representative ........................................................................ 65
25. Acceleration And Delays Ordered By The Procuring Entity’s
Representative ...................................................................................... 65
26. Extension Of The Intended Completion Date ...................................... 65
27. Right To Vary ...................................................................................... 66
28. Contractor’s Right To Claim ................................................................ 66
29. Dayworks ............................................................................................. 66
30. Early Warning ...................................................................................... 66
31. Program Of Work ................................................................................. 67

Page No
32. Management Conferences .................................................................... 67
33. Bill Of Quantities ................................................................................. 68
34. Instructions, Inspections And Audits ................................................... 68
35. Identifying Defects ............................................................................... 68
36. Cost Of Repairs .................................................................................... 68
37. Correction Of Defects .......................................................................... 69
38. Uncorrected Defects ............................................................................. 69
39. Advance Payment ................................................................................. 69
40. Progress Payments ............................................................................... 70
41. Payment Certificates ............................................................................ 70
42. Retention .............................................................................................. 71
43. Variation Orders ................................................................................... 71
44. Contract Completion ............................................................................ 73
45. Suspension Of Work ............................................................................ 73
46. Payment On Termination ..................................................................... 74
47. Extension Of Contract Time ................................................................ 75
48. Price Adjustment .................................................................................. 76
49. Completion ........................................................................................... 76
50. Taking Over ......................................................................................... 76
51. Operating And Maintenance Manuals ................................................. 76

1. Definitions
For purposes of this Clause, boldface type is used to identify defined terms.
1.1 The Arbiter is the person appointed jointly by the Procuring Entity and the
Contractor to resolve disputes in the first instance, as provided for in the GCC
Clause 21.
1.2 Bill of Quantities/Price Schedule refers to a list of the specific items of the
Work and their corresponding unit prices, lump sums, and/or provisional
sums.
1.3 The Completion Date is the date of completion of the Works as certified by
the Procuring Entity’s Representative, in accordance with GCC Clause 49.
1.4 The Contract is the contract between the Procuring Entity and the Contractor
to execute, complete, and maintain the Works.
1.5 The Contract Price is the price stated in the Letter of Acceptance and
thereafter to be paid by the Procuring Entity to the Contractor for the
execution of the Works in accordance with this Contract.
1.6 Contract Time Extension is the allowable period for the Contractor to
complete the Works in addition to the original Completion Date stated in this
Contract.
1.7 The Contractor is the judicial entity whose proposal has been accepted by the
Procuring Entity and to whom the Contract to execute the Work was awarded.
1.8 The Contractor’s Bid is the signed offer or proposal submitted by the
Contractor to the Procuring Entity in response to the Bidding Documents.
1.9 Days are calendar days; months are calendar months.
1.10 Dayworks are varied work inputs subject to payment on a time basis for the
Contractor’s employees and Equipment, in addition to payments for associated
Materials and Plant.
1.11 A Defect is any part of the Works not completed in accordance with the
Contract.
1.12 The Defects Liability Certificate is the certificate issued by Procuring

Entity’s Representative upon correction of defects by the Contractor.
1.13 The Defects Liability Period is the one 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 his own
expense.
1.14 Drawings are 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.
1.15 Equipment refers to all facilities, supplies, appliances, materials or things
required for the execution and completion of the Work provided by the
Contractor and which shall not form or are not intended to form part of the
Permanent Works.
1.16 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’s
Representative by issuing an extension of time or an acceleration order.
1.17 Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
1.18 The Notice to Proceed is a written notice issued by the Procuring Entity or the
Procuring Entity’s Representative to the Contractor requiring the latter to
begin the commencement of the work not later than a specified or
determinable date.
1.19 Permanent Works all permanent structures and all project features and
facilities required to be constructed and completed in accordance with this
Contract which shall be delivered to the Procuring Entity and which shall
remain at the Site after the removal of all Temporary Works.
1.20 Plant refers to the machinery, apparatus, and the like intended to form an
integral part of the Permanent Works.
1.21 The Procuring Entity is the party who employs the Contractor to carry out
the Works stated in the SCC.
1.22 The Procuring Entity’s Representative refers to the Head of the Procuring
Entity or his duly authorized representative, identified in the SCC, who shall
be responsible for supervising the execution of the Works and administering
this Contract.
1.23 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’s Representative as
forming part of the Site.
1.24 Site Investigation Reports are those that were included in the Bidding
Documents and are factual and interpretative reports about the surface and
subsurface conditions at the Site.
1.25 Slippage is a delay in work execution occurring when actual accomplishment

falls below the target as measured by the difference between the schedule 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.
1.26 Specifications means the description of Works to be done and the qualities of
materials to be used, the equipment to be installed and the mode of
construction.

1.27 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.
1.28 A Subcontractor is any person or organization to whom a part of the Works

has been subcontracted by the Contractor, as allowed by the Procuring Entity,
but not any assignee of such person.
1.29 Temporary Works are works designed, constructed, installed, and removed
by the Contractor that are needed for construction or installation of the
Permanent Works.
1.30 Work(s) refer to the Design Works, and 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 other
incidentals, necessary or convenient to the complete execution of the Works;
(ii) the passing of any tests before acceptance by the Procuring Entity’s
Representative; (iii) and the carrying out of all duties and obligations of the
Contractor imposed by this Contract as described in the SCC.
2. Interpretation
2.1 In interpreting the Conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity’s Representative
will provide instructions clarifying queries about the Conditions of Contract.
2.2 If sectional completion is specified in the SCC, references in the Conditions of

Contract to the Works, the Completion Date, and the Intended Completion
Date apply to any Section of the Works (other than references to the
Completion Date and Intended Completion Date for the whole of the Works).
3. Governing Language and Law
3.1 This Contract has been executed in the English language, which shall be the
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract. All correspondence and other documents
pertaining to this Contract exchanged by the parties shall be written in
English.
3.2 This Contract shall be interpreted in accordance with the laws of the Republic
of the Philippines.
4. Communications
Communications between parties that are referred to in the Conditions shall be

effective only when 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’s
Representative shall give the Contractor a Contract Time Extension and certify
such sum as fair to cover the cost incurred, which sum shall be paid by
Procuring Entity.
5.2 If possession of a portion is not given by the date stated in the SCC Clause
5.1, the Procuring Entity will be deemed to have delayed the start of the
relevant activities. The resulting adjustments in contract time to address such
delay shall be in accordance with GCC Clause 47.
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 his own cost any additional facilities outside the Site
required by it for purposes of the Works.
5.4 The Contractor shall allow the Procuring Entity’s Representative and any
person authorized by the Procuring Entity’s Representative access to the Site
and to any place where work in connection with this contract is being carried
out or is intended to be carried out.
6. The Contractor’s Obligations
6.1 The Contractor shall carry out the Works properly and in accordance with this
Contract. The Contractor shall provide all supervision, labor, Materials, Plant
and Contractor’s Equipment, which may be required. All Materials and Plant
on Site shall be deemed to be the property of the Procuring Entity.
6.2 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’s
Representative, and complete them by the Intended Completion Date.
6.3 The Contractor shall be responsible for the safety of all activities on the Site.
6.4 The Contractor shall carry out all instructions of the Procuring Entity’s
Representative that comply with the applicable laws where the Site is located.
6.5 The Contractor shall employ the key personnel named in the Schedule of Key
Personnel, 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.
6.6 If the Procuring Entity’s Representative asks the Contractor to remove a

member of the Contractor’s staff or work force, for justifiable cause, the

Contractor shall ensure that the person leaves the Site within seven (7) days
and has no further connection with the Work in this Contract.
6.7 During Contract implementation, the Contractor and his subcontractors shall
abide at all times by all labor laws, including child labor related enactments,
and other relevant rules.
6.8 The Contractor shall submit to the Procuring Entity for consent the name and
particulars of the person authorized to receive instructions on behalf of the
Contractor.
6.9 The Contractor shall cooperate and share the Site with other contractors,
public authorities, utilities, and the Procuring Entity 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.
6.10 Should anything of historical or other interest or of significant value be

unexpectedly discovered on the Site, it shall be the property of the Procuring
Entity. The Contractor shall notify the Procuring Entity’s Representative of
such discoveries and carry out the Procuring Entity’s Representative’s
instructions in dealing with them.
7. Performance Security
7.1 Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both
parties, the Contractor shall furnish the performance security in any of the
forms prescribed in the ITB Clause 32.2.
7.2 The performance security posted in favor of the Procuring Entity shall be
forfeited in the event it is established that the Contractor is in default in any of
its obligations under the contract.
7.3 The performance security shall remain valid until issuance by the Procuring
Entity of the Certificate of Final Acceptance.
7.4 The performance security may be released by the Procuring Entity and
returned to the Contractor after the issuance of the Certificate of Final
Acceptance subject to the following conditions:
a) There are no pending claims against the Contractor or the surety company
filed by the Procuring Entity;
b) The Contractor has no pending claims for labor and materials filed against
it; and
c) Other terms specified in the SCC.
7.5 The Contractor shall post an additional performance security following the
amount and form specified in ITB Clause 32.2 to cover any cumulative
increase of more than ten percent (10%) over the original value of the contract
as a result of amendments to order or change orders, extra work orders and
supplemental agreements, as the case may be. The Contractor shall cause the
extension of the validity of the performance security to cover approved
contract time extensions.
7.6 In case of a reduction of the contract value, or for partially completed Works
under the contract which are usable and accepted by the Procuring Entity the
use of which, in the judgment of the implementing agency or the Procuring
Entity, will not affect the structural integrity of the entire project, the
Procuring Entity shall allow a proportional reduction in the original
performance security, provided that any such reduction is more than ten
percent (10%) and that the aggregate of such reductions is not more than fifty
percent (50%) of the original performance security.
7.7 Unless otherwise indicated in the SCC, the Contractor, by entering into the
Contract with the Procuring Entity, acknowledges the right of the Procuring
Entity to institute action pursuant to Act 3688 against any 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.
8. Subcontracting
8.1 Unless otherwise indicated in the SCC, the Contractor cannot subcontract
Works more than the percentage specified in ITB Clause 8.1.
8.2 Subcontracting of any portion of the Works does not relieve the Contractor of
any liability or obligation under this Contract. The Contractor will be
responsible for the acts, defaults, and negligence of any subcontractor, its
agents, servants or workmen as fully as if these were the Contractor’s own
acts, defaults, or negligence, or those of its agents, servants or workmen.
8.3 Subcontractors disclosed and identified during the bidding may be changed
during the implementation of this Contract, subject to compliance with the
required qualifications and the approval of the Procuring Entity.
9. Liquidated Damages
9.1 The Contractor shall pay liquidated damages to the Procuring Entity for each
day that the Completion Date is later than the Intended Completion Date. The
applicable liquidated damages is at least one-tenth (1/10) of a percent of the
cost of the unperformed portion for every day of delay. The total amount of
liquidated damages shall not exceed ten percent (10%) of the amount of the
Contract. The Procuring Entity may deduct liquidated damages from payments
due to the Contractor. Payment of liquidated damages shall not affect the
Contractor. Once the cumulative amount of liquidated damages reaches ten
percent (10%) of the amount of this Contract, the Procuring Entity shall
rescind this Contract, without prejudice to other courses of action and
remedies open to it.

9.2 If the Intended Completion Date is extended after liquidated damages have
been paid, the Engineer of the Procuring Entity shall correct any overpayment
of liquidated damages by the Contractor by adjusting the next payment
certificate. The Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of repayment, at the rates
specified in GCC Clause 40.3.
10. Site Investigation Reports
The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports
referred to in the SCC supplemented by any information obtained by the Contractor.
11. The Procuring Entity, Licenses and Permits
The Procuring Entity shall, if requested by the Contractor, assist him in applying for
permits, licenses or approvals, which are required for the Works.
12. Contractor’s Risk and Warranty Security
12.1 The Contractor shall assume full responsibility for the Works from the time
project construction commenced up to final acceptance by the Procuring
Entity and shall be held responsible for any damage or destruction of the
Works except those occasioned by force majeure. The Contractor shall be
fully responsible for the safety, protection, security, and convenience of his
personnel, third parties, and the public at large, as well as the Works,
Equipment, installation, and the like to be affected by his construction work.
12.2. The defects liability period for infrastructure projects shall be one year from
contract completion up to final acceptance by the Procuring Entity. During this
period, the Contractor shall undertake the repair works, at this own expense, of
any damage to the Works on account of the use of materials of inferior quality
within ninety (90) days from the time the Head of the Procuring Entity has
issued an order to undertake repair. In case of failure or refusal to comply with
this mandate, the Procuring Entity shall undertake such repair works and shall
be entitled to full reimbursement of expenses incurred therein upon demand.
12.3 Unless otherwise indicated in the SCC, in case the Contractor fails to comply
with preceding paragraph, the Procuring Entity shall forfeit its performance
security, subject its property(ies) to attachment or garnishment proceedings,
and perpetually disqualify it from participating in any public bidding. All
payables of the GOP in his favor shall be offset to recover the costs.
12.4. After final acceptance of the Works by the Procuring Entity, the Contractor
shall be held responsible for “Structural Defects”, i.e., major
faults/flaws/deficiencies in one or more key structural elements of the project
which may lead to structural failure of the completed elements or structure, or
“Structural Failures”, i.e., where one or more key structural elements in an
infrastructure facility fails or collapses, thereby rendering the facility or part
thereof incapable of withstanding the design loads, and/or endangering the
safety of the users or the general public:

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

and/or inadequate design and specifications as well as construction
supervision, then the consultant who prepared the design or undertook
construction supervision for the project shall be held liable;
c. Procuring Entity’s Representatives/Project Manager/Construction

Managers and Supervisors – The project owner’s representative(s)
project manager, construction manager, and supervisor(s) shall be held
liable in cases where the Structural Defects/Failures are due to his/their
willful intervention in altering the designs and other specifications;
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/Failures are cause by work undertaken by them,
such as leaking pipes, diggings or excavations, underground cables and
electrical wires, underground tunnel, mining shaft and the like, in
which case the applicable warranty to such structure should be levied
to third parties for their construction or restoration works.
e. Users – In cases where Structural Defects/Failures are due to

abuse/misuse by the end user of the constructed facility and/or non-
compliance by a user with the technical design limits and/or intended
purpose of the same, then the user concerned shall be held liable.
12.5 The warranty against Structural Defects/Failures, except those occasioned on

force majeure, shall cover the period specified in the SCC reckoned from the
date of issuance of the Certificate of Final Acceptance by the Procuring Entity.
12.6 The Contractor shall be required to put up a warranty security in the form of
cash, bank guarantee, letter of credit, GSIS or surety bond callable on demand
in accordance with the following schedule:
Form of Warranty Minimum Amount in

Percentage (%) of Total
Contract Price
Cash or letter of credit issued by Universal or

Commercial bank: provided, however, that the
letter of credit shall be confirmed or Five Percent (5%)
authenticated by a Universal or Commercial
bank, if issued by a foreign bank

Bank guarantee confirmed by Universal or
Commercial bank: provided, however, that the
letter of credit shall be confirmed or Ten Percent (10%)
authenticated by a Universal or Commercial
bank, if issued by a foreign bank
Surety bond callable upon demand issued by

GSIS or any surety or insurance company Thirty Percent (30%)
duly certified by the Insurance Commission
12.7 The warranty security shall be stated in Philippine Pesos and shall remain
effective for one year from the date of issuance of the Certificate of Final
Acceptance by the Procuring Entity, and returned only after the lapse of said
one year period.
12.8 In case of structural defects/failure occurring during the applicable warranty
period provided in GCC Clause 12.5, the Procuring Entity shall undertake the
necessary restoration or reconstruction works and shall be entitled to full
reimbursement by the parties found to be liable for expenses incurred therein
upon demand, without prejudice to the filing of appropriate administrative,
civil, and/or criminal charges against the responsible persons as well as the
forfeiture of the warranty security posted in favor of the Procuring Entity.
13. Liability of the Contractor
Subject to additional provisions, if any, set forth in the SCC, the Contractor’s liability
under this Contract shall be as provided by the laws of the Republic of the
Philippines.
14. Procuring Entity’s Risk
14.1 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
by or contracted to him except the Contractor.
b. The risk of damage to the Works, Plant, Materials, and Equipment to

the extent that it is due to a fault of the Procuring Entity or in the
Procuring Entity’s design, or due to war or radioactive contamination
directly affecting the country where the Works are to be executed.

15. Insurance
15.1 The Contractor shall, under his name and at his own expense, obtain and
maintain, for the duration of this Contract, the following insurance coverage:
a) Contractor’s All Risk Insurance;
b) Transportation to the Project Site of Equipment, Machinery, and

Supplies owned by the Contractor;
c) Personal injury or death of Contractor’s employees; and
d) Comprehensive insurance for third party liability to Contractor’s direct

or indirect act or omission causing damage to third persons.
15.2. The Contractor shall provide evidence to the Procuring Entity’s

Representative 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’s Representative. Such evidence and such
policies shall be provided to the Procuring Entity’s through the Procuring
Entity’s Representative.
15.3 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’s Representative 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’s Representative.
15.4. If the Contractor fails to obtain and keep in force the insurances referred to
herein or any other insurance which he may be required to obtain 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.
15.5. 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/order the interruption of dangerous Works. In addition, the
Procuring Entity may refuse to make the payments under GCC Clause 40 until
the Contractor complies with this Clause.
15.6. 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; or
iv) been suspended by the Insurance Commission and its license to

engage in business or its authority to issue insurance policies
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.
16. Termination for Default of Contractor
16.1 The Procuring Entity shall terminate this Contract for default when any of the
following conditions attend its implementation:
16.2 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 1870 regardless of whether or not previous warnings and
notices have issued for the Contractor to improve his performance;
16.3 Due to its own fault and after this Contract time has expired, the contractor
incurs delay in the completion of the Work after this Contract has expired; or
16.4 The Contractor:
a) abandons the contract Works, refuses or fails to comply with a valid

instruction of the Procuring Entity or fails to proceed expeditiously and
without delay despite a written notice by the Procuring Entity;
b) 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 Program of Work and equipment
deployment schedule as required for the project;
c) does not execute the Works in accordance with this Contract or

persistently or flagrantly neglects to carry out its obligations under this
Contract;
d) neglects or refuses to remove materials or to perform a new Work that

has been rejected as defective or unsuitable; or

e) sub-lets any part of this Contract without approval by the Procuring
Entity.
16.5 All materials on the Site, Plant, Equipment, and the Works shall be deemed to
be the property of the Procuring Entity if this Contract is rescinded because of
the Contractor’s default.
17. Termination for Default of Procuring Entity
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 reason:
a) Failure of the Procuring Entity to deliver, within a reasonable time, suppliers,

materials, right-of-way, or other items it is obligated to furnish under the terms
of this Contract; or
b) 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.
18. Termination for Other Causes
18.1 The Procuring Entity may terminate this Contract, in whole or in part, at any
time for its convenience. The Head of the Procuring Entity may terminate this
Contract for the convenience of the Procuring Entity if he has determined the
existence of conditions that make Project Implementation economically,
financially or technically impractical and/or unnecessary, such as, but not
limited to, fortuitous event(s) or changes in law and National Government
policies.
18.2 The Procuring Entity or the Contractor may terminate this Contract if the other
party causes a fundamental breach of this Contract.
18.3 Fundamental breaches of Contract shall include, but shall not be limited to, the
following:
a) The Contractor stop work for twenty eight (28) days when no stoppage
of work is shown on the current Program of Work and the stoppage has
not been authorized by the Procuring Entity’s Representative;
b) The Procuring Entity’s Representative instructs the Contractor to delay

the progress of the Works, and the instruction is not withdrawn within
twenty eight (28) days;
c) The Procuring Entity shall terminate this Contract if the Contractor is

declared bankrupt or insolvent as determined with finality by a court of
competent jurisdiction. In this event, termination will be without
compensation to the Contractor, provided that such termination will
not prejudice or affect any right of action or remedy which has accrued

or will accrue thereafter to the Procuring Entity and/or the Contractor.
In the case of the Contractor’s insolvency, any Contractor’s Equipment
which the Procuring Entity instructs in the notice is to be used until the
completion of the Works.
d) A payment certified by the Procuring Entity’s Representative is not

paid by the Procuring Entity to the Contractor within eighty four (84)
days from the date of the Procuring Entity’s Representative’s
certificate;
e) The Procuring Entity’s Representative 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’s Representative;
f) The Contractor does not maintain a Security, which is required;
g) The Contractor has delayed the completion of the Works by the

number of days for which the maximum amount of liquidated damages
can be paid, as defined in the GCC Clause 9; and
h) In case it is determined prima facie by the Procuring Entity that the

Contractor has engaged, before or during the implementation of the
contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to, the
following:
i) corrupt, fraudulent, collusive, coercive, and obstructive

practices as defined in ITB Clause 3.1(a), unless otherwise
specified in the SCC;
ii) drawing up or using forged documents;
iii) using adulterated materials, means or method, or engaging in

production contrary to rules of science or the trade; and
iv) any other act analogous to the foregoing.
18.4 The Funding Source or the Procuring Entity, as appropriate, will seek to
impose the maximum civil, administrative and/or criminal penalties available
under the applicable law on individuals and organizations deemed to be
involved with corrupt, fraudulent, or coercive practices.
18.5 When persons from either party to this Contract gives notice of a fundamental
breach to the Procuring Entity’s Representative in order to terminate the
existing contract for a cause other than those listed under GCC Clause 18.3
the Procuring Entity’s Representative shall decide whether the breach is
fundamental or not.

18.6 If this Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonable
possible.
19. Procedures for Termination of Contracts
19.1 The following provisions shall govern the procedures for the termination of
this Contract:
a) Upon receipt of a written report of acts or causes which, may constitute

ground(s) for termination as aforementioned, or upon its own initiative,
the Procuring Entity shall, within a period of seven (7) calendar days,
verify the existence of such ground(s) and cause the execution of a
Verified Report, with all relevant evidence attached:
b) Upon recommendation by the procuring Entity, the Head of the

Procuring Entity shall terminate this Contract only by a written notice
to the Contractor conveying the termination of this Contract. The
notice shall state:
i) that this Contract is being terminated for any of the ground(s)

afore-mentioned, and a statement of the acts that constitute the
ground(s) constituting the same;
ii) the extent of termination, whether in whole or in part;
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) Within a period of seven (7) calendar days from receipt of the Notice
of Termination, the Contractor shall submit to the Head of the
Procuring Entity 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) days period, either by inaction or by default, the
Head of the Procuring Entity shall issue an order terminating the
contract;
d) The Procuring Entity may , at anytime before receipt of the Bidder’s

verified position paper described in item (c) above 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) Within a non-extendible period of ten (10) calendar days from receipt

of the verified position paper, the head of the Procuring Entity shall
decide whether or not to terminate this Contract. It shall serve, a
written notice to the Contractor of its decision and, unless otherwise
provided in the said notice, this Contract is deemed terminated from
receipt of the Contractor of the notice of decision. The termination
shall only be based on the ground(s) stated in the Notice to Terminate;
and
f) The Head of the Procuring Entity may create a Contract Termination

Review Committee (CTRC) to assist him in the discharge of this
function. All decisions recommended by the CTRC shall be subject to
the approval of the Head of the Procuring Entity.
19.2 Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition
of additional administrative sanctions as the internal rules of the agency may
provide and/or further criminal prosecution as provided by applicable laws,
the procuring entity shall impose on contractors after the termination of the
contract the penalty of suspension for one (1) year for the first offense,
suspension for two (2) years for the second offense from participating in the
public bidding process, for violations committed during the contract
implementation stage, which include but not limited to the following:
a) Failure of the contractor , due solely to his fault or negligence, to

mobilize and start work or performance within the specified period in
the Notice to Proceed (“NTP”);
b) Failure by the contractor to fully and faithfully comply with its

contractual obligations without valid cause, or failure by the contractor
to comply with any written lawful instruction of the Procuring Entity
or its representative(s) pursuant to the implementation of the contract.
For the procurement of infrastructure projects or consultancy contracts,
lawful instructions include but are not limited to the following:
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) Stockpile 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 his fault or negligence as reflected in the
Constructor’s Performance Evaluation System (“CPES”) rating sheet.
In the absence of the CPES rating sheet, the existing performance
monitoring system of the procuring entity shall be applied. Any of the
following acts by the Contractor shall be construed as poor
performance:
i) Negative slippage of 15% and above within the critical path of

the project due entirely to the fault or negligence of the
contractor; and
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 or suspension, the performance security

posted by the contractor shall also be forfeited.
20. Force Majeure, Release from Performance
20.1 For purposes of this Contract the terms “force majeure” and “fortuitous event”
may be used interchangeably. In this regard, a fortuitous event of force
majeure shall be interpreted to mean an event which the Contractor could not
have foreseen, or which though foreseen, was inevitable. It shall not include
ordinary unfavorable weather conditions; and any other cause the effects of
which could have avoided with the exercise of reasonable diligence by the
Contractor.
20.2 If this Contract is discontinued by an outbreak of war or by any event entirely

outside the control of either the Procuring Entity or the Contractor, the
Procuring Entity’s Representative shall certify that this Contract has been
discontinued. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all
works carried out before receiving it and for any Work carried out afterwards
to which a commitment was made.
20.3 If the event continues for a period of eighty four (84) days, either party may
then give notice of termination, which shall take effect twenty eight (28) days
after the giving of the notice.
20.4 After termination, the Contractor shall be entitled to payment of the unpaid
balance of the value of the Works executed and of the materials and Plant
reasonably delivered to the Site, adjusted by the following:
a) any sum to which the Contractor is entitled under GCC Clause 28;

b) the cost of this suspension and demobilization;
c) any sum to which the Procuring Entity is entitled.
20.5 The net balance due shall be paid or repaid within a reasonable time period
from the time of the notice of termination.
21. Resolution of Disputes
21.1 If any dispute or difference of any kind whatsoever shall arise between the
parties in connection with the implementation of the contract covered by the
Act and this IRR, the parties shall make every effort to resolve amicable such
dispute or difference by mutual consultation.
21.2 If the Contractor believes that a decision taken by the PROCURING

ENTITY’S Representative was either outside the authority given to the
PROCURING ENTITY’s Representative by this Contract or that the decision
was wrongly taken, the decision shall be referred to the Arbiter indicated in
the SCC within fourteen (14) days of the notification of the PROCURING
ENTITY’s Representative’s decision.
21.3 Any and all disputes arising from the implementation of this Contract covered
by the R.A. 9184 and its IRR shall be submitted to arbitration in the
Philippines according to the provisions of Republic Act No. 876, otherwise
known as the “Arbitration Law” and Republic Act 9285, otherwise known as
the “Alternative Dispute Resolution Act of 2004”; Provided, however, That,
disputes that are within the competence of the Construction Industry
Arbitration Commission to resolve shall be referred thereto. The process of
arbitration shall be incorporated as a provision in this Contract that will be
executed pursuant to the provisions of the Act and its IRR: Provided, further,
That, by mutual agreement, the parties may agree in writing to resort to other
alternative modes of dispute resolution.
22. Suspension of Loan, Credit, Grant, or Appropriation
In the event that the Funding Source suspends the Loan, Credit, Grant, or
Appropriation to the Procuring Entity, from which part of the payments to the
Contractor are being made:
a) The Procuring Entity is obligated to notify the Contractor of such suspension

within seven (7) days of having received the suspension notice.
b) If the Contractor has not received sums due it for work already done within
forty five (45) days from the time the Contractor’s claim for payment has been
certified by the Procuring Entity’s Representative, the Contractor may
immediately issue a suspension of work notice in accordance with GCC
Clause 45.2.

23. Procuring Entity’s Representative’s Decisions
23.1 Except where otherwise specifically stated, the Procuring Entity’s

Representative will decide contractual matters between the Procuring Entity
and the Contractor in the role representing the Procuring Entity.
23.2 The Procuring Entity’s Representative may delegate any of his duties and
responsibilities to other people, except to the Arbiter, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.
24. Approval of Drawings and Temporary Works by the Procuring Entity’s

Representative
24.1 All Drawings prepared by the Contractor for the execution of the Temporary
Works, are subject to prior approval by the Procuring Entity’s Representative
before its use.
24.2 The Contractor shall be responsible for design of Temporary Works.
24.3 The Procuring Entity’s Representative’s approval shall not alter the
Contractor’s responsibility for design of the Temporary Works.
24.4 The Contractor shall obtain approval of third parties to the design of the
Temporary Works, when required by the Procuring Entity.
25. Acceleration and Delays Ordered by the Procuring Entity’s Representative
25.1 When the Procuring Entity wants the Contractor to finish before the Intended
Completion Date, the Procuring Entity’s Representative 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.
25.2 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.
26. Extension of the Intended Completion Date
26.1 The Procuring Entity’s Representative 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
26.2 The Procuring Entity’s Representative shall decide whether and by how much
to extend the Intended Completion Date within twenty one (21) days of the
Contractor asking the Procuring Entity’s Representative for a decision thereto
after fully submitting all supporting information. If the Contractor has failed to
give 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.
27. Right to Vary
27.1 The Procuring Entity’s Representative with the prior approval of the Procuring
Entity may instruct Variations, up to a maximum cumulative amount of ten
percent (10%) of the original contract cost.
27.2 Variations shall be valued as follows:
a) At a lump sum price agreed between the parties;
b) Where appropriate, at rates in this Contract;
c) In the absence of appropriate rates, the rates in this Contract shall be

used as the basis for valuation; or failing which
d) At appropriate new rates, equal to or lower that current industry rates

and to be agreed upon by both parties and approved by the head of the
Procuring Entity.
28. Contractor’s Right to Claim
If the Contractor incurs cost as a result of any of the events under GCC Clause 13,
the Contractor shall be entitled to the amount of such cost. If as a result of any of the
said events, it is necessary to change the Works, this shall be dealt with as a Variation.
29. Dayworks
29.1 Subject to GCC Clause 43 on Variation Order, and if applicable as indicated

in the SCC, the Dayworks rates in the Contractor’s Bid shall be used for small
additional amounts of work only when the Procuring Entity’s Representative
has given instructions in advance for additional work to be paid for in that way
29.2 All work to be paid for as Dayworks shall be recorded by the Contractor on
forms approved by the Procuring Entity’s Representative. Each completed
form shall be verified and signed by the Procuring Entity’s Representative
within two days of the work being done.
29.3 The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.
30. Early Warning
30.1 The Contractor shall warn the Procuring Entity’s Representative at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or delay
the execution of the Works. The Procuring Entity’s Representative may
require the Contractor to provide an estimate of the expected effect of the
future event or circumstances on the Contract Price and Completion Date. The
estimate shall be provided by the Contractor as soon as reasonably possible.
30.2 The Contractor shall cooperate with the Procuring Entity’s Representative in
making and considering for proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the work and
in carrying out any resulting instruction of the Procuring Entity’s
Representative.
31. Program of Work
31.1 Within the time stated in the SCC, the Contractor shall submit to the
Procuring Entity’s Representative for approval a Program of Work showing
the general methods, arrangements, order, and timing for all the activities in
the Works.
31.2 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.
31.3. The Contractor shall submit to the Procuring Entity’s Representative for
approval an updated Program of Work at intervals no longer than the period
stated in the SCC. If the Contractor does not submit an updated Program of
Work within this period, the PROCURING ENTITY’s Representative may
withhold the amount stated in the SCC from the next payment certificate and
continue to withhold this amount until the next payment after the date on
which the overdue program of Work has been submitted.
31.4 The Procuring Entity’s Representative’s approval of the Program of Work

shall not alter the Contractor’s obligations. The Contractor may revise the
Program of Work and submit it to the Procuring Entity’s Representative again
at any time. A revised Program of Work shall show the effect of any approved
Variations.
31.5 When the Program of Work is updated, the Contractor shall provide the
Procuring Entity’s Representative with an updated each flow forecast. The
cash flow forecast shall include different currencies, as defined in the
Contract, converted as necessary using the Contract exchange rates.
31.6 All Variations shall be included in updated Program of Work produced by the
Contractor.
32. Management Conferences
32.1 Either the Procuring Entity’s Representative or the Contractor may require the
other to attend a Management Conference. The Management Conference shall
review the plans for remaining work and deal with matters raised in
accordance with the early warning procedure.
32.2 The Procuring Entity’s Representative shall 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 actions to be taken shall be decided by the PROCURING ENTITY’s

Representative either at the Management Conference or after the Management
Conference and stated in writing to all who attended the Conference.
33. Bill of Quantities/Price Schedule
33.1 The Bill of Quantities/Price Schedule shall contain items of work for the
construction, installation, testing and commissioning of work to be done by
the Contractor.
33.2 The Bill of Quantities/Price Schedule 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/Price Schedule for each item.
33.3 If the final quantity of any work done differs from the quantity in the Bill of
Quantities/Price Schedule for the particular item and is not more than twenty
five percent (25%) of the original quantity, provided the aggregate changes for
all items do not exceed ten percent (10%) of the Contract Price, the Procuring
Entity’s Representative shall make the necessary adjustments to allow for the
changes subject to applicable laws, rules and regulations.
33.4 If requested by the Procuring Entity’s Representative, the Contractor shall

provide the Procuring Entity’s Representative with a detailed cost breakdown
of any rate in the Bill of Quantities/Price Schedule.
34. Instructions, Inspections and Audits
34.1 The Procuring Entity’s personnel shall at all reasonable times during
construction of the Work be entitled to examine, inspect, measure and test the
materials and workmanship, and to check the progress of the construction.
34.2 If the Procuring Entity’s Representative instructs the Contractor to carry out a
test not specified in the 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. If there is no defect, the test shall be a Compensation Event.
34.3 The Contractor shall permit the Funding Source named in the SCC to inspect
the 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.
35. Identifying Defects
The Procuring Entity’s Representative shall check the Contractor’s work and notify
the Contractor of any defects that are found. Such checking shall not affect the
Contractor’s responsibilities. The Procuring Entity’s Representative may instruct the
Contractor to search uncover defects and test any work that the Procuring Entity’s
Representative considers below standards and defective.
36. Cost of Repairs
Loss or damage to the Work or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Liability Periods shall be remedied by the

Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s
acts or omissions.
37. Correction of Defects
37.1 The Procuring Entity’s Representative shall give notice to the Contractor of
any defects before the end of the Defects Liability Period, which is One (1)
year from project completion up to final acceptance by the Procuring Entity.
37.2 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified in the Procuring Entity’s
Representative’s notice.
37.3 The Contractor shall correct the defects which he notices himself before the
end of the Defects Liability Period.
37.4 The Procuring Entity shall certify that all defects have been corrected. If the
Procuring Entity considers that correction of a defect is not essential, he can
request the Contractor to submit a quotation for the corresponding reduction in
the Contract Price. If the Procuring Entity accepts the quotation, the
corresponding change in the SCC is a Variation.
38. Uncorrected Defects
38.1 The Procuring Entity shall give the Contractor at least fourteen (14) days
notice of his 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.
38.2 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.
39. Advance Payment
39.1 The Procuring Entity shall, upon a written request of the contractor which
shall be submitted as a contract document, make an advance payment to the
contractor in an amount not 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.
39.2 The advance payment shall be made only upon the submission to and
acceptance by the Procuring Entity of an irrevocable standby letter of credit of
equivalent value from a commercial bank, a bank guarantee or a surety bond
callable upon demand, issued by a surety or insurance company duly licensed
by the Insurance Commission and confirmed by the procuring Entity.
39.3 The advance payment shall be repaid by the Contractor by an amount equal to
the percentage of the total contract price used for the advance payment.

39.4 The contractor may reduce his standby letter of credit or guarantee instrument
by the amounts refunded by the Monthly Certificates in the advance payment.
39.5 The Procuring Entity will provide an Advance Payment on the Contract price
as stipulated in the Conditions of Contract, subject to the maximum amount
stated in SCC Clause 39.1.
40. Progress Payments
40.1 The Contractor may submit a request for payment for Work accomplished.
Such request for payment shall be verified and certified by the Procuring
Entity’s Representative/Project Engineer. Except as otherwise stipulate in the
SCC, materials and equipment delivered on the site but not completely put in
place shall not be included for payment.
40.2 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 for the month.
c) Retention money in accordance with the conditions of contract.
d) Amount to cover third partly liabilities.
e) Amount to cover uncorrected discovered defects in the works.
40.3 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’s Representative 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.
40.4 The first progress payment may be paid by the Procuring Entity to the
Contractor provided that at least twenty percent (20%) of the work has been
accomplished as certified by the procuring Entity’s Representative.
40.5 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.
41. Payment Certificates
41.1 The Contractor shall submit to the Procuring Entity’s Representative monthly
statements of the estimated value of the work executed less the cumulative
amount certified previously.
41.2 The Procuring Entity’s Representative shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.
41.3 The value of Work executed shall:

a) be determined by the Procuring Entity’s Representative;
b) comprise the value of the quantities of the items in the Bill of

Quantities completed; and
c) include the valuations of approved variations.
41.4 The Procuring Entity’s Representative may exclude any item certified in a
previous certificate or reduce the proportion of any item previously certified in
any certificate in the light of later information.
42. Retention
42.1 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 ITB Sub-
Clause 42.2
42.2 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 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 again be imposed using the rate specified therefore.
42.3 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 commercial bank, bank guarantees or surety bonds callable on
demand, of amounts equivalent to the retention money substituted for and
acceptable to the Procuring Entity, provided that the project is on schedule and
is satisfactorily undertaken. Otherwise, the ten percent (10%) 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 percent
(10%) retention is intended, i.e., to cover uncorrected discovered defects and
third party liabilities.
42.4 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.
43. Variation Orders
43.1 Variation Orders may be issued by the Procuring Entity to cover any
increase/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 procuring Entity after
award of the contract, provided that the cumulative amount of the Variation
Order does not exceed ten percent (10%) of the original project cost. The
addition/deletion of Works should be within the general scope of the project as
bid and awarded. The scope of works shall not be reduced so as to
accommodate a positive Variation Order. A Variation Order may either be in
the form of a Change Order or Extra Work Order.
43.2 A Change Order may be issued by the Procuring Entity to cover any
increase/decrease in quantities or original Work items in the contract.
43.3 An Extra Work Order may be issued by the Procuring Entity to cover the
introduction of new work necessary for the completion, improvement or
protection of the project which were not included as items of Work in the
original contract, such as, where there are subsurface or latent physical
conditions at the site differing materially from those indicated in the contract,
or where there are duly unknown physical conditions at the site of an unusual
nature differing materially from those ordinarily encountered and generally
recognized as inherent in the Work or character provided for in the contract.
43.4 Any cumulative Variation Order beyond ten percent (10%) shall be subject of
another contract 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 Head of the Procuring Entity may authorize a
positive Variation Order go beyond ten percent (10%) but not more than
twenty percent (20%) of the original contract price, subject to the guidelines to
be determined by the GPPB: Provided, however, That appropriate sanctions
shall be imposed on the designer, consultant or official responsible for the
original detailed engineering design which failed to consider the Variation
Order beyond ten percent (10%).
43.5 In claiming for any Variation Order, the Contractor shall, within seven (7)
calendar days after such work has been commenced after the circumstances
leading to such condition(s) leading to the extra cost, and within twenty-eight
(28) calendar days deliver a written communication giving full and detailed
particulars of any extra cost in order that it may be investigate at that time.
Failure to provide either of such notices in the time stipulated shall constitute a
waiver by the contractor for any claim. The preparation and submission of
Variation Orders are as follows:
a) If the Procuring Entity’s Representative/Project Engineer believes that

a Change Order or Extra Work Order should be issued, he shall
prepare the proposed Order accompanied with the notices submitted by
the Contractor, the plans therefore, his computations as to the
quantities of the additional works involved per item indicating the
specific stations where such works are needed, the date of his
inspections and investigations thereon, and the log book thereof, and a
detailed estimate of the unit cost of such items of work, together with
his justifications for the need of such Change Order or Extra Work
Order, and shall submit the same to the Head of the Procuring Entity
for approval.
b) The Head of the Procuring Entity or his duly authorized representative,
upon receipt of the proposed Change Order or Extra Work Order shall
immediately instruct the technical staff of the procuring Entity’s to
conduct an on-the-spot investigation to verify the need for the Work to
be prosecuted. A report of such verification shall be submitted directly
to the Head of the Procuring Entity or his duly authorized
representative.
c) The Head of the procuring Entity or his duly authorized representative,

after being satisfied that such Change Order or Extra Work Order is
justified and necessary, shall review the estimated quantities and prices
and forward the proposal with the supporting documentation to the
head of Procuring Entity for consideration.
d) If, after review of the plans, quantities and estimated unit cost of the
items of work involved, the proper office of the procuring entity
empowered to review and evaluate Change Orders or Extra Work
Orders recommends approval thereof, Head of the Procuring Entity or
his duly authorized representative, believing the Change order or Extra
Work Order to be in order, shall approve the same.
e) The timeframe for the processing of Variation Orders from the

preparation up to the approval by the Head of the Procuring Entity
concerned shall not exceed thirty (30) calendar days.
44. Contract Completion
Once the project reaches an accomplishment of ninety five (95%) of the total contract
amount, the Procuring Entity may create an inspectorate team to make 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
Works. Work deficiencies for necessary corrections, and the specific duration/time to
fully complete the project considering the approved remaining contract time. This,
however, shall not preclude the claim of the Procuring Entity for liquidated damages.
45. Suspension of Work
45.1 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 events 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.
45.2 The Contractor or its duly authorized representative shall have the right to
suspend work operation on any or all projects/activities along the critical path
of activities after fifteen (15) calendar days from date of receipt of written

notice from the Contractor to the district engineer/regional director/consultant
or equivalent official, as the case may be, 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 make it extremely dangerous, if not

possible, to work. However, this condition must be certified in writing
by the Philippine National Police (PNP) station which has
responsibility over the affected area and confirmed by the Department
of Interior and Local Government (DILG) Regional Director.
d) There is failure on the part of the Procuring Entity to deliver

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 to by the procuring entity’s authorized representative
that the documents are complete unless there are justifiable reasons
thereof which shall be communicated in writing to the Contractor.
45.3 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
effective order of suspending operation and the order to resume work shall be
allowed the Contractor by adjusting the contract time accordingly.
46. Payment on Termination
46.1 If the Contract is terminated because of a fundamental breach of Contract by

the Contractor, the Procuring Entity’s Representative shall issue a certificate
for the value of the work done and Materials ordered less advance payments
received up to the date of the issue of the certificate and less the 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.
46.2 If the Contract is terminated for the Procuring Entity’s convenience or because
of a fundamental breach of Contract by the Procuring Entity, the Procuring
Entity’s Representative shall issue a certificate for the value of the work done,
Materials ordered, the reasonable cost of removal of 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.
46.3 The net balance due shall be paid or repaid within twenty eight (28) days from
the notice of termination.
46.4 If the Contractor has terminated the /contract under GCC Clauses 17 or 18,
the Procuring Entity shall promptly return the Performance Security to the
Contractor.
47. Extension of Contract Time
47.1 Should the amount of additional work of any kind or other special
circumstances of any kind whatsoever occur such as to fairly entitle the
contractor to an extension of contract time, the Procuring Entity shall
determine the amount of such extension; provided that the Procuring Entity is
not bound to take into account any claim for an extension of time unless the
Contractor as, prior to the expiration of the contract time and within thirty (30)
calendar days after such work has been commenced or after the circumstances
leading to such claim have arisen, delivered to the Procuring Entity notices in
order that it could have investigated them at that time. Failure to provide such
notice shall constitute a waiver by the Contractor of any claim. Upon receipt
of full and detailed particulars, the Procuring Entity shall examine the facts
and extent of the delay and shall extend the contract time completing the
contract work when, in the Procuring Entity’s opinion, the findings of facts
justify an extension.
47.2 No extension of contract time shall be granted the Contractor due to (a)
ordinary unfavorable weather conditions and (b) inexcusable failure or
negligence of Contractor to provide the required equipment, supplies or
materials.
47.3 Extension of contract time may be granted only when the affected activities
fall within the critical path of the PERT/CPM network.
47.4 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.
47.5 Extension of contract time shall be granted for 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 for equivalent period of delay due to major
calamities such as exceptionally destructive typhoons, floods and earthquakes,
and epidemics, and for causes such as non-delivery on time of materials,
working drawings, or written information to be furnished by the Procuring
Entity, non-acquisition of permit to enter private properties within the right-of-
way resulting in complete paralyzation of construction activities and either
meritorious causes as determined by the Procuring Entity’s Representative and
approved by the head of the Procuring Entity. 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. The written consent of bondsmen must be
attached to any request of the Contractor for extension of contract time and
submitted to the Procuring Entity for consideration and the validity of the
performance Security shall be correspondingly extended.
48. Price Adjustment
Except for extraordinary circumstances as determined by NEDA and approved by the

GPPB, no price adjustment shall be allowed. Nevertheless, in cases where the cost of
the awarded contract is affected by any applicable new laws, ordinances, regulations,
or other acts of the GOP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no gain
basis.
49. Completion
The Contractor shall request the Procuring Entity’s Representative to issue a

certificate of Completion of the Works, and the Procuring Entity’s Representative will
do so upon deciding that the work is completed.
50. Taking Over
The Procuring Entity shall take over the Site and the Works within seven (7) days
from the date the Procuring Entity’s Representative issue a certificate of Completion.
51. Operating and Maintenance Manuals
51.1 If “as-built” Drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the SCC.
51.2 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
Representative’s approval, the Procuring Entity’s Representative shall
withhold the amount stated in the SCC from payments due to the Contractor.

Section V. Special Conditions of Contract
Contract for the Civil Works of LRT Line 2 V - 77 BID DOCUMENTS

East (Masinag) Extension Project Section V. Special Conditions of Contract
Special Conditions of Contract
GCC Clause Provisions
1.16 The intended completion date is Five Hundred Forty (540) calendar days from
the Start Date.
1.21 The procuring entity is the Department of Transportation and
Communications
1.22 The Procuring Entity’s Representative is the Undersecretary for Project
Implementation.
The “Engineer” is the Consultant - Consortium of Foresight Development and

Surveying Company (FDSC), Soosung Engineering Company Ltd. (Soosung),
and Korea Network Rail Authority (KRNA)
1.23 The Project Site is located at/within the span of 3.934 kilometers eastward from
the existing Santolan Station along Marcos Highway, Pasig City, terminating
after the intersection of Marcos Highway and Sumulong Highway at Masinag,
Antipolo City, Rizal.
1.27 The Start Date is within seven (7) days from the date of receipt of the Notice to
Proceed.
1.30 The Works involve the Design and Build of two (2) Stations located at Emerald
and Masinag, for the extension of existing LRT Line 2 System from the
existing Santolan Station along Marcos Highway.
2.2 Not Applicable
5.1 The Procuring Entity shall give possession of all parts of the site to the
Contractor beginning on the date of effectivity of Contract until the date of the
termination or project completion.
6.5 Schedule of Key Personnel to be deployed by the Contractor essential to the
contract implementation:
Total
In In
Exp. in
Similar Similar
Position Const. PRC License
Project 1) Position2)
Industry
(Years) (Years)
(Years)
1. For the Design of
Stations
Design Manager 15 10 5 Required
Chief Structural Engineer 10 5 2 Required

Chief Electrical Engineer 7 5 2 Required
Chief Mechanical
7 5 2 Required
Engineer

System Interface Engineer 7 5 3 Not Required
Quantity Surveyor 7 5 2 Required

2. During Construction
of Stations
Project Manager 15 10 3 Not Required

Project Engineer 10 5 3 Required
Chief Structural Engineer 10 5 2 Required
Chief Electrical Engineer 7 5 2 Required
Chief Mechanical
7 5 3 Required
Engineer
Materials Engineer 7 5 2 Required
DPWH
Quantity Engineer 7 5 2
Accredited
Surveyor/Locating
7 5 2 Required
Engineer
Not Required
Health and Safety
7 5 2 but DOLE
Engineer
Accredited
Quality Assurance
7 5 2 Not Required
Engineer
System Interface Engineer
3) 7 5 3 Not Required
1)
Must refer to an experience in railway station or commercial building project.
2)
Similar positions refer to similar nature of responsibilities.
3)
Must have experience in railway projects and/or railway industry.
7.4(c) No further instructions
7.7 Not applicable to this contract.
8.1 Subcontracting shall be allowed but should not be more than 50% of the
contract amount.
Subcontractors shall be nominated during contract implementation subject to

the approval of the Procuring Entity.
In any case, the single point of responsibility shall remain with the Main
Contractor.
10.0 The Site investigation reports are:
a) Traffic and Transport Study;

b) Utility Mapping; and
c) Hydrological and Drainage Investigation.
12.5 The warranty against Structural Defect/Failures except those occasioned on
force majeure, shall cover the period as specified in the following reckoned
from the date of issuance of the Certificate of Final Acceptance by the
Procuring Entity.
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.
13.0 In the case of Joint Venture, all Parties to the JV shall be jointly and severally
liable to the Procuring Entity.
18.3 (h)(i) No further instructions.
21.2 The Arbiter is to be named in accordance with the pertinent guidelines issued
by the Construction Industry Arbitration Commission (CIAC).
31.1 The Contractor shall submit the Program of Work to the Procuring Entity‘s
Representative within seven (7) days upon receipt of Notice to Proceed (NTP).
31.3 The period between Program of Work updates is fifteen (15) days.
The amount to be withheld for late submission of an updated Program of Work

is Ten Thousand Pesos (Php 10,000.00).
33 For works specified in the Provisional Amount, said corresponding amount
shall be deducted from the Lump Sum Contract Amount in the event that the
subject works are not executed by the Contractor as instructed by the Procuring
Entity.
34.3 The Funding Source is the Government of the Philippines.
39.1 The amount of advance payment is fifteen percent (15%) of the total contract
price to be made in lump sum amount.
40.1 Materials and equipment delivered on the site but not completely put in place
or not completely installed shall not be included for payment.
51.1 The date by which operating and maintenance manuals are required is seven
(7) days from Testing and Acceptance of the subject equipment.

The date by which “as built” drawings are required is thirty (30) days after the
issuance of the Final Inspection Report.
51.2 The amount to be withheld for failing to produce “As built” drawings and/or
operating and maintenance manuals by the date required is Five Million Pesos
(Php 5,000,000.00).

Section VI. Procuring Entity’s Requirements
Contract for the Civil Works of LRT Line 2 VI - 82 BID DOCUMENTS

East (Masinag) Extension Project Section VI. Employer’s Requirements
Refer to Volume 2 consisting of:
1. Part 1 - Terms of Reference (TOR)
2. Part 2 - Particular Design and Performance Specifications (PDPS)
3. Appendix to Terms of Reference (TOR)
Contract for the Civil Works of LRT Line 2 VI - 83 BID DOCUMENTS

East (Masinag) Extension Project Section VI. Employer’s Requirements
Section VII. Conceptual Design Drawings
Contract for the Civil Works of LRT Line 2 IX - 84 BID DOCUMENTS

East (Masinag) Extension Project Section IX. Bidding Forms
Refer to Volume 3 consisting of the following:
List of Drawings
Drawing
Sheet No. Drawing Title
No.
GENERAL
1 ES/G-001 Drawing List
ARCHITECTURAL
STANDARD
2 ES/AR-001 Abbreviations, Drawing, Symbols, Legend
3 ES/AR-002 Index Map, Location Plan, Vicinity Map
4 ES/AR-005 Roof Details
5 ES/AR-006 Stair Details
6 ES/AR-007 Site Development Details
EMERALD STATION
7 E12/AR-101 Site Development Plan
8 E12/AR-201 Street Level Floor Plan
9 E12/AR-202 Concourse Level Floor Plan
10 E12/AR-204 Platform Level Floor Plan
11 E12/AR-205 Roof Plan
12 E12/AR-207 Concourse Level Reflected Ceiling Plan
13 E12/AR-208 Platform Level Reflected Ceiling Plan
14 E12/AR-301 South Elevation
15 E12/AR-304 East Elevation
16 E12/AR-305 Longitudinal Section 1
17 E12/AR-307 Cross Section 1
MASINAG STATION
18 E13/AR-101 Site Development Plan
19 E13/AR-201 Street Level Plan
20 E13/AR-202 Concourse Level Plan
21 E13/AR-204 Platform Level Plan
22 E13/AR-205 Roof Plan
23 E13/AR-207 Concourse Level Reflected Ceiling Plan
24 E13/AR-208 Platform Level Reflected Ceiling Plan
25 E13/AR-301 South Elevation
26 E13/AR-304 East Elevation
27 E13/AR-305 Longitudinal Section 1
28 E13/AR-307 Cross Section 1
STRUCTURAL
STANDARD
29 ES/SE-001 Construction Notes

Drawing
Sheet No. Drawing Title
No.
30 ES/SE-002 Standard Reinforcement Details
31 ES/SE-003 Double-Tee Beam Detail
EMERALD STATION
32 E12/SE-101 Isometric View
33 E12/SE-201 Foundation & Setting Out Plan
34 E12/SE-202 Concourse Floor Framing Plan
35 E12/SE-203 Concourse Level Double Tee Beam Layout
36 E12/SE-205 Platform Floor Plan
37 E12/SE-206 Roof Level Plan
38 E12/SE-207 Link Bridge Roof Level Plan
39 E12/SE-301 Transverse Frame
40 E12/SE-302 Longitudinal Frame
41 E12/SE-303 Transverse Section (Link Bridge)
42 E12/SE-304 Roof Monitor Level Plan
43 E12/SE-401 Steel Detail Cladding Supports
44 E12/SE-402 Stair Details
45 E12/SE-403 Elevator Enclosure Details
MASINAG STATION
46 E13/SE-101 Isometric View
47 E13/SE-201 Foundation and Setting Out Plan
48 E13/SE-202 Concourse Floor Framing Plan
49 E13/SE-203 Concourse Level Double Tee Beam Layout
50 E13/SE-205 Platform Floor Plan
51 E13/SE-206 Roof Level Plan
52 E13/SE-207 Link Bridge Roof Level Plan
53 E13/SE-301 Transverse Frame
54 E13/SE-302 Longitudinal Frame
55 E13/SE-303 Transverse Section (Link Bridge)
56 E13/SE-304 Roof Monitor Level Plan

Section VIII. Bidding Forms

TABLE OF CONTENTS
Form No. 1 Bid Form ........................................................................................................... 89

Form No. 2 List of On-Going Contracts............................................................................. 91
Form No. 3 List of Completed Contracts ........................................................................... 92
Form No. 4 Contractor’s Organizational Chart for the Contract ................................... 93
Form No. 5 Omnibus Sworn Statement ............................................................................. 94
Form No. 6 Price Schedule/Bill of Quantities ................................................................... 96
Form No. 7 Bid Securing Declaration ................................................................................ 100
Form No. 8 Contract Agreement Form .............................................................................. 101

Form No. 1
Bid Form
Date: ________
To: Bids and Awards Committee (BAC)
Brgy. Wack-Wack, Ortigas Avenue,
1555 Mandaluyong City
We, the undersigned, declare that:
a) We have examined and have no reservation to the Bidding Documents, including Addenda,
for the Contract [insert name of contract];
b) We offer to execute the Works for this Contract in accordance with the Bid and Bid Data
Sheet, General and Special Conditions of Contract accompanying this Bid:
The total price of our Bid, excluding any discounts offered in item d) below is: [insert
information];
The discounts offered and the methodology for their application are: [insert information];
c) Our Bid shall be valid for a period of [insert number] 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;
d) If our bid is accepted, we commit to obtain a Performance Security in the amount of [insert
percentage amount] percent of the Contract Price for the due performance of the Contract;
e) Our firm, including any subcontractor or suppliers for any part of the Contract, have
nationalities from the following eligible countries: [insert information];
f) We are not participating, as Bidders, in more than one Bid in this bidding process, other
than alternative offers in accordance with the Bidding Documents;
g) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part
of the Contract, has not been declared ineligible by the Funding Source;
h) We understand that this Bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal
Contract is prepared and executed; and
i) We understand that you are not bound to accept the Lowest Evaluated Bid or any other Bid
that you may receive.
Name:
In the capacity of:
Signature:
Duly authorized to sign the Bid for and on behalf of:
Date__________________Signed:______________________
Annex to
Form No. 1
BID TOTAL
(To be Prepared and Completed by the Bidder)
Total Lump Sum Bid Price for this contract including VAT is: Pesos (In
words)______________________________________________________________.
Total Lump Sum Price of Estimated VAT for this contract is: Pesos (In
words)______________________________________________________________.
Total Lump Sum Bid Price for this contract excluding VAT is: Pesos (In
words)______________________________________________________________.
BID TOTAL (In Figures)
In Million of Pesos In Million of Pesos In Million of Pesos

No. Description
(including VAT) (Amount of VAT) (excluding VAT)
1 Total Lump Sum Price
Full Signature of the Authorized Representative of the Bidder:_______________.
Note:
1) The comparison of Bids shall be based on the Total Bid Price including the amount of VAT,
after correction of arithmetic errors, if any (refer to Clause 5.4 of Instructions to Bidders)

Form No. 2
List of On-going Contracts
As of _____________________________
Name of Bidder: ____________________________________________________________________
Date of Description of Completed/On- Contract Completion Amount of

Client/Address Contract
Award going Project Date Contract
The statements must be accompanied with copies of pertinent contracts, agreements, or Purchase Orders; and, Notice of Award and/or Notice to Proceed; or their equivalents.
Submitted by (Print Name and Sign) Designation Submitted to:
Department of Transportation and

Communications

Form No. 3
List of Completed Contracts
As of _____________________________
Name of Bidder: ____________________________________________________________________
Contract
Date of Description of Completed/On-going Amount of
Client/Address Contract Completion
Award Projects Contract
Date
The statements must be accompanied with copies of pertinent contracts, agreements, or Purchase Orders; and, Certificate of Completion, Acceptance, or Official Receipts issued for the contract; or
their equivalents.
Submitted by (Print Name and Sign) Designation Submitted to:
Department of Transportation and

Communications

Form No. 4
Contractor’s Organizational Chart for the Contract
The proposed Organizational Chart that the Contractor intends to use to execute the Contract
if awarded. Indicate in the chart the names of the Project Manager, Project Engineer, Bridge
Engineer, Structural Engineer, Materials and Quality Engineer, Foreman and other Key
Engineering Personnel.
Attach the required Proposed Organizational Chart for the Contract as stated above
Note: This organizational chart should represent the “Contractor’s Organization” required for
the Project, and not the organizational chart of the entire firm.

Form No. 5
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 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 or activity.
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________,
Philippines.
_____________________________________
Bidder’s Representative/Authorized Signatory

Form No. 6
Price Schedule/Bill of Quantities
Part 1: Detailed Engineering Design
Pay
Item Description Unit Rate Quantity Amount
No.
Design of Emerald and Masinag Stations
I. REMUNERATIONS
“xx”
Sub-Total I.
‘xxx”
REMUNERATIONS
II. OTHER COSTS
2.1 Engineering Investigation
2.1.1 “xxx” “xxx”
2.1.2 “xxx” “xxx”
2.2 ‘xxx’
Sub-Total II. OTHER COSTS ‘xxx”
TOTAL I & II.
VAT ‘xxx”
TOTAL 1: DESIGN OF EMERALD
‘XXX’
AND MASINAG STATIONS
Part 2: Construction of the Works
Pay
Unit Cost Total
Item Description Unit Quantity
(Pesos) (Pesos)
No.
I: Construction of Emerald Station
Div. 2 Site Construction
‘xxx’ ‘xxx’ ‘xxx’ ‘xxx’ ‘xxx’ ‘xxx’
Removal of sidewalk, concrete

Provisional
2.x slab, excavation and backfill for 86,000
Sum
Driveway fronting Robinson’s Mall
Sub-total Division 2 ‘XXX’
Div. 3 Concrete

Pay
Unit Cost Total
(Pesos) (Pesos)
No.
Structural Concrete and RSB for

retrofitting of basement deck slab, Provisional
3.x 2,960,000
beams and column for Driveway Sum
fronting Robinson’s Mall
Div. 4 Masonry
Div. 5 Metals
Thermal and Moisture

Div. 7
Protection
Div. 8 Doors and Windows

Div. 9 Finishes

Pay
Unit Cost Total
(Pesos) (Pesos)
No.
Div. 10 Specialties
Removal of Covered walkways
Provisional
10.x affected by Driveway fronting 153,000
Sum
Robinson’s Mall
Div. 13 Special Construction

Div. 14 Conveying Systems

Div. 15 Mechanical Works

Div. 16 Electrical Works

Removal and Relocation of Power
Provisional
16.x Service Entrance affected by 842,000
Sum
Driveway fronting Robinson’s Mall
SUB-TOTAL I – EMERALD STATION ‘XXXX’

Pay
Unit Cost Total
(Pesos) (Pesos)
No.
II: Construction of Masinag Station
Div. 2 Site Construction

Div.3

SUB-TOTAL II – MASINAG STATION ‘XXXX’
TOTAL I & II (EMERALD & MASINAG ‘XXXX’

STATIONS)
VAT ‘XXXX’
TOTAL 2: CONSTRUCTION OF ‘xxxxx’

WORKS
TOTAL 1 & 2: DESIGN AND ‘xxxxx’

CONSTRUCTION OF EMERALD AND
MASINAG STATIONS

Form No. 7
Bid Securing Declaration
Date: [insert date (as day, month and year)]

Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Procuring Entity]
We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a Bid-Securing

Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with the Employer for the period of time of [insert number of months or years]
starting on [insert date], if we are in breach of our obligation(s) under the bid conditions,
because we:
(a) have withdrawn our Bid during the period of bid validity specified in the Form of Bid;
or
(b) having been notified of the acceptance of our Bid by the Procuring Entity during the
period of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail
or refuse to furnish the Performance Security, in accordance with the ITB.
We understand this Bid Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful
Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Signed: [insert signature of person whose name and capacity are shown] in the capacity of
[insert legal capacity of person signing the Bid Securing Declaration]
Name: [insert complete name of person signing the Bid Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)
[Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid.]
Form No. 8
Contract Agreement Form
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of
Procuring Entity] of the Philippines (hereinafter called “the Entity”) of the one part and
[name and address of Contractor] (hereinafter called the “Contractor”) of the other part:
WHEREAS, the Entity is desirous that the Contractor execute [name and
identification number of contract] (hereinafter called “the Works”) and the Entity has
accepted the Bid for [insert the amount in specified currency in numbers and words] by the
Contractor for the execution and completion of such Works and the remedying of any defects
therein.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter
referred to.
2. The following documents shall be attached, deemed to form, and be read and
construed as part of this Agreement, to wit:
(a) General and Special Conditions of Contract;

(b) Drawings/Plans;
(c) Specifications;
(d) Invitation to Apply for Eligibility and to Bid;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Addenda and/or Supplemental/Bid Bulletins, if any;
(h) Bid form, including all the documents/statements contained in the
Bidder’s bidding envelopes, as annexes;
(i) Eligibility requirements, documents and/or statements;
(j) Performance Security;
(k) Credit line issued by a licensed bank, if any;
(l) Notice of Award of Contract and the Bidder’s conforme thereto;
(m) Other contract documents that may be required by existing laws and/or
the Entity.
3. Priority of Documents. The documents forming the Contract are to be taken as

mutually explanatory of one another. For the purposes of interpretation, the
priority of the documents shall be in accordance with the following sequence:
(a) the Contract Agreement (if any),
(b) the Letter of Acceptance,
(c) the Letter of Tender,
(d) the Special Conditions of Contract
(e) the General Conditions of Contract
(f) the Specification,
(g) the Drawings, and
(h) the Schedules and any other documents forming part of the Contract.
If an ambiguity or discrepancy is found in the documents, the Engineer shall

issue any necessary clarification or instruction.
4. 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 in all respects.
5. The Entity hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works and the remedying of defects wherein,
the Contract Price or such other sum as may become payable under the
provisions of this Contract at the times and in the manner prescribed by this
Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed
in accordance with the laws of the Republic of the Philippines on the day and year first above
written.
Signed, sealed, delivered by the (for the Entity)
Signed, sealed, delivered by the (for the Contractor)
Binding Signature of PROCURING ENTITY
________________________________________________
Binding Signature of Contractor
_____________________________________________
Contractor)

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Republic of the Philippines

Civil Works of LRT Line 2

PACKAGE 2 – DESIGN AND BUILD OF

Section I Invitation to Bid

Section II Instructions to Bidders

Section III Bid Data Sheet

Section IV General Conditions of Contract

Section V Special Conditions of Contract

Section VI Procuring Entity’s Requirements (Volume 2)

1. Part 1 – Terms of Reference

2. Part 2 – Particular Design and Performance

3. Appendix to Terms of Reference (TOR)

Section VII Conceptual Design Drawings (Volume 3)

Section VIII Bidding Forms

Contract for the Civil Works of LRT Line 2 1 BID DOCUMENTS

The Department of Transportation and Communications (DOTC), through the General

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

The Pre-Bid Conference shall be open to all interested Bidders.

The Deadline for Submission of Bids (Eligibility, Technical and Financial) is on 20

Contract for the Civil Works of LRT Line 2 II - 6 BID DOCUMENTS

1. SCOPE OF BID ..........................................................................................................................

B. CONTENTS OF BIDDING DOCUMENTS ..........................................................................

9. PRE-BID CONFERENCE .........................................................................................................

C. PREPARATION OF BIDS ......................................................................................................

11. LANGUAGE OF BID ................................................................................................................ 16

D. SUBMISSION AND OPENING OF BIDS .............................................................................

21. DEADLINE FOR SUBMISSION OF BIDS .............................................................................. 25

E. EVALUATION AND COMPARISON OF BIDS ..................................................................

25. PROCESS TO BE CONFIDENTIAL ........................................................................................ 28

F. AWARD OF CONTRACT ......................................................................................................

30. CONTRACT AWARD ..............................................................................................................

Contract for the Civil Works of LRT Line 2 II - 8 BID DOCUMENTS

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

(i) “corrupt practice” means behavior on the part of officials in the

(ii) “fraudulent practice” means a misrepresentation of facts in

(iii) “collusive practices” means a scheme or arrangement between

Contract for the Civil Works of LRT Line 2 II - 9 BID DOCUMENTS

(iv) “coercive practices” means harming or threatening to harm,

(v) directly or indirectly, persons, or their property to influence

(vi) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

b) will reject a proposal for award if it determines that the Bidder

c) will declare a firm ineligible, either indefinitely or for a stated period

Contract for the Civil Works of LRT Line 2 II - 10 BID DOCUMENTS

4.1. All Bidders found to have conflicting interests shall be disqualified to

a) A Bidder has controlling shareholders in common with another Bidder;

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

d) A Bidder has a relationship, directly or through third parties, that puts

f) A Bidder who participated as a consultant in the preparation of the

g) A Bidder who lends, or temporary seconds, its personnel to firms or

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

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

Contract for the Civil Works of LRT Line 2 II - 11 BID DOCUMENTS

e) Relationship of the nature described above or failure to comply with

a) Duly licensed Filipino citizens/sole proprietorships;

b) Partnerships duly organized under the laws of the Philippines and of

c) Corporations duly organized under the laws of the Philippines, and of