Bulacan State University assumes no responsibility to compensate or indemnify bidders for any expenses incurred in the preparation of the bid. Government-Owned or Government-Controlled Corporations (GOCCs) may be eligible to participate only if they can demonstrate that (a) they are legally and financially independent, (b) they operate in accordance with commercial law, and (c) they are not affiliated agencies of a STATE UNIVERSITY BULACAN. a) The Bidder must have experience in completing a Single Largest Completed Contract (SLCC) similar to this project, corresponding to at least fifty percent (50%) of the ABC, adjusted by the Bidder to current pricing as necessary. using the Consumer Price Index of the Philippine Statistics Authority (PSA).
Bidder’s Responsibilities
Failure to comply with any of the above obligations is at the risk of the bidder concerned. BULACAN STATE UNIVERSITY assumes no responsibility regarding erroneous interpretations or conclusions by the prospective or qualified bidder from data provided by BULACAN STATE UNIVERSITY.
Origin of Goods and Services
However, BULACAN STATE UNIVERSITY shall ensure that all information in the tender documents, including supplementary/bid bulletins, is correct and consistent. The Bidder should note that BULACAN STATE UNIVERSITY will only accept bids from those who have paid the applicable fee for the Bid Documents at the office specified in the invitation to bid.
Subcontracts
Before submitting their bids, the bidders are deemed to have become familiar with all existing laws, decrees, ordinances, laws and regulations of the Philippines which may affect the contract in any way. 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.
Contents of Bidding Documents 9. Pre-Bid Conference
Clarification and Amendment of Bidding Documents
Supplementary/bid bulletins may also be issued at the BULACAN STATE UNIVERSITY's initiative for purposes of clarifying or amending any provision of the bid documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. It shall be the responsibility of all Bidders who have properly secured the Bidding Documents to inquire and secure any supplementary/bid bulletins that may be issued by the BAC.
Preparation of Bids 11. Language of Bids
- Documents Comprising the Bid: Eligibility and Technical Components
- Documents Comprising the Bid: Financial Component
- Alternative Bids
- Bid Prices
- Bid Currencies
- Bid Validity
- Bid Security
- Format and Signing of Bids
- Sealing and Marking of Bids
Declaration of the bidder's SLCC corresponding to the contract to be bid for, in accordance with ITB clause 5.4. Unless otherwise specified in the BDS, payment of the Contract Price shall be made in Philippine pesos.
Submission and Opening of Bids 21. Deadline for Submission of Bids
Late Bids
Bid envelopes not properly sealed and marked as required in the bid documents shall not be rejected, but the Bidder or his duly authorized representative shall acknowledge such condition of the bid as submitted. The BAC or the BULACAN STATE UNIVERSITY will not accept any responsibility for the misplacement of the contents of the improperly sealed or marked bid, or for its premature opening.
Modification and Withdrawal of Bids
No bid may be withdrawn during the period between the bid submission deadline and the expiry of the bid validity period as indicated by the Bidder on the Financial Bid Form. Withdrawal of a bid during this period will result in the forfeiture of the Bidder's bid security, in accordance with ITB clause 18.5, and the imposition of administrative, civil and criminal penalties as prescribed by RA 9184 and its IRR.
Opening and Preliminary Examination of Bids
The read summary of bids and minutes of bid opening are available to the public upon written request and payment of a specified fee to reimburse the cost of materials. The notice will be issued within seven (7) calendar days from the date of bid opening.
Evaluation and Comparison of Bids 25. Process to be Confidential
Clarification of Bids
Based on the detailed evaluation of bids, those that comply with the above requirements shall be ranked in ascending order of their total calculated bid prices, as evaluated and corrected for calculation errors, discounts and other changes, to identify the lowest calculated bid. . BULACAN STATE UNIVERSITY's evaluation of bids shall be based on the bid price indicated in the Bid Form, which includes the Bill of Quantities.
Post Qualification
When applicable, the BAK will conduct a post-qualification of the Bidder with the next Lowest Calculated Bid. A request for reconsideration may be submitted by the Bidder to the Principal of the BULACAN STATE UNIVERSITY pursuant to Section 37.1.3 of the IRR of RA 9184.
Reservation Clause
If the project is no longer necessary as determined by the Head of the BULACAN STATE UNIVERSITY; and. iii). If the source of funds for the project has been withheld or reduced through no fault of the BULACAN STATE UNIVERSITY.
Award of Contract 30. Contract Award
- Signing of the Contract
- Performance Security
- Notice to Proceed
- Protest Mechanism
Within ten (10) calendar days from receipt of the Notice of Award, the successful Bidder shall post the required performance security, sign and date the contract and return it to the BULACAN STATE UNIVERSITY. Within seven (7) calendar days from the date of approval of the Contract by the appropriate government approval authority, the BULACAN STATE UNIVERSITY will issue the Notice to Proceed (NTP) together with a copy or copies of the approved contract to the successful Bidder.
Bid Data Sheet
Note: Any document missing from the above eligibility documents is a basis for complete rejection of the offer. The key personnel mentioned in the bid proposal must be committed to the project from the start date of the contract until its termination.
Definitions
Interpretation
A representative of BULACAN STATE UNIVERSITY will provide guidance to clarify questions about the terms of the contract. Where partial completion is specified in the SCC, references in the Contract Conditions to the Works, Completion Date and Scheduled Completion Date refer to any part of the Works (other than references to the Completion Date and Scheduled Completion Date for the whole of the Work).
Governing Language and Law
Communications
Possession of Site
The Contractor shall bear all costs and expenses for special or temporary right-of-way required by him in connection with access to the Site. The Contractor shall also, at his own expense, provide any additional off-Site facilities required by him for the purposes of the Works.
The Contractor’s Obligations
The Contractor shall submit to BULACAN STATE UNIVERSITY for consent the name and particulars of the person authorized to receive instructions on behalf of the Contractor. BULACAN STATE UNIVERSITY may change the schedule of other contractors and shall notify the contractor of any such change thereof.
Performance Security
If anything of historical or other significance or significant value is unexpectedly discovered on the site, it shall become the property of BULACAN STATE UNIVERSITY. The Contractor will notify the representative of BULACAN STATE UNIVERSITY of such discoveries and follow the instructions of the representative of BULACAN STATE UNIVERSITY in dealing with them.
Subcontracting
The Contractor shall cause the extension of the validity of the performance bond to cover the approved contract extensions. Except as otherwise indicated in the SCC, the Contractor, by entering into the contract with BULACAN STATE UNIVERSITY, acknowledges the right of BULACAN STATE UNIVERSITY to take action pursuant to Act 3688 against any subcontractor whether an individual, firm, partnership, corporation, or association that supplies the Contractor with work, materials and/or equipment for the implementation of this Contract.
Liquidated Damages
The total amount of compensation must not exceed ten percent (10%) of the contract amount. If the intended completion date is extended after penalty is paid, the BULACAN STATE UNIVERSITY Engineer shall correct any liquidation overpayment by the contractor by adjusting the next payment certificate.
Site Investigation Reports
The Contractor shall pay compensation to BULACAN STATE UNIVERSITY for each day that the completion date is later than the intended completion date. When the accumulated damages amount reaches ten percent (10%) of the amount of this contract, BULACAN STATE UNIVERSITY may terminate or terminate this contract without prejudice to other remedies and remedies available under the circumstances.
The Procuring Entity, Licenses and Permits
The applicable contractual damages shall be at least one-tenth (1/10) of the cost of the uncompleted work for each day of delay.
Contractor’s Risk and Warranty Security
Any debt owed by the GoP in his favor must be set off to cover the 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
Procuring Entity’s Risk
Insurance
Such documentation and policies shall be provided to BULACAN STATE UNIVERSITY through BULACAN STATE UNIVERSITY's representative. The above insurances must be obtained from any reputable insurance company approved by the representative of BULACAN STATE UNIVERSITY.
Termination for Default of Contractor
Termination for Default of Procuring Entity
Termination for Other Causes
BULACAN STATE UNIVERSITY if this Contract is terminated due to the Contractor's default. will then accrue to the BULACAN STATE UNIVERSITY and/or the Contractor. In the event of insolvency of the Contractor, all Contractor Equipment that BULACAN STATE UNIVERSITY orders in the notice shall be used until the completion of the Works;
Procedures for Termination of Contracts
It shall send a written notice to the contractor of its decision and, unless otherwise specified in said notice, this contract shall be deemed terminated from the contractor's receipt of the decision notice. All decisions recommended by the CTRC must be approved by the Head of BULACAN STATE UNIVERSITY.
Force Majeure, Release From Performance
In the absence of the CPES assessment sheet, the existing performance monitoring system of the contracting authority will be applied. The net balance due will be paid or refunded within a reasonable time from the time of cancellation.
Resolution of Disputes
If the event lasts for eighty-four (84) days, either party may thereafter give notice effective twenty-eight (28) days after the notice is given. Upon termination, the Contractor shall be entitled to payment of the unpaid amount of the value of the works performed and the materials and equipment reasonably delivered to the site, adjusted by the following: a) any amount to which the Contractor is entitled under Article 28 of the GCC;.
Suspension of Loan, Credit, Grant, or Appropriation
Procuring Entity’s Representative’s Decisions
Approval of Drawings and Temporary Works by the Procuring Entity’s Representative
Acceleration and Delays Ordered by the Procuring Entity’s Representative
If the BULACAN STATE UNIVERSITY accepts these proposals, the Intended Completion Date will be adjusted accordingly and confirmed by both the BULACAN STATE UNIVERSITY and the Contractor. If the Contractor's Financial Proposals for an acceleration are accepted by the BULACAN STATE UNIVERSITY, they are incorporated into the Contract Price and treated as a Variation.
Extension of the Intended Completion Date
Right to Vary
Contractor's Right to Claim
If the Contractor incurs costs as a result of any of the events under GCC Clause 13, the Contractor will be entitled to the amount of such costs. If, as a result of any of the aforementioned events, it is necessary to change the Works, this will be treated as a Variation.
Dayworks
Early Warning
Program of Work
The approval of the work program by the representative of BULACAN STATE UNIVERSITY shall not alter the contractor's obligations. When the work program is updated, the contractor will provide the BULACAN STATE UNIVERSITY representative with an updated cash flow forecast.
Management Conferences
The Contractor shall submit to the BULACAN STATE UNIVERSITY representative for approval an updated work program at intervals not exceeding the period specified in the SCC. The Contractor may at any time revise the work program and resubmit it to the BULACAN STATE UNIVERSITY representative.
Bill of Quantities
If the Contractor does not submit an updated Work Program within this period, the BULACAN STATE UNIVERSITY 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 therein. which is delayed. The work program has been submitted. If requested by the BULACAN STATE UNIVERSITY Representative, the Contractor shall provide the BULACAN STATE UNIVERSITY Representative with a detailed cost breakdown of each rate in the Bill of Quantities.
Instructions, Inspections and Audits
If the final quantity of any work performed differs from the quantity in the estimate for a particular item and does not exceed twenty-five percent (25%) of the original quantity, provided that the total changes for all items do not exceed ten percent. (10%) of the contract price, a representative of BULACAN STATE UNIVERSITY will make the necessary adjustments to allow for changes in accordance with applicable laws, rules and regulations.
Identifying Defects
Cost of Repairs
Correction of Defects
The period which is one (1) year from the completion of the project to the final acceptance by the representative of BULACAN STATE UNIVERSITY. If BULACAN STATE UNIVERSITY accepts the offer, the corresponding change in SCC version is.
Uncorrected Defects
Whenever notification of a defect is given, the Contractor shall correct the notified defect within the time period specified in the notification to the BULACAN STATE UNIVERSITY Representative. If BULACAN STATE UNIVERSITY considers that the correction of a defect is not essential, it may request the Contractor to submit a quotation for the corresponding reduction in the contract price.
Advance Payment
The contractor may reduce its stand-by letter of credit or guarantee instrument by the amounts reimbursed by the monthly receipts in advance. BULACAN STATE UNIVERSITY will provide an advance payment for the contract price as specified in the contract conditions, subject to the maximum amount specified in Article 39.1 of the SCC.
Progress Payments
Payment Certificates
BULACAN STATE UNIVERSITY will provide an advance payment for the contract price as specified in the contract conditions, subject to the maximum amount specified in Article 39.1 of the SCC. The Contractor shall submit to the BULACAN STATE UNIVERSITY representative monthly statements of the estimated value of the work performed less the cumulative amount previously approved. A representative of BULACAN STATE UNIVERSITY shall verify the contractor's monthly statement and confirm the amount to be paid to the contractor.
Retention
The Contractor shall submit to the BULACAN STATE UNIVERSITY representative monthly statements of the estimated value of the work performed less the cumulative amount previously certified. Upon completion of the entire Work, the Contractor may replace the retention money with an “on demand” Bank Guarantee in a form acceptable to BULACAN STATE UNIVERSITY.
Variation Orders
Failure to provide any of these notices within the specified period shall constitute a waiver of any claim by the Contractor. The time frame for processing Variation Orders from preparation to approval by the concerned BULACAN STATE UNIVERSITY shall not exceed thirty (30) calendar days.
Contract Completion
When the project reaches ninety-five (95%) of the total contract amount, BULACAN STATE UNIVERSITY may establish an inspection team to conduct a preliminary inspection and submit a checklist to the contractor in preparation for the final sale of the project. . This, however, does not preclude BULACAN STATE UNIVERSITY's claim for contractual damages.
Suspension of Work
The authorized representative of the UNIVERSITY that the documents are complete, unless there are legitimate reasons for this, which must be communicated in writing to the contractor. In the case of total suspension or suspension of activities along the critical path, which is not due to the contractor's fault, the elapsed time between the effectiveness of the order suspension operation and the order to resume work shall be allowed to the contractor by adjusting 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
Upon receipt of full and detailed information, BULACAN STATE UNIVERSITY will review the facts and extent of the delay and extend the contract time for completion of the contract work when, in BULACAN STATE UNIVERSITY's opinion, findings of fact justify an extension. . No extension of contract time shall be granted where the reason given to support the request for extension has already been considered in determining the initial contract time during the performance of detailed engineering and the preparation of the contract documents as agreed by the parties before. perfection of the contract.
Completion
Except in extraordinary circumstances as determined by NEDA and approved by the GPPB, no price increase is permitted. Nevertheless, in cases where the costs of the awarded contract are affected by any applicable new laws, decrees, regulations or other acts of the VP published after the date of opening of bids, an adjustment of the contract price or an appropriate relief shall be made. it is used on a no-loss-no-profit basis.
Taking Over
Operating and Maintenance Manuals
Special Conditions of Contract
12 In addition to the General Conditions of the Contract hereof, the contractor must present and comply with the following:. The Contractor shall submit the Work Program to the Project Management Office of the Bulacan State University within ten (10) calendar days after delivery of the Letter of Acceptance.
CONSTRUCTION SPECIFICATIONS
PROJECT TITLE MODERN AUDIO VISUAL ROOM AT THE CAFA
The quality of materials must be of the best quality of their respective species for the purpose. All materials not conforming to the requirements of the specifications shall be considered defective.
Bid Form
The CONTRACTOR shall pay to the UNIVERSITY for liquidated damages (LD), and not as a penalty, an amount equal to one-tenth (1/10) of one percent (1%) of the cost of the uncompleted portion of the work for every day late. Valid Philippine Contractor Accreditation Board (PCAB) license and registration for the type and cost of the contract for this project e.
Omnibus Sworn Statement
If a corporation or joint venture: None of the officers, directors and controlling shareholders of [Name of Bidder] are related to the Head of the Procuring Entity, members of the Bid and Award Committee (BAC), the Technical Working Group, and the BAK -secretariat, the head of the Project Management Office or the end-user unit, and the project consultants according to blood relationship or affinity up to and including the third civil degree;. Location of the project: BulSU Main Campus, City of Malolos, Bulacan Standard Form Number: SF-INFR-15.
Bid-Securing Declaration
