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COMPARATIVE TABLE
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PROVISIONS
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AMENDMENT
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RATIONALE/REMARKS
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Sect. IB 2 -
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Amend Section IB 2 - 1e
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For clarity. Government
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(1) End-user group or non-
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(2) Philippine Institute of]
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(3) Philippine Institute of Civil Engineers]
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Both representatives shall be non-
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Sect. IB 3 - INVITATION
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Modify the title into:
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To correct the title.
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TO BID, p 5
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IB 3 - INVITATION TO
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be titled "An Invitation
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a. Advertisement for at least
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The IACRCC is proposed to
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three (3) times within a
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be abolished and its
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reasonable period depending upon
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functions to be transferred
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the size and complexity but in
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to Construction Industry
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no case less than (2) weeks in
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Authority of the Philippines
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at least two (2) newspapers of
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(CIAP) through Philippine
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general circulation which have
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Contractors Accreditation
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been regularly published for at
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Board (PCAB).
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least two (2) years before the
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date of issuance of the Notices
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or announcements and at the
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same time posting copies thereof
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at any conspicuous place in
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the office/agency/corporation
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concerned if the project cost
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is more than P1,000,000.
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However, for projects costing
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P1,000,000 and below . . . the
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invitation to bid shall be advertised
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at least once within a week
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in a newspaper of local circulation . . .
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provided that based on the agency's
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short list of contractors or referral
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with the [Inter agency Committee on
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Registration and Classification of
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Contractors] PHILIPPINE
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CONTRACTORS ACCREDITATION
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BOARD there are at least four
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contractors indigenous to the region
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duly classified and registered to
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undertake such projects.
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Sect. IB 4 - ISSUANCE
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Amend Section IB 4 - 1 as
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The contents of
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OF QUALIFICATION
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follows:
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advertisement vary depending
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STATEMENTS/FORMS p. 6
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1. The Prequalification, Bid
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on the scope of the invitation.
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and Award Committee (PBAC) or
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However, a commonality
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the Prequalification Committee, as
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may be established as
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the case may be shall provide
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to the types of information
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prospective bidders with the
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to be reflected in the
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Notice of Prequalification TO
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advertisement to enable contractors
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CONTAIN, AMONG OTHERS,
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to assess their
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THE FOLLOWING
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capabilities and timetables
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INFORMATION to guide them in
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even by just reading the
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evaluating their capabilities
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advertisement.
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and decide whether or not to
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participate in the bidding of a
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specific project:
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A. NAME AND LOCATION OF
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B. PROJECT BACKGROUND
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C. ESTIMATED PROJECT COST
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D. REQUIRED PCAB REGISTRATION
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E. COST AND PLACE OF
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F. DATE, TIME AND PLACE OF:
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Amend Section IB 4-2 as follows:
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To plug a loophole in the
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IRR. In practice, agencies
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2. The following qualification
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also require the contractor's
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statements shall be required of interested
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license issued by
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contractors:
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PCAB in view of the differing
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validity periods of
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a. PCAB CONTRACTOR'S LICENSE
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PCAB license (1 year) and
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b. Pre-C Contractor's Confidential
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license and its
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Prequalification Statement for the
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corresponding classification
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Project.
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since the IAC is proposed
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to be abolished and its
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functions, physical
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resources and manpower
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will be transferred to CIAP
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through PCAB.
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Include new section as IB 4-3
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For clarity foreign contractor/
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as follows:
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joint ventures/consortia
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of Filipino contractor/
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"FOR FOREIGN CONTRACTORS/
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partners are also supposed
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JOINT VENTURES/CONSORTIA OF
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to secure a special contractor's
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FILIPINO CONTRACTORS/PARTNERS.
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license from
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A SPECIAL PCAB CONTRACTOR'S
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PCAB before they may be
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LICENSE SHALL BE REQUIRED
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allowed to bid in any government
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FOR PURPOSES OF
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project
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PREQUALIFICATION."
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Amend Section IB 4 - 3 as follows
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For consistency with the
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and renumber as IB 4-4:
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above proposed amendment.
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"Pre-C shall be required by the
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contracting government agency . . .
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It shall be submitted not later than
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the deadline set in the published
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Invitation to PREQUALIFY AND
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to Bid, . . ."
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Amend Section IB 4 - 4 as follows
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and renumber as IB 4 - 5:
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"The following papers shall, among
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To provide a listing of
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others, comprise Pre-C:
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Pre-C, information or
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statements vis-a-vis criteria
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CREDIT LINE ISSUED BY AN
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necessary for prequalification
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AUTHORIZED BANK IN AN
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of contractors.
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AVERAGE OPERATING EXPENSES
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OF THE PROJECT FOR TWO
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(2) MONTHS OR TEN PERCENT
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(10%) OF THE TOTAL PROJECT
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COST, WHICHEVER IS LESS
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b. [An] PROPOSED organization chart
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Modified to reflect only
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FOR THE PROJECT [and a
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the required document/
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complete qualification and
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statement.
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experience data sheet of key
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personnel].
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c. LIST OF KEY PERSONNEL
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d. Statement of ALL RELEVANT
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Information of the financial
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completed construction projects
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institutions from whom
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in the 1st three years, government
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guarantees were secured
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and private. The statement shall
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need not be required as part
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include the nature and value of
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of firm experience/track
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the project, original and actual
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record. Instead, the
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project schedule, the location of
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statement of completed projects
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the project, AND the name and
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may be supported by
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address of the owner. [the
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certificates of acceptance from
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financial institutions from whom
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project owners.
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guarantees, credit lines, loans
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and other financial accommodations
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were secured for such
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projects, and the aggregate
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outstanding from each institution
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in each year.] IT SHALL BE
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SUPPORTED BY CERTIFICATES
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OF COMPLETION AND/OR
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OWNERS' ACCEPTANCE.
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e. Detailed statement showing a
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To serve as support
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list of all ongoing construction
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documents and to validate the
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projects government and private,
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submitted statements on the
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as well as awarded and/or
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list of all on-going construction
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approved contracts not yet
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projects of the contractor.
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started. This statement shall
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include the NATURE AND value
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of the project, percentage of
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time elapsed, percentage of
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physical accomplishment, [and]
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scheduled date of completion,
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THE LOCATION OF THE PROJECT
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AND THE NAME AND ADDRESS
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OF THE OWNER. IT SHALL
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BE SUPPORTED BY
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CERTIFICATES OF COMPLETION
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AND/OR OWNER'S ACCEPTANCE,
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NOTICES OF AWARD, AND/OR
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NOTICES TO PROCEED ISSUED
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BY THE OWNER.
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f. List of [owned] RELEVANT
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To serve as support
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equipment OWNED and those
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documents and to validate
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pledged exclusively for the
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the submitted list of
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project SUPPORTED BY
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equipment owned, to be leased
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CERTIFICATE OF OWNERSHIP/
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or purchased by the contractor.
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REGISTRATION WITH THE LAND
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TRANSPORTATION OFFICE.
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g. LIST OF RELEVANT EQUIPMENT
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CONTRACTED TO BE
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LEASED OR PURCHASED AND
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THOSE PLEDGED TO BE USED
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EXCLUSIVELY FOR THE PROJECT
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SUPPORTED BY CERTIFIED
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COPIES OF CONTRACT/S OR
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LEASE AND/OR AFFIDAVIT OF
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PLEDGE/S AND PRO-FORMA
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INVOICE, IF TO BE PURCHASED.
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Include new section as IB 4 - 6 as
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The standardized Pre-C
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follows:
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application form is
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recommended to help
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"EACH OFFICE/AGENCY/
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minimize pre-disqualification
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CORPORATION SHALL USE
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decisions based on
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THE STANDARD PRE-C
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incomplete documentation
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APPLICATION FORM TO
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and to avoid confusion in
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CONTAIN THE
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the filling-up of Pre-C
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AFOREMENTIONED REQUIREMENTS.
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forms by multi-agency
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contractors.
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Transfer Section IB 4-4c and
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renumber of Section IB 6-6 and
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amend as follow:
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"[Actual employment or contract
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To serve as guide in the
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to employ] THE PROPOSED BY
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evaluation of technical
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PERSONNEL (duly qualified project
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personnel.
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manager and project engineer.)
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[who] MUST have managed or
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supervised at least a project of
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similar nature as to type and cost
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(escalated)."
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Renumber Section IB 6-5 to IB 6-7
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and Section IB 6-6 to IB 6-5
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Section IB 5 -
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CLASSIFICATION
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Amend Section IB 5 - 1 as follows:
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AND REGISTRATION
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THE [An], inter-agency committee
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The activities of the IAC
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OF CONTRACTOR
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composed of representatives from
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generally overlap with that
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the Department of Public Works
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of the PCAB. The proposal
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and Highways, the Department of
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to abolish the IAC and
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Transportation and Communications,
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transfer its functions to CIAP
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the Office of the President in the
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through PCAB is for
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absence of the Department of Energy
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purposes of efficiency and
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and the Construction Industry
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economy. It may be recalled
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Authority of the Philippines
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that the IAC was created to
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WHICH CLASSIFIED AND
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provide for a uniform
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REGISTERED, OR
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guidelines for the classification
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PREDISQUALIFIED CONTRACTORS
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of contractors and once this
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BASED ON THEIR submitted
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is achieved, it was the intention
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ARC-C AND CLASSIFICATION
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to abolish such IAC. To
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FUNCTIONS, RESOURCES AND
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date, such uniformity is
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MANPOWER WILL BE
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deemed achieved.
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TRANSFERRED TO CIAP THROUGH
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PCAB. THE INTER-AGENCY
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COMMITTEE SHALL STILL EXIST
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FOR THREE MONTHS FROM THE
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DATE OF APPROVAL OF THE
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PROPOSED AMENDMENTS BY THE
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OFFICE OF THE PRESIDENT TO
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EFFECT THE SMOOTH TRANSFER
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OF THE SYSTEM.
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Delete Section IB 5 - 2 to IB 5 - 11.
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Section IB 6 - PRE-
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Amend Section IB 6 - 3
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QUALIFICATION OF
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as follows:
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CONTRACTORS FOR
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SPECIFIC CONTRACTS, p.a.
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"In the evaluation of the
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For greater clarity.
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Pre-C statement, the PBAC
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shall review, among other things,
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the technical capability of contractor
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to carry out the subject contract
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as gauged by the extent and quality
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of his relevant experience and
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performance and track record,
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the suitability of his available
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RELEVANT construction equipment,
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and the adequacy of his proposed . . ."
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Amend Section IB 6 - 4 as follows:
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"To determine the financial capacity
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This is to clarify when the
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of the contractor, the PBAC shall
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cash deposit can be
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require the contractor to submit a
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withdrawn. Some contractors
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statement from a bank . . . [In the
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claim that some government
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case of a] Cash deposit certificate
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agencies unduly deny
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SHALL BE RELEASED ONLY
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requests for withdrawal of
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WHEN THE COST OF THE
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said cash deposit even if the
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REMAINING WORK IS 10% OF
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project is already
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THE TOTAL PROJECT COST OR
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substantially complete.
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WHEN THE CONTRACT TIME
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REMAINING IS LESS THAN
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TWO MONTHS BEFORE
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COMPLETION AS CERTIFIED BY
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THE IMPLEMENTING AGENCY
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THROUGH THE ISSUANCE OF A
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STATEMENT OF WORK
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ACCOMPLISHED [submitted by the bidder . . .]"
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Section IB 10.2 - SUB-
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Section IB 10.2 - 4 as follows:
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MISSION, OPENING
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AND ABSTRACTING OF
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BIDS/TENDERS p. 13
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"Bids shall be received on or before
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The present provision opens
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the designated time and date to be
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the possibility of collusion
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eligible for consideration. Bids may
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among the participating
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be withdrawn only in writing 5
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bidders as bidders can
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WORKING DAYS FROM THE
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withdraw their bids at the
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DEADLINE OF SUBMISSION OF
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last minute.
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BIDS [before the time set for the
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opening of bids]".
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Section 10.4.1 - BY BID
|
Amend Section 10.4.1 - 1 to
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For clarity. If all bids
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CONTRACT
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include the following:
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received are higher than the
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AAE/AGE, this is an
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"NO NEGOTIATION WILL BE
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outright failure.
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ALLOWED TO BRING DOWN THE
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BID TO THE LEVEL OF THE AAE/
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AGE.
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Section IB 10.4.2 - BY
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Modify the title as follows:
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NEGOTIATED
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CONTRACT p. 17
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IB 10.4.2 - By Negotiated Contract
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OR SIMPLIFIED PUBLIC
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BIDDING
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Amend Section IB 10.4.2-1a
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a. In times of emergencies
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arising from natural calamities
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where immediate action is
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necessary to prevent imminent
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loss of life and/or property
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OR TO RESTORE VITAL
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PUBLIC SERVICES,
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INFRASTRUCTURE AND UTILITIES
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SUCH AS COLLAPSED BRIDGES,
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CUT ROAD SECTIONS, BREACHED
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DIKES, UNROOFED BUILDINGS
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AND OTHER SEVERELY DAMAGED
|
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VITAL FACILITIES.
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Amend Section 10.4.2 - 1b as
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This is to reconcile Section
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follows:
|
IB 10.4.1 - g and this section
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to indicate that there
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b. Failure to award the contract
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should be 2 bidding failures
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after TWO (2) public biddings
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before negotiated contract
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for valid cause or causes.
|
may be entered into.
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|
Amend Section IB 10.4.2 - Ic as
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follows:
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"Where the subject project is
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The constructor should not
|
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adjacent or contiguous to an
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be eligible for negotiated
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ongoing project and it could be
|
contract for a project
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economically prosecuted by the
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adjacent/contiguously
|
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same contractor PROVIDED THAT
|
located if the contract cost
|
|
|
SUBJECT PROJECT HAS SIMILAR
|
exceeds the ceiling of the
|
|
|
OR RELATED SCOPE OF WORKS
|
constructor's class. The
|
|
|
AND IS WITHIN THE
|
constructor may not have
|
|
|
CONTRACTING CAPACITY OF THE
|
the financial and technical
|
|
|
CONTRACTOR, in which case, direct
|
capability if contract/project
|
|
|
negotiation may be undertaken . . ."
|
is beyond its class.
|
|
|
|
|
|
|
Add the following as Section IB
|
|
|
|
10.4.2-5:
|
|
|
|
"SIMPLIFIED PUBLIC BIDDING MAY
|
This is to allow negotiated
|
|
|
BE ADOPTED FOR MAJOR
|
bidding in times of
|
|
|
NATIONAL PROJECTS WHICH
|
emergencies when
|
|
|
ARE DEFINED HERE AS PROJECTS
|
immediate action is necessary
|
|
|
WITHIN THE APPROVED CORE
|
to restore damaged vital
|
|
|
PUBLIC INVESTMENT PROGRAM
|
public infrastructure,
|
|
|
(CPIP) OR FLAGSHIP PROJECTS
|
utilities, etc.
|
|
|
APPROVED BY THE PRESIDENT.
|
|
|
|
THE FOLLOWING GUIDELINES SHALL
|
|
|
|
BE FOLLOWED:
|
Simplified bidding is also
|
|
|
|
proposed to be adopted in
|
|
|
a. PARTICIPATION IN SIMPLIFIED
|
the implementation of
|
|
|
PUBLIC BIDDING FOR A PROJECT
|
major national priority projects
|
|
|
SHALL BE LIMITED TO
|
which cannot be
|
|
|
BONAFIDE CONTRACTORS DULY
|
delayed without detriment
|
|
|
ACCREDITED AND CLASSIFIED
|
to the public interest and
|
|
|
FOR THE PROJECT CATEGORY
|
whose deadlines are prescribed
|
|
|
AND SIZE AND WHO ARE
|
by Presidential
|
|
|
INCLUDED IN A SEPARATE
|
directives.
|
|
|
MASTER LIST TO BE PREPARED
|
|
|
|
BY THE PHILIPPINE
|
|
|
|
CONTRACTORS ACCREDITATION
|
|
|
|
BOARD (PCAB) PURSUANT TO
|
|
|
|
THE UNIFORM GUIDELINES
|
|
|
|
PROMULGATED BY THE PCAB. THE
|
|
|
|
GUIDELINES SHALL PUT EMPHASIS
|
|
|
|
ON STRICT REQUIREMENTS OF
|
|
|
|
GOOD TRACK RECORD PERFORMANCE
|
|
|
|
AND/OR CAPABILITY
|
|
|
|
REQUIREMENTS, AMONG OTHERS.
|
|
|
|
|
|
|
|
b. THE PCAB SHALL UPDATE THE
|
|
|
|
MASTER LIST QUARTERLY AND
|
|
|
|
SHALL DISSEMINATE THE
|
|
|
|
SAME TO CONCERNED
|
|
|
|
AGENCIES. THE MASTER
|
|
|
|
LIST SHALL INCLUDE THE
|
|
|
|
DELETION OF CONTRACTORS
|
|
|
|
WITH UNJUSTIFIED NEGATIVE
|
|
|
|
SLIPPAGES OR POOR PERFORMANCE
|
|
|
|
RECORD IN ANY GOVERNMENT
|
|
|
|
PROJECT.
|
|
|
|
|
|
|
|
c. FOR SPECIFIC PROJECT TO BE
|
|
|
|
BID OUT, THE PBAC OF THE
|
|
|
|
DEPARTMENT CONCERNED SHALL
|
|
|
|
INVITE ALL CONTRACTORS
|
|
|
|
INCLUDED IN THE MASTER LIST
|
|
|
|
WHICH ARE ACCREDITED AND
|
|
|
|
CLASSIFIED BY THE PCAB FOR
|
|
|
|
THE RELEVANT PROJECT CATEGORY
|
|
|
|
AND SIZE TO SUBMIT
|
|
|
|
TO THE PBAC NOT LATER THAN
|
|
|
|
A SPECIFIED DATE AND TIME
|
|
|
|
THE FOLLOWING: (A) THEIR
|
|
|
|
PREQUALIFICATION STATEMENTS,
|
|
|
|
AND (B) THEIR PRICE PROPOSALS
|
|
|
|
FOR THE SUBJECT
|
|
|
|
PROJECT. THE INVITATION
|
|
|
|
SHALL ALSO INDICATE THE
|
|
|
|
PROJECT DESCRIPTION, MAXIMUM
|
|
|
|
CONTRACT DURATION,
|
|
|
|
AND DESIRABLE STARTING DATE,
|
|
|
|
AMONG OTHERS.
|
|
|
|
|
|
|
|
d. ALL SUCH ACCREDITED AND
|
|
|
|
CLASSIFIED CONTRACTORS THAT
|
|
|
|
ARE INTERESTED IN BIDDING
|
|
|
|
FOR THE PROJECT SHALL
|
|
|
|
SECURE FROM THE PBAC,
|
|
|
|
UPON PAYMENT OF A
|
|
|
|
NON-REFUNDABLE FEE, COPIES OF
|
|
|
|
THE BID DOCUMENTS,
|
|
|
|
INCLUDING PLANS, SPECIFICATIONS,
|
|
|
|
DRAFT CONTRACT
|
|
|
|
WITH TERMS AND CONDITIONS,
|
|
|
|
INSTRUCTIONS TO
|
|
|
|
BIDDERS, AND PROPOSAL
|
|
|
|
BOOK WITH BILL OF QUANTITIES,
|
|
|
|
AMONG OTHERS.
|
|
|
|
|
|
|
|
e. SAID CONTRACTORS SHALL
|
|
|
|
SUBMIT TO THE PBAC, AT THE
|
|
|
|
DESIGNATED TIME AND DATE,
|
|
|
|
IN TWO SEPARATE SEALED
|
|
|
|
ENVELOPES: (A) THEIR
|
|
|
|
ACCOMPLISHED PREQUALIFICATION
|
|
|
|
STATEMENTS, AND
|
|
|
|
(B) THEIR PRICE PROPOSALS
|
|
|
|
FOR THE SUBJECT PROJECT
|
|
|
|
USING THE BID FORMS IN THE
|
|
|
|
PROPOSAL BOOK.
|
|
|
|
|
|
|
|
f. THE PBAC SHALL, IN
|
|
|
|
THE PRESENCE OF THE
|
|
|
|
CONTRACTORS AND REPRESENTATIVES
|
|
|
|
OF COA, DEPOSIT ALL
|
|
|
|
THE SEALED ENVELOPES
|
|
|
|
CONTAINING THE PRICE
|
|
|
|
PROPOSALS IN A DESIGNATED
|
|
|
|
SECURED CONTAINER (E.G.,
|
|
|
|
STEEL CABINET) AND SHALL
|
|
|
|
LOCK THIS USING TWO PADLOCKS,
|
|
|
|
ONE OF WHOSE KEYS
|
|
|
|
SHALL BE KEPT BY THE PBAC
|
|
|
|
CHAIRMAN AND THE OTHER
|
|
|
|
BY THE REPRESENTATIVE OF
|
|
|
|
THE COA IN THE PBAC.
|
|
|
|
|
|
|
|
g. THE PBAC SHALL WITHIN
|
|
|
|
ONE WEEK FROM THE SUBMISSION
|
|
|
|
OF SEALED ENVELOPES
|
|
|
|
THEN EVALUATE THE
|
|
|
|
PRE-QUALIFICATION STATEMENT
|
|
|
|
OF EACH OF THE BIDDERS.
|
|
|
|
|
|
|
|
h. WITHIN THE SAME PERIOD,
|
|
|
|
THE PBAC SHALL NOTIFY THE
|
|
|
|
PREQUALIFIED AS WELL AS
|
|
|
|
THE PREDISQUALIFIED
|
|
|
|
CONTRACTORS OF THE RESULTS
|
|
|
|
OF THE EVALUATION OF
|
|
|
|
THE PREQUALIFICATION
|
|
|
|
STATEMENTS. IN CASE OF A
|
|
|
|
PRE-DISQUALIFICATION, THE REASON
|
|
|
|
FOR SAME SHALL BE INDICATED.
|
|
|
|
|
|
|
|
i. THE PBAC SHALL ALLOW
|
|
|
|
ONE (1) WEEK AFTER THE
|
|
|
|
NOTICE MENTIONED IN PARAGRAPH
|
|
|
|
2.8 ABOVE HAVE BEEN
|
|
|
|
TRANSMITTED WITHIN WHICH
|
|
|
|
TO EVALUATE REQUESTS FOR
|
|
|
|
RECONSIDERATION, IF ANY,
|
|
|
|
FROM PREDISQUALIFIED
|
|
|
|
CONTRACTORS, AND SHALL NOTIFY
|
|
|
|
THEM ACCORDINGLY OF THE
|
|
|
|
RESULTS OF SUCH RE-EVALUATION
|
|
|
|
WITHIN THE SAME PERIOD.
|
|
|
|
|
|
|
|
j. THE PBAC SHALL INFORM
|
|
|
|
ALL PREQUALIFIED CONTRACTORS
|
|
|
|
OF THE DATE AND TIME OF THE
|
|
|
|
OPENING OF BIDS AND INSTRUCT
|
|
|
|
THEM TO SUBMIT THEIR RESPECTIVE
|
|
|
|
BID SECURITIES BEFORE SUCH DATE
|
|
|
|
IN AN AMOUNT PRESCRIBED UNDER
|
|
|
|
CLAUSE IB 10.1 HEREIN.
|
|
|
|
|
|
|
|
k. THE FAILURE OR REFUSAL OF
|
|
|
|
THE CONTRACTOR TO SUBMIT
|
|
|
|
SAID BID SECURITY SHALL
|
|
|
|
AUTOMATICALLY CAUSE THE
|
|
|
|
DELETION OF THE CONTRACTOR
|
|
|
|
FROM THE MASTER LIST.
|
|
|
|
|
|
|
|
l. AT THE DESIGNATED DATE AND
|
|
|
|
TIME, THE PBAC SHALL RECEIVE
|
|
|
|
THE BID SECURITIES OF THE
|
|
|
|
BIDDERS. THEREAFTER, THE PBAC
|
|
|
|
SHALL, IN THE PRESENCE OF
|
|
|
|
REPRESENTATIVES OF THE
|
|
|
|
COA, PUBLICLY OPEN THE
|
|
|
|
CONTAINER WHERE THE
|
|
|
|
SEALED ENVELOPES CONTAINING
|
|
|
|
THE PRICE PROPOSALS WHERE
|
|
|
|
DEPOSITED. ALL BIDDERS
|
|
|
|
SHALL BE INVITED TO HAVE
|
|
|
|
THEIR RESPECTIVE DULY
|
|
|
|
AUTHORIZED REPRESENTATIVES
|
|
|
|
PRESENT TO WITNESS
|
|
|
|
THE OPENING OF THE
|
|
|
|
PRICE PROPOSALS.
|
|
|
|
|
|
|
|
m. THE PBAC SHALL RETURN
|
|
|
|
TO THE PREDISQUALIFIED
|
|
|
|
CONTRACTORS THEIR
|
|
|
|
RESPECTIVE SEALED ENVELOPES
|
|
|
|
CONTAINING THEIR PRICE
|
|
|
|
PROPOSALS.
|
|
|
|
|
|
|
|
n. THE PBAC SHALL OPEN THE
|
|
|
|
SEALED ENVELOPE OF EACH
|
|
|
|
OF THE BIDDERS, EXAMINE
|
|
|
|
ITS CONTENTS AND
|
|
|
|
DETERMINED IF THE
|
|
|
|
CORRESPONDING BID SECURITY IS
|
|
|
|
ADEQUATE IN AMOUNT AND
|
|
|
|
IN THE PROPER FORM. THE
|
|
|
|
PBAC SHALL THEN OPEN,
|
|
|
|
READ AND RECORD THE
|
|
|
|
APPROVED AGENCY ESTIMATE.
|
|
|
|
IT SHALL THEREAFTER READ
|
|
|
|
AND RECORD THE PRICE
|
|
|
|
PROPOSALS OF EACH BIDDER.
|
|
|
|
|
|
|
|
o. THE PBAC SHALL HAVE TWO
|
|
|
|
(2) WEEKS FROM OPENING
|
|
|
|
OF THE SEALED ENVELOPES
|
|
|
|
CONTAINING THE FINANCIAL
|
|
|
|
PROPOSALS WITHIN WHICH
|
|
|
|
TO EVALUATE THE BIDS
|
|
|
|
IN DETAIL, PREPARE THE
|
|
|
|
RESOLUTION OF AWARD AND
|
|
|
|
SUBMIT THE SAME TO THE
|
|
|
|
APPROVING AUTHORITY.
|
|
|
|
|
|
|
Section IB 10.5 -
|
Amend Section IB 10.5-1 as follows:
|
|
|
ADMINISTRATIVE
|
|
|
|
SANCTIONS, p. 18
|
|
|
|
|
1. The following administrative
|
Item C below includes the
|
|
|
sanctions shall be imposed for
|
"award" process.
|
|
|
offenses/violations [of] COMMITTED
|
|
|
|
BY contractors [in] DURING the
|
|
|
|
prequalification [and], bidding
|
|
|
|
AND AWARD:
|
|
|
|
|
|
|
|
a. Suspension of one (1) year for
|
Various offenses or violations
|
|
|
first offense, disqualification for
|
may be committed by
|
|
|
two (2) years for the second
|
the contractors.
|
|
|
offense and perpetual disqualification
|
|
|
|
for succeeding offenses[s]
|
|
|
|
ON ANY OF THE FOLLOWS:
|
|
|
|
|
|
|
|
(1) Misrepresentation [of any
|
To give specifics or examples
|
|
|
information] on concealment
|
on the term "misrepresentation
|
|
|
of ANY[s] material fact OR
|
or concealment of
|
|
|
INFORMATION in the sworn
|
material fact".
|
|
|
prequalification statements and/or
|
|
|
|
bids, INCLUDING BUT NOT
|
|
|
|
LIMITED TO:
|
|
|
|
|
|
|
|
1.1 FALSIFICATION OF PUBLIC
|
|
|
|
DOCUMENTS;
|
|
|
|
1.2 SUBMISSION OF BORROWED
|
|
|
|
LICENSE (LICENSE LENDING)
|
|
|
|
|
|
|
|
(2) Submission of bids and/or detailed
|
|
|
|
estimates that are identical to each
|
|
|
|
other or to the Approved Agency
|
|
|
|
Estimates (AAE) WHICH
|
|
|
|
MANIFESTLY INDICATE RIGGING
|
|
|
|
OR COLLUSION.
|
|
|
|
|
|
|
|
(3) Other acts of the contractors
|
|
|
|
which directly or indirectly tend
|
|
|
|
to defeat the purpose of public
|
|
|
|
bidding.
|
|
|
|
|
|
|
|
b. SUSPENSION FOR SIX (6)
|
With reference to DPWH
|
|
|
MONTHS FOR FIRST OFFENSE.
|
D.O. #2 s. 1989 dated 04
|
|
|
DISQUALIFICATION FOR ONE
|
January 1989 and D.O. #87
|
|
|
(1) YEAR FOR SECOND OFFENSE,
|
s. 1988 dated 05 October
|
|
|
DISQUALIFICATION FOR TWO
|
1988, non-submission of
|
|
|
(2) YEAR FOR THIRD OFFENSE
|
bids by prequalified
|
|
|
AND PERPETUAL
|
contractors often result in
|
|
|
DISQUALIFICATION FOR
|
the failure of biddings.
|
|
|
SUCCEEDING OFFENSE:
|
This practice need to be
|
|
|
|
curtailed as it negates the
|
|
|
(1) NON SUBMISSION OF
|
objective of public bidding.
|
|
|
BIDS BY PREQUALIFIED
|
|
|
|
CONTRACTORS.
|
|
|
|
c. Forfeiture of bid security for first
|
|
|
|
offense, and suspension of one
|
|
|
|
(1) year for second offense, and
|
|
|
|
perpetual disqualification for
|
|
|
|
succeeding offense [for refusal or
|
|
|
|
failure of the proposed awardee to
|
|
|
|
enter into contract, or failure to
|
|
|
|
pose the required performance
|
|
|
|
security, within the prescribed time]
|
|
|
|
ON ANY OF THE FOLLOWING:
|
|
|
|
|
|
|
|
(1) UNJUSTIFIED FAILURE OR
|
To cite specific cases of
|
|
|
UNREASONABLE REFUSAL
|
refusal or failure of proposed
|
|
|
OF THE WINNING BIDDER
|
awardee to enter
|
|
|
TO ACCEPT OR SIGNIFY
|
into contract.
|
|
|
CONFORME TO THE NOTICE
|
|
|
|
OF AWARD (NOA).
|
|
|
|
|
|
|
|
(2) NON-SUBMISSION BY THE
|
|
|
|
PROPOSED AWARDEE WITHIN
|
|
|
|
THE PRESCRIBED TIME OF
|
|
|
|
THE PERFORMANCE SECURITY
|
|
|
|
AND OTHER REQUIREMENTS
|
|
|
|
NECESSARY FOR CONTRACT
|
|
|
|
PREPARATION, I.E., CONTRACTOR
|
|
|
|
IS ALL RISK (CAR)
|
|
|
|
INSURANCE, AFFIDAVIT OF NO
|
|
|
|
PENDING CASE FOR
|
|
|
|
NON-PAYMENT OF TAX CONSTRUCTION
|
|
|
|
SCHEDULE, CASH
|
|
|
|
FLOW AND OTHER REQUIREMENTS
|
|
|
|
NECESSARY FOR THE
|
|
|
|
FORMALIZATION OF THE
|
|
|
|
CONTRACT.
|
|
|
|
(3) UNJUSTIFIED REFUSAL OR
|
|
|
|
FAILURE OF THE PROPOSED
|
|
|
|
AWARDEE TO ENTER OR
|
|
|
|
SIGN THE PREPARED CONTRACT
|
|
|
|
WITHIN THE AGENCY PRESCRIBED
|
|
|
|
TIME.
|
|