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Bid Data Sheet (BDS)

The clauses herein stated correspond to the clauses of Section II.


Instruction to Bidders (ITB).

The amendments or specific instructions/details in the Instruction to Bidders


ITB Clause
(ITB) are made in the Bid Data Sheet (BDS). The conditions of the BDS
qualify the ITB. In case of conflict, the provisions of BDS shall prevail over
the ITB.

1.1 The PROCURING ENTITY is the National Housing Authority - West


Sector (NHA-WS).

The name of the Contract is: Proposed Repair/Rehabilitation of


Domus Mariae/Estrada Zobel Roxas Condominium Project
(under Design and Build Contract). Repainting and Minor Repair
Works of Twenty One (21) - Five (5) Storey MRBs in Smokey Mountain
Development and Reclamation Project (SMDRP)

The identification number (Reference Number) of the Contract is:


_______________

2 The Funding Source is:

The Government of the Philippines (GOP) through the Corporate Operating


Budget as approved in the Annual Procurement Plan for CY2019 in the
amount of Ᵽ5,863,699.06₱23,200,000.00

The name of the Project is: Proposed Repair/Rehabilitation of


Domus Mariae/Estrada Zobel Roxas Condominium Project
(under Design and Build Contract). Repainting and Minor Repair
Works of Twenty One (21) - Five (5) Storey MRBs in Smokey Mountain
Development and Reclamation Project (SMDRP)

3.1 Corrupt, fraudulent practices - No further instructions.

5.1 Eligible Bidders - No further instructions.

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

5.4(a) The Bidder must have an experience of having completed a Single Largest
Completed Contract (SLCC) that is similar to this Project, equivalent to at
least fifty percent (50%) of the ABC adjusted, if necessary, by the Bidder to
current prices using the Philippine Statistics Authority (PSA) consumer price
index. However, contractors under Small A and Small B categories without
similar experience on the contract to be bid may be allowed to bid if the cost
of such contract is not more than the Allowable Range of Contract Cost
(ARCC) of their registration based on the guidelines as prescribed by the
PCAB.

5.4(b) For this purpose, similar contracts shall refer to contracts which have the
same major categories of work.
8.1 Subcontracting is allowed.

NOTE: The contractor shall undertake not less than 50% of the contracted
works with its own resources.
8.2 The Subcontractors must meet the following eligibility criteria:

a) Must have completed project/s similar to the project under bidding.


b) Possess valid Philippine Contractors Accreditation Board (PCAB) license
and registration for the type and cost of the work to be sub-contracted.

9.1 The Procuring Entity will hold a Pre-Bid Conference for this Project on
__________, 9:00 a.m. at the venue stated in the Invitation to Bid (or as
stated in the Bid Bulletin)

10.1 The Procuring Entity’s address is:

Ar. DANIEL R. COCJIN


Chairperson
Regional Office Bids and Awards Committee (ROBAC)
NATIONAL HOUSING AUTHORITY – WEST SECTOR
2nd Floor NHA Tondo Foreshore Project Office
Masinop St., Tondo, Manila City
254-1789/254-5527

10.4 No further instructions.

12.1 The FIRST ENVELOPE shall contain the ELIGIBILITY and TECHNICAL
documents, as follows:

()a ELIGIBILITY DOCUMENTS

Class “A” Documents

()i PhilGEPS Certificate of Registration and


Membership in accordance with Section 8.5.2 of the IRR,
except for foreign bidders participating in the procurement by
a Philippine Foreign Service Office or Post, which shall
submit their eligibility documents under Section 23.1 of the
IRR, provided, that the winning bidder shall register with the
PhilGEPS in accordance with Section 37.1.4 of the IRR;

()ii Statement of all its ongoing 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 using Form SF-INFR-15;
and

Statement of the Bidder’s SLCC similar to the contract to be


bid, in accordance with ITB Clause 5.4 using Form SF-INFR-
16.

The two statements required shall indicate for each contract


the following:
(ii.1) name of the contract;
(ii.2) date of the contract;
(ii.3) contract duration;
(ii.4) owner’s name and address;
(ii.5) nature of work;
(ii.6) contractor’s role (whether sole contractor,
subcontractor, or partner in a JV) and percentage of
participation;
(ii.7) total contract value at award;
(ii.8) date of completion or estimated completion time;
(ii.9) total contract value at completion, if applicable;
(ii.10) percentages of planned and actual accomplishments,
if applicable; and
(ii.11) value of outstanding works, if applicable.

The statement of the Bidder’s SLCC shall be supported by


the Notice of Award and/or Notice to Proceed, Project
Owner’s Certificate of Final Acceptance issued by the Owner
other than the Contractor or the Constructors Performance
Evaluation System (CPES) Final Rating, which must be at
least satisfactory. In case of contracts with the private sector,
an equivalent document shall be submitted;

()iii Unless otherwise provided in the BDS, a valid


special PCAB License in case of joint ventures, and
registration for the type and cost of the contract for this
Project; and

()iv NFCC computation in accordance with ITB


Clause 5.5.

Class “B” Documents

()v If applicable, Joint Venture Agreement (JVA)


in accordance with RA 4566.

()b TECHNICAL DOCUMENTS

()i Bid security in accordance with ITB Clause 18


Error: Reference source not found. If the Bidder opts to
submit the bid security in the form of:
(.i.1) a bank draft/guarantee or an
irrevocable letter of credit issued by a foreign bank, it
shall be accompanied by a confirmation from a
Universal or Commercial Bank; or
(.i.2) a surety bond accompanied by a
certification coming from the Insurance Commission
that the surety or insurance company is authorized to
issue such instruments.

()ii Project Requirements, which shall include the


following:
(.ii.1) Organizational chart for the contract to
be bid showing specific names of key personnel and
positions pledged for the implementation of the
project;
(.ii.2) List of contractor’s personnel (e.g.,
Project Manager, Project Engineers, Materials
Engineers, and Foremen, etc.), to be assigned to the
contract to be bid using Form SF-INFR-48, with their
complete qualifications and experience data, PRC
Licenses, and Certificate of Training for the Safety
Engineer/Officer issued by BWC/DOLE or
authorized training centers. These personnel must
meet the required minimum years of experience set in
the BDS; and
(.ii.3) List of contractor’s major equipment
units, which are owned, leased, and/or under
purchase agreements, supported by proofs of
ownership such as Official Receipts of
purchase/acquisition, Deeds of Sale, Lease
Contracts, certification of availability of equipment
from the equipment lessor/vendor for the duration of
the project, as the case may be, which must meet the
minimum requirements for the contract set in the
BDS; and

()iii Sworn statement in accordance with Section


25.3 of the 2016 Revised IRR of RA 9184 and using the form
prescribed in Section IX. Bidding FormsError: Reference
source not found to include statement for:
(iii.1) Ownership/corporation;
(iii.2) Authority of signatory;
(iii.3) Not “blacklisted” or barred from bidding;
(iii.4) Authenticity of documents;
(iii.5) Authority granted to NHA to verify all the documents
submitted;
(iii.6) Disclosure of no relationship;
(iii.7) Compliance with existing labor laws and standards;
(iii.8) Bidder’s responsibilities; and
(iii.9) Disclosure of any payment of commission or fee to any
person or government in relation in relation to any project or
activity

Ownership/Corporation should be appropriately supported


with Corporate Secretary’s Certificate or other documents
designating the authorized participation in the bidding.

The authorized representative must have Notarized


Authority from the Bidder to submit bids, as follows:

FOR CORPORATION: a notarized Corporate Secretary’s


Certificate; and

FOR SOLE PROPRIETORSHIP: a Notarized Authority from


the Proprietor/Owner.

12.1(a)(iii) No further instructions.


12.1(b)(ii.2) The minimum work experience requirements for key personnel are the
following:

Key Personnel General Experience Relevant


Experience
Project Manager
Project Engineer/Architect
Safety Engineer/Officer
General Foreman

12.1(b)(ii.3) The minimum major equipment requirements are the following:

Equipment Capacity Number of Units


Generator Set 5 KVA 1 unit
Mini Dump Truck 1 unit
Cut-off Machine 1 unit4 units
Welding Machine 200 Amps 1 unit4 units
Scaffolding / equivalent Good for 5 3 buildings 1 lot
with 5 4 storeys
Bagger Mixer 2 units
13.1 The FINANCIAL COMPONENT of the bid shall include all of the following
documents:
1) Financial Bid Form using the form prescribed in Section IX Bidding
Forms in accordance with ITB Clauses 15.1 and 15.3;
2) Duly signed Bid Prices in the Schedule of Rates;
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; and
4) Cash Flow by Quarter & Payments Schedule using Form SF-INFR-
56.

13.2 The ABC is ₱235,___,___.__. ,863,699.06. Any bid with a financial


component exceeding this amount shall not be accepted.

14.2 No further instructions.

15.4 No further instructions.

16.1 The bid prices shall be quoted in Philippine Pesos.

17.1 Bids shall be valid until 120 calendar days from the date of the opening of
bids.

18.1 The Bid Security shall be limited to Bid Securing Declaration and at
least one (1) other form in accordance with the following amount:

1. 2% of the ABC, if bid security is in the form of cash,


cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit issued by a Universal or Commercial Bank;

2. 5% of the ABC, if bid security is in the form of Surety/Bidder’s Bond


and callable upon demand; or
3. Any combination of the foregoing proportionate to the share of form with
respect to total amount of security.

If in the form of a surety bond, the bid security must be supported by an (a)
Official Receipt (OR); (b) Certificate from the Insurance Commission
that the surety or insurance company is authorized to issue such security,
and (c) Required exact amount of documentary stamps equivalent to
the amount paid for the item as stated in the Official Receipt.

There is no need to submit a Certificate from the Insurance Commission for


surety bond issued by the Government Service and Insurance System
(GSIS).

18.2 The Bid Security shall be valid until 120 calendar days from the date of
the opening of bids.

18.5 The Bid Security may be forfeited:

(a) If a Bidder:
(i) Withdraws its bid during the period of bid validity specified in
ITB Clause 17;
(ii) Does not accept the correction of errors pursuant to ITB
Clause 27.3 (b);
(iii) Fails to submit the requirements within the prescribed period,
or a finding against their veracity, as stated in ITB Clause 28.2;
(iv) Submission of eligibility requirements containing false
information or falsified documents;
(v) Submission of bids that contain false information or falsified
documents, or the concealment of such information in the bids
in order to influence the outcome of eligibility screening or any
other stage of the public bidding;
(vi) Allowing the use of one’s name, or using the name of another
for purposes of public bidding;
(vii) Withdrawal of a bid, or refusal to accept an award, or enter into
contract with the Government without justifiable cause, after
the Bidder had been adjudged as having submitted the Lowest
Calculated and Responsive Bid;
(viii) Refusal or failure to post the required performance security
within the prescribed time;
(ix) Refusal to clarify or validate in writing its bid during post-
qualification within a period of seven (7) calendar days from
receipt of the request for clarification;
(x) Any documented attempt by a bidder to unduly influence the
outcome of the bidding in his favor;
(xi) Failure of the potential joint venture partners to enter into the
joint venture after the bid is declared successful; or
(xii) All other acts that tend to defeat the purpose of the competitive
bidding, such as habitually withdrawing from bidding,
submitting late Bids or patently insufficient bid, for at least
three (3) times within a year, except for valid reasons.

(b) If the successful Bidder:


(i) Fails to sign the contract in accordance with ITB Clause 31;
(ii) Fails to furnish performance security in accordance with ITB
Clause 32.
20.1 & 20.2 Prospective bidders should strictly follow the process of sealing, signing,
and marking of bids as detailed in Sections 19 & 20 of the ITB. The
WSROBAC will not assume responsibility for misplaced and premature
opening of the bid for bids that are not properly sealed and marked.

TABS OR EARS must be provided for easier checking of documents. The


Eligibility, Technical and Financial Documents required for submission shall
be arranged sequentially in a folder as listed.

20.3 Each Bidder shall submit one (1) original and two (2) copies of the first
and second components of its bid.

21 The Address for Submission of Bids is:

NHA Technical Unit Room


2nd Floor NHA Tondo Foreshore Project Office
Masinop St., Tondo, Manila

The deadline for Submission of Bids is __________, not later than 9:00
a.m. (or as stated in the Invitation to Bid or announced during the Pre-bid
Conference).

24.1 The Place of Bid Opening is:

NHA Conference Room


2nd Floor NHA Tondo Foreshore Project Office
Masinop St., Tondo, Manila

The date and time of Bid Opening is __________, immediately after the
deadline of submission of bids (or as stated in the Invitation to Bid or
announced during the Pre-bid Conference).

24.2 No further instructions.

24.3 No further instructions.

27.3 Partial bid is not allowed. The infrastructure project is packaged in a single
lot and the lot shall not be divided into sub-lots for the purpose of bidding,
evaluation, and contract award.

27.3(b) Bid modification is not allowed.

27.4 No further instructions.

27.6 The ABC is INCLUSIVE of VAT. For uniformity, the bidders SHOULD
INCLUDE the cost of VAT in their bids.

28.2(a) Only tax returns filed and taxes paid through the BIR Electronic Filing and
Payments System (EFPS) shall be accepted.

NOTE: The latest income and business tax returns are those within the last
six months preceding the date of bid submission.
28.2 & 31.4(f) Within a non-extendible period of three (3) calendar days from receipt
by the Bidder of the notice from the WSROBAC that it submitted the
Lowest Calculated Bid (LCB), the Bidder shall submit the following
documentary requirements:
1. Latest income and business tax returns (VAT) paid thru Electronic
Filing and Payments System (EFPS) pursuant to BIR Regulations
No. 3-2005 dated February 16, 2005;
2. Valid Certificate of PhilGEPS Registration;
3. Construction Schedule and S-curve;
4. Manpower Schedule;
5. Equipment Utilization Schedule;
6. Construction Methods;
7. Construction Safety and Health Program APPROVED by the Bureau
of Working Conditions (BWC) of the Department of Labor and
Employment (DOLE); and
8. PERT/CPM

Failure of the Bidder declared as Lowest Calculated Bid (LCB) to duly


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

The Bidders shall submit tax returns (income tax and business tax returns)
filed through the Electronic Filing and Payments System (EFPS).

For the Business Tax Returns (VAT or Percentage Tax Returns), the last
applicable six (6) months are December 2018 to May 2019.

29.4 Award of contract to the Bidder with the Lowest Calculated and Responsive
Bid (LCRB) shall be at its submitted or calculated bid, WHICHEVER IS
LOWER.
32.2 The Performance Security shall be in the following amount:

10% of ABC, if the performance security is in the form of cash,


cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit issued by a Universal or Commercial Bank;

30% of ABC, if the performance security is in the form Surety Bond, it must
be callable upon demand; or

Any combination of the foregoing proportionate to the share of form with


respect to total amount of security.

If in the form of a surety bond, the Performance Security must be


supported by an Official Receipt (OR), a Certificate from the Insurance
Commission that the surety or insurance company is authorized to issue
such security.
33. No further instructions.
Special Conditions of Contract
GCC Clause The clauses herein stated correspond to the clauses of Section
IV. General Conditions of Contract (GCC).

Amendments or specific instructions/details in the General


Conditions of the Contract (GCC) are made in the Special
Conditions of Contract (SCC). The conditions of the SCC qualify
the GCC. In case of conflict, the provisions of SCC shall prevail
over the GCC.
1.17 The Intended Completion Date is 290 150 calendar days.
NOTE: The contract duration shall be reckoned from the start
date and not from contract effectivity date.
1.22 The Procuring Entity is National Housing Authority – West Sector
(NHA-WS).
1.23 The Procuring Entity’s Representative is Luz U. Evangelista –
Officer-In-Charge of NCR West Sector.
1.24 The Site is located at Smokey Mountain Development and
Reclamation Project (SMDRP), Rodriguez St., Balut, Tondo,
Manila San Andres Bukid, San Andres, Sta. Ana, Manila as
shown in the vicinity plan
1.28 The Start Date shall be three (3) days upon receipt of the Notice
to Proceed.
1.31 The Works consist of General Requirements, Demolition Works,
Earthworks, Site Development WorksStructural Works, Civil
Works, Installation Works, Electrical Works, Plumbing Works,
Finishing Works and Construction of Perimeter
FenceArchitectural Works Plumbing Works and Electrical Works,
including (i) the furnishing of all labor, materials, equipment and
others incidental, necessary or convenient to the complete
execution of the Works; (ii) the passing of any tests before
acceptance by the Procuring Entity’s Representative; (iii) and the
carrying out of all duties and obligations of the Contractor
imposed by this Contract as herein described.
2.2 There are no different dates for completion of the Works by
section.
5.1 The Procuring Entity shall give possession of all parts of the Site
to the Contractor within three (3) days upon receipt of the Notice
to Proceed.
6.5 The Contractor shall employ the following Key Personnel (List
key personnel by name and designation):
The minimum key personnel requirement (for this project) are:
1- Project Manager
1- Project Engineer/ Architect
1- Safety Officer
1- General Foreman
7.4(c) The Performance Security shall be submitted within the
prescribed period as stated in the Notice of Award (NOA).

If the Performance Security is in the form of a surety bond, it


must be supported by a Certificate from the Insurance
Commission that the bonding company is authorized to issue
such security and an Official Receipt of Payment.
7.7 No further instructions.
8.1 Subcontracting is allowed. However, the Contractor shall
undertake not less than 50% of the contracted work with its own
resources.
9.1 The applicable Liquidated Damages is at least one-tenth (1/10)
of a percent of the cost of the unperformed portion for every day
of delay.

The total amount of liquidated damages shall not exceed ten


percent (10%) of the amount of the contract. Once the
accumulated amount of liquidated damages reaches ten percent
(10%) of the amount of this Contract, the NHA West Sector shall
rescind the Contract, without prejudice to other courses of action
and remedies open to it.
10 The site investigation reports are NONE.
12.3 No further instructions.
12.5 Warranty against Structural Defects/Failures:
For Permanent Structures (15 years) and Semi-Permanent
Structures (5 years), refer to section 62.2.3.2 of the 2016
Revised IRR of RA 9184.
13 If the Contractor is a joint venture, all partners to the joint venture
shall be jointly and severally liable to the NHA West Sector.
18.3(h)(i) No further instructions.
21.2 The Arbiter is: Construction Industry Arbitration Commission
(CIAC).
26.1 No further instructions.
29.1 No dayworks are applicable to the contract.
31.1 The Contractor shall submit the Program of Work to the
Procuring Entity’s Representative within 15 calendar days from
delivery of the Notice of Award (Date of Acknowledgement and
Conformity to the Notice of Award).
31.3 The period between Program of Work updates is 30 calendar
days.
The amount to be withheld for late submission of an updated
Program of Work is Php 10,000.00
34.3 The Funding Source is the Government of the Philippines.
39.1 The amount of the advance payment is 15% of the total contract
price.
40.1 No further instructions.
42.2 Retention Money - No further instructions.
42.3 No further instructions.
51.1 The date by which operating and maintenance manual and “as
built” drawings are required is two weeks after the final
completion of the contract.
51.2 The amount to be withheld for failing to produce “as-built”
drawings and/or operating and maintenance manuals by the date
required is Php10,000.00

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