PSIP: Instructions to Bidders Pre-Bid Conferenceppp.gov.ph/wp-content/uploads/2012/05/PSIP-BB-No10-Attach4-ITB... · Highways (DPWH) Bureau of Research and Standards (BRS) of new

PSIP: Instructions to Bidders Pre-Bid Conference 14 May 2012

PSIP: Instructions to Bidders Page 2

Contract Packages

Contract Package

Region Number of Schools

Number of SubProjects

Number of Classrooms

A I 666 728 2,157

B III 592 678 2,885

C IV-A 946 1,090 4,259

Total 2,204 2,496 9,301

A bidder may bid for one or more Contract Packages for which it was prequalified as stated in the Notice of Prequalification sent by DepEd.


Contents of the Sealed Technical Proposal (First Envelope)

a. Checklist of the Contents of the First Envelope using the format provided in Annex TP-1

b. Bid Letter using the form in Annex TP-2

c. Authority to Participate in the Bid and Designation of Authorized Representative (1) For a Pre-Qualified Bidder which is a partnership or corporation, using the

form in Annex TP-3A (2) For a Pre-Qualified Bidder which is a Consortium, using the form in Annex

TP-3B, to be submitted by each Consortium Member

d. Bid Security, using the form in Annex TP-4


Contents of the Sealed Technical Proposal (First Envelope)

e. For a prequalified bidder which is a Consortium, the following additional requirements:

(1) An updated Business Plan using the Form in Annex TP-5, providing

information on the final composition of the Consortium and the percentage interests of each Member.

(2) Required attachments to Annex TP-5 for any new Consortium Member substituted for a Consortium Member which has withdrawn from the Consortium: (a) Basic Information Sheet using the form of Annex QD-2 of the

Instructions to Prospective Bidders (ITPB) including its required attachments

(b) Notarized Certification of Absence of Unsatisfactory Performance Record using the form in Annex QD-4 of the ITPB.


Contents of the Sealed Technical Proposal (First Envelope) f. Conceptual Engineering Design, using the format in Annex TP-6. This shall

indicate the following elements of the Conceptual Engineering Design for the Project, which shall conform to the MPSS, and provide a level of detail that will enable quantities to be estimated up to the plus/minus fifteen percent (±15%) of the final quantities:

(1) Component I (Classroom Buildings) and Component II (Toilets)

a) Description of proposed technology and materials for all building components e.g.

use of pre-fabricated components or conventional built-on-site technology; use of concrete/steel/other materials, etc. for the architectural, structural, electrical, sanitary/plumbing elements of the buildings on A4 page size

b) Architectural Perspectives (exterior and interior) and preliminary architectural and engineering floor/reflected ceiling/roof cavity/roof plans, 4 elevations and cross/longitudinal sections of the 12 typical school buildings at a scale of 1:200 meters (m) on A1 sheet size.

c) Specifications, including accreditation from the Department of Public Works and Highways (DPWH) Bureau of Research and Standards (BRS) of new materials/technology to be used in the Project, if applicable, on A4 page size


Contents of the Sealed Technical Proposal (First Envelope) f. Conceptual Engineering Design (con’t)

(1) Component I (Classroom Buildings) and Component II (Toilets) (con’t)

d) Proof of structural quality and integrity of a completed building, particularly those which propose the use of new materials/technology on the Project. Accepted proof may be in the form of structural plans/designs, technical specifications, structural calculations, manuals, brochures, or other graphic material such as photos and video containing details on the proposed system or its previous successful applications, certified test results which could be independently verified by third parties, BRS certification and the like, with documents preferably on A4 page size

e) Preliminary engineering design and analyses and computations on A4 page size. (2) Component III

a) Preliminary list of furniture items per classroom on A4 page size

b) Conceptual design of pupil’s armchairs, teacher’s table and chair, indicating

perspectives, plans, and elevations with dimensions at a scale of 1:20m, and preliminary material specifications on A2 sheet size.


Contents of the Sealed Technical Proposal (First Envelope) g. Construction Plan using the format in Annex TP-7. This shall include the following

elements to be undertaken in accordance with the prescribed MPSS for Construction:

(1) Construction organization for the Project, identifying key personnel and positions, and subcontractors on A2 sheet size

(2) Construction methodology and procedures, including fabrication and assembly plans, logistics plans, as applicable on A4 page size

(3) Quality Control (QC) and Quality Assurance (QA) systems on A4 page size with A3 to A2 sheet foldouts (as needed)

(4) Construction schedule, milestones, and S-curve on A2 sheet size

(5) Major equipment and materials to be used in the manufacture on or off site, delivery to site, erection and/or assembly on A4 page size

(6) Health, safety, and security program for construction on A4 page size

(7) Procurement Plan for the suppliers and subcontractors on A4 page size


Contents of the Sealed Technical Proposal (First Envelope) h. Mock-Up using the checklist provided in Annex TP-8 together with the following:

(1) Pictures of the Mock-Up during construction and as constructed (from excavation up to

finishing)

(2) Detailed description of the materials used to construct the Mock-Up on A4 page size with A3 to A2 foldouts (as needed)

(3) Bill of Quantities and Detailed Estimate of the Mock-Up on A4 page size with A3 sheet foldouts as needed

(4) Date when the Bidder started and finished constructing the Mock-Up The Mock-Up shall reflect the actual technology and materials which will be used by the bidder should it be awarded a Contract Package. Once submitted, no portion of the Mock-Up may be altered by the Bidder. Any alteration of the Mock-Up after the Bid Date, without official DepEd and Independent Consultant approvals, shall result in the automatic disqualification of the Bidder.

i. Certified True Copy of a Valid Tax Clearance Certificate, pursuant to Executive Order No. 398 (series of 2005) as implemented by Revenue Regulations No. 3-2005, to be submitted by all entities listed in all sections of the Business Plan (Form QD-1A or QD-1B) of the ITPB.


Contents of the Sealed Financial Proposal (Second Envelope) a. Checklist of the contents of the Second Envelope using the format provided in Annex

FP-1

b. Bid Price. The Bid Price shall be indicated in Annex FP-2. The Bid Price is the fixed amount, expressed in Pesos, proposed by the Bidder as the sum of all Quarterly Lease Payments in nominal terms, which will constitute the Contract Price of the relevant Contract Package. The Bidder shall also indicate, in Annex FP-2, the amount of the VAT on the rental payments that the Bidder will pass on to the DepEd if the Bidder is declared as the Winning Bidder

c. Supporting Detailed Estimates – using the template provided in Annex FP-3, showing all relevant computations in support of the Bid Price.


Validity, language, and authentication

a. Each Bid shall be valid for a period of 120 days from the Bid Date.

b. The Bids, and all related correspondence and documents, shall be prepared and written in the English language. Any printed literature or document furnished by the Bidders written in another foreign language shall be accompanied by an English translation authenticated by a Philippine consular official. In case of conflict, the English translation shall prevail.

c. All documents or certifications issued or executed outside the Philippines must be duly authenticated before a Philippine consular official at a Philippine consulate in the country nearest the place of such issuance or execution.


Bid Security

shall be in the form of a Manager’s Check or an irrevocable Letter of Credit in the form provided in Annex TP-4, without modification, issued by a Philippine commercial bank or universal bank licensed by the Bangko Sentral ng Pilipinas. The amount of Bid Security for each Contract Package shall be announced by the PBAC in a supplemental Bid Bulletin.

shall be valid during the Bid Validity Period and any extension thereof. The Bid Security shall guarantee that the Bidder complies with all its obligations under the Bid Documents.

will be automatically forfeited in its entirety in favor of the DepEd upon occurrence of any of the following: a) The Bidder withdraws its Bid at any time after the Bid Date. b) Any Consortium Member withdraws from its Consortium prior to 120 days after the Bid

Date. c) The Bidder of any of its representatives alter a portion of the Mock-Up after the Bid Date d) The Bidder or any Consortium Member commits any Corrupt, Fraudulent, Coercive,

Undesirable, or Restrictive Practice or has Conflict of Interest, regardless of when this is discovered by the DepEd, and regardless of whether the Bidder or Consortium of which that Consortium Member is part has already been designated as the Winning Bidder


Bid Security

e) The Bidder is disqualified or fails to qualify due to a material misrepresentation in any statement made or document submitted as part of its Bid

f) The Winning Bidder fails to comply with the post award requirements within 30 days from PBAC’s issuance of a notice of award

g) The Winning Bidder fails to enter into the BLT Agreement within three days of being notified by the PBAC of its compliance with the post-award requirement

h) Such other events which are cause for forfeiture as described in the ITB

Note: Bidders who do not withdraw their Bids after the Bid Date, but which are disqualified or which fail to post-qualify for reasons other than Corrupt, Fraudulent, Coercive, Undesirable, or Restrictive Practice or Conflict of Interest, or material misrepresentation in any statement made or document submitted as part of their Bids, shall have their Bid Securities returned to them without interest within ten (10) days of their disqualification. Within ten (10) days after the BLT Agreement is executed by the DepEd and the Winning Bidder, the Bid Securities of all other Bidders whose Bid Securities have not been forfeited shall be returned without any interest.


Submission in sealed envelopes

There shall be one original and eight copies of all the documents.

There shall be nine sealed envelopes for each of the Technical Proposal (First Envelope) and the Financial Proposal (Second Envelope). The original documents constituting the contents of the First Envelope shall be placed in an envelope marked “First Envelope- Original.” Each of the eight copies of the original contents of the First Envelope shall be placed in a sealed envelope and serially labeled as “First Envelope-Copy 1,” “First Envelope-Copy 2” and so on. The original and copies of the contents of the Second Envelope shall be placed and sealed in envelopes which are similarly marked as the envelopes containing the original and copies of the contents of the First Envelope.

There shall be nine sealed outer envelopes. Outer Envelope marked “ORIGINAL” -- shall contain the sealed “First

Envelope-Original,” the sealed “Second Envelope-Original,” and a Compact Disc containing the electronic copies of the documents in either Microsoft Word of pdf format.

Outer Envelope marked “COPY-1” – shall contain the sealed “First Envelope-Copy 1” and the sealed “Second Envelope-Copy 2”

Outer Envelope marked “COPY-3” and so on shall follow the foregoing.


Submission in sealed envelopes

All envelopes shall: Contain the name of the Project and the Contract Package in capital letters Bear the name and address of the Bidder in capital letters Bear a warning “DO NOT OPEN BEFORE 2 PM ON 18 JULY 2012” Be sealed and signed at the flap by the Bidder’s duly authorized

representative

If Bids are not sealed and marked as required, the PBAC shall assume no responsibility for the misplacement or premature opening of the Bid.

Bids shall be submitted on or before 2:00 PM on 18 July 2012 to the Chairman of the PBAC for the PPP for School Infrastructure Package, Department of Education, at the BALS Conference Room, 4th Floor, Mabini Building, DepEd Compound, Meralco Avenue, Pasig City. The clock located at the BALS Conference Room shall be followed.

Bids submitted after 2:00 PM of 18 July 2012 shall be automatically disqualified.

The PBAC shall announce the Approved Budget for each Contract Package before the Bid Date by way of a supplemental Bid Bulletin.


Opening of the Technical Proposals

Prequalified Bidders or their duly authorized representatives may opt to be present at the opening of the Technical Proposal by the PBAC at the BALS Conference Room, 4th Floor, Mabini Building, DepEd Compound beginning 2:30 PM on 18 July 2012.

The PBAC shall announce the names of the Bidders who have submitted Bids and any such other details as the PBAC may consider appropriate.

For each Bidder for Contract Package A, the PBAC shall first open the First Envelope, announce whether or not the required documents are in the First Envelope and proceed to note down the details of the Bidder’s submission. This procedure shall be repeated for the First Envelopes of the Bids relating to Contract Package B, and thereafter, Contract Package C.

A date shall be assigned for the inspection of the Mock-Up of each Bidder. On the Mock-Up Inspection Date, the PBAC shall determine whether or not the Mock-Up complies with the MPSS. The Bidder may send a representative to witness the inspection of the Mock-Up and provide clarifications to the PBAC, if requested. All costs related to the evaluation of the Mock-Up shall be for the sole account of the relevant Bidder.


Opening of the Technical Proposals

The PBAC shall send written notices to the bidders with complying and non-complying Technical Proposals on the results of the evaluation of their respective Technical Proposals. The notices to the Bidders with non-complying Technical Proposals shall likewise indicate the reasons why such Bidder was rated as “non-complying.”

The PBAC shall reject the entire bid of the Bidder with the non-complying Technical Proposal for a particular Contract Package, and return unopened the Financial Proposal of such Bidder. Such Bidder shall no longer have any right to participate further in the bidding process for which its Technical Proposal was rated “non-complying.”

The notice to the Bidders with complying Technical Proposals for each Contract Package shall include the time, date, and venue of the opening of their respective Financial Proposals.


Opening of the Financial Proposals

Bidders with complying Technical Proposals, or their duly authorized representatives, may opt to be present at the opening of the Financial Proposals

On the Financial Proposal Opening Date, the PBAC shall, upon opening each Financial Proposal, announce whether or not the required documents are in the Second Envelope and shall proceed to note down the details of the Bidder’s submission.

The PBAC shall check if the Bid Price does not exceed the ABC. If the Bid Price exceeds the ABC, then the Financial Proposal shall be rated as “non-complying.”

The PBAC shall rank the Bid Prices of the Bidders with the complying Financial Proposals from lowest to highest. The PBAC shall declare the lowest bid price as the lowest complying bid (LCB).

The PBAC shall send written notices to the Bidders on the results of the evaluation of their respective Financial Proposals for each Contract Package for which they submitted bids.


Verification of documents of the Bidder with LCB

For each Contract Package, the PBAC shall verify the documents of the Bidder

with the LCB. The verification shall be done over a period not to exceed 15 days after the determination of the Bidder with the LCB.

For each Contract Package, if the Bidder with the LCB passes the verification, the PBAC shall consider its Bid Price as the lowest complying and post-qualified Bid (LCPB) and the PBAC shall recommend to the DepEd Secretary to declare the Bidder as the Winning Bidder to and to issue the Notice of Award to that Bidder.

If the Bidder with the LCB for any Contract Package fails the verification, the PBAC shall, after notifying the Bidder with the LCB of such failure, consider the Bidder with the Second LCB for that Contract Package and shall undertake the verification of the documents submitted by such Bidder. If that Bidder passes the verification, the PBAC shall consider it as the Bidder with the LCPB for that Contract Package, and the PBAC shall recommend to the DepEd Secretary to declare the Bidder as the Winning Bidder and to issue the Notice of Award to that Bidder.


Confidentiality

From the time the Bids are submitted on the Bid Date, information relating to the

examination, clarification, evaluation, and comparison of Bids and recommendations concerning the award of the Project shall not be disclosed to any of the Bidders or other persons not officially concerned with the Bidding Process, provided, that the DepEd and the PBAC shall not have the obligation to keep any information submitted by the Prospective Bidders and Pre-Qualified Bidders confidential after the signing of the BLT Agreement by the Winning Bidder or the lapse of 120 days after the Bid Date, whichever comes earlier.

The PBAC shall not return either the original or the copies of any Bid submitted by a responsive Bidder, other than as specified in this Section, and except for the Bidder’s Bid Security.


Notice of Award and Post-Award Requirements

The DepEd Secretary shall issue the Notice of Award to the Winning Bidder for each Contract Package. The Notice of Award shall prescribe that, within 30 days from the Winning Bidder’s receipt of the Notice of Award, it shall submit the following documents to the PBAC as post-award requirements for the execution and signing of the BLT Agreement: (1) Notice of Award with the written conformity of the Winning Bidder thereon (2) Performance Security

(3) The following requirements:

(a) If the Winning Bidder is a Consortium:

Certificate of incorporation of the Contractor, Articles of Incorporation, and ByLaws from the SEC. The shareholders of the Contractor and their respective percentage shareholdings should be the same as those shown in Annex TP-3B.

A Shareholders Agreement indicating that the Consortium Members are jointly and severally liable for the obligations of the Contractor under the BLT Agreement

Proof of commitments of the equity contribution equivalent to at least 30% of the Bid Price


Notice of Award and Post-Award Requirements

(b) If the Winning Bidder is a partnership or a corporation but chooses to establish a corporation wholly owned by it to sign the BLT Agreement with the DepEd: Certificate of incorporation of the Contractor, Articles of Incorporation, and

ByLaws from the SEC. Such documents should prove that the Contractor is wholly-owned by the Winning Bidder

Proof of paid-in equity equivalent to at least 30% of the Bid Price.

(4) Certified true copy of the Construction Contractor’s renewed/valid PCAB license for Large B Classification/License Category AAA, if the same has expired after the Qualification Documents Submission Date or in the case of a foreign Construction Contractor.

(5) Proof of reimbursement of the amount of US Dollars Six Hundred Thirty Nine Thousand Eight Hundred Forty (USD639,840.00) representing the fees for Transaction Advisory Services for the Project disbursed from the Philippine Development Monitoring Fund administered by the PPP Center

Unless extended by the DepEd Secretary for meritorious reasons, failure to submit the above-required documents within the prescribed 30-day period shall result in the DepEd’s forfeiture of the Bid Security and withdrawal of the Notice of Award. Within 7 days from receipt of the foregoing, the PBAC shall determine and notify the Winning Bidder of its compliance with all the conditions stated in the notice.


Performance Security

The Performance Security shall secure the faithful performance by the Proponent of its obligations under the BLT Agreement from the execution date of the BLT Agreement until 60 days after the latest Final Rectification Deadline as defined in the BLT Agreement (“Performance Security Validity Period”).

The Performance Security must be in the form of a letter of credit issued by a bank included in Schedule 1 of the ITB.

The Performance Security shall be in an amount equivalent to 2% of the Contract Price.

The Proponent shall ensure that the Performance Security is at all times in full force and effect during the Performance Security Validity Period.

If any amount is drawn from the Performance Security by the DepEd, the Proponent shall, on or before the date that is 10 days after the date of the drawing, deliver an additional Performance Security in an amount equivalent to the amount drawn by the DepEd, such that the amount of the Performance Security should not fall below required percentage of the Contract Price for a period longer than 10 days.


Performance Security

Without limiting the coverage of the Performance Security, the DepEd shall have the right to draw upon or forfeit the Performance Security to cover the costs of the following: (1) Liquidated Damages, in accordance with the BLT Agreement (2) Correction of defects in or damages to the Project during the Defects Liability

Period, as provided in the BLT Agreement

The DepEd shall release the Performance Security, net of the amounts drawn upon or forfeited, at the end of all the Defects Liability Periods.

The Parties acknowledge that the right of the DepEd to call upon the Performance Security shall not be exclusive of any other rights or remedies provided by applicable law or otherwise.


Execution of the BLT Agreement

Within 3 days from its receipt of notification of compliance, the Winning Bidder and the authorized official of the DepEd shall sign the BLT Agreement. Failure of the Winning Bidder to sign the BLT Agreement within this period will result in the forfeiture of the Bid Security and the withdrawal of the Notice of Award.