Bidding Documents
Bidding Documents
Bidding Documents
Procurement of
INFRASTRUCTURE
PROJECTS
CONTRACT ID: 24GN0087
CONTRACT NAME: Concreting of Brgy. Binubuhan FMR,
Brgy. Binubuhan, Bago City, Negros Occidental
CONTRACT LOCATION: Bago City, Negros Occidental
Sixth Edition
July 2020
Preface
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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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
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7. Warranty..................................................................................................................29
8. Liability of the Contractor .......................................................................................29
9. Termination for Other Causes .................................................................................29
10. Dayworks ................................................................................................................29
11. Program of Work.....................................................................................................30
12. Instructions, Inspections and Audits .......................................................................30
13. Advance Payment....................................................................................................30
14. Progress Payments ..................................................................................................30
15. Operating and Maintenance Manuals......................................................................30
Section V. Special Conditions of Contract..................................................... 32
Section VI. Specifications ................................................................................ 35
Section VII. Drawings ...................................................................................... 37
Section VIII. Bill of Quantities ....................................................................... 38
Section IX. Checklist of Technical and Financial Documents ..................... 45
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Glossary of
Terms, Abbreviations, and Acronyms
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])
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.
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])
UN – United Nations.
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Section I. Invitation to Bid
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;
The IB should be incorporated into the Bidding Documents. The information contained in
the IB must conform to the Bidding Documents and in particular to the relevant information
in the Bid Data Sheet.
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Republic of the Philippines
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
NEGROS OCCIDENTAL 4TH DISTRICT ENGINEERING OFFICE
REGION VI
Bago City, Negros Occidental
1. The DPWH Neg. Occ. 4th District Engineering Office, Bago City, Neg. Occ., through the D.A.
FMR Project with Sub-Allotment No. SR2024-02-011187 dated February 16, 2024 intends
to apply the sum of Php 14,924,999.11 being the Approved Budget for the Contract (ABC) to
payments under the contract for Contract ID No. 24GN0087 - Concreting of Brgy.
Binubuhan FMR, Brgy. Binubuhan, Bago City, Negros Occidental. Bids received in excess
of the ABC shall be automatically rejected at bid opening.
2. The DPWH Neg. Occ. 4th District Engineering Office, Bago City, Neg. Occ. now invites bids for
the hereunder Procurement Project.
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 DPWH Neg. Occ. 4th District
Engineering Office, Bago City, Neg. Occ. and inspect the Bidding Documents at the address
given below during weekdays from 8:00 AM to 5:00 PM.
5. A complete set of Bidding Documents may be acquired by interested bidders on March 14,
2024 until 9:00 AM of April 2, 2024 from given address and website/s below and upon payment
of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the
GPPB, in the amount of Php 25,000.00. The Procuring Entity shall allow the bidder to present
its proof of payment for the fees in person or through electronic means.
6. The DPWH Neg. Occ. 4th District Engineering Office, Bago City, Neg. Occ. will hold a Pre-Bid
Conference on March 21, 2024 at 10:00 AM at 2nd Floor, BAC Conference Room, DPWH
Neg. Occ. 4th DEO, Bago City, Neg. Occ. and/or through webcasting via YouTube Channel
DPWH Negros Occidental 4th DEO Procurement LS (@DPWH.NegOc4.DEO.), which shall
be open to prospective bidders.
7. Bids must be duly received by the BAC Secretariat through manual submission at the office
address as indicated below and online or electronic submission as indicated below on or
before 10:00 AM April 2, 2024. 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.
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9. Bid opening shall be on April 2, 2024 immediately after deadline of receipt of bids at the
given address below and/or through webcasting via YouTube Channel DPWH Negros
Occidental 4th DEO Procurement LS (@DPWH.NegOc4.DEO.). Bids will be opened in the
presence of the bidders’ representatives who choose to attend the activity.
10. Prospective Bidders should be registered with and classified by the Philippine Contractors
Accreditation Board (PCAB) with PCAB LICENSE Category of C & D for Small B. The
description of an eligible Bidder is contained in the Bidding Documents, particularly Section II
and III of Bidding Documents.
Contractors/applicants who wish to participate in this bidding are encouraged to enroll in the
DPWH Civil Works Application (CWA) at the DPWH Procurement Service (PrS), 5th Floor,
DPWH Bldg., Bonifacio Drive, Port Area, Manila, while those already enrolled shall keep their
records current and updated. The Contractor’s eligibility to bid on the project will be determined
using the DPWH Contractor Profile Eligibility Process (CPEP) and subject to further post-
qualification. Information on registration can be obtained from the PrS during working weekdays
from 7:00 am to 4:00 pm or at the DPWH website www.dpwh.gov.ph.
Bid Proposals may be submitted through an authorized representative who must present a copy
of DPWH Contractor Registration Certificate (CRC), duly issued company ID signed by the
Authorized Managing Officer and two (2) valid government issued identification.
11. The DPWH Neg. Occ. 4th District Engineering Office, Bago City, Neg. Occ. 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.
PAMELA A. SYJUCO
Head, Procurement Unit
DPWH Neg. Occ. 4th District Engineering Office
Brgy. Lag-asan, Bago City, Neg. Occ.
(034) 4611-250
Email Add: dpwhnegocc4thprocurement@gmail.com
MAYO R. PELAGIO
OIC-Assistant District Engineer
BAC Chairperson
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Section II. 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, DPWH Neg. Occ. 4th District Engineering Office, Bago City,
Neg. Occ. invites Bids for the Contract - Concreting of Brgy. Binubuhan FMR, Brgy.
Binubuhan, Bago City, Negros Occidental, with Project Identification Number
24GN0087.
[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.]
2. Funding Information
2.1. The GOP through the source of funding as indicated below for D.A. FMR
Project with Sub-Allotment No. SR2024-02-011187 dated February 16,
2024 in the amount of Php 14,924,999.11.
[If not an early procurement activity, select one and delete others:]
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.
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The Bidder, by the act of submitting its Bid, shall be deemed to have inspected the site,
determined the general characteristics of the contracted Works and the conditions for
this Project, such as the location and the nature of the work; (b) climatic conditions;
(c) transportation facilities; (c) nature and condition of the terrain, geological conditions
at the site communication facilities, requirements, location and availability of
construction aggregates and other materials, labor, water, electric power and access
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.
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.
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.
7. Subcontracts
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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.
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 and/or through
videoconferencing/webcasting as indicated in paragraph 6 of the IB.
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10.1. The first envelope shall contain the eligibility and technical documents of the
Bid as specified in Section IX. Checklist of Technical and Financial
Documents.
10.2. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must
be accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent
office having jurisdiction over the foreign bidder’s affairs in the Philippines.
For Contracting Parties to the Apostille Convention, only the translated
documents shall be authenticated through an apostille pursuant to GPPB
Resolution No. 13-2019 dated 23 May 2019. The English translation shall
govern, for purposes of interpretation of the bid.
10.3. A valid special PCAB License in case of Joint Ventures, 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.
11.2. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.
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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.
a. Philippine Pesos.
15.2. The Bid and bid security shall be valid until one hundred twenty (120) calendar
days from the date set for bid opening. Any bid not accompanied by an
acceptable bid security shall be rejected by the Procuring Entity as non-
responsive.
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.
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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.
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 15 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.
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Section III. Bid Data Sheet
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:
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Bid Data Sheet
ITB Clause
1.0 The Procuring Entity, DPWH Negros Occidental 4th District Engineering
Office, Bago City, Neg. Occ. invites Bids for the Contract ID No. 24GN0087
- Concreting of Brgy. Binubuhan FMR, Brgy. Binubuhan, Bago City,
Negros Occidental.
2.1 The GOP through the source of funding for D.A. FMR Project with Sub-
Allotment No. SR2024-02-011187 dated February 16, 2024 in the amount of
Php 14,924,999.11 (ABC).
4.0 Bidder(s) who cancel(s) approved Order of Payment for buying of Bidding
Documents shall be prohibited grant of the same request on the next
procurement of the Procuring Entity, DPWH Negros Occidental 4th
District Engineering Office, Bago City, Neg. Occ.
5.2 For this purpose, contracts similar to the Project refer to contracts which have
the same major categories of work, which shall be:
The following are the “Similar Categories of Works” that shall be considered in
the evaluation of the work experience required for the contract to be bid:
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.
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10.4 The key personnel must meet the required minimum years of experience set
below:
The key personnel should meet the following number of years’ work experience.
1. The experience means total years of civil works experience (of any nature in
construction and engineering consultancy services)
5. Boom Truck 1
6. Bulldozer 1
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8. Vibratory Roller 10 mt 1
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duly issued by his/her construction firm (signed by the Authorized Managing
Officer) and two (2) valid government issued identification shall be allowed to
purchase and submit/drop bidding documents.
18.1 Bid submission maybe done manually or electronically/online. However,
bidders should only select one mode of submission, either manual or electronic.
The address for receipt of Bids submitted manually is 2nd Floor, BAC
Conference Room, DPWH Neg. Occ. 4th DEO, Bago City, Neg. Occ.
For example, the filename of the attached PDF containing the Official
Receipt of the Contractor with PCAB ID No. 12345, who intends to
participate in the bidding of Contract ID No. 20Z00123 shall be
“12345_20Z00123_OfficialReceipt.pdf”. Further, the e-mail subject
would be “Official Receipt for 20Z00123”.
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2.2 An e-mail shall also be received by a prospective bidder in instances
where their sent e-mail related to Item 1:
a. Has incorrect subject Contract ID, which means that a
corresponding folder with the same Contract ID does not exist in
the eBid Portal;
b. Has no attachment;
c. Has an attachment but is not in the prescribe format;
d. Has more than one (1) attachment; or
e. Was received after the deadline of bid submission.
For the foregoing cases, the prospective bidders should
rectify/correct the noted deficiency/ies to comply with the
requirements under Item 1 for its electronic bid to be accepted.
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in the format <PCAB>_<CONTRACT ID>_Bid (e.g. 12345
20Z00123 Bid).
In case the total file size of the main archive file folder is more than the
allowable size of an attachment per e-mail of the prospective bidder’s e-
mail service provider (e.g. Gmail, Yahoo Mail, Outlook), they shall need
to split its electronic bid into two or more PASSWORD PROTECTED
COMPRESSED ARCHIVE MAIN FILE FOLDERS.
e. The e-mail submitting the prospective bidder’s electronic bid should
have a Subject in the format “Bid Submission for [Insert Contract
ID]” (e.g. “Bid Submission for 20Z00123”).
In case of multiple compressed archive main file folders, it shall be
submitted in multiple e-mails, each with Subject in the format “Bid
Submission [Insert Number of main archive folder]/[Insert total
number of main archive folders]” (e.g. “Bid Submission 1/2 for
20Z00123”and “Bid Submission 2/2 for 20Z00123”.
f. The prospective bidder shall submit its electronic bid to [Insert
dedicated e-mail address] using the prospective bidder’s e-mail address
registered in the Civil Works Application (CWA). In case prospective
bidders are not yet registered, they can use any e-mail address, subject
to the verification of the BAC Secretariat.
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If the electronic bid or file within it was found to be damaged, could not
be extracted or opened, the bid shall be considered “Failed”.
For Joint Venture (JV), the format of PCAB ID to be used by the bidder
in naming their files, folders and archives shall be “JV-<PCAB ID of
the Lead Member>”. For example, if three (3) Contractors with PCAB
ID Nos. 12345 (lead member), 67890, and 24680 entered into a JV, the
PCAB ID they must use is “JV-12345”.
18.2 Bid Corrections or any corrections as well as erasures made in the financial
documents including the discounts offered and the methodology of their
applications must be duly signed or initialled;
19.2 Partial bids are not allowed.
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Section IV. General Conditions of Contract
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.
3. Possession of Site
3.1 The Procuring Entity shall give possession of all or parts of the Site to the
Contractor based on the schedule of delivery indicated in the SCC, which
corresponds to the execution of the Works. If the Contractor suffers delay or
incurs cost from failure on the part of the Procuring Entity to give possession in
accordance with the terms of this clause, the Procuring Entity’s Representative
shall give the Contractor a Contract Time Extension and certify such sum as fair
to cover the cost incurred, which sum shall be paid by Procuring Entity.
3.2 If possession of a portion is not given by the above date, the Procuring Entity
will be deemed to have delayed the start of the relevant activities. The resulting
adjustments in contract time to address such delay may be addressed through
contract extension provided under Annex “E” of the 2016 revised IRR of RA
No. 9184.
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.
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5. Performance Security
5.1. Within ten (10) calendar days from receipt of the Notice of Award from the
Procuring Entity but in no case later than the signing of the contract by both
parties, the successful Bidder shall furnish the performance security in any of
the forms prescribed in Section 39 of the 2016 revised IRR.
5.2. The Contractor, by entering into the Contract with the Procuring Entity,
acknowledges the right of the Procuring Entity to institute action pursuant to
RA No. 3688 against any subcontractor be they an individual, firm, partnership,
corporation, or association supplying the Contractor with labor, materials and/or
equipment for the performance of this Contract.
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.
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.
11.2. 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.
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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
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:
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 The Intended Completion Date is Eighty-Five (85) Calendar Days from
the Effective Date of the Contract.
3.1 The Procuring Entity shall give possession of all or parts of the Site to the
Contractor upon issuance of “Permit to Enter.”
[In case of other structures, such as bailey and wooden bridges, shallow
wells, spring developments, and other similar structures:] Two (2) years
10 a. Dayworks are applicable at the rate shown in the Contractor’s original
Bid.
11.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within ten (10) calendar days upon receipt of the
Notice of Award.
13 The amount of the advance payment shall not exceed 15% of the total
contract price and schedule of payment.
14 Materials and equipment delivered on the site but not completely put in
place shall not be included for payment.
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The “as built” drawings are required to be submitted within seven (7)
calendar days from date the project is 95% accomplished as stated in the
Inspection Report.
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 [insert
amount].
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Section VI. Specifications
Notes on Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically
and competitively to the requirements of the Procuring Entity without qualifying or
conditioning their Bids. In the context of international competitive bidding, the
specifications must be drafted to permit the widest possible competition and, at the same
time, present a clear statement of the required standards of workmanship, materials, and
performance of the goods and services to be procured. Only if this is done will the objectives
of economy, efficiency, and fairness in procurement be realized, responsiveness of Bids be
ensured, and the subsequent task of bid evaluation facilitated. The specifications should
require that all goods and materials to be incorporated in the Works be new, unused, of the
most recent or current models, and incorporate all recent improvements in design and
materials unless provided otherwise in the Contract.
Samples of specifications from previous similar projects are useful in this respect. The use
of metric units is mandatory. Most specifications are normally written specially by the
Procuring Entity or its representative to suit the Works at hand. There is no standard set of
Specifications for universal application in all sectors in all regions, but there are established
principles and practices, which are reflected in these PBDs.
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.
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
35
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.
36
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.]
37
Section VIII. Bill of Quantities
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.
Provisional Sums
38
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.
39
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
40
BILL OF QUANTITIES
Part No. 2 Part Description: ______________ ABC: Php 14,924,999.11
(Columns (1), (2), (3), and (4) are (Columns (5) and (6) are
to be filled up by the Procuring Entity) To be filled up by the Bidders
Pay Description Unit Quantity Unit Price Amount
Item No. (Pesos) (Pesos)
(1) (2) (3) (4) (5) (6)
PART C EARTHWORKS
In words: Pesos In figures: Php
100(1) Clearing and Grubbing ha. 0.46
_________________ ______________
_________________ ______________
In figures: Php
_________________
_________________
In words: Pesos In figures: Php
102(3)a Surplus Rock cu.m. 3,602.58
_________________ ______________
Excavation Soft
_________________ ______________
In figures: Php
_________________
_________________
In words: Pesos In figures: Php
104(2)a Embankment from cu.m. 2,249.40
_________________ ______________
Borrow (Common Soil)
_________________ ______________
In figures: Php
_________________
_________________
In words: Pesos In figures: Php
105(1)a Subgrade Preparation sq.m. 3,570.00
_________________ ______________
(Common Material)
_________________ ______________
In figures: Php
_________________
_________________
In words: Pesos
______________
______________
TOTAL OF PART C
In figures: Php
______________
______________
PART D SUBBASE AND BASE COURSE
In words: Pesos In figures: Php
200(1) Aggregate Subbase cu.m. 758.40
_________________ ______________
Course
_________________ ______________
In figures: Php
_________________
_________________
In words: Pesos
______________
______________
TOTAL OF PART D
In figures: Php
______________
______________
41
BILL OF QUANTITIES
Part No. 3 Part Description: _____________ ABC: Php 14,924,999.11
(Columns (1), (2), (3), and (4) are (Columns (5) and (6) are
to be filled up by the Procuring Entity) To be filled up by the Bidders
Pay Description Unit Quantity Unit Price Amount
Item No. (Pesos) (Pesos)
(1) (2) (3) (4) (5) (6)
PART E SURFACE COURSES
In words: Pesos In figures: Php
311(1)d1 Portland Cement sq.m. 2,550.00
________________ ______________
Concrete Pavement
________________ ______________
(Unreinforced) 0.25 m
In figures: Php
thick, 14 days
________________
________________
In words: Pesos
______________
______________
TOTAL OF PART E
In figures: Php
______________
______________
PART G DRAINAGE AND SLOPE PROTECTION
In words: Pesos In figures: Php
404(1)a Reinforcing Steel kg 1,519.38
_______________ ______________
(Grade 40)
_______________ ______________
In figures: Php
_______________
_______________
In words: Pesos In figures: Php
405(1)b2 Structural Concrete cu.m. 14.21
_______________ ______________
27.58 MPa Class A 14
_______________ ______________
days
In figures: Php
_______________
_______________
In words: Pesos In figures: Php
500(1)a1 Pipe Culverts 610mm l.m. 21.00
_______________ ______________
dia. Class II RCPC
_______________ ______________
In figures: Php
_______________
_______________
In words: Pesos In figures: Php
505(2)a Grouted Riprap Class A cu.m. 845.87
_______________ ______________
_______________ ______________
In figures: Php
_______________
_______________
In words: Pesos
______________
______________
TOTAL OF PART G
In figures: Php
______________
______________
42
BILL OF QUANTITIES
Part No. 4 Part Description: _____________ ABC: Php 14,924,999.11
(Columns (1), (2), (3), and (4) are (Columns (5) and (6) are
to be filled up by the Procuring Entity) To be filled up by the Bidders
Pay Description Unit Quantity Unit Price Amount
Item No. (Pesos) (Pesos)
(1) (2) (3) (4) (5) (6)
PART H MISCELLANEOUS STRUCTURES
In words: Pesos In figures: Php
612(1) Reflectorized sq.m. 140.70
________________ ______________
Thermoplastic
________________ ______________
Pavement Markings
In figures: Php
White
________________
________________
In words: Pesos
______________
______________
TOTAL OF PART H
In figures: Php
______________
______________
In words: Pesos
______________
______________
GRAND TOTAL
In figures: Php
______________
______________
Submitted by:
_____________________________
Position
Name of Bidder
43
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
1. Part No. – Enter the “Part No.” for each section of the BOQ where unit prices are entered.
2. Part Description – Enter the “Part Description” corresponding to the “Part No.”
3. Total Amount – Enter the “Total Amount” in Pesos for all pages having the same “Part
Description”
Total of Amounts
Total of All Amounts in Words:
Pesos
________________________________________________________________________
________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
and _______________________ centavos.
44
Section IX. Checklist of Technical and Financial
Documents
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.
45
Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE
Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages) in
accordance with Section 8.5.2 of the IRR; (Apropos to CWA)
Technical Documents
⬜ (b) 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; (Apropos to
CWA) and
⬜ (c) Statement of the bidder’s Single Largest Completed Contract (SLCC) similar
to the contract to be bid, except under conditions provided under the rules;
(Apropos to CWA) and
⬜ (d) Special PCAB License in case of Joint Ventures and registration for the type
and cost of the contract to be bid; (Apropos to CWA) and
⬜ (e) 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
⬜ (g) Original duly signed Omnibus Sworn Statement (OSS) and if applicable,
Original Notarized Secretary’s Certificate in case of a corporation,
partnership, or cooperative; or Original Special Power of Attorney of all
members of the joint venture giving full power and authority to its officer to
sign the OSS and do acts to represent the Bidder.
Financial Documents
⬜ (h) The prospective bidder’s computation of Net Financial Contracting Capacity
(NFCC). (Apropos to CWA)
46
Class “B” Documents
⬜ (i) 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.
47
Section X. Bid Form
Bid Form for the Procurement of Infrastructure Projects
[shall be submitted with the Bid]
_________________________________________________________________________
BID FORM
Date : _________________
Project Identification No. : _________________
b. We offer to execute the Works for this Contract in accordance with the PBDs;
c. The total price of our Bid in words and figures, excluding any discounts offered
below is: [insert information];
d. The discounts offered and the methodology for their application are: [insert
information];
e. The total bid price includes the cost of all taxes, such as, but not limited to: [specify
the applicable taxes, e.g. (i) value added tax (VAT), (ii) income tax, (iii) local taxes,
and (iv) other fiscal levies and duties], which are itemized herein and reflected in
the detailed estimates,
f. Our Bid shall be valid within the a period stated in the PBDs, and it shall remain
binding upon us at any time before the expiration of that period;
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;
1
currently based on GPPB Resolution No. 09-2020
48
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
j. We understand that you are not bound to accept the Lowest Calculated Bid or any
other Bid that you may receive.
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: ___________________
49
Section XI. Omnibus Sworn Statement
Omnibus Sworn Statement (Revised)
[shall be submitted with the Bid]
_________________________________________________________________________
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:
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;
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized
representative(s) to verify all the documents submitted;
50
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
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.
51
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.
[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]
52
Section XII. Bid Securing Declaration
Bid Securing Declaration Form
[shall be submitted with the Bid if bidder opts to provide this form of bid security]
_________________________________________________________________________
1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid Securing Declaration.
2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of two (2) years upon receipt
of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section
6 of the Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from
receipt of the written demand by the procuring entity for the commission of acts resulting
to the enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and
69.1, except 69.1(f),of the IRR of RA No. 9184; without prejudice to other legal action the
government may undertake.
3. I/We understand that this Bid Securing Declaration shall cease to be valid on the following
circumstances:
a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid, and I/we
have furnished the performance security and signed the Contract.
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].
53
Performance Securing Declaration (Revised)
[if used as an alternative performance security but it is not required to be submitted with the Bid, as it shall
be submitted within ten (10) days after receiving the Notice of Award]
_________________________________________________________________________
2. I/We accept that: I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of one (1) year for the first
offense, or two (2) years for the second offense, upon receipt of your Blacklisting
Order if I/We have violated my/our obligations under the Contract;
3. I/We understand that this Performance Securing Declaration shall cease to be valid
upon:
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].
[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]
54
55