PREQUALIFICATION

DOCUMENT

New Cebu International Container Port Project

EDCF Loan No. PHL-19
Contract No. DOTr-NCICPP-CW-001
Procurement Method Competitive Bidding (Open to Prospective
Bidders with South Korean Nationality)
Contracting Form EPC contract
Deadline for Application Submission February 24, 2021 8:00AM (Manila Time)
Abbreviations and Acronyms
APF…………….…Application Forms
CB.………………..Competitive Bidding
EDCF.………….…Economic Development Cooperation Fund of the Republic of Korea
IFP........................Invitation for Prequalification
ITA........................Instructions to Applicants
JV……………….. Joint Venture
NCICPP……….… New Cebu International Container Port Project
QLC...................... Qualification Criteria
SOC..................... Scope of Contract

Definitions and Interpretations

The Bank Wherever the term "the Bank" used in this Prequalification document, it
shall, unless otherwise defined in the context, mean Export-Import Bank
of Korea, The Government Agency for the Economic Development
Cooperation Fund (EDCF) of the Republic of Korea.

Applicant A party that submits an application for prequalification for a particular

works contract defined in this prequalification document.

Bidder A party that submits a bid for a particular works contract defined in this
prequalification document.

Borrower The party to the Loan Agreement to which the Bank has agreed to make
the Loan.

Contractor A legal entity that is party to and performs a works contract, the other
party to the contract being the "Employer".

Employer One of the two parties to a works contract, the other party being the
"Contractor".

Joint venture An ad hoc association of firms that pool their resources and skills to
undertake a large or complex contract in the role of the contractor, with
all firms (partners in the joint venture) being legally liable, jointly and
severally, for the execution of the contract in the event of a partner’s
withdrawal.

Management A firm, acting in the role of the contractor, that does not normally
contractor perform contract construction work directly, but manages the work of
other (sub)contractors, while bearing full responsibility and risk for price,
quality, and timely performance of the works contract.

Nominated An enterprise selected and retained by the employer to provide a

subcontractor prespecified item in the bill of quantities and nominated as a
subcontractor to the main contractor for such purpose.

Prequalification An assessment made by the employer of the appropriate level of

experience and capacity of firms expressing interest in undertaking a
particular contract before inviting them to bid.

Postqualification An assessment of the appropriate level of experience and capacity of

firms made by the employer during the evaluation of bids to ensure that
the lowest-evaluated, responsive, and eligible bidder is qualified to
perform the contract.

Specialist A specialist enterprise engaged for highly specialized processes which

subcontractor cannot be provided by the main contractor.

Supplier An entity or company from which the equipment and materials to be

used for a contract (works contract or plant contract) is
purchased/obtained by the bidder.

Works The total work involvement in a construction contract, including the

"permanent" works or finished product as specified and the "temporary"
works required by the contractor for the execution and completion of the
contract.

Writing For the purpose of this document, any authenticated handwritten, typed,
or printed communication, including telex, cable, email, and facsimile
transmission, with proof of receipt when and in the form requested by
the sender.
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

Section 1 - Instructions to Applicants

1. General

1.1 A. Scope of Application: In connection with the Invitation for Prequalification for
Project Title: New Cebu International Container Port Project; Contract
Number: DOTr-NCICPP-CW-001, the Employer issues this Prequalification
Document to Applicants interested in bidding for the works described in
Section 4 – Scope of Contract (SOC).

B. Source of Funds
(a) The Borrower (The Government of the Republic of the Philippines)
has received the EDCF Loan (hereinafter called "Loan") through
the Export-Import Bank of Korea (hereinafter called "the Bank")
toward the cost of the New Cebu International Container Port
Project. The Borrower intends to apply a portion of the Loan
(U$118,019,000) to eligible payments under the contract resulting
from the bidding for which this prequalification is conducted
(hereinafter called "Contract").
(b) Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with the
terms and conditions of the Loan Agreement between the
Borrower and the Bank (hereinafter called "Loan Agreement") and
will be subject in all respects to the terms and conditions of that
Loan Agreement. No party other than the Borrower shall derive
any rights from the Loan Agreement or have any claim to the Loan.

1.2 Eligible Applicants: An Applicant, and all partners constituting the Applicant,
must be a firm incorporated and registered in the Republic of Korea. At the
time of bidding, Bidders shall not have a conflict of interest. All bidders
found to have a conflict of interest shall be disqualified. Bidders may be
considered to be in a conflict of interest with one or more parties in the
bidding process if any of, including but not limited to, the following apply;

(a) they have controlling partners in common; or

(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to
information about or influence on the bid of another Bidder, or
influence the decisions of the Purchaser regarding this bidding
process; or
(e) a Bidder participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the

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Prequalification Document
Section 1 – Instructions to Applicants NCICPP

disqualification of all Bids in which the party is involved. However, this

does not limit the inclusion of the same subcontractor in more than
one bid; or
(f) a Bidder participated as a consultant in the preparation of the design or
technical specifications of the works that are the subject of the bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer or Borrower as Engineer for
the contract.

1.3 Applicant under Suspension or Debarment: A firm shall not be eligible to

participate in this Prequalification process if it is under temporary
suspension or debarment by EDCF pursuant to its Anti-Corruption and Anti-
Malpractice Policy. A bid from a temporarily suspended or debarred firm will
be rejected.

1.4 Liability and Representative of JV: When the Applicant is a JV,

(a) all partners shall be jointly and severally liable; and

(b) a Joint Venture shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
partners of the Joint Venture during the prequalification process; in
the event the Joint Venture is prequalified, during the bidding
process; and, in the event the Joint Venture is awarded the Contract,
during contract execution.

1.5 Subcontractors or Suppliers: The nationalities of subcontractors (including

specialist subcontractors) or suppliers will not affect the eligibility of the
Applicant for this prequalification process. Further, the subcontractors and
the suppliers, for the purpose of this prequalification process, will not be
considered the partners constituting the Applicant, and the experience of
subcontractors will be disregarded in evaluating applications. Applicants
are therefore not required to include or present their subcontractors and/or
suppliers in their Applications. The eligible countries of the proposed
subcontractors, suppliers and manufacturers, and qualification criteria and
evaluation of Bids will be redefined in bidding documents when Invitation
for Bids (IFB) issued to the bidders who have been prequalified.

1.6 A. Fraud and Corruption: It is the Bank's policy to require that Borrowers
(including beneficiaries of EDCF Loans), as well as Applicants, Bidders,
suppliers, and contractors under contracts financed by EDCF Loans,
observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, the Bank:

(a) defines, for the purposes of this provision, the terms set forth below as
follow:

(i) "corrupt practice" means the offering, giving, receiving or soliciting,

directly or indirectly, of anything of value to influence the action of
a public official in the procurement process or in contract
execution; and
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

(ii) "fraudulent practice" means a misrepresentation or omission of facts

in order to influence a procurement process or the execution of a
contract.

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

(c) will declare a firm ineligible, for a period determined by the Bank, to be
awarded a contract financed by an EDCF Loan if it at any time
determines that the firm has engaged in corrupt or fraudulent practices
in competing for, or in executing, a contract financed by an EDCF
Loan;

(d) shall recognize a firm as ineligible to be awarded a contract financed by

an EDCF loan if the firm is debarred under the cross debarment
decision by Multilateral Development Banks. Such period of ineligibility
shall be equated to the debarment period decided by the Multilateral
Development Banks. The Borrower shall confirm the eligibility of
bidders, taking into account the decisions of MDBs;

(e) shall recognize a firm as ineligible to be awarded a contract financed by

an EDCF loan if the firm is under any sanction in accordance with 'Act
on Contracts to which the State is a Party' and 'Regulation on
Contracts to which the Public enterprise is a Party' of the Republic of
Korea.

B. Declaration of Participation in EDCF-Financed Projects: Applicants

(including all parties/partners and the Representative in case of JVA)
shall submit the original signed form (with certificate of corporate seal
registration) of the "Declaration of Participation in EDCF-financed
Projects" in Section 3 (Application Forms, Form 5) to the Bank (see the
address indicated below) by mail or in person on or before the Deadline
for Application submission and submit a copy of the original signed form
to the Employer along with the Application upon the submission of the
Application. Applicants who fail to submit the original signed form to the
Bank and to include the copy of it in the Application, as set forth above,
shall not be substantially prequalified.

For the purpose of submission of "Declaration of Participation in

EDCF-Financed Projects" only, the EDCF's address is,
Attention: Hyun-ah Kim
Senior Loan Officer
EDCF Operations Department 1
38 Eunhaeng-ro, Yeongdeungpo-gu, Seoul, South Korea
TEL: +82 2 3779 6710
FAX: +82 2 3779 6756
Email: hyunahkim@koreaexim.go.kr
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

2. Contents of Prequalification Document

2.1 Sections Forming Prequalification Document: This Prequalification Document

consists of four Sections indicated below and should be read in conjunction
with any addenda issued in accordance with ITA 2.6.
• Section 1 - Instructions to Applicants (ITA)
• Section 2 - Qualification Criteria (QLC)
• Section 3 - Application Forms (APF)
• Section 4 - Scope of Contract (SOC)
2.2 IFP: The Invitation for Prequalification (IFP) issued by the Employer is not part of
the Prequalification Document.

2.3 Completeness of Prequalification Document: The Employer is not responsible

for the completeness of the Prequalification Document and its addenda, if
they were not obtained directly from the source stated by the Employer in
the IFP.

2.4 Examination of Prequalification Document: The Applicant is expected to

examine all instructions, forms, and terms in the Prequalification Document
and to furnish all information or documentation required by the
Prequalification Document. The information or documentation shall be
complete, accurate, current, and verifiable. The Employer shall have the
right to conduct independent checks to determine the completeness and
accuracy of the information or documentation provided by the Applicant,
and to take remedial actions, including rejection of the Applicant, as
appropriate.

2.5 Clarification of Prequalification Document: A prospective Applicant requiring

any clarification on the Prequalification Document shall contact the
Employer in writing at the Employer’s address indicated below.

For clarification purposes only, the Employer's contact info is,

GIOVANNI Z. LOPEZ
Chairperson, Special Bids and Awards Committee (SBAC) for NCICPP

Through:
THE SBAC SECRETARIAT
Department of Transportation
Office Building 2529, DOTr Compound
Apo Court along Sergio Osmeña St.
Clark Freeport Zone, 2009 Pampanga, Philippines
Tel. No.: +63 (45) 8790-8300 loc. 235
Email: bacsec@dotr.gov.ph

The Employer will respond in writing to any request for clarification,

provided that such request is received no later than eight (8) calendar days
prior to the deadline for submission of Applications. The Employer shall
forward copies of its response to all Applicants who have acquired the
Prequalification Document, including a description of the inquiry but without
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

identifying its source, subject to ITA 2.3. Should the Employer deem it
necessary to amend the Prequalification Document as a result of a request
for clarification, it shall do so following the procedure under ITA 2.6 and in
accordance with the provisions of ITA 4.3(b).

2.6 Amendment of Prequalification Document

(a) At any time prior to the deadline for submission of Applications, the
Employer may amend the Prequalification Document by issuing
addenda.
(b) Any addendum issued shall be part of the Prequalification Document
and shall be communicated in writing to all who have obtained the
Prequalification Document from the Employer in accordance with ITA
2.3.
(c) To give prospective Applicants reasonable time in which to take an
addendum into account in preparing their Applications, the Employer
may, at its discretion, extend the deadline for the submission of
Applications, pursuant to ITA 4.3(b).

3. Preparation of Applications

3.1 Cost of Applications: The Applicant shall bear all costs associated with the
preparation and submission of its Application, and the Employer shall in no
case be responsible or liable for those costs, regardless of the conduct or
outcome of the prequalification process.

3.2 Language of Application: The Application, as well as all correspondence and

documents relating to the prequalification exchanged by the Applicant and
the Employer, shall be written in the English language. Supporting
documents and printed literature that are part of the Application may be in
another language, provided they are accompanied by an accurate
translation of the relevant passages into the English language, in which
case, for purposes of interpretation of the Application, the translation shall
govern.

3.3 Documents Comprising the Application: The Application shall comprise the
following:
(a) Application Submission Sheet, in accordance with ITA 3.4;
(b) written confirmation authorizing the signatory of the Application to
commit the Applicant, in accordance with ITA 3.7(d);
(c) documentary evidence establishing the Applicant’s eligibility to prequalify,
in accordance with ITA 3.5; and
(d) documentary evidence establishing the Applicant’s qualifications, in
accordance with ITA 3.6.

3.4 Application Submission Sheet: The Applicant shall prepare an Application

Submission Sheet using the form furnished in Section 3 – Application
Forms. This form must be completed without any alteration to the text, and
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

no substitutes shall be accepted. All blank spaces shall be filled in with the
information requested.

3.5 Documents Establishing the Eligibility of the Applicant: To establish its

eligibility in accordance with ITA 1.2 and ITA 1.4, the Applicant shall
complete the eligibility declarations in the Application Submission Sheet
and Form 1 or Form 2, included in Section 3 – Application Forms.

3.6 Documents Establishing the Qualification of the Applicant: To establish its

qualifications to perform the Contract in accordance with Section 2 –
Qualification Criteria, the Applicant shall provide the information requested
in the corresponding Information Sheets included in Section 3 – Application
Forms.

3.7 Format and Signing of the Application

(a) The Applicant shall prepare one original set of the documents
comprising the Application as described in ITA 3.3 and clearly mark it
"ORIGINAL". The original of the Application shall be typed or written
in indelible ink and shall be signed by a person duly authorized to
sign on behalf of the Applicant.
(b) The Applicant shall submit ten (10) copies of the signed original
Application, and clearly mark them "COPY". In the event of any
discrepancy between the original and the copies, the original shall
prevail.
(c) In addition to printed version of the Application stated in subpara. (a) and
(b) above, the Applicant shall also prepare one electronic version of
the Application in Portable Document Format (PDF). This PDF
version of Application can be either in one file in which all pages are
combined or in several files split as necessitated, in an order identical
to pages arranged in "ORIGINAL" hardcopy. This PDF version shall,
if necessary, include the page(s) converted from the scanned image
so that it can contain all the signatures required in this
Prequalification Document. In the event of any discrepancy between
the original and the pdf version, the original shall prevail.
(d) The requirements regarding the legal instrument evidencing the
authorization to represent and sign on behalf of the Applicant shall be
an organizational document, board resolution or its equivalent, or
power of attorney specifying the representative’s authority to sign the
Application on behalf of, and to legally bind, the Applicant. If the
Applicant is an intended or an existing Joint Venture, the power of
attorney should be signed by all partners and specify the authority of
the named representative of the Joint Venture to sign on behalf of,
and legally bind, the intended or existing Joint Venture. If the Joint
Venture has not yet been formed, also include evidence from all
proposed Joint Venture partners of their intent to enter into a Joint
Venture in the event of a contract award.
The name and position held by each person signing the authorization
must be typed or printed below the signature. If an Applicant submits
a deficient authorization, the Application shall not be rejected in the
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

first instance. The Employer shall request the Applicant to submit an

acceptable authorization within 7 days. Failure to provide an
acceptable authorization with the prescribed period of receiving such
a request shall cause the rejection of the Application.
(e) Applications submitted by an existing or intended Joint Venture shall
include an undertaking signed by all partners.
(i) stating that all partners shall be jointly and severally liable; and
(ii) nominating a Representative who shall have the authority to
conduct all business for and on behalf of any and all the partners
of the Joint Venture during the prequalification process; in the
event the Joint Venture is prequalified, during the bidding
process; and, in the event the Joint Venture is awarded the
Contract, during contract execution.

4. Submission of Application

4.1 Sealing and Marking of Applications: The Applicant shall enclose the original
and the copies of the Application in a sealed envelope which shall
(a) bear the name and address of the Applicant;
(b) be addressed to the Employer, in accordance with ITA 4.3(a); and
(c) bear the Project Title and the Contract Number indicated in ITA 1.1(A)
for which this Prequalification Document is issued.

4.2 Envelope Not Sealed and Not Marked: If the envelope is not sealed and
marked as required, the Employer will assume no responsibility for the
misplacement of the Application.

4.3 Deadline for Submission of Hardcopy Applications

(a) Hardcopy version of Applications prepared in accordance with ITA 3.7
(a)(b) must be received by the Employer at the address and no later
than the deadline indicated below.
For Application submission purposes only, the Employer's address is,

THE SBAC SECRETARIAT

Department of Transportation (DOTr)
Office Building 2529, DOTr Compound
Apo Court along Sergio Osmeña St.
Clark Freeport Zone, 2009 Pampanga, Philippines
Tel. No.: +63 (45) 8790-8300 loc. 235
Email: bacsec@dotr.gov.ph

The deadline for Application submission is:

Date February 24, 2021
Time 8:00am (Manila Time)
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

(b) The Employer may, at its discretion, extend the deadline for the
submission of Applications by amending the Prequalification
Document in accordance with ITA 2.6, in which case all rights and
obligations of the Employer and the Applicants subject to the previous
deadline shall thereafter be subject to the deadline as extended.

4.4 Submission of Electronic Version of Application: The Applicant shall submit,

immediately after it has sent (or shipped) the Application to the Employer,
the PDF version of Application prepared in accordance with ITA 3.7(c) via
email transmission to the email address indicated in ITA 4.3(a). This PDF
version so submitted is irrelevant to deadline set forth in ITA 4.3(a) which is
based upon the date and time of delivery of Hardcopy versions of
Application.

4.5 Late Applications: The Employer reserves the right to accept or reject late
Applications.

5. Evaluation of Application
5.1 Confidentiality
(a) Information relating to the evaluation of Applications, and
recommendation for prequalification, shall not be disclosed to
Applicants or any other persons not officially concerned with such
process until the notification of prequalification is made to all
Applicants.

(b) From the deadline for submission of Applications to the time of

notification of the results of the prequalification in accordance with
ITA 6.4, if any Applicant wishes to contact the Employer on any
matter related to the prequalification process, it may do so in writing.

5.2 Clarification of Applications

(a) To assist in the evaluation of Applications, the Employer may, at its
discretion, ask any Applicant for a clarification of its Application which
shall be submitted within a stated reasonable period of time. Any
request for clarification and all clarifications shall be in writing.

(b) If an Applicant does not provide clarifications of the information

requested by the date and time set in the Employer’s request for
clarification, its Application may be rejected.

5.3 Responsiveness of Applications: The Employer may reject any Application

which is not responsive to the requirements of the Prequalification
Document.

6. Prequalification of Applicants

6.1 Evaluation of Applications: The Employer shall use the criteria and methods
defined in Section 2 – Qualification Criteria to evaluate the qualifications of
the Applicants.
Prequalification Document
Section 1 – Instructions to Applicants NCICPP

6.2 Employer's Right to Accept or Reject Applications: The Employer reserves

the right to accept or reject any Application, and to annul the
prequalification process and reject all Applications at any time, without
thereby incurring any liability to Applicants.

6.3 Prequalification of Applicants: All Applicants whose Applications have been

determined to be substantially responsive to the requirements of the
Prequalification Document and who have met or exceeded the specified
criteria shall be prequalified by the Employer.

6.4 Notification of Prequalification: Once the Employer has completed the

evaluation of the Applications it shall notify all Applicants in writing of the
names of those Applicants who have been prequalified.

6.5 Invitation to Bid

(a) Promptly after the notification of the results of the prequalification, the
Employer shall invite bids from all the Applicants that have been
prequalified.
(b) Bidders may be required to provide bid security in the form of a demand
guarantee or other security acceptable to the Employer for an amount
as specified in the bidding document.

6.6 Changes in Qualifications of Applicants: Any change in the qualification status

of an Applicant after being prequalified in accordance with ITA 6.3 shall be
subject to the written approval of the Employer. Any such change shall be
submitted to the Employer no later than 14 days after the date of the
Invitation to Bid. Such approval shall be denied if, as a consequence of any
change, the prequalified Applicant, after the change, no longer substantially
meets the qualification criteria set forth in Section 2 – Qualification Criteria.

6.7 Opening of Application: The Employer shall prepare a record of the opening of
Applications that shall include, as a minimum, the name of the Applicant. A
copy of the record shall be distributed to all Applicants.
Prequalification Document
Section 2 – Qualification Criteria NCICPP

Section 2 – Qualification Criteria

The qualification criteria described in this Section 2 are pass-or-fail criteria. Applicants must
meet all these qualification criteria. In a case where

(i) all applicants fail to meet any of the criteria,

(ii) there is a limited number of qualified applicants (i.e., only one or two), or
(iii) there is no adequate number of applications received (i.e., only one, two, or three), the
Employer may, with prior approval of the Bank, cancel the prequalification process and
invite bids on a post qualification basis with the appropriate modifications of the
qualification requirements that were used for the prequalification exercise.

The applicant should note that

 It is the legal entity or entities comprising the Applicant, and not the Applicant’s parent
companies, subsidiaries, or affiliates, that must satisfy the qualification criteria described
in this Section.
 The subcontractors and the suppliers, for the purpose of this prequalification process, will
not be considered the partners constituting the Applicant, and the experience of
subcontractors will be disregarded in evaluating applications.
 Applicants are not required to include or present their subcontractors or suppliers in their
Applications at this prequalification phase.

Pg. 13 / 31
Prequalification Document
Section 2 – Qualification Criteria NCICPP

1. Eligibility

Criteria Compliance Requirements Documents

Joint Venture
Requirement Single Submission
Entity All Partners Each One Requirements
Combined Partner Partner
1.1 Applicant's must meet must meet must meet not Form 1 or Form2
Country of requirement requirement requirement applicable
with attachments
Constitution
Country of constitution in
accordance with ITA 1.2

1.2 Conflict of Interest must meet must meet must meet not Application
requirement requirement requirement applicable Submission Sheet
No conflict of interest in
accordance with ITA 1.2

1.3 EDCF Eligibility must meet must meet must meet not Application
requirement requirement requirement applicable Submission Sheet
Not having been declared
ineligible by EDCF, as
described in in ITA 1.3
Prequalification Document
Section 2 – Qualification Criteria NCICPP

2. Financial Situation

Criteria Compliance Requirements Documents

Joint Venture
Requirement Single Submission
Entity All Partners Each One Requirements
Combined Partner Partner
2.1 Historical Financial must meet not must meet not Form 3 with
Performance requirement applicable requirement applicable attachments
Submission of audited
financial statements for the
last five (5) years to
demonstrate the current
soundness of the
Applicant’s financial
position. As a minimum,
the Applicant’s net worth
for the last year, calculated
as the difference between
total assets and total
liabilities should be
positive.
Prequalification Document
Section 2 – Qualification Criteria NCICPP

3. Construction Capacity

Criteria Compliance Requirements Documents

Joint Venture
Requirement Single Submission
Entity All Partners Each One Requirements
Combined Partner Partner
3.1 Construction Capacity must meet must meet must meet must meet Applicants are
in the field of Civil requirement requirement at least 50% 100% of the not required to
Engineering Works of the requirement submit any
requirement document for
The Applicant's construction
this criterion.
capacity exceeds 500 billion
South Korean Won in the The Employer
field of civil engineering will use the
construction assessed and data
publicly announced in year downloaded
2020 by Ministry of Land, from
http://www.cak.o
Infrastructure and Transport
r.kr/board/board
(MOLIT) of the Republic of
View.do?boardI
Korea. This construction d=news_notice&
capacity expressed as the dataId=37649&
contract amount the menuId=101
Applicant is capable of
handling is only for the civil for evaluation
works and exclusive of of Application.
building capacity that has
been separately assessed for
architectural works.
Prequalification Document
Section 2 – Qualification Criteria NCICPP

4. Experience

Criteria Compliance Requirements Documents

Joint Venture
Requirement Single Submission
Entity All Partners Each One Requirements
Combined Partner Partner
4.1 Contracts of
Seaport
Construction
Project
(i) Participation in at least must meet must meet not must meet Form 4 with
three seaport including quay requirement requirement applicable requirement attachments
wall construction contracts1
that have been successfully or
are substantially completed
within the last 15 years in the
role of prime contractor, JV
member2 either in the
Republic of Korea or in the
country(ies) other than the
Republic of Korea.
(ii) The value of Bidder's must meet must meet not must meet Form 4 with
participation in each contract requirement requirement applicable requirement attachments
for above (i) exceeds U$60
million.
(iii) Of three contracts in (i) must meet must meet not must meet Form 4 with
above, the Bidder has requirement requirement applicable requirement attachments
completed at least one
contract on EPC (or Turnkey
or Design-Build) basis.
(iv) Of the three contracts must meet must meet not must meet Form 4 with
in (i) above, the Bidder has requirement requirement applicable requirement attachments
completed at least one
contract in a country
where the climate and
weather characteristics
are similar to those of
Cebu region (tropical, wet
and dry) 3

1 Three contracts shall not comprise the project that had (have) been executed for minor change of existing seaport in the form of repair,
remediation, rehabilitation, improvement or other type of similar nature.
2 Participation as a subcontractor shall not be considered an experience to meet the requirements.
3 List of tropical countries in Asia: 1. Brunei, 2. Myanmar, 3. Cambodia, 4. East Timor, 5. Indonesia, 6. Laos, 7. Malaysia, 8. Philippines, 9.
Singapore, 10. Thailand, 11. Vietnam, 12. India 13. Bangladesh, 14. Sri Lanka, 15. Pakistan, 16. Nepal, 17. Bhutan.
Prequalification Document
Section 2 – Qualification Criteria NCICPP
Prequalification Document
Section 3 – Application Forms NCICPP

Section 3 – Application Forms

All blank spaces in Application Forms must be filled in as instructed. All italicized explanatory
texts or notes (including footnotes, header and footer) appearing in the forms herein shall be
deleted from the final product and shall not appear when the Applicant's actual Application is
submitted.

Pg. 19 / 31
Prequalification Document
Section 3 – Application Forms NCICPP

Application Submission Sheet

[Applicant's Letter head]4

Date:
Project: New Cebu International Container Port Project
Contract No.: DOTr-NCICPP-CW-001

To: GIOVANNI Z. LOPEZ

Chairperson, Special Bids and Awards Committee (SBAC) for NCICPP
Through:
The SBAC SECRETARIAT
DEPARTMENT OF TRANSPORTATION
Office Building 2529, DOTr Compound
Apo Court along Sergio Osmeña St.
Clark Freeport Zone, 2009 Pampanga, Philippines
Tel. No.: +63 (45) 8790-8300 loc. 235
Email: bacsec@dotr.gov.ph

We, the undersigned, apply to be prequalified for the referenced Project with Contract No. DOTr-NCICPP-
CW-001 and declare the following.

(a) We have examined and have no reservations to the Prequalification Document, including addenda,
issued in accordance with ITA 2.6.
(b) We are the firm incorporated and registered in the Republic of Korea, in accordance with ITA 1.2.
(c) We do not have any conflict of interest in accordance with ITA 1.2.
(d) We have not been declared ineligible by EDCF in accordance with ITA 1.3
(e) We understand that you may cancel the prequalification process at any time and that you are not
bound either to accept any Application that you may receive or to invite the prequalified Applicants to
bid for the contract subject of this prequalification, without incurring any liability to the Applicants, in
accordance with ITA 6.2.
(f) We agree to permit EDCF or its representative to inspect our accounts and records and other
documents relating to the Application for prequalification and to have them audited by auditors
appointed by EDCF.
(g) We understand that any misrepresentation that knowingly or recklessly misleads or attempts to
mislead the Employer in the prequalification process may lead to the rejection of the Application.
Name: [insert complete name of the person signing the application]
In the capacity of [insert legal capacity of the person signing the application]
Signed: [insert signature of the person whose name and capacity are shown above]
Duly authorized to sign the Application for and on behalf of [insert complete name of the applicant]
Date: [insert date of signing]

4
The applicant must accomplish the Application Submission Sheet in its letterhead clearly showing the applicant’s complete name
and address.
Prequalification Document
Section 3 – Application Forms NCICPP

Applicant’s Information (Single Entity)5

Date _________________
Page ____ of _____ pages

Applicant’s Information (Single Entity)

Applicant's legal name

Applicant's country of
constitution

Applicant's year of
constitution

Applicant's legal address in

country of constitution

Applicant's primary contact

point6
[Identification of key individual
who collaborated on the
Application]

Attached are copies of the following documents:

1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITA 1.2

2. Authorization to represent the firm named above, in accordance with ITA 3.7(c)

5
Use this form when the Applicant is a single entity. Leave this page unfilled if the Applicant is a JV.
6
Name, address, phone numbers, fax numbers, email address
Prequalification Document
Section 3 – Application Forms NCICPP

Form 1. Applicant’s Information (JV)7

Date _________________
Page ____ of _____ pages

Applicant's Information (JV)

JV name

JV leading firm's legal name

Each JV partner’s legal name

Each JV partner’s country of

constitution [including leading firm]

Each JV partner’s year of constitution

[including leading firm]

Each JV partner’s legal address in

country of constitution [including leading
firm]

JV leading firm's primary contact point8

[Identification of key individual who
collaborated on the Application]

Attached are copies of the following documents:

1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITA 1.2

2. Authorization to represent the JV named above, in accordance with ITA 3.7(c)

3. A Letter of intent to form a JV or JV agreement, in accordance with ITA 1.4

7
Use this form when the Applicant is in the form of JV. Leave this page unfilled if the Applicant is a single entity.
8
Name, address, phone numbers, fax numbers, email address
Prequalification Document
Section 3 – Application Forms NCICPP

Form 2. Financial Situation9

Date _________________
JV Partner10 _________________
Page ____ of _____ pages

Financial Data for Previous 5 Years [US$ Equivalent]

Year 1: Year 2: Year 3: Year 4: Year 5:

Information from Balance Sheet

Total Assets (TA)

Total Liabilities (TL)
Net Worth = TA - TL
Current Assets (CA)
Current Liabilities (CL)
Working Capital = CA - CL

Most Recent Working

Capital

Information from Income Statement

Total Revenues
Profits Before Taxes
Profits After Taxes

 Attached are copies of financial statements (balance sheets including all related notes, and
income statements) for the last five (5) years, as indicated above, complying with the following
conditions.
 All such documents must reflect the financial situation of the Applicant or partner to a JV, and
not sister or parent companies.
 Historic financial statements must be audited by a certified accountant.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).

9
This form shall be filled in by the Applicant. Use additional sheets as required.
10
In case of a JV, each JV partner must fill out this form separately and provide the JV partner's name in the space provided. Leave
this space unfilled in case of a single entity.
Prequalification Document
Section 3 – Application Forms NCICPP

Form 3. Seaport Construction Experience11

Date _________________
JV Partner12 _________________
Page ____ of _____ pages

Seaport Construction Contract

Contract No . . . . . .
Contract Identification
of . . . . . .

Completion
Award Date
Date

Performed on EPC/Turnkey YES NO

Role in Contract Prime Contractor Management Contractor

JV Partner Subcontractor

Construction Type New Construction Rehabilitation or Improvement

Reconstruction Remediation or Repair

Total Contract Amount US$

If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s Name
Address
Telephone/Fax No
Email
Description of the Project

11
Participation in seaport including quay wall construction projects within the last fifteen (15) years prior to the submission deadline
each with a value exceeding US$ 60 million that have been successfully and substantially completed. All contracts must be supported
by the completion certificate, or if in progress, by substantial completion certificate. For EPC contract attach additional document
proving it has been (or is being) executed on EPC basis. Use additional sheets as required.
12
In case of a JV, each JV partner must fill out this form separately and provide the JV partner's name in the space provided. Leave
this space unfilled in case of a single entity.
Prequalification Document
Section 3 – Application Forms NCICPP

[Insert details about Scope of

Contract, that describe size
and complexity of the subject
contract as well as methods
and technologies used for the
project. Major project
components should be
indicated]

Form 4. Declaration of Participation in EDCF-Financed Projects

경협기금 지원사업 참여관련 확약서

Declaration of Participation in
EDCF-Financed Projects

한국수출입은행 귀중
To: The Export-Import Bank of Korea (the “Bank”)

사 업 명 : 세부 신항만 프로젝트
Name of the Project (the “Project”): New Cebu International Container Port Project

당사는 표제의 대외경제협력기금(EDCF)(이하 “기금”이라 한다) 지원사업 참여와 관련하여, 다음

사항을 확인하고 준수할 것을 확약합니다.

We hereby confirm the following with regard to participation in the above-stated Project financed by the
Economic Development Cooperation Fund (EDCF):

-다음-

I. 부정당행위 제재 관련
I. Declaration on Anti-Corruption and Anti-Malpractice

1. 당사는「국제상거래에 있어서 외국공무원에 대한 뇌물방지법」의 내용을 충분히 숙지하고

이를 정히 준수하며, 표제 사업과 관련하여 동 법에 규정된 외국공무원 등에 대한 뇌물제공
등 부패행위와 사실왜곡 등 부정당행위에 관여한 사실이 없으며, 앞으로도 이러한 행위에
Prequalification Document
Section 3 – Application Forms NCICPP

관련되지 않겠음.

1. We undertake full understanding and compliance with the Act on Combating Bribery of Foreign
Public Officials in International Business Transactions, and declare that neither we nor any other
party acting on our behalf with regard to the Project has engaged or will engage in corrupt
practices such as bribery and malpractices such as false statement.

2. 당사는 본 확약서 제출일 현재 대한민국의 ‘국가를 당사자로 하는 계약에 관한 법률’ 및 ‘공

기업·준정부기관 계약사무규칙’ 에 의거 입찰 참가자격이 제한되는 제재를 받고 있지 않으
며, 다자개발은행(MDB)으로부터 부패행위와 사실왜곡 등 문제유발행위로 인하여 상호제
재(cross debarment)를 받고 있지 않음.

2. We hereby confirm that our company is not under any sanction in accordance with ‘Act on
Contracts to which the State is a Party’ and ‘Regulation on Contracts to which the Public
enterprise is a Party’ of the Republic of Korea, nor is under cross debarment imposed by
Multilateral Development Banks (MDBs) as a result of engaging in malpractices such as
corruption and false statement, as of the date of submission of this Declaration of participation in
Economic Development Cooperation Fund (EDCF) financed projects

3. 당사는 공정한 입찰 진행을 위해 민원을 제기하는 경우 민원내용의 출처를 명확히 밝히고

기술평가 및 가격평가 결과 등 낙찰자 선정과 관련하여 입찰서류에 명시된 민원제기절차
를 철저히 준수할 것을 확약함.

3. We hereby confirm that for fair bidding, our company must abide by the bidding procedure related
to the selection of a successful bidder, including the result of a technical evaluation and price
evaluation, specified in the bidding documents and must clarify the sources of complaints when
filing complaints.

4. 당사는 컨설턴트 고용계약 또는 구매계약을 신의에 따라 성실하게 이행하며, 정당한 사유 없

는 계약 미이행, 대금 부당청구 등의 불성실한 계약 이행을 하지 않을 것임을 확약함.

4. We declare to carry out the consultant contract/procurement contract with utmost good faith, and
not to engage in irresponsible misconduct such as nonfulfillment of a contract without proper
reasoning or fraudulent claims.

5. 당사는 다음에 해당하는 부정당행위를 유발한 경우 또는 확약서에 기재된 내용이 거짓으로

판명되거나 확약한 내용을 준수하지 않을 경우 귀행이 2년 이내의 기금지원사업 참여 제한
등 조치를 취하더라도 어떠한 이의도 제기하지 않겠음.

가. 계약과 관련된 서류의 위․변조 또는 허위기재

나. 과실에 의한 하자 또는 보수 발생
다. 부정하도급
Prequalification Document
Section 3 – Application Forms NCICPP

라. 조사설계 및 타당성조사용역 부실
마. 계약위반
바. 공중 손해 사고
사. 업무 관계자 사고
아. 뇌물공여
자. 담 합
차. 입찰 및 계약체결 등 방해
카. 부정 또는 불성실한 행위

5. In the event that our company engages in any activity falling under the malpractice category set out
below, or be under sanctions imposed by the Republic of Korea and MDBs, or fails to abide by the
bidding procedure, we declare not to raise any objections to the Bank’s measures with regard to
such activity, including the prohibition of participation in projects financed by EDCF loan for up
to two years.

a. False Statements
b. Negligent Operations
c. Improper Subcontracting
d. Poor Survey and Design Services, Feasibility Studies
e. Breach of Contract
f. Damage or Injury to the Public
g. Damage or Injury to a Person Involved in the Operation
h. Bribery
i. Bid Rigging
j. Interference in Bidding and Contract Conclusion
k. Wrongful or Dishonest Acts

II. 법적 권리 및 청구권 관련
II. Declaration on Legal Rights and Claims

1. 당사는 입찰서류 또는 계약서가 당사와 차주(사업실시기관 포함. 이하 같다)의

권리의무관계를 규율하는 바, 당사는 동 입찰서 또는 계약서를 근거로 귀행에 대한 어떠한
법적 권리 또는 청구권을 갖지 않음을 확인함.

1. We acknowledge that the bidding documents and the contract stipulate the rights and obligations of
the Supplier and the Borrower (including the Project Executing Agency), and thus we do not have
any legal rights nor claims whatsoever against the Bank, which is not a party to the contract, with
regard to the bidding documents or the contract.

2. 당사는 차관공여계약서의 당사자는 귀행과 차주이며, 제 3 자인 당사는 동 차관계약서를

근거로 귀행을 상대로 어떠한 권리나 청구권도 갖지 않음을 확인함.
 Prequalification Document
Section 3 – Application Forms NCICPP

2. We also acknowledge that Loan Agreement governs the relationship between the Borrower and the
Bank, and that our company, as a third party, do not have any legal rights nor claims whatsoever
derived therefrom.

3. 이에 따라, 당사는 당사가 입찰에 탈락하거나 입찰서류 및 계약서의 하자 또는 불이행 등으로

손실을 입는 경우에도 귀행을 상대로 법적 소송을 포함하여 어떠한 형태의 이의도 제기하지
않을 것을 확약함.

3. Therefore, we hereby declare not to raise any objections against the Bank including lawsuits, in the
event of tender failure or losses due to defects or nonfulfillment of the contract.

III. 인권 및 환경보호․건강, 안전 기준 준수 관련
III. Declaration on Human Rights․ Environment Protection․ Health and Safety

1. 당사는 사업을 수행함에 있어서 적용되는 노동법 및 국제노동기구(ILO)의 핵심노동기준(Core

labor standard)을 준수할 것임을 확약함.

1. We undertake to comply with relevant labor laws and the Core Labor Standards of the International
Labour Standards(ILO) in the process of contract execution.

2. 당사는 사업을 수행함에 있어서 적용되는 환경보호․건강 및 안전에 관한 국제 또는 현지국

기준을 준수할 것을 확약함.

2. We undertake to comply with relevant international/local standards with regard to environment

protection, health and safety in the process of contract execution.

IV. 사회적 가치 구현 관련
IV. Declaration on Upholding Social Value

1. 당사는 사업을 수행함에 있어서 일자리 창출, 균등한 기회 및 사회통합, 상생협력,

반부패·청렴 및 윤리경영 등 다양한 사회적 가치를 존중하고 이를 구현하기 위해 노력할
것을 확약함.

1. We declare to uphold social values including job creation, equal opportunity with social integration,
cooperation for co-prosperity and ethical management, and to endeavor to realize those values in
the process of contract execution.

년월일
Year Month Date
Prequalification Document
Section 3 – Application Forms NCICPP

회사명 :
Name of Company:

대표자 : (인)
Name of Authorized Signatory: Signature
Prequalification Document
Section 4 – Scope of Contract NCICPP

Section 4 – Scope of Contract

1. Project Briefs

1.1 Background

• Cebu is the center of trade and commerce not only in Visayas but also in some
parts of the Mindanao region. It is the Philippines’ main domestic shipping
port and home to about 80% of the country's domestic shipping companies.
The Cebu Baseport is the primary port servicing the City of Cebu.
• The Cebu Port Authority (CPA) manages both Cebu International Port and
Cebu Domestic Port. The former is a 14-hectare facility with berthing length
of 512 m and draft depth of 8.5 m at Mean Lower Low Water (MLLW) while
the latter is a 10-hectare facility with berthing length of 3,838 m and draft
depth of 6.5 m at MLLW.
• Due to its shallow depths, the average berthing ship size is severely restricted
to 11,929 (GRT). Despite such capacity constraint, container traffic has
steadily increased by 5.3% since 2012. Along with the increase in logistics,
traffic demand on the land side is also on the rise.
• Due to the other shortcomings of Cebu Baseport such as lack of available land
space for expansion, limited space for waterfront expansion, narrow water
area for offshore expansion, low productivity of cargo handling, low vertical
clearance of 2 bridges connecting with Mandaue and Mactan Island.
• In order to meet the increasing international container movement and to
decongest the existing Cebu International Port, the development of a New
Cebu International Container Port (NCICP) was approved by the national
government to be located at Barangay Tayud in the Municipality of
Consolacion.
• With the city experiencing rapid urbanization, the construction of a new
international container port facility with longer berth length and container yard
capacity will be instrumental to support urban development.

1.2 Brief Description of Scope

• The Project aims to increase the operational capacity of the main cargo
gateway in the Central Visayas Region by sharing the international container
volume of the existing Cebu Baseport with the new port with increased cargo
handling and container stacking capacities
• It will likewise provide a more efficient and reliable transport infrastructure for
the unimpeded flow of goods and services in preparation of the increasing

Pg. 30 / 31
Prequalification Document
Section 4 – Scope of Contract NCICPP

cargo demand supporting the growth of commerce and industry in the

Visayas region.
• Consequently, the Project will address congestion inside and outside the port,
reduce vessels’ waiting time and logistics cost, and open up new
opportunities to develop industries in the region.
• The Project will be built on a 25-hectare reclaimed island to be connected to the
mainland by the l.45 kilometer-long four (4)-lane road and bridge.As for
approach channel, its width will be 240m, (-)12m in depth and turning basin
will be 420m in diameter. When a vessel with 4,000 TEU enters into a port,
berthing depth should be (-)14m, this will be decided later.
• The container terminal was planned with two berths of 2,000TEU with four quay
cranes in total. However, if option of (-)14m depth quay wall is adapted, it can
accommodate 4,000TEU vessel. The berth is 500m in length and berthing
facilities will be decided after reviewing various structural types. And
revetment built with armor stone is 1,500m in length.
• Terminal buildings and quay cranes shall be installed on the Project area.

2. Major Contract Components

2.1 Civil Works: Detailed Engineering Design and Construction of Berthing Facilities,
Revetment for Reclamation, Dredging and Reclamation, Road, Bridge, Water
Supply & Drainage, Electric Installation, Architectural Facilities, and Electronic
Communication Facilities.

3. Contract Implementation Period

Contract Implementation Period is for thirty-five (35) months.

4. Layout and Location Map

Refer to Port Facility Layout and Project Site Location Map attached as separated file to
this Prequalification Document.