Bulacan State University assumes no responsibility whatsoever to compensate or indemnify bidders for any expenses incurred in the preparation of the bid. Bids will be opened in the presence of the bidders' representatives, who choose to participate at the address below.
Scope of Bid
Source of Funds
Corrupt, Fraudulent, Collusive, and Coercive Practices
Further, BULACAN STATE UNIVERSITY will seek to impose the maximum civil, administrative and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices referred to in Clause 3.1(a) of the ITB -'s. Furthermore, the Funding Source and BULACAN STATE UNIVERSITY reserve the right to inspect and audit the records and accounts of a contractor in bidding for and performing a contract by itself or through independent auditors as reflected in Clause 34 of the GCC.
Conflict of Interest
Relationship of the nature described above or non-compliance with this clause will result in the automatic disqualification of a bidder.
Eligible Bidders
BULACAN STATE UNIVERSITY may also invite foreign bidders when stipulated in a treaty or international or executive agreement as specified in the BDS. The CLC shall be at least ten percent (10%) of the ABC for this project.
Bidder’s Responsibilities
BULACAN STATE UNIVERSITY assumes no responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder from data provided by BULACAN STATE UNIVERSITY. The Bidder shall bear all costs associated with the preparation and submission of its bid, and BULACAN STATE UNIVERSITY shall in no event be responsible or liable for such costs, regardless of the performance or outcome of the bidding process.
Origin of GOODS and Services
It shall be the sole responsibility of the prospective bidder to determine and satisfy such means as it deems necessary or desirable for all matters relating to this project, including: (a) the location and nature of the contract; , project, or work; (b) climatic conditions; (c) transport facilities; (c) the nature and condition of the terrain, geological conditions in the site communication facilities, requirements, location and availability of construction aggregates and other materials, labor, water, electricity and access roads; and (d) other factors that may affect the cost, duration and execution or performance of the contract, project or work. Before submitting their bids, Bidders are deemed to have familiarized themselves with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect the contract in any way.
Subcontracts
The Bidder may identify the subcontractor to whom a portion of the Works will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder elects to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid.
Pre-Bid Conference
Clarification and Amendment of Bidding Documents
Unless otherwise provided in the BDS, it is the responsibility of all Bidders securing the Bidding Documents to consult and secure any supplementary/Bidding Bulletins that may be issued by the BAC. However, bidders who have submitted bids prior to the issuance of the Supplementary/Bid Bulletin must be notified and allowed to amend or withdraw their bids in accordance with ITB Clause 23.
Language of Bids
Documents Comprising the Bid: Eligibility and Technical Components
However, bidders who submitted tenders prior to the issue of the Supplementary/bid bulletin must be informed and allowed to amend or withdraw their tenders in accordance with ITB clause 23. iii.6) contractor's role (whether sole contractor, subcontractor or partner in a JV) and percentage of participation;. iii.7) total contract value at award;. iii.8) date of completion or estimated time of completion;. iii.9) total contract value on completion, if applicable;. iii.10) percentages of planned and actual achievements, if applicable;. iii.11) value of outstanding works, if applicable;. iii.12) the statement will be supported by the notices of award and/or notices to proceed issued by the owners; and (iii.13) the statement will be supported by the Constructors. Organizational chart for the contract to be bid;. ii.2) List of contractor personnel (ie project manager, project engineers, material engineers and foremen), to be assigned to the contract to be bid, with their full qualification and experience data; and. ii.3) List of contractor's equipment units, owned, leased, and/or under purchase agreements, supported by certification of equipment availability from the equipment lessor/vendor for the duration of the project;. iii) Affidavit in accordance with Section 25.2(b)(iv) of the IRR of RA 9184 and using the form prescribed in Section IX.
Documents Comprising the Bid: Financial Component
Organizational chart for the contract to be bid;. ii.2) List of contractor personnel (ie project manager, project engineers, material engineers and foremen), to be assigned to the contract to be bid, with their full qualification and experience data; and. ii.3) List of contractor's equipment units, owned, leased, and/or under purchase agreements, supported by certification of equipment availability from the equipment lessor/vendor for the duration of the project;. iii) Affidavit in accordance with Section 25.2(b)(iv) of the IRR of RA 9184 and using the form prescribed in Section IX. as prevailing market prices, associated with the type of works or goods to be procured. iii) The BULACAN STATE UNIVERSITY trained cost estimators to estimate prices and analyze bid variances. infrastructure projects, the BULACAN STATE UNIVERSITY must also have trained quantity surveyors. iv) The BULACAN STATE UNIVERSITY has established a system to compare bid prices relative to ABC and. engineer/BULACAN STATE UNIVERSITY's estimate. v) The BULACAN STATE UNIVERSITY has established a contract implementation monitoring and evaluation system to provide feedback on actual total cost of goods and works.
Alternative Bids
Bid Prices
All bid prices for the given scope of work in the contract as awarded shall be deemed to be firm prices and therefore not subject to price escalation during the execution of the contract except under extraordinary circumstances as specified in GCC clause 48. Price escalation may occur in extraordinary circumstances are allowed. such circumstances as may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of BULACAN STATE UNIVERSITY.
Bid Currencies
In addition, in cases where the cost of the awarded contract is affected by applicable new laws, ordinances, regulations or other acts of the Republican Party promulgated after the date of bid opening, an adjustment to the contract price will be made or appropriate lighting is provided. applied on a 'no loss-no gain' basis.
Bid Validity
Bid Security
The bid security may be forfeited:. i) withdraws its bid during the validity period of the bid specified in ITB clause 17; ii) does not accept the correction of errors in accordance with ITB clause 27.3(b); iii) failure to submit the requirements within the prescribed period, or a finding against its veracity, as stated in ITB clause 28.2; iv) submission of eligibility requirements that contain false information or forged documents; v) submitting bids containing false information or forged documents, or concealing such information in the bids in order to influence the outcome of the suitability screening or any other stage of the public bidding; vi) permitting the use of one's name, or the use of another's name for the purposes of public bidding; vii) withdrawal of a bid, or refusal to accept an award, or enter into a contract with the government without justifiable reason, after the bidder has been determined to have submitted the lowest calculated and responsive bid; (viii) refusal or failure to provide the required performance security within the prescribed time; ix) refusal to clarify or validate its bid in writing during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification;
Format and Signing of Bids
Sealing and Marking of Bids
If bids are not sealed and marked as required, the BULACAN STATE UNIVERSITY will not accept any responsibility for the misplacement or premature opening of the bids.
Deadline for Submission of Bids
Late Bids
Modification and Withdrawal of Bids
No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the bid validity period specified by the Bidder in the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder's bid bond, pursuant to Clause 18.5 of the ITB, and the imposition of administrative, civil and criminal sanctions as prescribed by RA 9184 and its IRR.
Opening and Preliminary Examination of Bids
Each partner of a joint venture agreement shall also submit the documents required in ITB clauses 12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB clauses 12.1(a)(iii) to 12.1(a)(vi) by any of the joint venture partners is compliance.
Process to be Confidential
In the case of a Qualified Foreign Bidder as described in ITB Clause 5, the Class "A" documents listed in ITB Clause 12.1(a) may be substituted for suitable equivalent documents, if any, issued by that Foreign Bidder's country . If an unsuccessful bidder indicates its intention to file a request for reconsideration, the BAC shall keep the bid envelopes of said unsuccessful bidder unopened and/or properly sealed until the request for reconsideration or protest has been resolved.
Clarification of Bids
Detailed Evaluation and Comparison of Bids
Based on the detailed evaluation of bids, those that meet the above requirements will be ranked in ascending order of their total calculated bid prices, as evaluated and corrected for calculation errors, discounts and other modifications, to identify the lowest calculated bid. The BULACAN STATE UNIVERSITY's evaluation of bids will only be based on the bid price quoted in the Financial Bid Form.
Post Qualification
Reservation Clause
Contract Award
Signing of the Contract
Within ten (10) calendar days of receipt of the award notice, the successful bidder shall post the required performance bond, sign and date the contract and return it to BULACAN STATE UNIVERSITY. BULACAN STATE UNIVERSITY will enter into a contract with the successful Bidder within the same ten (10) calendar day period provided that all documentation requirements are met.
Performance Security
The process is repeated until the lowest calculated and responsive offer to place the order is identified and selected.
Notice to Proceed
Bid Data Sheet
Definitions
The Contract is the contract between BULACAN STATE UNIVERSITY and the Contractor to carry out, complete and maintain the Works. The Contract Price shall be the price stated in the Letter of Acceptance and thereafter payable by BULACAN STATE UNIVERSITY to the Contractor for the execution of the Works in accordance with this Contract.
Interpretation
The Commencement Date, as specified in the SCC, is the date on which the Contractor is required to commence execution of the Work. Temporary works are works designed, constructed, installed and removed by the contractor which are necessary for the construction or installation of the permanent work.
Communications
Possession of Site
The Contractor’s Obligations
The contractor shall carry out all instructions of the BULACAN STATE UNIVERSITY representative complying with the applicable laws where the site is located. The Performance Security shall remain valid until the issuance of the Certificate of Final Acceptance by BULACAN STATE UNIVERSITY.
Site Investigation Reports
The Contractor shall pay liquidated damages to the BULACAN STATE UNIVERSITY for each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages shall not exceed ten percent (10%) of the amount of the contract.
The Procuring Entity, Licenses and Permits
Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of this Contract, BULACAN STATE UNIVERSITY will cancel this contract, without prejudice to other modes of action and legal remedies open to it. If the target completion date is extended after liquidated damages have been paid, the BULACAN STATE UNIVERSITY Engineer will correct any overpayment of liquidated damages by the Contractor by arranging the next payment certificate.
Contractor’s Risk and Warranty Security
All GOP debts in his favor must be set off to cover costs. The warranty against structural defects/defects, other than those caused by force majeure, shall cover the period specified in the SCC, counted from the date of issuance of the Certificate of Final Acceptance by BULACAN STATE UNIVERSITY.
Liability of the Contractor
The surety bond shall be denominated in Philippine Pesos and shall remain valid for one year from the date of issuance of the Certificate of Final Admission by BULACAN STATE UNIVERSITY, and shall be returned only after the said one-year period has elapsed. In the event of structural defects/failures occurring during the applicable warranty period provided for in clause 12.5 of the GCC, BULACAN STATE UNIVERSITY shall undertake the necessary restoration or reconstruction works and shall be entitled to a full refund from the parties who are responsible for the expenses incurred therein. to request, without prejudice, the submission of relevant administrative, civil and/or criminal charges against the responsible persons, as well as the confiscation of the guarantee placed in favor of BULACAN STATE UNIVERSITY.
Procuring Entity’s Risk
Insurance
The above insurance policies should be obtained from any reputable insurance company approved by a representative of BULACAN STATE UNIVERSITY. In the event that the contractor fails to comply with the above protective measures, BULACAN STATE UNIVERSITY may, at the contractor's expense, take any measure it deems necessary to protect itself and the contractor's personnel and third parties, and/or order the termination of the hazardous work.
Termination for Default of Contractor
Due to its own fault, the Contractor is delayed in the delivery of the Work after the expiry of this Contract; or 16.4. a) abandons the contract work, refuses or fails to comply with a valid instruction of the contracting entity, or fails to proceed expeditiously and without delay despite written notice from BULACAN STATE UNIVERSITY; All materials on the Site, Plant, Equipment and Works shall be deemed to be the property of BULACAN STATE UNIVERSITY if this Contract is terminated due to the Contractor's default.
Termination for Default of Procuring Entity
Due to the Contractor's fault and while the project is in progress, it has incurred negative slippage of fifteen percent (15%) or more in accordance with Presidential Decree 1870, whether or not previous warnings and notices have been issued to the Contractor . to improve his performance;.
Termination for Other Causes
If it is prima facie determined by the BULACAN STATE UNIVERSITY that the Contractor, before or during the implementation of the contract, was involved in illegal acts and conduct in relation to contract procurement and implementation, such as, but not limited to, the following: . i) corrupt, fraudulent, collusive, coercive and obstructive practices as defined in ITB Clause 3.19(a), unless otherwise specified in the SCC;. ii) the preparation or use of forged documents;. iii) the use of counterfeit materials, means or methods, or production contrary to the rules of science or trade; and. iv) any other act analogous to the preceding. The Funding Source or the BULACAN STATE UNIVERSITY, as appropriate, will seek to impose the maximum civil, administrative and/or criminal penalties available under applicable law on individuals and organizations deemed to be involved in corrupt, fraudulent or coercive practices.
Procedures for Termination of Contracts
It will notify the contractor in writing of its decision and, unless otherwise stated in the said notification, this contract shall be deemed to be terminated upon receipt of notification of the decision by the contractor. All decisions recommended by the CTRC are subject to the approval of the Head of BULACAN STATE UNIVERSITY.
Force Majeure, Release From Performance
In addition to the suspended sentence, the performance insurance provided by the contractor will also be confiscated.
Resolution of Disputes
9184 and its IRR shall be submitted to arbitration in the Philippines pursuant to the provisions of Republic Act No. The process of arbitration shall be incorporated as a provision in this Agreement to be implemented in accordance with the provisions of the Act and its IRR: Provided, , further, that the parties may, by mutual agreement, agree in writing to use other alternative methods of dispute resolution.
Suspension of Loan, Credit, Grant, or Appropriation
If the Contractor believes that the decision made by the representative of BULACAN STATE UNIVERSITY was outside the authority of the representative of BULACAN STATE UNIVERSITY under this contract, or that the decision was made in error, the decision shall be referred to the arbitrator specified in the SCC within fourteen (14) days from notification of the decision of the BULACAN STATE UNIVERSITY representative. 876, otherwise known as the “Arbitration Act” and Republic Act 9285, otherwise known as the “Alternative Dispute Resolution Act of 2004”: provided, however, that disputes the resolution of which is within the jurisdiction of the Construction Industry Arbitration Commission aforesaid.
Procuring Entity’s Representative’s Decisions
law and this IRR, the parties shall make every effort to resolve such dispute or difference amicably through mutual consultation.
Approval of Drawings and Temporary Works by the Procuring Entity’s Representative
Acceleration and Delays Ordered by the Procuring Entity’s Representative
Extension of the Intended Completion Date
Right to Vary
Contractor's Right to Claim
The approval of the work program by the representative of BULACAN STATE UNIVERSITY shall not alter the contractor's obligations. The contractor may revise the work program at any time and resubmit it to the representative of BULACAN STATE UNIVERSITY.
Bill of Quantities
The BULACAN STATE UNIVERSITY representative shall record the proceedings of Management Conferences and provide copies of the record to those attending the Conference and to BULACAN STATE UNIVERSITY. The responsibility of the parties for actions to be taken will be decided by the BULACAN STATE UNIVERSITY's Representative either at the Management Conference or after the Management Conference and stated in writing to all who attended the Conference.
Instructions, Inspections and Audits
Identifying Defects
The Employer's Representative may direct the Contractor to fault-find and test any work that the Employer's Representative deems to be substandard and defective.
Cost of Repairs
Correction of Defects
Uncorrected Defects
The advance payment is repaid by the contractor with an amount corresponding to the percentage of the total contract sum used for the advance payment. The contractor may reduce its standby letter of credit or guarantee instrument by the amounts repaid by the monthly certificates in the prepayment.
Progress Payments
Advance payment shall be made only upon the presentation and acceptance of an irrevocable standby letter of credit of equivalent value from a commercial bank, bank guarantee, or guarantee revocable on demand issued by surety or insurance and by BULACAN STATE UNIVERSITY. a company duly licensed by the Insurance Commission and endorsed by the BULACAN STATE UNIVERSITY. Items of work for which a price of “0” (zero) has been entered will not be paid for by BULACAN STATE UNIVERSITY and shall be deemed to be covered by other rates and prices in the contract.
Payment Certificates
Retention
Upon completion of all work, the Contractor may replace the retention money with an "on demand" bank guarantee in a form acceptable to BULACAN STATE UNIVERSITY.
Variation Orders
A report of such verification shall be submitted directly to the Head of BULACAN STATE UNIVERSITY or his duly authorized representative. The time frame for the processing of Variation Orders from preparation to approval by the Director of the said BULACAN STATE UNIVERSITY shall not exceed thirty (30) calendar days.
Contract Completion
In the event of a total suspension, or a suspension of activities along the critical path, which is not due to an error on the part of the Contractor, the Contractor will extend the time between the effective order to suspend work and the order to resumption of work, allow by the contract time accordingly.
Payment on Termination
Extension of Contract Time
Extensions of contract time should only be allowed if the activities involved are within the critical path of the PERT/CPM network. The written consent of the Serfs must be attached to any request by the Contractor for an extension of the contract time and submitted to BULACAN STATE UNIVERSITY for consideration. The validity of the performance guarantee will be extended accordingly.
Price Adjustment
No extension of the contract period shall be granted when the justification given in support of the request for extension was already taken into account in the determination of the original contract period during the execution of the detailed design and in the preparation of the contract documents as agreed by the parties before contract perfection. Shortage of construction materials, general labor strikes, and peace and order problems disrupting construction operations through no fault of the contractor may be considered as additional reasons for extending the contract period, provided they are publicly felt and certified by relevant government agencies such as DTI, DOLE, DILG, and DND , among other.
Completion
Taking Over
Special Conditions of Contract
13 If the contractor is a joint venture, "all partners in the joint venture are jointly and severally liable to BULACAN STATE UNIVERSITY.".
SPECIFICATION
Our company, including subcontractors or suppliers for any part of the contract, has the nationality of the following eligible countries: [insert information];. Our company, its subsidiaries or affiliates, including subcontractors or suppliers for any part of the contract, have not been declared ineligible by the Funding Source. h).
