BIDDING DOCUMENTS

DRILLING OF ONE (1) ONE HUNDRED THIRTY METERS (130M) EXPLORATORY/ PRODUCTION

WELL AT BARANGAY NARVACAN I, GUIMBA, NUEVA ECIJA

Republic of the Philippines

GUIMBA WATER DISTRICT Corner Faigal and Danzalan Streets, Sta. Veronica District,

Guimba, Nueva Ecija

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TABLE OF CONTENTS

SECTION I. INVITATION TO BID ....................................................................2

SECTION II. INSTRUCTIONS TO BIDDERS ...................................................5

SECTION III. BID DATA SHEET .......................................................................24

SECTION IV. GENERAL CONDITIONS OF CONTRACT .............................29

SECTION V. SPECIAL CONDITIONS OF CONTRACT .................................48

SECTION VI. TECHNICAL SPECIFICATIONS ..............................................53

SECTION VII. BIDDING FORMS ......................................................................66

SECTION VIII. FORMS AND QUALIFICATION INFORMATION ..............69

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Section I. Invitation to Bid

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REPUBLIC OF THE PHILIPPINES Guimba Water District

Danzalan St. Cor. Faigal St. , Sta. Veronica Guimba, Nueva Ecija

SECTION I. INVITATION AND TO BID

1. The Guimba Water District (GWD) through the District’s Internal Cash Generation and also in

authorized appropriations under the FY 2020 Corporate Operating Budget intends to apply the

sum of Three Million Five Hundred Twenty Thousand Pesos (Php3,520,000.00) being the

Approved Budget for the Contract (ABC) to payments under the contract for the Project,

“Supply and Drilling of One (1) One Hundred Thirty (130) Meters

Exploratory/Production Well at Barangay Narvacan 1, Guimba, Nueva Ecija. Bids

received in excess of the ABC shall be automatically rejected at bid opening.

Name of Contract: Supply and Drilling of One (1) One Hundred Thirty Meters

(130m) Exploratory/Production Well

Location: Brgy. Narvacan I, Guimba, Nueva Ecija _______ .

Brief Description: Drilling of One (1) 130m Exploratory/Production Well Using

Rotary Type Drilling

Approved Budget

For the Contract (ABC): Three Million Five Hundred Twenty Thousand Pesos

( Php 3,520,000.00)

Contract Duration: 75 calendar days .

Terms of Payment: 15% of the Contract Price down payment then Progress Billing

thereafter

Drilling Permit: Shall be undertaken by the winning bidder________

Funding Source: WD Internal Cash Generation and under the FY 2020

Corporate Operating Budget ___.

2. Prospective Bidders should possess a valid PCAB License applicable to the contract, have a

similar contract with a value of at least 50% of the ABC with a local water district, and have

key personnel and equipment (listed in the Eligibility Forms) available for the prosecution of

the contract. Furthermore, Prospective Bidders must have National Water Resources Board

(NWRB) Accreditation as ‘Well Driller’, Certificate of Membership from Philippine

Groundwater Society and Proof of Completion of one (1) well drilling project in Nueva Ecija

area in the last twelve (12) months. The BAC will use non-discretionary pass/fail criteria in the

Eligibility Check/Screening as well as the Preliminary Examination of the Bids. The BAC will

conduct post-qualification of the lowest calculated Bid.

3. Bidding will be conducted through open competitive bidding procedures using non-

discretionary pass/fail criterion in the Implementing Rules and Regulations (IRR) of Republic

Act 9184 (R.A. 9184), otherwise known as the “Government Procurement Reform Act”.

Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations

with at least seventy-five percent (75%) interest or outstanding capital stock belonging to

citizens of the Philippines.

4. Interested Bidders may obtain further information from GWD – Bids and Award Committee

and inspect the Bidding Documents at the GWD Office, Corner Faigal and Danzalan Streets,

Sta. Veronica, Guimba, Nueva Ecija.

5. A complete set of Bidding Documents may be purchased by Interested Bidders from

November 9, 2020 to November 30, 2020 upon payment of non-refundable fee for the

Bidding Documents in the amount of Five Thousand Pesos (Php5,000.00). It may also be

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downloaded free of charge from the website of the Philippine Government System (PhilGEPS)

and on the website of GWD, provided that the bidders shall pay the non-refundable fee for the

Bidding Documents not later than the submission of their bids.

6. The GWD will hold a Pre-Bid Conference on November 18, 2020, 1:00 PM at the Guimba

WD Office, Corner Faigal and Danzalan Streets, Sta. Veronica, Guimba Nueva Ecija. Only

those who have purchased the Bid Documents shall be allowed to participate in the Pre-Bid

Conference and raise or submit written queries or clarifications.

7. Bids must be delivered on or before 12:00 Noon of November 30, 2020, at the Guimba WD

Office, Corner Faigal and Danzalan Streets, Sta. Veronica, Guimba Nueva Ecija. All bids must

be accompanied by a bid security in any of the acceptable forms and in the amount stated in

ITB Clause 18.

8. Bid opening shall be on November 30, 2020, 1:00 PM at Guimba Water District Office, Corner

Faigal and Danzalan Streets, Sta. Veronica, Guimba Nueva Ecija.

Bids will be opened in the presence of the bidders’ representatives who choose to attend at the

address given above. Late bids shall not be accepted.

9. In case any of the above dates is declared non-working holiday, it will be automatically reset

on the preceding working day.

10. The Guimba Water District reserves the right to accept or reject any bid, to annul the bidding

process, and to reject all bids at any time prior to contract award, without thereby incurring any

liability to the affected bidder or bidders.

11. For further information, please refer to:

Guimba Water District

Corner Faigal and Danzalan Streets, Brgy. Sta. Veronica,

Guimba Nueva Ecija

Tel No. (044)611-1207; Fax No. (044) 611-0141

ROMMEL G. GRAGASIN

BAC, Chairman

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Section II. INSTRUCTIONS TO BIDDER

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A. GENERAL

1. SCOPE OF BID

1.1 The PROCURING ENTITY as defined in the BDS, invites bids for the construction of Works, as described in Section VI Specifications. The name and identification of the Contract is provided in the BDS.

1.2 The successful Bidder will be expected to complete the Works by the intended

completion date specified in the SCC Clause 1.16.

2. SOURCE OF FUNDS

2.1 The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the Contract for the Works.

3. CORRUPT AND FRAUDULENT PRACTICES

3.1 The PROCURING ENTITY as well as Bidders and contractors, shall observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Funding Source:

(a) defines for the purposes of this provision, the provisions set forth below as

follows:

i. “corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019.

ii. “fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of

a contract to the detriment of the PROCURING ENTITY,

and includes collusive practices among Bidders (prior to or

after Bid submission) designed to establish Bid prices at

artificial, non-competitive levels and to deprive the

PROCURING ENTITY of the benefits of free and open

competition. iii. “collusive practices” means a scheme or arrangement between

two or more Bidders, with or without the knowledge of the PROCURING ENTITY, designed to establish Bid prices at artificial, non-competitive levels.

iv. “coercive practices” means harming or threatening to harm,

directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract;

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the Contract; and

(c) will declare a firm ineligible, either indefinitely or for a stated period of time,

to be awarded Contract funded by the Funding Source if it at any time

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determines that the firm has engaged in corrupt or fraudulent practices in competing or, or in executing, a Contract funded by the Funding Source.

3.2 Further, the GOP will seek to impose the maximum penalties for civil and criminal

liability available under the applicable law on individuals and organizations deemed to be involved with corrupt or fraudulent practices.

3.3 Furthermore, the Funding Source reserves the right to inspect and audit records

and accounts of a contractor in the Bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 34.

4. CONFLICT OF INTEREST

4.1 All Bidders found to have conflicting interests shall be disqualified to participate in

the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (f) below: (a) A Bidder has controlling shareholders in common with another Bidder; (b) A Bidder receives or has received any direct or indirect subsidy from any

other Bidder; (c) A Bidder has the same legal representative as that of another Bidder for

purposes of this Bid; (d) A Bidder has a relationship, directly or through third parties, that puts them

in a position to have access to information about or influence on the Bid of another Bidder or influence the decisions of the PROCURING ENTITY regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;

(e) A Bidder submits more than one Bid in this bidding process. However,

this does not limit the participation of subcontractors in more than one Bid; or

(f) A Bidder who participated as a consultant in the preparation of the design

or technical specifications of the GOODS and related services that are the subject of the Bid.

(g) A Bidder who lends, or temporary seconds, its personnel to firms or

organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project.

4.2 In accordance with Section 47 of the IRR-A of R.A. 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the head of the PROCURING ENTITY by consanguinity or affinity up to the third civil degree or any of the PROCURING ENTITY’s officers or employees having direct access to information that may substantially affect the result of the bidding, such as, but not limited to, the members of the BAC, the members of the Technical Working Group (TWG), the BAC

Secretariat, the members of the Project Management Office (PMO), and the designers of the project. This Clause shall apply to the following persons:

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If the Bidder is an individual or a sole proprietorship, to the Bidder himself; If the Bidder is a partnership, to all its officers and members; If the Bidder is a corporation, to all its officers, directors, and controlling

stockholders; and If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this

Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder.

5. ELIGIBLE BIDDERS

5.1 The following persons/entities shall be allowed to participate in the bidding:

a) Duly licensed Filipino citizens/sole proprietorships;

b) Partnerships duly organized under the laws of the Philippines and of which at least seventy-five (75%) of the interest belongs to citizens of the Philippines;

c) Corporations duly organized under the laws of the Philippines, and of

which at least seventy-five percent (75%) of the outstanding capital stock belongs to citizens of the Philippines;

d) Cooperatives duly organized under the laws of the Philippines, and of

which at least seventy-five percent (75%) of the outstanding capital stock belongs to citizens of the Philippines; and

e) Persons/entities forming themselves into a joint venture, i.e., a group of

two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, That, in accordance with Letter of Instructions No. 630 (LOI 630), Filipino ownership or interest of the joint venture concerned shall be at least seventy-five (75%); Provided further that joint Venture in which Filipino ownership or interest is less than seventy-five percent (75%) may be eligible where the structures to be built require the application of techniques and/or technologies which are not adequately possessed by a person/entity meeting the seventy-five percent (75%) Filipino ownership requirement: Provided, finally, that in the latter case, Filipino ownership or interest or interest shall not be less than twenty-five percent (25%). For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their Joint Venture Agreement (JVA)

5.2 The procuring Entity may also invite foreign bidders when provided for under

any Treaty or International or Executive Agreement as specified in the BDS.

5.3 Government Corporate Entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity.

5.4 Unless otherwise provided in the BDS, the Bidder must have completed at least

one contract similar to the Project the value of which, adjusted to current prices using the National Statistics Office consumer price index, must be at least equivalent to percentage of the ABC stated in the .

5.5 The prospective bidder must present a commitment from a licensed bank to extend to it a credit line if awarded the contract to be bid, or a cash deposit

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certificate, in an amount not lower than that set by the PROCURING ENTITY, which shall be at least equal to ten percent (10%) of the ABC to be bid; or must have a NFCC at least equal to the ABC to be bid, as calculated as follows:

NFCC = [(Current assets minus current liabilities) x K] – the value of all outstanding works or projects under ongoing contracts, including awarded contracts yet to be started. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of

more than one year up to two years, and 20 for a contract duration of more than two years.

5.6 Only an eligible bidder as defined and determined may participate in the bidding.

6. Bidder’s Responsibilities

6.1 The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII Bidding Forms as required in ITB clause 12.1 (b) iii.

6.2 The bidder is responsible for the following:

a) Having taken steps to carefully examine all of the Bidding Documents; b) Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract; c) Having made an estimate of the facilities available and needed for the

contract to be bid, if any; and d) Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 10.3 e) Ensuring that it is not “blacklisted” or barred from bidding by the GOP or

any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB;

f) Ensuring that 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;

g) Authorizing the Head of Procuring Entity or its duly authorized

representative/s to verify all the documents submitted; h) Ensuring that the signatory is the duly authorized representative of the

Bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary’s Certificate attesting to such fact, if the Bidder is a Corporation, partnership, cooperative, or joint venture;

i) Complying with the disclosure provision under Section 47 of the Act in

relation to other provisions of Republic Act 3019; and j) Complying with existing labor laws and standards, if applicable.

Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.

6.3 The Bidder, by the act of submitting its bid, shall be deemed to have inspected the

site and determined the general characteristics of the contract works and the

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conditions for this Project. Unless otherwise indicated in the BDS, failure to furnish all information or documentation required in this Bidding Documents shall result in the rejection of the bid and the disqualification of the Bidder.

6.4 It shall be the sole responsibility of the prospective bidder to determine and to

satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to this Project, including,: (a) the location and the nature of the contract, project or work; (b) climatic conditions; (c) transportation facilities and (d) other factors that may affect the cost, duration and execution or implementation of the contract, project or work.

6.5 The Procuring Entity shall not assume any responsibility regarding erroneous

interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity.

6.6 Before submitting their bids, the Bidders are deemed to have become familiar

with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect the contract in any way.

6.7 The Bidder shall bear all costs associated with the preparation of and submission

of his bid and the Procuring Entity will no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

6.8 Bidders should note that the Procuring Entity will only accept bids only from

those that have paid the non-refundable fee for the Bidding Documents at the office indicated in the Invitation to Bid.

7. Origin of GOODS and Services

7.1 Unless otherwise indicated in the BDS, there is no restriction on the origin of GOODS and services other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause 27.1.

8. Subcontracts

8.1 Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Works to an extent as may be approved by the Procuring Entity and stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this Project.

8.2 Subcontractors must comply with the eligibility criteria and the documentary

requirements specified in the BDS. In the event that any subcontractor is found by the procuring entity ineligible, the subcontracting of such portion of the GOODS assigned to the ineligible subcontractor shall be disallowed.

8.3 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 opts 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.

B. Contents of Bidding Documents 9. PRE-BID CONFERENCE

9.1 If so specified in the BDS, a pre-bid conference shall be held at the venue and on

the date indicated therein, to clarify and address the Bidders’ questions on the technical and financial components of this Project.

9.2 Bidders are encouraged to attend the Pre-Bid Conference to ensure that they fully

understand the PROCURING ENTITY’s requirements. Non-attendance of the

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Bidder will in no way prejudice its Bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents discussed during the Pre-Bid Conference.

9.3 Any statement made at the Pre-Bid Conference shall not modify the terms of the

bidding documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

10. Clarification and Amendment of Bidding Documents

10.1 Bidders who have purchased the Bidding Documents may request for clarification(s) on any part of the Bidding Documents or for an interpretation. Such a request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of Bids.

10.2 Supplemental/Bid Bulletins may be issued upon the Procuring Entity’s initiative

for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of Bids. Any modification to the Bidding Documents shall be identified as an amendment.

10.3 Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the

Philippine Government Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, bidders who have submitted bids before the issuance of Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23

C. Preparation of Bids

11. Language of Bid 11.1 The Bid, as well as all correspondence and documents relating to the Bid

exchanged by the Bidder and the PROCURING ENTITY, shall be written in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the Bid, the English translation shall govern.

12. Documents Comprising the Bid, Eligibility and Technical Component

12.1 Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: A. Eligibility Documents Class “A” Documents

a) Registration Certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority CDA for cooperatives, or any proof of such registration as stated in the Bidding Documents;

b) Valid and current Mayor’s permit/municipal license;

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c) Statement of the prospective bidder of all its ongoing and completed government and private contracts within the relevant period, where applicable, including contracts awarded but not yet started, if any. The statement shall state for each contract whether said contract is ongoing, completed or awarded but not yet started within the relevant period, where applicable. The statement shall include, for each contract, the following:

i. the name of the contract;

ii. date of award of the contract; iii. contract duration; iv. owner’s name and address; v. nature of work;

vi. contractor’s role (whether sole contractor, sub-contractor, or partner in a joint venture);

vii. total contract value at award; viii. date of completion or estimated completion time;

ix. total contract value at completion, if applicable; x. percentages of planned and actual accomplishments, if

applicable; xi. value of outstanding works, if applicable;

xii. the statement shall be supported by the notices of award and/or notices to proceed issued by the owners; and

xiii. the statement shall be supported by the Contractor’s Performance Evaluation System (CPES) rating sheets, and/or certificates of completion and owner’s acceptance, if applicable.

d) A valid Philippine Contractors Accreditation Board (PCAB) license and

registration for the type and cost of the contract to be bid;

e) Other appropriate licenses as may be required; NWRB Certificate of Registration as a Well Driller, Certificate of Membership of good standing with the Well Driller’s Association of the Philippines (WELDAPHIL), Certificate of Membership from Philippine Groundwater Society and must have proof of one (1) well drilling project in Nueva Ecija in the last twelve (12) months;

f) The prospective bidder’s audited financial statements, stamped “received”

by the BIR or its duly accredited and authorized institutions, for the immediately preceding calendar year, showing, among others, the prospective bidder’s total and current assets and liabilities; and

g) The prospective bidder’s computation for its Net Financial Contracting

Capacity (NFCC) which shall be in accordance with Section 23.11 of IRR-A; or a commitment from a licensed bank to extend to it a credit line if awarded if awarded the contract to be bid, or a cash deposit certificate, in an amount not lower than that set by the procuring entity in the Bidding Documents, which shall be at least equal to ten percent (10%) of the approved budget for the contract to be bid

Class “B” Documents

a) If applicable, valid Joint Venture Agreement (JVA) or, in lieu thereof, 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 shall be included in the bid.

B. Technical Documents –

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a) Bid Security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of:

(a.1.) a bank draft/guarantee or an irrevocable letter of credit

issued by a foreign bank, it shall accompanied by a confirmation from a Universal or Commercial Bank; or

(a.2.) a surety bond accompanied by a certification coming from

an authorized Insurance Commission that a surety or insurance company is authorized to issue such instrument;

b) Project Requirements, which include the following:

i. Organizational Chart for the contract to be bid;

ii. List of Contractor’s personnel (viz, Project Manager, Project Engineers, Material Engineers, Safety Officers, and Foremen) to be assigned to the contract to be bid, with their complete qualification and experience data; and

iii. List of contractor’s equipment units, which are owned, leased,

and/or under purchased agreements, supported by certification of availability of equipment from the equipment lessor/vendor for the duration of the project; and

iv. Other bidding documents that may be required by existing laws

and/or specified in the BDS.

c) Sworn statement in accordance with Section 25.2(b)iv of the IRR of RA 9184 and using the form prescribed in Section IX Bidding Forms.

13.1 Documents Comprising the Bid, Financial Component

13.1 Unless otherwise stated in the BDS, the Financial Component shall contain the following: a) Financial Bid Form, in accordance with the form prescribe in Section IX

Bidding Forms; and b) Any other document required in the BDS.

13.2 Unless indicated in the BDS, all Bids that exceed the ABC shall not be

accepted.

14. Alternative Bids

14.1 Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) copies or more separate bid envelopes.

14.2 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.

14.3 Each Bidder shall submit only one Bid, either individually or as a partner in a JV. A

Bidder who submits or participates in more than one bid (other than as a subcontractor if a subcontractor is permitted to participate in more than one bid)

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will cause all the proposals with the Bidder’s participation to be disqualified. This shall be without prejudice to any applicable criminal, civil and administrative penalties that may be imposed upon the persons and entities concerned.

15. Bid Prices

15.1 The contract shall be for the whole Works, as described in ITB Clause 1.1(a)(i)(i)1, based on the priced Bill of Quantities submitted by the Bidder.

15.2 The Bidder shall fill in rates and prices for all items of the Works described in the

Bill of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a “0” (zero) for the said item would mean that it is being offered for free to the Government.

15.3 All duties, taxes, and other levies payable by the Contractor under the Contract, or

for any other cause, prior to the deadline for submission of bids, shall be included in the rates, prices and total bid price submitted by the Bidder.

15.4 Unless otherwise provided in the BDS, all bid prices for the given scope of work in

the contract as awarded shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances as indicated in the BDS and specified in the GCC Clause 48 and its corresponding SCC provision.

16. Bid Currencies

16.1 All bid prices shall be quoted in Philippine Pesos unless otherwise provided in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchanged rate prevailing on the day of the Bid opening.

16.2 If so allowed in accordance with ITB Clause 17.1, the Procuring Entity for purposes

of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening.

17. BID VALIDITY

17.1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bid.

17.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clause 19 should also be extended corresponding to the extension of the bid validity period at the least. A bidder may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the request shall not be required or permitted to modify its bid.

18. BID SECURITY

18.1 The bid security in the amount stated in the BDS shall be equal to the percentage

of the ABC in accordance with the following schedule:

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Form Security

Amount of Bid Security (Equal to the Percentage of the ABC)

a) Cash, cashier’s / manager’s check issued by a Universal or Commercial Bank

Two percent (2%)

b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank.

Two percent (2%)

c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security ; and/or

Five percent (5%)

d) Any combination of the foregoing instrument

Proportionate to share of form with respect to total amount of security

For biddings conducted by local government units, the Bidder may also submit bid securities in the form of cashier’s/manager’s check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement.

18.2 The bid security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive.

18.3 No Bid Securities shall be returned to the Bidders after the opening of bids and

before contract signing, except to those that failed or declared as post disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. Without prejudice, Bid Securities shall be returned only after the Bidder with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid, as the case may be, has signed the Contract and furnished the Performance Security, but in no case later than the expiration of the Bid Security validity period indicated in the ITB Clause 18.

18.4 Upon signing and execution of the contract, pursuant to ITB Clause 32, and the

posting of the performance security, pursuant to ITB Clause 33, the successful Bidder’s Bid Security will be discharged, but in no case later than the Bid Security validity period indicated in the ITB Clause 19.2

18.5 The Bid security may be forfeited:

(b) If a Bidder:

i. withdraws its Bid during the period of Bid validity specified in ITB clause 17;

ii. does not accept the correction of errors pursuant to ITB clause 29.3(b);

or

iii. any other reason stated in the BDS.

(c) If the successful Bidder:

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i. to sign the Contract in accordance with ITB Clause 33;

ii. to furnish performance security in accordance with ITB Clause 34; or

iii. any other reason stated in the BDS.

19. Format and Signing of Bids

19.1 Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Sample Bidding Forms on or before the deadline specified in the ITB Clause 21 in two (2) separate sealed bid envelopes and which shall be submitted simultaneously. The first shall contain the Technical Component of the Bid and the second shall contain the Financial Component of the bid.

19.2 Forms as mentioned in ITB Clause 19.1 must be completed without any alterations to their format, and no substitute forms shall be accepted. All blank spaces shall be filled in with the information requested.

19.3 The Bidder shall prepare an original of the first and second envelopes as described in ITB Clauses 12 and 13. In addition, the Bidder shall submit copies of the first and second envelopes. In the event of any discrepancy between the original and the copies, the original shall prevail.

19.4 The bid, except for un-amended printed literature, shall be signed, and each and

every page thereof shall be initialed by the duly authorized representative of the Bidder.

19.5 Any interlineations, erasures, or overwriting shall be valid only if they are signed

or initialed by the duly authorized representative of the Bidder.

20. Sealing and Marking of Bids

20.1 Unless otherwise indicated in the BDS, Bidders shall enclose their original technical documents in one sealed envelope marked “ORIGINAL - TECHNICAL COMPONENT”, and the original of their financial documents in another sealed envelope marked “ORIGINAL - FINANCIAL COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL BID”.

20.2 Each copy of the first and second envelopes shall be similarly sealed duly marking

the inner envelopes as “COPY NO. ___ - TECHNICAL COMPONENT”, and “COPY NO. ___ – FINANCIAL COMPONENT” and the outer envelope as “COPY NO. ___”, respectively. These envelopes containing the original and the copies shall then be enclosed in one single envelope.

20.3 The original and the number of copies of the Bid as indicated in the BDS shall be

typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s.

20.4 All envelopes shall:

(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the Bidder in capital letters;

(c) be addressed to the PROCURING ENTITY’s BAC in accordance with ITB Clause 1.1;

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(d) bear the specific identification of this bidding process indicated in the ITB Clause 1.2; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of Bids, in accordance with ITB Clause 21.1.

20.5. If bids are not sealed and marked as required, the PROCURING ENTITY will assume

no responsibility for the misplacement or premature opening of the Bid. Moreover, failure to comply with the required sealing and marking of bids shall be a ground for disqualification.

D. Submission and Opening of Bids

21. Deadline for Submission of Bids

21.1 Bids must be received by the PROCURING ENTITY’s BAC at the address and on or before the date and time indicated in the BDS.

22. Late Bids

22.1 Any Bid submitted after the deadline for submission and receipt of Bids prescribed by the PROCURING ENTITY, pursuant to ITB Clause 21, shall be declared “Late” and shall not be accepted by the PROCURING ENTITY.

23. Modification and Withdrawal of Bids

23.1 The Bidder may modify its Bid after it has been submitted; provided that the modification is received by the PROCURING ENTITY prior to the deadline prescribed for submission and receipt of Bids. The Bidder shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL MODIFICATION” and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened.

23.2 A Bidder may, through a Letter of Withdrawal, withdraw its Bid after it has been

submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the PROCURING ENTITY prior to the deadline prescribed for submission and receipt of Bids.

23.3 Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be

returned unopened to the Bidders. A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of Bids. A Bidder that withdraws its Bid shall not be permitted to submit another Bid, directly or indirectly, for the same contract.

23.4 No Bid may be modified after the deadline for submission of Bids. No Bid may be

withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Bid Form. Withdrawal of a Bid during this interval shall result in the forfeiture of the Bidder’s Bid Security, pursuant to ITB Clause 18.5, and the imposition of administrative, civil and criminal sanctions as prescribed by R.A. 9184 and its IRR.

24. Opening and Preliminary Examination of Bids

24.1 The BAC shall open the first bid envelopes of Bidders in public, at the time, on the date, and at the place specified in the BDS to determine each Bidder’s compliance with the documents prescribed in ITB Clause 12. For this purpose the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary “pass/fail” criterion. If a bidder submits the required document it shall be rated

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“passed” for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as “failed”. Otherwise, the BAC shall rate the said first bid envelope as “passed”.

24.2 Immediately after determining compliance with the requirements in the first

envelope, the PROCURING ENTITY’s BAC shall forthwith open the second bid envelope (Financial Proposals) and modifications, if any, of each remaining eligible bidder whose first bid envelope was rated “passed” and announce the total Bid price inclusive of any discounts that may be offered and modifications made. The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the approved budget for the contract, unless otherwise provided in the BDS, the BAC shall rate the bid concerned as “failed.” Only bids that are determined to contain all the bid requirements for both components shall be rated “passed” and shall immediately be considered for evaluation and comparison.

24.3 Letters of withdrawal shall be read out and recorded during Bid opening, and the

envelope containing the corresponding withdrawn Bid shall be returned to the Bidder unopened. If the withdrawing Bidder’s representative is in attendance, the original Bid and all copies thereof shall be returned to the representative during the Bid opening. If the representative is not in attendance, the Bid shall be returned unopened by registered mail. The Bidder may withdraw its Bid prior to the deadline for the submission and receipt of Bids, provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal, subject to appropriate administrative sanctions.

24.4 If a Bidder has previously secured a Certification from the PROCURING ENTITY to

the effect that it has previously submitted the above-enumerated Class “A” Documents, the said Certification may be submitted in lieu of the requirements enumerated in ITB Clause 12.(a), items (i) to (v).

24.5 In the case of an eligible foreign bidder as described in ITB Clause 5, the Class “A”

Documents described in ITB Clause 12.1(a) may be substituted with the appropriate equivalent documents, if any, issued by the country of the foreign bidder concerned.

24.6 Each partner of a joint venture agreement shall likewise submit the documents

required in ITB Clauses 12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB Clause 12.1(a)(iii) to 12.1(a)(v) by any of the joint venture partners constitutes compliance.

24.7 A Bidder determined as “failed” has three (3) calendar days upon written notice or,

if present at the time of Bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed Bidder signifies his intent to file a motion for reconsideration, in the case of a Bidder who fails in the first (Technical) Bid envelopes, the BAC shall hold the second (Financial) Bid envelope of the said failed Bidder unopened and duly sealed until such time that the motion for reconsideration or protest has been resolved.

24.8 The PROCURING ENTITY shall prepare the minutes of the proceedings of the Bid

opening that shall include, as a minimum: (a) names of Bidders, their Bid price, Bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shall sign the abstract of Bids as read and the observers may witness the same. The minutes of the proceedings of the Bid opening shall be available to the public upon written request and payment of a specified fee to recover cost of materials.

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E. Evaluation and Comparison of Bids

25. Process to be Confidential

25.1 Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in ITB Clause 27.

25.2 Any effort by a bidder to influence the PROCURING ENTITY in the PROCURING

ENTITY’s decision in respect of Bid evaluation, Bid comparison or contract award will result in the rejection of the Bidder’s Bid.

26. Clarification of Bids

26.1 To assist in the evaluation, comparison and post qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the Procuring Entity shall not be considered

27. Detailed Evaluation and Comparison of Bids

27.1 The PROCURING ENTITY will undertake the detailed evaluation and comparison of Bids which have passed the opening and preliminary examination of Bids, pursuant to ITB Clause 28, in order to determine the Lowest Calculated Bid.

27.2 The methodology of evaluation to determine the Lowest Calculated Bid is indicated

in the BDS. 27.3 Bids shall be evaluated on an equal footing to ensure fair competition. For this

purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison.

27.4 The PROCURING ENTITY's BAC shall immediately conduct a detailed evaluation of

all Bids rated “passed,” using non-discretionary pass/fail criteria, which shall include consideration of the following:

(a) Completeness of the Bid. Unless the ITB specifically allow partial bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the PROCURING ENTITY; and

(b) Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of eligible bids. It may also consider bid modifications, if allowed in the BDS. Any adjustment shall be calculated in monetary terms to determine the calculated prices.

27.5 Unless otherwise indicated in the BDS, the PROCURING ENTITY’s evaluation of Bids shall only be based on the Bid price quoted in accordance with ITB Clause 16.

28. Post-Qualification

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28.1 The PROCURING ENTITY shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid is responsive to all the requirement and conditions specified in the ITB Clauses 5, 12, 13 and 14.

28.2 Within a non-extendible period of three (3) calendar days from receipt by the

Bidder of the Notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements:

(a) Tax clearance per Executive Order 398, Series of 2005; (b) Latest income and business tax returns in the form specified in the BDS. (c) Certificate of PhilGEPS Registration; (d) Other appropriate licenses and permits required by law and stated in the

BDS. (e) Failure of the Bidder declared as LCB to duly submit the requirements

under this Clause or a finding against the veracity as such, shall be ground for forfeiture of the Bid Security and disqualification of the Bidder for award.

28.3 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 12 and 13, as well as such other information as the PROCURING ENTITY deems necessary and appropriate.

28.4 If the BAC determines that the Bidder that the Bidder with the Lowest Calculated

Bid passes all the criteria for post qualification, it shall declare the said bid as the Lowest Calculated Responsive Bid and recommend to the Head of the Procuring Entity the award of the contract to the said Bidder at is submitted price or its calculated bid price, whichever is lower.

28.5 A negative determination shall result in rejection of the Bidder’s Bid, in which

event the PROCURING ENTITY shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder’s capabilities to perform satisfactorily. If the second Bidder, however, fails the post qualification, the procedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid, and so on until the Lowest Calculated and Responsive Bid is determined for contract award.

28.6 Within a period not exceeding seven (7) calendar days from the date of the

recommendation of the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. In the case of government owned and government-owned and/or controlled corporations (GOCCs) and government financial institutions (GFIs), the period herein shall be fifteen (15) calendar days.

29. Reservation Clause

29.1 Notwithstanding the eligibility or post qualification of a bidder, the Procuring Entity concerned, reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the Bidders capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misinterpretation made in the eligibility and bidding requirements, statements or documents, any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the present eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid from obtaining an award or contract.

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29.2 Based on the following grounds, the PROCURING ENTITY reserves the right to reject any and all Bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding:

(a) If there is prima facie evidence of collusion between appropriate public

officers or employees of the PROCURING ENTITY, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition;

(b) If the PROCURING ENTITY’s BAC is found to have failed in following the prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the award of the

contract will not redound to the benefit of the Government as follows:

i. if the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity;

i. if the project is no longer necessary as determined by the head of

the procuring entity; and

ii. if the source of funds for the project has been withheld or reduced through no fault of the PROCURING ENTITY.

29.3 In addition, the PROCURING ENTITY may likewise declare a Failure of Bidding

when:

(a) No bids are received;

(b) All prospective bidders are declared ineligible;

(c) All bids fail to comply with all the bid requirements or fail post-qualification; or

(d) The bidder with the Lowest Calculated Responsive Bid refuses, without justifiable cause to accept the award of contract, and no award is made.

F. Award of Contract

30. Contract Award

30.1 Subject to ITB Clause 30, the PROCURING ENTITY shall award the contract to the Bidder whose Bid has been determined to be substantially responsive and has been determined to be the Lowest Calculated and Responsive Bid.

30.2 Prior to the expiration of the period of Bid validity, the PROCURING ENTITY shall

notify the successful Bidder in writing that its Bid has been accepted, through a Notice of Award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the successful Bidder and submitted personally or sent by registered mail or electronically to the PROCURING ENTITY.

30.3 Notwithstanding the issuance of the Notice of Award, award of contract shall be

subject to the following conditions:

(a) Submission of the following documents within the prescribed period from receipt by the Bidder of the notice that it has the Lowest Calculated and Responsive Bid:

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i. Valid JVA, if applicable, within ten (10) calendar days;

ii. Valid PCAB license and registration for the type and cost of the

contract to be bid for foreign bidders, within thirty (30) calendar days, if allowed under a treaty of international or executive agreement mentioned in ITB Clause 12.1(a)iv

(b) Posting of the performance security in accordance with ITB Clause 33

(c) Signing of the contract as provided in ITB Clause 32; and

(d) Approval by higher authority, if required.

31. Signing of the Contract

31.1 At the same time as the PROCURING ENTITY notifies the successful Bidder that its Bid has been accepted, the PROCURING ENTITY shall send the Contract Form to the Bidder, which Contract has been provided in the Bidding Documents, incorporating therein all agreements between the parties.

31.2 Within ten (10) calendar days from receipt of the Notice of Award, the successful

Bidder shall sign and date the contract and return it to the PROCURING ENTITY. 31.3 The Procuring Entity shall enter into contract with the successful bidder within the

same ten (10) calendar day period provided that all documentary requirements are complied with.

31.4 The following documents shall form part of the contract:

(a) Contract Agreement

(b) Bidding Documents

(c) Winning bidder’s bid, including Eligibility requirements, Technical and Financial Proposals, and all other documents submitted;

(d) Performance Security

(e) Credit line in accordance with ITB Clause 5.5, if applicable

(f) Notice of Award of Contract; and

(g) Other contract documents that may be required by existing labor laws and/or

specified in the BDS.

32. Performance Security

32.1 To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall post within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the PROCURING ENTITY and in no case later than the signing of the contract.

32.2 The performance security shall be denominated in Philippine Pesos and posted in

favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedules:

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Form of Performance Security Amount of Performance Security (Equal to Percentage of the Total

Contract Price)

a) Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank

Five Percent (5%) b) Bank draft/guarantee or irrevocable

letter of credit issued by a Universal or Commercial Bank; Provided however it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a Foreign Bank

c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.

Thirty Percent (30%)

d) Any combination of the foregoing Proportionate to share of form with respect to total amount of security

32.3 Failure of the successful Bidder to comply with the above mentioned requirement

shall constitute sufficient ground for the annulment of the award and forfeiture of the Bid security, in which event the PROCURING ENTITY shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall be repeated until the Lowest Calculated and Responsive Bid is identified and selected for contract award. However if no Bidder passed post-qualification, the BAC shall declare the bidding a failure and conduct a re-bidding with re-advertisement.

33. Notice to Proceed

33.1 Within seven (7) calendar days from the date of approval of the Contract by the appropriate government approving authority, the PROCURING ENTITY shall issue its Notice to Proceed to the successful Supplier.

33.2 The date of the Supplier’s receipt of the Notice to Proceed will be regarded as the

effective date of the Contract, unless otherwise specified in the BDS.

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Section III. Bid Data Sheet

25

Bid Data Sheet

ITB Clause

1.1

The PROCURING ENTITY is the

GUIMBA WATER DISTRICT (GWD)

2.1

The Funding Source is:

GWD INTERNAL CASH GENERATION AND UNDER THE F.Y. 2020 CORPORATE OPERATING BUDGET

The name of the Project is:

SUPPLY AND DRILLING OF ONE (1) ONE HUNDRED THIRTY METERS (130M)

EXPLORATORY/PRODUCTION WELL AT BARANGAY NARVACAN I, GUIMBA, NUEVA ECIJA

5.1 No further instructions.

5.2 Bidding is restricted to eligible bidders as defined in ITB Clause 5.1

5.4

The Bidder must have completed, within five (5) years from the submission of bids, a single contract that is similar to this Project, or equivalent to at least fifty percent (50%) of the ABC.

For this purpose, similar contracts shall refer to :

Supply and Drilling of Exploratory/Production Well for LOCAL WATER DISTRICTS.

5.5 No further instructions.

6.3 No further instructions.

7.1 No further instructions.

8.1 Subcontracting is not allowed.

8.1 No further instructions.

9.1

The Date and Venue of the Pre-Bid Conference is:

On November 18, 2020, 1:00 PM;

At the Office of the BAC – Guimba Water District, Corner Faigal and Danzalan Streets , Sta. Veronica District, Guimba, Nueva Ecija

10.1

The PROCURING ENTITY’s address is: GUIMBA WATER DISTRICT,

Corner Faigal and Danzalan Streets , Sta. Veronica District, Guimba, Nueva Ecija

12.1

There will be an eligibility check to determine the eligibility of bidders which should be submitted on or before the deadline specified in the Invitation to Bid. A Bidder who maintains a current and updated file of his Class “A” Documents shall be issued a certification by the BAC to that effect, which certification may be submitted to the procuring entity concerned in lieu of the foregoing Class “A” documents.

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12.1(a) No acceptable proof of registration is recognized

12.1(c) The statement of all ongoing and completed government and private contracts shall include all such contracts within five years prior to the deadline for the submission and receipt of bids.

12.1(e)

Submission of the following documents:

- National Water Resources Board (NWRB) Certification as Well Driller

- Certificate of Well Driller’s Association of the Philippines (WELDAPHIL)

12. 1(b).2

List of Contractor’s Key Personnel:

- PROJECT MANAGER / DRILLING ENGINEER

- FOREMEN/DRILLERS/WORKERS.

12.1(b).3 “Not Required”

13.1(b).4

Submission of the following bidding documents:

- Construction schedule and S-curve

- Manpower schedule

- Construction methods

- Equipment utilization schedule

- Construction Safety and health program

13.1 No additional requirements.

13.2 The ABC is Three Million Five Hundred Twenty Thousand Pesos and 00/100 (Php3,520,000.00)

15.4 Bid Prices shall be fixed. Adjustable price proposals shall be treated as non-responsive and shall be rejected.

16.1 The Bid prices shall be quoted in Philippine Pesos.

17.1 Bids will be valid for 120 calendar days.

18.1

The bid security shall be in the following form and amount:

1. (2% of the ABC) cash, cashier’s/managers check, bank draft/guarantee or irrevocable letter of credit

2. (5% of the ABC) Surety bond callable upon demand issued by a surety or insurance commission as authorized to issue such security

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18.5(a) iv

Additional grounds for forfeiture of bid security:

• Submission of eligibility requirements containing false information or falsified documents.

• Submission of Bids that contain false information or falsified

documents, or the concealment of such information in the Bids in order to influence the outcome of eligibility screening or any other stage of the public bidding.

• Allowing the use of one’s name, or using the name of another for

purposes of public bidding. • Withdrawal of a bid, or refusal to accept an award, or enter into

contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid.

• Refusal to clarify or validate in writing its Bid during post-

qualification within a period of seven (7) calendar days from receipt of the request for clarification.

• Any documented unsolicited attempt by a bidder to unduly influence

the outcome of the bidding in his favor. • All other acts that tend to defeat the purpose of the competitive

bidding, such as an eligible contractor not buying bid documents, and contractors habitually withdrawing from bidding or submitting letters of non-participation for at least three (3) times within a year, except for valid reasons.

18.5 b)iii No further instructions.

20.1 No further instructions.

20.3 Each Bidder shall submit one (1) original and one (1) copy of the first and second components of its bid.

21.1

The Address for Submission of Bids is GUIMBA WATER DISTRICT,

Corner Faigal and Danzalan Streets, Sta. Veronica District, Guimba, Nueva Ecija

The deadline for Submission of Bids is on November 30, 2020, 12:00 Noon

24.1

The place of Bid opening is GUIMBA WATER DISTRICT,

Corner Faigal and Danzalan Streets, Sta. Veronica District, Guimba, Nueva Ecija

The date and time of Bid opening is on November 30, 2020, 1:00 pm

25.1 No further instructions.

27.3 No further instructions.

27.3b

Bid modification is not allowed

27.5 No further instructions

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28.2 b)

Submission of manually filed tax returns or tax returns filed through the Electronic Filing and Payments System (EFPS)

Note: The Latest income and business tax returns are those within the last six (6) months preceding the date of bid submission.

28.2 d) No further instructions.

30.4 g) No other documents required

33.2

The effective date of the Contract is on the date on which the Notice to Proceed is received by the Contractor.

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Section IV. GENERAL CONDITIONS

OF CONTRACT

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GENERAL CONDITIONS OF THE CONTRACT

1. Definitions

1.1 Boldface type is used to identify defined terms.

1.2 The Contractor’s Bid is the completed bidding document submitted by the Contractor to the PROCURING ENTITY.

1.3 Bill of Quantities means the priced and completed Bill of Quantities forming part

of the Bid.

1.4 The Contract is the Contract between the PROCURING ENTITY and the Contractor to execute, complete and maintain the Works. It consists of the documents listed in GCC Sub-Clause 2.3 below.

1.5 The Contract Price is the price stated in the Letter of Acceptance and thereafter

as adjusted in accordance with the provisions of the Contract.

1.6 Day works are varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.

1.7 Drawings include calculations and other information provided or approved by

the Procuring Entity’s Engineer for the execution of the Contract.

1.8 Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Procuring Entity’s Engineer.

1.9 The Arbiter is the person appointed jointly by the PROCURING ENTITY and the

Contractor to resolve disputes in the first instance, as provided for in GCC Clause 19 hereunder.

1.10 The Contractor is a person or corporate body whose Bid to carry out the Works

has been accepted by the PROCURING ENTITY.

1.11 The PROCURING ENTITY is the party who employs the Contractor to carry out the Works stated in the SCC.

1.12 A Subcontractor is a person or corporate body who has a Contract with the

Contractor to carry out a part of the work in the Contract, which includes work on the Site.

1.13 The Procuring Entity’s Engineer is the person named in the SCC (or any other

competent person appointed by the PROCURING ENTITY and notified to the Contractor, to act in replacement of the PROCURING ENTITY’s Engineer) who is responsible for supervising the execution of the Works and administering the Contract.

1.14 The Start Date is given in the SCC. It is the latest date when the Contractor shall

commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.

1.15 The Intended Completion Date is the date on which it is intended that the

Contractor shall complete the Works. The Intended Completion Date is specified in the SCC. The Intended Completion Date may be revised only by the PROCURING ENTITY’s Engineer by issuing an extension of time or an acceleration order.

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1.16 Days are calendar days; months are calendar months.

1.17 The Defects Liability Period is the one year period between project completion and final acceptance within which the Contractor assumes the responsibility to undertake the repair of any damage to the Works at his own expense.

1.18 The Defects Liability Certificate is the certificate issued by the PROCURING

ENTITY’s Engineer upon correction of defects by the Contractor. 1.19 The Notice to Proceed is a written notice issued by the Procuring Entity or the

Procuring Entity’s Representative to the Contractor requiring the latter to begin the commencement of the work not later than a specified or determinable date.

1.20 Permanent Works all permanent structures and all other project features and

facilities required to be constructed and completed in accordance with this Contract which shall be delivered to the Procuring Entity and which shall remain at the Site after the removal of all Temporary Works.

1.21 The Completion Date is the date of completion of the Works as certified by the

PROCURING ENTITY’s Engineer, in accordance with GCC Clause 50.

1.22 The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provision of the Contract.

1.23 Compensation Events are those defined in GCC Clause 44 hereunder.

1.24 Equipment refers to all facilities, supplies, appliances, materials or things

required for the execution and completion of the Work provided by the Contractor and which shall not form or are not intended to form part of the Permanent Works.

1.25 A Defect is any part of the Works not completed in accordance with the Contract.

1.26 Materials are all supplies, including consumables, used by the Contractor for

incorporation in the Works.

1.27 Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function.

1.28 The Site is the area defined as such in the SCC.

1.29 Site Investigation Reports are those that were included in the Bidding

Documents and are factual and interpretative reports about the surface and subsurface conditions at the Site.

1.30 Temporary Works are works designed, constructed, installed and removed by

the Contractor that are needed for construction or installation of the Works.

1.31 A Variation is an instruction given by the PROCURING ENTITY’s Engineer which varies the Works.

1.32 The Works refer to the Permanent Works and Temporary Works to be executed

by the Contractor in accordance with this Contract, including (i) the furnishing of all labor, materials, equipment and others incidental, necessary or convenient to the complete execution of the Works; (ii) and the carrying out of all duties and obligations of the Contractor imposed by this Contract as described in the SCC.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The PROCURING ENTITY’s Engineer will provide instructions clarifying queries about these Conditions of Contract.

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2.2 If sectional completion is specified in the SCC, references in the Conditions of the

Contract to the Works, the Completion Date, and the Intended Completion Date 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. Governing Language and Law

3.1 This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract which are exchanged by the parties shall be written in English.

3.2 This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines.

4. Communications

4.1 Communications between parties that are referred to in the Conditions shall be effective only when in writing. A notice shall be effective only when it is received by the concerned party.

5. Possession of Site

5.1 On the date specified in the SCC, the PROCURING ENTITY shall grant the Contractor possession of so much of the Site as may be required to enable it to proceed with the execution of the Works. If the contractor suffers delay or incur 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 sum as fair to cover the cost incurred, which sum shall be paid the procuring entity.

5.2 If possession of a part is not given by the date stated in the SCC, the PROCURING ENTITY will be deemed to have delayed the start of the relevant activities. The resulting adjustment in the contract time to address such delay shall be in accordance with GCC Clause 47.

5.3 The Contractor shall bear all costs and charges for special or temporary right-of-

way required it in connection with access to the site. The Contractor shall also provide at his own cost any additional facilities outside the Site required by it for purposes of the Works.

5.4 The Contractor shall allow the PROCURING ENTITY’s Representative and any

person authorized by the PROCURING ENTITY’s Representative’s access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.

6. The Contractors Obligations

6.1 The Contractor shall carry out the Works properly and in accordance with the Contract. The Contractor shall provide all supervision, labor, materials, plant and Contractor’s Equipment, which may be required. All Materials and Plant on Site shall be deemed to be the property of the PROCURING ENTITY.

6.2 The Contractor shall commence execution of the Works on the Start Date and

shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the PROCURING ENTITY’s Engineer, and complete them by the Intended Completion Date.

6.3 The Contractor shall be responsible for the safety of all activities on the Site.

6.4 The Contractor shall carry out all instructions of the PROCURING ENTITY’s

Engineer that comply with the applicable laws where the Site is located.

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6.5 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as referred to in the SCC, to carry out the supervision of the Works. 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.

6.6 If the PROCURING ENTITY’s Engineer asks the Contractor to remove a person

who is a member of the Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

6.7 During continuance of the contract, the Contractor and his subcontractors shall

abide at all times by all labor laws, including child labor related enactments, and other relevant rules.

6.8 The Contractor shall submit to the PROCURING ENTITY for consent the name and

particulars of the person authorized to receive instructions on behalf of the Contractor.

6.9 The Contractor shall cooperate and share the Site with other contractors, public

authorities, utilities and the PROCURING ENTITY between the dates given in the Schedule of Other Contractors, as referred to in the SCC. The Contractor shall also provide facilities and services for them as described in the Schedule. The PROCURING ENTITY may modify the Schedule of Other Contractors and shall notify the Contractor of any such modification.

6.10 Should anything of historical or other interest or of significant value is

unexpectedly discovered on the Site, it shall be the property of the PROCURING ENTITY. The Contractor shall notify the PROCURING ENTITY’s Engineer of such discoveries and carry out the PROCURING ENTITY’s Engineer’s instructions for dealing with them.

7. Performance Security

7.1 Unless otherwise specified in the SCC, 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 Contractor shall furnish the performance security in any of the forms prescribed in ITB Clause 32.2.

7.2 The Performance Security posted in favor of the Procuring Entity shall be forfeited in the vent it is established that the Contractor is in default in any of its obligations under the Contract.

7.3 The Performance Security shall remain valid until issuance by the Procuring

Entity of the Certificate of Final Acceptance. 7.4 The Performance Security may be released by the Procuring Entity and returned

to the Contractor after the issuance of the Certificate of Final Acceptance subject to the following conditions:

(a) There are no pending claims against the Contractor or the surety

company filed by the Procuring Entity;

(b) The Contractor has no pending claims for labor and materials filed against it; and

(c) Other terms specified in the SCC.

7.5 The Contractor shall post an additional performance security following the

amount and form specified in the ITB Clause 32.2 to cover any cumulative increase of more than ten percent (10%) over the original value of the contract as a result of amendments to order change orders, extra work orders an supplemental agreements, as the case may be. The Contractor shall cause the

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extension of the validity of the performance security to approved contract time extensions.

7.6 In case of a reduction in the contract value or for partially completed Works under the contract which are usable and accepted by the Procuring Entity the use of which, in the judgment of the implementing agency or the Procuring Entity, will not affect the structural integrity of the entire project, the Procuring Entity shall allow a proportional reduction in the original performance security, provided that any such reduction is more than ten percent (10%) and the aggregate of such reductions is not more than fifty percent (50%) of the original performance security.

7.7 The Contractor by entering into the Contract with the Procuring Entity,

acknowledges the right of the Procuring Entity to institute action pursuant to Act 3188 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.

8. Sub-Contracting

8.1 Unless otherwise indicated in the SCC, the contractor cannot subcontract Works more than the percentage specified in ITB Clause 8.1.

8.2 Subcontracting of any portion of the Works does not relieve the contractor of any liability or obligation under the contract. The Contractor may be responsible for the acts, defaults and neglects of any subcontractor, his agents, servants or workmen as fully as if these were its own acts, defaults or neglects of the contractor, or those of its agents, servants or workmen.

8.3 Subcontractors disclosed and identified during the bidding may be changed

during the implementation of this contract, subject to the compliance with the required qualifications and the approval of the Procuring Entity.

9. Liquidated Damages

9.1 The Contractor shall pay liquidated damages to the PROCURING ENTITY at the rate per day stated in the SCC for each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages shall not exceed the amount defined in the SCC. The PROCURING ENTITY may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, the PROCURING ENTITY shall rescind the contract, without prejudice to other courses of action and remedies open to it.

9.2 If the Intended Completion Date is extended after liquidated damages have been

paid, the Engineer of the PROCURING ENTITY shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in GCC Clause 40.1.

10. Site Investigation Reports

10.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports referred to in the SCC pursuant to GCC Clause 2.3, supplemented by any information obtained by the Contractor.

11. The PROCURING ENTITY, Licenses and Permits

11.1 The PROCURING ENTITY shall, if requested by the Contractor, assist him in applying for permits, licenses or approvals, which are required for the Works.

12. Contractor’s Risk and Warranty Security

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12.1 The contractor shall assume full responsibility for the contract work from the

time project construction commenced up to final acceptance by the government and shall be held responsible for any damage or destruction of the works except those occasioned by force majeure. The contractor shall be fully responsible for the safety, protection, security and convenience of his personnel, third parties, and the public at large, as well as the works, equipment, installation and the like to be affected by his construction work and shall be required to put up a warranty security in the form of cash, bank guarantee, letter of credit, GSIS or surety bond callable on demand, in accordance with the following schedule:

Form of Warranty

Minimum Amount in % of Total Contract Price

1. Cash deposit, cash bond or letter of credit Ten percent (10%)

2. Bank guarantee Ten percent (10%)

3. Surety bond Thirty percent (30%)

The warranty security shall be stated in Philippine Pesos, shall remain effective during the applicable warranty period as provided in SCC, and shall be returned only after the lapse of the said warranty period.

13. PROCURING ENTITY’s Risk

13.1 From the Start Date until the Certificate of Final Acceptance has been issued, the following are risks of the PROCURING ENTITY:

(a) The risk of personal injury, death, or loss of or damage to property (excluding

the Works, Plant, Materials, and Equipment), which are due to: i any type or use or occupation of the Site authorized by the

PROCURING ENTITY after the official acceptance of the works; or

ii negligence, breach of statutory duty, or interference with any legal right by the PROCURING ENTITY or by any person employed by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to the

extent that it is due to a fault of the PROCURING ENTITY or in the PROCURING ENTITY’s design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed.

14. Insurance

14.1 The Contractor shall provide, in the joint names of the PROCURING ENTITY and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the SCC for the following events which are due to the Contractor’s risks: (a) Loss of or damage to the Works, Plant, and Materials;

(b) Loss of or damage to Equipment;

(c) Loss of or damage to property (except the Works, Plant, Materials, and

Equipment) in connection with the Contract; and

(d) Personal injury or death.

14.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer of the PROCURING ENTITY for his approval before the approval of the contract. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

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14.3 Alterations to the terms of insurance shall not be made without the approval of

the PROCURING ENTITY’s Engineer.

14.4 Both parties shall comply with any conditions of the insurance policies.

14.5 If the Contractor does not provide any of the policies and certificates required, the PROCURING ENTITY may affect the insurance which the Contractor should have paid from payments otherwise due to the Contractor or if no payment is due, the payment of the premiums shall be a debt due.

15. Default by Contractor

15.1 If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the PROCURING ENTITY or fails to proceed expeditiously and without delay or is, despite a written complaint, in breach of the Contract, the PROCURING ENTITY may give notice referring to this Clause and stating the default.

15.2 If the Contractor has not taken all practicable steps to remedy the default within

fourteen (14) days after the Contractor’s receipt of the PROCURING ENTITY’s notice, the PROCURING ENTITY may, by a second notice given within a further twenty one (21) days, rescind the Contract. The Contractor shall then demobilize from the Site leaving behind Materials and Plant.

15.3 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be

deemed to be the property of the PROCURING ENTITY if the Contract is rescinded because of the Contractor’s default.

16. Default by PROCURING ENTITY

16.1 If the PROCURING ENTITY fails to pay in accordance with the Contract, or is, despite a written complaint, in breach of the Contract, the Contractor may give notice referring to this Clause and stating the default. If the default is not remedied within seven (7) days after the PROCURING ENTITY’s receipt of this notice, the Contractor may suspend the execution of all or parts of the Works.

16.2 If the default is not remedied within twenty eight (28) days after the PROCURING

ENTITY’s receipt of the Contractor’s notice, the Contractor may, by a second notice given within a further twenty one (21) days, terminate the Contract. The Contractor shall then demobilize from the Site.

17. Termination

17.1 The PROCURING ENTITY or the contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

17.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:

(a) the Contractor stops work for twenty eight (28) days when no stoppage of

work is shown on the current Program and the stoppage has not been authorized by the PROCURING ENTITY’s Engineer;

(b) the PROCURING ENTITY’s Engineer instructs the Contractor to delay the

progress of the Works, and the instruction is not withdrawn within twenty eight (28) days;

(c) the PROCURING ENTITY of the Contractor is made bankrupt or goes into

liquidation other than for a reconstruction or amalgamation. In the case of the Contractor’s insolvency, any Contractor’s Equipment which the PROCURING ENTITY instructs in the notice is to be used until the completion of the Works;

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(d) a payment certified by the PROCURING ENTITY’s Engineer is not paid by the PROCURING ENTITY to the Contractor within eighty four (84) days from the date of the PROCURING ENTITY’s Engineer’s certificate;

(e) the PROCURING ENTITY’s Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the PROCURING ENTITY’s Engineer;

(f) the Contractor does not maintain a Security, which is required;

(g) the Contractor has delayed the completion of the Works by the number of

days for which the maximum amount of liquidated damages can be paid, as defined in the SCC; and

(h) if the Contractor, in the judgment of the PROCURING ENTITY has engaged in

corrupt, coercive, collusive or fraudulent practices in competing for or in executing the Contract.

17.3 For the purpose of GCC Clause 17.2 (h) corrupt and fraudulent practices are

defined as follows:

i. “corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby;

ii. “fraudulent practice” means a misrepresentation of facts in order to influence

a procurement process or the execution of a contract to the detriment of the borrower, and includes collusive practices among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial, non-competitive levels and to deprive the borrower of the benefits of free and open competition.

iii. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of the PROCURING ENTITY, designed to establish Bid prices at artificial, non-competitive levels;

iv. “coercive practice” means harming or threatening to harm, directly or

indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract.

17.4 The Funding Source, Borrower or PROCURING ENTITY, as appropriate, will seek

to impose the maximum civil, administrative and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with corrupt or fraudulent practices.

17.5 When either party to the Contract gives notice of a breach of Contract to the

PROCURING ENTITY’s Engineer for a cause other than those listed under Clause 17.2 above, the PROCURING ENTITY’s Engineer shall decide whether the breach is fundamental or not.

17.6 If the Contract is terminated, the Contractor shall stop work immediately, make

the Site safe and secure, and leave the Site as soon as reasonably possible. 18. Force Majeure, Release From Performance

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18.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the PROCURING ENTITY or the Contractor, the PROCURING ENTITY’s Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.

18.2 If the event continues for a period of eighty four (84) days, either Party may then

give notice of termination, which shall take effect twenty eight (28) days after the giving of the notice.

18.3 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 sums to which the Contractor is entitled under GCC Clause 271.27.1; (b) the Cost of his suspension and demobilization; (c) any sums to which the PROCURING ENTITY is entitled.

18.4 The net balance due shall be paid or repaid within twenty eight (28) days of the

notice of termination.

19. Resolution of Disputes

19.1 If the Contractor believes that a decision taken by the PROCURING ENTITY’s Engineer was either outside the authority given to the PROCURING ENTITY’s Engineer by the Contract or that the decision was wrongly taken, the decision shall be referred to the Arbiter indicated in the SCC within fourteen (14) days of the notification of the PROCURING ENTITY’s Engineer’s decision.

19.2 Any and all disputes arising from the implementation of a contract covered by the

Act and this IRR-A shall be submitted to arbitration in the Philippines according to the provisions of Republic Act No. 876, otherwise known as the “Arbitration Law”: Provided, however, That, disputes that are within the competence of the Construction Industry Arbitration Commission to resolve shall be referred thereto. The process of arbitration shall be incorporated as a provision in the contract that will be executed pursuant to the provisions of the Act and this IRR-A: Provided, further, That, by mutual agreement, the parties may agree in writing to resort to other alternative modes of dispute resolution.

20. Suspension of Loan, Credit or Appropriation

20.1 In the event that the Funding Source suspends the Loan, Credit or Appropriation to the PROCURING ENTITY, from which part of the payments to the Contractor are being made:

(a) The PROCURING ENTITY is obligated to notify the Contractor of such

suspension within seven (7) days of having received the suspension notice.

(b) If the Contractor has not received sums due it within the twenty eight (28) days for payment provided for in GCC Clause 40.1, the Contractor may immediately issue a 14-day termination notice.

21. PROCURING ENTITY’s Engineer’s Decisions

21.1 Except where otherwise specifically stated, the PROCURING ENTITY’s Engineer will decide contractual matters between the PROCURING ENTITY and the Contractor in the role representing the PROCURING ENTITY.

21.2 The PROCURING ENTITY’s Engineer may delegate any of his duties and

responsibilities to other people, except to the Arbiter, after notifying the Contractor and may cancel any delegation after notifying the Contractor.

22. Queries About Special Conditions of Contract

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22.1 The PROCURING ENTITY’s Engineer will clarify queries on the SCC.

23. Approval of Drawings and Works by the PROCURING ENTITY’s Engineer

23.1 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the PROCURING ENTITY’s Engineer before this use.

23.2 The Contractor shall be responsible for design of Temporary Works.

23.3 The PROCURING ENTITY’s Engineer’s approval shall not alter the Contractor’s

responsibility for design of the Temporary Works.

23.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, when required by the PROCURING ENTITY.

24. Acceleration and Delays Ordered by the PROCURING ENTITY’s Engineer

24.1 When the PROCURING ENTITY wants the Contractor to finish before the Intended Completion Date, the PROCURING ENTITY’s Engineer will obtain priced proposals for achieving the necessary acceleration from the Contractor. If the PROCURING ENTITY accepts these proposals, the Intended Completion Date will be adjusted accordingly and confirmed by both the PROCURING ENTITY and the Contractor.

24.2 If the Contractor’s Financial Proposals for acceleration are accepted by the

PROCURING ENTITY, they are incorporated in the Contract Price and treated as a Variation.

25. Extension of the Intended Completion Date

25.1 The PROCURING ENTITY’s Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.

25.2 The PROCURING ENTITY’s Engineer shall decide whether and by how much to

extend the Intended Completion Date within twenty one (21) days of the Contractor asking the PROCURING ENTITY’s Engineer for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

26. Right to Vary

26.1 The PROCURING ENTITY’s Engineer with the prior approval of the PROCURING ENTITY may instruct Variations, up to a maximum cumulative amount of ten percent (10%) of the original contract cost.

26.2 Variations shall be valued as follows:

a. At a lump sum price agreed between the Parties, or

b. where appropriate, at rates in the Contract, or

c. in the absence of appropriate rates, the rates in the Contract shall be used as

the basis for valuation, or failing which

d. at appropriate new rates, as may be agreed or which the PROCURING ENTITY considers appropriate.

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27. Contractor’s Right to Claim

27.1 If the Contractor incurs cost as a result of any of the PROCURING ENTITY’s Risk events, the Contractor shall be entitled to the amount of such cost. If as a result of any of the PROCURING ENTITY’s Risk events, it is necessary to change the Works, this shall be dealt with as a Variation.

28. Day Works

28.1 If applicable as indicated in the SCC, the Day works rates in the Contractor’s Bid shall be used for small additional amounts of work only when the PROCURING ENTITY’s Engineer has given written instructions in advance for additional work to be paid for in that way.

28.2 All woks to be paid for as Dayworks shall be recorded by the Contractor on forms

approved by the PROCURING ENTITY’s Engineer. Each completed form shall be verified and signed by the PROCURING ENTITY’s Engineer within two days of the work being done.

28.3 The Contractor shall be paid for day works subject to obtaining signed day works

forms. 29. Early Warning

29.1 The Contractor shall warn the PROCURING ENTITY’s Engineer at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution of the Works. The PROCURING ENTITY’s Engineer may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible.

29.2 The Contractor shall cooperate with the PROCURING ENTITY’S engineer in

making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in varying out any resulting instruction of the PROCURING ENTITY’s Engineer.

30. Program of Work

30.1 Within the time stated in the SCC, the Contractor shall submit to the PROCURING ENTITY’s Engineer for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works.

30.2 An update of the Program shall be a program showing the actual progress

achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities.

30.3 The Contractor shall submit to the PROCURING ENTITY’s Engineer for approval

an updated Program at intervals no longer than the period stated in the SCC. If the Contractor does not submit an updated Program within this period, the PROCURING ENTITY’s Engineer 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 has been submitted.

30.4 The PROCURING ENTITY’s Engineer’s approval of the Program shall not alter the

Contractor’s obligations. The Contractor may revise the Program and submit it to the PROCURING ENTITY’s Engineer again at any time. A revised Program shall show the effect of Variations and Compensation Events.

30.5 When the Program is updated, the Contractor shall provide the PROCURING

ENTITY’s Engineer with an updated cash flow forecast. The cash flow forecast

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shall include different currencies, as defined in the Contract, converted as necessary using the Contract exchange rates.

30.6 All Variations shall be included in updated Programs produced by the Contractor.

31. Management Conferences

31.1 Either the PROCURING ENTITY’S Engineer or the Contractor may require the other to attend a management Conference. The management Conference shall review the plans for remaining work and deal with matters raised in accordance with the early warning procedure.

31.2 The PROCURING ENTITY’s Engineer shall record the business of management

Conferences and provide copies of the record to those attending the Conference and to the PROCURING ENTITY. The responsibility of the parties for actions to be taken shall be decided by the PROCURING ENTITY’s Engineer either at the management Conference and stated in writing to all who attended the Conference.

32. Bill of Quantities

32.1 The Bill of Quantities shall contain items of work for the construction, installation, testing and commissioning of work to be done by the Contractor.

32.2 The Bill of Quantities is used to calculate the Contract price. The Contractor is

paid for the quantity of the work done at the rate in the Bill of Quantities for each item.

33. Changes in Quantities

33.1 If the quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than twenty five percent (25%), provided the change exceeds one percent (1%) of the Initial Contract Price, the PROCURING ENTITY’s Engineer shall adjust the rate to allow for the change.

33.2 The PROCURING ENTITY’s Engineer shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than fifteen percent (15%), except with the prior approval of the PROCURING ENTITY.

33.3 If requested by the PROCURING ENTITY’s engineer, the Contractor shall provide the PROCURING ENTITY’s Engineer with a detailed cost breakdown of any rate in the Bill of Quantities.

34. Instructions, Inspections and Audits

34.1 The PROCURING ENTITY’s personnel shall at all reasonable times during construction of the Work be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of the construction.

34.2 If the PROCURING ENTITY’s Engineer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a Compensation Event.

34.3 The Contractor shall permit the Funding Source named in the SCC to inspect the

Contractor’s accounts and records relating to the performance of the Contractor and to have audited by auditors appointed by the Funding Source, if so required by the Funding Source.

35. Identifying Defects

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35.1 The PROCURING ENTITY’s Engineer shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The PROCURING ENTITY’s Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the PROCURING ENTITY’s Engineer considers may have a Defect.

36. Cost of Repairs

36.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Liability Periods shall be remedied by the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.

37. Correction of Defects

37.1 The PROCURING ENTITY’s Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the SCC. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

37.2 Every time notice of a Defect is given, the Contractor shall correct the notified

Defect within the length of time specified in the PROCURING ENTITY’s Engineer’s notice.

37.3 The Contractor shall correct the Defects which he notices himself before the end

of the Defects Liability Period.

37.4 The PROCURING ENTITY shall certify that all Defects have been corrected. If the PROCURING ENTITY considers that correction of a Defect is not essential, he can request the Contractor to submit a quotation for the corresponding reduction in the Contract Price. If the PROCURING ENTITY accepts the quotation, the corresponding change in the SCC is a Variation.

38. Uncorrected Defects

38.1 The PROCURING ENTITY shall give the Contractor at least fourteen (14) day’s notice of his intention to use a third party to correct a Defect. If the Contractor does not correct the Defect himself within the period, the PROCURING ENTITY may have the Defect corrected by the third party. The cost of the correction will be deducted from the Contract Price.

38.2 The use of a third party to correct defects that are uncorrected by the Contractor

will in no way relieve the Contractor of its liabilities and warranties under the Contract.

39. Advance Payment

39.1 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 equal to 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.

39.2 The advance payment shall be made only upon the submission to and acceptance

by the PROCURING ENTITY of an irrevocable standby letter of credit of equivalent value from a commercial bank, a bank guarantee or a surety bond callable upon demand, issued by a surety or insurance company duly licensed by the Insurance Commission and confirmed by the PROCURING ENTITY.

39.3 The advance payment shall be repaid by the contractor by deducting fifteen

percent (15%) from his periodic progress payments.

39.4 The contractor may reduce his standby letter of credit or guarantee instrument by the amounts refunded by the Monthly Certificates in the advance payment.

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40. Progress Payments

40.1 Payments shall be adjusted by deducting there from the amounts for advance payments and retention. The PROCURING ENTITY shall pay the Contractor the amounts certified by the PROCURING ENTITY’s Engineer within twenty eight (28) days of the date of each certificate. If the PROCURING ENTITY delays payment, the Contractor shall be paid interest on such payment. Interest shall be calculated from the date by which the payment is made at the prevailing rate of interest indicated in the SCC.

40.2 If an amount certified is increased in a later certificate or as a result of an award

by the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.

40.3 Unless otherwise stated, all payments and deductions will be paid or charged in

the proportions of currencies comprising the Contract Price.

40.4 Items of the Works for which no rate or price has been entered in will not be paid for by the PROCURING ENTITY and shall be deemed covered by other rates and prices in the Contract.

41. Payment Certificates

41.1 The Contractor shall submit to the PROCURING ENTITY’s Engineer monthly statements of the estimated value of the work executed less the cumulative amount certified previously.

41.2 The PROCURING ENTITY’s Engineer shall check the Contractor’s monthly

statement and certify the amount to be paid to the Contractor.

41.3 The value of work executed shall be determined by the PROCURING ENTITY’s Engineer.

41.4 The value of work executed shall comprise the value of the quantities of the items

in the Bill of Quantities completed.

41.5 The value of work executed shall include the valuations of approved Variations.

41.6 The PROCURING ENTITY’s Engineer may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.

42. Retention

42.1 The PROCURING ENTITY shall retain from each payment due to the Contractor the proportion and time period stated in the SCC.

42.2 Progress payments are subject to retention of ten percent (10%) referred to as

the “retention money.” Such retention shall be based on the total amount due to the contractor prior to any deduction and shall be retained from every progress payment until fifty percent (50%) of the value of works, as determined by the procuring entity, are completed. If, after fifty percent (50%) completion, the work is satisfactorily done and on schedule, no additional retention shall be made; otherwise, the ten percent (10%) retention shall be imposed.

The total “retention money” shall be due for release upon final acceptance of the works. The contractor may, however, request the substitution of the retention money for each progress billing with irrevocable standby letters of credit from a commercial bank, bank guarantees or surety bonds callable on demand, of amounts equivalent to the retention money substituted for and acceptable to

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Government, provided that the project is on schedule and is satisfactorily undertaken. Otherwise, the ten percent (10%) retention shall be made. Said irrevocable standby letters of credit, bank guarantees and/or surety bonds, to be posted in favor of the Government shall be valid for a duration to be determined by the concerned implementing office/agency or PROCURING ENTITY and will answer for the purpose for which the ten percent (10%) retention is intended, i.e., to cover uncorrected discovered defects and third party liabilities.

42.3 On completion of the whole Works, the Contractor may substitute retention

money with an “on demand” Bank guarantee in a form acceptable to the PROCURING ENTITY.

43. Payments for Variations

43.1 Variation Orders may be issued by the PROCURING ENTITY to cover any increase/decrease in quantities, including the introduction of new work items that are not included in the original contract or reclassification of work items that are either due to change of plans, design or alignment to suit actual field conditions resulting in disparity between the pre-construction plans used for purposes of bidding and the “as staked plans” or construction drawings prepared after a joint survey by the contractor and the Government after award of the contract, provided that the cumulative amount of the Variation Order does not exceed ten percent (10%) of the original project cost. The addition/deletion of works should be within the general scope of the project as bid and awarded. A Variation Order may either be in form of a change order or extra work order.

43.2 A Change Order may be issued by the implementing official to cover any

increase/decrease in quantities of original work items in the contract.

43.3 An Extra Work Order may be issued by the implementing official to cover the introduction of new work necessary for the completion, improvement or protection of the project which were not included as items of work in the original contract, such as, where there are subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or where there are duly unknown physical conditions at the site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work or character provided for in the contract.

43.4 Any cumulative Variation Order beyond ten percent (10%) shall be subject of

another contract to be bid out if the works are separable from the original contract. In exceptional cases where it is urgently necessary to complete the original scope of work, the head of the PROCURING ENTITY may authorize the variation order beyond ten percent (10%) but not more than twenty percent (20%) subject to the guidelines to be determined by the GPPB: Provided, however, That appropriate sanctions shall be imposed on the designer, consultant or official responsible for the original detailed engineering design which failed to consider the Variation Order beyond ten percent (10%).

43.5 In claiming for any Variation Order, the contractor shall, within seven (7)

calendar days after such work has been commenced or after the circumstances leading to such condition(s) leading to the extra cost, and within twenty-eight (28) calendar days deliver a written communication giving full and detailed particulars of any extra cost in order that it may be investigated at that time. Failure to provide either of such notices in the time stipulated shall constitute a waiver by the contractor for any claim. The preparation and submission of Variation Orders are as follows: a. If the Project Engineer believes that a Change Order or Extra Work Order

should be issued, he shall prepare the proposed Order accompanied with the notices submitted by the contractor, the plans therefore, his computations as to the quantities of the additional works involved per item indicating the specific stations where such works are needed, the date of his inspections and investigations thereon, and the log book thereof, and a detailed estimate of

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the unit cost of such items of work, together with his justifications for the need of such Change Order or Extra Work Order, and shall submit the same to the Regional Director or equivalent official of office/agency/corporation/LGU concerned.

b. The Regional Director or equivalent official concerned, upon receipt of the

proposed Change Order or Extra Work Order shall immediately instruct the technical staff of the Region to conduct an on-the-spot investigation to verify the need for the work to be prosecuted. A report of such verification shall be submitted directly to the Regional Director or equivalent official concerned.

c. The Regional Director or equivalent official concerned, after being satisfied

that such Change Order or Extra Work Order is justified and necessary, shall review the estimated quantities and prices and forward the proposal with the supporting documentation to the head of PROCURING ENTITY for consideration.

d. If, after review of the plans, quantities and estimated unit cost of the items of

work involved, the proper office of the PROCURING ENTITY empowered to review and evaluate Change Orders or Extra Work Order to be in order, shall approve the same.

e. The timeframe for the processing of Variation Orders from the preparation up

to the approval by the PROCURING ENTITY concerned shall not exceed thirty (30) calendar days.

44. Compensation Events

44.1 Compensation Events shall be treated in accordance with the SCC. 45. Contract Completion

45.1 Once the project reaches an accomplishment of ninety five percent (95%) of the

total contract amount, the PROCURING ENTITY may create an inspectorate team to make preliminary inspection and submit a punch-list to the contractor in preparation for the final turnover of the project. Said punch-list will contain, among others, the remaining works, work deficiencies for necessary corrections, and the specific duration/time to fully complete the project considering the approved remaining contract time. This, however, shall not preclude the claim of the PROCURING ENTITY for liquidated damages.

46. Suspension of Work

46.1 The PROCURING ENTITY shall have the authority to suspend the work wholly or partly by written order for such period as may be deemed necessary, due to force majeure or any fortuitous events or for failure on the part of the contractor to correct bad conditions which are unsafe for workers or for the general public, to carry out valid orders given by the procuring entity or to perform any provisions of the contract, or due to adjustment of plans to suit field conditions as found necessary during construction. The contractor shall immediately comply with such order to suspend the work wholly or partly.

46.2 The contractor or its duly authorized representative shall have the right to

suspend work operation on any or all projects/activities along the critical path of activities after fifteen (15) calendar days from the date of receipt of written notice from the contractor to the district engineer/regional director/consultant or equivalent official, as the case may be, due to the following:

a. There exist right-of-way problems which prohibit the contractor from

performing work in accordance with the approved construction schedule.

b. Requisite construction plans which must be owner-furnished are not issued to the contractor precluding any work called for by such plans.

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c. Peace and order conditions make it extremely dangerous, if not possible, to

work. However, this condition must be certified in writing by the Philippine National Police (PNP) station which has responsibility over the affected area and confirmed by the Department of Interior and Local Government (DILG) Regional Director.

d. There is failure on the part of the procuring entity to deliver government-

furnished materials and equipment as stipulated in the contract.

e. Delay in the payment of contractor’s claim for progress billing beyond forty-five (45) calendar days from the time the contractor’s claim has been certified to by the procuring entity’s authorized representative that the documents are complete unless there are justifiable reasons thereof which shall be communicated in writing to the contractor.

46.3 In case of total suspension, or suspension of activities along the critical path,

which is not due to any fault of the contractor, the elapsed time between the effective order of suspending operation and the order to resume work shall be allowed the contractor by adjusting the contract time accordingly.

47. Payment on Termination

47.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the PROCURING ENTITY’s Engineer shall issue a certificate for the value of the work done and materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as indicated in the SCC. Additional Liquidated Damages shall not apply. If the total amount due to the PROCURING ENTITY exceeds any payment due to the Contractor, the difference shall be a debt payable to the PROCURING ENTITY.

47.2 If the Contract is terminated for the PROCURING ENTITY’s convenience or

because of a fundamental breach of Contract by the PROCURING ENTITY, the PROCURING ENTITY’s Engineer shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the works, and less advance payments received up to the date of the certificate.

47.3 The net balance due shall be paid or repaid within twenty eight (28) days from

the notice of termination.

47.4 If the Contractor has terminated the Contract under GCC Clauses 16.2, Error! Reference source not found., or 18.1, the PROCURING ENTITY shall promptly return the Performance Security to the Contractor.

48. Extension of Contract Time

48.1 Should the amount of additional work of any kind or other special circumstances of any kind whatsoever occur such as to fairly entitle the contractor to an extension of contract time, the PROCURING ENTITY shall determine the amount of such extension; provided that the PROCURING ENTITY is not bound to take into account any claim for an extension of time unless the contractor has, prior to the expiration of the contract time and within thirty (30) calendar days after such work has been commenced or after the circumstances leading to such claim have arisen, delivered to the PROCURING ENTITY notices in order that it could have investigated them at that time. Failure to provide such notice shall constitute a waiver by the contractor of any claim. Upon receipt of full and detailed particulars, the PROCURING ENTITY shall examine the facts and extent of the delay and shall extend the contract time completing the contract work when, in the PROCURING ENTITY’s opinion, the findings of facts justify an extension.

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48.2 No extension of contract time shall be granted the contractor due to (a) ordinary unfavorable weather conditions, and (b) inexcusable failure or negligence of contractor to provide the required equipment, supplies or materials.

48.3 Extension of contract time may be granted only when the affected activities fall within the critical path of the PERT/CPM network.

48.4 No extension of contract time shall be granted when the reason given to support the request for extension was already considered in the determination of the original contract time during the conduct of detailed engineering and in the preparation of the contract documents as agreed upon by the parties before contract perfection.

48.5 Extension of contract time shall be granted for rainy/unworkable days

considered unfavorable for the prosecution of the works at the site, based on the actual conditions obtained at the site, in excess of the number of rainy/unworkable days pre-determined by the government in relation to the original contract time during the conduct of detailed engineering and in the preparation of the contract documents as agreed upon by the parties before contract perfection, and/or for equivalent period of delay due to major calamities such as exceptionally destructive typhoons, floods and earthquakes, and epidemics, and for causes such as non-delivery on time of materials, working drawings, or written information to be furnished by the PROCURING ENTITY, non-acquisition of permit to enter private properties within the right-of-way resulting in complete paralyzation of construction activities, and other meritorious causes as determined by the Government’s authorized Engineer and approved by the PROCURING ENTITY. Shortage of construction materials, general labor strikes, and peace and order problems that disrupt construction operations through no fault of the contractor may be considered as additional grounds for extension of contract time provided they are publicly felt and certified by appropriate government agencies such as DTI, DOLE, DILG and DND, among others. The written consent of bondmen must be attached to any request of the contractor for extension of contract time and submitted to the PROCURING ENTITY for consideration and the validity of the performance security shall be correspondingly extended.

49. Price Adjustment

49.1 No price adjustment shall be allowed unless otherwise specified in the SCC. 50. Completion

50.1 The Contractor shall request the PROCURING ENTITY’s Engineer to issue a certificate of Completion of the Works, and the PROCURING ENTITY’s Engineer will do so upon deciding that the work is completed.

51. Taking Over

51.1 The PROCURING ENTITY shall take over the Site and the Works within seven (7) days from the date the PROCURING ENTITY‘s Engineer issues a certificate of Completion.

52. Operating and Maintenance Manuals

52.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the SCC.

52.2 If the Contractor does not supply the Drawings and/or manuals by the dates

stated in the SCC, or they do not receive the PROCURING ENTITY’s Engineer’s approval, the PROCURING ENTITY’s Engineer shall withhold the amount stated in the SCC FROM PAYMENTS DUE TO THE contractor.

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Section V.

Special Conditions of Contract

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Special Conditions of Contract

GCC Clause

1.11

The PROCURING ENTITY is

GUIMBA WATER DISTRICT with address at Corner Faigal and Danzalan Streets , Sta. Veronica District, Guimba, Nueva Ecija

1.13

The PROCURING ENTITY’s Engineer is __________________________________________

1.14

The Start Date is ________________________.

1.15

The Intended Completion Date is ______________.

1.17

The Defects Liability Period is one year from project completion to final acceptance.

1.26

The Site is located at Brgy. Narvacan I, Guimba, Nueva Ecija

1.30

The Works consist of Drilling of One (1) One Hundred Thirty Meters (130m) Exploratory/Production Well at Narvacan I, Guimba, Nueva Ecija and submission of well drilling reports.

2.2

75 Calendar days will be given to complete the works.

2.3(i)

The other documents “none”

5.1

Possession of site. The PROCURING ENTITY shall give possession of all parts of the Site to the Contractor until the works stated have been completed.

6.5

The Contractor shall employ the following Key Personnel:

- Project Manager/Drilling Engineer

- Foremen/Drillers/Workers

7.1

The Performance Security shall be: Prescribed by the PROCURING ENTITY from among the following and the Contractor shall select any or a combination of the prescribed forms;

• Ten percent (10%) of the Contract in the form of cash, certified check, cashier’s/manager’s check, bank draft or irrevocable letter of credit;

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• Ten percent (10%) of the Contract Price in the form of a bank

guarantee;

• Thirty percent (30%) of the Contract Price in the form of a surety bond; or

• One hundred percent (100%) of the Contract Price in the form of a

foreign government guarantee. The Performance Security shall be valid until twenty eight (28) days after the date of issuance of the certificate of Completion.

9.1 Where the contractor refuses or fails to satisfactorily complete the work within the specified contract time , plus any time extension duly granted and is hereby in default under the contract, the contractor shall pay the PROCURING ENTITY for liquidated damages, and not by way of penalty, an amount to be determined in accordance with the following formula until the work is completed and accepted or taken over by the PROCURING ENTITY: TLD = VUUP x [(1+ OCC)n – 1] x K

VUUP = TCP – VCUP

Where:

TLD = Total Liquidated Damages, In Pesos VUUP = Value of the Uncompleted and Unusable Portions of the contract work, as of the expiry date of the contract, in pesos TCP = Total Contract Price, In Pesos

VCUP = Value of the Completed and Unusable Portion of the contract work, as of the expiry date of the contract, in pesos OCC = Prevailing Opportunity Cost of Capital for government projects set by NEDA, which is currently pegged at 15% n = total number of years that the contract work is

delayed after the expiry date of the contract K = adjustment factor to cover additional losses

= 1 + C + ( i x n )

where:

C = cost of construction supervision as a percentage, Not exceeding 10%, of construction cost i = annual inflation rate as defined by NEDA

The head of PROCURING ENTITY may also impose additional liquidated damages on the contractor provided such is prescribed in the Instructions to Bidders.

A project or a portion thereof may be deemed usable when it starts to provide the desired benefits as certified by the targeted end-users and the concerned procuring entity.

To be entitled to such liquidated damages, the PROCURING ENTITY does not have to prove that it has incurred actual damages. Such amount shall be deducted from any money due or which may become due the contractor under the contract and/or collect such liquidated damages from the retention money or other securities posted by the contractor whichever is convenient to the PROCURING ENTITY.

In case that the delay in the completion of the work exceeds a time duration equivalent to ten percent (10%) of the specified contract time plus any time extension duly granted to the contractor, the PROCURING ENTITY concerned may rescind the contract, forfeit the contractor’s performance security and takeover the prosecution of the project or award the same to a qualified contractor through negotiated contract.

In no case however, shall the total sum of liquidated damages exceed ten

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percent (10%) of the total contract price, in which event the contract shall automatically take over by the PROCURING ENTITY concerned or award the same to a qualified contractor through negotiation and the erring contractor’s performance security shall be forfeited. The amount of the forfeited performance security shall be aside from the amount of the liquidated damages that the contractor shall pay the government under the provisions of this clause and impose other appropriate sanctions.

10.1

The site investigation reports are:

- Well Log Report - Test Pumping Report

12.1

After final acceptance of the project by the PROCURING ENTITY, the contractor shall be held responsible for structural defects and/or failure of the completed project within the following warranty periods from final acceptance, except those occasioned by force majeure and those caused by other parties:

a) Permanent Structures: Fifteen (15) years

Buildings of types 4 (steel, iron, concrete, or masonry construction with walls, ceiling, and permanent partitions of incombustible fire resistance) and 5 (steel, iron, concrete, or masonry construction), steel and concrete bridges, flyovers, concrete aircraft movement areas, ports, dams, diversion tunnels, causeways, wharves, piers, dikes, filtration and treatment plants, sewerage systems, power plants, transmission and communication towers, railway system, and other similar structures;

b) Semi-Permanent Structures: Five (5) years Building of type 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 causeways, pedestrian overpass, and other similar structures; and

c) Other Structures: Two (2) years

Bailey and wooden bridges, shallow bridges, shallow wells, spring developments, and other similar structures.

14.1

The minimum insurance covers shall be:

(a) The maximum deductible for insurance of the Works and of Plant and Materials is ______________________.

(b) The minimum cover for insurance of the Works and of Plant and Materials in respect of the Contractor’s faulty design is _________________________.

(c) The maximum deductible for insurance of Equipment is __________________________.

(d) The minimum cover for loss or damage to Equipment is _______________________.

(e) The maximum deductible for insurance of other property is ______________________.

(f) The minimum for insurance of other property is _________________________.

(g) The minimum cover for personal injury or death insurance:

i. for the Contractor’s employee is ___________.

ii. and for other people is _________________.

19.1

The Arbiter is ___________________________________.

19.2

The Appointing Authority is _______________________.

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19.2

The rate per day for adjudication is _______________.

The allowable reimbursable expenditures are:

List categories and rates.

19.2 Arbitration procedures between a Filipino contractor and the PROCURING ENTITY will be in accordance with the provisions of Republic Act 876 (R.A. 876), otherwise known as the “Arbitration Law”: All disputes arising in connection with the present Contract between a foreign contractor and the PROCURING ENTITY shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules.

28.1

No dayworks are applicable to the contract.

30.1

The Contractor shall submit the program to the PROCURING ENTITY’s Engineer within 7 days of delivery of the Letter of Acceptance.

30.3

The period between Program updates is 14 days.

34.3

The Funding Source is the Government of the Philippines.

32.1

The defects liability period is one year from project completion to final acceptance.

39.1

The amount of the advance payment is Fifteen percent (15%) of the Contract value.

42.1

The amount of retention is ten percent (10%) of the contract value.

49.1

Contract prices are fixed prices and are not subject to price adjustment except for extraordinary circumstances as determined by NEDA and approved by GPPB.

52.1

The date by which the Final Well Drilling Report is required upon submission of Final Billing.

52.2

The amount to be withheld for failing to submit the Final Well Drilling Report by the date required is P1, 000.00.

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Section VI. TECHNICAL SPECIFICATIONS

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TECHNICAL SPECIFICATIONS DRILLING OF ONE (1) ONE HUNDRED THIRTY (130) METERS

EXPLORATORY/PRODUCTION WELL AT BRGY. NARVACAN I, GUIMBA, NUEVA ECIJA

1.0 GENERAL 1.1 Scope

The work includes the drilling of One (1) One Hundred Thirty (130) Meters exploratory/production well including geo-resistivity survey at Barangay Narvacan I, Guimba, Nueva Ecija for Guimba Water District

1.2 Technical Standards

All materials or workmanship shall comply with the specifications. Other standards equal or superior to those enumerated in this specification, shall be acceptable, subject to the approval of the Procuring Entity’s Engineer. The opinion of the Procuring Entity’s Engineer must be obtained prior to utilizing such materials or workmanship on or off the site.

1.3 Water Supply and Illumination

In the absence of adequate quantities of water or illumination required for drilling at the drill site, the Contractor shall make such arrangements including the provision for mobile tanks or fixed tanks as may be necessary to ensure a supply of water and illumination sufficient for drilling operations.

1.4 Electrical Power Supply

1. The Contractor will make arrangement as may be necessary for the connection of or

supply of power to the site. 2. Payment for the provision of electrical power supplies as specified in sub-clause 1.4

(1) shall be deemed to be included in the rates entered in the Bill of Quantities (BOQ) for setting up equipment at the site, drilling rates and rates entered for operation of pumping unit.

1.5 Storage of Inflammables

The Contractor shall comply with all local authority regulations applicable to the use and storage of diesel oils, petrol, paraffin and other inflammable fuels used by him on the site, and shall ensure that adequate precautions are taken against fire.

1.6 Boundaries of Work The Procuring Entity shall provide land or rights-or-way for the work specified in this Contract and make suitable provisions for ingress and egress, and the Contractor shall not enter or occupy with men, tolls, equipment or material, any ground outside the property of the Procurement Entity without the written consent of the Procuring Entity of such property. Other Contractors and employees or agents of the Procuring Entity may, for all necessary purposes, enter upon the work and premises used by the Contractor, and the Contractor shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site.

1.7 Access Roads

Construction or improvement of access roads to the wells shall, unless otherwise agreed, be done by the Contractor at his own cost, which is deemed to be included in the contract sum. The access road shall be kept in proper condition during the entire construction period.

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1.8 Protection of Site 1. Excepting as otherwise provided herein, the Contractor shall protect all structures,

walks, pipelines, tress, shrubbery, laws, etc. during the progress of his work, shall remove from the site all drill cuttings, debris, and unused materials, and shall upon the completion of the work restore the site as nearly as possible to its original condition, including removal of access tracks and the replacement, at the Contractor’s sole expense, of any facility or landscaping which has been damaged beyond restoration to its original condition as to the satisfaction of the Procuring Entity’s Engineer.

2. Water pumped from the well shall be conducted to a place approved by the Procuring

Entity’s Engineer where it will be possible to dispose the water without damage to property or creation of a nuisance.

1.9 Site to be Kept Tidy

The Contractor shall at all times keep the site and all working areas in a tidy and workmanship condition and free from rubbish and waste materials.

1.10 Temporary Building for Use by Contractor

The Contractor shall provide at the site of the works such temporary buildings, tanks, workshops, etc. as may be necessary and proper for his general use in connection with the works, and for the use of persons employed by him. The nature of the buildings, tanks, etc. and the positioning of them shall be subject to the prior approval of the Procuring Entity and the relevant authorities.

1.11 Well Head Protection 1. At all times during the progress of the work, the Contractor shall protect the well in

such manner as to effectively prevent either tampering with the well or the entrance of foreign matter into it, and upon its completion he shall provide and install a well head cap satisfactory to the consultant.

2. In the event that the well becomes contaminated or that water having undesirable

physical or chemical characteristic has entered the well due to the negligence of the Contractor, he shall at his own expense perform such work or supply casings, seals, sterilizing agents or other materials as may be necessary to eliminate the contamination or to exclude any undesirable water in the well.

1.12 Transport of personnel and equipment

1. The Contractor shall supply and operate all transport required for transporting his

employees, materials and equipment. 2. The cost of movement of personnel, materials and equipment shall be included in the

rates given for drilling, development and pump operation. 1.13 Site Preparation and Reinstatement

1. The Contractor shall prepare the site, provide all necessary tanks and pits and make

all necessary arrangements for erecting and dismantling the drilling unit and shall reinstate the site on completion of such phase of work to the satisfaction of the Procuring Entity.

2. Payment shall be deemed to be included in the items entered in the BOQ for erection

and dismantling of drilling rigs.

1.14 Standing Time Standing time will be paid only when drilling is suspended upon written instruction of the Procuring Entity or Authorized representative.

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1.15 Water Level Sounding The Contractor shall provide a functioning and accurate water sounding instrument acceptable to the Procuring Entity to measure the water level during all drilling, development and testing of the well. Failure to provide such will subject the Contractor to a penalty of P500.00 per day.

2.0 WELL DRILLING 2.1 Equipment

The Contractor shall provide and operate at least one (1) drilling rig including all auxiliary equipment, lubricants, fuels and spares necessary to complete the work within the contract period. The rig shall have sufficient capacity to drill the specified boreholes in the diameters specified in the tentative well design to a depth which is minimum 25% higher than indicated in the design.

2.2 Drilling Method All drilling shall, have unless otherwise specified, be performed with the rotary drilling method. The Contractor shall drill the hole to such depth and with such a diameter which shall enable an easy installation of casing and screen and placement of gravel pack with a uniform thickness as specified.

2.3 Strata Sampling Soil sample shall be taken every meter of penetration or less when change of formation occurs. Samples shall be placed in plastic or other appropriate bags in which the sampling depth and the date of sampling is written in such a manner that it is permanently readable. Each sample shall be placed in a wooden box with enough space for storage. A record of samples taken with the details described above shall be submitted to the Procuring Entity every day. Payment for sampling shall be deemed to be included in the rates entered for drilling in the BOQ. The failure on the part of the Contractor to obtain, preserve and deliver samples or records, satisfactory to the Procuring Entity’s Engineer, shall be considered as actual damage to the Procuring Entity. Such a failure shall authorize the Procuring Entity’s Engineer to retain from money due or to become due the Contractor the sum of P1,500.00 as liquidated damages for each sample that the Contractor shall fail to obtain, preserve or deliver, or for each length of pipe not properly measured and recorded in the order in which it was placed in the well. In the event that, in the opinion of the Procuring Entity’s Engineer, the failure of the Contractor to take and preserve the samples may affect the proper design of the well, the Contractor may be required to perform such work as the Procuring Entity’s Engineer deems necessary to remedy such failure at no cost to the Procuring Entity. It is understood that the liquidated damages herein provided are fixed, agreed and not by way of penalty; and that the Procuring Entity shall not be required to prove that he has incurred actual damages. If possible, water level should be monitored every shifting of personnel.

2.4 Drilling Mud Bentonite, if used, shall be of premium quality in accordance with API Standard 13A with 150 kg/cum of make-up water yielding a mud with a viscosity of between 35 and 40 seconds using a Marsh Funnel and a mud weight of less than 1.10 kg/l (9.2 lb/US gal.) Make up water shall be treated with caustic soda (soda ash) to maintain the pH between 8.0 and 9.0 prior to mixing mud.

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During drilling with mud, the Contractor shall perform hourly measurements of the following mud characteristics.

- pH value - Funnel viscosity - Specific gravity - Sand content - Filtration loss - Filter cake thickness

The recorded mud characteristics shall not exceed the following values, without the prior approval of the Owner:

- Specific gravity : 9.5 lb/gal - San content : 4% - Filter loss : 10 ml - Filter cake : 1.5 mm

2.5 Working Hours

All work from start of drilling of the borehole until completion of well development shall be on a round the clock basis.

3.0 GEOPHYSICAL LOGGING 3.1 Equipment

The geophysical logs may be recorded either by automatic recording on a chart strip or by manual reading of recorded values. In case the logs are by the manual method, reading shall be taken every meter of borehole depth.

4.0 WELL CASING 4.1 Blank Casing

1. The Contractor, shall before commencement of work, submit for the approval of the

Engineer the following details of all casing: a. Type of material b. Minimum Internal and External diameter c. Minimum Wall Thickness d. Method of Jointing

2. All permanent casing materials shall be seamless and of new stock unless otherwise

specified in these documents. 3. The Contractor shall assume responsibility for any casing failure and shall correct

such failure, as approved by the Procuring Entity’s Engineer, at no cost to the Procuring Entity. In the event that the Contractor cannot correct a casing failure, the Contractor shall replace the casing with material complying with the specifications, or if necessary, better casing as approved by the Procuring Entity’s Engineer at no extra cost to the Procuring Entity.

4.2 Temporary Casing

The Contractor shall provide such temporary casing as may be necessary to prevent the collapse of any formation during the drilling operation to allow the well to be sunk to the specified depth and to allow the insertion of permanent lining material as required. The Contractor shall remove the temporary casing before completing the well, unless otherwise specified.

4.3 Lining Installation

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1. Lining material shall be assembled and located in well at the required depth in a continuous operation. The lining material shall be set concentric within the borehole by centralizing bars unless otherwise agreed with the Procuring Entity’s Engineer.

2. If the lining jams or is lost before it is set to the specified depth, the Contractor shall endeavor to remove the lining material from the well or, if unable to effect removal, shall re-drill the well and replace the lining material at his own expense.

4.4 Lining Material Accessories

1. The Contractor shall provide as necessary the following accessories to see the lining

material to the required depth.

a. Centralizers to be affixed to the lining material at intervals of 12 m to locate the lining material in the center of the drill hole;

b. Supporting clamps, equipment and tools; c. Reducing cones and connecting pieces; d. Casing hangers; e. All other necessary equipment.

2. Except where expressly provided, all accessories shall be deemed to be included in

the BOQ for the provision and insertion of lining material.

4.5 Testing for Plumbness and Alignment 1. All boreholes shall be constructed, plumb and true to line as defined herein. To

demonstrate the compliance of his work with this requirement, the Contractor shall furnish all labor, tools and equipment and shall provide the detailed drawing and the description of the tests to the satisfaction of the Procuring Entity’s Engineer.

2. Test for plumbness and alignment must be made before lining installation. Additional

tests however, may be made by the Contractor during the performance of the work. No specific shall be made for making these tests.

5.0 WELL SCREEN

5.1 Type of Screen

1. The type of screens shall be specified in the tentative well design and the Special

Provisions.

2. Slotted screens, if specified for installation, shall be so manufactured as to ensure the maximum yield of the well and prevent clogging and incrustation and shall be free from jagged edges and irregularities that may be accelerate clogging or corrosion.

5.2 Responsibility for Malfunction

1. The Contractor shall assume full responsibility for any malfunction of the screen

caused by inadequate installation procedure and shall undertake any corrections as approved at no extra cost to the Procuring Entity.

2. The screen must have no change of alignment at any of its joints after installation. If

requested by the Procuring Entity, the Contractor shall undertake any correction as approved by the Procuring Entity at no extra cost.

3. In the event that the Contractor cannot correct a screen failure, the Contractor shall

replace the screen with material complying with the specifications of this Contract at no extra cost to the Procuring Entity.

5.3 Screen Strength The screens shall have adequate strength to resist the external forces that may be applied during and after installation.

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5.4 Screen Accessories All fittings, packers, coupling, joints plugs and seals used during installation of well-screen together with the installation procedure, shall be to the approval of the Procuring Entity’s Engineer.

6.0 FORMATION STABILIZER/GRAVEL PACK 6.1 Scope

The Contractor shall provide centralizers to be affixed to the lining material at intervals of 12m to locate the lining material in the center of the drill hole and a well-rounded, water-worn siliceous grain gravel pack materials selected by the Procuring Entity. Method of installation/placing of gravel pack in the annulus shall be such that separation of gravel and bridging is avoided. Gravel pack shall be installed immediately upon completion of lining installation. Installation of gravel pack shall be done by circulation of drilling water.

7.0 WELL DEVELOPMENT 7.1 Scope

Well development shall consist of treatment of polyphosphate solution, high velocity water jetting, airlifting and surging and bailing utilizing surge block plus washing with clean water as specified in the BOQ. The Contractor shall furnish compressors, electric generators, surging tools and other equipment required for satisfactory well development and re-development under the supervision of the Procuring Entity.

7.2 Surging with Plunger

Upon completion of installation of casings, centralizers and gravel pack, the Contractor shall develop the well by mechanical surging with a valve-type surge plunger approved by the Procuring Entity. Before the start of surging and with one hour interval during the surging operation, the depth to the well bottom and to top of gravel pack shall be and recorded. Surging shall be continued until accumulation of sediments in the sump pipe, during the 1 hour period surging operation is negligible.

7.3 Treatment of Polyphosphate Solution

Mud displacement shall immediately be followed by injection and/or jetting through the screened sections with a polyphosphate solution or equivalent to deflocculates the mud cake on the borehole wall. The well shall be left for 24 hours before developing is continued to allow the polyphosphate to react.

7.4 High Velocity Jetting

The Contractor shall develop the well on all screen sections by high velocity jetting. The jetting tool shall be equipped with nozzles as properly placed to the satisfaction of the Procuring Entity’s Engineer. The development shall be carried out by slowly rotation the jetting tool and gradually lowering it in order to cover the entire surface of the screen. Each section of the screen shall be jetted until the return water is free from drilling mud for 12 hours or as specified in the BOQ.

7.5 Development by Airlifting

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Upon completion of high velocity jetting, the well shall be discharged by the airlifting method. Development shall continue to ensure that all sand has been cleaned out of the sump pipe.

7.6 Well cleaning

Upon completion of the development operations, the Contractor shall demonstrate to the satisfaction of the Consultant that the bottom of the well is clear of all sand, mud and other foreign materials.

7.7 Freedom from Sand

The Contractor shall develop the well with methods specified herein until the water pumped from the well is substantially free from sand and until the turbidity is less than the Silica scale described in the Standard Methods of Water Analysis (latest edition as published by AWWA, APHA and WPCT). The water pumped from the well shall not contain an amount of fine material in excess of 1.0 mg/liter when the well is pumped at its maximum expected yield. The equipment for measurement of the sand content shall be furnished by the Contractor.

7.8 Acceptance of Development

The development by the specified method shall be repeated and continued until the well is thoroughly developed in accordance with the criteria specified in Sub-Section 7.6. If after well development works has been completed and the well is found to be sand free in accordance with Section 7.7, but the well production is still below the anticipated well yield, then the Engineer may instruct the Contractor to perform further well development.

7.9 Expected Yield

The Contractor shall develop the well to its maximum expected yield in the range of ______ lps.

8.0 WELL TESTING 8.1 Scope

The Contractor shall, unless otherwise specified, provide and operate a Pumping Unit for the following purposes:

a. Step-drawdown pumping test on the completed well b. 72 hours constant discharge pumping test on the completed well, and c. 12 hours recovery test or when water level reaches its original static water

level, whichever comes first. 8.2 Equipment Capacity

1. The Contractor shall provide and operate pumping machinery capable of carrying out

the specified pumping and shall provide adequate controls to allow discharge rates to be kept constant at varying pumping water levels and to permit pumping with a variation of not more than 5% of the designated discharge rate during any period of yield or aquifer testing.

2. The pumping unit must be able to deliver a discharge rate 50% higher than the

expected yield of the well and a minimum discharge, which is 15% higher of the expected yield of the well when suitably throttled by use of a gate valve.

3. Suitable pumping machinery will be deemed to be: Submersible electric pump unit together with generator and such accessories

needed to run the pump.

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8.3 Equipment Operation 1. The Contractor shall supply and operate all equipment and accessories necessary for

installation and removal of pumps. 2. The Contractor shall maintain on site sufficient fuels, lubricants, spares and other

accessories needed to run the Pumping Unit for whatever period may be specified by the Procuring Entity’s Engineer.

3. The Contractor shall provide sufficient competent personnel including a qualified

mechanic and electrician, as may be necessary to install and operate the Pumping Unit.

8.4 Control of Discharge Rate

The Contractor shall, during the pumping tests, provide a suitable gate valve on the discharge pipeline, to facilitate easy control of the discharge rate.

8.5 Water Level Sounding Pipe 1. The Contractor shall, if instructed by the Procuring Entity’s Engineer, provide and

install a temporary tube of at least 1” diameter from the top of the well to 2” above the pump bowl assembly to facilitate easy measurements of water level. The tube shall be open only at the bottom and top.

2. Payment for providing, installing and removing the tube shall be deemed to be

included in the rates given for pumping tests.

8.6 Discharge Rate Monitoring Discharge rates may be measured by drum filling or a water meter. All items are subject to the Procuring Entity’s Engineer’s approval before start of pumping test.

8.7 Definition of “Pumping Unit”

The equipment specified in Clause 8.2 - 8.6 is hereto referred as the pumping equipment used to draw water from the well during pumping test.

8.8 Pumping Procedure

The Procuring Entity will determine the pumping procedure necessary to obtain the objectives of the Contract.

8.9 Suspension of Pumping

If the Procuring Entity’s Engineer considers that the absence or condition of any equipment, personnel, fuel, lubricants or accessories will prejudice the quality of data obtained from any pumping test, then he may suspend the work in accordance with the provision of the Contract.

8.10 Equipment Breakdown During Pumping

1. The pumping must be continuous and at a constant rate during the pumping tests.

The Procuring Entity will instruct the Contractor as to the expected maximum duration of each pumping test before start of each test.

2. If pumping is interrupted or the discharge rate fluctuates by more than 5% of the

designated discharge rate, the test may be repeated after a period of recovery determined by the Procuring Entity.

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3. If any pumping test is interrupted because of equipment breakdown or inadequate supervision or discharge control, no payment will be made for any pumping period before recommending the re-test.

8.11 Duration of Tests

1. The step-drawdown pumping tests shall be performed on 5 steps with duration of 60

minutes each. 2. The constant discharge pumping tests shall be performed for a period of 72 hours,

unless otherwise instructed by the Procuring Entity. 8.12 Temporary Pipeline

1. The Contractor shall provide a temporary pipeline as directed by the Procuring Entity

during pumping tests, to convey pumped water to a suitable water course or drain. 2. Under certain circumstances when re-infiltration cannot be avoided, the Procuring

Entity’s Engineer shall determine to what distance from the well, pumped water may be discharged to the ground.

9.0 WATER QUALITY TEST 9.1 Procedure

The Contractor shall collect water sample for analysis to determine the suitably for domestic consumption. Water sample shall be sent to approve laboratory where the following test will be conducted:

A. PHYSICAL ANALYSIS

a. Temperature b. Color c. Turbidity d. Odor e. Taste

B. CHEMICAL ANALYSIS Chemical Characteristics

a. Total Hardness b. pH c. EC d. Total Dissolved Solids

Chemical Constituents

a. Calcium b. Magnesium c. Alkalinity d. Acidity e. Bicarbonate f. Chloride g. Iron h. Manganese

C. BACTERIOLOGICAL ANALYSIS

Coliform 9.2 Sample Presentation and Preparation

The Contractor shall ensure the integrity of the samples collected. As much as possible all samples for laboratory analysis shall be submitted within 24 hours from sampling without preservative, provided samples are kept in cooler. If samples cannot be submitted within 24 hours, preserved the sample as indicated below:

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PARAMETER MINIMUM

VOLUME PRESERVATION

ODOR 500 ml Analyze as soon as possible, refrigerate

COLOR 500 ml Refrigerate TURBIDITY From other sample Analyze same day store in dark up to 24h,

refrigerate

ALKALINITY 200 ml Refrigerate HARDNESS 100 ml Add HNO2, to Ph2 CHLORIDE - Refrigerate

METALS - Refrigerate

TDS - Refrigerate The sample containers should be such that when filled with the desired amount of sample, space roughly equivalent to 1 percent of the volumetric capacity of the container is available for expansion of the liquid. Stopper or cap closing the sample container must be fixed in place by wire, tape or cord to prevent leakage during transit. It should be wrapped with a relatively inert metal foil. Sample containers must be properly labeled. A tag securely affixed to the container should be provided with the following information:

a) Date and time of sampling b) Source of sample c) Type of pumping test and discharge rate d) Name of collector

9.3 Field Test Kit and Instrument The Contractor shall provide field test kit for chloride analysis, by titration, and functioning and accurate electrical conductivity/TDS meter. Failure to provide such will subject the Contractor to penalty of P500.00 a day.

10.0 CEMENT GROUTING 10.1 Grouting Material

1. Cement grout shall consist of a mixture of 95% Portland Cement, 5% bentonite and

clean water, mixed in the proportion of 52.5 kg of Portland Cement/Bentonite to max. 30 liters of water.

2. All cement shall, unless otherwise specified in the Contract Documents, conform to

the “Specifications for Portland Cement” (ASTM C150-latest revision) 10.2 Method of Placing Grout Material

1. The method and equipment for placing the grout shall be to the approval of the

Procuring Entity. No method will be approved that does not provide for the forcing of grout from the bottom of the casing/hole/annulus to be grouted, to the surface. Flushing of the annular space with fluid to assure the space is open and to remove loose material will be required by the Procuring Entity before grouting is commenced.

2. Any grouting operation shall be continuous and before starting, sufficient grout shall

be mixed to complete the whole operation. During the grouting operation, the mixed grout shall be continuously stirred. The Contractor shall provide such tanks, hoppers and other equipment as may be necessary to meet these requirements.

10.3 Starting Time

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No work will be allowed on the well within a period of 72 hours after completion of grouting unless quick setting cement is used. In such case, the idle period may be reduced to 24 hours subject to the Procuring Entity’s prior approval.

11.0 WELL CLEANING The Contractor shall upon completion of well construction and well testing thoroughly clean the well of all foreign substance including tools, timbers, rope, and debris of any kind, cement, oil, grease and scum.

12.0 WELL COMPLETION 12.1 Scope

The Contractor shall provide and operate all equipment necessary to restore the site as near as possible to its original condition before commencement of drilling and shall furnish and install a well head cap as specified in the Contract Drawings.

12.2 Site Restoration

The site shall be restored to a condition as nearly as possible to that which existed before the well drilling and testing activities commenced. This work shall include, but not limited to, restoration of fences and structures, removal of drill cuttings, leveling of the disturbed ground surfaces and replacement or compensation for the destroyed plants and landscaping.

12.3 Well Head Capping

The well shall be completed with a well head assembly as well as water level sounding tube with screw cap in order to prevent any unauthorized tampering of the well.

13.0 SUBMITTAL OF REPORTS, BOREHOLE DATA AND WATER QUALITY ANALYSIS

The Contractor shall submit to the Procuring Entity the daily time records containing the following information:

Site: Date: Description of each stratum encountered: Depth below ground of each change of stratum:

The Contractor shall be required to keep a record of penetration rate, mud losses and mud conditions. At the end of the well construction and before final payment is made, the Contractor shall submit to the Procuring Entity a final report containing the following information:

a. The total depth of the well b. Description of strata encountered c. The size and lengths/specifications of the casings installed d. The date of the start and the completion of the well construction e. The location and the description of the casings and screens f. The location of the gravel, the size and the amount of cement installed g. Records of discharge rates and drawdown during well development together

with the description of the methods of development h. The well yield, the dates and the duration of the tests i. The method of measuring the discharge rates and the drawdown j. The complete water quality analysis

14.0 PROTECTION OF THE ENVIRONMENT

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The Contractor shall not discharge into or pollute nearby rivers, creek, or surface waters with fuels, oil bitumen, chemicals, acids, sewage, wastewater, and other harmful materials, debris or foreign materials. Such materials shall not be stored beneath and adjacent to any rivers, creek, stream or other body of water. Flora within the contract boundaries, but outside the limits of the work mentioned under the contract as indicated in the drawings shall be preserved insofar as practicable in its present conditions. The Contractor shall confine his construction activities to the areas defined by the drawings or technical specifications, and to the disposal borrow areas indicated in the drawings as approved by the Procuring Entity. All temporary facilities and buildings shall be located at places approved by the Procuring Entity’s Engineer. Upon completion of the Contract, except as otherwise authorized by the Procuring Entity, all temporary facilities shall be removed and its site shall be restored by the Contractor at his own expense to the presentable conditions.

15.0 PROCURING ENTITY – CONTRACTOR’S RESPONSIBILITY

a. The Procuring Entity shall observe and approve the sequence of work up to its successful execution. When necessary, it shall have the authority to order its suspension, cancellation or termination, or to direct that changes be made which approval or direction shall, however, in no way affect the responsibility of the Contractor in the conduct of his work.

b. The Contractor shall assign a qualified superintendent and provide competent supervision of the project until its completion.

The superintendent shall work in full coordination with the Procuring Entity. The Contractor shall submit their Organizational Chart and the C.V.’s of all personnel involved in the project.

c. The Santa Rosa Water District shall provide the availability of the drilling site.

16.0 MEASUREMENT AND PAYMENT

Payments shall be considered full compensation for furnishings all materials, labor, tools, equipment and for performing all works contemplated under this Contract. Mobilization and site preparation shall be paid in lump sum amount after certified and approved by the Procuring Entity. Borehole drilling and reaming of borehole shall be paid in unit price quoted and on actual depth of drilling performed. Well casings centralizers, gravel pack, gravel fill pipe and installation of casings and screens shall be paid in unit price quoted and on actual depth performed after the completion of the well. Geophysical logging, treatment of polyphosphate solution, well development, well testing, grouting, well cleaning, well completion and water sampling shall be paid in lump sum amount after its completion, certified and accepted by the Procuring Entity. The Procuring Entity may reject payment for any particular item if the works completed and materials delivered are not in accordance with the Contract. Final payments shall be make when works provided in the Contract shall have been completely performed and all parts of the works have been approved and accepted by the Procuring Entity. Final reports, borehole data and water quality analysis shall be submitted prior to final payment. Final acceptance shall be understood as the acceptance of the project by the Procuring Entity after completion of works stipulated in the Contract. Release of ten percent (10%) retention shall be released upon final acceptance of the project within thirty (30) calendar days. In all cases, withholding tax shall be deducted from all payments made to the Contractor.

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Section VII.

BIDDING FORMS

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DRILLING OF ONE (1) ONE HUNDRED THIRTY METERS (130M)

EXPLORATORY/PRODUCTION WELL AT BARANGAY NARVACAN I, GUIMBA, NUEVA ECIJA

FOR GUIMBA WATER DISTRICT

BILL OF QUANTITIES

Item No.

Description Quantity

Unit Price

(Pesos) Amount (Pesos)

1. Mobilization of One (1) rotary drilling unit all accessories and staff to project site.

1 Lot

2. Preparation of site and setting up of all equipment.

1 Lot

3. Drilling of 200 mm dia. pilot hole from ground surface including strata sampling every meter of penetration or less when change in formation occurs (and temporary casings, if necessary)

130 Meters

4. Geophysical borehole logging (electric geo resistivity and self-potential log).

1 No.

5. Reaming of pilot hole to 400mm dia. hole

130 Meters

6. Furnishing of 250mm BLANK CASING 92 Meters

7. Furnishing of 250mm S-SCREEN 39 Meters

8. Installation of blank casings and screens

131

Meters

9. Furnishing and installation of casing centralizers every 12 meter interval

10 Nos.

10. Furnishing and installation of gravel pack materials at annulus around casings

110 Meters

11. Furnishing and installation of local clay seal, from 15 meters to 20 meters

5 Meters

12. Treatment with polyphosphate solution

1 No.

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13. Development by high pressure water jetting

24 Hours

14. Development by surging and bailing 24 Hours

15. Development by airlift method 12 Hours

16. Step-drawdown pumping test with five steps at one hour/step

1 No.

17. Continuous constant discharge rate pumping test

72 Hours

18. Cement grouting 15 Meters

19. Well completion and disinfection 1 No.

20. Demobilization and site clean up 1 No.

Total Price (Item Nos. 1 to 20 including taxes)

Amount in Words :

Submitted by:

Name of the Date:____________________ Representative of the Bidder_______________________

Position: _______________________________________

Name of the Bidder: ______________________________

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Section VIII. Forms and Qualification Information

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Checklist of Technical & Financial Requirements for Bidders

ENVELOPE NUMBER 1 The Technical Component shall contain the following: Eligibility Documents:

□□ Department of Trade and Industry (DTI) business name registration or Securities and Exchange Commission (SEC) Registration Certificate, whichever may be appropriate under existing laws of the Philippines, supported with the necessary information using the prescribed forms.

□□ Valid and current Mayor’s permit/municipal license.

□□ Statement of the prospective bidder of all its ongoing and completed government and private contracts within the relevant period, where applicable, including contracts awarded but not yet started, if any. The statement shall state for each contract whether said contract is ongoing, completed or awarded but not yet started within the relevant period, where applicable.

□□ Valid PCAB license and registration for the type and cost of the contract to be bid

□□ Other appropriate licenses as may be required; NWRB Certificate of Registration as a Well Driller, Certificate of Membership of good standing with the Well Driller’s Association of the Philippines (WELDAPHIL), Certificate of Membership from Philippine Groundwater Society and must have proof of one (1) well drilling project in Nueva Ecija in the last twelve (12) months;

□□ Audited financial statements, stamped “received” by the BIR or its duly accredited and authorized institutions, for the immediately preceding calendar year, showing among others the total assets and liabilities.

□□ Computation of Net Financial Contracting Capacity (NFCC); or 10% CLC; or 10% Cash Deposit Certificate

Technical Documents:

□□ Bid Security

□□ Conformity with Technical Specifications:

• Organizational Chart

• Duly Signed List of Contractor’s Key Personnel (Project Manager; Drilling Engineer;

Material Engineer; Drillers & Workers) with their complete qualification and experience

data

• Duly Signed List of Contractor’s Equipment (owned, leased or under purchase agreement)

• Construction Schedule and S-Curve

• Duly Signed Manpower Schedule

• Duly Signed Construction Methods in Narrative Form

• Duly Signed Equipment Utilization Schedule

• Duly Signed Construction Safety and Health Program

□□ Omnibus Sworn Statement in accordance with Sec. 25.2(a) iv of the IRR

The Financial Component shall contain the following:

□□ Duly Signed Bid Form and Bill of Quantities

*** FOR THE BIDDER WITH THE LOWEST CALCULATED BID

(POST QUALIFICATION REQUIREMENT)

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□□ Tax Clearance

□□ Latest Income Tax Returns

□□ Certificate of PHILGEPS Registration

FORM OF BID SECURITY (BANK GUARANTEE)

WHEREAS, __(Name of Bidder)__ (hereinafter called “the Bidder”) has submitted his bid dated __(Date)__ for the __(Name of Contract)__ (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 __________________________2 for which payment well and truly to be made to the said Entity the Bank binds himself, his 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 his 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 his bid price in

accordance with the Instructions to Bidder; or

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

a. fails or refuses 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 his first written demand, without the Entity having to substantiate its demand, provided that in his 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 and including the date _____________________3 days after the deadline for submission of Bids as such deadline is 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 not later than the above date. DATE _________________ SIGNATURE OF THE BANK ________________________ WITNESS __________________________ SEAL _______________________________ __________________________________________ (Signature, Name and Address)

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BID SECURITY: SURETY BOND

BOND NO.: ____________________ DATE BOND EXECUTED: __________________

By this bond, We __(Name of Bidder)_ (hereinafter called “the Principal”) as Principal and __(Name of Surety)_ of the country of __(Name of Country of Surety)__, authorized to transact business in the country of __(Name of Country of Procuring Entity)__ (hereinafter called “the Surety”) are held and firmly bound unto _(Name of Procuring Entity)_ (hereinafter called “the Entity”) as Obligee, in the sum of _____________________ 1 , Philippine currency, callable on demand by the Entity for the payment of which sum, well and truly to be made, we, the said Principal and Surety bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this ____ day of _________________________ 20____ WHEREAS, the Principal will submit a written Bid to the Entity on the __(Date)__ day of ___(Month)___ 20__(Year)__, for the ____(Name of Contract)___ (hereinafter called “the Bid”). NOW, THEREFORE, the conditions of this obligation are that:

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

2) if the Principal does not accept the correction of arithmetical errors of his bid price in

accordance with the Instruction’s to Bidders; or

3) if the Principal having been notified of the acceptance of his Bid and Award of contract to him by the Entity during the period of bid validity:

a. fails or refuses 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;

then the Entity shall call on the bond upon a written demand to the Surety, and the Surety shall pay the Entity up to the entered amount of the Bond, upon receipt by the Surety of a written demand from the Entity, without the Entity having to substantiate its demand, provided that, in the demand, the Entity will note that the sum claimed by it is due to the occurrence of any or combination of the three conditions stated above. In this case, this obligation shall remain in full force and effect, otherwise it shall be null and void. PROVIDED HOWEVER, that the Surety shall not be:

a. liable for a greater sum than the specified penalty of this bond, nor b. liable for a greater sum that the difference between the amount of the said Principal’s

Bid and the amount of the Bid that is accepted by the Entity. This Surety executing this instrument hereby aggress that its obligation shall be valid for 120 calendar days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Surety is hereby waived.

PRINCIPAL ___________________________ SURETY _____________________________ SIGNATURE(S) ________________________ SIGNATURE(S) _______________________ NAME(S) AND TITLE(S) ________________ NAME(S) ____________________________ SEAL _________________________________ SEAL ________________________________

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Bid Security: Surety Bond

BOND NO.: _________________________ DATE BOND EXECUTED: _______________________ By This bond, We (Name of Bidder ) (hereinafter called “ the Principal”) as Principal and (Name of Surety) ,of the country of (Name of Country of Surety) authorized to transact business in the country of (Name of Country of Procuring Entity) , (hereinafter called “the Entity”) as Obligee, in the sum of _______________________ 1 , Philippine currency, callable on demand by the Entity for the payment of which sum, well and truly to be made, we the said Principal and Surety bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sealed with our seal and dated this ____ day of ________________ 20___ WHEREAS, the Principal will submit a written Bid to the Entity on the (Date) day of Month 20 (Year) , for the (Name of Contract ) (hereinafter called “the Bid”). NOW, THEREFORE, the conditions of this obligation are that:

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

2) if the Principal does not accept the correction of arithmetical errors of his bid price in accordance with the Instructions’ to Bidders; or

3) if the Principal having been notified of the acceptance of his Bid and Award of contract in

accordance with the Instructions to Bidders, if required; or

a. fails or refuses 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 Instruction to Bidders;

then the Entity shall call on the bond upon a written demand to the Surety, and the Surety shall pay the entity up to the entered amount of the Bond, upon receipt by the Surety of a written demand from the Entity, without the Entity having to substantiate its demand, provided that, in the demand, the Entity will note that the sum claimed by it is due to the occurrence of any or combination of the three conditions stated above. In this case, this obligation shall remain in full force and effect, otherwise it shall be null and void. PROVIDED HOWEVER, that the Surety shall not be:

a. liable for a greater sum than the specified penalty of this bond, nor

b. liable for a greater sum that the difference between the amount of the said Principal’s Bid and the amount of the Bid that is accepted by the entity.

This Surety executing this instrument hereby aggress that its obligation shall be valid for 120 calendar days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Surety is hereby waived. PRINCIPAL ______________________________ SURETY ________________________________ SIGNATURE(S) ___________________________ SIGNATURES _____________________________ NAME(S) AND TITLE(S _____________________ NAME(S) _________________________________ SEAL __________________________________ SEAL ____________________________________

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AUTHORITY OF SIGNATORY

SECRETARY’S CERTIFICATE

I, _____________________________________________, a duly elected and qualified Corporate Secretary of ___(Name of the Bidder)_______, a corporation duly organized and existing under and by virtue of the law of the __________________________________________________________, DO HEREBY CERTIFY, that: I am familiar with the facts herein certified and duly authorized to certify the same; At the regular meeting of the Board of Directors of the said Corporation duly convened and held on ________________________ at which meeting a quorum was present and acting throughout the following resolutions were approved, and the same have not been annulled, revoked and amended in any way whatever and are in full force and effect on the date hereof: RESOLVED, that _____(Name of the Bidder)_____ be, as it hereby is, authorized to participate in the bidding of ___________(Name of the Contract)_______________ by the ____(Name of the Procuring Entity)________; and that if awarded the Contract shall enter into a contract with the ____(Name of the Procuring Entity)_____; and in connection therewith hereby appoints ____(Name of Representative)_____, acting as duly authorized and designated representatives of ___(Name of the Bidder)_________, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent ______(Name of the Bidder)______ in the bidding as fully and effectively as the _____(Name of the Bidder)_______ might do if personally present with full power of substitution and revocation and hereby satisfying and confirming all that my said representative shall lawfully do or cause to be done by virtue hereof; RESOLVED FURTHER THAT, the Board hereby authorizes its President to:

(1) execute a waiver of jurisdiction whereby the ____(Name of the Bidder)______ hereby submits itself to the jurisdiction of the Philippine government and hereby waives its right to question the jurisdiction of the Philippine courts;

(2) execute a waiver that the _____(Name of the Bidder)_______ shall not seek and obtain writ of

injunctions or prohibition or restraining order against the AFP or any other agency in connection with this Contract to prevent and restrain the bidding procedures related thereto, the negotiating of and award of a contract to a successful bidder, and the carrying out of the awarded contract.

WITNESS the signature of the undersigned as such officer of the said

_______________________________ this _________________________.

______________________________________ (Corporate Secretary)

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ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this _______ day of _____________________, 20_____ affiant exhibited to me his/her Community Tax Certificate No. ___________________________ issued on _________________________ at ________________________________, Philippines.

Notary Public Until 31 December 20_____ PTR No. ____________________ Issued at: ___________________ Issued on: __________________ TIN ________________________ Doc. No. ___________ Page No. ___________ Book No. ___________ Series of ____________

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Omnibus Sworn Statement

) REPUBLIC OF THE PHILIPPINES ) ) 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 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 of [Name of Bidder] with office address at [Address of Bidder] I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of Project] of the [Name of Procuring Entity] 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 and/or to represent the [Name of Bidder] in the bidding as shown in the attached [State title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)];

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;

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 other: If a sole proprietorship: I am not related to the Head of 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, corporation, cooperative or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of 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

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8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder:

a. Carefully examined all of the Bidding Documents;

b. Acknowledged all conditions, local or otherwise, affecting the implementation of the

Contract;

c. Made an estimate of the facilities available and needed for the contract to be bid, if any; and

d. Inquired or secured Supplemental/Bid Bulletin(s) issued for the [Name of Project].

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _____, 20____ at __________________,

Philippines.

_____________________________________________________ Bidder’s Representative/Authorized Signatory