NEGOTIATED PROCUREMENT

(TWO-FAILED BIDDINGS)

CONSULTING SERVICES for the

SUPERVISION of the
DESIGN and BUILD
of the
THREE-STOREY
HLURB-NTRFO
BUILDING
Government of the Republic of the Philippines

June 2019
2
 TABLE OF CONTENTS

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

SECTION II. CHECKLIST OF DOCUMENTS TO BE SUBMITTED ...... 8
SECTION III. NEGOTIATION DATA SHEET ......................................... 10
SECTION IV. TERMS OF REFERENCE................................................... 15
SECTION V. BIDDING FORMS ................................................................. 30

3
Section I. Request for
Quotation/Proposal

4
INVITATION FOR NEGOTIATED PROCUREMENT DUE TO
TWO-FAILED BIDDINGS

Procurement of Consulting Services for the Supervision of the

DESIGN AND BUILD of the THREE-STOREY HLURB-NTRFO
BUILDING

1. The Housing and Land Use Regulatory Board-Northern Tagalog Regional Field Office
(HLURB-NTRFO), through the General Appropriations Act (GAA) for the Fiscal Year
2019 intends to apply the sum of Two Million Four Hundred Fifty Thousand Pesos
(Php2,450,000.00) being the Approved Budget for the Contract (ABC) to payments under
the contract for Procurement of Consulting Services for the Supervision of the DESIGN
AND BUILD of the THREE-STOREY HLURB-NTRFO BUILDING. Proposals
received in excess of the ABC shall be automatically rejected at the opening of the financial
proposals.

2. The HLURB-NTRFO, through its Special Bids and Awards Committee (SBAC), now
invites technically, legally, and financially capable consultants for the mentioned services.

3. The procurement procedure for this project is Negotiated Procurement due to two (2)
failed biddings pursuant to Section 53.1 of the Revised Implementing Rules and
Regulations (IRR) of Republic Act No. 9184 (RA 9184), otherwise known as the
"Government Procurement Reform Act", including Annex "H" thereof.

Interested consultants shall have the following basic qualifications:

a. Duly licensed Filipino citizens/sole proprietorships;

b. Partnerships duly organized under the laws of the Philippines and of which at least
sixty percent (60%) of the interest belongs to citizens of the Philippines;

c. Corporations duly organized under the laws of the Philippines and of which at least
sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;

d. Cooperatives duly organized under the laws of the Philippines, and of which at least
sixty percent (60%) belongs to citizens of the Philippines; or

e. Persons/entities forming themselves into a joint venture, i.e., a group of two (2) or
more persons/entities that intend to be jointly and severally responsible or liable for a
particular contract: Provided, however, That Filipino ownership or interest thereof shall

5
 be at least sixty percent (60%). For this purpose, Filipino ownership or interest shall be
based on the contributions of each of the members of the joint venture as specified in The
SBAC shall engage in negotiations with a sufficient number of consultants to ensure
effective competition. The Consultant shall be selected and employed in accordance
with Quality-Based Evaluation procedure as described in the Negotiation Documents.

4. Interested Consultants may obtain further information from the SBAC Secretariat at the
address given below from Monday to Friday at 8:00 a.m. to 4:00 p.m.

The schedule of procurement activities is herein stated below:

Activities Schedule

04 June 2019 at the 3rd Floor, Insular Life

1. Posting and availability of Negotiation
Bldg., Dolores, City of San Fernando,
Documents
Pampanga

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

2. Negotiation with prospective
Floor, Insular Life Bldg., Dolores, City of
Consultants
San Fernando, Pampanga

3. Deadline for the Submission of 18 June 2019 (10:00 am.) at the 3rd Floor,
Negotiation Documents (Proposal) Insular Life Bldg., Dolores, City of San
Fernando, Pampanga

4. Opening of Negotiation Documents 18 June 2019 (10:05 a.m) at the 3rd Floor,
(Proposal) Insular Life Bldg., Dolores, City of San
Fernando, Pampanga

5. The complete set of Negotiation Documents may be downloaded from the HLURB Website
www.hlurb.gov.ph , beginning June 04, 2019.

6. Bids shall be submitted in sealed envelopes (Envelopes 1, 2 & 3), labeled as "Negotiated
Documents", with the title of the procurement project, name of the Bidder, address of the
Bidder, and contact details of the bidder, addressed to the undersigned.

7. The HLURB-NTRFO reserves the right to reject any and all bids, declare a failure of
bidding, or not award the contract at any time prior to contract award in accordance with
Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected
bidder or bidders.

8. For further information, please refer to:

6
 CHARLES BREINER A. MEDINA

SBAC Secretary
HLURB-NTRFO
3rd Floor Insular Life Building
Brgy. Dolores, City of San Fernando, Pampanga 2000
Tel. no. (045) 963 7376 and (045) 409 7943
Email: ntr@hlurb.gov.ph

June 4, 2019

_________________________________
ENGR. PERLITO C. ABELLO
SBAC Chairman

7
Section II. Checklist of Documents to
be Submitted

8
 CHECKLIST OF DOCUMENTS TO BE SUBMITTED

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

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

ENVELOPE 1- ELIGIBILITY DOCUMENTS shall contain the following:

Legal Documents
 PhilGEPS Certificate of Registration

Technical Documents
 If applicable, valid Joint Venture Agreement (JVA) in case the joint venture is already in
existence, In the absence of a JVA, duly notarized statements from all the potential joint venture
partners stating that they will enter into and abide by the provisions of the JVA in the instance that
the bid is successful.
 PhilGEPS Certificate of Registration of all joint venture partners in accordance with Section
8.5.2 of the revised IRR of RA 9184. The submission of technical and financial documents by
any of the joint venture partners constitutes compliance (Sec. 24.1b of the same IRR).

ENVELOPE 2- TECHNICAL PROPOSAL

1. Technical Proposal (TPF 1);

2. Consultant’s References (TPF 2);
3. Comments and Suggestions of Consultant on the Terms of Reference (TPF 3);
4. Description of the Methodology and Work Plan (TPF 4);
5. Team Composition and Tasks (TPF 5);
6. Format of Curriculum Vitae for Proposed Professional Staff (TPF 6);
7. Time Schedule for Professional Personnel (TPF 7);
8. Activity (Work) Schedule (TPF 8);
9. Omnibus Sworn Statement in accordance with Section 25.3 of the IRR of RA No.
9184.
10. Bid Securing Declaration or any other form of Bid Security in accordance with ITB
Clause 15.1 of the Negotiation Data Sheet.

ENVELOPE 3 –FINANCIAL PROPOSAL

1. Financial Proposal (FPF 1);

2. Summary of Costs (FPF 2);
3. Breakdown of Price Per Activity (FPF 3);
4. Breakdown of Remuneration Per Activity (FPF 4);
5. Reimbursables Per Activity (FPF 5);
6. Miscellaneous Expenses (FPF 6)

9
Section III. Negotiation Data Sheet

10
 Negotiation Data Sheet
ITB Clause

Error! The Procuring Entity is Housing and Land Use Regulatory Board-Northern
Reference Tagalog Regional Field Office (HLURB-NTRFO).
source not
found. The evaluation procedure is Quality Based Evaluation (QBE)

NOTE:

QBE – (GoP) The Consultant achieving the highest Technical Score (St)
has its Financial Proposal opened and provided that it is within the ABC or
cost estimate, which is disclosed in the Negotiation Documents, is invited
to negotiate a contract.

Error! The Funding Source is:

Reference
source not The Government of the Philippines (GoP) through the General
found. Appropriations Act for the Fiscal Year 2019.

The name of the project is Consulting Services for the Supervision of the
Design and Build of the Three-Storey HLURB-NTRFO Building.

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

Reference Building.
source not
found.

Error! The Project shall have three (3) phases: Pre-construction, Construction and
Reference Post-construction.
source not
found.

Error! No further instructions.

Reference
source not
found.

Error! Subcontracting is not allowed.

Reference
source not
found.

Error! Not applicable.

Reference
source not
found.

7.1 Not applicable

11
Error! The Procuring Entity’s address is:
Reference
source not HLURB-NTRFO
found. 3rd Floor Insular Life Building, MarArthur Highway,
Brgy. Dolores, City of San Fernando, Pampanga

Contact the SBAC Secretariat:

Charles Breiner A. Medina

Tel. no. (045) 963 7376 & (045) 409 7943
Email: ntr@hlurb.gov.ph

Error! Not applicable

Reference
source not
found.

Error! The minimum required experience of proposed professional staff is as

Reference follows:
source not
found. Project Manager Filipino;
Licensed Architect/Engineer with valid PRC ID;
At least five (5) years’ experience as Project
Manager in construction supervision and
five (5) years of accumulated experience in
construction supervision and/or construction.

Civil/Structural Filipino;
Engineer Licensed Civil Engineer with valid PRC ID;
At least five (5) years’ experience as Structural
Engineer and at least five (5) years of accumulated
Experience in construction supervision and/or
construction.

Onsite Resident Filipino;

Engineer Licensed Civil Engineer with valid PRC ID;
At least five (5) years’ experience of accumulated
experience in construction supervision and/or
construction.

Sanitary Engineer Filipino;

Licensed Sanitary Engineer with valid PRC ID;
At least five (5) years of accumulated experience in
construction supervision and/or construction.

Electrical Engineer Filipino;

Licensed Electrical Engineer with valid PRC ID;
At least five (5) years of accumulated experience
in construction supervision and/or construction.

12
 Mechanical Engineer Filipino;
Licensed Mechanical Engineer with valid PRC ID;
At least five (5) years of accumulated experience in
construction supervision and/or construction

Error! Refer to the ToR.

Reference
source not
found.

Error! The ABC is Two Million Four Hundred Fifty Thousand Pesos
Reference (Php 2,450,000.00). Any bid with a financial component exceeding this
source not amount shall not be accepted.
found.

Error! The bid prices shall be quoted in Philippine Pesos.

Reference
source not
found.

Error! No further instructions.

Reference
source not
found.

Error! Bids will be valid until October 3, 2019.

Reference
source not
found.

Error! The bid security shall be limited to a Bid Securing Declaration or any of the
Reference following forms and amounts:
source not
found. 1. The amount of not less than Php 39,000.00, if bid security is in cash,
cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of
credit; or

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

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

Reference
source not
found.

Error! No further instructions.

Reference
source not
found.

13
Error! No further instructions.
Reference
source not
found.

Error! Each Bidder shall submit one (1) original and two (2) copies of the first,
Reference second and third envelopes of its bid.
source not
found.

Error! The address for submission of Negotiation Documents is at the 3rd Floor
Reference Insular Life Building, MacArthur Highway, Brgy. Dolores, City of San
source not Fernando, Pampanga.
found.
The deadline for submission of Negotiation Documents is June 18, 2019,
10:00 AM.

21.2 The address for opening of Negotiation Documents is at the 3rd Floor Insular
Life Building, MacArthur Highway, Brgy. Dolores,
City of San Fernando, Pampanga.

The date and time for opening of Negotiation Documents is June 18, 2019,
10:05 AM.

22.1 No further instructions.

25.1 The following processes for the opening and evaluation of Negotiation
Documents shall be adopted:

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

be required to submit his eligibility documents, technical and financial
proposals simultaneously in separate sealed envelopes.

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

the eligibility documents and technical proposals respectively shall first
be opened and evaluated. The SBAC shall rank the consultants in
descending order based on the numerical ratings of their technical
proposals and identify the Highest Rated Bid: Provided, however, that
the Highest Rated Bid shall pass the minimum score indicated therein.

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

opened and the conduct of negotiation shall proceed, the amount
indicated in the financial envelope shall be made as the basis for
negotiation provided it shall not exceed the ABC.

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

Quality of Personnel 30
Experience and Capability 35
Plan of Approach and Methodology 35

14
 Technical Approach and Methodology (20)
Work Plan (10)
Organization and Staffing (5)
TOTAL 100

The minimum required St for each criterion is 60%

The minimum total St required to pass is 60%

26.1 The opening of Negotiation Documents shall be on June 18, 2019, 10:05
AM at the 3rd Floor Insular Life Building, MacArthur Highway, Brgy.
Dolores,
City of San Fernando, Pampanga.

26.2 Should the negotiations fail, the Financial Proposal of the Consultant
achieving the second highest St shall be opened and shall be invited to
negotiate its Proposal and the contract on the basis of the Technical and
Financial Proposals submitted. If these negotiations still fail, then the same
process is repeated for the next-in-rank Consultants until negotiations are
successfully completed.

27.1 The address for negotiations is HLURB-NTRFO, 3rd Floor Insular Life
Building, MacArthur Highway, Brgy. Dolores, City of San Fernando,
Pampanga.

27.2(e) Not applicable.

28.2 No additional requirement.

31.4.6 No additional requirement.

32.1 No further instructions.

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

15
Section IV. Terms of Reference

16
 TERMS OF REFERENCE
OF THE
CONSULTING SERVICES FOR THE SUPERVISION OF THE
DESIGN AND BUILD OF THE THREE-STOREY HLURB-NTRFO BUILDING

I. BACKGROUND

The Housing and Land Use Regulatory Board (HLURB) is a national government agency
tasked as the planning, regulatory and quasi-judicial body for land use development, real estate
and housing regulation and homeowners’ associations (HOA).

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

NTRFO) proposal to construct a new building was triggered by the growing number of clientele
and employees as a consequence of HLURB's additional mandates, the annual increase in office
building rental and the opportunity granted by the Regional Development Council 3 to construct a
building at the Diosdado Macapagal Government Center, Brgy. Maimpis, City of San Fernando,
Pampanga.

II. PROJECT DESCRIPTION AND OBJECTIVE

HLURB-NTRFO is tapping the expertise of a technical consultant who will act as the
PROJECT MANAGEMENT OFFICE (PMO) to augment representatives from HLURB-
NTRFO in supervising the design and construction of the proposed three-storey HLURB-NTRFO
Building. The HLURB-NTRFO requires the services of a PMO whose expertise in construction
supervision will ensure that the Contractor’s A & E design plans will conform with the design
parameters set by the HLURB-NTRFO in its Contract Documents and likewise ensure that daily
construction activities satisfy standards of safety, structural integrity, quality of materials and
workmanship, timeliness and budget specified for said construction.

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

Procedure as provided for in the Revised Implementing Rules and Regulations of Republic Act
No. 9184 or the Government Procurement Reform Act.

Basic Information are as follows:

A. The Project Consulting Services for the Supervision of the

Design and Build of the Three-Storey
HLURB-NTRFO Building
B. Location Diosdado Macapagal Government Center
(DGMC), Brgy. Maimpis, City of San
Fernando, Pampanga
C. Type of Building Government Office Building
D. Lot Area 630 square meters
E. Gross Floor Area Approximately 1,245 square meters
F. Contract Duration From the date stated in the Notice to Proceed
up to the issuance of the Certificate of Final

17
 Acceptance of the Three-Storey HLURB-
NTRFO Building
G. Approved Budget for the Contract Php2,450,000.00 inclusive of notarial fees, all
(ABC) applicable taxes and subject to creditable
withholding tax

III. DEFINITION OF TERMS

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

documentation of the process of Construction Quality Control, an outline of the
procedures and personnel to be employed by the CONTRACTOR to ensure that
completed work complies with the contract documents. The CQCP includes, but is not
limited to, materials quality control, process control testing, inspection/control
procedures, quality records and personnel qualifications. The CQCP shall be coordinated
with jobsite safety and health requirements to effect zero defects and zero accidents.
During construction, the consultant, and the HLURB’s Technical Working Group
(TWG) shall guide and assist the CONTRACTOR in developing and executing the
CQCP.

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

consultancy agreement was awarded and shall also refer to as the Project Management
Office (PMO)

C. CONTRACT - shall mean the consulting services agreement for the supervision of the
design and build/construction of the Three-Storey HLURB-NTRFO Building.

D. CONTRACT DOCUMENTS - shall mean the Philippine Bidding Documents and the
Terms of Reference as prepared by HLURB-NTRFO; and the duly approved plans,
specifications, estimates, bill of quantities and other documents that define the technical
requirements of the Project, as prepared by the CONTRACTOR and duly approved by
HLURB-NTRFO.

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

F. DEFECTS LIABILITY PERIOD - shall refer to the one-year period between contract
completion and final acceptance within which the Contractor assumes the responsibility
to undertake the repair of any damage to the Works at his own expense.

G. DESIGN AND BUILD CONTRACT - shall mean the contract for the Design and
Build/Construction of the Three-Storey HLURB-NTRFO Building and shall also refer to
as the Civil Works Contract.

H. HLURB-NTRFO - shall refer to the Housing and Land Use Regulatory Board -
Northern Tagalog Regional Field Office, the Procuring Entity (PE)

I. PROJECT - shall mean the Consulting Services for the Supervision of the Design and
Build of the Three-Storey HLURB-NTRFO Building.

18
 J. SIMILAR PROJECTS - shall refer to the construction supervision of office (private
or government), commercial (such as hotels or malls), institutional buildings (such as
hospitals or schools) and condominium buildings, with a minimum of three-storey.

IV. GENERAL DUTIES AND RESPONSIBILITIES OF THE CONSULTANT

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

and Post-Construction Phases are executed within quality, cost and time parameters at each phase
of the Project, in accordance with the duly approved plans, specifications, bill of quantities and
other contract documents of the Project.

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

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

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

2. Review and have work knowledge of all the contract documents, more particularly
those pertaining to construction phase, as well as all pertinent codes and policies,
including the IRR of RA No. 9184, for the proper and timely implementation of
the Project;

3. Prepare monthly progress reports on the execution of the Civil Works Contract.
Such reports shall include, among others, summaries, letters, reports, photos,
minutes of meetings and other documents related to the Project;

4. Render full quantity surveying services, in time for the conduct of a joint survey of
the site and the joint preparation of the Bill of Quantities between the
CONSULTANT and/or HLURB-NTRFO and the CONTRACTOR, as required by
the General Conditions of the Contract. Should there be any discrepancies between
the Bill of Quantities submitted by the CONTRACTOR and the Bill of Quantities
after the joint quantification, the differences shall be considered as variations,
provided that the cumulative amount of the positive or additive Variation Order
does not exceed ten percent (10%) of the original contract price;

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

remedial measures;

6. In case the CONTRACTOR shall have an early start or delay in construction, the
CONSULTANT shall perform all its duties and responsibilities as stipulated in this
Terms of Reference at no extra cost to HLURB; and

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

CONSULTANT, or on the part of any person or firm acting in behalf of the
CONSULTANT, in carrying out the Consultancy Agreement, the CONSULTANT
shall be liable for any direct and/or indirect loss or damage to HLURB.

19
 V. DETAILED SCOPE OF SERVICES

The services of the CONSULTANT shall include those which are necessary for the completion
of the Project, starting from the preparation of contract documents and the site up to the issuance
by HLURB-NTRFO of the Certificate of Final Acceptance, including but not limited to the
following:

A. Pre-Construction Phase

1. Review all contract documents (drawings and specifications) that are submitted
for construction, including those released by HLURB-NTRFO, for the proper and
timely implementation of the Project;
2. Provide advice and technical support to HLURB-NTRFO as required in the proper
execution of the work;
3. Prepare the guidelines for execution of construction supervision for approval by
HLURB-NTRFO.
4. Prepare a Quality Management Program (QMP) to be adopted in order to provide
a comprehensive integrated quality system for the construction of the project. The
QMP shall contain, but not limited to, the following:

a. The Consultancy Services

b. Policy Statement
c. Scope and Field Application
d. Definitions of Responsibilities
e. Document Control
f. Meetings
g. Duties and Responsibilities of Personnel
h. As-Built Drawings
i. Construction Quality Control Plan
j. Work Approval Procedure
k. Preparation of Payment Certification
l. Variation Orders
m. Monthly Reports
n. Health and Safety
o. Final Document
p. Contract Closure

B. Construction Phase

1. Review of Construction Drawings and Specifications

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

acceptable, recommend for approval to HLURB-NTRFO;
b. Monitor, oversee and supervise the execution of the Project AT ALL TIMES
for compliance with plans, specifications and other contract documents. The
various construction materials used on the works shall also be checked on a
regular basis to ensure their quality and conformity with the contract
specifications. For this purpose, the CONSULTANT shall maintain

20
 representative at the site at all times that the CONTRACTOR is working, to
supervise the work; and issue instructions, if necessary;
c. Respond immediately to HLURB-NTRFO’s requests for clarification on
issues/guidelines issued as the work progresses for close monitoring of the
field performance of the CONTRACTOR;
d. Monitor safety programs developed by the CONTRACTOR, especially those
safety provisions for the overall works as provided by the General Conditions
of the Civil Works Contract, which also include on-site security, first aid, fire
protection, traffic circulation and other safety programs as approved by
HLURB-NTRFO, including protection of HLURB-NTRFO furnished
materials and equipment. The CONTRACTOR shall be made aware that safety
provisions do not relieve them of the responsibilities and liabilities for safety
and/or property damages;
e. Clarify technical problems, including those caused by unforeseen
contingencies and expediencies, coordinating their resolution with HLURB-
NTRFO and the CONTRACTOR as required, such that the implementation of
the Project shall not be delayed;
f. In coordination with the CONTRACTOR, propose and present to HLURB-
NTRFO for approval, any changes in the plans that may be deemed necessary
for the completion of works indicating any effect the changes may have on the
contract amount and any additional time required to complete the project, and
submit all necessary change orders, including revision and/or alteration of
plans and specifications and other details;
g. Evaluate, in consultation with the CONTRACTOR, the latter's claims,
recommendations for time extension, price escalation/de-escalation, extra
compensation/work expenses, field revisions, suggested substitutions and
requests for variation order, and accordingly recommend approval or
disapproval to HLURB-NTRFO;
h. Confirm the validity of CONTRACTOR's Requests for Payment through
detailed evaluation of construction plans vis-a-vis accomplished/completed
work and actual deliveries of equipment to site;
i. Monitor start-up and testing of building system, execute building
commissioning, and complete Civil Works Contract close-out with the
CONTRACTOR;
j. Review, evaluate and process all applications for progress billing and/or
payments of the CONTRACTOR per approved procedures of HLURB-
NTRFO;
k. Recommend and discuss with HLURB-NTRFO any comments or findings that
may contribute to the proper implementation of the Project.

2. Quality Control During Construction

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

to ensure compliance by the CONTRACTOR with plans, specifications, bill of
quantities and other documents;
b. Guide and assist HLURB-NTRFO and the CONTRACTOR in the
implementation of the Project in accordance with the contract documents;

21
 c. Check the quality of materials used and the workmanship employed in the
execution of the Project in compliance with the plans, specifications and other
contract documents, in the process protecting the interests of HLURB-NTRFO
in terms of quality, economy and time per requirements of the Civil Works
Contract;
d. Supervise and monitor the inspection, testing and acceptance of all materials
before they are utilized in the Project. Evaluation reports and recommendations
of the test results shall be submitted to HLURB-NTRFO for review;
e. Physically inspect the execution of the Project, including the installation of
equipment and materials by the CONTRACTOR, in accordance with the
contract documents. Keep regularly an updated list of the Contractor's
equipment to ensure compliance provided in the Contractor's bid;
f. Conduct factory and plant inspections when required, and report findings and
prepare recommendations to HLURB-NTRFO;
g. Inspect and audit CONTRACTOR's execution of the Project at the Project Site,
reporting and initiating rectification of any deviation from the contract
documents;
h. Recommend suspension of work, in whole or in part (per the procedures of
HLURB-NTRFO), if the work is deemed non-complying with the contract
documents, or against accepted construction and/or engineering standards and
practices;
i. Set-up regular on-site inspection visits of the Project with the CONTRACTOR
and HLURB-NTRFO;
j. Prepare a punch list of all items of the projects which require correction after
the Project which is substantially completed and before the final joint
inspection is conducted;
k. Ensure that each item in the punch list is corrected before project completion is
recommended to HLURB-NTRFO;
l. Set-up a final on-site inspection of the Project with HLURB-NTRFO and
CONTRACTOR upon completion of the Project.

3. Schedule Control

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

(CPM) analysis, prepare a Project Time Schedule for all activities of the
Project and ensure, through regular updating of the CPM analysis, that the
CONTRACTOR, HLURB-NTRFO and other entities directly or indirectly
involved in the execution of the project are fully and regularly informed of the
status of the time schedule of the Project;
b. Ensure, through adherence of the CONTRACTOR to its approved CQCP, that
time, labor, materials and equipment of the CONTRACTOR are adequate and
available before each construction activity, for timely performance and
prevention of delays;
c. Monitor the respective time schedules of the CONTRACTOR and other
entities directly or indirectly involved in the Project in accordance with a
Project Time Schedule, recommending and taking corrective actions when
deviations occur.

22
 4. Project Documentation

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

documents, materials, equipment, applicable codes, permits, deliveries and
other pertinent documents;
b. Ensure that the CONTRACTOR maintains a current set of records,
construction drawings and specifications and any other required project
documents at the Project Site;
c. Monitor the CONTRACTOR's production of as-built drawings.

C. Post-Construction Phase

1. Completion and Final Acceptance

a. Upon ninety-five percent (95%) completion, inspect the works, together with
the HLURB-NTRFO, and inform the CONTRACTOR in writing regarding
items needing rectification for one hundred percent (100%) completion. Upon
100% completion, the CONSULTANT shall assist HLURB-NTRFO in the
inspection of the project in connection with the issuance of the Turn-Over
Certificate stating the date or dates from which the Defects Liability Period
shall commence. Before issuance to the CONTRACTOR of the Certificate of
Completion, the CONSULTANT shall carry-out the necessary inspection,
specify and supervise any remedial works to be carried out when completed,
and recommend to HLURB-NTRFO for final inspection and acceptance of the
project;
b. Should any problem or other concerns occur during the mandatory one (1) year
Defects Liability Period after the issuance of a certificate of completion, the
CONSULTANT, upon the request of HLURB-NTRFO, make available its
personnel involved in the construction supervision of such completed contract
package/s to assist HLURB-NTRFO in resolving said problems/issues;
c. Issue a certificate concurring on the completion of the Project;
d. Facilitate the conduct of the Contractor's Performance Evaluation System
(CPES) by the procuring entity;
e. A Certificate of Final Acceptance of the Project may be issued by HLURB-
NTRFO one (1) year after issuance of certificate of completion.

2 Final Review of As-Built Plans

Review and record all approved deviations of the as-built plans prepared by the
CONTRACTOR prior to finalization for submission to HLURB-NTRFO. Review
of electronic files shall also be included.

5. Closing of CONTRACTOR's Account

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

CONTRACTOR;
b. Assist HLURB-NTRFO in closing the accounts of the CONTRACTOR in
relation to the Project.

23
 6. Preparation of the Final Project Report

Prepare the Final Project Report which will be submitted to HLURB-NTRFO, with
observations and recommendations on the contractual, technical and Civil Works
Contract time performance of the CONTRACTOR. The Final Project Report
should include, among others, logbooks, test results and the history of the Project.

D. The CONSULTANT shall perform any and all other items of work not specifically
mentioned above but which are necessary and essential to successfully supervise and
control the construction activities in accordance with the plans, specifications and terms of
contract. The CONSULTANT's responsibility for the works shall continue until the
Certificate of Final Acceptance has been issued by HLURB-NTRFO.

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

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

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

In connection with the work by the CONSULTANT that requires the cooperation of other
government agencies, HLURB-NTRFO will provide assistance and will ensure that the
CONSULTANT has access to all available information as may be allowed by law.

VII. DESIGN AND CONSTRUCTION SUPERVISION KEY PERSONNEL

Number of Position Qualifications

Personnel
One (1) PROJECT MANAGER Filipino
Licensed Architect/Engineer with valid PRC
ID
At least five (5) years’ experience as
Project Manager in construction supervision
and five (5) years of accumulated
experience in construction supervision
and/or construction
One (1) CIVIL/STRUCTURAL Filipino
ENGINEER Licensed Civil Engineer with valid PRC ID
At least five (5) years’ experience as
Structural Engineer and
At least five (5) years of accumulated
experience in construction supervision
and/or construction
One (1) ON-SITE RESIDENT Filipino
ENGINEER Licensed Civil Engineer with valid PRC ID

24
 At least five (5) years’ experience of
accumulated experience in construction
supervision and/or construction
One (1) SANITARY ENGINEER Filipino
Licensed Sanitary Engineer with valid PRC
ID
At least five (5) years of accumulated
experience in construction supervision
and/or construction
One (1) ELECTRICAL ENGINEER Filipino
Licensed Electrical Engineer with valid PRC
ID
At least five (5) years of accumulated
experience in construction supervision
and/or construction
One (1) MECHANICAL ENGINEER Filipino
Licensed Mechanical Engineer with valid
PRC ID
At least five (5) years of accumulated
experience in construction supervision
and/or construction

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

In case of death, separation, dismissal or resignation of original selected key personnel and
staff, no replacement or substitution shall be made without prior written approval of HLURB-NTRFO.
However, the replacement or substitute shall meet the minimum qualifications specified herein.
Further, no mobilization, demobilization and leave of absence shall be made by the key personnel
without prior written approval of HLURB-NTRFO.

VIII. SUBMITTALS

The CONSULTANT shall submit, among others that may be required, the following submittals
at each Phase of the Project:

A. Pre-Construction Phase

The Pre-Construction reports should include:

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

b. Review of the CONTRACTOR's Bill of Quantities and cost estimates.
c. Review of results of joint survey of actual conditions with the
CONTRACTOR, resulting in changes in plans, and recommended variation
orders, if any.
d. Review of the Construction Program submitted by the CONTRACTOR.

25
 B. Construction Phase

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

a. Progress Reports
b. Minutes of meetings including regular and other meetings.
c. Logbook of daily time record of construction supervision personnel.
d. Report on weather condition and daily equipment utilization.
e. Other reports, communications and records which are relevant to the
implementation of the Project.
2. General punch list of known defects, if any
3. Report/Certification that each item in the punch list has been corrected before Project
completion is recommended to HLURB-NTRFO.

C. Post-Construction Phase
1. Final Project Report signed by the CONSULTANT.

IX. CONTRACT PRICE AND TERMS OF PAYMENT

A. APPROVED BUDGET FOR THE CONTRACT (ABC)

For and in consideration of the faithful and full performance of the services enumerated herein
and in the Agreement, HLURB-NTRFO agrees to pay the CONSULTANT the amount indicated in the
financial envelope which shall not exceed the amount indicated in the envelope and the Approved
Budget for the Contract (ABC) as stated in the Request for Expression of Interest and the Bidding
Documents.
The aforesaid fee is inclusive of all expenses, notarial fees, applicable taxes and subject to
creditable withholding tax.

B. TERMS OF PAYMENT

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

PHASE REQUIREMENTS PORTION OF THE

A. Pre-Construction Phase
B. Construction Phase
CONTRACT PRICE
PER PHASE
Upon issuance of Notice to Proceed *15% Advance Payment
(7.5%)
Billing and completion, submission
and acceptance of all requirements
per Item V, A. Detailed Scope of
Services, Pre-Construction Phase
and Item IX, A. Submittals – Pre-
Construction Phase (7.5%)
Billing and completion, submission Construction Phase:
and acceptance of all requirements 1st month-15%
(Monthly Progress Report, etc.). If 2nd month-15%

26

C. Post-Construction Phase
* Advance payment of 15%
the civil works contract duration is 3rd month-15%
modified, the remaining balance of 4th month-15%
the fees due to the CONSULTANT 5th month-15%
shall be adjusted accordingly. 6th month-15%
[Item V, B. Detailed Scope of
Services-Construction Phase and
Item IX,B Submittals – Construction
Phase]
Billing and completion, submission
and acceptance of all requirements
per Item V, C. Detailed Scope of
Services, Post-Construction Phase
and Item IX,C. Submittals – Post-
Construction Phase
1. To be released after issuance of 5%
Certificate of Completion
2. To be released after issuance of 5%
Certificate of Final Acceptance

Advance payment for mobilization shall be allowed upon formal written request by the
CONSULTANT. The approved amount shall not exceed fifteen percent (15%) of the fee and shall only
be released upon posting of an irrevocable standby letter of credit of equal value issued by a reputable
bank acceptable to HLURB-NTRFO. The advanced payment shall be repaid until fully liquidated
by the CONSULTANT by deducting from its progress payments such sum as may be agreed upon
during the contract negotiations.

X. PERFORMANCE SECURITY

To guarantee the faithful performance by the consultant of its contractual obligations, it shall
post a performance security prior to the signing of the contract. The performance security shall be in an
amount equal to a percentage of the total contract price in accordance with the following schedule:

AMOUNT OF PERFORMANCE SECURITY

FORM OF PERFORMANCE SECURITY (EQUAL TO PERCENTAGE OF THE TOTAL
CONTRACT PRICE)
Cash, cashier's/manager's check, bank Five Percent (5%)
draft/guarantee confirmed by a Universal
Or Commercial Bank.
Irrevocable letter of credit issued by a Five Percent (5%)
Universal or Commercial Bank: Provided,
However, that it shall be confirmed or
authenticated by a Universal or Commercial
Bank, if issued by a foreign bank.
Surety Bond callable upon demand issued by a Thirty Percent (30%)
surety or insurance company duly certified by the

27
 Insurance Commission as authorized to issue
such security.
Any combination of the foregoing Proportionate to share of form with respect to
total amount of security

The performance security shall be denominated in Philippine Pesos and posted in favor of the
procuring entity, which shall be forfeited in the event it is established that the winning bidder is in
default in any of its obligations under the contract.

HLURB-NTRFO shall release the performance security to the Consultant upon final acceptance
of the work and upon clearance of all liabilities relative to the project.

XI. DISCLOSURE OF RELATIONS

All bidding documents shall be accompanied by a sworn affidavit of the bidder that it, or any
officer of its corporation, is not related to the Head of the Procuring Entity, members of the Special
Bids and Awards Committee (SBAC), the Technical Working Group (TWG) and the SBAC Secretariat,
by consanguinity or affinity up to the third civil degree. Failure to comply with the aforementioned
provisions shall be a ground for the automatic disqualification of the bid in consonance with Section 30
of the IRR of RA 9184.

In no case shall the winning bidder or any officer of their corporation be related by
consanguinity or affinity up to third civil degree, to the winning bidder of the Civil Works Procurement
or any of its officers.

XII. JUDICIAL AND ADMINISTRATIVE REMEDIES

HLURB-NTRFO shall have the right to declare the Agreement rescinded and terminated, after
due notice, upon failure of the CONSULTANT to comply with any of its terms and conditions, without
prejudice to the right of HLURB-NTRFO to proceed against the CONSULTANT as may be warranted
by the facts and circumstances of the case, including forfeiture of the performance bond and/or the filing
of appropriate administrative, civil and/or criminal charges against the responsible persons.

All actions and controversies that may arise from the Agreement, including but not limited to
demands for specific performance of obligations and/or in the interpretation of any provision or clause
contained herein, shall only be brought by the parties before the proper court in the City of San
Fernando, Pampanga. Administrative or arbitration proceedings shall only be instituted in Region 3.
Accordingly, the CONSULTANT hereby expressly waives all other venues.

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

CONSULTANT or by HLURB-NTRFO, all fees or any balance thereof, shall be payable only upon
finality of the instituted judicial, administrative, or arbitration proceedings. The same rule shall apply
in the enforcement of other terms and conditions of the Agreement favorable to the CONSULTANT.
Should the CONSULTANT be found liable in whole or in part, it shall pay HLURB-NTRFO damages
equivalent to at least twenty percent (20%) of the total amount claimed, in addition to attorney's fees,
litigation expenses and cost of suit.

28
 XIII. MISCELLANEOUS PROVISIONS

A. Before HLURB-NTRFO pays the consideration, or part thereof, for the Agreement, the
CONSULTANT shall execute a sworn statement that it has fully paid the wages, allowances
and all other benefits of its employees as provided under labor laws, social legislations, local
ordinances, executive and administrative orders, their employment contracts, and pertinent
rules and regulations of the Department of Labor and Employment and other concerned
government agencies. That it shall continue to comply with such laws, rules and contracts for
the duration of the Agreement.

B. It is expressly agreed and understood that all workers and/or personnel, technical or otherwise,
of the CONSULTANT assigned to the Service are NOT employees of HLURB-NTRFO, hence,
the latter is not liable for any and all money claims by the employees of the former by reason
of their performance of the duties and obligations under the Agreement. Nothing in the
Agreement shall be construed as establishing the relationship of employer and employee
between HLURB-NTRFO and any of the CONSULTANT's workers and/or personnel.

C. Accordingly, the CONSULTANT shall, at all times, be directly responsible for all workers and
personnel it employs or contracts for the Agreement and therefore relieves HLURB-NTRFO
from any and all responsibilities whatsoever in this regard.

D. The CONSULTANT holds HLURB-NTRFO free from any and all claims, liabilities, loses and
suits filed against it by third parties arising from the CONSULTANT's services under the
Agreement, or by the acts, omissions or conduct of all its representatives and/or persons
employed or contracted by it to work, participate or assist in the performance of its obligations
under the Agreement.

E. If the CONSULTANT shall violate any of the terms and conditions of this Agreement,
or shall neglect to perform any of their work, duties, functions, responsibilities or obligations
stipulated therein, or for any other cause shall fail to carry the task in an acceptable manner,
and by reason thereof, HLURB-NTRFO suffers damages or losses, the CONSULTANT shall
be assessed liquidated damages in an amount of at least equal to one-tenth of one percent (0.1%)
of the cost of the unperformed portion for every day of delay. Once the cumulative amount
of liquidated damages reaches ten percent (10%) of the amount of the contract, HLURB-
NTRFO shall rescind the contract, without prejudice to other courses of action and remedies
open to it.

F. If the work under this Agreement is abandoned or suspended at the instance of HLURB-
NTRFO, in whole or in part, the CONSULTANT shall be paid for the services rendered
corresponding to the fees at the stage of suspension or abandonment of work.

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

H. Any extension to the Agreement's period, or any of its stages, due to the fault of the
CONSULTANT, shall not involve any additional cost to HLURB-NTRFO.

29
I. The CONSULTANT shall comply with all laws, decrees, acts, ordinances, rules and regulations
of the Philippines which may affect the contract in any way, including the expressed and
implied warranties and liabilities which may be found therein.

-end-

30
 Section V. Bidding Forms

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

Omnibus Sworn Statement ................................................................. 41
Financial Proposal Forms ................................................................... 47
Form of Contract Agreement .............................................................. 53

31
 TECHNICAL PROPOSAL FORMS

Notes for Consultants

The following summarizes the content and maximum number of pages permitted for the
Technical Proposal. A page is considered to be one printed side of A4 or letter sized paper.

Cover Letter

Use TPF 1. Technical Proposal Submission Form.

Experience of the Firm

Maximum of [insert acceptable number of pages] introducing the background and general
experience of the Consultant, including its partner(s) and subconsultants, if any.

Maximum of [insert acceptable number of pages] completed projects in the format of TPF
2. Consultant’s References illustrating the relevant experience of the Consultant, including
its partner and subconsultants, if any. No promotional material should be included.

General approach and methodology, work and staffing schedule

Use TPF 4. Description of the Methodology and Work Plan for Performing the Project, TPF
5. Team Composition and Task , TPF 7. Time Schedule for Professional Personnel, and
TPF 8. Activity (Work) Schedule.

If subcontracting is allowed, add the following: If the Consultant will engage a subconsultant
for the portions of the Consulting Services allowed to be subcontracted, the Consultant shall
indicate which portions of the Consulting Services will be subcontracted, identify the
corresponding subconsultant, and include the legal eligibility documents of such
subconsultant.

Curriculum Vitae (CV)

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

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

Not more than [insert acceptable number of pages] using TPF 3. Comments and
Suggestions of Consultant on the Terms of Reference and on Data, Services, and Facilities
to be Provided by the

32
 TPF 1. TECHNICAL PROPOSAL SUBMISSION FORM

[Date]

[Name and address of the Procuring Entity]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for [Title of Project] in
accordance with your Bidding Documents dated [insert date] and our Bid. We are hereby
submitting our Bid, which includes this Technical Proposal, and a Financial Proposal sealed
under a separate envelope.

In accordance with ITB Clause 21.1, we confirm that the information contained in the
eligibility documents submitted earlier together with the Expression of Interest remain correct
as of the date of bid submission.

If negotiations are held during the period of bid validity, i.e., before [insert date], we
undertake to negotiate on the basis of the proposed staff. Our Bid is binding upon us and
subject to the modifications resulting from contract negotiations.

In accordance with GCC Clause 51, we acknowledge and accept the Procuring Entity’s
right to inspect and audit all records relating to our Bid irrespective of whether we enter into a
contract with the Procuring Entity as a result of this Bid or not.

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

We acknowledge that failure to sign this Technical Proposal Submission Form and the
abovementioned Financial Proposal Submission Form shall be a ground for the rejection of our
Bid.

We remain,

Yours sincerely,

Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:

33
 TPF 2. CONSULTANT’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each project for which your firm/entity, either
individually, as a corporate entity, or as one of the major companies within an association, was
legally contracted.

Project Name: Country:

Location within Country: Professional Staff Provided by Your

Firm/Entity(profiles):

Name of Client: No of Staff:

Address: No of Staff-Months; Duration of Project:

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

Name of Associated Consultants, if any: No of Months of Professional Staff

Provided by Associated Consultants:

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

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Consultant’s Name:

34
 TPF 3. COMMENTS AND SUGGESTIONS OF CONSULTANT ON THE TERMS OF
REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY
THE PROCURING ENTITY

On the Terms of Reference:

1.

2.

3.

4.

5.

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

1.

2.

3.

4.

5.

35
TPF 4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR
PERFORMING THE PROJECT

36
 TPF 5. TEAM COMPOSITION AND TASK

1. Technical/Managerial Staff
Name Position Task

2. Support Staff
Name Position Task

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

37
TPF 6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL
STAFF

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on project. Describe degree of
responsibility held by staff member on relevant previous projects and give dates and locations. Use about half a
page.]

Education:

[Summarize college/university and other specialized education of staff members, giving names of schools, dates
attended, and degrees obtained. Use about one quarter of a page.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member
since graduation, giving dates, names of employing organizations, titles of positions held, and locations of
projects. For experience in last ten years, also give types of activities performed and client references, where
appropriate. Use about two pages.]

38
Languages:

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

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.

Commitment:

I also commit to work for the Project in accordance with the time schedule as indicated in the
contract once the firm is awarded the Project.

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

Full name of staff member: _______________________________________________

Full name of authorized representative: ______________________________________

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

execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me
through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.
No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification
card used], with his/her photograph and signature appearing thereon, with no. ______.

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

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________

Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

39
 TPF 7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

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

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Full-time: Part-time:
Reports Due:
Activities Duration:
Location Signature:
(Authorized representative)

Full Name:
Title:
Address:

40
 TPF 8. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items

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

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

Activity (Work)
_________________

_________________

_________________

_________________

B. Completion and Submission of Reports

Reports Date

1. Inception Report

2. Interim Progress Report

(a) First Status Report
(b) Second Status Report

3. Draft Report

4. Final Report

41
 OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address
of Affiant], after having been duly sworn in accordance with law, do hereby depose and state
that:

1. Select one, delete the other:

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

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

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

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

2. Select one, delete the other:

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

of [Name of Consultant], I have full power and authority to do, execute and perform
any and all acts necessary to participate, submit the bid, and to sign and execute the
ensuing contract for [Name of the Project] of the [Name of the Procuring Entity][insert
“as shown in the attached duly notarized Special Power of Attorney” for authorized
representative];

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

and authority to do, execute and perform any and all acts necessary to participate,
submit the bid, and to sign and execute the ensuing contract for [Name of the Project]
of the [Name of the Procuring Entity], accompanied by the duly notarized Special
Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate, whichever
is applicable;

3. [Name of Consultant] is not “blacklisted” or barred from bidding by the Government

of the Philippines or any of its agencies, offices, corporations, or Local Government
Units, foreign government/foreign or international financing institution whose
blacklisting rules have been recognized by the Government Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an

authentic copy of the original, complete, and all statements and information provided
therein are true and correct;

42
 5. [Name of Consultant] is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;
6. Select one, delete the rest:
If a sole proprietorship: The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project Management Office
or the end-user unit, and the project consultants by consanguinity or affinity up to the
third civil degree;
If a partnership or cooperative: None of the officers and members of [Name of Bidder]
is related to the Head of the Procuring Entity, members of the Bids and Awards
Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head
of the Project Management Office or the end-user unit, and the project consultants by
consanguinity or affinity up to the third civil degree;
If a corporation or joint venture: None of the officers, directors, and controlling
stockholders of [Name of Consultant] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group,
and the BAC Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the third civil degree;
7. [Name of Consultant] complies with existing labor laws and standards; and
8. [Name of Consultant] is aware of and has undertaken the following responsibilities as
a Bidder:
a) Carefully examine all of the Bidding Documents;
b) Acknowledge all conditions, local or otherwise, affecting the implementation of the
Contract;
c) Made an estimate of the facilities available and needed for the contract to be bid, if
any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project].
9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to any person or official,
personnel or representative of the government in relation to any procurement project or
activity.
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.

______________________________________
[Bidder’s Representative/Authorized Signatory]

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

execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me
through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.

43
No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification
card used], with his/her photograph and signature appearing thereon, with no. ______.

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

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________

Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

44
Bid-Securing Declaration

(REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

Invitation to Bid [Insert reference number]

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

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract
with any procuring entity for a period of two (2) years upon receipt of your Blacklisting
Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines
on the Use of Bid Securing Declaration, within fifteen (15) days from receipt of written
demand by the procuring entity for the commission of acts resulting to the enforcement of
the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1 (f), of
the IRR of RA 9184; without prejudice to other legal action the government may undertake.

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

a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right;
c. I am/we are declared as the bidder with the Highest Rated Responsive Bid, and I/we
have furnished the performance security and signed the Contract.

45
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]

[Insert signatory’s legal capacity]

Affiant

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

execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me
through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.
No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification
card used], with his/her photograph and signature appearing thereon, with no. ______.

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

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________

Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

46
47
 FINANCIAL PROPOSAL FORMS

Notes for Consultants

The following summarizes the content of the Financial Proposal.

Cover Letter

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

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

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

(b) not taken any action which is or constitutes a corrupt, fraudulent, or coercive practice
as defined in the applicable rules and guidelines; and

(c) agrees to allow the Procuring Entity and the Funding Source, at their option, to
inspect and audit all accounts, documents, and records relating to the its Bid and to
the performance of the ensuing contract.

Costs of Consulting Services

Use FPF 2. Summary of Costs; FPF 3. Breakdown of Price per Activity; FPF 4. Breakdown
of Remuneration per Activity; FPF 5. Reimbursables per Activity; and FPF 6.
Miscellaneous Expenses.

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 FPF 1. FINANCIAL PROPOSAL SUBMISSION FORM

[Date]

[Name and address of the Procuring Entity]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for [Title of Project] in
accordance with your Bidding Documents dated [insert date] and our Bid (Technical and
Financial Proposals). Our attached Financial Proposal is for the sum of [amount in words and
figures]. This amount is exclusive of the local taxes, which we have estimated at [amount(s)
in words and figures].

Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the bid validity period, i.e., [Date].

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

acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating to
our Bid irrespective of whether we enter into a contract with the Procuring Entity as a result of
this Bid.

We confirm that we have read, understood and accept the contents of the Instructions
to Bidders (ITB), the Bid Data Sheet (BDS), General Conditions of Contract (GCC), Special
Conditions of Contract (SCC), Terms of Reference (TOR), the provisions relating to the
eligibility of Consultant and the applicable guidelines for the procurement rules of the Funding
Source, any and all Bid bulletins issued and other attachments and inclusions included in the
Bidding Documents sent to us.

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

We remain,

Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:

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 FPF 2. SUMMARY OF COSTS

Costs Currency(ies)1 Amount in Philippine Peso

Subtotal

Local Taxes

Total Amount of Financial Proposal ______________________

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

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 FPF 3. BREAKDOWN OF PRICE PER ACTIVITY

Activity No.:____________________ Activity No.:_____________________ Description:_____________________

Price Component Currency(ies)2 Amount in Philippine Peso

Remuneration

Reimbursables

Miscellaneous Expenses

Subtotal ____________________________

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

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 FPF 4. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No._____________________________________ Name:______________________________

Remuneration
Names Position Input3 Currency(ies) Rate Amount

Regular staff

Local staff

Consultants

Grand Total ___________________

3 Staff months, days, or hours as appropriate.

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 FPF 5. REIMBURSABLES PER ACTIVITY

Activity No:_________________________________ Name:_____________________

No. Description Unit Quantity Unit Price In Total Amount In

1. International flights Trip
_____________________________

2. Miscellaneous travel expenses Trip

3. Subsistence allowance Day

4. Local transportation costs4

5. Office rent/accommodation/
clerical assistance

Grand Total ________________

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

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 FPF 6. MISCELLANEOUS EXPENSES

Activity No.______________________ Activity Name: ________________________

No. Description Unit Quantity Unit Price Total

Amount

1. Communication costs between

______________________and
_________________________
(telephone, telegram, telex)

2. Drafting, reproduction of
reports

3. Equipment: vehicles,
computers, etc.

4. Software

Grand Total _______

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 FORM OF CONTRACT AGREEMENT

THIS AGREEMENT, made this [insert date] day of [insert month], [insert year]
between [name and address of Procuring Entity] (hereinafter called the “Entity”) and
[name and address of Consultant] (hereinafter called the “Consultant”).

WHEREAS, the Entity is desirous that the Consultant execute [name and
identification number of contract] (hereinafter called “the Works”) and the Entity has
accepted the bid for [insert the amount in specified currency in numbers and words] by
the Consultant for the execution and completion of such Consulting Services and the
remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings
as are respectively assigned to them in the Conditions of Contract
hereinafter referred to.

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

and construed as part of this Agreement, to wit:

(a) General and Special Conditions of Contract;

(b) Terms of Reference
(c) Request for Expression of Interest;
(d) Instructions to Bidders;
(e) Bid Data Sheet;
(f) Addenda and/or Supplemental/Bid Bulletins, if any;
(g) Bid forms, including all the documents/statements contained in the
Bidder’s bidding envelopes, as annexes, and all other documents/
statements submitted (e.g., bidder’s response to request for
clarifications on the bid), including corrections to the bid, if any,
resulting from the Procuring Entity’s bid evaluation;
(h) Eligibility requirements, documents and/or statements;
(i) Performance Security;
(j) Notice of Award of Contract and the Bidder’s conforme thereto;
(k) Other contract documents that may be required by existing laws
and/or the Entity.

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

Consultant as hereinafter mentioned, the Consultant hereby covenants
with the Entity to execute and complete the Consulting Services and
remedy any defects therein in conformity with the provisions of this
Consultant in all respects.

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 4. The Entity hereby covenants to pay the Consultant in consideration of the
execution and completion of the Consulting Services, the Contract Price
or such other sum as may become payable under the provisions of this
Contract at the times and in the manner prescribed by this Contract.

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

executed the day and year first before written.

Binding Signature of Procuring Entity

________________________________________________

Binding Signature of Consultant

_____________________________________________

[Addendum showing the corrections, if any, made during the bid evaluation should be
attached with this agreement]

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