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Republic of the Philippines

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


DAVAO OCCIDENTAL
DISTRICT ENGINEERING OFFICE
REGION XI
Buhangin, Malita, Davao Occidental

BIDDING DOCUMENTS
FOR

PROCUREMENT ID/CONTRACT ID NO.: 24LE0044

CONTRACT NAME: CONSTRUCTION OF ACCESS ROADS LEADING


TO LANULAN FALLS

CONTRACT LOCATION: BRGY. LITTLE BAGUIO, MALITA, DAVAO


OCCIDENTAL

Date of Opening of Bids: May 09, 2024

Start Date for Issuance of Bidding Documents: April 18, 2024


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.

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.

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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

Glossary of Terms, Abbreviations, and Acronyms ....................................6


Section I. Invitation to Bid..........................................................................8
Section II. Instructions to Bidders ............................................................11
1. Scope of Bid.............................................................................................12
2. Funding Information ................................................................................12
3. Bidding Requirements .............................................................................12
4. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ....12
5. Eligible Bidders .......................................................................................13
6. Origin of Associated Goods.....................................................................13
7. Subcontracts .............................................................................................13
8. Pre-Bid Conference .................................................................................13
9. Clarification and Amendment of Bidding Documents ............................14
10. Documents Comprising the Bid: Eligibility and Technical
Components ..................................................................................................14
11. Documents Comprising the Bid: Financial Component ........................14
12. Alternative Bids .....................................................................................15
13. Bid Prices ...............................................................................................15
14. Bid and Payment Currencies .................................................................15
15. Bid Security ...........................................................................................15
16. Sealing and Marking of Bids .................................................................16
17. Deadline for Submission of Bids ...........................................................16
18. Opening and Preliminary Examination of Bids .....................................16
19. Detailed Evaluation and Comparison of Bids .......................................16
20. Post Qualification ...................................................................................17
21. Signing of the Contract ...........................................................................17
Section III. Bid Data Sheet .......................................................................18
Section IV. General Conditions of Contract .............................................27
1. Scope of Contract ....................................................................................28
2. Sectional Completion of Works ..............................................................28
3. Possession of Site ....................................................................................28
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4. The Contractor’s Obligations ..................................................................28
5. Performance Security...............................................................................29
6. Site Investigation Reports ........................................................................29
7. Warranty ..................................................................................................29
8. Liability of the Contractor .......................................................................29
9. Termination for Other Causes .................................................................29
10. Dayworks ...............................................................................................30
11. Program of Work ...................................................................................30
12. Instructions, Inspections and Audits ......................................................30
13. Advance Payment ..................................................................................30
14. Progress Payments ..................................................................................31
15. Operating and Maintenance Manuals .....................................................31
Section V. Special Conditions of Contract ...............................................32
Section VI. Specifications ........................................................................34
Section VII. Drawings ..............................................................................35
Section VIII. Bill of Quantities.................................................................37
Section IX. Checklist of Technical and Financial Documents .................38
Section X. Bidding Forms ………………………………………………..……41

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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.

6
Foreign-funded Procurement or Foreign-Assisted Project – Refers to procurement whose
funding source is from a foreign government, foreign or international financing institution as
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

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Republic of the Philippines
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
DAVAO OCCIDENTAL
DISTRICT ENGINEERING OFFICE
REGION XI
Buhangin, Malita, Davao Occidental

Invitation to Bid for


Contract ID : 24LE0044
Contract Name : CONSTRUCTION OF ACCESS ROADS LEADING TO LANULAN FALLS
Location of Contract: BRGY. LITTLE BAGUIO, MALITA, DAVAO OCCIDENTAL

1. The DPWH Davao Occidental District Engineering Office, Buhangin, Malita,


Davao Occidental, through the Regular Infrastructure Program (2024)- TRIP intends
to apply the sum of Nineteen Million Six Hundred Thousand Pesos Only (Php
19,600,000.00) being the Approved Budget for the Contract (ABC) to payments
under the contract for CID No. 24LE0044 - CONSTRUCTION OF ACCESS
ROADS LEADING TO LANULAN FALLS, BRGY. LITTLE BAGUIO, MALITA,
DAVAO OCCIDENTAL Bids received in excess of the ABC shall be automatically
rejected at bid opening.

2. The DPWH Davao Occidental District Engineering Office, Buhangin, Malita,


Davao Occidental now invites bids for the above Procurement Project. Completion
of the Works is required 96 Calendar Days. 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 DPWH Davao Occidental District
Engineering Office, Buhangin, Malita, Davao Occidental and inspect the Bidding
Documents at the address given below from April 18, 2024 during weekdays from 8:00
AM – 5:00 PM.

5. A complete set of Bidding Documents may be acquired by interested bidders on April 18,
2024– May 09, 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 Twenty-Five Thousand Pesos Only (Php 25,000.00).

6. The DPWH Davao Occidental District Engineering Office, Buhangin, Malita, Davao
Occidental will hold a Pre-Bid Conference1 on April 25, 2024 10:00 AM at Procurement
Conference Room, DPWH Davao Occidental DEO, Buhangin, Malita, Davao Occidental,
which shall be open to prospective bidders.

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7. Bids must be duly received by the BAC Secretariat through (i) manual submission at the
office address as indicated below, (ii) online or electronic submission as indicated below,
or (iii) both on or before May 09, 2024 1:00 PM. 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 May 09,2024 1:00 PM at the Procurement Conference Room,
DPWH Davao Occidental DEO, Buhangin, Malita, Davao Occidental. Bids will be
opened in the presence of the bidders’ representatives who choose to attend the activity.
Late bids shall not be accepted.

10. Bids must be duly received by the BAC Secretariat at the address below for manual
submission or at [email protected] for electronic submission
on or before May 09, 2024 1:00 PM. All bids must be accompanied by a bid security in any
of the acceptable forms and in the amount stated in ITB Clause 18.

11. The DPWH Davao Occidental District Engineering Office, Buhangin, Malita, Davao
Occidental 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:

BAC Chairperson : MICHAEL P. AWA


Address : DPWH – Davao Occidental DEO, Buhangin, Malita, Davao Occidental
Telephone No. : 0998-551-1438
Email Address :

BAC Secretariat Head : EMMA LINDA I. ARAÑO


Address : DPWH - Davao Occidental DEO, Buhangin, Malita, Davao Occidental
Telephone No. : 0910-7704-730

13. You may visit the following websites:

For downloading of Bidding Documents: dpwh.gov.ph

Approved by:

MICHAEL P. AWA
BAC Chairperson

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Section II. Instructions to Bidders

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1. Scope of Bid

The Procuring Entity, DPWH Davao Occidental District Engineering Office,


Buhangin, Malita, Davao Occidental invites Bids for the Project, CONSTRUCTION
OF ACCESS ROADS LEADING TO LANULAN FALLS, BRGY. LITTLE BAGUIO,
MALITA, DAVAO OCCIDENTAL with Project Identification Number Contract ID
24LE0044.

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 Regular
Infrastructure Program (2024)- TRIP in the amount of Php 19,600,000.00.

2.2. The source of funding is:

a. Regular Infrastructure Program (2024)-TRIP

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
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
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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:

a. Subcontracting is allowed.

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 as
indicated in paragraph 8 of the IB.

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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 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.

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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.

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:

a. Philippine Pesos.

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 120 c.d. from the date of the Opening
of Bids. Any bid not accompanied by an acceptable bid security shall be rejected
by the Procuring Entity as non-responsive.

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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

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

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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

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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:

a. RCP – Roads: Construction - PCCP

(1) The following are the “Similar Categories of Works” that shall be
considered in the evaluation of the work experience required for the contract
to be bid:

a. RRP – Roads: Rehabilitation - PCCP


b. RCTP – Roads: Construction – Tunnel – PCCP

(2) The following “Qualifiers” shall be applied to this contract.

a. Must have completed reconstruction and reblocking including base


course covering 50% of the item of work of the project. May include
Airport Runways, taxiways and Aprons.

7.1 Subcontracting is not allowed.

10.3 No further instructions

10.4 The key personnel must meet the required minimum years of experience set
below:
Key Personnel Min. Years Min. Years of Total
of Similar Work Experience
Experience
(Same
Position) (Same Position)
Project Manager 5 years 5 years
Project Engineer 5 years 5 years
Materials 5 years 5 years
Engineer
Safety Officer 5 years 5 years
Foreman 5 years 5 years
First Aider w/ Certificate w/ Certificate of
of Training Training
Others [Specify] [Insert years] [Insert years]

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10.5 1) The minimum major equipment requirements are the following:
Required
Minimum Capacity /
Construction Equipment No. of
Unit
Units
a. Bulldozer (165 Hp), D6H
SERIES II PSDS/DD 1
(CATERPILAR
b. Payloader (1.50 cu.m.) 1 1.50 m’3
LX80-2c (Hitachi)
c. Backhoe (0.80 cu.m.) SE 1 0.80 m’3
130 LC-2 (Samsung)
d. Motorized Road Grader, 1
G710A (Volvo)
e. Vibratory Roller (10 1 10 m.t
m.t.), SD100DC (Single
Smooth Drum Vibratory)
VOLVO
f. Water Truck (1600 L.) 1 16000L.
All Model
g. Transit Mixer (5 cu.m.) 4 5.0 m’3
h. Dump Truck (12 cu.yd) 4 12 cu. Yd.
290HP, All model

2) Laboratory Required No. Minimum


Equipment of Units Capacity/Unit

Please refer to D.O. 11, Series of 2017 for the minimum materials testing
equipment and D.O. 127, Series of 2018, Strict Application of R.A. 9184 in
the conduct of Post-Qualification of Bidders with Delayed On-Going
Contracts with the DPWH.
12 There is no provision for a value engineering change proposal.
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 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 5% of ABC, if bid security is in Surety


Bond.
16 The Bidder shall submit one (1) original and two (2) copies of the first
(Technical) and second (Financial) components of its bid.

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17 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 at the Procurement


Conference Room, DPWH Davao Occidental DEO, Buhangin, Malita, Davao
Occidental. The deadline for receipt of Bids is on May 09, 2024 1:00 P.M.

For bids to be submitted electronically/online, the following procedures


should be observed following D.O. 87-2020:

1. Submission of electronic Official Receipt of purchase of the


Bidding Documents
Prior to the deadline of submission of bids, the prospective bidders shall
send an e-mail with subject “Official Receipt for [Insert Contract ID]”
to [email protected]. Attached to the said
email is the copy of the Official Receipt of purchase of bidding
documents in Portable Document File (PDF) format with file name in
the format “<PCAB ID>_<CONTRACT ID>_OfficialReceipt.pdf”.

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. 24LE0044 shall be
“12345_24LE0044_OfficialReceipt.pdf”. Further, the e-mail subject
would be “Official Receipt for 24LE0044”.

In case a prospective bidder originally intends to join the bidding as a


Joint Venture (referred as “original bidder”), has been issued an
Official
Receipt of purchase of bidding documents and has submitted the

21
electronic Official Receipt, but eventually decided to join the bidding
with new members or as individual contractors (referred as “regrouped
bidder”), or vice-versa, the “regrouped bidder” should purchase a new
bidding document to be issued with the corresponding Official Receipt
in their name and submit the electronic Official Receipt following the
same procedures.

2. Confirmation of the electronically submitted Official Receipt

2.1 An e-mail shall be received by a prospective bidder confirming its


successful submission of the Official Receipt as required under Item
1.

Only the electronic bids of bidders who have successfully


submitted an electronic Official Receipt shall be accepted.

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 prescribed 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.

3. Preparation and submission of an electronic Bid


The prospective bidders shall prepare and submit their bids
electronically following the steps prescribed under with D.O. 87 - 2020
in accordance with GPPB Resolution No. 09-2020 as follows:

a. Following GPPB Resolution No. 09-2020, a bidder has the


option to submit bid electronically. However, If a bidder
chooses to submit an electronic bid, the same bidder can no
longer submit a bid manually for the same contract, and
vice versa.

b. Similar to manual submission, prospective bidders shall prepare


their bids in two (2) file folders, each for the Technical and
Financial Components. The file name of the Technical and
Financial Components folders should be in the format <PCAB
ID>_<CONTRACT_ID>_TECHNICAL and <PCAB

22
ID>_<CONTRACT_ID>_FINANCIAL (e.g. 12345
24LE0044 TECHNICAL, 12345 24LE0044 FINANCIAL).

Subsequently, each of the Technical and Financial Components


file folders shall be COMPRESSED, PASSWORD
PROTECTED and NAMED in the format <PCAB
ID>_<CONTRACT_ID>_TECHNICAL.zip (or .rar/.7z) and
<PCAB ID>_<CONTRACT_ID>_FINANCIAL.zip (or
.rar/.7z), respectively (e.g. 12345 24LE0044 TECHNICAL.zip,
12345 24LE0044 FINANCIAL.zip).

c. Each file contained in the Technical and Financial Components


file folders shall be in PDF format (either scanned or
exported/published), with file name in the format <PCAB
ID>_<CONTRACT ID>_DescriptiveFilename.pdf (e.g.
12345 24LE0044 PCABLicense.pdf, 12345 24LE0044
OmnibusSwornStatement.pdf).

d. The compressed archive file folders of the Technical and


Financial components shall be compiled in a PASSWORD
PROTECTED COMPRESSED ARCHIVE MAIN FILE
FOLDER with filename in the format
<PCAB>_<CONTRACT ID>_Bid (e.g. 12345 24LE0044
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
24LE0044” (e.g. “Bid Submission for 24LE0044”).

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 24LE0044”and “Bid Submission 2/2 for
24LE0044”.

f. The prospective bidder shall submit its electronic bid to


www.dpwh.gov.ph. 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.

23
4. Modification of an electronic bid

If a bidder wishes to modify its electronic bid, he may do so


following the procedures in the manual submission of bid or he
may choose to submit his modification electronically in the same
format prescribed in the preparation and submission of an
electronic bid, except that the subject of the e-mail submitting
the bid modification shall be labelled “Bid Modification X for
<Contract ID>”, where “X” represents the number of bid
modification submitted. For example, the subject of an e-mail
submitting a first bid modification for Contract ID No.
24LE0044 should be “Bid Modification 1 for 24LE0044".

5. Non-participation in the Bidding

In case a prospective bidder that have purchased a bidding


document decided not to participate, he may choose to submit
his letter of non-participation manually or electronically. In case
of electronic submission, the contractor shall send an e-mail with
the Subject “Non-participation for <Contract ID>” with the letter
of non-participation as attachment with file name “<PCAB
ID>_<CONTRACT ID>_Non-Participation.pdf”. This e-mail
should be sent to www.dpwh.gov.ph. before the deadline for bid
submission.

6. Withdrawal of Electronic Bid

Bids may only be withdrawn prior the deadline for bid submission.
In case of withdrawal of an electronic bid, the bidder shall send an
e-mail with the subject “Bid Withdrawal for <Contract ID>” and
the letter of bid withdrawal in pdf format with filename “<PCAB
ID>_<CONTRACT
ID>_BidWithdrawal.pdf” shall be attached. This e-mail should be
sent to www.dpwh.gov.ph. before the deadline for bid submission.

7. Opening of the electronic bid

Only during the actual opening of bids shall the bidder disclose the
passwords for his electronic bid. This can be done by the bidder’s
authorized representative verbally in person, through phone call,
online platforms (e.g. videoconferencing, webcasting), or through
writing. In all cases, the bidders will have only three (3) attempts or
fifteen (15) minutes, whichever comes first, to provide the correct
password. Otherwise, the bidder shall be disqualified except in
unforeseen justifiable circumstances. The bidder may also be
subjected to the three-

24
strike policy (D.O. 17, Series of 2015) as warranted by the
circumstances.

If the bidder chooses to disclose the password through phone call, he


should make sure that the contact numbers as recorded in the Civil
Works Application are open when the BAC calls to ask for the
password. The bidder may also choose to call the BAC number [to
be announced] during the bid opening time and wait for the opening
of his bid for him to disclose the password. For online call/video
calls, the bidder may call the BAC Messenger/Skype account [to be
announced].

If the bidder chooses to attend the bid opening through online


conference, the bidder should join the meeting using the following
link [to be announced].

If the bidder chooses to disclose the passwords through writing, the


letters for password 1 (Main File Folder/Technical Component File
Folder) and password 2 (Financial Component File Folder) should
be enclosed in separate envelopes with the sender details (AMO,
Bidder Name, Address) addressed to the BAC Chairperson, with the
details of the bidding (Contract ID, Contract Name, Bid Opening
Date and Time), signed and sealed, with a remark “Password [ Insert
1 or 2]. Do not open before actual bid opening date and time”.

All electronic bids (Password protected compressed archive main


file folder/s) shall be opened first for the opening of the Technical
Component compressed archive file folder/s. This shall be followed
by the opening of the bids submitted manually for the opening of the
Technical Component Envelopes. The same procedures apply for the
Financial Component compressed archive file folder/s and financial
component envelopes.

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”.

If the electronic bid is not password-protected or is not in the


required format, the bid shall still be accepted provided that the
bidder acknowledges such condition. The BAC shall assume no
responsibility for the misplacement of the contents of the contents of
the improperly sealed or marked bid, or improperly compressed or
password-protected folder, or for its premature opening.

8. File name convention in case of a Joint Venture Bidder

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-

25
<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
“JV12345”.

19.2 Partial bids are not allowed.

20 “No further instruction.”


21 “No further instruction.”

26
Section IV. General Conditions of Contract

27
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
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.

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.

28
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

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
R.A. 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

29
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

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.

30
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.
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.

31
Section V. Special Conditions of Contract

32
Special Conditions of Contract
GCC Clause
2 The Intended Completion Date is Ninety Six (96) calendar days.

3.1 The Procuring Entity shall give possession of the Site to the Contractor
upon the receipt of the Notice to Proceed.

6 The Site Investigation Reports are: None

7.2 Semi-Permanent Structures: Five (5) years.


Buildings of types 1 (wooden), 2(wood with 1 hour fire resistance), and 3
(masonry and wood construction), concrete roads, asphalt roads, river
control, drainage, irrigation and drainage canals, municipal ports and river
landing, deep wells, rock causeway, pedestrian overpass, and other similar
structures.
10 No dayworks are applicable to the contract.

11.1 “No further instruction.”

11.2 “No further instruction.”

13 The amount of the advance payment is 15% of the Contract Price to be


recouped by deducting fifteen (15%) from the periodic progress billing.
14 Materials and equipment delivered on the site but not completely put in
place shall be included for payment.

15.1 “No further instruction.”

15.2 “No further instruction.”

31
Section VI. Specifications

1. DPWH Standards

The DPWH Standard Specifications for Public Works and Highways (“Blue
Book”) shall be the main basis for the standards and codes to be met by the goods
and materials to be furnished and work performed or tested for the Contract. In
particular, Volume II of the Blue Book shall be used if the Contract pertains to
Highways, Bridges and Airports. Volume III of the Blue Book shall be used if the
Contract pertains to Buildings, Flood Control and Drainage, or Water Supply. The
Blue Book incorporates standards of the American Association of State Highway
and Transportation Officials (AASHTO), American Society for Testing and
Materials (ASTM), and American Concrete Institute (ACI), among others,
pertaining to construction.

The Procuring Entity shall use the Standard Pay Items per Department Order 143
Series 2017 in the Project and Contract Management Application (PCMA) in
drawing up the Specifications.

2. Modifications of Standards

2.1 Modifications of and additions to standards and codes as stated in the DPWH
Standard Specifications for Public Works and Highways, if any, shall be
included in the enclosed Supplemental Specifications, which is part of these
Bidding Documents.

2.2 Entries in the Supplemental Specifications are numbered to coincide with the
numbering of items in the DPWH Standard Specifications for Public Works
and Highways.

32
Section VII. Drawings
Please see attached Plans/Drawings

33
Section VIII. Bill of Quantities
Please see attached BOQ

36
Section IX. Checklist of Technical and
Financial Documents

37
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 and laboratory equipment,
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

38
⬜ (k) 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
⬜ (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.

39
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------------------------------------

Section X. Bidding Forms


GPPB Resolution No. 16-2020, dated 16 September 2020 Bid Form

GPPB Resolution No. 16-2020, dated 16 September 2020 Omnibus Sworn Statement

GPPB Resolution No. 16-2020, dated 16 September 2020 Bid Securing Declaration

GPPB Resolution No. 16-2020, dated 16 September 2020 Performance Securing Declaration

DPWH-INFR-10 Form Of Bid Security: Bank Guarantee


DPWH-INFR-11 Form Of Bid Security: Irrevocable Letter Of Credit
DPWH-INFR-13 Contractor’s Organizational Chart For The
Contract
DPWH-INFR-14 List Of Contractor’s Key Personnel To Be
Assigned To The Contract, With Their
Qualification Data
DPWH-INFR-15 List Of Contractor’s Major Construction And
Laboratory Equipment Units To Be Assigned To
The Contract, Supported By Certifications Of
Availability
DPWH-INFR-19 Cash Flow By Quarter
DPWH-INFR-43 Performance Security: Irrevocable Letter Of
Credit
DPWH-INFR-44 Performance Security: Bank Guarantee
DPWH-INFR-45 Construction Methods Outline Of Narrative
Description
DPWH-INFR-46 Construction Schedule
DPWH-INFR-47 Manpower Schedule
DPWH-INFR-48 Major Equipment Utilization Schedule
DPWH-INFR-49 Contractor’s Construction Safety And Health
Program

40
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------------------------------------
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 a 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 the allowable forms of Performance Security, subject to the terms
and conditions of issued GPPB guidelines1 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;

GPPB Resolution No. 09-2020

41
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.

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: ___________________

GPPB Resolution No. 09-2020

42
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------------------------------------

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;)];

GPPB Resolution No. 09-2020

43
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;

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].

GPPB Resolution No. 09-2020

44
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]

GPPB Resolution No. 09-2020

45
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
---------------------------------------------------------------------------------------------------------------
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/We 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
GPPB Resolution No. 09-2020

46
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
-----------------------------------------------------------------------------------------------------------
[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]
FORM OF BID SECURITY: BANK GUARANTEE

WHEREAS, ___Name of Bidder__, hereinafter called “the Bidder,” has submitted its bid dated
_______ for the ___Contract ID and Name , hereinafter called “the Bid.”

KNOW ALL MEN by these presents that We, __Name of Bank of __Name of Country , having our
registered office at ________________________, hereinafter called “the Bank,” are bound unto __Name
of Procuring Entity , hereinafter called “the Entity,” in the sum of ________amount in words and
figures________ for which payment well and truly to be made to the said Entity the Bank binds itself, its
successors and assigns by these presents.

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

THE CONDITIONS of this obligation are that:

1) if the Bidder withdraws the Bid during the period of bid validity specified in the Form of
Bid; or

2) if the Bidder does not accept the correction of arithmetical errors of its bid price in
accordance with the Instructions to Bidder; or

3) if the Bidder having been notified of the acceptance of the Bid and award of contract to it
by the Entity during the period of bid validity:

a) fails or refuses to submit the requirements for and to execute the Form of Contract
in accordance with the Instructions to Bidders, if required; or

b) fails or refuses to furnish the Performance Security in accordance with the


Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of its first written demand, without
the Entity having to substantiate its demand, provided that in its demand the Entity will note that the
amount claimed by it is due to the occurrence of any one or combination of the three (3) conditions stated
above.

The Guarantee will remain in force up to a period of _______________ days from the opening of bids as
stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to
the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank within the
said period.

Name and Signature of Bank’s Authorized Signatory Date: _________________ Position


----------------------------------------------------------------------------------------------------------------------
DPWH-INFR-10-2016 Page 1 of 1

47
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
-----------------------------------------------------------------------------------------------------------
FORM OF BID SECURITY: IRREVOCABLE LETTER OF CREDIT

Date of Issuance

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

Irrevocable Letter of Credit No. ______


For: Contract ID and Name____________________________

WHEREAS, Name of Bidder , hereinafter called the “Bidder,” has undertaken to


submit to you a bid for the abovestated Contract, and whereas you have stipulated in the
Instructions to Bidders for the said Contract that the Bidder shall furnish you with an
irrevocable standby Letter of Credit for a sum specified therein as Bid Security for the faithful
compliance of the obligations of the Bidder:

WHEREAS, the Conditions of this obligation are that:

4) if the Bidder withdraws the Bid during the period of bid validity specified in the
Form of Bid; or

5) if the Bidder does not accept the correction of arithmetical errors of its bid price
in accordance with the Instructions to Bidder; or

6) if the Bidder, having been notified of the acceptance of the Bid and award of
contract to it by the Entity during the period of bid validity:

c) fails or refuses to submit the requirements for and to execute the Form of
Contract in accordance with the Instructions to Bidders; or

d) fails or refuses to furnish the Performance Security in accordance with


the Instructions to Bidders;

we undertake to pay to the Entity up to the above amount upon receipt of its first written
demand, without the Entity having to substantiate its demand, provided that in its demand the
Entity will note that the amount claimed by it is due to the occurrence of any one or
combination of the three (3) conditions stated above.

WHEREAS, we have agreed to guarantee this obligation of the Bidder.

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-11-2016 Page 1 of 2

48
THEREFORE, we hereby affirm that we are guarantors and responsible to you, on behalf of
the Bidder, up to the total amount of amount of guarantee and we undertake to pay
you, upon first written demand declaring the Bidder to be in default under the Instructions to
Bidders and without cavil or argument, any sum or sums within the limits of _amount of
guarantee as aforesaid, without you needing to prove or show grounds or reasons for
your demand for the sum specified therein.

This irrevocable guarantee is valid until one hundred twenty (120) calendar days after the date of
opening of bids for the said Contract on date__.

This certification is being issued in favor of the said Bidder in connection with your
requirements of the bidding for the said Contract. We are aware that any false statements
issued by us make us liable to perjury.

Name and Signature of Authorized Financing Institution


Official Designation

Concurred by:

Name and Signature of Bidder’s Authorized Representative


Official Designation

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-11-2016 Page 2 of 2

49
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:

CONTRACTOR’S ORGANIZATIONAL CHART FOR THE CONTRACT

Submit a copy of the Organizational Chart that the Contractor intends to use to execute the
Contract if awarded to it. Indicate in the chart the names of the Project Manager, Project
Engineer, Structural Engineer, Materials and Quality Control Engineer, Foremen, and
other Key Personnel, as required in the Instructions to Bidders (Bid Data Sheet). Include
SubContractors, if any.

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

Name and Signature of Bidder’s Representative Date: _____________


Position Name of Bidder

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-13-2016 Page 1 of 1

50
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:

LIST OF CONTRACTOR’S KEY PERSONNEL TO BE ASSIGNED TO THE


CONTRACT, WITH THEIR QUALIFICATION DATA

Date of Issuance

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

Dear Sir/Madame:

Supplementing our Organizational Chart for the abovestated Contract, we submit, and certify as
true and correct, the following information:

1. We have engaged the services of the following key personnel to perform the duties of
the positions indicated in the abovestated Contract if it is awarded to us:

Proposed Position (as Name Years of Experience


applicable) Total (Similar Similar
and Related) Position
Project Manager
Project Engineer
Materials Engineer
Construction Safety Officer
Foreman
Others (specify)

2. We submit the enclosed Curriculum Vitae and Affidavits of Commitment to Work on


the Contract of these key personnel.

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

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

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-14-2016 Page 1 of 2

51
5. We understand that any violation of the abovestated conditions shall be a sufficient
ground for us to be disqualified from this Contract and future biddings of the DPWH.

Very truly yours,

Name and Signature of Bidder’s Authorized Representative

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-14-2016 Page 2 of 2

52
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:

PERFORMANCE SECURITY: IRREVOCABLE LETTER OF CREDIT

Date: ______________

Name of Head of Procuring Entity Position Name of Procuring Entity Address Fax Number

Subject: Irrevocable Letter of Credit No. ______________


For _____Contract ID and Name____________

WHEREAS, __Name of Contractor__, hereinafter called “Contractor,” has undertaken to enter


into a contract with you to execute ___Contract ID and Name____, and whereas you have
stipulated in the said Contract that the Contractor shall furnish you with an irrevocable standby
Letter of Credit for a sum specified therein as Performance Security for the faithful compliance
of the Contractor’s obligations in accordance with the Contract.

WHEREAS, we have agreed to guarantee this obligation by the Contractor.

THEREFORE, we hereby affirm that we are guarantors and responsible to you, on behalf of the
Contractor, up to the total amount of _____amount of guarantee______ and we undertake to pay
you, upon first written demand declaring the Contractor to be in default under the Contract and
without cavil, or argument, any sum or sums within the limits of ___amount of guarantee__ as
aforesaid, without you needing to prove or to show grounds or reasons for your demand for the
sum specified therein.

The right to institute action on this guarantee pursuant to Act No. 3688 of any individual, firm,
partnership, corporation and association supplying the Contractor with labor and materials for the
prosecution of the works is hereby acknowledged and confirmed.

This irrevocable guarantee is valid until the issuance by you of the Certificate of Acceptance of
the completed Contract works after the end of the one-year Defects Liability Period of the
Contract and upon the submission of the required Warranty Security.

This certification is being issued in favor of the said Contractor in connection with the
requirements of the bidding by your office for the abovementioned contract. We are aware that
any false statements issued by us make us liable for perjury.

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-43-2016 Page 1 of 2

53
Name and Signature of Authorized : _______________________
Financing Institution Officer : _______________________
Official Designation : _______________________

Concurred By:

Name and Signature of Contractor’s : _______________________


Authorized Representative : _______________________
Official Designation : _______________________

Note:
The amount committed should be machine validated.

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES) CITY


OF __________________) S.S.

SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20___, affiant
exhibiting to me his/her [insert Government ID No. ______] issued on _________________ at
_____________________, Philippines.

Notary Public
Until 31 December 20____
PTR No._______________
Issued at:_______________
Issued on:_______________
TIN No. ________________
Doc. No. _______
Page No. _______
Book No. _______
Series of _______.

------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-43-2016 Page 2 of 2

54
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:

PERFORMANCE SECURITY: BANK GUARANTEE

To : Name of Head of the Procuring Entity Address

WHEREAS, _______Name and Address of Contractor_______, hereinafter called “the


Contractor,” has undertaken to enter into a contract with you to execute __Contract ID and Name_,
hereinafter called “the Contract;”

WHEREAS, you have stipulated in the said Contract that the Contractor shall furnish you with a Bank
Guarantee by a recognized bank for the sum specified therein as Performance Security for compliance
with his obligations in accordance with the Contract; and

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

NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of amount of guarantee, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of amount of guarantee as
aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum
specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us
with the demand.

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

The right to institute action on this guarantee pursuant to Act No. 3688 of any individual, firm, partnership,
corporation and association supplying the Contractor with labor and materials for the prosecution of the
works is hereby acknowledged and confirmed.

This guarantee shall be valid until the date of issuance to the Contractor of your Certificate of Acceptance
of the completed Contract works after the end of the one-year Defects Liability Period of the Contract and
upon the submission of the required Warranty Security.

SIGNATURE AND SEAL OF THE GUARANTOR_________________________________

NAME OF BANK _________________________________

ADDRESS _________________________________

DATE _________________________________
------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-44-2016 Page 1 of 1

55
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:

CONSTRUCTION METHODS OUTLINE OF NARRATIVE DESCRIPTION

1.0 INTRODUCTION

Refer to the Bidding Documents and related materials.

2.0 BRIEF DESCRIPTION OF CONTRACT WORKS

State the general features of the contract works. Use tables and drawings as necessary.

3.0 CONSTRUCTION METHODS AND PROCEDURES

3.1 Methodology or General Approach

State the general approach in construction in terms of the use of equipment-


intensive or labor-based methods, any special techniques, methods or procedures
to ensure completion on time and quality of the materials, workmanship, and
completed structure, according to the approved specifications and drawings/plans.

3.2 Program of Work

Progress bar chart with S-curve of activities in the contract works.

3.3 Financial Program

Cash flow schedule, provision for working capital, schedule of receipts, etc.

Submitted by:

Name and Signature of Bidder’s Representative Date: _____________


Position Name of Bidder

--------------------------------------------------------------------------------------------------------------------------------------------
DPWH-INFR-45-2016 Page 1 of 1

56
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:

CONTRACTOR’S CONSTRUCTION SAFETY AND HEALTH PROGRAM

Date

To: Name of the Head of the Procuring Entity


Address

Pursuant to the provisions of Section 37.2.3 of the Implementing Rules and Regulations of
Republic Act No. 9184 and in accordance with the provisions of Department Order No. 129,
series of 2014, of the Department of Public Works and Highways (DPWH) and the provisions of
the Memorandum dated 17 July 2014 of the Department of Labor and Employment (DOLE), we
hereby submit to you, as part of the contract documents for the abovementioned contract awarded
to us, our Construction Health and Safety Program which, once approved by the DPWH and
concurred in by the DOLE Regional Office concerned, shall be implemented by us for the said
contract.

1. Construction Safety and Health Committee: State the composition of the


Contractor’s Construction Safety and Health Committee, if one has been formed.
Otherwise, state an undertaking of the Contractor to organize such committee and
appoint its members before the start of construction work at the project site.

2. Specific Safety Policies: State the specific safety policies which the Contractor
undertakes to observe and maintain in its construction site, including the frequency of
and persons responsible for conducting toolbox and gang meetings.

3. Penalties and Sanctions: State the penalties and sanctions for violations of the
Construction Safety and Health Program.

4. Training: State the frequency, content and persons responsible for orienting,
instructing, and training all workers at the site with regard to the Construction Safety
and Health Program under which they operate.

5. Waste Disposal: State the manner of disposing waste arising from the
construction.

Submitted by:

Name and Signature of Authorized Officer of the Bidder Position

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DPWH-INFR-49-2016 Page 1 of 1

57
Department of Public Works and Highways

Contract ID:
Contract Name:
Location of the Contract:
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]
_________________________________________________________________________
REPUBLIC OF THE PHILIPPINES)
CITY OF _____________________ ) S.S.

PERFORMANCE SECURING DECLARATION

Invitation to Bid: [Insert Reference Number indicated in the Bidding Documents] To: [Insert
name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, to guarantee the faithful performance
by the supplier/distributor/manufacturer/contractor/consultant of its obligations under the
Contract, I/we shall submit a Performance Securing Declaration within a maximum period of ten
(10) calendar days from the receipt of the Notice of Award prior to the signing of the Contract.

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:

a. issuance by the Procuring Entity of the Certificate of Final Acceptance, subject to the
following conditions:
i. Procuring Entity has no claims filed against the contract awardee;
ii. It has no claims for labor and materials filed against the contractor; and
iii. Other terms of the contract; or

b. replacement by the winning bidder of the submitted PSD with a performance security in
any of the prescribed forms under Section 39.2 of the 2016 revised IRR of RA No. 9184 as
required by the end-user.

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

[Insert NAME OF BIDDER OR ITS


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

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

GPPB Resolution No. 16-2020, dated 16 September 2020

58

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