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6th Edition PBDs - Infrastructure Projects With Bid Forms - 29OCT2020 PDF

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PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Procurement of
INFRASTRUCTURE
PROJECTS
Government of the Republic of the Philippines

Sixth Edition
July 2020
Preface

These Philippine Bidding Documents (PBDs) for the procurement of Infrastructure


Projects (hereinafter referred to also as the “Works”) through Competitive Bidding have been
prepared by the Government of the Philippines for use by all branches, agencies, departments,
bureaus, offices, or instrumentalities of the government, including government-owned and/or
-controlled corporations, government financial institutions, state universities and colleges,
local government units, and autonomous regional government. The procedures and practices
presented in this document have been developed through broad experience, and are for
mandatory use in projects that are financed in whole or in part by the Government of the
Philippines or any foreign government/foreign or international financing institution in
accordance with the provisions of the 2016 revised Implementing Rules and Regulations (IRR)
of Republic Act (RA) No. 9184.

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

The Bidding Documents shall clearly and adequately define, among others: (i) the
objectives, scope, and expected outputs and/or results of the proposed contract; (ii) the
eligibility requirements of Bidders; (iii) the expected contract duration; and (iv) the obligations,
duties, and/or functions of the winning Bidder.

Care should be taken to check the relevance of the provisions of the PBDs against the
requirements of the specific Works to be procured. If duplication of a subject is inevitable in
other sections of the document prepared by the Procuring Entity, care must be exercised to
avoid contradictions between clauses dealing with the same matter.

Moreover, each section is prepared with notes intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They shall not be included in
the final documents. The following general directions should be observed when using the
documents:

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

b. Specific details, such as the “name of the Procuring Entity” and “address for
bid submission,” should be furnished in the Instructions to Bidders, Bid Data
Sheet, and Special Conditions of Contract. The final documents should contain
neither blank spaces nor options.

c. This Preface and the footnotes or notes in italics included in the Invitation to
Bid, BDS, General Conditions of Contract, Special Conditions of Contract,
Specifications, Drawings, and Bill of Quantities are not part of the text of the
final document, although they contain instructions that the Procuring Entity
should strictly follow.

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d. The cover should be modified as required to identify the Bidding Documents as
to the names of the Project, Contract, and Procuring Entity, in addition to date
of issue.

e. Modifications for specific Procurement Project details should be provided in the


Special Conditions of Contract as amendments to the Conditions of Contract.
For easy completion, whenever reference has to be made to specific clauses in
the Bid Data Sheet or Special Conditions of Contract, these terms shall be
printed in bold typeface on Sections I (Instructions to Bidders) and III (General
Conditions of Contract), respectively.

f. For guidelines on the use of Bidding Forms and the procurement of Foreign-
Assisted Projects, these will be covered by a separate issuance of the
Government Procurement Policy Board.

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TABLE OF CONTENTS

Glossary of Terms, Abbreviations, and Acronyms..........................................5


Section I. Invitation to Bid .................................................................................7
Section II. Instructions to Bidders.................................................................. 10
1. Scope of Bid ............................................................................................................11
2. Funding Information ...............................................................................................11
3. Bidding Requirements.............................................................................................11
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ....................12
5. Eligible Bidders.......................................................................................................12
6. Origin of Associated Goods ....................................................................................12
7. Subcontracts ............................................................................................................12
8. Pre-Bid Conference .................................................................................................13
9. Clarification and Amendment of Bidding Documents............................................13
10. Documents Comprising the Bid: Eligibility and Technical Components ...............13
11. Documents Comprising the Bid: Financial Component .........................................14
12. Alternative Bids ......................................................................................................14
13. Bid Prices ................................................................................................................14
14. Bid and Payment Currencies ...................................................................................15
15. Bid Security.............................................................................................................15
16. Sealing and Marking of Bids...................................................................................15
17. Deadline for Submission of Bids ............................................................................15
18. Opening and Preliminary Examination of Bids ......................................................15
19. Detailed Evaluation and Comparison of Bids .........................................................16
20. Post Qualification ....................................................................................................16
21. Signing of the Contract ...........................................................................................16
Section III. Bid Data Sheet .............................................................................. 17
Section IV. General Conditions of Contract ................................................. 19
1. Scope of Contract ....................................................................................................20
2. Sectional Completion of Works ..............................................................................20
3. Possession of Site ....................................................................................................20
4. The Contractor’s Obligations ..................................................................................20
5. Performance Security ..............................................................................................20
6. Site Investigation Reports .......................................................................................21

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7. Warranty ..................................................................................................................21
8. Liability of the Contractor .......................................................................................21
9. Termination for Other Causes .................................................................................21
10. Dayworks ................................................................................................................21
11. Program of Work.....................................................................................................22
12. Instructions, Inspections and Audits .......................................................................22
13. Advance Payment....................................................................................................22
14. Progress Payments ..................................................................................................22
15. Operating and Maintenance Manuals......................................................................22
Section V. Special Conditions of Contract..................................................... 24
Section VI. Specifications ................................................................................ 26
Section VII. Drawings ...................................................................................... 27
Section VIII. Bill of Quantities ....................................................................... 28
Section IX. Checklist of Technical and Financial Documents ..................... 30

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Glossary of
Terms, Abbreviations, and Acronyms

ABC – Approved Budget for the Contract.


ARCC – Allowable Range of Contract Cost.
BAC – Bids and Awards Committee.
Bid – A signed offer or proposal to undertake a contract submitted by a bidder in response to
and in consonance with the requirements of the bidding documents. Also referred to as
Proposal and Tender. (2016 revised IRR, Section 5[c])
Bidder – Refers to a contractor, manufacturer, supplier, distributor and/or consultant who
submits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR,
Section 5[d])
Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016
revised IRR, Section 5[e])
BIR – Bureau of Internal Revenue.
BSP – Bangko Sentral ng Pilipinas.
CDA – Cooperative Development Authority.
Consulting Services – Refer to services for Infrastructure Projects and other types of projects
or activities of the GOP requiring adequate external technical and professional expertise that
are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:
(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical services
or special studies. (2016 revised IRR, Section 5[i])
Contract – Refers to the agreement entered into between the Procuring Entity and the Supplier
or Manufacturer or Distributor or Service Provider for procurement of Goods and Services;
Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for
Procurement of Consulting Services; as the case may be, as recorded in the Contract Form
signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.
Contractor – is a natural or juridical entity whose proposal was accepted by the Procuring
Entity and to whom the Contract to execute the Work was awarded. Contractor as used in these
Bidding Documents may likewise refer to a supplier, distributor, manufacturer, or consultant.
CPI – Consumer Price Index.
DOLE – Department of Labor and Employment.
DTI – Department of Trade and Industry.
Foreign-funded Procurement or Foreign-Assisted Project – Refers to procurement whose
funding source is from a foreign government, foreign or international financing institution as

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specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section
5[b]).
GFI – Government Financial Institution.
GOCC – Government-owned and/or –controlled corporation.
Goods – Refer to all items, supplies, materials and general support services, except Consulting
Services and Infrastructure Projects, which may be needed in the transaction of public
businesses or in the pursuit of any government undertaking, project or activity, whether in the
nature of equipment, furniture, stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services such as the repair and maintenance of
equipment and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by the Procuring
Entity for such services. The term “related” or “analogous services” shall include, but is not
limited to, lease or purchase of office space, media advertisements, health maintenance
services, and other services essential to the operation of the Procuring Entity. (2016 revised
IRR, Section 5[r])
GOP – Government of the Philippines.
Infrastructure Projects – Include the construction, improvement, rehabilitation, demolition,
repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology projects,
irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power and electrification facilities, national
buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])
LGUs – Local Government Units.
NFCC – Net Financial Contracting Capacity.
NGA – National Government Agency.
PCAB – Philippine Contractors Accreditation Board.
PhilGEPS - Philippine Government Electronic Procurement System.
Procurement Project – refers to a specific or identified procurement covering goods,
infrastructure project or consulting services. A Procurement Project shall be described,
detailed, and scheduled in the Project Procurement Management Plan prepared by the agency
which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB Circular
No. 06-2019 dated 17 July 2019)
PSA – Philippine Statistics Authority.
SEC – Securities and Exchange Commission.
SLCC – Single Largest Completed Contract.
UN – United Nations.

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Section I. Invitation to Bid

Notes on the Invitation to Bid


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

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

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

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

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

d. Any important bid evaluation criteria.

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

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[Letterhead of the Procuring Entity]

Invitation to Bid for [Insert Procurement Project]


1. The [insert name of Procuring Entity], through the [insert source of funding and year]
intends to apply the sum of [insert the approved budget for the contract] being the
Approved Budget for the Contract (ABC) to payments under the contract for [insert
Procurement Project and Project Identification Number]. Bids received in excess of
the ABC shall be automatically rejected at bid opening.

Select this for lot-procurement:

The [insert name of Procuring Entity], through the [insert source of funding and year]
intends to apply the sum of [insert the approved budget for the contract corresponding
to each lot, and the name/identification/number of contract for each lot] being the
Approved Budget for the Contract (ABC) to payments under the contract for each lot.
Bids received in excess of the ABC for each lot shall be automatically rejected at bid
opening.

2. The [insert name of Procuring Entity] now invites bids for the above Procurement
Project. Completion of the Works is required [insert the required completion date or
expected contract duration]. Bidders should have completed a contract similar to the
Project. The description of an eligible bidder is contained in the Bidding Documents,
particularly, in Section II (Instructions to Bidders).

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

4. Interested bidders may obtain further information from [insert name of the Procuring
Entity] and inspect the Bidding Documents at the address given below from [insert
office hours].

5. A complete set of Bidding Documents may be acquired by interested bidders on [insert


date of availability of Bidding Documents] from given address and website/s below
{Insert if necessary: and upon payment of the applicable fee for the Bidding
Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of
[insert amount in Pesos].The Procuring Entity shall allow the bidder to present its proof
of payment for the fees [specify the manner if it will be presented in person, by
facsimile, or through electronic means.]}

6. The [insert name of the Procuring Entity] will hold a Pre-Bid Conference1 on [insert
time and date] at [insert address for Pre-Bid Conference, if applicable] {[insert if
applicable] and/or through videoconferencing/webcasting via [insert website,
application or technology to be used].}, which shall be open to prospective bidders.

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May be deleted in case the ABC is less than One Million Pesos (PhP1,000,000) where the Procuring Entity may not hold a
pre-bid conference.
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7. Bids must be duly received by the BAC Secretariat through {[specify the manner of bid
submission and receipt:] (i) manual submission at the office address as indicated below,
(ii) online or electronic submission as indicated below, or (iii) both} on or before
[insert time and date]. Late bids shall not be accepted.

8. All bids must be accompanied by a bid security in any of the acceptable forms and in
the amount stated in ITB Clause 16.

9. Bid opening shall be on [insert time and date] at the given address below {[if
applicable, insert] and/or through [insert website, application, or technology to be
used].} Bids will be opened in the presence of the bidders’ representatives who choose
to attend the activity.

10. [Insert such other necessary information deemed relevant by the Procuring Entity such
as the use of a back-up data or cloud storage for large files uploaded for online bid
submissions]

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

12. For further information, please refer to:

[Insert name of officer]


[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert official electronic mail address]
[Insert telephone number, indicate area code]
[Insert facsimile number]
[Insert website address, if applicable]

13. You may visit the following websites:

For downloading of Bidding Documents: [Indicate websites]

[If applicable] For online bid submission: [Indicate website]

[Date of Issue]

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

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Section II. Instructions to Bidders

Notes on the Instructions to Bidders

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

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1. Scope of Bid
The Procuring Entity, [indicate name] invites Bids for the [insert Procurement
Project], with Project Identification Number [indicate number].

[Note: The Project Identification Number is assigned by the Procuring Entity based on
its own coding scheme and is not the same as the PhilGEPS reference number, which
is generated after the posting of the bid opportunity on the PhilGEPS website.]

The Procurement Project (referred to herein as “Project”) is for the construction of


Works, as described in Section VI (Specifications).

2. Funding Information
2.1. The GOP through the source of funding as indicated below for [indicate funding
year] in the amount of [indicate amount].

2.2. The source of funding is:

[If an early procurement activity, select one and delete others:]

a. NGA, the National Expenditure Program.

b. GOCC and GFIs, the proposed Corporate Operating Budget.

c. LGUs, the proposed Local Expenditure Program.

[If not an early procurement activity, select one and delete others:]

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

b. GOCC and GFIs, the Corporate Operating Budget.

c. LGUs, the Annual or Supplemental Budget, as approved by the Sanggunian.

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

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

The Bidder, by the act of submitting its Bid, shall be deemed to have inspected the site,
determined the general characteristics of the contracted Works and the conditions for
this Project, such as the location and the nature of the work; (b) climatic conditions;
(c) transportation facilities; (c) nature and condition of the terrain, geological conditions
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at the site communication facilities, requirements, location and availability of
construction aggregates and other materials, labor, water, electric power and access
roads; and (d) other factors that may affect the cost, duration and execution or
implementation of the contract, project, or work and examine all instructions, forms,
terms, and project requirements in the Bidding Documents.

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


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

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

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

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


major categories of work stated in the BDS.

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

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

6. Origin of Associated Goods


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

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

The Procuring Entity has prescribed that:


[Select one, delete other/s]

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a. Subcontracting is allowed. The portions of Project and the maximum
percentage allowed to be subcontracted are indicated in the BDS, which
shall not exceed fifty percent (50%) of the contracted Works.

b. Subcontracting is not allowed.

7.1. [If Procuring Entity has determined that subcontracting is allowed during the
bidding , state:] The Bidder must submit together with its Bid the documentary
requirements of the subcontractor(s) complying with the eligibility criterial
stated in ITB Clause 5 in accordance with Section 23.4 of the 2016 revised IRR
of RA No. 9184 pursuant to Section 23.1 thereof.

7.2. [If subcontracting is allowed during the contract implementation stage, state:]
The Supplier may identify its subcontractor during the contract implementation
stage. Subcontractors identified during the bidding may be changed during the
implementation of this Contract. Subcontractors must submit the documentary
requirements under Section 23.1 of the 2016 revised IRR of RA No. 9184 and
comply with the eligibility criteria specified in ITB Clause 5 to the
implementing or end-user unit.

7.3. Subcontracting of any portion of the Project does not relieve the Contractor of
any liability or obligation under the Contract. The Supplier 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. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time and either at its physical address {[insert if applicable] and/or through
videoconferencing/webcasting} as indicated in paragraph 6 of the IB.

9. Clarification and Amendment of Bidding Documents


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

10. Documents Comprising the Bid: Eligibility and Technical


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

10.2. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must

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be accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent
office having jurisdiction over the foreign bidder’s affairs in the Philippines.
For Contracting Parties to the Apostille Convention, only the translated
documents shall be authenticated through an apostille pursuant to GPPB
Resolution No. 13-2019 dated 23 May 2019. The English translation shall
govern, for purposes of interpretation of the bid.

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

10.4. A List of Contractor’s key personnel (e.g., Project Manager, Project Engineers,
Materials Engineers, and Foremen) assigned to the contract to be bid, with their
complete qualification and experience data shall be provided. These key
personnel must meet the required minimum years of experience set in the BDS.

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

11. Documents Comprising the Bid: Financial Component


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

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

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


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

12. Alternative Bids


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

13. Bid Prices


All bid prices for the given scope of work in the Project as awarded shall be considered
as fixed prices, and therefore not subject to price escalation during contract
implementation, except under extraordinary circumstances as determined by the NEDA
and approved by the GPPB pursuant to the revised Guidelines for Contract Price
Escalation guidelines.
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14. Bid and Payment Currencies
14.1. Bid prices may be quoted in the local currency or tradeable currency accepted
by the BSP at the discretion of the Bidder. However, for purposes of bid
evaluation, Bids denominated in foreign currencies shall be converted to
Philippine currency based on the exchange rate as published in the BSP
reference rate bulletin on the day of the bid opening.

14.2. Payment of the contract price shall be made in:

[Select one, delete other/s]

a. Philippine Pesos.

b. [indicate currency if procurement involves a foreign-denominated bid as


allowed by the Procuring Entity, which shall be tradeable or acceptable
by the BSP.]

15. Bid Security


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

15.2. The Bid and bid security shall be valid until [indicate date]. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.

16. Sealing and Marking of Bids


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

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

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

17. Deadline for Submission of Bids


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

18. Opening and Preliminary Examination of Bids

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

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

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


2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids


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

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

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

20. Post Qualification


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

21. Signing of the Contract


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

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Section III. Bid Data Sheet

Notes on the Bid Data Sheet (BDS)


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

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

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

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


incorporated.

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


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

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Bid Data Sheet
ITB Clause
5.2 For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:
[provide description/clarification of what are major categories of work].
7.1 [Specify the portions of Works and the maximum percentage allowed to be
subcontracted, which shall not be significant or material components of the
Project as determined by the Procuring Entity.]
10.3 [Specify if another Contractor license or permit is required. ]

10.4 The key personnel must meet the required minimum years of experience set
below:
Key Personnel General Experience Relevant Experience

10.5 The minimum major equipment requirements are the following:

Equipment Capacity Number of Units

12 [Insert Value Engineering clause if allowed.]

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

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

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Section IV. General Conditions of Contract

Notes on the General Conditions of Contract


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

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

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

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

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

2. Sectional Completion of Works


If sectional completion is specified in the Special Conditions of Contract (SCC),
references in the Conditions of Contract to the Works, the Completion Date, and the
Intended Completion Date shall apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of the
Works).

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

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

4. The Contractor’s Obligations


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

The Procuring Entity will approve any proposed replacement of key personnel only if
their relevant qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.
5. Performance Security
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5.1. Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both
parties, the successful Bidder shall furnish the performance security in any of
the forms prescribed in Section 39 of the 2016 revised IRR.

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

6. Site Investigation Reports


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

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

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


force majeure, shall cover the period from the date of issuance of the Certificate
of Final Acceptance by the Procuring Entity. Specific duration of the warranty
is found in the SCC.

8. Liability of the Contractor


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

9. Termination for Other Causes


Contract termination shall be initiated in case it is determined prima facie by the
Procuring Entity that the Contractor has engaged, before, or during the implementation
of the contract, in unlawful deeds and behaviors relative to contract acquisition and
implementation, such as, but not limited to corrupt, fraudulent, collusive, coercive, and
obstructive practices as stated in ITB Clause 4.

10. Dayworks

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

11. Program of Work


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

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

12. Instructions, Inspections and Audits


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

13. Advance Payment


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

14. Progress Payments


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

15. Operating and Maintenance Manuals


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

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

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Section V. Special Conditions of Contract

Notes on the Special Conditions of Contract


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

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

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

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


circumstances of the specific purchase, must also be incorporated.

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

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Special Conditions of Contract
GCC Clause
2 [If different dates are specified for completion of the Works by section, i.e.
“sectional completion,” these dates should be listed here.]
4.1 [Specify the schedule of delivery of the possession of the site to the Contractor,
whether full or in part.]
6 The site investigation reports are: [list here the required site investigation
reports.]
7.2 [Select one, delete the other.]

[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.

[In case of semi-permanent structures, such as buildings of types 1, 2, and 3 as


classified under the National Building Code of the Philippines, concrete/asphalt
roads, concrete river control, drainage, irrigation lined canals, river landing,
deep wells, rock causeway, pedestrian overpass, and other similar semi-
permanent structures:] Five (5) years.

[In case of other structures, such as bailey and wooden bridges, shallow wells,
spring developments, and other similar structures:] Two (2) years.
10 [Select one, delete the other:]

a. Dayworks are applicable at the rate shown in the Contractor’s original


Bid.

b. No dayworks are applicable to the contract.


11.1 The Contractor shall submit the Program of Work to the Procuring Entity’s
Representative within [insert number] days of delivery of the Notice of Award.
11.2 The amount to be withheld for late submission of an updated Program of Work
is [insert amount].
13 The amount of the advance payment is [insert amount as percentage of the
contract price that shall not exceed 15% of the total contract price and schedule
of payment].
14 [If allowed by the Procuring Entity, state:] Materials and equipment delivered
on the site but not completely put in place shall be included for payment.
15.1 The date by which operating and maintenance manuals are required is [date].

The date by which “as built” drawings are required is [date].


15.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required is [amount in local
currency].

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Section VI. Specifications
Notes on Specifications

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

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

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

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

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Contract to specific standards and codes to be met by the goods
and materials to be furnished, and work performed or tested, the provisions of the latest current
edition or revision of the relevant standards and codes in effect shall apply, unless otherwise
expressly stated in the Contract. Where such standards and codes are national, or relate to a particular
country or region, other authoritative standards that ensure a substantially equal or higher quality
than the standards and codes specified will be accepted subject to the Procuring Entity’s
Representative’s prior review and written consent. Differences between the standards specified and
the proposed alternative standards shall be fully described in writing by the Contractor and submitted
to the Procuring Entity’s Representative at least twenty-eight (28) days prior to the date when the
Contractor desires the Procuring Entity’s Representative’s consent. In the event the Procuring
Entity’s Representative determines that such proposed deviations do not ensure substantially equal
or higher quality, the Contractor shall comply with the standards specified in the documents.

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

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

Please refer to attached plans.

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Section VIII. Bill of Quantities

Notes on the Bill of Quantities


Objectives

The objectives of the Bill of Quantities are:

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


enable Bids to be prepared efficiently and accurately; and

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

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

Daywork Schedule

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

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

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


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

Provisional Sums

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


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

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

Signature Box

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

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

Please refer to attached schedule of Bid


Rates.

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Section IX. Checklist of Technical and Financial
Documents

Notes on the Checklist of Technical and Financial Documents


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

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

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

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

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Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

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

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

31
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.

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

Class “B” Documents


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

II. FINANCIAL COMPONENT ENVELOPE


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

Other documentary requirements under RA No. 9184


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

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NATIONAL HOUSING AUTHORITY

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NATIONAL HOUSING AUTHORITY

Bid Form for the Procurement of Infrastructure Projects


[shall be submitted with the Bid]

BID FORM

Date : _________________
Project Identification No. : _________________
To: [name and address of Procuring Entity]

Having examined the Philippine Bidding Documents (PBDs) including the


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

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


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

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

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

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

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

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

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


amount of [insert percentage amount] percent of the Contract Price for
the due performance of the Contract, or a Performance Securing Declaration
in lieu of the allowable forms of Performance Security, subject to the terms
and conditions of issued GPPB guidelines 12 for this purpose;

h. We are not participating, as Bidders, in more than one Bid in this bidding
process, other than alternative offers in accordance with the Bidding
Documents;

i. We understand that this Bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract
between us, until a formal Contract is prepared and executed; and

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NATIONAL HOUSING AUTHORITY

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

k. We likewise certify/confirm that the undersigned, is the duly authorized


representative of the bidder, and granted full power and authority to do,
execute and perform any and all acts necessary to participate, submit the bid,
and to sign and execute the ensuing contract for the [Name of Project] of the
[Name of the Procuring Entity].

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

Name: ____________________________________________________________

Legal Capacity: _____________________________________________________

Signature: _________________________________________________________

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

Date: ___________________

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NATIONAL HOUSING AUTHORITY

Bid Securing Declaration Form


[shall be submitted with the Bid if bidder opts to provide this form of bid security]

REPUBLIC OF THE PHILIPPINES)


CITY OF _______________________) S.S.

BID SECURING DECLARATION


Project Identification No.: [Insert number]

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

I/We, the undersigned, declare that:

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

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of two (2) years upon
receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided
under Section 6 of the Guidelines on the Use of Bid Securing Declaration, within fifteen
(15) days from receipt of the written demand by the procuring entity for the commission
of acts resulting to the enforcement of the bid securing declaration under Sections
23.1(b), 34.2, 40.1 and 69.1, except 69.1(f),of the IRR of RA No. 9184; without
prejudice to other legal action the government may undertake.

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

a. Upon expiration of the bid validity period, or any extension thereof pursuant to
your request.
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice
to such effect, and (i) I/we failed to timely file a request for reconsideration or
(ii) I/we filed a waiver to avail of said right; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid,
and I/we have furnished the performance security and signed the Contract.

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

[Insert NAME OF BIDDER OR ITS


AUTHORIZED REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

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NATIONAL HOUSING AUTHORITY

Omnibus Sworn Statement (Revised)


[shall be submitted with the Bid]

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 or authorized


representative 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, or authorized


representative of [Name of Bidder], I have full power and authority to do,
execute and perform any and all acts necessary to participate, submit
the bid, and to sign and execute the ensuing contract for [Name of the
Project] of the [Name of the Procuring Entity], as shown in the attached
duly notarized Special Power of Attorney;

[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 to participate, submit the bid, and to sign and execute the
ensuing contract for [Name of the Project] of the [Name of the Procuring
Entity], as shown in the attached [state title of attached document
showing proof of authorization (e.g., duly notarized Secretary’s
Certificate, Board/Partnership Resolution, or Special Power of Attorney,
whichever is applicable;)];

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the


Government of the Philippines or any of its agencies, offices, corporations, or
Local Government Units, foreign government/foreign or international financing
institution whose blacklisting rules have been recognized by the Government
Procurement Policy Board, by itself or by relation, membership, association,
affiliation, or controlling interest with another blacklisted person or entity as
defined and provided for in the Uniform Guidelines on Blacklisting;

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NATIONAL HOUSING AUTHORITY

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:] The owner or sole proprietor is 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 responsibilities as a


Bidder in compliance with the Philippine Bidding Documents, which includes:

a. Carefully examining all of the Bidding Documents;


b. Acknowledging all conditions, local or otherwise, affecting the
implementation of the Contract;
c. Making an estimate of the facilities available and needed for the contract
to be bid, if any; and
d. Inquiring or securing Supplemental/Bid Bulletin(s) issued for the [Name
of the Project].

38
NATIONAL HOUSING AUTHORITY

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.

10. In case advance payment was made or given, failure to perform or deliver any
of the obligations and undertakings in the contract shall be sufficient
grounds to constitute criminal liability for Swindling (Estafa) or the commission
of fraud with unfaithfulness or abuse of confidence through misappropriating or
converting any payment received by a person or entity under an obligation
involving the duty to deliver certain goods or services, to the prejudice of the
public and the government of the Philippines pursuant to Article 315 of Act No.
3815 s. 1930, as amended, or the Revised Penal Code.

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

[Insert NAME OF BIDDER OR ITS AUTHORIZED


REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

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

39
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-15


Revised on: July 29, 2004
List of all Ongoing Government & Private Construction Contracts including contracts awarded but not yet started
Business Name : __________________________________________________________________________________________________________________________________
Business Address : __________________________________________________________________________________________________________________________________
Name of Contract/Location/ a. Owner’s Name Contractor’s Role a. Date Awarded % of Accomplishment Value of
Project Cost b. Address Nature of Work b. Date Started Outstanding Works
Description
c. Telephone Nos. % c. Date of Completion Planned Actual (Php)

GOVERNMENT

PRIVATE

Total Cost P

Submitted by
: ___________________________________________________
(Printed Name & Signature)
Designation
: ___________________________________________________
Date : ___________________________________________________

40
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-16


Revised on: July 29, 2004
Statement of all Completed Government & Private Contracts which are similar in nature
Business Name : ____________________________________________________________________________________________________
Business Address
: ____________________________________________________________________________________________________

a. Owner’s Name Contractor’s Role a. Amount at Award a. Date Awarded


Name of Contract
b. Address Nature of Work Description b. Amount at Completion b. Contract Effectivity
c. Telephone Nos. % c. Duration c. Date Completed

Government

Private

Submitted by
: ___________________________________________________
(Printed Name & Signature)
Designation
: ___________________________________________________
Date
: ___________________________________________________

41
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-18


Revised on: July 29, 2004

Statement of Availability of Key Personnel and Equipment

(Date of Issuance)

MR. MARCELINO P. ESCALADA JR.


General Manager
NATIONAL HOUSING AUTHORITY
Elliptical Road, Diliman, Quezon City

Attention : THE CHAIRPERSON


Bids and Awards Committee

Dear Sir:

In compliance with the requirements of the NATIONAL HOUSING AUTHORITY BAC


for the bidding of the __(Name of the Contract)__, we certify that __(Name of the
Bidder)__ has in its employ key personnel, such as project managers, project
engineers, materials engineers and foremen, who may be engaged for the
construction of the said contract.

Further, we likewise certify the availability of equipment that __(Name of the


Bidder)__ owns, has under lease, and/or has under purchase agreements, that
may be used for the construction contracts.

Very truly yours,

(Name of Representative)
(Position)
(Name of Bidder)

42
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-19


Revised on: 2016

FINANCIAL DOCUMENTS FOR ELIGIBILITY CHECK

A. Summary of the Applicant Firm’s/Contractor’s assets and liabilities on the basis of the
attached Internal Revenue or BIR authorized collecting agent, for the immediately
preceding year and a certified copy of Schedule of Fixed Assets particularly the list of
construction equipment. income tax return and audited financial statement, stamped
“RECEIVED” by the Bureau of Internal Revenue:

Year 20__
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Total Net Worth (1-3)
6. Current Net Worth or Net
Working Capital (2-4)

B. The Net Financial Contracting Capacity (NFCC) based on the above data is computed as
follows:

NFCC = K (current asset – current liabilities) minus value of all outstanding works under
ongoing contracts including awarded contracts yet to be started

NFCC = ₱ _______________________________________

K = 15

OR

Commitment from a licensed bank to extend to it a credit line if awarded the contract or a
cash deposit certificate in the amount of at least 10% of the proposed project to bid.

Name of Bank: ________________________________ Amount: ___________________

Herewith attached are certified true copies of the income tax return and audited financial
statement: stamped “RECEIVED” by the BIR or BIR authorized collecting agent for the
immediately preceding year and the cash deposit certificate or certificate of commitment
from a licensed bank to extend a credit line.

Submitted by:

________________________________________
Name of Firm / Contractor

_________________________________________
Signature of Authorized Representative
Date : _____________________________

NOTE:
1. If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit
the above requirements.

43
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-44


Revised on: August 11, 2004

Contractor’s Organizational Chart for the Contract

Submit Copy of the Organizational Chart that the Contractor intends to use to execute the
Contract if awarded to him. Indicate in the chart the names of the Project Manager, Project
Engineer, Bridge Engineer, Structural Engineer, Materials and Quality Control Engineer,
Foreman and other Key Engineering Personnel.

Attach the required Proposed Organizational Chart for the Contract as stated above

(Name of Representative)
(Position)
(Name of Bidder)

44
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-45


Revised on: August 11, 2004

Contractor’s Letter-Certificate to Procuring Entity

(Date of Issuance)

Name of the Head of the Procuring Entity


Position of the Head of the Procuring Entity
Name of the Procuring Entity
Address of the Procuring Entity

Dear Sir/Madame:

Supplementing our Organizational Chart for the Contract, we have the honor to
submit herewith, and to certify as true and correct, the following pertinent
information:

1. That I/we have engaged the services of ____(Name of Employee)____, to


be the __(Designation)__ of the __(Name of Contract)__, who is a
__(Profession)__ with Professional License Certificate No. _______ issued on
________________ and who has performed the duties in the construction of the
Contracts enumerated in the duly filled Form _____.

2. The said Engineer shall be designated by us as our _(Designation)_ to


personally perform the duties of the said position in the above-mentioned project,
if and when the same is awarded in our favor.

3. That said Engineer shall employ the best care, skill and ability in performing
his duties in accordance with the Contract Agreement, Conditions of Contract,
Plans, Specifications, Special Provisions, and other provisions embodied in the
proposed contract.

4. That said Engineer shall be personally present at the jobsite to supervise


the phase of the construction work pertaining to this assignment as
_(Designation__, all the time.

5. That, in order to guarantee that said Engineer shall perform his duties
properly and be personally present in the Job Site; he is hereby required to secure
a certificate of appearance for the Procuring Entity Engineer at the end of every
month.

That, in the event that I/we elect or choose to replace said _(Designation)_ with
another Engineer, the Procuring Entity will be accordingly notified by us in writing
at least twenty one (21) days before making the replacement. We will submit to
the Procuring Entity, for prior approval, the name of the proposed new
_(Designation)_, his qualifications, experience, list of projects undertaken and
other relevant information.

45
NATIONAL HOUSING AUTHORITY

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

Very truly yours,

_________________________________
(Authorized Representative of Bidder)

CONCURRED IN:

____________________________
(Name of Engineer)

____________________________
(Address)

46
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-46


Revised on: August 11, 2004

Key Personnel’s Certificate of Employment

(Date of Issuance)

MR. MARCELINO P. ESCALADA JR.


General Manager
NATIONAL HOUSING AUTHORITY
Elliptical Road, Diliman, Quezon City

Dear Sir:

I am ____(Name of Nominee)____ a Licensed ________ Engineer with


Professional License No. ___________ issued on ___(Date of issuance)___ at ___(place
of issuance)___.

I hereby certify that ___(Name of Bidder)___ has engaged my services as


___(Designation)___ for ___(Name of the Contract)___, if awarded to it.

As ___(Designation)___, I supervised the following completed projects similar to


the contract under bidding:

NAME OF PROJECT OWNER COST DATE COMPLETED


___________________ ___________ _________ _____________
___________________ ___________ _________ _____________
___________________ ___________ _________ _____________
___________________ ___________ _________ _____________
___________________ ___________ _________ _____________

At present, I am supervising the following projects:

NAME OF PROJECT OWNER COST DATE COMPLETED


___________________ ___________ _________ _____________
___________________ ___________ _________ _____________
___________________ ___________ _________ _____________
___________________ ___________ _________ _____________
___________________ ___________ _________ _____________

In case of my separation for any reason whatsoever from the above-mentioned


Contractor, I shall notify the NATIONAL HOUSING AUTHORITY at least twenty-one (21)
days before the effective date of my separation.

47
NATIONAL HOUSING AUTHORITY

As ___(Designation)___, I know I will have to stay I the job site all the time to
supervise and manage the Contract works to the best of my ability, and aware that I am
authorized to handle only one (1) contract at a time.

I do not allow the use of my name for the purpose of enabling the above-mentioned
Contractor to qualify for the Contract without any firm commitment on my part to assume
the post of ___(Designation)___ therefore, if the Contract is awarded to him since I
understand that to do so will be a sufficient ground for my disqualification as
___(Designation)___ in any future NATIONAL HOUSING AUTHORITY bidding or
employment with any Contractor doing business with the NATIONAL HOUSING
AUTHORITY.

_________________________
(Signature of Engineer)

DRY SEAL

Republic of the Philippines )


_____________________ ) S.S.

SUBSCRIBED AND SWORN TO before me this _________ day of _____________


20__ affiant exhibiting to me his Residence Certificate No. _________ issued on
_________ at ____________________.

Notary Public
Until December 31, 20__

Doc. No._________;
Page No. ________;
Book No. ________;
Series of ________;

48
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-47


Revised on: August 11, 2004

KEY PERSONNEL
(FORMAT OF BIO-DATA)

Give the detailed information of the following personnel who are scheduled to be assigned as full-
time field staff for the project. Fill up a form for each person.

- Authorized Managing Officer / Representative

- Sustained Technical Employee

1. Name : _________________________________________

2. Date of Birth : _________________________________________

3. Nationality : _________________________________________

4. Education and Degrees : _________________________________________

5. Specialty : _________________________________________

6. Registration : _________________________________________

7. Length of Service with the Firm : ____ Year from ___ (months) ____ (year)
To ___ (months) ____ (year)

8. Years of Experience :_________________________________________

9. If Item 7 is less than ten (10) years, give name and length of service with previous
employers for a ten (10)-year period (attached additional sheet/s), if necessary:

Name and Address of Employer Length of Service

_________________________ _____ year(s) from _______ to ______


_________________________ _____ year(s) from _______ to ______
_________________________ _____ year(s) from _______ to ______

10. Experience:

This should cover the past ten (10) years of experience. (Attached as many pages as necessary to
show involvement of personnel in projects using the format below).

49
NATIONAL HOUSING AUTHORITY

1. Name : _________________________________________

2. Name and Address of Owner : _________________________________________

3. Name and Address of the


Owner’s Engineer : _________________________________________
(Consultant)

4. Indicate the Features of Project


(particulars of the project
components and any other particular
interest connected with the project) : _________________________________________

5. Contract Amount Expressed in


Philippine Currency : _________________________________________

6. Position : _________________________________________

7. Structures for which the employee


was responsible : _________________________________________

8. Assignment Period : from _______ (months) _______ (years)


: to _______ (months) _______ (years)

___________________________
Name and Signature of Employee

It is hereby certified that the above personnel can be assigned to this project, if the contract is
awarded to our company.

__________________________________ __________________________________
(Place and Date) (The Authorized Representative)

50
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-48


Revised on: August 11, 2004

Qualification of Key Personnel Proposed to be Assigned to the Contract

Business Name : ___________________________________________________


Business Address : ___________________________________________________
___________________________________________________

(For Ex.)
Project Manager / Engineer

1 Name
2 Address
3 Date of Birth
4 Employed Since
5 Experience
6 Previous Employment
7 Education
8 PRC License

Minimum Requirements :
:
:
:

Submitted by : _________________________
(Printed Name & Signature)
Designation : _________________________
Date : _________________________

51
NATIONAL HOUSING AUTHORITY

Standard Form Number: SF-INFR-49


Revised on: August 11, 2004

List of Equipment, Owned or Leased and/or under Purchase Agreements, Pledged to the Proposed Contract

Business Name : ___________________________________________________


Business Address : ___________________________________________________
___________________________________________________

Description Owned/ Leased / Under Model / Year Capacity / Plate No. Motor No. / Location Condition Proof of Ownership/
Purchase Agreement Performance / Size Body No. Lessor or Vendor
1.

2.

3.

4.

5.

6.

7.

8.

9.

10

11.

12.

13.

14.

15.

Submitted by : _________________________

(Printed Name & Signature)


Designation : _________________________
Date : _________________________

52

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