negotiated p (two-failed biddings - hlurb

NEGOTIATED PROCUREMENT

(TWO-FAILED BIDDINGS)

CONSULTING SERVICES for the

SUPERVISION of the

DESIGN and BUILD

of the

THREE-STOREY

HLURB-NTRFO

BUILDING

Government of the Republic of the Philippines

June 2019

3

TABLE OF CONTENTS

SECTION I. REQUEST FOR QUOTATION/PROPOSAL ......................... 4

SECTION II. CHECKLIST OF DOCUMENTS TO BE SUBMITTED ...... 8

SECTION III. NEGOTIATION DATA SHEET ......................................... 10

SECTION IV. TERMS OF REFERENCE ................................................... 15

SECTION V. BIDDING FORMS ................................................................. 30

4

Section I. Request for

Quotation/Proposal

5

INVITATION FOR NEGOTIATED PROCUREMENT DUE TO

TWO-FAILED BIDDINGS

Procurement of Consulting Services for the Supervision of the

DESIGN AND BUILD of the THREE-STOREY HLURB-NTRFO

BUILDING

1. The Housing and Land Use Regulatory Board-Northern Tagalog Regional Field Office

(HLURB-NTRFO), through the General Appropriations Act (GAA) for the Fiscal Year

2019 intends to apply the sum of Two Million Four Hundred Fifty Thousand Pesos

(Php2,450,000.00) being the Approved Budget for the Contract (ABC) to payments under

the contract for Procurement of Consulting Services for the Supervision of the DESIGN

AND BUILD of the THREE-STOREY HLURB-NTRFO BUILDING. Proposals

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

proposals.

2. The HLURB-NTRFO, through its Special Bids and Awards Committee (SBAC), now

invites technically, legally, and financially capable consultants for the mentioned services.

3. The procurement procedure for this project is Negotiated Procurement due to two (2)

failed biddings pursuant to Section 53.1 of the Revised Implementing Rules and

Regulations (IRR) of Republic Act No. 9184 (RA 9184), otherwise known as the

"Government Procurement Reform Act", including Annex "H" thereof.

Interested consultants shall have the following basic qualifications:

a. Duly licensed Filipino citizens/sole proprietorships;

b. Partnerships duly organized under the laws of the Philippines and of which at least

sixty percent (60%) of the interest belongs to citizens of the Philippines;

c. Corporations duly organized under the laws of the Philippines and of which at least

sixty percent (60%) 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

sixty percent (60%) belongs to citizens of the Philippines; or

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 Filipino ownership or interest thereof shall

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be at least sixty percent (60%). 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 The

SBAC shall engage in negotiations with a sufficient number of consultants to ensure

effective competition. The Consultant shall be selected and employed in accordance

with Quality-Based Evaluation procedure as described in the Negotiation Documents.

4. Interested Consultants may obtain further information from the SBAC Secretariat at the

address given below from Monday to Friday at 8:00 a.m. to 4:00 p.m.

The schedule of procurement activities is herein stated below:

Activities Schedule

1. Posting and availability of Negotiation

Documents

04 June 2019 at the 3rd Floor, Insular Life

Bldg., Dolores, City of San Fernando,

Pampanga

2. Negotiation with prospective

Consultants

10 June 2019 (9:00AM-4:00PM) at the 3rd

Floor, Insular Life Bldg., Dolores, City of

San Fernando, Pampanga

3. Deadline for the Submission of

Negotiation Documents (Proposal)

18 June 2019 (10:00 am.) at the 3rd Floor,

Insular Life Bldg., Dolores, City of San

Fernando, Pampanga

4. Opening of Negotiation Documents

(Proposal)

18 June 2019 (10:05 a.m) at the 3rd Floor,

Insular Life Bldg., Dolores, City of San

Fernando, Pampanga

5. The complete set of Negotiation Documents may be downloaded from the HLURB Website

www.hlurb.gov.ph , beginning June 04, 2019.

6. Bids shall be submitted in sealed envelopes (Envelopes 1, 2 & 3), labeled as "Negotiated

Documents", with the title of the procurement project, name of the Bidder, address of the

Bidder, and contact details of the bidder, addressed to the undersigned.

7. The HLURB-NTRFO reserves the right to reject any and all bids, declare a failure of

bidding, or not award the contract at any time prior to contract award in accordance with

Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected

bidder or bidders.

8. For further information, please refer to:

http://www.hlurb.gov.ph/

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CHARLES BREINER A. MEDINA

SBAC Secretary

HLURB-NTRFO

3rd Floor Insular Life Building

Brgy. Dolores, City of San Fernando, Pampanga 2000

Tel. no. (045) 963 7376 and (045) 409 7943

Email: [email protected]

June 4, 2019

_________________________________

ENGR. PERLITO C. ABELLO SBAC Chairman

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Section II. Checklist of Documents to

be Submitted

9

CHECKLIST OF DOCUMENTS TO BE SUBMITTED

Consulting Services for the Supervision of Design and Build of Three-Storey

HLURB-NTRFO Building

(NOTE: Submit one original and two copies of documents using the applicable forms as stated)

ENVELOPE 1- ELIGIBILITY DOCUMENTS shall contain the following:

Legal Documents

PhilGEPS Certificate of Registration

Technical Documents

If applicable, valid Joint Venture Agreement (JVA) in case the joint venture is already in

existence, In the absence of a JVA, 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.

PhilGEPS Certificate of Registration of all joint venture partners in accordance with Section

8.5.2 of the revised IRR of RA 9184. The submission of technical and financial documents by

any of the joint venture partners constitutes compliance (Sec. 24.1b of the same IRR).

ENVELOPE 2- TECHNICAL PROPOSAL

1. Technical Proposal (TPF 1);

2. Consultant’s References (TPF 2);

3. Comments and Suggestions of Consultant on the Terms of Reference (TPF 3);

4. Description of the Methodology and Work Plan (TPF 4);

5. Team Composition and Tasks (TPF 5);

6. Format of Curriculum Vitae for Proposed Professional Staff (TPF 6);

7. Time Schedule for Professional Personnel (TPF 7);

8. Activity (Work) Schedule (TPF 8);

9. Omnibus Sworn Statement in accordance with Section 25.3 of the IRR of RA No.

9184.

10. Bid Securing Declaration or any other form of Bid Security in accordance with ITB

Clause 15.1 of the Negotiation Data Sheet.

ENVELOPE 3 –FINANCIAL PROPOSAL

1. Financial Proposal (FPF 1);

2. Summary of Costs (FPF 2);

3. Breakdown of Price Per Activity (FPF 3);

4. Breakdown of Remuneration Per Activity (FPF 4);

5. Reimbursables Per Activity (FPF 5);

6. Miscellaneous Expenses (FPF 6)

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Section III. Negotiation Data Sheet

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Negotiation Data Sheet

ITB Clause

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The Procuring Entity is Housing and Land Use Regulatory Board-Northern

Tagalog Regional Field Office (HLURB-NTRFO).

The evaluation procedure is Quality Based Evaluation (QBE)

NOTE:

QBE – (GoP) The Consultant achieving the highest Technical Score (St)

has its Financial Proposal opened and provided that it is within the ABC or

cost estimate, which is disclosed in the Negotiation Documents, is invited

to negotiate a contract.

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The Funding Source is:

The Government of the Philippines (GoP) through the General

Appropriations Act for the Fiscal Year 2019.

The name of the project is Consulting Services for the Supervision of the

Design and Build of the Three-Storey HLURB-NTRFO Building.

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Supervision of the Design and Build of the Three–Storey HLURB-NTRFO

Building.

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The Project shall have three (3) phases: Pre-construction, Construction and

Post-construction.

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No further instructions.

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Subcontracting is not allowed.

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Not applicable.

7.1 Not applicable

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The Procuring Entity’s address is:

HLURB-NTRFO

3rd Floor Insular Life Building, MarArthur Highway,

Brgy. Dolores, City of San Fernando, Pampanga

Contact the SBAC Secretariat:

Charles Breiner A. Medina

Tel. no. (045) 963 7376 & (045) 409 7943

Email: [email protected]

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Not applicable

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The minimum required experience of proposed professional staff is as

follows:

Project Manager Filipino;

Licensed Architect/Engineer with valid PRC ID;

At least five (5) years’ experience as Project

Manager in construction supervision and

five (5) years of accumulated experience in

construction supervision and/or construction.

Civil/Structural Filipino;

Engineer Licensed Civil Engineer with valid PRC ID;

At least five (5) years’ experience as Structural

Engineer and at least five (5) years of accumulated

Experience in construction supervision and/or

construction.

Onsite Resident Filipino;

Engineer Licensed Civil Engineer with valid PRC ID;

At least five (5) years’ experience of accumulated

experience in construction supervision and/or

construction.

Sanitary Engineer Filipino;

Licensed Sanitary Engineer with valid PRC ID;

At least five (5) years of accumulated experience in

construction supervision and/or construction.

Electrical Engineer Filipino;

Licensed Electrical Engineer with valid PRC ID;

At least five (5) years of accumulated experience

in construction supervision and/or construction.

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Mechanical Engineer Filipino; Licensed Mechanical Engineer with valid PRC ID;

At least five (5) years of accumulated experience in

construction supervision and/or construction

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Refer to the ToR.

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The ABC is Two Million Four Hundred Fifty Thousand Pesos

(Php 2,450,000.00). Any bid with a financial component exceeding this

amount shall not be accepted.

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The bid prices shall be quoted in Philippine Pesos.

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Bids will be valid until October 3, 2019.

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The bid security shall be limited to a Bid Securing Declaration or any of the

following forms and amounts:

1. The amount of not less than Php 39,000.00, if bid security is in cash,

cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of

credit; or

2. The amount of not less than Php 98,000.00, if bid security is in Surety

Bond.

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The bid security shall be valid until October 3, 2019.

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Each Bidder shall submit one (1) original and two (2) copies of the first,

second and third envelopes of its bid.

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The address for submission of Negotiation Documents is at the 3rd Floor

Insular Life Building, MacArthur Highway, Brgy. Dolores, City of San

Fernando, Pampanga.

The deadline for submission of Negotiation Documents is June 18, 2019,

10:00 AM.

21.2 The address for opening of Negotiation Documents is at the 3rd Floor Insular

Life Building, MacArthur Highway, Brgy. Dolores,

City of San Fernando, Pampanga.

The date and time for opening of Negotiation Documents is June 18, 2019,

10:05 AM.

22.1 No further instructions.

25.1 The following processes for the opening and evaluation of Negotiation

Documents shall be adopted:

a) A two-stage procedure shall be adopted whereby each Consultant shall

be required to submit his eligibility documents, technical and financial

proposals simultaneously in separate sealed envelopes.

b) After receipt of Negotiation Documents, the Envelopes 1 & 2 containing

the eligibility documents and technical proposals respectively shall first

be opened and evaluated. The SBAC shall rank the consultants in

descending order based on the numerical ratings of their technical

proposals and identify the Highest Rated Bid: Provided, however, that

the Highest Rated Bid shall pass the minimum score indicated therein.

c) The financial proposal (Envelope 3) of the Highest Rated Bid shall be

opened and the conduct of negotiation shall proceed, the amount

indicated in the financial envelope shall be made as the basis for

negotiation provided it shall not exceed the ABC.

25.3 The numerical weight and the minimum required St for each criterion are

as follows:

Quality of Personnel 30

Experience and Capability 35

Plan of Approach and Methodology 35

15

Technical Approach and Methodology (20) Work Plan (10)

Organization and Staffing (5)

TOTAL 100

The minimum required St for each criterion is 60%

The minimum total St required to pass is 60%

26.1 The opening of Negotiation Documents shall be on June 18, 2019, 10:05

AM at the 3rd Floor Insular Life Building, MacArthur Highway, Brgy.

Dolores,

City of San Fernando, Pampanga.

26.2 Should the negotiations fail, the Financial Proposal of the Consultant

achieving the second highest St shall be opened and shall be invited to

negotiate its Proposal and the contract on the basis of the Technical and

Financial Proposals submitted. If these negotiations still fail, then the same

process is repeated for the next-in-rank Consultants until negotiations are

successfully completed.

27.1 The address for negotiations is HLURB-NTRFO, 3rd Floor Insular Life

Building, MacArthur Highway, Brgy. Dolores, City of San Fernando,

Pampanga.

27.2(e) Not applicable.

28.2 No additional requirement.

31.4.6 No additional requirement.

32.1 No further instructions.

33.2 The effective date of the contract is upon the issuance of the Notice to

Proceed.

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Section IV. Terms of Reference

17

TERMS OF REFERENCE

OF THE

CONSULTING SERVICES FOR THE SUPERVISION OF THE

DESIGN AND BUILD OF THE THREE-STOREY HLURB-NTRFO BUILDING

I. BACKGROUND

The Housing and Land Use Regulatory Board (HLURB) is a national government agency

tasked as the planning, regulatory and quasi-judicial body for land use development, real estate

and housing regulation and homeowners’ associations (HOA).

The HLURB-NORTHERN TAGALOG REGIONAL FIELD OFFICE’s (HLURB-

NTRFO) proposal to construct a new building was triggered by the growing number of clientele

and employees as a consequence of HLURB's additional mandates, the annual increase in office

building rental and the opportunity granted by the Regional Development Council 3 to construct a

building at the Diosdado Macapagal Government Center, Brgy. Maimpis, City of San Fernando,

Pampanga.

II. PROJECT DESCRIPTION AND OBJECTIVE

HLURB-NTRFO is tapping the expertise of a technical consultant who will act as the

PROJECT MANAGEMENT OFFICE (PMO) to augment representatives from HLURB-

NTRFO in supervising the design and construction of the proposed three-storey HLURB-NTRFO

Building. The HLURB-NTRFO requires the services of a PMO whose expertise in construction

supervision will ensure that the Contractor’s A & E design plans will conform with the design

parameters set by the HLURB-NTRFO in its Contract Documents and likewise ensure that daily

construction activities satisfy standards of safety, structural integrity, quality of materials and

workmanship, timeliness and budget specified for said construction.

The bids/proposals shall be evaluated using the Quality-Based Evaluation (QBE)

Procedure as provided for in the Revised Implementing Rules and Regulations of Republic Act

No. 9184 or the Government Procurement Reform Act.

Basic Information are as follows:

A. The Project Consulting Services for the Supervision of the

Design and Build of the Three-Storey

HLURB-NTRFO Building

B. Location Diosdado Macapagal Government Center

(DGMC), Brgy. Maimpis, City of San

Fernando, Pampanga

C. Type of Building Government Office Building

D. Lot Area 630 square meters

E. Gross Floor Area Approximately 1,245 square meters

F. Contract Duration From the date stated in the Notice to Proceed

up to the issuance of the Certificate of Final

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Acceptance of the Three-Storey HLURB-

NTRFO Building

G. Approved Budget for the Contract

(ABC)

Php2,450,000.00 inclusive of notarial fees, all

applicable taxes and subject to creditable

withholding tax

III. DEFINITION OF TERMS

A. CONSTRUCTION QUALITY CONTROL PLAN (CQCP) - shall be the

documentation of the process of Construction Quality Control, an outline of the

procedures and personnel to be employed by the CONTRACTOR to ensure that

completed work complies with the contract documents. The CQCP includes, but is not

limited to, materials quality control, process control testing, inspection/control

procedures, quality records and personnel qualifications. The CQCP shall be coordinated

with jobsite safety and health requirements to effect zero defects and zero accidents.

During construction, the consultant, and the HLURB’s Technical Working Group

(TWG) shall guide and assist the CONTRACTOR in developing and executing the

CQCP.

B. CONSULTANT - shall refer to the construction supervision firm to whom the

consultancy agreement was awarded and shall also refer to as the Project Management

Office (PMO)

C. CONTRACT - shall mean the consulting services agreement for the supervision of the

design and build/construction of the Three-Storey HLURB-NTRFO Building.

D. CONTRACT DOCUMENTS - shall mean the Philippine Bidding Documents and the

Terms of Reference as prepared by HLURB-NTRFO; and the duly approved plans,

specifications, estimates, bill of quantities and other documents that define the technical

requirements of the Project, as prepared by the CONTRACTOR and duly approved by

HLURB-NTRFO.

E. CONTRACTOR - shall refer to construction firm which was awarded with the Design

and Build contract.

F. DEFECTS LIABILITY PERIOD - shall refer to the one-year period between contract

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.

G. DESIGN AND BUILD CONTRACT - shall mean the contract for the Design and

Build/Construction of the Three-Storey HLURB-NTRFO Building and shall also refer to

as the Civil Works Contract.

H. HLURB-NTRFO - shall refer to the Housing and Land Use Regulatory Board -

Northern Tagalog Regional Field Office, the Procuring Entity (PE)

I. PROJECT - shall mean the Consulting Services for the Supervision of the Design and

Build of the Three-Storey HLURB-NTRFO Building.

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J. SIMILAR PROJECTS - shall refer to the construction supervision of office (private

or government), commercial (such as hotels or malls), institutional buildings (such as

hospitals or schools) and condominium buildings, with a minimum of three-storey.

IV. GENERAL DUTIES AND RESPONSIBILITIES OF THE CONSULTANT

A. The CONSULTANT shall proactively ensure that the Pre-Construction, Construction

and Post-Construction Phases are executed within quality, cost and time parameters at each phase

of the Project, in accordance with the duly approved plans, specifications, bill of quantities and

other contract documents of the Project.

B. For the proper execution of each Phase of the Project, the CONSULTANT shall:

1. Establish and apply construction management concepts, policies, systems,

techniques and procedures, for the review and approval of HLURB-NTRFO prior

to implementation;

2. Review and have work knowledge of all the contract documents, more particularly

those pertaining to construction phase, as well as all pertinent codes and policies,

including the IRR of RA No. 9184, for the proper and timely implementation of

the Project;

3. Prepare monthly progress reports on the execution of the Civil Works Contract.

Such reports shall include, among others, summaries, letters, reports, photos,

minutes of meetings and other documents related to the Project;

4. Render full quantity surveying services, in time for the conduct of a joint survey of

the site and the joint preparation of the Bill of Quantities between the

CONSULTANT and/or HLURB-NTRFO and the CONTRACTOR, as required by

the General Conditions of the Contract. Should there be any discrepancies between

the Bill of Quantities submitted by the CONTRACTOR and the Bill of Quantities

after the joint quantification, the differences shall be considered as variations,

provided that the cumulative amount of the positive or additive Variation Order

does not exceed ten percent (10%) of the original contract price;

5. Review, monitor and report deviations to HLURB-NTRFO and recommend

remedial measures;

6. In case the CONTRACTOR shall have an early start or delay in construction, the

CONSULTANT shall perform all its duties and responsibilities as stipulated in this

Terms of Reference at no extra cost to HLURB; and

7. In case of gross negligence or willful misconduct on the part of the

CONSULTANT, or on the part of any person or firm acting in behalf of the

CONSULTANT, in carrying out the Consultancy Agreement, the CONSULTANT

shall be liable for any direct and/or indirect loss or damage to HLURB.

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V. DETAILED SCOPE OF SERVICES

The services of the CONSULTANT shall include those which are necessary for the completion

of the Project, starting from the preparation of contract documents and the site up to the issuance

by HLURB-NTRFO of the Certificate of Final Acceptance, including but not limited to the

following:

A. Pre-Construction Phase

1. Review all contract documents (drawings and specifications) that are submitted

for construction, including those released by HLURB-NTRFO, for the proper and

timely implementation of the Project;

2. Provide advice and technical support to HLURB-NTRFO as required in the proper

execution of the work;

3. Prepare the guidelines for execution of construction supervision for approval by

HLURB-NTRFO.

4. Prepare a Quality Management Program (QMP) to be adopted in order to provide

a comprehensive integrated quality system for the construction of the project. The

QMP shall contain, but not limited to, the following:

a. The Consultancy Services

b. Policy Statement

c. Scope and Field Application

d. Definitions of Responsibilities

e. Document Control

f. Meetings

g. Duties and Responsibilities of Personnel

h. As-Built Drawings

i. Construction Quality Control Plan

j. Work Approval Procedure

k. Preparation of Payment Certification

l. Variation Orders

m. Monthly Reports

n. Health and Safety

o. Final Document

p. Contract Closure

B. Construction Phase

1. Review of Construction Drawings and Specifications

a. Review the Program of Works submitted by the CONTRACTOR, and if found

acceptable, recommend for approval to HLURB-NTRFO;

b. Monitor, oversee and supervise the execution of the Project AT ALL TIMES

for compliance with plans, specifications and other contract documents. The

various construction materials used on the works shall also be checked on a

regular basis to ensure their quality and conformity with the contract

specifications. For this purpose, the CONSULTANT shall maintain

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representative at the site at all times that the CONTRACTOR is working, to

supervise the work; and issue instructions, if necessary;

c. Respond immediately to HLURB-NTRFO’s requests for clarification on

issues/guidelines issued as the work progresses for close monitoring of the

field performance of the CONTRACTOR;

d. Monitor safety programs developed by the CONTRACTOR, especially those

safety provisions for the overall works as provided by the General Conditions

of the Civil Works Contract, which also include on-site security, first aid, fire

protection, traffic circulation and other safety programs as approved by

HLURB-NTRFO, including protection of HLURB-NTRFO furnished

materials and equipment. The CONTRACTOR shall be made aware that safety

provisions do not relieve them of the responsibilities and liabilities for safety

and/or property damages;

e. Clarify technical problems, including those caused by unforeseen

contingencies and expediencies, coordinating their resolution with HLURB-

NTRFO and the CONTRACTOR as required, such that the implementation of

the Project shall not be delayed;

f. In coordination with the CONTRACTOR, propose and present to HLURB-

NTRFO for approval, any changes in the plans that may be deemed necessary

for the completion of works indicating any effect the changes may have on the

contract amount and any additional time required to complete the project, and

submit all necessary change orders, including revision and/or alteration of

plans and specifications and other details;

g. Evaluate, in consultation with the CONTRACTOR, the latter's claims,

recommendations for time extension, price escalation/de-escalation, extra

compensation/work expenses, field revisions, suggested substitutions and

requests for variation order, and accordingly recommend approval or

disapproval to HLURB-NTRFO;

h. Confirm the validity of CONTRACTOR's Requests for Payment through

detailed evaluation of construction plans vis-a-vis accomplished/completed

work and actual deliveries of equipment to site;

i. Monitor start-up and testing of building system, execute building

commissioning, and complete Civil Works Contract close-out with the

CONTRACTOR;

j. Review, evaluate and process all applications for progress billing and/or

payments of the CONTRACTOR per approved procedures of HLURB-

NTRFO;

k. Recommend and discuss with HLURB-NTRFO any comments or findings that

may contribute to the proper implementation of the Project.

2. Quality Control During Construction

a. Coordinate with the CONTRACTOR in developing and executing the CQCP

to ensure compliance by the CONTRACTOR with plans, specifications, bill of

quantities and other documents;

b. Guide and assist HLURB-NTRFO and the CONTRACTOR in the

implementation of the Project in accordance with the contract documents;

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c. Check the quality of materials used and the workmanship employed in the

execution of the Project in compliance with the plans, specifications and other

contract documents, in the process protecting the interests of HLURB-NTRFO

in terms of quality, economy and time per requirements of the Civil Works

Contract;

d. Supervise and monitor the inspection, testing and acceptance of all materials

before they are utilized in the Project. Evaluation reports and recommendations

of the test results shall be submitted to HLURB-NTRFO for review;

e. Physically inspect the execution of the Project, including the installation of

equipment and materials by the CONTRACTOR, in accordance with the

contract documents. Keep regularly an updated list of the Contractor's

equipment to ensure compliance provided in the Contractor's bid;

f. Conduct factory and plant inspections when required, and report findings and

prepare recommendations to HLURB-NTRFO;

g. Inspect and audit CONTRACTOR's execution of the Project at the Project Site,

reporting and initiating rectification of any deviation from the contract

documents;

h. Recommend suspension of work, in whole or in part (per the procedures of

HLURB-NTRFO), if the work is deemed non-complying with the contract

documents, or against accepted construction and/or engineering standards and

practices;

i. Set-up regular on-site inspection visits of the Project with the CONTRACTOR

and HLURB-NTRFO;

j. Prepare a punch list of all items of the projects which require correction after

the Project which is substantially completed and before the final joint

inspection is conducted;

k. Ensure that each item in the punch list is corrected before project completion is

recommended to HLURB-NTRFO;

l. Set-up a final on-site inspection of the Project with HLURB-NTRFO and

CONTRACTOR upon completion of the Project.

3. Schedule Control

a. Review the CONTRACTOR's construction schedule by Critical Path Method

(CPM) analysis, prepare a Project Time Schedule for all activities of the

Project and ensure, through regular updating of the CPM analysis, that the

CONTRACTOR, HLURB-NTRFO and other entities directly or indirectly

involved in the execution of the project are fully and regularly informed of the

status of the time schedule of the Project;

b. Ensure, through adherence of the CONTRACTOR to its approved CQCP, that

time, labor, materials and equipment of the CONTRACTOR are adequate and

available before each construction activity, for timely performance and

prevention of delays;

c. Monitor the respective time schedules of the CONTRACTOR and other

entities directly or indirectly involved in the Project in accordance with a

Project Time Schedule, recommending and taking corrective actions when

deviations occur.

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4. Project Documentation

a. Maintain records of all visits, contracts, shop drawings, samples, purchase

documents, materials, equipment, applicable codes, permits, deliveries and

other pertinent documents;

b. Ensure that the CONTRACTOR maintains a current set of records,

construction drawings and specifications and any other required project

documents at the Project Site;

c. Monitor the CONTRACTOR's production of as-built drawings.

C. Post-Construction Phase

1. Completion and Final Acceptance

a. Upon ninety-five percent (95%) completion, inspect the works, together with

the HLURB-NTRFO, and inform the CONTRACTOR in writing regarding

items needing rectification for one hundred percent (100%) completion. Upon

100% completion, the CONSULTANT shall assist HLURB-NTRFO in the

inspection of the project in connection with the issuance of the Turn-Over

Certificate stating the date or dates from which the Defects Liability Period

shall commence. Before issuance to the CONTRACTOR of the Certificate of

Completion, the CONSULTANT shall carry-out the necessary inspection,

specify and supervise any remedial works to be carried out when completed,

and recommend to HLURB-NTRFO for final inspection and acceptance of the

project;

b. Should any problem or other concerns occur during the mandatory one (1) year

Defects Liability Period after the issuance of a certificate of completion, the

CONSULTANT, upon the request of HLURB-NTRFO, make available its

personnel involved in the construction supervision of such completed contract

package/s to assist HLURB-NTRFO in resolving said problems/issues;

c. Issue a certificate concurring on the completion of the Project;

d. Facilitate the conduct of the Contractor's Performance Evaluation System

(CPES) by the procuring entity;

e. A Certificate of Final Acceptance of the Project may be issued by HLURB-

NTRFO one (1) year after issuance of certificate of completion.

2 Final Review of As-Built Plans

Review and record all approved deviations of the as-built plans prepared by the

CONTRACTOR prior to finalization for submission to HLURB-NTRFO. Review

of electronic files shall also be included.

5. Closing of CONTRACTOR's Account

a. Assist in the settlement of claims between HLURB-NTRFO and the

CONTRACTOR;

b. Assist HLURB-NTRFO in closing the accounts of the CONTRACTOR in

relation to the Project.

24

6. Preparation of the Final Project Report

Prepare the Final Project Report which will be submitted to HLURB-NTRFO, with

observations and recommendations on the contractual, technical and Civil Works

Contract time performance of the CONTRACTOR. The Final Project Report

should include, among others, logbooks, test results and the history of the Project.

D. The CONSULTANT shall perform any and all other items of work not specifically

mentioned above but which are necessary and essential to successfully supervise and

control the construction activities in accordance with the plans, specifications and terms of

contract. The CONSULTANT's responsibility for the works shall continue until the

Certificate of Final Acceptance has been issued by HLURB-NTRFO.

VI. DATA AND ASSISTANCE TO BE PROVIDED BY HLURB-NTRFO

HLURB-NTRFO will provide the CONSULTANT with copy/ies of Approved Detailed

Engineering Documents (approved detailed engineering plans, surveys and soil investigation data,

reports).

In connection with the work by the CONSULTANT that requires the cooperation of other

government agencies, HLURB-NTRFO will provide assistance and will ensure that the

CONSULTANT has access to all available information as may be allowed by law.

VII. DESIGN AND CONSTRUCTION SUPERVISION KEY PERSONNEL

Number of

Personnel

Position Qualifications

One (1) PROJECT MANAGER Filipino

Licensed Architect/Engineer with valid PRC

ID

At least five (5) years’ experience as

Project Manager in construction supervision

and five (5) years of accumulated

experience in construction supervision

and/or construction

One (1) CIVIL/STRUCTURAL

ENGINEER

Filipino

Licensed Civil Engineer with valid PRC ID

At least five (5) years’ experience as

Structural Engineer and

At least five (5) years of accumulated


and/or construction

One (1) ON-SITE RESIDENT

ENGINEER

Filipino

Licensed Civil Engineer with valid PRC ID

25

At least five (5) years’ experience of

accumulated experience in construction

supervision and/or construction

One (1) SANITARY ENGINEER Filipino

Licensed Sanitary Engineer with valid PRC

ID



and/or construction

One (1) ELECTRICAL ENGINEER Filipino

Licensed Electrical Engineer with valid PRC

ID



and/or construction

One (1) MECHANICAL ENGINEER Filipino

Licensed Mechanical Engineer with valid

PRC ID



and/or construction

The non-compliance of the minimum requirements set for Project Manager will result in the

disqualification of the bidder.

In case of death, separation, dismissal or resignation of original selected key personnel and

staff, no replacement or substitution shall be made without prior written approval of HLURB-NTRFO.

However, the replacement or substitute shall meet the minimum qualifications specified herein.

Further, no mobilization, demobilization and leave of absence shall be made by the key personnel

without prior written approval of HLURB-NTRFO.

VIII. SUBMITTALS

The CONSULTANT shall submit, among others that may be required, the following submittals

at each Phase of the Project:

A. Pre-Construction Phase

The Pre-Construction reports should include:

a. Review of the CONTRACTOR's plans and specifications.

b. Review of the CONTRACTOR's Bill of Quantities and cost estimates.

c. Review of results of joint survey of actual conditions with the

CONTRACTOR, resulting in changes in plans, and recommended variation

orders, if any.

d. Review of the Construction Program submitted by the CONTRACTOR.

26

B. Construction Phase

1. Construction Monthly Report that will comprise of the following items:

a. Progress Reports

b. Minutes of meetings including regular and other meetings.

c. Logbook of daily time record of construction supervision personnel.

d. Report on weather condition and daily equipment utilization.

e. Other reports, communications and records which are relevant to the

implementation of the Project.

2. General punch list of known defects, if any

3. Report/Certification that each item in the punch list has been corrected before Project

completion is recommended to HLURB-NTRFO.

C. Post-Construction Phase

1. Final Project Report signed by the CONSULTANT.

IX. CONTRACT PRICE AND TERMS OF PAYMENT

A. APPROVED BUDGET FOR THE CONTRACT (ABC)

For and in consideration of the faithful and full performance of the services enumerated herein

and in the Agreement, HLURB-NTRFO agrees to pay the CONSULTANT the amount indicated in the

financial envelope which shall not exceed the amount indicated in the envelope and the Approved

Budget for the Contract (ABC) as stated in the Request for Expression of Interest and the Bidding

Documents.

The aforesaid fee is inclusive of all expenses, notarial fees, applicable taxes and subject to

creditable withholding tax.

B. TERMS OF PAYMENT

The payment scheme below shall be observed in the processing of payment and/or in favor of

the CONSULTANT:

PHASE REQUIREMENTS PORTION OF THE

CONTRACT PRICE

PER PHASE

A. Pre-Construction Phase Upon issuance of Notice to Proceed

(7.5%)

*15% Advance Payment

Billing and completion, submission

and acceptance of all requirements

per Item V, A. Detailed Scope of

Services, Pre-Construction Phase

and Item IX, A. Submittals – Pre-

Construction Phase (7.5%)

B. Construction Phase Billing and completion, submission


(Monthly Progress Report, etc.). If

Construction Phase:

1st month-15%

2nd month-15%

27

the civil works contract duration is

modified, the remaining balance of

the fees due to the CONSULTANT

shall be adjusted accordingly.

[Item V, B. Detailed Scope of

Services-Construction Phase and

Item IX,B Submittals – Construction

Phase]

3rd month-15%

4th month-15%

5th month-15%

6th month-15%

C. Post-Construction Phase Billing and completion, submission


per Item V, C. Detailed Scope of

Services, Post-Construction Phase

and Item IX,C. Submittals – Post-

Construction Phase

1. To be released after issuance of

Certificate of Completion

5%

2. To be released after issuance of

Certificate of Final Acceptance

5%

* Advance payment of 15%

Advance payment for mobilization shall be allowed upon formal written request by the

CONSULTANT. The approved amount shall not exceed fifteen percent (15%) of the fee and shall only

be released upon posting of an irrevocable standby letter of credit of equal value issued by a reputable

bank acceptable to HLURB-NTRFO. The advanced payment shall be repaid until fully liquidated

by the CONSULTANT by deducting from its progress payments such sum as may be agreed upon

during the contract negotiations.

X. PERFORMANCE SECURITY

To guarantee the faithful performance by the consultant of its contractual obligations, it shall

post a performance security prior to the signing of the contract. The performance security shall be in an

amount equal to a percentage of the total contract price in accordance with the following schedule:

FORM OF PERFORMANCE SECURITY

AMOUNT OF PERFORMANCE SECURITY

(EQUAL TO PERCENTAGE OF THE TOTAL

CONTRACT PRICE)

Cash, cashier's/manager's check, bank

draft/guarantee confirmed by a Universal

Or Commercial Bank.

Five Percent (5%)

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.

Five Percent (5%)

Surety Bond callable upon demand issued by a

surety or insurance company duly certified by the

Thirty Percent (30%)

28

Insurance Commission as authorized to issue

such security.

Any combination of the foregoing Proportionate to share of form with respect to

total amount of security

The performance security shall be denominated in Philippine Pesos and posted in favor of the

procuring entity, which shall be forfeited in the event it is established that the winning bidder is in

default in any of its obligations under the contract.

HLURB-NTRFO shall release the performance security to the Consultant upon final acceptance

of the work and upon clearance of all liabilities relative to the project.

XI. DISCLOSURE OF RELATIONS

All bidding documents shall be accompanied by a sworn affidavit of the bidder that it, or any

officer of its corporation, is not related to the Head of the Procuring Entity, members of the Special

Bids and Awards Committee (SBAC), the Technical Working Group (TWG) and the SBAC Secretariat,

by consanguinity or affinity up to the third civil degree. Failure to comply with the aforementioned

provisions shall be a ground for the automatic disqualification of the bid in consonance with Section 30

of the IRR of RA 9184.

In no case shall the winning bidder or any officer of their corporation be related by

consanguinity or affinity up to third civil degree, to the winning bidder of the Civil Works Procurement

or any of its officers.

XII. JUDICIAL AND ADMINISTRATIVE REMEDIES

HLURB-NTRFO shall have the right to declare the Agreement rescinded and terminated, after

due notice, upon failure of the CONSULTANT to comply with any of its terms and conditions, without

prejudice to the right of HLURB-NTRFO to proceed against the CONSULTANT as may be warranted

by the facts and circumstances of the case, including forfeiture of the performance bond and/or the filing

of appropriate administrative, civil and/or criminal charges against the responsible persons.

All actions and controversies that may arise from the Agreement, including but not limited to

demands for specific performance of obligations and/or in the interpretation of any provision or clause

contained herein, shall only be brought by the parties before the proper court in the City of San

Fernando, Pampanga. Administrative or arbitration proceedings shall only be instituted in Region 3.

Accordingly, the CONSULTANT hereby expressly waives all other venues.

In the event a judicial, administrative or arbitration proceedings is instituted, either by the

CONSULTANT or by HLURB-NTRFO, all fees or any balance thereof, shall be payable only upon

finality of the instituted judicial, administrative, or arbitration proceedings. The same rule shall apply

in the enforcement of other terms and conditions of the Agreement favorable to the CONSULTANT.

Should the CONSULTANT be found liable in whole or in part, it shall pay HLURB-NTRFO damages

equivalent to at least twenty percent (20%) of the total amount claimed, in addition to attorney's fees,

litigation expenses and cost of suit.

29

XIII. MISCELLANEOUS PROVISIONS

A. Before HLURB-NTRFO pays the consideration, or part thereof, for the Agreement, the

CONSULTANT shall execute a sworn statement that it has fully paid the wages, allowances

and all other benefits of its employees as provided under labor laws, social legislations, local

ordinances, executive and administrative orders, their employment contracts, and pertinent

rules and regulations of the Department of Labor and Employment and other concerned

government agencies. That it shall continue to comply with such laws, rules and contracts for

the duration of the Agreement.

B. It is expressly agreed and understood that all workers and/or personnel, technical or otherwise,

of the CONSULTANT assigned to the Service are NOT employees of HLURB-NTRFO, hence,

the latter is not liable for any and all money claims by the employees of the former by reason

of their performance of the duties and obligations under the Agreement. Nothing in the

Agreement shall be construed as establishing the relationship of employer and employee

between HLURB-NTRFO and any of the CONSULTANT's workers and/or personnel.

C. Accordingly, the CONSULTANT shall, at all times, be directly responsible for all workers and

personnel it employs or contracts for the Agreement and therefore relieves HLURB-NTRFO

from any and all responsibilities whatsoever in this regard.

D. The CONSULTANT holds HLURB-NTRFO free from any and all claims, liabilities, loses and

suits filed against it by third parties arising from the CONSULTANT's services under the

Agreement, or by the acts, omissions or conduct of all its representatives and/or persons

employed or contracted by it to work, participate or assist in the performance of its obligations

under the Agreement.

E. If the CONSULTANT shall violate any of the terms and conditions of this Agreement,

or shall neglect to perform any of their work, duties, functions, responsibilities or obligations

stipulated therein, or for any other cause shall fail to carry the task in an acceptable manner,

and by reason thereof, HLURB-NTRFO suffers damages or losses, the CONSULTANT shall

be assessed liquidated damages in an amount of at least equal to one-tenth of one percent (0.1%)

of the cost of the unperformed portion for every day of delay. Once the cumulative amount

of liquidated damages reaches ten percent (10%) of the amount of the contract, HLURB-

NTRFO shall rescind the contract, without prejudice to other courses of action and remedies

open to it.

F. If the work under this Agreement is abandoned or suspended at the instance of HLURB-

NTRFO, in whole or in part, the CONSULTANT shall be paid for the services rendered

corresponding to the fees at the stage of suspension or abandonment of work.

G. The CONSULTANT shall not sub-contract the performance of the duties and obligations under

the Agreement.

H. Any extension to the Agreement's period, or any of its stages, due to the fault of the

CONSULTANT, shall not involve any additional cost to HLURB-NTRFO.

30

I. The CONSULTANT shall comply with all laws, decrees, acts, ordinances, rules and regulations

of the Philippines which may affect the contract in any way, including the expressed and

implied warranties and liabilities which may be found therein.

-end-

31

Section V. Bidding Forms

Technical Proposal Forms .................................................................. 31

Omnibus Sworn Statement ................................................................. 41

Financial Proposal Forms ................................................................... 47

Form of Contract Agreement .............................................................. 53

32

TECHNICAL PROPOSAL FORMS

Notes for Consultants

The following summarizes the content and maximum number of pages permitted for the

Technical Proposal. A page is considered to be one printed side of A4 or letter sized paper.

Cover Letter

Use TPF 1. Technical Proposal Submission Form.

Experience of the Firm

Maximum of [insert acceptable number of pages] introducing the background and general

experience of the Consultant, including its partner(s) and subconsultants, if any.

Maximum of [insert acceptable number of pages] completed projects in the format of TPF

2. Consultant’s References illustrating the relevant experience of the Consultant, including

its partner and subconsultants, if any. No promotional material should be included.

General approach and methodology, work and staffing schedule

Use TPF 4. Description of the Methodology and Work Plan for Performing the Project, TPF

5. Team Composition and Task , TPF 7. Time Schedule for Professional Personnel, and

TPF 8. Activity (Work) Schedule.

If subcontracting is allowed, add the following: If the Consultant will engage a subconsultant

for the portions of the Consulting Services allowed to be subcontracted, the Consultant shall

indicate which portions of the Consulting Services will be subcontracted, identify the

corresponding subconsultant, and include the legal eligibility documents of such

subconsultant.

Curriculum Vitae (CV)

Use TPF 6. Format of Curriculum Vitae (CV) for Proposed Professional Staff.

Comments on the terms of reference and data and facilities to be provided by the

Procuring Entity

Not more than [insert acceptable number of pages] using TPF 3. Comments and

Suggestions of Consultant on the Terms of Reference and on Data, Services, and Facilities

to be Provided by the

33

TPF 1. TECHNICAL PROPOSAL SUBMISSION FORM

[Date]

[Name and address of the Procuring Entity]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for [Title of Project] in

accordance with your Bidding Documents dated [insert date] and our Bid. We are hereby

submitting our Bid, which includes this Technical Proposal, and a Financial Proposal sealed

under a separate envelope.

In accordance with ITB Clause 21.1, we confirm that the information contained in the

eligibility documents submitted earlier together with the Expression of Interest remain correct

as of the date of bid submission.

If negotiations are held during the period of bid validity, i.e., before [insert date], we

undertake to negotiate on the basis of the proposed staff. Our Bid is binding upon us and

subject to the modifications resulting from contract negotiations.

In accordance with GCC Clause 51, we acknowledge and accept the Procuring Entity’s

right to inspect and audit all records relating to our Bid irrespective of whether we enter into a

contract with the Procuring Entity as a result of this Bid or not.

We understand you are not bound to accept any Bid received for the selection of a

consultant for the Project.

We acknowledge that failure to sign this Technical Proposal Submission Form and the

abovementioned Financial Proposal Submission Form shall be a ground for the rejection of our

Bid.

We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:

Name of Firm:

Address:

34

TPF 2. CONSULTANT’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each project for which your firm/entity, either

individually, as a corporate entity, or as one of the major companies within an association, was

legally contracted.

Project Name:

Country:

Location within Country:

Professional Staff Provided by Your

Firm/Entity(profiles):

Name of Client:

No of Staff:

Address:

No of Staff-Months; Duration of Project:

Start Date (Month/Year):

Completion Date (Month/Year): Approx. Value of Services (in Current

US$):

Name of Associated Consultants, if any:

No of Months of Professional Staff

Provided by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Consultant’s Name:

35

TPF 3. COMMENTS AND SUGGESTIONS OF CONSULTANT ON THE TERMS OF

REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY

THE PROCURING ENTITY

On the Terms of Reference:

1.

2.

3.

4.

5.

On the data, services, and facilities to be provided by the Procuring Entity:

1.

2.

3.

4.

5.

36

TPF 4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR

PERFORMING THE PROJECT

37

TPF 5. TEAM COMPOSITION AND TASK

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

3 Where applicable, indicate relationships among the Consultant and any partner and/or subconsultant, the Procuring Entity, the Funding Source

and other parties or stakeholders.

38

TPF 6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL

STAFF

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on project. Describe degree of

responsibility held by staff member on relevant previous projects and give dates and locations. Use about half a

page.]

Education:

[Summarize college/university and other specialized education of staff members, giving names of schools, dates

attended, and degrees obtained. Use about one quarter of a page.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member

since graduation, giving dates, names of employing organizations, titles of positions held, and locations of

projects. For experience in last ten years, also give types of activities performed and client references, where

appropriate. Use about two pages.]

39

Languages:

[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly

describe me, my qualifications, and my experience.

Commitment:

I also commit to work for the Project in accordance with the time schedule as indicated in the

contract once the firm is awarded the Project.

Date: [Signature of staff member and authorized representative of the firm] Day/Month/Year

Full name of staff member: _______________________________________________

Full name of authorized representative: ______________________________________

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of

execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me

through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.

No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification

card used], with his/her photograph and signature appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________

Notary Public for ______ until _______

Roll of Attorneys No. _____

PTR No. __, [date issued], [place issued]

IBP No. __, [date issued], [place issued]

Doc. No. ___

Page No. ___

Book No. ___

Series of ____.

40

TPF 7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Full-time: Part-time:

Reports Due:

Activities Duration:

Location Signature:

(Authorized representative)

Full Name:

Title:

Address:

41

TPF 8. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items

[1st, 2nd, etc. are months from the start of project.]

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Activity (Work)

_________________

_________________

_________________

_________________

B. Completion and Submission of Reports

Reports Date

1. Inception Report

2. Interim Progress Report

(a) First Status Report

(b) Second Status Report

3. Draft Report

4. Final Report

42

OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D A V I T

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address

of Affiant], after having been duly sworn in accordance with law, do hereby depose and state

that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of [Name

of Consultant] with office address at [address of Consultant];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized

and designated representative of [Name of Consultant] with office address at [address

of Consultant];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor or authorized representative

of [Name of Consultant], I have full power and authority to do, execute and perform

any and all acts necessary to participate, submit the bid, and to sign and execute the

ensuing contract for [Name of the Project] of the [Name of the Procuring Entity][insert

“as shown in the attached duly notarized Special Power of Attorney” for authorized

representative];

If a partnership, corporation, cooperative, or joint venture: I am granted full power

and authority to do, execute and perform any and all acts necessary to participate,

submit the bid, and to sign and execute the ensuing contract for [Name of the Project]

of the [Name of the Procuring Entity], accompanied by the duly notarized Special

Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate, whichever

is applicable;

3. [Name of Consultant] 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;

43

5. [Name of Consultant] is authorizing the Head of the Procuring Entity or its duly

authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to the Head of the

Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical

Working Group, and the BAC Secretariat, the head of the Project Management Office

or the end-user unit, and the project consultants by consanguinity or affinity up to the

third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of Bidder]

is related to the Head of the Procuring Entity, members of the Bids and Awards

Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head

of the Project Management Office or the end-user unit, and the project consultants by

consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling

stockholders of [Name of Consultant] is related to the Head of the Procuring Entity,

members of the Bids and Awards Committee (BAC), the Technical Working Group,

and the BAC Secretariat, the head of the Project Management Office or the end-user

unit, and the project consultants by consanguinity or affinity up to the third civil degree;

7. [Name of Consultant] complies with existing labor laws and standards; and

8. [Name of Consultant] is aware of and has undertaken the following responsibilities as

a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge 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) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project].

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,

fee, or any form of consideration, pecuniary or otherwise, to any person or official,

personnel or representative of the government in relation to any procurement project or

activity.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at

____________, Philippines.

______________________________________

[Bidder’s Representative/Authorized Signatory]




44










Doc. No. ___

Page No. ___

Book No. ___

Series of ____.

45

Bid-Securing Declaration

(REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________ ) S.S.

x-------------------------------------------------------x

Invitation to Bid [Insert reference number]

To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid

Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract

with any procuring entity for a period of two (2) years upon receipt of your Blacklisting

Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines

on the Use of Bid Securing Declaration, within fifteen (15) days from receipt of written

demand by the procuring entity for the commission of acts resulting to the enforcement of

the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1 (f), of

the IRR of RA 9184; without prejudice to other legal action the government may undertake.

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the following

circumstances:

a. Upon expiration of the bid validity period, or any extension thereof pursuant to your

request;

b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such

effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a

waiver to avail of said right;

c. I am/we are declared as the bidder with the Highest Rated Responsive Bid, and I/we

have furnished the performance security and signed the Contract.

46

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

[year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]

[Insert signatory’s legal capacity]

Affiant













Doc. No. ___

Page No. ___

Book No. ___

Series of ____.

48

FINANCIAL PROPOSAL FORMS

Notes for Consultants

The following summarizes the content of the Financial Proposal.

Cover Letter

Use FPF 1. Financial Proposal Submission Form, which is an acknowledgement that, in

preparation and submission of the Technical and Financial Proposals, Consultants have:

(a) followed the applicable rules and guidelines indicated in this ITB;

(b) not taken any action which is or constitutes a corrupt, fraudulent, or coercive practice

as defined in the applicable rules and guidelines; and

(c) agrees to allow the Procuring Entity and the Funding Source, at their option, to

inspect and audit all accounts, documents, and records relating to the its Bid and to

the performance of the ensuing contract.

Costs of Consulting Services

Use FPF 2. Summary of Costs; FPF 3. Breakdown of Price per Activity; FPF 4. Breakdown

of Remuneration per Activity; FPF 5. Reimbursables per Activity; and FPF 6.

Miscellaneous Expenses.

49

FPF 1. FINANCIAL PROPOSAL SUBMISSION FORM

[Date]

[Name and address of the Procuring Entity]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for [Title of Project] in

accordance with your Bidding Documents dated [insert date] and our Bid (Technical and

Financial Proposals). Our attached Financial Proposal is for the sum of [amount in words and

figures]. This amount is exclusive of the local taxes, which we have estimated at [amount(s)

in words and figures].

Our Financial Proposal shall be binding upon us subject to the modifications resulting

from Contract negotiations, up to expiration of the bid validity period, i.e., [Date].

In accordance with GCC Clause Error! Reference source not found., we

acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating to

our Bid irrespective of whether we enter into a contract with the Procuring Entity as a result of

this Bid.

We confirm that we have read, understood and accept the contents of the Instructions

to Bidders (ITB), the Bid Data Sheet (BDS), General Conditions of Contract (GCC), Special

Conditions of Contract (SCC), Terms of Reference (TOR), the provisions relating to the

eligibility of Consultant and the applicable guidelines for the procurement rules of the Funding

Source, any and all Bid bulletins issued and other attachments and inclusions included in the

Bidding Documents sent to us.

We understand you are not bound to accept any Bid you receive.

We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:

Name of Firm:

Address:

50

FPF 2. SUMMARY OF COSTS

Costs Currency(ies)1 Amount in Philippine Peso

Subtotal

Local Taxes

Total Amount of Financial Proposal

______________________

1 In cases of contracts involving foreign consultants, indicate the exchange rate used.

51

FPF 3. BREAKDOWN OF PRICE PER ACTIVITY

Activity No.:____________________

Activity No.:_____________________

Description:_____________________

Price Component Currency(ies)2 Amount in Philippine Peso

Remuneration

Reimbursables

Miscellaneous Expenses

Subtotal

____________________________

2 In cases of contracts involving foreign consultants, indicate the exchange rate used.

52

FPF 4. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No._____________________________________ Name:______________________________

Names

Position

Input3

Remuneration

Currency(ies) Rate

Amount

Regular staff

Local staff

Consultants

Grand Total

___________________

3 Staff months, days, or hours as appropriate.

53

FPF 5. REIMBURSABLES PER ACTIVITY

Activity No:_________________________________ Name:_____________________

No. Description Unit Quantity Unit Price In Total Amount In

1.

2.

3.

4.

5.

International flights

_____________________________

Miscellaneous travel expenses

Subsistence allowance

Local transportation costs4

Office rent/accommodation/

clerical assistance

Trip

Trip

Day

Grand Total

________________

4 Local transportation costs are not included if local transportation is being made available by the Entity. Similarly, in the project site, office rent/accommodations/clerical assistance costs are

not to be included if being made available by the Entity.

54

FPF 6. MISCELLANEOUS EXPENSES

Activity No.______________________ Activity Name: ________________________

No.

1.

2.

3.

4.

Description

Communication costs between

______________________and

_________________________

(telephone, telegram, telex)

Drafting, reproduction of

reports

Equipment: vehicles,

computers, etc.

Software

Grand Total

Unit Quantity Unit Price Total

Amount

_______

53

FORM OF CONTRACT AGREEMENT

THIS AGREEMENT, made this [insert date] day of [insert month], [insert year]

between [name and address of Procuring Entity] (hereinafter called the “Entity”) and

[name and address of Consultant] (hereinafter called the “Consultant”).

WHEREAS, the Entity is desirous that the Consultant execute [name and

identification number of contract] (hereinafter called “the Works”) and the Entity has

accepted the bid for [insert the amount in specified currency in numbers and words] by

the Consultant for the execution and completion of such Consulting Services and the

remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings

as are respectively assigned to them in the Conditions of Contract

hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read

and construed as part of this Agreement, to wit:

(a) General and Special Conditions of Contract;

(b) Terms of Reference

(c) Request for Expression of Interest;

(d) Instructions to Bidders;

(e) Bid Data Sheet;

(f) Addenda and/or Supplemental/Bid Bulletins, if any;

(g) Bid forms, including all the documents/statements contained in the

Bidder’s bidding envelopes, as annexes, and all other documents/

statements submitted (e.g., bidder’s response to request for

clarifications on the bid), including corrections to the bid, if any,

resulting from the Procuring Entity’s bid evaluation;

(h) Eligibility requirements, documents and/or statements;

(i) Performance Security;

(j) Notice of Award of Contract and the Bidder’s conforme thereto;

(k) Other contract documents that may be required by existing laws

and/or the Entity.

3. In consideration of the payments to be made by the Entity to the

Consultant as hereinafter mentioned, the Consultant hereby covenants

with the Entity to execute and complete the Consulting Services and

remedy any defects therein in conformity with the provisions of this

Consultant in all respects.

54

4. The Entity hereby covenants to pay the Consultant in consideration of the

execution and completion of the Consulting Services, the Contract Price

or such other sum as may become payable under the provisions of this

Contract at the times and in the manner prescribed by this Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be

executed the day and year first before written.

Binding Signature of Procuring Entity

________________________________________________

Binding Signature of Consultant

_____________________________________________

[Addendum showing the corrections, if any, made during the bid evaluation should be

attached with this agreement]