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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR

from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------Department of Public Works & Highways A. Bonifacio Drive, Port Area, Manila BID BULLETIN NO. 1 Subject: Minutes of the Pre-Bid Conference & Amendment of Bidding Documents As a result of the Pre-Bid Conference held last 10 April 2007, 10:30 AM at 5th Floor, Procurement Office for Civil Works (POCW) Function Room, this Bid Bulletin No. 1 is issued to modify or amend the Bidding Documents for the above stated Contract. This shall form an integral part of the said Bidding Documents A. 1.0 MINUTES OF THE PRE-BID CONFERENCE Attendance of DPWH personnel and representatives from different construction firm who are eligible to join the bidding was checked first and checklists for envelope 1 and 2 were distributed among the different representatives. Then the conference was started by Engr. Isidro L. Pestao of the Procurement Office for Civil Works (POCW). The following were the DPWH Officials in attendance: Name 1.Victor C. Rojas 2. Jonathan L. Araullo 3. Adeluisa G. De Jesus 4. Nelson B. Villar 5. Isidro L. Pestao 2.0 3.0 Designation Project Director Engineer V Administrative Officer V Engineer IV Engineer III Office DPWH TEAM-PMO DPWH TEAM-PMO DPWH TEAM-PMO DPWH TEAM-PMO POCW

Department of Public Works and Highways (DPWH)

The Approved Budget for the Contract (ABC) is Php 131,448,234.19, as advertised. All financial proposals exceeding this ABC shall be rejected. A checklist of requirements for the two envelopes was discussed in full details by Engr. Pestao. 3.1 The first envelope shall contain the following duly signed information/documents. a) Bid Security shall be in the following forms, amount and validity period: I. Cash, certified check, cashiers check, managers check bank draft or irrevocable letter of credit in the amount equivalent to Php 1,314,482.34 (1% of ABC). Bank Guarantee in the amount equivalent to Php 1,971,723.51 (1.5% of ABC). The validity of these securities is at least 120 calendar days from the date of opening of bids or until 23 August 2007. The Bidder may or may not indicate the actual date in the Bid Security so as to

II. III.

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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------allow flexibility in case bid opening date is adjusted for some reasons. The amount of bid security may be higher but not lower than the amount indicated above. IV. Insufficiency of Bid Security amount, the bid shall be rejected outright.

Department of Public Works and Highways (DPWH)

b) Authority of the signing official. b.1 SPA or certified authorization under oath for single proprietorship b.2 Board Resolution, for corporation. b.3 Certified authorization by all partners, for partnership. b.4 Certified authorization or resolution from each member, for joint venture. c) Duly Signed Construction Schedule and S-Curve.

d) Duly Signed Manpower Schedule (Monthly). e) f) Duly Signed Construction Methods in narrative form. Duly Signed Project Organizational Chart for the contract to bid.

g) Duly Signed List of Contractors Personnel, (PM, PE, MQCE, EE/ECE & FOREMAN) to be assigned for the contract to bid, with complete qualification and experience data. The Materials Engineer should be accredited by DPWH as Materials Engineer II. The minimum work experience requirement for the key personnel is specified under Part II Section II - Bid Data Sheet of the Bidding Documents Clause 10.1a (7). h) Duly Signed List of Contractors Equipment Unit (owned, leased or under purchased agreement), supported by certification of availability of equipment from lessor/vendor for the duration of the project. i) j) Duly Signed Equipment Utilization Schedule (Monthly). Affidavit/Certificate of Site Inspection.

k) Commitment from the contractors bank to extend to him a credit line if awarded the contract to be bid, or a cash deposit equivalent to 10% of the ABC to be used exclusively for the project. Without the term to be used exclusively for the project shall be a ground for bid rejection. The prospective bidder may inquire/verify with POCW on the standard form for this requirement. The amount of credit line or cash deposit is Php 13,144,823.42 l) Duly Signed Construction Safety and Health Program of the Contractor.

m) Duly notarized Contractors certificate of its compliance with existing labor laws and standard.

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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------n) A sworn statement attesting compliance to the responsibilities of a Prospective Bidder as provided in Section 17.7 of the IRR-A. o) A sworn affidavit of compliance with the Disclosure Provision under Section 47 of the Act in relation to other provision of R.A. 3019. p) Duly Signed Compliance to D.O. No. 176 series of 1993 (Authority of Bidders Representative). q) Original Brochures of the Traffic Controller and Traffic Signal Lanterns to be supplied under this contract. The brochure must clearly identify the model numbers, the manufacturer and the country of origin of the equipment. r) s) t) Supply and After-Sales Support Agreement (Form TEAM 2) Statement of Technical Compliance (Form TEAM 3) Affidavit of Traffic Signal Equipment Installed (Form TEAM 4)

Department of Public Works and Highways (DPWH)

u) Class A Documents for nominated subcontractor, if any. v) Substitute eligibility requirements of the foreign traffic signal equipment supplier/manufacturer, duly acknowledged or authenticated by the territorial Philippine Consulate in the country of the foreign supplier/manufacturer. 3.2 The second envelope shall contain the following information/documents: 1. Bid Prices in the Bill of Quantities in the Prescribed Bid Form.. 2. Detailed Estimates including a Summary Sheet indicating the unit price of construction materials, labor rates and equipment rentals used in coming up with the bid. Monthly Cash Flow and Payment Schedule.

3.

4.0 5.0

Any missing and/or incomplete document in the above-mentioned checklist is ground for outright rejection of the bid. For the information of all bidders, Dir. Rojas read the amendments to the Bid Data Sheet as follows: Bid Data Sheet
10.1.a The following shall be included as additional documents comprising the Technical Proposal: 1) Original Brochures of the Traffic Controller and Traffic Signal Lanterns to be supplied under this Contract. The brochure must clearly identify the model numbers, the manufacturer and the country of origin of the equipment. 2) Supply and After-Sales Support Agreement (Form TEAM 2), and (a) If agreement is between qualified civil works contractor and local traffic signal equipment supplier, must also submit; certified copy of distributorship agreement between local traffic signal equipment supplier

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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------and foreign traffic signal equipment supplier/manufacturer (b) If agreement is between qualified civil works contractor and foreign traffic signal equipment supplier/manufacturer, the agreement must be duly authenticated by the territorial Philippine Consulate or duly notarized in the Philippines if the agreement was signed by both parties here in the Philippines, 3) Statement of Technical Compliance (Form TEAM-3). The statement shall clearly state whether the bid offered does or does not comply with the individual provisions of Section D.1, D.3 and D.4 of Volume 2 Technical Specifications of the Bidding Documents. 4) Affidavit of Traffic Signal Equipment Installed (Form TEAM-4). The Affidavit shall state the references of the prospective Bidder, its nominated subcontractor, and the foreign supplier/manufacturer, for the last ten (10) years, within and/or outside the Philippines. The Affidavit shall clearly indicate the location where the traffic signal facilities are installed, the brand and model of equipment used, and the current operational status of the traffic signal equipment. 5) If the prospective Bidder has a nominated subcontractor, all Class A Documents of the nominated subcontractor as required under Section 23.6 of the IRR-A of R.A. 9184, and as enumerated under Section 3.1, 3.2 and 3.3 of Part I Section II: Eligibility Requirements of the Bidding Documents. 6) For the foreign traffic signal equipment supplier/manufacturer, the substituted eligibility requirements as required under Section 23.7 of IRR-A of R.A. 9184 for items (a), (b), (c), (d), (e) and (i) under Class A documents issued by the country of the foreign traffic signal supplier/manufacturer, duly acknowledged or authenticated by the Territorial Philippine Consulate therein. 7) A sworn affidavit of compliance with the Disclosure Provision under Section 47 of the Act in relation to other provision of R.A. 3019. 8) Duly Signed Compliance to D.O. No. 176 series of 1993 (Authority of Bidders Representative)

Department of Public Works and Highways (DPWH)

13.1 14.2 and 14.4 25

Bids shall be valid for 120 days from the date of bid opening or until August 23, 2007. The Bid Securit-y shall be valid for 120 days from the date of bid opening or until August 23, 2007 For the supply and after sales support capability of the Bidder, the Procuring Entity shall verify, validate and ascertain the supply and after sales support agreement submitted by the Bidder. Failure to submit this requirement, or an incomplete or patently insufficient submission shall be considered failed and shall automatically be rated Non-Responsive. For the traffic signal equipment to be supplied by the Bidder under this contract, the Procuring Entity shall verify its compliance to the technical specifications by way of submitted original brochures, Statement of Technical Compliance and the Affidavit of Traffic Signal Equipment Installed. The Procuring Entity shall also conduct inspection of the maintenance facilities of the Bidder and/or its nominated subcontractor. Failure to submit these documentary requirements and without the required maintenance facilities or inadequate electronic test instruments, spare parts and installation tools and equipment shall be considered failed and shall automatically be rated NonResponsive. The supplier and the nominated subcontractor of the Bidder shall be evaluated and postqualified based on the completion of similar contract costing at least 50% of the portion of the ABC corresponding to the portion of the works to be assumed by the supplier and/or the nominated subcontractor. For this purpose, the portion of the works shall be prescribed as follows:

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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------Supply of Traffic Signal Equipment = Php 48,688,923.14 Installation Works = Php 11,951,779.93 For this section, a contract shall be considered similar if it is a contract completed within the last ten (10) years involving the same nature and complexity as the portion of the works to be assigned to the supplier and the nominated subcontractor. Additionally, as to the financial requirement, the supplier and the nominated subcontractor of the bidder shall be evaluated and postqualified based on their submitted Credit Line commitment, or a cash deposit certificate of at least 10% of the portion of the ABC corresponding to the portion of works to be assumed by the supplier and/or the nominated subcontractor, or must have a Net Financial Contracting Capacity (NFCC) of at least equal to the portion of the ABC corresponding to the portion of works to be assumed by the supplier and/or the nominated subcontractor, calculated as follows: NFCC = [(Current assets minus current liabilities)(K)] minus the value of all outstanding projects under ongoing contracts, including awarded contracts yet to be started. Where: K = 10 for a contract duration at one year or less, 15 for a contract duration of more than one year to two years, and 20 for a contract duration of more than two years. 6.0 Dir. Rojas emphasized that considerations for warranty shall be incorporated in the unit cost items of the bid proposal. He explained further that since the contract specifies sectional completion, Section 1 as stated in the Special Conditions of Contract shall have a warranty longer than 12 months because a Certificate of Completion shall be issued for Section 1 as soon as it is completed. Also, since maintenance works is part of the warranty period, the contractor must also be aware of the liquidated damages for guarantee period maintenance and repair as prescribed under the Special Conditions of Contract. He also emphasized that minimum warranty period for the LED Traffic Signal Heads shall be 5 years as prescribed under Section D.3.13 and Section D.4.9 under Volume 2 Technical Specifications of the Bidding Documents. Dir. Rojas explained the supplemental provisions of Clause 25 under the Bid Data Sheet for the post-qualification criteria. The competence, equipment performance, and maintenance capability of the Bidder and/or its nominated subcontractor shall be post-qualified based on submitted documents such as after-sales support agreement, brochures, statement of technical compliance, traffic signal equipment installed, as well as its maintenance facilities. Questions were raised by the bidders representatives: Q. Shall the Brochure requirement reflect the specific model of equipment to be supplied under this contract? Can the specific model of equipment reflected in the brochure allowed to be changed to a much higher/latest model during project implementation?

Department of Public Works and Highways (DPWH)

7.0

8.0

A. Yes, the brochure to be submitted shall be the brochure of the specific model of traffic signal equipment that will be supplied by the contractor under this contract. The contractor is not allowed to change or substitute another model of equipment other than those prescribed in the brochure. This is because the specific model of equipment has already been subjected to post-qualifications based on its submitted technical specifications and if found responsive is therefore compliant to DPWH specifications.

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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------Q. If the bidder is non-compliant to the bid requirement checklist, will they be given the 7-day period to file their request for reconsideration? A. No, they are not entitled for a 7-day reconsideration period during the bid opening once their bid has been rejected for missing and/or incomplete documents. The 7-day reconsideration period is only applicable to prospective bidders who were already given the notice for post-disqualification. Q. With reference to the additional requirement under the First Envelope (item # 22), for the substituted eligibility requirements of the foreign supplier/manufacturer, will the present time frame allow bidders to submit a duly acknowledged or authenticated documents by the territorial Philippine Consulate? A. Since this requirement is prescribed under Section 23.7 of IRR-A of RA 9184, we cannot remove this documentary requirement from the checklist. The requirement must be retained, however, the prospective bidder may request for postponement of bid opening and the BAC shall decide on the merits of the request. Q. Can the provisional sum item in the contract be used to cover damaged utilities during project implementation? A. No, the provisional sum was specifically intended for the relocation and removal of existing utilities/structures that will be affected by the construction works. The contractor shall exercise due caution to prevent damage for existing utilities/structures in the construction site. Q. Whose responsibility shall be the application and securing of required licenses and permits? A. Section 11 of the General Conditions of Contract prescribed that it shall be the responsibility of the contractor to apply and secure necessary licenses and permits for the execution of the works under the contract. Q. Is the LGU involved in the acceptance of the Project? A. No, the LGU will not be involved in the acceptance of the Project. As far as payments are concerned under the contract, it shall be between the DPWH and the Contractor. The DPWH, after the final acceptance of the project will turnover the traffic signal facilities to the concerned LGU. With no other matters and questions raised for discussion, the meeting was adjourned at 2:45 P.M.

Department of Public Works and Highways (DPWH)

B. Other Amendments It was noted by the TEAM-PMO that in the Traffic Management Plans (TMPs) for signalized intersections and in the listing of spare parts under SPL 1005 under section E.5.2 (h) pp. 92 of Volume 2 Technical Specifications of the bidding documents, the reflected size for the pedestrian lantern LED type is 200mm. While in Volume 4 of the bidding documents (Part II Section VII Bill of Quantities), the reflected size of the pedestrian lantern is 300mm. It is hereby emphasized that the 300mm size for pedestrian lanterns shall prevail.

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Contract ID: 07Z00001 Contract Name: Traffic Management Along MNR Package 2 Location of the Contract: Along MNR from Meycauayan, Bulacan to Mabalacat, Pampanga ----------------------------------------------------------------------------------------For guidance and information of all concerned.

Department of Public Works and Highways (DPWH)

RAMON P. AQUINO Assistant Secretary Chairman, Bids & Awards Committee For Civil Works in Area I (Regions I,II,III IV-A & CAR)

Received by the Bidder: Name and Signature of Bidders Representative Position: Date received:___________________

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