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DEPARTMENT OF PUBLIC WORKS

AND HIGHWAYS

PROCUREMENT MANUAL

VOLUME II - INFRASTRUCTURE

ANNEX II-1.1: DPWH STANDARD

BIDDING DOCUMENTS FOR
INFRASTRUCTURE

27 September 2016
_______________________________________________________________________

September 2016 DPWH Procurement Manual Volume II - Infrastructure

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ANNEX II-1.1D
Section IV. Instructions to Bidders

Notes on the Instructions to Bidders (ITB)

This Section of the Bidding Documents (BDs) provides the information necessary for Bidders
to prepare responsive Bids in accordance with the requirements of the Procuring Entity. It also
provides information on the Bid submission, opening, and evaluation, post-qualification, and
award of contract.

The provisions of this Section are to be used unchanged. Annex II-1.1E: Bid Data Sheet
(BDS) consists of provisions that supplement, amend, or specify in detail information or
requirements included in this Section, and that are specific to each particular contract to be
procured.

Matters governing the performance of the Contractor, payments under the Contract, or matters
affecting the risks, rights, and obligations of the parties under the Contract are not normally
included in this Section, but rather under Annex II-1.1F: General Conditions of Contract
(GCC), and/or Annex II-1.1G: Special Conditions of Contract (SCC).
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STANDARD FORMAT

INSTRUCTIONS TO BIDDERS (ITB)

TABLE OF CONTENTS
A. GENERAL ………………………………………………………………. 23
1. Scope of Bid ……………………………………………………………… 23
2. Budget and Source of Funds ……………………………………………… 23
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ……. 23
4. Conflict of Interest ……………………………………………………….. 25
5. Eligible Bidders ………………………………………………………….. 26
6. Bidder’s Responsibilities ………………………………………………… 26
7. Origin of Goods and Services ………………………………………......... 28
8. Sub-contracts …………………………………………………………….. 28
9. Pre-Bid Conference ……………………………………………………… 29
B. CONTENTS OF BIDDING DOCUMENTS ………………………….. 30
10. Content of Bidding Documents ………………………………………….. 30
11. Clarification/Amendment of Bidding Documents through Bid Bulletins .. 31
C. PREPARATION OF BIDS …………………………………………….. 31
12. Cost of Bidding ………………………………………………………….. 31
13. Language of Bid …………………………………………………………. 31
14. Documents Comprising the Bid …………………………………………. 32
15. Bid Prices …………………………………………………………..…….. 35
16. Currencies of Bid and Payment ………………………………….………. 35
17. Bid Validity ………………………………………………………………. 36
18. Bid Security ………………………………………………………………. 36
19. Alternative Bids by Bidders ……………………………………………… 39
20. Format and Signing of Bid ……………………………………….………. 39
21. Sealing and Marking of Bids …………………………………………….. 40
D. SUBMISSION AND OPENING OF BIDS ……………………………. 40
22. Place and Deadline for Receipt of Bids …………………………………. 40
23. Late Bids …………………………………………………………………. 40
24. Modification and Withdrawal of Bids …………………………………… 41
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25. Receipt of Bids under Electronic Bidding ……………………………….. 41

26. Opening and Preliminary Examination of Technical Components of Bids ..42
27. Eligibility Check …………………………………………………………. 44
28. Preliminary Examination of Financial Components of Bids ……………. 45
29. Opening and Preliminary Examination under Electronic Biding ………… 46
E. EVALUATION AND COMPARISON OF BIDS …………………….. 47
30. Process to be Confidential ……………………………………………….. 47
31. Clarification of Bid ………………………………………………………. 47
32. Detailed Evaluation and Comparison of Bids ……………………………. 47
33. Procedure for Detailed Evaluation of Bids under Electronic Bidding……. 49
34. Post-Qualification of the Lowest Calculated Bid …………….................... 50
35. Post-Qualification under Electronic Bidding …………………………….. 51
36. Right of the Procuring Entity to Reject Bids …………………………….. 51
F. AWARD OF CONTRACT ……………………………………………... 53
37. Award Criterion ………………………………………………………….. 53
38. Notice of Award ………………………………………………………….. 53
39. Performance Security …………………………………………………….. 55
40. Documents Comprising the Contract …………………………………….. 55
41. Signing and Approval of the Contract …………………………………… 57
42. Notice to Proceed ……………………………………………………........ 57
43. Protest Mechanism……………………………………………………........ 57
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INSTRUCTIONS TO BIDDERS (ITB)

A. General

1. Scope of Bid
1.1 The Procuring Entity, as defined in the BDS, invites Bids for the construction of
the Works under the proposed Contract, as described in the BDS. The name and
ID of the Contract are stated in the BDS.

1.2 The winning Bidder will be expected to complete the Works by the intended
completion date specified in the SCC Clause 1.17.

2. Budget and Source of Funds

The Procuring Entity has an Approved Budget for the Contract (ABC) 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, Fraudulent, Collusive, Coercive, and Obstructive Practices

3.1 The Procuring Entity requires that the Bidders and Contractors, as well as
officials and personnel of the Procuring Entity, observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuance of
this policy, the DPWH:

a. defines, for purposes of this provision, the terms set forth below as
follows:

(1) "Corrupt practice" means behavior on the part of officials in the

public or private sectors by which they improperly and unlawfully
enrich themselves and others, or induce others to do so, by
misusing the positions 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.

(2) "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 – before 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;
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(3) “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.

(4) “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.

(5) “Obstructive practice” is:

(a) deliberately destroying, falsifying, altering or concealing of

evidence material to an administrative proceedings or
investigation or making false statements to investigators in
order to materially impede an administrative proceedings or
investigation of the Procuring Entity or any foreign
government/foreign or international financing institution
into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the administrative
proceedings or investigation or from pursuing such
proceedings or investigation; or

(b) acts intended to materially impede the exercise of the

inspection and audit rights of the Procuring Entity or any
foreign government/foreign or international financing
institution herein.

b. will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in corrupt, fraudulent, collusive or
coercive 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 a Contract if it at any time determines that the firm
has engaged in corrupt, fraudulent, collusive or coercive practices in
competing or, or in executing, a Contract.

3.2 Furthermore, the Procuring Entity will also seek to impose the maximum
penalties for civil and criminal liability available under the applicable law on
individuals and organizations deemed to be involved in corrupt, fraudulent,
collusive or coercive practices.

3.3 The Funding Source and the Procuring Entity reserve the right to inspect and
audit records and accounts of a contractor in the bidding for and performance of a
particular contract, through DPWH official or independent auditors as provided in
GCC Clause 35.
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4. Conflict of Interest
4.1 All Bidders found to have a conflict of interest 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
a conflict of interest with another Bidder in any of the events described in items a
through d of this ITB Clause 4.1 and a general conflict of interest in any of the
circumstances set out in items e through h of ITB Clause 4.1:

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 it 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 submitted more than one Bid in this bidding process. However,
this does not limit the participation of sub-contractors in more than one
Bid.

f. A Bidder participated as a consultant in the preparation of the design or

technical specifications of the works, goods and related services that are
the subject of the Bid.

g. A Bidder lent, or temporary seconded, its personnel to firms or

organizations which are engaged in consulting services for the preparation
related to the 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 of RA 9184, the Bidder must include in
its Bid a sworn affidavit (part of Form DPWH-INFR-15, as provided in Clause
10.1 of this ITB) that it is not related to the Head of the Procuring Entity (HoPE),
members of the BAC, the Technical Working Group (TWG), and the BAC
Secretariat, the head of the IU, and the project consultants, by consanguinity or
affinity up to the third civil degree. Failure to comply with the aforementioned
provision shall be a ground for the automatic disqualification of the bid in
consonance with Section 30 of this IRR. For this reason, relation to the
aforementioned persons within the third civil degree of consanguinity or affinity
shall automatically disqualify the bidder from participating in the procurement of
contracts of the Procuring Entity, notwithstanding the act of such persons
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inhibiting themselves from the procurement process. On the part of the bidder,
this provision shall apply to the following persons:

a. If the Bidder is an individual or a sole proprietorship, to the Bidder

himself.

b. If the Bidder is a partnership, to all its officers and members.

c. If the Bidder is a corporation, to all its officers, directors, and controlling

stockholders.

d. If the bidder is a cooperative, to all its officers, directors, and controlling

shareholders or members.

e. If the Bidder is a joint venture (JV), to each member of the JV for the
applicable items a, b, and c of this Clause.

5. Eligible Bidders
5.1 Unless otherwise indicated in the BDS, bidders must meet the Eligibility
Requirements in ANNEXII-1.1B of the SBDs.

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.

6. Bidder’s Responsibilities
6.1 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.

d. Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 11.3.

e. Ensuring that it is not “blacklisted” or barred from bidding by the

Government of the Philippines (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 Government Procurement Policy Board (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
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g. Authorizing the HoPE 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.

j. Complying with existing labor laws and standards, if applicable.

k. Ensuring that it 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.

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

6.2 The Bidder or its duly authorized representative shall submit a sworn statement,
covering items e to k of ITB Clause 6.1 above, in the form prescribed in DPWH-
INFR-15 in ANNEX II-1.1K hereof.

6.3 The Bidder, by the act of submitting its bid, shall be deemed to have inspected the
site, determined the general characteristics of the contract works and the
conditions for this Project and examine all instructions, forms, terms, and project
requirements in the Bidding Documents.

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; (c) nature
and condition of the terrain, geological conditions at the site communication
facilities, requirements, location and availability of construction aggregates and
other materials, labor, water, electric power and access roads; 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.
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6.7 The Bidder shall bear all costs associated with the preparation and submission of
his bid, and the Procuring Entity will in 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 applicable fee for the Bidding Documents at the office
indicated in the Invitation to Bid.

7. Origin of Goods and Services

There is no restriction on the origin of Goods, or Contracting of Works or 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.

8. Sub-Contracts
8.1 Unless otherwise specified in the BDS, sub-contracting of the Works shall be
subject to the provisions of DPWH Department Order (DO) No. 38, series of
2015, as stated in Clauses 8.2 to 8.7.

8.2 All sub-contracts shall be subject to prior approval of the concerned Heads of the
DPWH Procuring Entity within the limits of their delegated authority to approve
the original contracts.

8.3 The contractor may sub-contract portions of the works to such an extent as may
be approved by the Procuring Entity and stated in the BDS, provided that the
main contractor shall directly undertake, using its own resources, not less than
fifty percent (50%) of the contract works in terms of cost.

8.4 Each sub-contractor must comply with the eligibility criteria as specified in the
Eligibility Requirements (ER) for the portion of the contract works to be sub-
contracted to that sub-contractor- e.g., applicable license from the Philippine
Constructors Accreditation Board, satisfactory completion of works similar to the
portion of the contract to be subcontracted and costing at least fifty percent (50%)
of the cost of such portion, and sufficient Net Financial Contracting Capacityto
cover the cost of the work to be sub-contracted, as well as minimum equipment
and manpower for the sub-contracted work set by the Procuring Entity. These
requirements shall not apply to labor pakyaw contracts provided in the IRR
Appendix 11.

8.5 The bidder/main contractor may identify the sub-contractors to whom portions of
the contract works will be sub-contracted at any stage of the bidding process or
during contract implementation, provided that any sub-contracting requires prior
approval of the Procuring Entity. If the bidder opts to disclose the name of the
sub-contractors during the bid submission, the bidder shall include the required
eligibility documents for the sub-contractors as part of the technical component of
its bid. Sub-contractors identified during the bidding may be changed during the
implementation of the contract, subject to compliance with the eligibility
requirements and approval of the Procuring Entity.
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8.6 Sub-contracting of any portion of the contract shall not relieve the main contractor
from any liability or obligation that may arise from the contract. The main
contractor shall be responsible for the acts, defaults, and negligence of any
subcontractor, its agents or workmen.

8.7 For any assignment and sub-contracting of the contract or any part thereof made
without prior written approval by the concerned HoPE, the DPWH shall impose
on the erring contractor, after the termination of the contract, the penalty of
suspension for one (1) year for the first offense, and suspension of two (2) years
for the second offense from participating in the public bidding process, pursuant
to the provision of Appendix 3, Section 4.2 of the IRR of RA 9184, without
prejudice to the imposition of additional administrative sanctions as the internal
rules of the agency may provide and/or further criminal prosecution as provided
by applicable laws.

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. The Pre-Bid Conference shall
be held at least twelve (12) calendar days before the deadline for the submission
and receipt of Bids, but not earlier than seven (7) calendar days from the posting
of the IB/BDs in the DPWH and PhilGEPS websites. However, attendance of the
Bidders shall not be mandatory. If the Procuring Entity determines that, by reason
of the method, nature, or complexity of the contract to be bid, or when
international participation will be more advantageous to the GOP, a longer period
for the preparation of bids is necessary, the Pre-Bid Conference shall be held at
least thirty (30) calendar days before the deadline for the submission and receipt
of bids, as specified in the BDS.

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 Bidder
will in no way prejudice its bid; however, the Bidder is expected to know the
changes and/or amendments to the Bidding Documents as recorded in the minutes
of the Pre-Bid Conference and the Supplemental/Bid Bulletin. The minutes of the
Pre-Bid Conference shall be recorded and prepared not later than five (5) calendar
days after the Pre-Bid Conference. The minutes shall be made available to
prospective bidders not later than five (5) days upon written request.

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 at least seven (7)
calendar days before he deadline for the submission and receipt of bids.

9.4 If, as indicated in the BDS, Electronic Bidding is adopted for this procurement
pursuant to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring
Entity shall observe following procedure with regard to the PBC:
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a. For contracts to be bid where the conduct of PBC is required under Section 22
of RA 9184-IRR (Section 5.5.3 of this Manual Volume II), the same
procedure governing the manual method will also apply.

b. A Procuring Entity with videoconferencing capabilities may conduct its PBC

conferences electronically, provided that its Registered Merchants shall also
have similar capabilities and facilities.

c. During the conduct of the PBC, Registered Merchants may send requests for
clarification through the PhilGEPS online facility, which shall be read during
the meeting and shall form part of the minutes, unless the Procuring Entity has
previously decided that only those who have purchased the Bidding
Documents shall be allowed to participate in the PBC and raise or submit
written queries or clarifications.

d. The minutes of the PBC shall be recorded as an electronic document made

electronically available to all participating Registered Merchants through the
PhilGEPS Electronic Bulletin Board not later than three (3) calendar days
after the PBC.

e. Requests for clarification(s) on any part of the BDs or for an interpretation

must be in writing and submitted to the BAC of the Procuring Entity, either
electronically through the PhilGEPS or otherwise, at least ten (10) calendar
days before the deadline set for the submission and receipt of bids.

f. Only Bid Bulletins/Supplements approved by the Bid Notice Approver shall

be posted in the PhilGEPS at least seven (7) calendar days before the deadline
for the submission and receipt of bids. The PhilGEPS shall automatically
notify through e-mail all Registered Merchants who have downloaded the
bidding documents and paid the BDs Fee.

B. Contents of Bidding Documents

10. Content of Bidding Documents

The set of Bidding Documents (BDs) for the specific contract at hand consists of the
documents listed below and bulletins issued in accordance with ITB Clause 11

Reference in the SBDs

Section I. Invitation to Bid (IB) ANNEX II-1.1A

Section II. Eligibility Requirements (ER) ANNEX II-1.1B
Section III. Eligibility Data Sheet (EDS) ANNEX II-1.1C
Section IV. Instructions to Bidders (ITB) ANNEX II-1.1D
Section V. Bid Data Sheet (BDS) ANNEX II-1.1E
Section VI. General Conditions of Contract (GCC) ANNEX II-1.1F
Section VII. Special Conditions of Contract (SCC) ANNEX II-1.1G
Section VIII. Specifications ANNEX II-1.1H
Section IX. Drawings ANNEX II-1.1I
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Section X. Bill of Quantities (BOQ) ANNEX II-1.1J

Section XI. Bidding Forms (BFs) ANNEX II-1.1K
Section XII. Foreign-Assisted Projects (FAPs) – if
applicable ANNEX II-1.1L

10.1 Bidders should note that the Procuring Entity shall only accept Bids from Bidders
that have purchased the BDs from the office indicated in the IB, or have
downloaded the BDs from the DPWH website subject to the payment of the fee
for the BDs upon submission of their bids.

11. Clarification/Amendment of Bidding Documents through Bid Bulletins

11.1 Prospective Bidders may request clarification(s) or an interpretation of any part of
the BDs. 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. The BAC of the Procuring
Entity shall respond to the said request by issuing a Bid Bulletin, to be made
available to all those who have properly secured BDs, at least seven (7) calendar
days before the deadline for the submission and receipt of bids .

11.2 The BAC, upon its initiative, may also issue Supplemental/Bid Bulletins to amend
or clarify any provision of the BDs, to be made available to all those who have
properly secured BDs, not later than seven (7) calendar days before the deadline
for the submission and receipt of Bids. .

11.3 Any Supplemental/Bid Bulletin issued by the BAC shall be posted on the
websites of the DPWH and the PhilGEPS, an at anhy conspicuous place in the
premises of the Procuring Entity. It shall be the responsibility of all Bidders who
secured 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 the Supplemental/Bid Bulletin must be informed and
allowed to modify or withdraw their bids in accordance with ITB Clause 24.

C. Preparation of Bids

12. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its Bid,
and the Procuring Entity shall in no case be responsible or liable for those costs.

13. Language of Bid

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.
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14. Documents Comprising the Bid

14.1 Unless otherwise indicated in the BDS, the Bidder shall submit its Bid in
accordance with the provisions of ITB Clauses 14.2 to 14.4.

14.2 The Bidder shall present its Bid which shall consist of the Technical Component
and the Financial Component.

a. Technical Component – This shall include all of the following documents:

(1) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR.

(2) (a) If the bidder is not previously enrolled in the CWR: the
bidder’s Class “A” and Class “B” Documents, excluding four
Class “A” documents covered by the PhilGEPS Certificate of
Registration – viz., SEC/DTI/CDA Registration,
Mayor’s/Business Permit, Tax Clearance, and Audited
Financial Statement. These Documents should include, among
others, the following information required in IRR Section
25.2b:

i. Unless otherwise provided in the BDS, valid PCAB

License or special PCAB License in case of joint
ventures, and registration for the type and cost of the
contract to be bid.

ii. Statement of all On-going Government and Private

Contracts, including contracts awarded but not yet
started, if any, whether similar or not similar in nature
and complexity to the contract to be bid.

iii. Statement identifying the Bidder’s SLCC similar to the

contract to be bid.

iv. NFCC Computation and Statement of Total Assets and

Total Liabilities.

v. JVA, if applicable.

(b) If the bidder is previously enrolled in the CWR but would like
to update any of its Class “A” and Class “B” Documents in the
CWR: the pertinent Documents to be updated.

(3) Bid Security in/with the required form, amount, and validity period
as provided in ITB Clause 18 (Use Form DPWH-INFR-10 or 11
or 12).

(4) Project Requirements which shall include the following:

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(a) Organizational chart for the contract to be bid (Use Form

DPWH-INFR-13).

(b) List of contractor’s personnel (e.g., Project Manager,

Project Engineers, Materials Engineers, and Foremen), to
be assigned to the contract to be bid, with their complete
qualification and experience data (Use Form DPWH-
INFR-14). These personnel must meet the required
minimum years of experience set in the BDS.

(c) List of contractor’s major construction and laboratory

equipment units, which are owned, leased, and/or under
purchase agreements, supported by proof of ownership and
certification of availability of equipment from the
equipment lessor/vendor for the duration of the project), as
the case may be (Use Form DPWH-INFR-15. These
equipment units must meet the minimum major equipment
requirements for the contract set in the BDS.

(d) Omnibus sworn statement by the prospective bidder

or its duly authorized representative in the form prescribed
by the GPPB as to the following (Use Form DPWH-
INFR-16):

i. It is not “blacklisted” or barred from bidding by the

Government of the Philippines 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.

ii. 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.

iii. It is authorizing the Head of the Procuring Entity

or his duly authorized representative(s) to verify all
the documents submitted.

iv. The signatory is the duly authorized representative of

the prospective bidder, and granted full power and
authority to do, execute and perform any and all acts
necessary and/or to represent the prospective bidder in
the bidding, with the duly notarized Secretary’s
Certificate attesting to such fact, if the prospective
bidder is a corporation, or duly notarized Special Power
of Attorney in case of sole proprietorship, partnership
or joint venture.
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v. It complies with the disclosure provision under Section

47 of RA 9184 and its IRR in relation to other
provisions of R.A. 3019.

vi. It complies with the responsibilities of a prospective or

eligible bidder provided in the BDs, including ITB 6.

vii. It complies with existing labor laws and standards.

viii. It 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.

b. Financial Component – This shall include all of the following documents:

(1) Bid Form, using Form DPWH-INFR-09.

(2) Bill of Quantities (BOQ) indicating the bid prices, using Forms
DPWH-INFR-17 and Form DPWH-INFR-18. The bid prices
may be in terms of (a) bid unit prices for different work items
under the BOQ, or (b) fixed total lump-sum price for the entire
contract, based on the type and complexity of the project.

(3) Detailed estimates, including a summary sheet indicating the unit

prices of construction materials, labor rates and equipment rentals
used in coming up with the Bid.

(4) Cash flow by quarter (Use Form DPWH-INFR-19).

14.3 a. Unless indicated in the BDS, all Total Bid Prices that exceed the
Approved Budget for the Contract (ABC) indicated in BDS 1.3 shall be
rejected.

a. Unless otherwise indicated in the BDS, for foreign-funded procurement, a

ceiling may be applied to the Total Bid Prices provided the following
conditions are met:

(i) The BDs are obtainable free of charge on a freely accessible

website. If payment of the BDs is required by the Procuring Entity,
payment could be made upon the submission of bids.

(ii) The Procuring Entity has procedures in place to ensure that the
ABC is based on recent estimates made by the responsible unit of
the Procuring Entity and that the estimates are based on adequate
detailed engineering and reflect the quality, supervision and risk
 Page 35 of 127

and inflationary factors, as well as prevailing market prices,

associated with the types of works to be procured.

(iii) The Procuring Entity has trained cost estimators on estimating

prices and analyzing bid variances. It must also have trained
quantity surveyors.

(iv) The Procuring Entity has established a system to monitor and

report bid prices relative to the ABC and the Procuring Entity’s
estimate.

(v) The Procuring Entity has established a monitoring and evaluation

system for contract implementation to provide a feedback on actual
total costs of works.

14.4 The bidder may use, as reference, the checklist of requirements for its Technical
and Financial Proposals, as shown in Form DPWH-INFR-20.

15. Bid Prices

15.1 The Contract shall be for the whole Works, as described in ITB Clause 1.1, based on
the priced BOQ (Use Form DPWH-INFR-17) submitted by the Bidder.

15.2 The Bidder shall fill in its unit and total Bid prices for all items of the Works
described in the BOQ. Bids not addressing or providing all of the required items
in the BOQ, 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) or a dash (“-”) 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 Bid prices submitted by the Bidder.

15.4 For the given scope of work in the Contract as awarded, all Bid prices shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as specified in
GCC Clause 47. Price escalation may be allowed in extraordinary circumstances
as may be determined by the National Economic and Development Authority in
accordance with the Civil Code of the Philippines, and upon the recommendation
of the Procuring Entity. Furthermore, in cases where the cost of the awarded
contract is affected by any applicable new laws, ordinances, regulations, or other
acts of the GOP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no
gain basis.
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16. Currencies of Bid and Payment

16.1 All Bid prices shall be quoted in Philippine Peso sunless 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 exchange rate
prevailing on the day of the Bid opening.

16.2 If so allowed in accordance with ITB Clause16.1, 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.

16.3 Unless otherwise specified in the BDS, payment of the contract price shall be made
in Philippine Pesos.

17. Bid Validity

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

17.2 In exceptional circumstances, the Procuring Entity may request that the Bidders
extend the period of validity of their Bids for a specified additional period. The
request and the Bidders’ responses shall be made in writing. A Bidder may refuse
the request without forfeiting the Bid Security. A Bidder agreeing to the request
will not be required or permitted to otherwise modify the Bid, but will be required
to extend the validity of the Bid Security for the period of the extension, and in
compliance with ITB Clause 14 in all respects.

18. Bid Security

18.1 The Bidder shall submit to the Procuring Entity, as part of its Bid, a Bid Securing
Declaration (using Form DPWH-INFR-12) or any form of Bid Security in an
amount stated in the BDS, which shall not be less than a percentage of the ABC in
accordance with the following schedule:

Table 18.1. Forms and Amounts of Bid Security

Form Minimum Amount
(1) Cash or cashier’s/manager’s check issued by a Two percent (2%)
Universal or Commercial Bank of ABC
(2) Bank draft/guarantee or irrevocable letter of credit Two percent (2%)
issued by a Universal or Commercial Bank (Use Form of ABC
DPWH-INFR-10 or 11)
(3) Surety bond callable on demand issued by a surety or Five percent (5%)
insurance company duly certified by the Insurance of ABC
Commission as authorized to issue such security

18.2 A Bid Securing Declaration is an undertaking which states, among others, that the
bidder shall enter into contract with the Procuring Entity and furnish the required
Performance Security within ten (10) calendar days, or less, as indicated in the
 Page 37 of 127

BDs, from receipt of the Notice of Award, and commits to pay the corresponding
amount as fine and be suspended for a period of time from being qualified to
participate in any government activity in the event it violates any of the conditions
stated therein as required in the guidelines issued by the Government Procurement
Policy Board (GPPB).

18.3 The Bid Security should be valid for the period specified in the BDS.

18.4 Any Bid not accompanied by a Bid Securing Declaration or an acceptable Bid
Security shall be rejected by the Procuring Entity as non-responsive.

18.5 No Bid Securities shall be returned to Bidders after the opening of Bids and
before contract signing, except to those that failed or post-disqualified in
accordance with the IRR, upon submission of a written waiver of their right to file
a motion for reconsideration and/or protest, or lapse of the reglementary period
without having filed a motion for reconsideration or protest. to comply with any
of the requirements to be submitted in the Technical Proposal and Financial
Proposal of the Bid, as provided in the IRR of R.A. 9184. Without prejudice to
the forfeiture of Bid Securities, Bid Securities shall be returned only after the
Bidder with the Lowest Calculated Responsive Bid 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 ITB Clause 18.3.

18.6 The Bid Security may be forfeited:

a. if the Bidder withdraws its Bid after Bid opening during the period of Bid
validity; or

b. if the Bidder does not accept the correction by the Bids and Awards
Committee of arithmetical and computational errors in its Bid prices,
pursuant to ITB Clause 28; or

c. in the case of the winning Bidder, if the Bidder fails, within ten (10) days
from its receipt of the Notice of Award, to:

(1) submit to the Procuring Entity the following documents:

(a) Notice of Award with the bidder’s signed “conforme;”

(b) Authority of Signing Official/Board Resolution/Secretary’s

Certificate;

(c) For a joint venture (JV), Contractor’s PCAB Special JV

License and JV Agreement;

(d) Performance Security (Use Form DPWH-INFR-43 or

DPWH-INFR-44, as applicable);

(e) Construction Methods (Use Form DPWH-INFR-45);

 Page 38 of 127

(f) Construction Schedule in the form of PERT/CPM Diagram

or Precedence diagram and Bar Chart with S-Curve (Use
Form DPWH-INFR-46);

(g) Manpower Schedule (Use Form DPWH-INFR-47);

(h) Equipment Utilization Schedule (Use Form DPWH-

INFR-48);

(i) Construction Safety and Health Program (Use Form

DPWH-INFR-49);

(j) Contractor’s All Risk Insurance (CARI);

(k) Latest Income Tax and Business Returns duly stamped and
received by BIR and duly validated with the tax payments
made. Tax Clearance from the BIR to prove full and timely
payment of taxes;

(l) For a local contractor, Certification under oath stating that

the Contractor is free and clean of all tax liabilities;

(m) For a foreign bidder, valid PCAB License and Registration

for the type and cost of the contract to be bid, when the
Treaty or International or Executive Agreement expressly
allows submission of the PCAB License and Registration
for the type and cost of the contract to be bid as a pre-
condition to the NOA; or

(2) has a finding against the veracity of the required documents

submitted in accordance with ITB Clause 34-b; or
(3) sign the Contract Agreement; or

d. if the Bidder submits eligibility requirements that contain false

information or falsified documents, or conceals such information, in order
to influence the outcome of the eligibility screening or any other stage of
the bidding; or

e. if the Bidder submits Bids that contain false information or falsified

documents, or conceals such information in the Bids, in order to influence
the outcome of the bidding; or

f. if the Bidder allows the use of its name by another contractor, or uses the
name of another contractor, for purposes of public bidding; or

g. if the Bidder refuses 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; or
 Page 39 of 127

h. if the Bidder makes any documented unsolicited attempt to unduly

influence the outcome of the bidding in its favor; or

i. if the Bidder commits any other act that tends to defeat the purpose of the
competitive bidding, such as habitually withdrawing from bidding or
submitting letters of non-participation for at least three (3) times within
twelve (12) months, except for valid reasons.

19. Alternative Bids by Bidders

19.1 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. 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) or more
separate bid envelopes.

19.2 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)
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.

20. Format and Signing of Bid

20.1 Bidders shall submit their bids through their duly authorized representative using
the appropriate forms provided in Section XI of the SBDs (ANNEX IIA-11) on
or before the deadline specified in the ITB Clause 22 in two (2) separate sealed
bid envelopes, and which shall be submitted simultaneously. The first shall
contain the technical component of the bid as provided in ITB Clause 14.2a, and
the second shall contain the financial component of the bid as provided in ITB
Clause 14.2a.

20.2 Forms as mentioned in ITB Clause 20.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.

20.3 The Bidder shall submit one original of the Technical Proposal and one original
of the Financial Proposal as described in ITB Clause 20.1 and clearly mark each
as “ORIGINAL - TECHNICAL PROPOSAL” and “ORIGINAL – FINANCIAL
PROPOSAL”. In addition, the Bidder shall submit copies of the Technical
Proposal and the Financial Proposal, and clearly mark them “COPY NO… -
TECHNICAL PROPOSAL” and “COPY NO…. – FINANCIAL PROPOSAL”.
In the event of any discrepancy between the original and the copies, the original
shall prevail.
 Page 40 of 127

20.4 The original copy of the Bid as indicated in the BDS shall be typed or written in
indelible ink and shall be signed by the Bidder or a person or persons duly
authorized to bind the Bidder to the contract. Each page of the Bid Form and the
accomplished Bill of Quantities shall be signed by the Bidder or its duly
authorized representative. Failure to do so shall be a ground for the rejection of
the Bid.

20.5 Any interlineations, erasures, alterations or overwriting shall be valid only if they
are signed or initialed by the person signing the Bid.

20.6 Commissions or gratuities are not allowed.

21. Sealing and Marking of Bids

21.1 The Bidder shall enclose the original of the Technical Proposal in one sealed
envelope marked as “ORIGINAL - TECHNICAL PROPOSAL”; whereas, the
original of the Financial Proposal shall be enclosed in another sealed envelope
marked as “ORIGINAL - FINANCIAL PROPOSAL”. Both envelopes shall then
be placed in another single envelope marked as “ORIGINAL BID.”

21.2 Each copy of the Technical Proposal and Financial Proposal, shall be similarly
sealed duly marked as “COPY NO… - TECHNICAL PROPOSAL” and “COPY
NO… – FINANCIAL PROPOSAL” respectively and the outer envelope as
“COPY NO”.

21.3 These envelopes containing the original and the copies shall then be enclosed in
one single envelope that shall:

a. indicate the name of the Contract to be bid;

b. bear the name and address of the Bidder;

c. be addressed to the Procuring Entity in accordance with ITB Clause 7;

d. bear the specific identification of this bidding process indicated in the

BDS; and

e. bear a warning “DO NOT OPEN BEFORE…” the time and date for the
opening of Bids , in accordance with ITB Clause 21.

21.4 If all envelopes are not sealed and marked as required, the Procuring Entity will
assume no responsibility for the misplacement or premature opening of the Bid. If
a Bid is not sealed and marked as required, the bidder or its authorized
representative shall acknowledge the condition of such Bid as submitted;
otherwise the Bid shall be disqualified.
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D. Submission and Opening of Bids

22. Place and Deadline for Receipt of Bids

Bids must be received by the BAC of the Procuring Entity at the address and on or before
the deadline indicated in the BDS.

23. Late Bids

Any Bid submitted after the deadline for the receipt of Bids prescribed by the Procuring
Entity, pursuant to ITB Clause 18, shall be declared “Late” and shall not be accepted by
the Procuring Entity. The BAC shall record in the minutes of the bid submission and
opening, the bidder’s name, its representative and the time the late bid was submitted.

24. Modification and Withdrawal of Bids

24.1 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 the receipt of Bids by the BAC. The Bidder shall not be allowed to retrieve its
original Bid, but shall be allowed to submit another Bid equally sealed, properly
identified, in accordance with ITB Clause 21, 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.

24.2 A Bidder may, through a Letter of Withdrawal, withdraw its Bid after it has been
submitted, for valid and justifiable reasons, provided that the Letter of
Withdrawal is received by the Procuring Entity not later than the deadline
prescribed for the receipt of Bids. The letter of withdrawal must be executed by
the authorized representative of the Bidder identified in the Omnibus Sworn
Statement, a copy of which should be attached to the letter.

24.3 Bids requested to be withdrawn in accordance with ITB Clause 20.2 shall be
returned unopened to the Bidders. A Bidder that withdraws its Bid shall not be
permitted to submit another Bid, directly or indirectly, for the same contract.

24.4 No Bid may be modified after the deadline for the receipt of Bids. No Bid may be
withdrawn in the interval between the deadline for the receipt of Bids and the
expiration of the period of Bid validity specified by the Bidder in accordance with
ITB Clause 13.1. Withdrawal of a Bid during this interval may result in the
forfeiture of the Bidder’s Bid Security, pursuant to the ITB Clause 14.5, and the
imposition of administrative, civil and criminal sanctions as prescribed by R.A.
9184 and its IRR.

25. Receipt of Bids under Electronic Bidding

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the submission and receipt of bids:
 Page 42 of 127

a. On-line Bidders may submit their eligibility requirements to the Procuring Entity
through the e-bidding facility of PhilGEPS.

b. Joint Ventures

(1) In case of joint venture, each partner of the joint venture must: (i) be
registered in the PhilGEPS, (ii) secure Certified Membership Status, and
(iii) electronically send its respective eligibility documents.

(2) The joint venture partners must identify and designate the Primary and
Secondary Partner(s).

(3) Before the PhilGEPS will accept submissions of Technical and Financial
Proposals from the Primary Partner, there must be a confirmation from the
Secondary Partner(s) as to existence of, or agreement to enter into, a joint
venture.

(4) Upon Confirmation, the Primary Partner shall be required by the

PhilGEPS to upload the Joint Venture Agreement or a duly notarized
statement.

c. With regard to the requirement for a Bid Security as part of the Technical
Proposal under Section 5.6.2a(2) above, the following guidelines shall be
observed:

i. On-line bidders may submit the Bid Security in cash through the
PhilGEPS electronic payment facility.

ii. In case of other forms of Bid Security, the on-line bidder shall prepare and
submit a scanned copy of the Bid Security together with the electronic bid.
However, the original Bid Security must be submitted to the BAC
concerned before the end of business hours on the day of bid submission, a
failure of which shall automatically render the bid submission as non-
compliant.

iii. If the on-line bidder sends the original Bid security through registered
mail or private courier, the indicated date of receipt by the postal service
or private courier shall be considered as the date of submission to the BAC
concerned, without prejudice to any verifications during post-
qualification.

d. On-line Bidders, or the Primary Partner in the case of Joint Ventures, shall
electronically submit their bids through the Bidder’s On-line Nominee, at any
time before the closing date and time specified in the BDs.

e. The actual time of bid submission of an On-line Bidder shall be the time indicated
on the PhilGEPS Server when the bidder clicks the “Submit” button which shall
be automatically recorded by the PhilGEPS. Upon receipt of a bid, the PhilGEPS
 Page 43 of 127

shall automatically generate a bid receipt page that can be printed by the on-line
bidder. This contains the recorded “submission time” which shall be considered as
the Official Submission Time of the bidder.

f. An On-line Bidder may modify its bid at any time before the closing date and
time for the submission and receipt of bids.

g. An On-line Bidder may withdraw its bid before the deadline for the submission
and receipt of bids.

h. The PhilGEPS shall bar all incoming bids after the closing date and time.

26. Opening and Preliminary Examination of Technical Components of

Bids

26.1 The BAC shall open the Bid envelopes in the presence of Bidders’ representatives
who choose to attend, at the time, on the date, and at the place specified in the
BDS. Bidders’ representatives who are present shall sign a register evidencing
their attendance. In case the Bids cannot be opened as scheduled due to justifiable
reaons, the BAC shall take custody of the Bids submitted and reschedule the
opening of Bids on the next working day or at the soonest possible time through
the issuance of a bid bulletin to be posted in the DPWH and PhilGEPS websites.

26.2 The BAC shall read out and record letters of withdrawal, and return the unopened
envelopes containing the corresponding withdrawn Bid to the Bidders concerned.

26.3 Outer envelopes marked “TECHNICAL MODIFICATION” or “FINANCIAL

MODIFICATION” shall be identified but not opened. The BAC shall announce
the presence and type of modification from the information contained on the outer
envelope.

26.4 The BAC shall then conduct the Preliminary Examination of the Bids. The
purpose of this examination is solely to determine the “presence-or-absence” of
each of the required documents comprising the bid, as stated in Clause 14 above,
using a simple non-discretionary “pass (if present) – or - fail (if absent)” criterion,
with the aid of checklists.

26.5 The BAC shall first open and undertake the Preliminary Examination of the
envelopes containing the Technical Components of the Bids, one at a time, and
reading out and recording the following:

a. Name of the Bidder.

b. Whether there is a technical modification or substitution.

c. Presence, amount and validity of the Bid Security.

d. Presence or absence of each document comprising the Technical Proposal

vis-à-vis a checklist of the required documents.
 Page 44 of 127

26.6 The BAC of the Procuring Entity shall determine each Bidder’s compliance with
the documents required to be submitted for the Technical Component of the Bid,
as prescribed in ITB Clause 14. For this purpose, the BAC shall check the
submitted documents in the Technical Component envelope against a checklist
(Form DPWH-INFR-31) of the required documents to ascertain if the latter are
all present in the Technical Component envelope. If the required document is
present, the Technical Component shall be rated as “passed” for that particular
requirement. On the other hand, if the required document is absent, i.e., missing,
incomplete or patently insufficient, the Technical Component shall be rated as
“failed” for that particular requirement. In case one or more of the required
documents in the Technical Component of a particular Bid is absent - i.e.,
missing, incomplete, or patently insufficient - the BAC shall rate the Technical
Component as “failed” and immediately return to the Bidder concerned its second
envelope (Financial Component) unopened. If all of the required documents in
the Technical Component envelope are present, the Technical Component is
rated as “passed.”

27. Eligibility Check

27.1 Unless otherwise indicated in the BDS, after the Preliminary Examination of the
Technical Components of the Bids, the BAC of the Procuring Entity, assisted by
its BAC Secretariat, shall conduct the Eligibility Check of each bidder that passed
the documentary requirements for the Technical Component of the Bids - i.e., the
BAC shall determine if the bidder is eligible to bid for the contract being
procured. This shall be done electronically by computer using the data and
program in the DPWH Civil Works Registry (CWR). The submission of the
Original Receipt (OR) for payment of the BDs for the contract issued by any
DPWH field office is sufficient for the BAC of the Procuring Entity to undertake
the electronic eligibility evaluation of contractors.

27.2 The BAC Secretariat of the Procuring Entity shall enter into the CWR the
Contract Profile (CP) for the contract being procured. The CP will give the basic
contract data, including the ABC, works similar to those of the contract to be bid,
and contract duration.

27.3 In case a bidder is already enrolled in the CWR and submits the Original Receipt
(OR) for payment of the BDs for the contract issued by any DPWH field office,
together with its bid, the BAC Secretariat shall enter into the CWR the PCAB
License Number and/or name of the bidder.

27.4 In case a bidder is not previously enrolled in the CWR and submits its Eligibility
Requirements – i.e., Class “A” and Class “B” Documents - as part of its bid,
together with Original Receipt (OR) for payment of the BDs for the contract
issued by any DPWH field office, the BAC Secretariat shall immediately encode
and enter into the CWR the appropriate data and information – e.g., SLCC,
NFCC, etc. - from the submitted Documents.
 Page 45 of 127

27.5 In both cases, the CWR program will then electronically process and match the
prospective bidder’s capability or eligibility data in the CWR – e.g., value of
Single Largest Completed Contract (SLCC) similar to the contract being procured
and actual NFCC - against the eligibility requirements for the contract derived
from the CP – e.g., SLCC similar to the subject contract and costing at least 50%
of ABC, and NFCC at least equal to ABC. The computer program will thus
automatically determine whether or not the prospective bidder meets the
following eligibility requirements:

a. The cost of the bidder’s SLCC is at least 50% of the ABC of the project to be
procured.

b. The bidder’s NFCC is at least equal to ABC of the project to be procured.

The program will also generate the results of the Eligibility Check, including the
Notices of Ineligibility. The reasons for ineligibility will also be automatically
shown in the Notices of Ineligibility.

27.6 During the bids opening session, the BAC will issue the Notices of Ineligibility to
the bidders concerned. If any of the bidders immediately agrees to their
ineligibility as indicated in the Notices, the BAC shall promptly not consider its
bid and thus return its Financial Component envelope to the bidder unopened. If,
on the other hand, any of the bidders indicate its intent to seek a reconsideration
of its declared ineligibility, the BAC shall set aside its sealed Financial
Component envelope which shall be signed on its cover by the bidder and other
competing bidders and members of the BAC. If, after evaluating the bidder’s
request for reconsideration, the BAC finds the bidder to be eligible for the
contract at hand, the BAC shall set the date and time for the opening of its
Financial Component envelope.

27.7 In either case - i.e., the ineligible bidder accepting its ineligibility or expressing it
intent to seek a reconsideration of its ineligibility - the either case - i.e., the
ineligible bidder accepting its ineligibility or expressing it intent to seek a
reconsideration of its ineligibility - the BAC shall then proceed with the opening
and preliminary examination of the Financial Component of the bids of the
bidders that are declared eligible.

28. Preliminary Examination of Financial Components of Bids

28.1 On the same day, the BAC shall then open the Financial Component of the Bid
(second envelope) of each bidder whose Technical Component of the Bid was
rated as “passed” (i.e., with complete documentary requirements) and was
declared to be eligible for the contract. The BAC shall check the submitted
documents in the Financial Component against a checklist of required documents
(Form DPWH-INFR-31) to ascertain if the latter are all present in the Financial
Component envelope. If the required document is present, the Financial
Component shall be rated as “passed” for that particular requirement. In case one
or more of the required documents in the Financial Component of a particular Bid
is absent - i.e., missing, incomplete or patently insufficient - and/or if the
 Page 46 of 127

submitted total bid price exceeds the ABC, the BAC shall rate the Financial
Component and, thus, the entire bid, as “failed.” If all of the required documents
in the Financial Component are present, the entire bid is rated as “passed.” Bids
that are so rated as “passed” shall immediately be considered for detailed
evaluation.

28.2 The BAC shall prepare the minutes of the proceedings of the Bid opening that
shall include, as a minimum: (a) the Abstract of Bids as Read including the name
of each Bidder, its Bid prices, Bid Security, and findings of the Preliminary
Examination of Bids; and (b) the attendance sheet.

28.3 The BAC members shall sign the Abstract of Bids as Read and the BAC
Observers may witness the same. The Abstract of Bids as Read and the minutes
of the Bid opening shall be available to the public upon written request and
payment of a specified fee to cover the cost of materials.

29. Opening and Preliminary Examination under Electronic Bidding

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the following procedure shall be
observed with regard to the opening and preliminary examination:

a. Upon receipt of manually-filed bids, the Bid Opener, before the Bid Opening, but
immediately after the deadline for submission of bids, shall record and input into
the PhilGEPS E-bidding module the date and time each of the bid was manually
received, including the name of the bidder’s authorized representative.

b. The BAC shall open the bids immediately after the deadline for submission and
receipt of bids, and on the bid opening date.

c. Before the decryption of electronic bids, the Bid Opener must first login to the
PhilGEPS and only then can BAC members input their respective USER IDs and
PASSWORDS, provided however, that PhilGEPS decryption will not take place
unless all the members present and logging in constitute quorum.

d. The Bid Opener shall publicly open the first bid envelopes of bidders who
submitted bids manually to determine each bidder’s compliance with the
documents required to be submitted for eligibility, that is, legal, technical and
financial eligibility documents; and for the technical requirements. 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 “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 bidder “passed” in
relation to the eligibility and technical documents in the first envelope.
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e. After all the manually submitted first envelopes of bidders were opened, and the
results and findings were encoded in the PhilGEPS Preliminary Examination
Report facility, the Bid Opener shall thereafter proceed to decrypt the electronic
First Bid Envelopes submitted by the On-line Bidders to determine each bidder’s
compliance with the required eligibility and technical documents following the
steps and procedures outlined in Section 5.6.9d above. Thereafter, the Bid Opener
shall input the findings and results into the PhilGEPS’ Preliminary Examination
Report facility.

f. Immediately after determining compliance with the requirements in the first

envelope, the Bid Opener shall forthwith open the manually submitted second bid
envelope of each eligible bidder whose first bid envelope was rated “passed.” The
second envelope of each complying bidder shall be opened within the same day.

g. After all the manually submitted second envelopes of bidders were opened, and
the results and findings were encoded in the PhilGEPS Preliminary Examination
Report facility, the Bid Opener shall thereafter proceed to decrypt the electronic
Second Bid Envelopes of each On-line Bidders whose electronic first bid
envelope was rated “passed” to determine each bidder’s compliance with the
required financial documents following the steps and procedures outlined in
Section 5.6.9f above.

h. 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 ABC, the BAC shall rate the bid concerned as “failed”. The Bid
Opener shall then input the findings and results into the PhilGEPS’ Preliminary
Examination Report facility.

i. 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.

j. The PhilGEPS shall automatically send an electronic mail to all bidders who
failed in the preliminary examination of the first and/or second envelope.

E. Evaluation and Comparison of Bids

30. Process to be Confidential

Members of the BAC, its staff and personnel, Secretariat and TWG, as well as observers,
are prohibited from making or accepting any kind of communication with any bidder
regarding the evaluation of any of the bids until the issuance of the Notice of Award.

31. Clarification of Bids

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
 Page 48 of 127

respect to its bid and that is not in response to a request by the Procuring Entity shall not
be considered.

32. Detailed Evaluation and Comparison of Bids

a. The Procuring Entity shall evaluate and compare, in detail, only the Bids that are
rated as “complying” (“passed”) for both Technical and Financial Proposals
pursuant to ITB Clause 26.

b. In evaluating the Bids to get the Lowest Calculated Bid, the Procuring Entity shall
undertake the following:

c. The detailed evaluation of the Financial Proposals of the Bids, to establish the
correct calculated prices of the Bids.

d. The ranking of the total bid prices as so calculated from the lowest to highest. The
Bid with the lowest price in the ranking shall be identified as the Lowest
Calculated Bid.

e. To determine the Lowest Calculated Bid, the BAC shall use non-discretionary
“pass/fail” criteria, as stated in the IB, which shall include a consideration of the
following:

(1) Completeness of the bid. Unless the ITB specifically allows partial bids,
bids not addressing or providing all of the required items in the BDs,
including the BOQ, shall be considered as 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) or a dash (“-”) for the said item
would mean that it is being offered for free to the Government, except
those required by law or regulations to be provided for (IRR Section
32.2.1a); and

(2) Arithmetical corrections. The BAC shall consider computational errors,

omissions and discounts if allowed in the BDs to enable proper
comparison of all eligible bids. Any adjustment shall be calculated in
monetary terms to determine the calculated prices.

In case a bid offers a discount on the total bid price, the percentage of the
discount to the total bid price shall be applied to all pay items for purposes
of evaluating the value of work accomplished during the implementation
stage.

(3) Evaluation on equal footing. The BAC shall evaluate all bids on an equal
footing to ensure fair and competitive bid comparison. For this purpose, all
bidders shall be required to include 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.
 Page 49 of 127

iv. Rule on discrepancies. In case of discrepancies between: (a) bid prices in

figures and in words, the latter shall prevail; (b) total price per item and unit
price for the item as extended or multiplied by the quantity of that item, the
latter shall prevail; (c) stated total price and the actual sum of prices of
component items, the latter shall prevail; (d) unit cost in the detailed
estimate and unit cost in the BOQ, the latter shall prevail. The corrected per
item cost for all items shall be the basis for the corrected grand total cost.

v. Total calculated bid prices. The total calculated bid prices are obtained after
making the detailed evaluation and corrections according to the
abovementioned criteria.

f. The Procuring Entity’s evaluation of bids shall only be based on the bid price quoted
in the Financial Bid Form.

g. In case of discrepancies between:

(1) bid prices in figures and in words, or

(2) total bid prices per pay item and unit prices applied to the quantities per
pay item, or

(3) stated total Bid price and the actual sum of prices of component items, or

(4) unit prices in the detailed estimate and unit bid prices in the Bill of
Quantities,

the latter in each of the above cases shall prevail, and the total Bid amount shall
be corrected accordingly.

h. Based on the detailed evaluation of the bids, those that comply with the
abovementioned requirements shall be ranked in the ascending order of their total
calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, in accordance with the provisions of this ITB
Clause. This will identify the Lowest Calculated Bid. Total calculated bid prices,
as evaluated and corrected for computational errors, discounts and other
modifications, which exceed the ABC shall not be considered, unless otherwise
indicated in BDS 14.3a.

i. The provision in this Clause 32-i is not to be considered in the evaluation of the bids
to determine the technically complying bid or the lowest calculated bid, but shall be
applied by the Procuring Entity during the implementation of the contract,
particularly in making contract payments:

(1) During the evaluation of the bids, the BAC shall take note of any
unbalanced bids on early works and other items for unit-priced contracts.
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(2) Unbalanced bids are defined as those where the total bid price for a major
pay item is more than fifty percent (50%) of the corresponding cost of that
pay item in the ABC. A major pay item is defined as that whose cost in the
ABC is 20% or more of the total ABC; if there is no such pay item, then
major pay items are defined as the two pay items in the ABC with the
highest total costs.

(3) Unbalanced bids also include those with a minor pay item whose cost in the
ABC is more than five percent (5%) of the total ABC and where the
corresponding bid price for that pay item is more than one hundred percent
(100%) of the ABC for that item.

(4) For unbalanced bids, during the implementation of the contract works, the
payment for these major and minor pay items shall be made initially at the
unit prices in the ABC, and the remainder - i.e., contract unit price minus
ABC unit price for the major pay item - shall be paid when the work under
the major pay item is completed.

33. Procedure for Detailed Evaluation of Bids under Electronic Bidding

In case Electronic Bidding is adopted pursuant to GPPB Resolution No. 23-2013, dated
30 July 2013, the Procuring Entity shall apply the manual procedure for the detailed
evaluation of bids prescribed under Section 31 of the ITB. In addition, the procuring
Entity shall observe the following guidelines:

a. After conducting the detailed evaluation of all bids using non-discretionary

criterion, the Bid Opener shall input and record the results of the evaluation into
the PhilGEPS’ Evaluation Summary Report facility.

b. The PhilGEPS shall automatically rank the bidders in ascending order based on
their total calculated bid prices to identify the LCB as evaluated and corrected for
computational errors, and other bid modifications. Total calculated bid prices, as
evaluated and corrected for computational errors, and other bid modifications,
which exceed the ABC shall be disqualified. After all bids have been received,
opened, examined, evaluated, and ranked, the system shall thereafter generate the
Abstract of Bids in the form of PhilGEPS Evaluation Summary Report.

c. The BAC shall manually prepare a Resolution whether approving or denying the
Abstract of Bids generated by the system. However, after the BAC Resolution
approving the Abstract of Bids is uploaded in the PhilGEPS, an electronic
message shall be automatically sent to all bidders who participated informing
them that the Abstract of Bids is available for downloading.

34. Post-Qualification of the Lowest Calculated Bid

a. The Procuring Entity shall conduct a Post-Qualification of the Bidder that is
evaluated to have the Lowest Calculated Bid (LCB) to determine definitely if it
complies with and is responsive to all requirements and conditions for eligibility
and of the Bidding for the contract specified in ITB Clauses 5 and 14.
 Page 51 of 127

b. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the LCB, the Bidder shall
submit the following post-qualification documentary requirements (IRR Section
34.2):

(1) Latest income and business tax returns.

(2) Other appropriate licenses and permits required by law and stated in the BDS.

Failure of the Bidder declared as LCB to submit the requirements under this
Clause on time or a finding against the veracity thereof, shall disqualify the
Bidder for award. In the event that a finding against the veracity of any of the
documents submitted is made, it shall cause the forfeiture of the bid security in
accordance with Sewction 69 of the IRR.

c. The determination shall use non-discretionary “pass/fail” criteria and be based

upon examination, verification, and validation of all statements made and
documents submitted by the Bidder in the Technical and Financial Components of
its Bid. The Procuring Entity shall use the post-qualification criteria indicated in
Form DPWH INFR-37. The post-qualification shall be completed within twelve
(12) calendar days.

d. If the BAC determines that the Bidder with the LCB passes all the criteria for
Post-Qualification, it shall declare the said bid as the Lowest Calculated
Responsive Bid, (LCRB) and recommend to the HoPE the award of contract to
the said Bidder at its submitted price or its calculated bid price, whichever is
lower.

e. If the BAC determines that the Bidder with the LCB fails the criteria for Post-
Qualification, it shall proceed to the next LCB with a fresh period to make a
similar determination of that Bidder’s capabilities. If the second Bidder, however,
fails the Post-Qualification, the procedure for Post-Qualification shall be repeated
for the Bidder with the next LCB, and so on until the LCRB is determined for
recommendation of contract award.

35. Post-Qualification under Electronic Bidding

If, as indicated in the BDS, Electronic Bidding is adopted for this procurement pursuant
to GPPB Resolution No. 23-2013, dated 30 July 2013, the Procuring Entity shall observe
the following procedure with regard to the post-qualification:

a. Within one (1) day after the approval of the Abstract of Bids, the bidder with the
Lowest Calculated Bid (LCB) should be notified through electronic mail that the
bidder shall undergo post-qualification and submit the post-qualification
requirements within five (5) calendar days as provided for under Section 34.2 of
RA 9184-IRR.

b. If the BAC determines that the bidder with the LCB passes all the criteria for
post-qualification, it shall declare the said bid as the Lowest Calculated
 Page 52 of 127

Responsive Bid (LCRB), and recommend to the HoPE the award of contract to
the said bidder at its submitted bid price or its calculated bid price, whichever is
lower or, in the case of quality-based evaluation procedure, submitted bid price or
its negotiated price, whichever is lower.

c. If, however, the BAC determines that the bidder with the LCB fails the criteria for
post-qualification, it shall immediately notify the said bidder electronically in
writing of its post-disqualification and the grounds for it.

d. Immediately after the BAC has electronically notified the first bidder of its post-
disqualification, and notwithstanding any pending request for reconsideration
thereof, the BAC shall initiate and complete the same post-qualification process
on the bidder with the second LCB. If the second bidder passes the post-
qualification, and provided that the request for reconsideration of the first bidder
has been denied, the second bidder shall be post-qualified as the bidder with the
LCRB.

e. If the second bidder, however, fails the post-qualification, the procedure for post-
qualification shall be repeated for the bidder with the next LCB, and so on until
the LCRB, as the case may be, is determined for award, subject to Section 37 of
the IRR.

f. The post-qualification process shall be completed in not more than twelve (12)
calendar days from the determination of the LCB. In exceptional cases, the post-
qualification period may be extended by the HoPE, but in no case shall the
aggregate period exceed forty five (45) calendar days.

g. The BAC or its Bid Opener shall record and encode the post-qualification results
of manually submitted documents in the PhilGEPS. For electronic documents
submitted online, the BAC or its Bid Opener shall decrypt the documents and the
results recorded automatically.

h. After recording the post-qualification summary and uploading the BAC resolution
declaring the bidder with the LCRB in the PhilGEPS, an electronic message shall
be automatically sent to all bidders who participated informing them that the
Notice of LCRB is available for downloading.

36. Right of Procuring Entity to Reject Bids

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

36.2 The Procuring Entity reserves the right to reject any and all bids, declare a failure
of bidding, or not award the contract in the following situations, without incurring
any liability to the affected bidders:

a. If there is prima facie evidence of collusion among appropriate public

officers or employees of the Procuring Entity, or between the BAC and
any of the bidders, 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 BAC is found to have failed in following the prescribed bidding

procedures.

c. For any justifiable and reasonable ground where the award of the contract
will not redound to the benefit of the Government as follows:

(1) if the physical and economic conditions have significantly changed so

as to render the contract works no longer economically, financially or
technically feasible as determined by the HoPE;

(2) if the contract works are no longer necessary as determined by the

HoPE; or

(3) if the funds for the contract have been cancelled, withheld or reduced
through no fault of the Procuring Entity.

36.3 In addition, the Procuring Entity may likewise declare a failure of bidding,
without incurring any liability to the affected bidders, 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 LCRB refuses, without justifiable cause to accept the
award of contract, and no award is made.

F. Award of Contract
37. Award Criterion
The Procuring Entity shall award the contract to the winning Bidder whose Bid has been
determined, after the evaluation of bids and Post-Qualification, as the LCRB, at its
submitted bid price or its calculated bid price, whichever is lower (IRR Section 34.4).
 Page 54 of 127

38. Notice of Award

38.1 Based on the Bid-Evaluation and Post-Qualification Report, the BAC shall
declare the LCRB and recommend, through a Resolution to the HoPE, the award
of the contract to the Bidder with the LCRB. The HoPE shall approve or
disapprove the said BAC Resolution recommending the award within fifteen (15)
calendar days from the receipt of that Resolution.

38.2 Immediately upon the approval of the BAC Resolution for award and prior to the
expiration of the Bid validity period, the Procuring Entity shall issue a written
Notice of Award (NOA) to the Bidder with the LCRB to be received by the
Bidder personally, by registered mail, or electronically, receipt of which must be
confirmed in writing within two (2) days by the Bidder with the LCRB and
submitted personally or sent by registered mail or electronically to the Procuring
Entity.

38.3 The NOA shall state the proposed contract price – i.e., whichever is lower of the
submitted bid price or calculated bid price - together with the documentary
requirements to be submitted by the Bidder to perfect the contract.

38.4 Notwithstanding the issuance of the NOA, award of contract shall be subject to
the following conditions:

a. Submission by the bidder with the LCRB of the following documents

within ten (10) from the bidder’s receipt of the NOA, as conditions for
signing the contract:

(1) Notice of Award (NOA) with the bidder’s signed “conforme” (Use
Form DPWH-INFR-41)

(2) Authority of Signing Official/Board Resolution/Secretary’s

Certificate

(3) For a joint venture (JV), Contractor’s PCAB Special JV License and
JV Agreement.

(4) Performance Security in accordance with Section 3.9.2.2 of the

DPWH Procurement Manual Volume II (Use Form DPWH-INFR-
43 or DPWH-INFR-44, as applicable).

(5) Construction Methods (Use Form DPWH-INFR-45)

(6) Construction Schedule in the form of PERT/CPM Diagram or

Precedence Diagram and Bar Chart with S-Curve, or other approved
tools of project scheduling, and Cash Flow (Use Form DPWH-
INFR-46).

(7) PRC License No. and Tax Identification No. (TIN) of Each Key
Personnel.
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(8) Manpower Schedule (Use Form DPWH-INFR-47).

(9) Equipment Utilization Schedule (Use Form DPWH-INFR-48).

(10) Construction Safety and Health Program (Use Form DPWH-INFR-

49).

(11) Contractor’s All-Risk Insurance (CARI)

(12) Latest Income Tax and Business Returns duly stamped and received
by BIR and duly validated with the tax payments made. Tax
Clearance from the BIR to prove full and timely payment of taxes.

(13) For a local contractor, Certification under oath stating that the
Contractor is free and clean of all tax liabilities.

(14) For a foreign bidder, valid PCAB License and Registration for the
type and cost of the contract to be bid, when the Treaty or
International or Executive Agreement expressly allows submission
of the PCAB License and Registration for the type and cost of the
contract to be bid as a pre-condition to the NOA.

b. Signing of the contract as provided in ITB Clause 41.

c. Approval of the contract as provided in ITB Clause 41.

38.5 In the event of disapproval by the Head of the Procuring Entity of the BAC
Resolution to award the contract to the Bidder with the LCRB, which shall be based
only on valid, reasonable, and justifiable grounds as provided for under Section 41
of the IRR of RA 9184, the Head of the Procuring Entity shall notify the BAC and
the Bidder in writing of such decision and the grounds therefor. When applicable,
the BAC shall conduct a post-qualification of the Bidder with the next Lowest
Calculated Bid. The Bidder may file a request for reconsideration in accordance with
Section 37.1.3 of the IRR of RA 9184.

39. Performance Security

39.1 Within a maximum period of ten (10) calendar days upon receipt of the NOA
from the Procuring Entity, and in no case later than the signing of the contract by
the winning Bidder and the Procuring Entity, the winning Bidder shall furnish to
the Procuring Entity, the required Performance Security in an amount equal to the
percentage of the total contract price in accordance with the following schedule
and with the conditions specified in GCC Clause 7:

Table 39.1 Forms and Amounts of Performance Security

Form Minimum Amount
a. Cash or cashier’s/manager’s check issued by Ten percent (10%) of
a Universal or Commercial Bank Total Contract Price
b. Bank draft/guarantee or irrevocable letter of Ten percent (10%) of
 Page 56 of 127

credit issued by a Universal or Commercial Total Contract Price

Bank; provided that it shall be confirmed or
authenticated by a Universal or Commercial
Bank if issued by a foreign bank (Use Form
DPWH-INFR-42)
c. Surety bond callable upon demand issued by a Thirty percent (30%) of
surety or insurance company duly certified by Total Contract Price
the Insurance Commission as authorized to
issue such security (Use Form DPWH-INFR-
43)

39.2 Failure of the winning Bidder to comply with the requirements of ITB Clause
39.1 shall constitute sufficient grounds for cancellation of the award and forfeiture
of its Bid Security. In this event, the Procuring Entity shall have a fresh period to
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 recommendation of 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.

40. Documents Comprising the Contract

40.1 The Contract shall consist of the following:

a. Contract Agreement (Use Form DPWH-INFR-50)

b. Documents forming part of the Contract Agreement in the following order

of priority:

(1) Notice of Award (NOA) with the Contractor’s signed “conforme”

(2) Contractor’s Bid in the Form of Bid, including its Technical and
Financial Proposals, as calculated by the Procuring Entity and
conformed by the Contractor through the NOA, 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

(3) Bidding Documents (other than b(4) to b(7) below) with Bulletins

(4) Specifications

(5) Drawings

(6) Special Conditions of Contract (SCC)

(7) General Conditions of Contract (GCC)

(8) Performance Security

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c. Other Documents

(1) Construction Methods

(2) Construction Schedule in the form of PERT/CPM Diagram or

Precedence Diagram and Bar Chart with S-Curve, or other
approved tools of project scheduling, and Cash Flow

(3) PRC License No. and TIN of Each Key Personnel.

(4) Manpower Schedule

(5) Equipment Utilization Schedule

(6) Construction Safety and Health Program initially approved by the

HoPE

(7) Contractor’s All Risk Insurance (CARI)

40.2 The documents in ITB Clauses 40.1a and b(2) to b(7) shall be provided by the
Procuring Entity, while the documents in Clauses 40.1b(1), b(8), and c(1) to c(7)
shall be submitted by the winning bidder to the Procuring Entity within ten (10)
calendar days from the date of its receipt of the Notice of Award.

41. Signing and Approval of the Contract

41.1 Within ten (10) days from the date of receipt from the winning Bidder of the
documents mentioned in ITB Clause 40.1b(1), b(8), and c(1) to c(7), the
successful Bidder and the authorized official of the Procuring Entity shall sign
the Contract Agreement.

41.2 If further approval of the contract is required, the approving authority is given a
maximum of twenty (20) calendar days from receipt thereof to approve or
disapprove it.

41.3 Upon approval of the Contract, the Procuring Entity shall notify the other Bidders
that their bids were unsuccessful.

42. Notice to Proceed

42.1 Within seven (7) calendar days from the date of signing and, if required, further
approval of the contract, by the appropriate government approving authorities, the
Procuring Entity shall issue the Notice to Proceed (NTP), using Form DPWH-
INFR-51, together with a copy or copies of the approved contract, to the
successful bidder All notices, including the NTP, called for by the terms of the
contract shall be effective only at the time of receipt thereof by the successful
bidder (IRR Section 37.4).
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42.2 The contract effectivity date shall be the date of contract signing. The Bidder shall
commence performance of its obligations only upon receipt of the Notice to
Proceed.

43. Protest Mechanism

Decision of the procuring entity at any stage of the procurement process may be
questioned in accordance with Sections 55 of the IRR of RA 9184.