All bids must be accompanied by a bid security in any of the acceptable forms and in the amount specified in ITB clause 18. It intends to use part of the funds received for the project, as defined in the BDS, to cover eligible payments according to the Contract for the Work.
Bidder’s Responsibilities
Failure to comply with any of the above obligations is the responsibility of the provider concerned. The client does not assume any responsibility in relation to the misinterpretations or conclusions of a potential or eligible provider from the data provided by the client.
Origin of Goods and Services
Subcontracts
Contents of Bidding Documents 9. Pre-Bid Conference
Clarification and Amendment of Bidding Documents
Potential bidders may request clarification on and/or interpretation of any part of the tender documents. It shall be the responsibility of all Bidders who have properly secured the Tender Documents to request and secure the Supplemental Bulletins/Offers 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
A statement from the offeror's SLCC, which is similar to the contract to be offered, in accordance with clause 5.4 of the ITB. 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
Modification and Withdrawal of Bids
Opening and Preliminary Examination of Bids
The summary of bids as read and the minutes of the bid opening will be made available to the public upon written request and payment of a specified fee to recover costs 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
- Detailed Evaluation and Comparison of Bids
- Post Qualification
- Reservation Clause
When applicable, the BAC will conduct post-qualification of the bidder with the next lowest calculated bid. A request for reconsideration may be filed by the bidder with the HoPE pursuant to Section 37.1.3 of IRR RA 9184.
Award of Contract 30. Contract Award
- Signing of the Contract
- Performance Security
- Notice to Proceed
- Protest Mechanism
If the source of funding for the project has been withheld or reduced through no fault of the contracting authority. Within seven (7) calendar days from the date of approval of the Contract by the appropriate government approval authority, the Contracting Authority will provide the Passing Notice (NTP) together with a copy or copies of the approved contract to the successful Bidder.
Bid Data Sheet
Updated/latest document corresponding to the expired document listed on the PhilGEPS Certificate of Registration. Valid and current mayoral permit (in case of recently expired mayoral/business permit, expired mayoral/business permit together with official receipt of renewal application).
General Conditions of Contract
Definitions
The completion date is the date of completion of the works as certified by the contracting authority's representative, in accordance with Article 49 of the GCC. The contract is the contract between the contracting authority and the contractor to carry out, complete and maintain the works.
Interpretation
Governing Language and Law
This contract shall be interpreted in accordance with the laws of the Republic of the Philippines.
Communications
Possession of Site
The Contractor’s Obligations
The Contractor shall submit to the Procuring Entity for consent the name and details of the person authorized to receive instructions on behalf of the Contractor. The Procuring Entity may modify the schedule of other contractors, and shall notify the contractor of any such modification thereto.
Performance Security
In the unlikely event that anything of historical or other interest or of significant value is discovered on the site, it will be the property of the contracting authority. The contractor shall inform the contracting authority's representative of such discoveries and shall carry out the instructions of the contracting authority's representative to deal with them.
Subcontracting
The Contractor will extend the validity period of the performance security to cover approved contract time extensions. Unless otherwise indicated in the SCC, the Contractor, by entering into the Contract with the Procuring Entity, acknowledges the right of the Procuring Entity to bring action pursuant to Act 3688 against any subcontractor whether an individual, firm, partnership, corporation or association is. supply to the Contractor of labour, materials and/or equipment for the performance of this Contract.
Liquidated Damages
In the event of a reduction in the contract value or for partially completed works under the contract that are usable and accepted by the client, the use of which, in the opinion of the implementing agency or the client, will not affect the structural integrity of the entire project, the client will allow a proportional reduction of the original performance guarantee, under provided that any such reduction is greater than ten percent (10%) and that the aggregate of such reductions does not exceed fifty percent (50%) of the original operating safety.
Site Investigation Reports
The Contractor shall, in preparing the Bid, rely on any Site Investigation reports referred to in the SCC, supplemented by any information obtained by the Contractor.
The Procuring Entity, Licenses and Permits
Contractor’s Risk and Warranty Security
The warranty against structural defects/faults, other than those caused by force majeure, shall cover the period specified in the SCC, counted from the date of issue of the Certificate of Final Acceptance by the Procuring Entity. 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 acceptance by the procuring entity and shall be returned only after the expiration of said one-year period.
Liability of the Contractor
Procuring Entity’s Risk
Insurance
If the contractor does not comply with the above safety measures, the contracting authority can, at the contractor's expense, take any measures deemed necessary for the protection of the latter and the contractor's staff and third parties and/or order the interruption of dangerous work. . In addition, the Employer may refuse to make the payments under GCC Clause 40 until the Contractor complies with this Clause.
Termination for Default of Contractor
The contractor shall immediately replace the insurance policy obtained as required by this contract, without the request of the contracting authority, with a new policy issued by a new insurance company acceptable to the contracting authority for one of the following reasons: . a) The provider of the insurance policy to be replaced has:. ii) placed under guardianship or under a management committee;. iii) sued for suspension of payments; or. iv) suspended by the Insurance Commission and revoked its license to do business or its authority to issue insurance policies; or. v) Where there are reasonable grounds that the Insurer may be unable, fully and promptly, to meet its obligation under the Insurance Policy. in accordance with the approved work program and equipment deployment schedule as required for the project;. iii) fails to perform the Works in accordance with this Contract or persistently or flagrantly fails to perform its obligations under this Contract;. iv) fails or refuses to remove any materials or perform any new Work that has been rejected as defective or unsuitable; or. v) Sublease any part of this contract without the approval of the contracting authority. All site materials, installation, works, including equipment purchased and financed under the contract, shall be deemed to be the property of the contracting authority if this contract is withdrawn due to default by the contractor.
Termination for Default of Procuring Entity
Termination for Other Causes
All materials on the Site, Plant, Works, including Equipment purchased and funded under the Contract, shall be deemed to be the property of the Procuring Entity if this Contract is revoked due to the Contractor's default. thereafter accrues to the Procuring Entity and/or the Contractor. In the event of the Contractor's insolvency, any Contractor's Equipment that the Procuring Entity instructs in the notice must be used until the completion of the Works;.
Procedures for Termination of Contracts
All decisions recommended by KTRT will be subject to the approval of Hope. In the absence of the CPES evaluation sheet, the existing performance monitoring system of the procuring entity will be applied.
Force Majeure, Release from Performance
If the event continues for a period of eighty-four (84) days, either party may then give notice of termination, which will take effect twenty-eight (28) days after giving the notice . The net balance due will be paid or refunded within a reasonable period of time from the time of the notice of termination.
Resolution of Disputes
The Contractor shall make the Site safe and cease work as soon as possible after receipt of this certificate and shall be paid for all work carried out prior to its receipt and for any Work carried out subsequently to which a commitment has been made. After termination the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the materials and Plant reasonably delivered to the Site, adjusted by the following:. a) any amount to which the Contractor is entitled in terms of GCC Clause 28;.
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
Extension of the Intended Completion Date
Right to Vary
Contractor's Right to Claim
Dayworks
Early Warning
Program of Work
The approval of the work program by the representative of the contracting authority does not affect the obligations of the contractor. When the work program is updated, the contractor shall provide the contracting authority's representative with an updated cash flow forecast.
Management Conferences
The contractor submits an updated work program to the client's representative for approval at intervals not longer than the period specified in the SCC. The contractor can revise the work program at any time and resubmit it to the client's representative.
Bill of Quantities
Within the time specified in the SCC, the Contractor shall submit a Work Program to the Procuring Entity's Representative indicating the general methods, arrangements, sequence and timing for all activities in the Works. If the Contractor does not submit an updated Work Program within this period, the Selling 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.
Instructions, Inspections and Audits
At the request of the client's representative, the contractor will provide the client's representative with a detailed breakdown of costs at any stage in the estimate.
Identifying Defects
Cost of Repairs
Correction of Defects
Uncorrected Defects
The customer will notify the contractor at least fourteen (14) days of his intention to use a third party to correct the error. If the contractor does not correct the error himself within the deadline, the client may have a third party correct the error.
Advance Payment
Engaging a third party to correct defects not rectified by the Contractor will not in any way release the Contractor from its liabilities and warranties under the Contract.
Progress Payments
No interest shall be paid for late payments and adjustments by the ordering party. The first advance payment may be paid by the client to the contractor, provided that at least twenty percent (20%) of the work has been completed as certified by the client's representative.
Payment Certificates
Items of work for which the price "0" (zero) has been set will not be paid by the Procuring Entity and will be considered covered by other rates and prices in the contract.
Retention
Upon completion of all works, the Contractor may replace the retention money with a bank guarantee "on demand" in a form acceptable to the Procuring Entity.
Variation Orders
After the completion of the entire works, the contractor can replace the retained money with a bank guarantee "on demand" in a form acceptable to the client. included additional work per item indicating the specific stations where such work is required, the date of his inspections and investigations in relation thereto and their logbook and a detailed estimate of the unit cost of such items of work, together with his justifications for the need for such a change order or additional work order and must be submitted to the HoPE for approval. The time frame for processing change orders from preparation to approval by the relevant client shall not exceed thirty (30) calendar days.
Contract Completion
Suspension of Work
There is failure on the part of the Procuring Entity to deliver materials and equipment furnished by the government as stipulated in the contract. e) Delay in payment of Contractor's claim for progress billing after forty-five (45) calendar days from the time the Contractor's claim is certified by the procuring entity's authorized representative that the documents are complete, unless there are justifiable reasons for this is communicated to the Contractor in writing. In the case of total suspension, or suspension of activities along the critical path, which is not due to any fault of the Contractor, the time elapsed between the effectiveness of the order suspension operation and the order to resume work, the Contractor is allowed by adjusting the contract period accordingly.
Payment on Termination
However, this condition must be certified in writing by the Philippine National Police (PNP) station in charge of the affected area and confirmed by the Regional Director of the Department of the Interior and Local Government (DILG).
Extension of Contract Time
Extension of contract time can only be granted when the affected activities fall within the critical path of the PERT/CPM network. The written consent of the bondmen shall be attached to any request by the contractor for an extension of the contract period and submitted to the contracting authority for consideration, and the validity of the performance security shall be extended accordingly.
Price Adjustment
After receiving complete and detailed information, the client will examine the facts and extent of the delay and extend the contractual time for completing the contractual work, if, in the client's opinion, the established facts justify the extension. An extension of the contract term shall not be granted if the reason given in support of the request for extension has already been taken into account when determining the original contract time during the implementation of detailed engineering and the preparation of the contract documentation, as agreed by the parties before the completion of the contract.
Completion
Extension of the contract period shall be granted for rainy/impracticable days considered unfavorable for the prosecution of the workers at the construction site, based on the actual conditions obtained at the construction site, beyond the number of rainy/impracticable days as predetermined by the procuring Entity in relation to the original contract time during the execution of detailed engineering work and in the preparation of the contract documents as agreed by the parties before the perfection of the contract, and/or during the corresponding period of delay due to major disasters such as unusually destructive typhoons, floods and earthquakes and epidemics, and for reasons such as failure to deliver on time materials, working drawings or written information to be provided by the client, failure to obtain permission to enter private properties or failure to execute a deed of sale or donation within the right of way, resulting in complete paralysis of construction activities and other meritorious causes as determined by the procuring entity's representative and approved by the HoPe. 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.
Taking Over
The Contractor shall not be granted any extension of time due to (a) ordinary inclement weather and (b) the Contractor's inexcusable error or negligence in providing the required equipment, supplies or materials. The client takes possession of the construction site and works within seven (7) days from the date the client's representative issues the certificate of completion.
Operating and Maintenance Manuals
Special Conditions of Contract
The amount to be withheld for late submission of an updated work program is 1/10 of 1% of the contract price for each day of delay. The date the "as built" drawings are required is Seven (7) days prior to the issuance of the End User Acceptance (Certificate of Completion and a Final Acceptance).
Specifications/ Terms of Reference
Notes on Specifications
Where such standards and codes are national or relate to a specific country or region, other authoritative standards providing substantially equal or higher quality than the specified standards and codes will be accepted upon prior review and written consent of the client's representative. In the event that the client's representative determines that such proposed deviations do not ensure substantially the same or higher quality, the contractor must comply with the standards specified in the documents.
Drawings
Bidding Forms
Bid Form
IN ALBANIA, the entity wants the Contractor to execute [name and contract identification number] (hereinafter the "Works") and the entity has accepted the bid for [insert amount in the specified currency in numbers and words] from the Contractor for the execution and the completion of such works and the correction of any defects therein. In consideration of the payments to be made by the Contracting Entity to the Contracting Entity as set forth below, the Contractor hereby covenants with the Entity to execute and complete the Works and to remedy any defects therein in accordance with the provisions of this Contract in all respects .
Omnibus Sworn Statement
In the case of a partnership or cooperative: None of the officers and members of [Proposer's Name] are related to the Head of the Procuring Entity, the members of the Bids and Awards Committee (BAC), the BAC Technical Working Group and Secretariat, the Head of the Project Management Office or the End User Unit, and project consultants by consanguinity up to the third civil degree; Bidder's Name] has not given or paid, directly or indirectly, any commission, amount, fee or any form of consideration, monetary or otherwise, to any person or official, staff or representative of the Government in connection with any project or procurement activity. .
Bid-Securing Declaration
SIGNED AND SAID before me this __ day of [month] [year] at [place of execution], Philippines. Confederate/s exhibited to me his/her [insert type of state identification card used], with his/her photograph and signature appearing thereon, bearing no.
B ATAAN P ENINSULA S TATE U NIVERSITY
