Department of Social Welfare and Development KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM (NCDDP) COMMUNITY BASED PROCUREMENT MANUAL BOOK 2: Community Based Procurement Methods (Community Shopping & other Procurement Methods) (Revised March 2017) (Third Edition) 2|Com m uni t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Table of Contents ACRONYMS, ABBREVIATIONS __________________________________________________ 4 GLOSSARY OF TERMS _________________________________________________________ 5 CHAPTER ONE: COMMUNITY-BASED SHOPPING FOR GOODS AND WORKS __________________ 13 1.1. Definition of Community Shopping ________________________________________________________ 13 1.1. Definition of Community Shopping______________________________________________________ 14 CHAPTER TWO: COMMUNITY DIRECT CONTRACTING FOR GOODS AND WORKS______________ 30 2.1. Definition of Community Direct Contracting_________________________________________________ 31 CHAPTER THREE: COMMUNITY REPEAT ORDER FOR GOODS _____________________________ 43 3.1. Definition of Community Repeat Order for Goods ___________________________________________ 43 3.1. Definition of Community Repeat Order for Goods ___________________________________________ 44 CHAPTER FOUR: SMALL VALUE PROCUREMENT FOR GOODS _____________________________ 46 4.1. Definition of Small Value Procurement (SVP) ________________________________________________ 46 4.3. Survey of Available Suppliers _____________________________________________________________ 46 4.1. Definition of Small Value Procurement (SVP) ________________________________________________ 47 CHAPTER FIVE: PAKYAW CONTRACTS ________________________________________________ 49 5.1. Definition of Pakyaw Contract ____________________________________________________________ 49 5.3. Pakyaw Contracts Negotiations ___________________________________________________________ 49 5.1. Pakyaw Contract for Works_______________________________________________________________ 50 PERIOD OF ACTION ON PROCUREMENT ACTIVITIES ____________________________________ 55 COMMUNITY SHOPPING _____________________________________________________________________ 56 COMMUNITY DIRECT CONTRACTING___________________________________________________________ 57 ANNEX B: COMMUNITY SHOPPING AND DIRECT CONTRACTING FORMS FOR GOODS AND WORKS ________________________________________________________________________ 58 ANNEX C: STANDARD PROCUREMENT FORMS FOR COMMUNITY SHOPPING FOR WORKS _____ 96 ANNEX D: SMALL VALUE PROCUREMENT (SVP) FOR GOODS (OFF-THE-SHELF) ______________ 132 ANNEX E: PAKYAW CONTRACTS ___________________________________________________ 135 3|Com m uni t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ACRONYMS, ABBREVIATIONS ACT AIT BAC BDC C/BSPMC CBPM CD CDA CDD CEAC CENRO CFA CFMS CIO COA CPO CPP DTI DV EBP GOP GPRA LCC LCRQ LGU MIT NOA NOL NPMO PCAB PIT PO POW PS PT RFQ ROW RPM RPMO RPMT RPO SEC SOW SPA TF TWG WB 4|Com m uni t y Edition) Area Coordinating Team Audit and Inventory Team Bids and Awards Committee Barangay Development Council Community/Barangay Sub-Project Management Committee Community-Based Procurement Manual Calendar Days Cooperative Development Authority Community Driven Development Community Empowerment Activity Cycle City Environment and Natural Resource Officer Community Force Account Community Financial Management System Community Infrastructure Officer Commission on Audit Community Procurement Officer Community Procurement Plan Department of Trade and Industry Disbursement Vouchers Estimated Budget for the Package Government of the Philippines Government Procurement Reform Act Local Counterpart Contribution Lowest Calculated and Responsive Quotation Local Government Unit Monitoring and Implementation Team Notice of Award No Objection Letter National Program Management Office Philippine Contractors Accreditation Board Project Implementation Team Purchase Order Program of Works Project Supervisor Procurement Team Request for Quotation Right of Way Regional Program Manager Regional Program Management Office Regional Program Management Team Regional Procurement Officer Securities and Exchange Commission Scope of Work Special Power of Attorney Technical Facilitator Technical Working Group World Bank Based Procurement Manual: Book 2 (March 2017 3 r d GLOSSARY OF TERMS Abstract of Bids/Record of Bid Opening – the corresponding document prepared by the BAC after the receipt, opening, examination, evaluation and ranking of the bids. Advance payment – refers to any payment made prior to the delivery and acceptance of Goods, Works, or Consulting Services. Barangay Assembly – For KC-NCDDP the Barangay Assembly is composed of 80% representatives of Total Households of the Barangay and should not be lower than the simple majority which is 50% plus one. Bid (Bid proposal) – is a signed offer coming from a supplier/contractor interested to provide goods or undertake infrastructure work for the community. Bid Evaluation – the process of determining the Bidder with the Lowest Calculated and Responsive Bid/Quotation (LCRB/Q) or the Highest Rated Bid (HRB) in case of consultancy services. Bid Opening Date – the date specified in the Invitation to Bid (ITB) for the opening of bids. Bid Security- A monetary assurance guaranteed by a bank or other third party that (i) if the bidder withdraws his bid prior to the end of the bid validity period or, (ii) refuses to sign the contract if selected, the bidder will automatically forfeit the bid security amount in favor of the BSPMC. Bid Validity Period - The period within which a bidder’s offer considered legally binding. After this period, the bidder is at liberty to extend or refuse the award without forfeiture of bid security. Bidder – an individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or other entity that submits a bid, such as agents, employees, and representatives. They are the contractor, manufacturer, supplier or distributor competing for the award of a contract in any procurement. Bidding Documents – the documents issued by the BAC as the basis for bids. It contains all information necessary for a prospective bidder to prepare a bid for the infrastructure projects and/or goods required by the procuring entity. Blacklisting – to place on, or as if on, a list of persons or organizations that incurred disapproval or suspicion or are to be boycotted or otherwise penalized. Brand Name – a trade name or product name, which identifies a product by a particular manufacturer. Collusion – an agreement between two or more persons, to commit acts to accomplish a fraudulent or deceitful purpose. Competitiveness– a principle of procurement that allows broad participation of eligible and qualified suppliers and contractors to submit offers for a community project. Communication Costs – mail, internet rental, and fax costs, plus cost of advertising, meetings, internet/web posting, and other costs incurred for the dissemination of information about the bidding. 5|Com m uni t y B a s e d Proc ure m e nt Ma nua l : B ook 2 ( Ma rc h 2 0 1 7 3 r d Edition) Community Bidding- a method of procurement which is open to participation by any interested and qualified party and which consists of the following processes: advertisement, pre-bid conference, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract. Community Driven Development (CDD) - an approach that gives control over planning decisions and investment resources for development projects to community groups based on the principles of local empowerment, participatory governance, demand-responsiveness, administrative autonomy, and greater downward accountability and enhanced local capacity. Community Direct Contracting – is a method of procurement of goods and works where the community directly negotiates a contract to a contractor who is technically, legally and financially capable. Community Shopping - a method of procurement where the community simply requests for the submission of price quotations from a minimum of three suppliers for readily available off-the-shelf goods or standard specification commodities of small value or a minimum of three contractors for simple works of small value who are of known qualifications. Conference Notice – a formal written communication sent to the participants of the conference (such as the Procurement Preparation Meeting, Pre-bid and Post-Award Conference) informing them when and where the conference will be held. Conflict of Interest – a situation that has the potential to compromise the impartiality of a person because of the possibility of a clash between the person’s self-interest and professional interest or public interest. Consulting Services – are specialized highly technical services requiring adequate external, technical and professional expertise from individual consultants or firm that are beyond the capacity of the C/BSPMC or Local Government Unit (LGU) staff to undertake such as but not limited to feasibility studies; design; construction supervision; services for capability building types of community projects; and, special studies. Consolidated Blacklisting Report – a report issued by the GPPB that contains a list of people and/or organizations that are barred from participating in any Government procurement project. Contract – “a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.” Article 1305, New Civil Code, Republic Act No. 386 • A promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty. • An agreement, upon sufficient consideration, to do or not to do a particular thing. • A promise enforceable by law. Contract Completion – project sign-off or acceptance of the works/goods by the end-user. Contract Implementation – the execution of a contract, covering the following milestones: effectivity of the contract; contractor’s performance of his contractual obligations; procuring entity’s performance of its contractual obligations, as specified in the Contract; final acceptance or project sign-off; all other related activities; and payment by the Procuring Entity. Contractor – the one who undertakes to perform a work or service, or supply goods for a public or private entity. 6|Com m uni t y B a s e d Proc ure m e nt Ma nua l : B ook 2 ( Ma rc h 2 0 1 7 3 r d Edition) Contract Termination – ending of a contract prior to its completion. Corrupt Practice – is an act of offering, giving, receiving, or soliciting of anything of value to influence a public official in the procurement process or in contract execution. Compare fraudulent practice. Cost Recovery Component – direct and indirect costs accounted for in determining the price of Bidding Documents to be collected from the interested suppliers/contractors. Defects Liability Period – It is the one-year period between the 100% physical completion and the issuance of Certificate of Final Acceptance or issuance of Defects Liability Certificate of the contract , within which the Contractor assumes the responsibility to undertake the repair of any damage to the Works at his own expense. Development Cost – costs incurred in developing the original content of the documents, designs, plans and specifications. Direct Contracting – an alternative method of procurement of goods and infrastructure projects whereby the C/BSPMC directly negotiates a contract with a technically, legally and financially capable supplier or contractor. Direct Costs of Procurement - costs directly incurred such as development, reproduction, and communication costs allocated to the bidding activity. Disclosure – the act of disclosing, uncovering, or revealing information related to the procurement transaction to public. Disqualification – the act of barring a bidder from further participation in the procurement at hand, even if it has initially declared eligible or post-qualified. Eligible Bidder – is a contractor, manufacturer, supplier or distributor who meets all the eligibility requirements for procurement at hand. Eligibility – refers to the status of a Bidder in relation to its legal, technical and financial competence to comply with the requirements of the contract to be bid. Eligibility Check - a procedure used to determine if a prospective bidder is eligible to participate in the procurement at hand. Eligibility Requirements - refer to qualifications set by the BAC for participating bidders. Estimated Budget for the Package (EBP) – the budget for the package duly approved by the C/BSPMC which will serve as the agency estimate as reflected in the Community Procurement Plan. Evaluated Bid - refers to the corrected bid after evaluation has completed. Evaluated Bid Amount – the price of a bid, after taking into account minor arithmetical corrections to consider computational errors, omissions and discounts, if allowed. Fortuitous Events/Force Majeure – An unforeseen event or condition that is not caused by, or could not be prevented by any of the parties to the contract, but which resulted in delay or suspension of 7|Com m uni t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d execution of the contract. A Force Majeure event could lead to the termination of the contract, but not considered breach of contract by either party. Fraudulent Practice – is a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the C/BSPMC. Goods and Non-consulting Services - refers to all items, supplies, materials, and general support services which may be needed in undertaking the project related activities or in the operations of the Barangay Sub-Project Management Committee (C/BSPMC). Incidental Services – services supplementary to the supply of the Goods, such as transportation and insurance; installation, provision of technical assistance, training, and other such obligations of the Supplier covered under the contract or purchase order. Indirect Costs of Procurement - costs indirectly incurred such as overhead, supervision, and administrative costs allocated to the bidding activity. Ineligible bid - a disqualified proposal submitted by a supplier due to the following reasons: (a) late submission; (b) inability to meet the eligibility requirements such as, non-submission of correct bid security, or lack of eligibility or technical requirements, among others. Ineligible Bidder – is a contractor, manufacturer, supplier or distributor who fails to meet any or all of the eligibility requirements. Infrastructure Projects (Civil Works) – refers to the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of the following roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related construction projects of the government. Inspection – examination and/or testing of merchandise to determine whether it is eligible for acceptance or was received in the proper quantity and condition and to verify that it conforms to the applicable specifications. Instruction to Bidders (IB) – outlines the specific instructions that the bidder needs to follow in the preparation of its bid. Invitation to Bid (ITB) - serves as the notice to the public and all interested parties of the procurement and bidding opportunities of the community. Latent Defect – a defect that is not apparent to the buyer by reasonable observation. A latent defect is “hidden” or one that is not immediately determinable. Liquidated Damages – damages agreed upon by the parties to a contract to be collected in case of breach thereof. Minor Deviations – refers to the deviations in the bid that can be corrected. Some examples are the following: • Computational error such as when the total amount is not equal to the unit cost times the number of units. In this case, the BAC shall take the unit cost as the correct amount, thus, they must re-compute the total price; 8|Com m uni t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d • Discounts which do not have pre-conditions should be applied to the total price to get the net amount; and The TWG and the BAC must correct the identified minor deviations to compute the calculated price. • Major Deviations - are deviations that can affect in substantial way the scope, quality or performance of the works; which limits the community’s rights under the contract; or one that if corrected would affect unfairly the comparative position of other bidders. The following are examples: • Bid contains a different design that does not respond to the contract plans and specifications; • Stipulates price adjustment when bid price should be fixed given the short duration of the contract; • Proposed timeframe of implementation does not conform to the required period • Bid contains provision to exempt the bidder from some critical provisions of the contract. Motion for Reconsideration – in procurement, it is an application made to the BAC for obtaining a rule or order setting aside a previous decision. Notice of Award – refers to a document issued by the C/BSPMC to inform a successful bidder of the award of contract. Notice of Post-qualification – the document issued by the BAC to the bidder with LCB or HRB whose bid found to be responsive after it has been subjected to post-qualification evaluation. Notice to Proceed – the document issued by the C/BSPMC to the winning bidder to proceed with the implementation of the contract. Observer – the one invited by the BAC to attend and observe all stages of the procurement, especially: the pre-bid conference; opening of bids; bid evaluation; post-qualification; contract award; and special meetings of the BAC. Off-the-Shelf Goods Procurement - applies to the purchase of readily available goods from local market outlets/stores. Pakyaw Contract - an alternative method of procurement where partial or full implementation of an infrastructure project or items of work for its completion carried out by skilled or unskilled labor from the community or its vicinity. Process involves negotiations within the Barangay Assembly (BA). Patent Defect – a defect that is apparent to the buyer on normal observation. Performance Security – a security posted by the winning bidder to guarantee the faithful performance by the same of its obligations under the contract prepared in accordance with the bidding documents. Posting of Performance Security is required for all Goods Contracts amounting to Php.1M and above and all Works Contracts are required to post Performance Security. However, for goods contracts that fall below this threshold may still require a Performance Security if the BSPMC EXECOM approves it, thru a BSPMC EXECOM Resolution for identified justifiable reasons and such requirement must be reflected in the Request for Quotation. 9|Com m uni t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Post-qualification – the process of validating and verifying the documents, information and statements made in the Eligibility Documents by the Bidder who submitted the Lowest Calculated and Responsive Bid/Quotation, as well as ascertaining the said Bidder’s compliance with the legal, financial and technical requirements of the bid. Post-qualification Report – the report prepared by the TWG containing the findings/results of the post-qualification conducted on the bidder with the LCRB or HRB, as the case may be. Pre-bid Conference – is the forum where the Procuring Entity’s representatives and the Prospective Bidders discuss the different aspects of the procurement at hand. Procurement – the acquisition of Goods and Non-consulting Services, Works and Consulting Services by the C/BSPMC. Procurement Package – is a group of similar goods that can be purchased from a supplier or work items that can be performed or implemented by a single contractor. Procurement Preparation Meeting – is the forum called by the BAC for all procurements, where all officials involved in the procurement meet and discuss all aspects of the transaction. Program – refers to KC-NCDDP Protest – is a formal declaration made by an interested or concerned person on the actions about to be made or already performed, whereby he expresses his dissent or disapproval, or affirms the act against his will. The object of such declaration is usually to save some right which would be lost to him if his implied assent could be made out, or to exonerate himself from some responsibility which would attach to him unless he express negatively his assent. (Black’s Law Dictionary, 5th Ed.) Purchase Order - a contract between the community and the supplier/dealer for the delivery of supplies, subject to stipulations in the Order. Reputable Bank – refers to a bank recognized by and a member of the Philippine Deposit Insurance Corporation (PDIC). Reproduction Cost – labor, supplies and equipment rental costs incurred in the reproduction of the documents e.g. photocopying, blue printing, etc… Request for Clarification – a written request submitted by the bidder to the BAC, asking the latter to clarify a particular provision of the Bidding Documents. Responsive Bid – is a solicited bid determined to be in substantial conformance with the conditions, completion or delivery requirements, and specifications detailed in the Invitation to Bid (ITB), Request for Proposals (RFP), Request for Quotations (RFQ), or request for tenders. Retention Money - refers to the amount retained from progress payment to cover uncorrected discovered defects and third party liabilities. This is equivalent to 10% of all progress payments. The BSPMC will release the 100% retention money to the Contractor upon issuance of the Certificate of Final Acceptance (after the Defects Liability Period for Works) through the recommendation of the Technical Facilitator or the Municipal Engineer. This is mandatory for all works contracts costing PhP 1M or more in addition to Performance Security. For contracts less than PhP 1M, the BSPMC may deduct Retention Money if the BSPMC EXECOM agreed as stated in the justification or Minutes/Records of Meeting. 10 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d In KC-NCDDP, deducting Retention Money from payment applies to works contracts only. However, for goods, example, pre & post-harvest facilities, solar panels and the likes, a service warranty certificate is required. The BSPMC may impose retention money in an amount equivalent to at least five percent (5%) of the final payment, or a bank guarantee equivalent to at least five percent (5%) of the Contract Price to cover any defects incurred within the Defect Liability Period should the supplier fails to correct. Short Term Services Procurement - the purchase of non-consultancy service requirements available in the local community and requiring a very limited period. Small Value Procurement - a method for the procurement of goods where direct purchase is used for items of very small quantities and value, as; it is more practical and economical to do so. Spare Parts – refer to extra components, equipment, tools, instruments or parts of machinery or apparatus to replace the damaged or worn out parts. Special Power of Attorney - A Special Power of Attorney (SPA) is a legal document where a principal, in this case, a bidder, grants authority to an agent (Attorney-in-Fact) who is an officer or staff of the firm to represent him/her in certain procurement related transactions in case he/she is not available. For KC NCDDDP, Procurement of WORKS/Infrastructure sub-projects, the SPA is used solely for representing the principal/registered owner during the conduct of procurement activities (bid submission, attendance to pre-bid conference and bid opening) but not in the signing of the bidding documents/Bid proposal and of the contract agreement, its implementation and execution. For Procurement of Goods, the Program allows the use of SPA for signing of bidding documents/bid proposal and of the Purchase Order or contract. Provided that, the SPA executed by the Registered Owner is to authorize a staff or officer of the company to represent and sign in procurement transactions in his/her behalf. The SPA will form part of the bid proposal or quotation with a Notarized Certificate of Employment signed by the registered owner, otherwise absence of such will invalidate the bid. For Sole Proprietorship: Community Shopping for Goods, the BSPMC may allow the use of an Authorization Letter (not notarized) to be issued by the Registered Owner to a family member or an employee to prepare, sign and submit quotation. However, SPA is needed to allow the authorized family member/personnel to sign of Purchase Order (PO) in behalf of the Registered Owner. Specification - a description of what the purchaser requires and what a bidder must offer. It is a detailed description or design criteria for a piece of work or material. Splitting of Contracts/Packages – is the act of dividing or breaking up of contracts into smaller quantities and amounts, or dividing contract implementation into sub-contracts but it could be undertaken/procured as one contract to circumvent or subvert the procurement method. Standard – the established and fixed measure used in assessing quality or performance. Subcontractor – one who takes a specific part of the work undertaken by the principal contractor (Black’s Law Dictionary, 5th Edition) 11 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Submitted bid price – the bid price as indicated in the financial proposal submitted by the bidder. Supplemental/Bid bulletin – a notice issued by the Procuring Entity to Prospective Bidders with respect to any clarifications or modifications in the Bidding Documents, including those affecting the technical specifications, eligibility requirements, procurement schedule, and other similar matters. Supplier/Contractor of Good Standing - is one who is known in the community to be in the business of providing the goods or executing the works to be procured; duly registered with the DTI, SEC or CDA, PCAB (Works only) and has valid business/mayor’s permit/municipal license from the supplier’s principal place of business. No outstanding record of blacklisting by any government agency or local government unit and with relevant experience in completing a single contract of at least 50% of bid amount. In case of previous or existing suppliers to KC-NCDDP sub-projects, they should have satisfactory performance or completed all contracts awarded Technical Bid – one of two components comprises a bid, the other being Financial Bid. Technical Specifications- refer to the physical description of the goods or services, as well as the requirements of the community in terms of the functional, performance, environmental interface and design standard requirements to be met by the goods to be manufactured or supplied, or the services to be rendered. Third Party Liability - means bodily injury and/or material damage caused to a third party as a result of action or inaction, or negligence, and which injury and/or damage must be remedied. Tender – See Bid. Unbalanced Quotation/Bid - a bid where part of the cost of one work item shifted to another item of work making the cost of such item unreasonably high and other items unreasonably low. Warranty – an undertaking by the supplier, manufacturer or distributor to guarantee that it will correct any manufacturing defects of the goods procured by the C/BSPMC. Works or Infrastructure Projects – refer to undertakings to construct, improve, upgrade, rehabilitate, demolish, repair, restore, or maintain small-scale infrastructure and all types of physical works identified under the KC-NCDDP, fabrication of equipment and structural parts, as well as physical labor to complete such projects. 12 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CHAPTER ONE: COMMUNITY-BASED SHOPPING FOR GOODS AND WORKS 1.1. Definition of Community Shopping 1.2. Identification of Items for Community Shopping 1.3. Preparation of the Request for Quotation (RFQ) 1.4. Conduct of Procurement Preparation Meeting 1.5. Posting of Request for Quotation (RFQ) 1.6. Issuance of Request for Quotation 1.7. Conduct of Contractors’ Conference for Community Shopping for Works 1.8. Submission and Receipt of Quotations/RFQs 1.9. Opening and Evaluation of Quotations 1.10. Prior Review of Contract 1.11. Contract Award 1.12. Contract Implementation 13 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 1.1. Definition of Community Shopping Community Shopping is a method of procurement where the community simply requests for the submission of quotations from at least three (3) suppliers for readily available off-the-shelf goods or standard specification commodities of small value or a minimum of three contractors for simple works of small value with known qualifications. This procurement method is the most frequently used community procurement procedure. Requests for quotations shall indicate the description and quantity of the goods or specifications of works, as well as the desired delivery or completion time and place. The suppliers/contractors must submit their quotations in the CBPM prescribed format. The evaluation of quotations shall follow the same principles as community bidding. The BAC, to assure competitive prices, shall compare the price quotations from different suppliers/contractors. The purchase order/contract shall include the accepted terms and offer. For Community Shopping, suppliers and contractors should be in good standing, and have not committed any breach of contract (e.g., short deliveries, unreasonable delays in delivery of goods, delivery of defective goods, or similar acts) in previous transactions with the community or municipality. Community shopping involves the following procedures: 1.2. Identification of Items for Community Shopping The Procurement Team shall identify all procurable items under Community Shopping in the approved Community Procurement Plan (CPP). Then, the PT will present the list to the Chairperson of the Barangay Sub-Project Management Committee (C/BSPMC) and the Bids and Awards Committee (BAC) for review and validation. 1.3. Preparation of the Request for Quotations (RFQ) Upon approval of the C/BSPMC on the procurable items/package, the PT prepares the following documents: For Goods and Non-Consulting Services, i. ii. iii. iv. v. Request for Quotation (RFQ) Acknowledgement Receipt Abstract of Quotations Purchase Order Technical Specifications For Works, i. ii. iii. iv. v. vi. vii. Request for Quotation (RFQ) Instruction to Contractors Contract Agreement Conditions of Contract Technical Specifications Drawings, if applicable Standard forms for Community Shopping for works (performance securities, notice of approval, notice to proceed, etc.) 14 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 1.4. Conduct of Procurement Preparation Meeting The procurement preparation meeting is the forum called by the BAC where all officials, BAC, C/BSPMC, PT and Technical Working Group (TWG), involved in the procurement meet and discuss all aspects of procurement at hand. It is required to ensure that the procurement is in accordance with the CPP and confirms the availability of funds for the contract. (CBPM Form B-1) For goods, the required documents for review include: i. ii. iii. iv. v. Community Procurement Plan; Technical Specifications of items to be procured; Cost estimates; Inventory of Possible Suppliers/Service Providers Request for Quotations and its corresponding terms and conditions, including schedule of payment for staggered deliveries, as applicable; vi. Availability of the pertinent budget release for the project. For works, the required documents for review include: i. ii. iii. iv. v. vi. vii. viii. Community Procurement Plan; Technical plans, specifications, scope of work; Engineering/architectural plans and designs; Availability of the right-of-way (ROW) or ownership of affected properties; Cost estimates, Inventory of Possible Contractors Request for Quotations Availability of the pertinent budget release for the project. During the same meeting, the BAC will review the contents of the RFQ for the approval of the BSPMC Chairperson prior to issuance and posting. The PT will prepare the record of the procurement preparation meeting (CBPM Form B-2) and shall keep and maintain a copy of all the documents at the BSPMC filing cabinet. If the C/BSPMC has to procure goods or works with different packages or work items, it is best to hold just one procurement preparation meeting to save time. 1.5. Posting of Request for Quotation (RFQ) The posting of the RFQ is not mandatory. However, the BAC may post the RFQ for a period of three (3) to seven (7) days for information purposes only at any of the following: municipal/ barangay hall bulletin boards, KC-NCDDP designated billboard or bulletin board, offices of Municipal Inter-Agency Committee (MIAC). The PT may also advertise in the regional or national KC-NCDDP website if computer and internet facilities are accessible to the community. If applicable, the BAC may also send RFQ to prospective suppliers/contractors thru an Official email address of the BSPMC/BAC specifically created for this purpose. For goods and works contracts, personal serving of RFQ is required. The RFQ (CBPM Form B-5 for goods, and B-6 for works) should contain the following information: 15 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d i. ii. iii. iv. v. Brief description of the goods/works to be procured; For goods: the type or size, and; For Works: major items and other important or relevant features of the works; The date, time and place for the deadline for the submission, receipt and opening of quotations; Delivery schedule for goods or contract duration for works; The name, address of the designated contact person; Such other necessary information deemed relevant by the BAC. 1.6. Issuance of Request for Quotation For Goods: The PT issues the RFQ Form (CBPM Form B-5) to at least three (3) suppliers in good standing. The CEF should accompany the members during the first serving of the RFQ to help explain the objectives of the procurement and the project to the prospective supplier or its employee/staff. They will either wait for the registered supplier or its employee/staff to accomplish the form and seal it in an envelope or ask the suppliers to submit the quotation in a sealed envelope to the C/BSPMC at the barangay hall within three (3) days. The PT should ask the supplier to acknowledge receipt of the quotation form by signing the Acknowledgement Receipt (CBPM Form B-7). If applicable, the BAC and PT may also send the RFQs thru the official email address of the BSPMC/BAC specifically created for this purpose. The suppliers shall accomplish the Quotation Form and submit this in a sealed envelope with the following written outside the sealed envelope: REGISTERED BUSINESS NAME OF THE SUPPLIER ADDRESS Quotation for Community Shopping for: (Name of Project): Package ______ KC-NCDDP Barangay Sub-Project Management Committee Address of Barangay What is a Supplier/Contractor of Good Standing? A supplier/contractor of good standing is one who is known in the community to be in the business of providing the goods or executing the works to be procured, duly registered with the DTI, SEC or CDA, PCAB (Works only) and has valid mayor’s permit/municipal license from the supplier’s principal place of business, not in the blacklisting record of any government agency or local government unit and with relevant experience in completing a single contract of at least 50% of bid amount. In case of previous or existing suppliers to KC-NCDDP subprojects, they should have satisfactory performance or completed all contracts awarded. 16 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Note: Government officials who are directly involved in the procurement with direct access to information that may substantially affect the result of the bidding are disqualified from participating as “suppliers/contractors/service providers” for any procurement relative to the subproject. This includes their relatives up to the 1st degree of consanguinity or affinity. This provision covers but is not limited to the following: i Technical Working Group (TWG) in the procurement and in the sub-project proposal preparation (TAF Service Provider/s or Technical Person/s who prepared the POW), ii BSPMC Chairperson, iii Bids and Awards Committee (BAC), iv Procurement Team (PT) and v Employees/staff of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) For Works: Only bona fide contractors licensed by the PCAB and classified under the type of contract/project where the subject contract falls are eligible to submit quotations for shopping for works. The contractor should have a satisfactory performance in any on-going or completed KC-NCDDP projects. At least two (2) members of the PT shall deliver the RFQ (CBPM Form B-6) with the attached specifications, drawings and bill of materials to at least three (3) licensed contractors. The CEF should accompany the PT members during the first serving of the RFQ for communities in far-flung areas to help explain the objectives of the procurement and the project to the prospective contractor. They will ask the contractor to submit the quotation in a sealed envelope to the C/BSPMC at the barangay hall within three (3) days. The PT should ask the contractor to acknowledge receipt of the RFQ by signing the acknowledgement receipt. The contractor shall submit this in a sealed envelope with the following written outside the sealed envelope: REGISTERED BUSINESS NAME OF THE CONTRACTOR ADDRESS Quotation for Community Shopping for: (Name of Project): Package ______ KC-NCDDP Barangay Sub-Project Management Committee Address of Barangay REMINDER: The Procurement Team is allowed to issue only one (1) copy of the Request for Quotation (RFQ) or Invitation to Bid (ITB) to each prospective Supplier or Contractor for every procurement transaction. 17 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 1.7. Conduct of Contractors’ Conference for Community Shopping for Works The conference for the community shopping for works is the forum where the PT, C/BSPMC, BAC and the prospective contractors discuss the different aspects of the procurement at hand, the details of the contract, the required bidding forms and other issues that may arise during the preparation of the quotation. This is mandatory for contracts with EBP of Php1M and above but is optional for contracts with EBP below Php1M. The BAC must conduct a contractor’s conference for shopping for works at least three (3) days prior to the deadline of submission of quotation. All contractors of packages with EBP of Php1M and above are encouraged to attend but attendance is not mandatory and is not a ground for disqualification. The presence of the Municipal Engineer and/or Technical Facilitator is required, as they shall provide technical assistance to the BAC and shall act as resource person in case of clarifications. The PT shall prepare the Record of Contractor’s conference within two days after the conference and provide copies to contractors issued with RFQs for their reference. The BAC shall organize a site visit or inspection of the project site for prospective contractors. All prospective contractors are required to attend the site visit for contracts, as this will enable them to offer a more realistic quotation. Those who are not able to attend the scheduled site inspection may conduct their own inspection provided it is done before the submission of proposals. The C/BSPMC Chairperson shall issue a Certificate of Site Inspection (CBPM C-1) to the representative of the prospective contractor that will form part of the proposal. Note: In KC-NCDDP Community-based procurement, are we allowed to announce the Estimated Budget for the Package (EBP)? Yes, the BSPMC/BAC may post/publish the EBP. However, the EBP is not the price ceiling of proposals. Those bidders whose bids/quotations that exceeded the budget are not disqualified for the evaluation. If found to be responsive to the procurement requirements and funds are available to cover the additional cost, contract award can be made. 1.8. Submission and Receipt of Quotations The prospective supplier/contractor shall fill up and submit the RFQ in a sealed envelope to the BSPMC on or before the deadline of submission as stated in the RFQ. If submitted before the deadline, the PT member records receipt in the logbook with the following information: i. ii. iii. iv. 18 | C o m m u n i t y Edition) Name of Goods/Works Project to be Procured Name of Supplier/Contractor Date and Time Received Name and signature of procurement team member receiving the sealed envelope Based Procurement Manual: Book 2 (March 2017 3 r d At the BSPMC office, the PT shall ensure that the sealed quotations with the logbook are kept in a secured filing cabinet. The BAC shall declare all quotations submitted after the deadline “Late” and return them to the contractor/supplier unopened. 1.9. Opening and Evaluation of Quotations 1.9.1. Opening of Quotations The BAC shall invite the following to assist in the review and evaluation of quotations on the day specified for the opening of the quotations: the Head of the Audit and Inventory Team (AIT) for goods and of the Project Implementation Team (PIT) for works and the members of the TWG. Prior to the Opening of Quotation, the PT shall bring the bid box with the logbook and all received sealed quotations to the designated venue. Immediately after the deadline of submission of quotations, the BAC Chairperson shall lock the bid box. The BAC Chairperson shall determine the presence or absence of a quorum and shall declare a quorum if there is one. The opening of quotations will follow the declaration of quorum. The Chairperson shall open the padlock of the bid box and shall proceed with the opening of the sealed quotations. As a rule, the BAC must receive a minimum of three (3) sealed quotations to proceed with the opening of quotations. If only one or two envelopes are received, the BAC shall declare a failure of procurement and proceed with a re-canvass. However, for second attempt of procurement, the opening and evaluation of quotation can proceed with only one or two envelopes received, provided, however that the PT served RFQs to four (4) or more qualified suppliers. The Acknowledgement Receipt shall serve as proof of compliance to this procedure. All present members of the BAC during the opening shall initial every page of the original copies of all quotations received and opened. The PT shall prepare the record of the opening of quotations within two (2) days after the conduct of the activity and shall file all procurement documents at the BSPMC filing cabinet. What to do if supplier/contractor not served with RFQ nor identified by the community/TF as possible supplier/contractor submitted a quotation/bid? The BAC/PT shall allow the submission and evaluation of his/her proposal. The BSPMC may award the contract to this supplier/contractor provided, the concerned firm/company can clearly establish to the BAC its source of information on the procurement at hand (ex. From RFQs posted at conspicuous places or at the website) and has complied with all the requirements of the RFQ. As an additional requirement, the BAC/PT/TWG shall conduct a post qualification of this supplier/contractor to ascertain its eligibility and capacity to undertake the contract. 19 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 1.9.2. Evaluation of Quotations The purpose of the evaluation of quotations is to determine the Lowest Calculated and Responsive Quotation (LCRQ) based on the conditions set forth in the RFQ. For Goods: A quotation is responsive if it provides complete information that meets the required technical specifications indicated in the RFQ. The ACT through the TF shall bring the list of prevailing local prices for purposes of comparison and reference. Those suppliers who submitted non-responsive quotations shall be disqualified and not be included in the ranking. The BAC may proceed with the detailed evaluation even if only one or two suppliers found to be responsive. The PT shall prepare an Abstract of Quotation for Goods (CBPM Form B-10) to reflect all calculated and responsive quotations ranked from lowest to highest and shall be signed by all present members of the BAC. The BAC, to signify recommendation for award, encircles the Lowest Calculated and Responsive Quotation (LCRQ) who complied with all the requirements specified in the RFQ. The PT shall then forward the signed Abstract of Quotation to the C/BSPMC Chairperson for review and approval. A supplier is allowed to submit an offer which provides for superior specifications and/or better terms and conditions to the community at no extra cost or the supplier may also opt to include Brand in his/her proposal. However, the BAC should not give any bonus, credit or premium to such offer in the evaluation of quotations. 20 | C o m m u n i t y Edition) i. The quotation must be complete. Partial quotations or quotations that are not addressing nor providing any one or all of the required items in the price schedule shall be automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a “0” (zero) for the said item would mean that it is being offered for free to the community. Unless, the RFQ specifically allows partial quotation or per items basis. ii. Minor arithmetical corrections to consider computational errors to enable proper comparison of all quotations. Discounts shall be incorporated in the quotation for each item unit cost. Any adjustment shall be calculated in monetary terms to determine the calculated prices. iii. All bids shall be evaluated on equal footing to ensure fair and competitive bid evaluation. For this purpose, all bidders shall be required to include the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties itemized in the quotation form and reflected in the detailed estimates. Such quotations, including said taxes, shall be the basis for evaluation and comparison. Likewise, if the RFQ required materials delivered onsite, proposed unit prices deemed to include freight/hauling cost. iv. Quoted prices in words, unit prices, and unit cost in the price schedule shall prevail in case of discrepancy. In case of discrepancies between: (a) quoted Based Procurement Manual: Book 2 (March 2017 3 r d prices in figures and in words, the latter shall prevail; (b) total prices and unit prices, the latter shall prevail; (c) unit cost in the detailed estimate and unit cost in the price schedule, the latter shall prevail. However, in case of discrepancy between the submitted bid and the evaluated bid, the latter shall prevail. For Works: The BAC shall examine the contractor’s license and check if this is genuine and valid for the contracting period required. They shall verify with the BSPMC if the submitted Certificate of Site Inspection is authentic, examine the Bill of Quantities to ensure that it is consistent with the required technical specifications and if the contractor has completely quoted for all items of work specified in the RFQ. During the evaluation of quotations, the BAC should take consideration of the following: i. The quotation must be complete. Contractors who submitted partial or incomplete quotation are automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a “0” (zero) for the said item would mean that it is being offered for free to the community. ii. Minor arithmetical corrections to consider computational errors and omissions to enable proper comparison of all quotations. Discounts shall be incorporated in the quotation for each work item. Any adjustment shall be calculated in monetary terms to determine the calculated prices. iii. All bids shall be evaluated on equal footing to ensure fair and competitive bid evaluation. For this purpose, all bidders shall be required to include the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties itemized in the quotation form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison. iv. Quoted prices in words, unit prices, and unit cost in the bill of quantities shall prevail in case of discrepancy. In case of discrepancies between: (a) quoted prices in figures and in words, the latter shall prevail; (b) total prices and unit prices, the latter shall prevail; (c) unit cost in the detailed estimate and unit cost in the bill of quantities, the latter shall prevail. However, in case of discrepancy between the submitted bid and the evaluated bid, the latter shall prevail. Based on the detailed evaluation of quotations, those that comply with the abovementioned requirements are to be ranked in ascending order, to identify the Lowest Calculated Quotation (LCQ). The entire evaluation process must be completed in not more than two (2) calendar days from the opening of quotations. If only one or two contractors quoted on all items and is/are considered responsive, the BAC shall proceed with the evaluation. 21 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d The PT shall prepare an Abstract of Quotation for Works (CBPM Form B-9) to reflect all calculated and responsive quotations and all present members of the BAC shall sign it and forward it to the BSPMC Chairperson for review and approval. Award shall be made to the contractor with the Lowest Calculated and Responsive Quotation who complied with all the requirements specified in the RFQ. The PT will inform the contractor with the Lowest Calculated Quotation to immediately submit a copy of valid DTI Certificate of Business Name Registration and Business/Mayor’s Permit. This can be done thru writing or thru personal meeting with the supplier. These documents will form part of the request for NOL from the RPMO or Clearance from the ACT. If the contractor with the LCRQ refuses to accept the award, consider the second lowest. If the second lowest refuses to accept, consider the third lowest quotation, provided his quoted price is within 110% of the price of the second lowest, otherwise the BAC may proceed to re-canvass or community direct contracting. For both goods and works, the PT shall prepare the records of the evaluation of quotations within two (2) days after the conduct of the activity. The TF shall ensure proper process of evaluation of quotation in determining the LCRQ and the proceedings shall be reflected in the record of evaluation. For waived awards without acceptable/valid reasons, the supplier/contractor shall be blacklisted in future KC-NCDDP procurements. Presence of any TWG member and ME/TF to the Opening and Evaluation of Quotation is mandatory to provide technical assistance to the BAC and to act as a resource person for procurements and other technical concerns. What to do if the Lowest Calculated and Responsive Bid or Quotation (LCRQ/B) exceeds the Estimated Budget for the Package (EBP)? 1. 2. 3. 4. 5. The BAC with the assistance of the TWG shall evaluate if the excess amount is justifiable and necessary for the completion of the contract; The BAC and TWG shall determine if there are available funds from Procurement Savings and/or additional LCC from the LGU. If YES, the BAC may recommend for the Award of Contract. If NOT, the BAC shall declare a failure of procurement. Prior to re-canvassing or rebidding, the BAC shall evaluate the procurement package. If necessary, the BSPMC with the assistance of the TWG shall revise the program of works to avoid further failure of procurement. The PT must properly document the abovementioned process in the Record of Evaluation of Quotations/Bids. 1.10. Prior Review of Contract 22 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Prior to the signing of the Purchase Order/Contract, the C/BSPMC Chairperson shall request for clearance to award within the thresholds specified under CBPM Book 1, Table 1 of Section 4.3. For Community Shopping for goods and works: Regional Program Management Office (RPMO): For Works contracts: P 500,000 and less than P 2.0 M For Goods Contracts: P 500,000 and less than P 1.0 M Area Coordinating Team (ACT/MCT): All contracts: Below P 500,000.00 In the request for No-Objection-Letter (NOL), the PT shall attach photocopies of all the procurement documents and the original Letter Request of the BSPMC. Note: For all contracts recommended for award to second lowest calculated and responsive quotation, the BSPMC must submit all “opened” bidding documents of the first lowest supplier/contractor as part of the request for NOL to the RPMO or NPMO for verification and reference. 1.11. Contract Award For Goods: Upon receipt of the applicable NOL/Clearance for award, the PT shall prepare three (3) copies of the Purchase Order (CBPM Form B-11) and shall agree with the Monitoring and Inspection Team on the date of delivery of goods. The Barangay Treasurer shall sign the contract/PO to certify the availability of funds in the BSPMC account to cover the contract amount. However, he/she may sign the contract while waiting for the downloading of funds, if the BSPMC and the Supplier agree to execute the contract and the processing of payment shall only commence upon full delivery and availability of funds at the BSPMC Account. Minutes/Record of this meeting shall form part of the PO. This signing of PO by the Barangay Treasurer must be done prior to the approval of the C/BSPMC Chairperson and serving/issuance of PO to the winning supplier. The PT shall deliver the PO to the winning supplier or its duly authorized representative who shall sign his/her conformance to the provisions of the PO and shall retain a copy for his reference. The PT shall furnish a copy of the PO to the MIT head and shall file the remaining copy at the BSPMC filing cabinet together with other procurement and contract documents. What is a Purchase Order? A purchase order is a contract between the community and the supplier/dealer. This will authorize the supplier/service provider to supply and/or deliver materials/services in accordance with the RFQ/ITB’s plans and specifications. . 23 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d For Works: 1.11.1. Contract Approval and Issuance of Notice of Award (NOA) After the receipt of NOL/clearance, the PT shall prepare three (3) copies of the Notice of Award (CBPM Form B-15). The Barangay Treasurer shall certify the availability of funds at the Community/BSPMC Account intended to cover the contract amount prior to the approval of the C/BSPMC Chairperson. The BSPMC shall award the contract to the contractor with the LCRQ at its calculated price. The PT delivers the NOA to the contractor who shall affix his/her signature in the conforme portion and shall retain a copy for his/her reference. In cases where the lowest supplier/contractor refuses to accept an award, consider the second lowest quotation. Should the second lowest refuses to accept, consider the third lowest quotation if his quoted price is within 110% of the price of the second lowest. If not, the BAC may proceed to community direct contracting or re-canvass. 1.11.2. Contract Signing and Posting of Performance Security for Works The BAC Chairperson shall notify the winning bidder of the schedule of contract signing. Prior to the scheduled signing of contract, the C/BSPMC Chairperson reviews and signs the Contract in three (3) copies. The Contractor shall then sign the contract within five (5) calendar days from receipt of the NOA. The Contractor shall post and submit the required performance security in favor of the Community upon the receipt of the Notarized Contract. (CBPM Form B-12) Subsequently, the BSPMC Chairperson shall issue the Notice to Proceed (CBPM Form B-16) to the contractor within three (3) calendar days from receipt of the Performance Security. A contract is effective upon receipt of the NTP, otherwise provided for in the NTP and such date shall not be later than seven (7) calendar days from issuance thereof. The PT then files the contract with all its attachments at the BSPMC office filing cabinet. 1.12. Contract Implementation For Goods: The winning supplier delivers the goods in accordance with the provisions of the PO. Prior to the receipt and acceptance of the delivered goods, the MIT together with the concerned TWG members shall inspect the goods based on the PO and the Delivery Receipt. If found to be in order, the MIT shall affix his/her signature in the Delivery Receipt and stamp it “inspected” and shall likewise sign the “Inspected/Tested” portion of the PO. In case of incomplete deliveries and/or goods of substandard/inferior quality, the MIT or the Storekeeper shall not accept the goods. 24 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d The BSPMC Chairperson will cancel the PO if the supplier fails to commence delivery within 15 days upon receipt thereof. The BSPMC shall proceed with the award of the contract to the succeeding responsive supplier, otherwise, conduct re-canvass. For Works: The winning contractor shall mobilize and start the works within seven (7) days from receipt of the NTP. The contractor may avail of the advance payment that is equivalent to 15% of the contract price. However, the contractor can only avail of this upon issuance of a certification from the TF on the availability of materials and equipment on-site and submission of a bank guarantee equivalent to the requested amount. The PIT and the MIT shall closely monitor the execution of the contract. The Municipal Engineer, TF and CIO shall conduct regular inspection of the project site to provide technical assistance to the community. Tables 1 and 2 provide a summary of all procedures for the procurement of goods and works through Community Shopping and explain the functions of different personnel involved. 25 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Table 1. Matrix of Procedures for Community Shopping for Goods with Functions of Various Procurement Personnel Procedures Time Frame Supplier PT BAC C/BSPMC Review items to be procured Review and signs RFQ forms Discuss procurement at hand 1. Identify items for Community Shopping from the approved CPP 1 cd Prepare items for procurement Review items to be procured 2. Prepare Requests for Quotation Form 1 cd Prepare RFQ documents Review RFQ documents 3.Conduct of Procurement Preparation 1cd Discuss procurement at hand; Prepare minutes Discuss procurement at hand; Sign RFQ for posting Meeting 4. Posting of Request for Quotation 5. Issuance of Request for Quotation Form Once for a minimum of 3 c d 2c d 6. Submission and Receipt of Quotations 3cd 7. Opening and Evaluation of Quotations 1c d 8. Prior Review of Contract Not more than 30 days TWG Discuss procurement at hand ACT RPMO/NPMO/ ADB/WB CEF calls for the meeting; TF provides technical assistance and acts as resource person Posts RFQ Issues RFQ Prepares quotation and submits the same to the BAC Receives the sealed quotations on or before the deadline Receives all quotations; Prepares minutes of quotation evaluation; Prepares Abstract of Quotations CEF to accompany PT members Invites TWG and AIT Head to assist in the evaluation of quotations; Opens quotations and checks responsiveness of quotation Assists the BAC in the evaluation of quotations C/BSPMC Chair requests for Clearance to Award TF provides technical assistance Reviews contract documents and issues NOL Procedures Time Frame 9. Contract Award 1c d 10. Contract Implementation As specified in the PO Supplier Signs the PO Delivers goods as provided in the PO. PT BAC C/BSPMC Prepares and delivers the PO; Provides the LGU, COA and RPMO with copies of PO and supporting documents Compiles copies of all documents for consolidation with other project related documents TWG ACT RPMO/NPMO/ ADB/WB Signs/ approves the PO MIT and TWG inspects and receives goods and signs PO and delivery receipt Table 2. Matrix of Procedures for Community Shopping for Works with Functions of Various Procurement Personnel Procedures Time Frame Supplier PT BAC C/BSPMC Review items to be procured Reviews and signs RFQ documents and forms Discuss procurement at hand 1. Identify items for Community Shopping from approved CPP 1 cd Prepare items for procurement Review items to be procured 2. Prepare Request for Quotation (RFQ) 1 cd Prepare RFQ documents Review RFQ documents and forms 3.Conduct of Procurement Preparation 2cd Discuss procurement at hand; Prepares record of meeting Discuss procurement at hand; Signs RFQ for posting 4. Posting of Request for Quotation (RFQ) Once for a minimum of 3 c d 1cd At least 5 days before the Meeting 5. Issuance of Request for Quotation 27 | C o m m u n i t y Based Procurement TWG Discuss procurement at hand ACT CEF calls for the meeting; TF provides technical assistance and acts as resource person Posts RFQ Issues RFQ forms Manual: Book 2 (March 2017 3 CEF to accompany PT members r d Edition) RPMO/NPMO/ ADB/WB Procedures Time Frame 6. Conduct of Conference for Shopping for Works submission of quotations At least 5 days before the submission of quotations 7. Submission and Receipt of Quotations 3cd 8. Opening and Evaluation of Quotations Not more than 2 days 9. Prior Review of Contract Not more than 5 days upon receipt of NOL documents 10. Contract Award 28 | C o m m u n i t y 1cd Based Procurement Supplier PT Attends conference Prepares required documents and minutes Prepares quotation and submits the same to the BAC Receives the sealed quotations on or before the deadline Receives all quotations; Prepares record/minutes of quotation evaluation; Prepares Abstract of Quotations Signs the contract; Posts the required BAC C/BSPMC Attends conference; Invites Project Implementation Team (PIT), Municipal Implementation Team (MIT), Municipal Engineer, TF and contractors Attends conference; Chairperson issues Certificate of Site Inspection to participating contractors Invites TWG and PIT Head to assist in the evaluation of quotations; Opens quotations and checks responsivenes s of quotation Manual: Book 2 (March 2017 3 r d Edition) ACT RPMO/NPMO/ ADB/WB TF to attend the conference and provide technical assistance Assists the BAC in the evaluation of quotations C/BSPMC Chair requests for Clearance to Award Signs/ approves the contract. Prepares and delivers the contract; Provides the LGU, COA and RPMO TWG TF provide technical assistance Reviews contract documents and issues NOL Procedures Time Frame Supplier performance security 11. Contract Implementation 29 | C o m m u n i t y As specified in the contract Based Procurement Mobilizes and starts work as provided in contract; May request for advance payment PT BAC C/BSPMC with copies of PO and supporting documents Compiles copies of all documents for consolidation with other project related documents Manual: Book 2 (March 2017 3 PIT, MIT and TWG inspect and monitor status of accomplishm ent r d Edition) TWG ACT RPMO/NPMO/ ADB/WB CHAPTER TWO: COMMUNITY DIRECT CONTRACTING FOR GOODS AND WORKS 2.1. Definition of Community Direct Contracting 2.2. Identification of Items for Community Direct Contracting 2.3. Preparation of the Request for Quotation (RFQ) 2.4. Conduct of Procurement Preparation Meeting 2.5. Posting of Request for Quotation 2.6. Issuance of Request for Quotation 2.7. Submission and Receipt of Quotation 2.8. Opening and Evaluation of Quotation 2.9. Prior Review of Contract 2.10. Contract Award 2.11. Contract Implementation 30 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 2.1. Definition of Community Direct Contracting Community Direct Contracting is a method of procurement of goods and works where the community directly negotiates a contract with a technically, legally and financially capable supplier or contractor. A community under any of the following conditions may resort to community direct contracting: i. ii. iii. iv. v. vi. vii. Where there is only one supplier/contractor in the province capable of providing the goods, services or works; Where there has been two or more failures of community bidding (Direct Contracting due to Two (2) Failed Biddings); When time is of the essence to avert an imminent danger to life or property or to restore damaged community projects arising from natural or man-made calamity or emergency as declared by appropriate authorities. (Direct Contracting due to Emergencies); Where found to be more efficient and economical for the community to enter into an arrangement or agreement with another government agency. (Community-toGovernment Agency Arrangements) Where the community decides to take over a terminated contract for causes provided for in the contract and existing laws (Direct Contracting due to Contract Termination); For works: where the subject contract is adjacent or contiguous to an on-going infrastructure project and it will be more advantageous to directly hire the services of the single contractor than to undergo a new bidding process (Direct Contracting for Adjacent and Similar Projects); In the case of island municipalities, remote or far flung communities as certified by the Area Coordinator (AC) or conflict areas with peace and order problems as certified by the Municipal Chief of Police. Direct Contracting due to Two (2) Failed Biddings may occur in any of the following instances: i. ii. iii. iv. No bids were received; All prospective bidders are declared ineligible; All bids fail to comply with all the bid requirements or fail post qualification; The bidder with the lowest calculated and responsive bid refuses, without justifiable cause, to accept the award of contract. Direct Contracting due to Emergencies shall be supported with a Declaration of a state of calamity by the National Disaster Risk Reduction and Management Council (NDRRMC) covering the said community or as declared by a local government. Direct Contracting through Community-to-Government Agency Arrangement may be applied under the following conditions: i. The community shall provide sufficient justification indicating that entering into a Communityto-Government Agency Agreement with the Servicing Agency is more efficient and economical; ii. The community lacks the proficiency or capacity to undertake the particular contract; iii. The Servicing Agency has the mandate to deliver the services required to be procured or to undertake the infrastructure project or consultancy; and iv. The Servicing Agency owns or has access to the necessary tools and equipment required for the project. 31 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d This may be undertaken with government agencies such as the Technical Education and Skills Development (TESDA) and others; Local Government Units (LGU) (province, city or a municipality) as appropriate based on the above conditions. A Memorandum of Agreement (MOA) shall be executed by the BSPMC with the Servicing Agency defining the conditions, roles and responsibilities of the Agreeing Parties and of other stakeholders, if any, the schedules/timeline, scope of works/deliverables and project costs as established in the sub-project’s approved program of works (POW)/ proposal. Direct Contracting due to Contract Termination may happen in any of the following instances: i. Breach of contract or termination for default (either by the C/BSPMC or by the contractor/ supplier); ii. If the contract is abandoned by contractor; iii. The C/BSPMC terminated the contract for convenience, in whole or in part, as it determined the existence of conditions that make project implementation economically, financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and national government policies. iv. Due to unlawful acts that include, but are not limited to the following: (a) corrupt, fraudulent, collusive and coercive practices; (b) drawing up or using forged documents; and, (c) any other acts analogous to the foregoing. Direct Contracting for Adjacent or Contiguous Projects may be resorted to under the following conditions: i. ii. iii. iv. The original contract is the result of a Community Shopping, Direct Contracting or Bidding; The subject contract has similar or related scopes of work; It is within the contracting capacity of the contractor; The contractor uses reasonable price, the same or lower unit prices as in the original contract; v. The contract amount involved does not exceed the amount of the on-going contract; and vi. For contractors of previous KC projects, a proven satisfactory track record in the completion of such projects; vii. Negotiations for the contract shall commence prior to the expiration of the original contract. The following procedures are applicable for all types of contracts procured under community direct contracting. 2.2. Identification of Items for Community Direct Contracting The PT shall review the Final CPP to identify procurable items to be procured through Community Direct Contracting. They shall ensure that appropriate method for the package and the required justification/s for the use of this method is/are reflected. The PT shall submit the list of procurable items/packages to the BAC and to the C/BSPMC Chairperson for review and validation to ensure its compliance to the conditions for this type of community direct contracting. 32 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 2.3. Preparation of the Request for Quotation (RFQ) Upon approval by the C/BSPMC of the list of procurable items/packages, the PT prepares the following documents: For Goods: i. Computation to show that it is cost-effective to purchase from a lone supplier instead of conducting a competitive bidding/shopping (For Direct Contracting); ii. Technical Specifications; iii. Request for Quotation Form (CBPM Form B-5); iv. Purchase Order; v. Justification for the use of the type of community direct contracting method; vi. Certification from the Municipal Engineer and the Technical Facilitator that there is only one qualified supplier in the municipality. For Works: i. Technical Specifications; ii. Request for Quotation Form (CBPM Form B-6); iii. Contract Agreement; iv. Conditions of Contract; v. Drawings, if applicable; vi. Bill of Quantities; vii. Standard forms for community direct contracting for works; viii. Certification from the Municipal Engineer and the TF that there is only one qualified contractor in the province. 2.4. Conduct of Procurement Preparation Meeting The BAC Chairperson shall call for a procurement preparation meeting with the C/BSPMC Chairperson, PT and the MIT/PIT to discuss all aspects of the procurement at hand and to ensure that all requirements are in order: i. ii. iii. iv. Technical Plans/Specifications; Cost estimates/Bill of Quantities; Quotation Forms, and Availability of the pertinent budget release for the project. The BSPMC must secure a Certification from the ME and the TF that there is only one qualified and available supplier/contractor to supply the goods or perform the works within the municipality and/or province. The BAC with the assistance of the TWG shall choose the most capable supplier/contractor based on the following criteria: i. ii. Satisfactory performance in completed or on-going KC-NCDDP sub-projects, and; No negative slippage of more than 15%. The BAC may draft a letter of invitation to the identified supplier/contractor stating the proposed schedule of the meeting to serve the RFQ and discuss the procurement at hand. The BAC will review the prepared RFQ forms for the approval of the BSPMC Chairperson. 33 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d The PT shall prepare the record of the procurement preparation meeting within two (2) days after the conduct of the activity and ensure the completeness and consistency of all the procurement documents. The PT must maintain copies of these documents in the BSPMC filing cabinet. 2.5. Posting of Request for Quotation (RFQ) Posting of RFQ is not mandatory. However, the BAC may post the RFQ for a period of three (3) days for transparency purposes at any of the following: municipal/ barangay hall bulletin boards, KC- NCDDP designated billboard or bulletin board, offices of Municipal Inter-Agency Committee (MIAC). The RFQ for goods (CBPM Form B-5) and RFQ for works (CBPM Form B-6) should contain the following information: i. ii. iii. iv. v. Brief description of the goods to be procured or the type, size, major items, and other important/relevant features of the works; The date, time and place for the deadline of submission, receipt and opening of quotations; Delivery schedule for goods and contract duration for works; The name, address of the designated contact person; Such other necessary information deemed relevant by the BAC. 2.6. Issuance of Request for Quotation For Goods: The PT issues the RFQ Form (CBPM Form B-5) to the lone supplier. The PT may wait for the accomplished sealed quotation or the supplier may opt to submit his/her quotation to the designated area in the Barangay prior to the deadline as indicated in the RFQ. The suppliers shall accomplish the Quotation Form and submit this in a sealed envelope with the following written outside the sealed envelope: REGISTERED BUSINESS NAME OF SUPPLIER ADDRESS Quotation for Community Direct Contracting for: (Name of Project): Contract Package ______ KC-NCDDP Barangay Sub-Project Management Committee Address of Barangay In case of an emergency or an imminent danger to life or property, the community can directly negotiate with the previous supplier or with a supplier of good standing situated within the province where the calamity or emergency occurred. For Works: The PT will deliver the RFQ form (CBPM Form B-6) to the identified lone bona fide contractor for the contract. The CEF should accompany the PT members during the serving of the RFQ for communities to assist in the explanation of the objectives of the Program and of the procurement to the prospective contractors. 34 | C o m m u n i t y B a s e d P r o c u r e m e n t M a n u a l : B o o k 2 ( M a r c h 2 0 1 7 3 r d Edition) Contractors shall be given three (3) days to prepare their proposals to be submitted to the designated area on or before the schedule as reflected in the RFQ indicating the following outside of the sealed envelope: REGISTERED BUSINESS NAME OF THE CONTRACTOR ADDRESS Quotation for Community Direct Contracting for: (Name of Project): Contract Package ______ KC-NCDDP Barangay Sub-Project Management Committee Address of Barangay In case of an emergency or an imminent danger to life or property, the BPMC shall execute the direct contracting contract with a previous contractor operating within the province where the calamity or emergency occurred. If the procurement is due to the two/more previous failures of biddings, the BAC, through the PT, shall draw up a list of at least three (3) bona fide contractors to be invited to submit bids. The BAC shall conduct evaluation of these bids, with the assistance of the TWG. Upon determination of the Lowest Calculated Bidder, the BAC and BSPMC can now negotiate based on the conditions of contract. The lone contractor may request for a meeting with the BAC and TWG members to discuss the various aspects of the procurement at hand. During the meeting, the ME/TF shall provide technical assistance to the BAC and acts as resource person in case of queries/clarifications. The PT shall prepare the record of this meeting. The BAC shall organize a site visit or inspection of the project site for the lone contractor or contractors, in the case of two previous failed biddings. The prospective contractor/s are required to attend the site visit, as this will enable him/them to offer a more realistic quotation. If the contractor/s failed to attend the scheduled site inspection, they may conduct their own inspection prior to the submission of proposals. The C/BSPMC Chairperson shall issue a Certificate of Site Inspection to the representative/s of the prospective contractor/s that will form part of the bid proposal/quotations. 2.7. Submission and Receipt of Quotation The prospective supplier/contractor shall fill up and submit the RFQ inside a sealed envelope within the prescribed period for submission. The PT receives the sealed quotation at the designated area on the date specified and shall be recorded in the logbook with the following information: i. ii. iii. iv. Name of Goods/Works Project to be procured Name of Supplier/Contractor Date and Time Received Name and signature of procurement team member receiving the sealed enveloped The PT shall place all received sealed bids and logbook inside a bid box in a filing cabinet at C/BSPMC office. For Direct Contracting due to Two (2) Failed biddings, those quotations submitted after the deadline shall be declared “Late” and shall not be accepted. 35 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 2.8. Opening and Evaluation of Quotation 2.8.1. Opening of Quotation The BAC shall invite the following to assist in the review and evaluation of bids/quotations on the opening of the quotations: a. Head of the Audit and Inventory Team (AIT) and; b. Members of the Technical Working Group (TWG), and; c. Head of the Project Implementation Team (PIT) Prior to the opening of quotations/bids, the PT shall bring the logbook and the sealed bid proposal/s inside a bid box. The BAC Chairperson shall determine the quorum and shall declare a quorum, if there is one. The Chairperson shall open the padlock of the bid box and shall proceed with the opening of the sealed quotation. He/She shall read aloud in public the name of supplier/contractor and the amount of quotations. All BAC members present during the opening of quotation shall initial every page of the original copy of the quotation received and opened. The PT shall prepare the record of the opening of quotation within two (2) days from the conduct of the activity. 2.8.2. Evaluation of Quotation The BAC shall evaluate the quotation based on the required specifications indicated in the RFQ and based on the procedures stated in Section 1.9.2 for goods and works. If the quotation is not responsive due to incomplete documentary requirements, the BAC shall request the supplier/contractor to comply with such requirements. If the bid prices are higher than the Estimated Budget for the Package (EBP), the BAC and C/BSPMC shall determine if there are available funds to cover the difference. If there are available funds, the BSPMC may award the contract as quoted. Otherwise, the BAC and C/BSPMC may negotiate with the winning supplier/contractor to amend the quotation/bids to match the EBP without sacrificing the quality and functionality. If the supplier/contractor refuses to revise the submitted proposal and accept the award, the BAC and BSPMC with the assistance of the TWG, shall evaluate the feasibility of the project and may opt to adjust the scope of works to consider the available budget without significantly affecting the functionality of proposed sub-project. Presence of any TWG member and ME/TF to the Opening and Evaluation of Quotation/bid is mandatory to provide technical assistance to the BAC and to act as a resource person for procurements and other technical concerns. 2.9. Prior Review of Contract For Goods: All the Purchase Orders (PO) amounting to Php 1.0 M and above which was procured through Community-to-Government Agency Arrangements are required to undergo prior review by the Regional Program Management Office (RPMO). 36 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Goods procured through community direct contracting due to two failed biddings and contract termination shall undergo prior review by the RPMO or the NPMO based on threshold. Goods procured through community direct contracting due to emergencies amounting to P2.0M and above shall be subjected to the prior review of the RPMO. For Works: All Contract Agreement for works procured through Community-to-Government Agency Arrangements P 1.0 M and above. Works procured thru Adjacent and contiguous projects shall undergo prior review by the RPMO or the NPMO based threshold. All works procured through community direct contracting due to failed bidding shall undergo prior review by the NPMO. Works procured through community direct contracting due to emergencies amounting to P2.0M and above shall be subjected to the prior review of the RPMO Prior to the signing of the contract, the C/BSPMC Chairperson shall request for clearance/No Objection Letter to award for all contracts fall under the thresholds specified under Table 1 of Book One Section 4.3. In the request for No-Objection-Letter (NOL), the PT shall attach photocopies of all the procurement related documents and the required original copy of the Letter Request of the BSPMC for NOL. 2.10. Contract Award For Goods: After the receipt of the NOL, the PT shall prepare three (3) copies of the Purchase Order (PO) and forward it to the Barangay Treasurer to certify the availability of funds in the BSPMC Account. The BSPMC Chairperson shall review and sign the PO/contract. The PT shall deliver the same to the lone supplier who will sign in conformance and shall retain a copy for reference. Performance security is required for goods contract worth P1M and above. However, performance security is not required if procurement is through community direct contracting due to emergencies or under Community-to-Government Agency Arrangements. Posting of Performance Security is still required for other types of community direct contracting. The PT shall provide a copy of the PO to the Monitoring and Inspection Team (MIT) and shall retain a copy together with all the procurement documents at the BSPMC Office filing cabinet. For Works: 2.10.1. Contract Approval and Issuance of Notice of Award The PT shall draft the Notice of Award (NOA) in three (3) copies upon receipt of the NOL for the approval of the BSPMC Chairperson and conformance of the Contractor. The contractor shall retain a copy of the NOA for reference. 37 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 2.10.2. Posting of Performance Security and Contract Signing The BAC schedules the signing of the contract with the winning contractor who will then post and submit the required performance security and other documentary requirements. The Barangay Treasurer shall sign the contract in three (3) copies to certify the availability of funds followed by the contract signing of the C/BSPMC Chairperson and the winning contractor, within five (5) calendar days from receipt of the NOA. Performance securities are required for all works contract procured through community direct contracting except for the Community-to-Government Agency Arrangement and Direct Contracting due to Emergencies. The performance security of the contractor must comply with the provisions of the Book Three Section 1.11.2. Subsequently, the BSPMC Chairperson shall issue the Notice to Proceed (NTP) together with the copy of the duly notarized contract to the contractor within three (3) calendar days from the contract signing. Contract is effective upon receipt of the NTP. The PT shall furnish copies of the duly signed/received NTP to the PIT and shall retain a copy together with all the procurement documents at the BSPMC filing cabinet. 2.11. Contract Implementation Contract implementation procedures for goods and services procured through Community Direct Contracting shall follow the provisions of Section 1.12. and Book Three Chapter 2 for Goods, and Book Three Chapter 3 for works contracts. Tables 3 and 4 provide a summary of all procedures for the procurement of goods and works through Community Direct Contracting and explain the functions of different personnel involved. 38 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Table 3. Matrix of Procedures for Community Direct Contracting for Goods with Functions of Various Procurement Personnel Procedures Time Frame Supplier PT BAC C/BSPMC Review items to be procured Review forms Discuss procurement at hand 1. Identify items for Community Direct Contracting from approved CPP 1 cd Prepare items for procurement Review items to be procured 2. Prepare Requests for Quotation 3. Conduct of Procurement Preparation 1 cd 1cd Prepare documents Discuss procurement at hand; Prepare minutes Review forms Discuss procurement at hand; Sign RFQ for posting Meeting 4. Posting of Request for Quotation 5. Issuance of Request for Quotation Once for a minimum of 3 cd 2cd 6. Submission and Receipt of Quotations 3cd 7. Opening and Evaluation of Quotations 1cd 39 | C o m m u n i t y Based Procurement TWG Discuss procurement at hand ACT CEF calls for the meeting; TF provides technical assistance and acts as resource person Posts NRQ Prepares quotation and submits the same to the BAC Issues quotation forms Receives the sealed quotations on or before the deadline Receives all quotation; Prepares minutes of evaluation of quotation; Prepares Abstract of Quotation Manual: Book CEF to accompany PT members Invites TWG and AIT Head to assist in quotation evaluation Opens quotations and checks responsivenes s of quotation 2 (March 2017 3 r d Assists the BAC in the evaluation of quotations Edition) TF provide technical assistance RPMO/NPMO/AD B/WB Procedures Time Frame 8. Prior Review of Contract Supplier PT BAC C/BSPMC Not more than 30 days 9. Contract Award 1cd 10. Contract Implementation As specified in the PO TWG ACT C/BSPMC Chair Requests for Clearance to Award Signs the PO Delivers goods as provided in contract Prepares the PO and delivers the same to the supplier; RPMO/NPMO/AD B/WB Reviews contract documents and issues NOL Signs the PO; Signs/ approves the PO Provides LGU, COA and RPMO with copies of PO and supporting documents Compiles copies of all documents for consolidation with other project related documents MIT and TWG inspects and receives goods; Signs PO and delivery receipt Table 4. Matrix of Procedures for Community Direct Contracting for Works with Functions of Various Procurement Personnel Procedures Time Frame Supplier PT BAC C/BSPMC 1. Identify items for Community Direct Contracting from approved CPP 1 cd Prepare items for procurement Review items to be procured Review items to be procured 2. Prepare Requests for Quotation 1 cd Prepare documents Review forms Review forms 3. Conduct of Procurement 1cd Discuss procurement at hand; Prepare minutes Discuss procurement at hand; Discuss procurement at hand Preparation Meeting Based Procurement Manual: Book 2 (March 2017 3 r d Discuss procurement at hand ACT CEF calls for the meeting; TF provides technical assistance and Sign RFQ for posting 40 | C o m m u n i t y TWG Edition) RPMO/NPMO/AD B/WB Procedures Time Frame Supplier PT BAC C/BSPMC TWG ACT RPMO/NPMO/AD B/WB acts as resource person 4. Posting of Request for Quotation 5. Issuance of Request for Quotation Once for a minimum of 3 c d 1cd 6. Submission and Receipt of Quotations Within 5 days after issuance of RFQ 7. Opening and Evaluation of Quotations 1cd Posts RFQ Attends the site inspection as may be applicable Issues RFQ to prospective contractor/s Prepares quotation and submits the same to the BAC Receives the sealed quotations on or before the deadline Receives all quotation; Prepares minutes of evaluation of quotation; Prepares Abstract of Quotation 8. Prior Review of Contract/ NOL issuance 9. Contract Award Issues a Certificate of Site Inspection as may be applicable Invites TWG and PIT Head to assist in the evaluation of quotations; Signs the contract and posts required performance security Assists the BAC in the evaluation of quotations C/BSPMC Chair requests for Clearance to Award Signs the PO Prepares the Contract and delivers the same to the contractor; Provides LGU, COA and RPMO with copies of PO and supporting documents 41 | C o m m u n i t y Based Procurement Manual: Book TF provides technical assistance Opens and evaluates quotations Procurement action not more than 5 days upon receipt of NOL Documents 1cd CEF to accompany PT members 2 (March 2017 3 r d Edition) Reviews contract documents and issues NOL Procedures 10. Contract Implementation 42 | C o m m u n i t y Time Frame As specified in the contract Based Procurement Supplier PT Mobilizes and starts work as provided in the contract; May request for advance payment Compiles copies of all documents for consolidation with other project related documents Manual: Book BAC 2 (March 2017 3 C/BSPMC PIT, MIT and TWG inspects and monitors status of accomplishm ent r d Edition) TWG ACT RPMO/NPMO/AD B/WB CHAPTER THREE: COMMUNITY REPEAT ORDER FOR GOODS 3.1. 3.2. 3.3. 3.4. 3.5. Definition of Community Repeat Order for Goods Identification of Items for Community Repeat Order Conduct of Procurement Preparation Meeting Conduct of Canvassing of Prevailing Market Price Contract Approval, Signing and Implementation 43 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 3.1. Definition of Community Repeat Order for Goods Community Repeat Order is a method of procurement applicable for goods contracts only. A contract package is negotiated directly with a supplier with previously awarded contract with the BSPMC. Repeat Order may be resorted only in cases where the direct negotiation to an existing supplier is more beneficial to the community, instead of subjecting it to another procurement proceeding. Repeat Order is possible if all of the following conditions are satisfied: i. The original contract must have been procured through community bidding, shopping or direct contracting; ii. Unit prices of the repeat order must be the same as or lower than those in the original contract, provided that such prices are still the most advantageous to the community after price verification; iii. A Purchase Order can only be used once for Repeat Order. Quantity of the procurable items shall not exceed twenty five percent (25%) of the quantity in the original contract. In order not to exceed the 25% threshold, the goods under the original contract must be: a. quantifiable b. divisible; and c. consisting of at least 4 units per item iv. The repeat order shall be availed only within six (6) months from the receipt of the original PO to the issuance of Purchase Order for the Repeat Order; v. It shall not result in splitting of contracts, requisitions or purchase orders. 3.2. Identification of Items for Community Repeat Order The Project Implementation Team (PIT) shall request to the BSPMC Chairperson for the procurement of additional goods through the community repeat order method. The approval of the BSPMC is subject to the abovementioned conditions. Upon approval, the PT shall make the necessary revisions in the CPP and ensure to attach the required justification for the use of repeat order. The PT then forwards the updated CPP to the BAC Chairperson and to the C/BSPMC Chairperson for review and approval. 3.3. Conduct of Procurement Preparation Meeting The BAC Chairperson shall call for a procurement preparation meeting to discuss the aspects of the procurement at hand, among others the: i. The review of the technical specifications; ii. Confirmation from the PIT of the necessity and quantity of the additional requirements; iii. Confirmation that the price and the terms of the original contract is most advantageous to the community; iv. Existence of all the conditions required for procurement through community repeat order. 44 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 3.4. Conduct of Canvassing of Prevailing Market Price The BAC, through the Procurement Team, shall conduct a canvassing of the prevailing market price of the procurable goods. It will be compared with the price of the goods from the original contract to confirm whether the price of the goods remain valid. Upon confirmation that the conditions for the use of community repeat order are met, the BAC shall issue an instruction to the Procurement Team to proceed with the preparation of the Supplemental Contract or Purchase Order, using the Technical Specifications of the previous contract. The PT must capture in the Record of the meeting the canvassing procedure conducted, and the survey forms will form part of the documentation. 3.5. Contract Approval, Signing and Implementation The BAC and the BSPMC shall proceed with contract preparation, approval, signing, and implementation. The Purchase Order of the repeat order must be properly labeled as “Purchase Order: Repeat Order of PO No. _____” (Number of “mother” or previous PO). 45 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CHAPTER FOUR: SMALL VALUE PROCUREMENT FOR GOODS 4.1. 4.2. 4.3. 4.4. 4.5. Definition of Small Value Procurement (SVP) Identification of Items for Small Value Procurement Survey of Available Suppliers Direct Purchase of Items Inspection of Goods/Services 46 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 4.1. Definition of Small Value Procurement (SVP) The use of Small Value Procurement (SVP) is for contingency purposes only for small items/package that has an EBP of P10,000.00 and below. SVP is not to be used as a regular procurement method to circumvent other appropriate and competitive methods and it only be used for the following: a. Procure tools and initial materials during site preparation, staking and lay-out; b. Procure needed materials identified during the implementation but not included in the original CPP, that are essential to complete the subproject. In the exigency of implementation, the BSPMC Executive Committee shall approve the use of SVP for the package/items. The record of the BSPMC meeting shall be attached to the procurement documents. For emergency procurement, SVP is not included as procurement method. 4.2. Identification of Items for Small Value Procurement The CPP shall be updated to include the additional items to be procured under SVP. In order to facilitate the procurement of these small items, the CPP may simply include general descriptions of small value procurement such as perishable or non-perishable goods for office supplies, various hand tools, hardware materials etc. The list of items to be procured using SVP is to be forwarded to the BSPMC Chairperson for review and validation. All items to be procured through SVP shall be supported by an itemized list with the quantity, unit price and cost estimate of these items and shall be submitted to the BAC for approval before it is included in the CPP found in Book One (CBPM A-3). 4.3. Survey of Available Suppliers Upon approval by the C/BSPMC of the items to be procured, the PT shall proceed to the local market or stores to conduct an informal survey of vendors/suppliers providing the most advantageous prices using CBPM Form D-2. 4.4. Direct Purchase of Items For the procurement of perishable items within the amount allowed by the community finance manual on direct purchase, the PT shall procure the items directly from the vendors/suppliers offering the most advantageous price based on the survey conducted; otherwise, prepare a Purchase Order. They shall request for an official receipt or in its absence, shall provide a list of items procured duly signed by the vendor/supplier. In cases of non-registered suppliers, payment shall be made in accordance to the provision of the Community Finance Manual. 4.5. Inspection of Goods/Services The PT shall present the procured items to the MIT and the Barangay Treasurer for inspection against the receipt or signed form. If they find all items in order, they have to accept the Official 47 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Receipt/Acknowledgment Receipt and stamp it “inspected” and sign the receipt. Otherwise, they shall prepare a report to the C/BSPMC Chairperson. 48 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CHAPTER FIVE: PAKYAW CONTRACTS 5.1. Definition of Pakyaw Contract 5.2. Identification of Items Covered by Pakyaw Contracts 5.3. Pakyaw Contracts Negotiations 5.4. Contract Award 5.5. Contract Implementation 49 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 5.1. Pakyaw Contract for Works Pakyaw Contract refers to a system of directly hiring or contracting a group of skilled or unskilled workers within the community or its nearby communities to perform specific work incidental to the implementation of the project. Locally produced materials, fabricated or assembled materials and indigenous materials may be furnished by the community and will form part of the Pakyaw Contract. It is a modality of Community Force Account (CFA) where the partial or full implementation of a community infrastructure project or items of works is carried out by the community. Pakyaw contracts are used to complete items of work defined by a specific quantity or output (e.g. 5.5 cu.m. Structural Excavation, 2.40 cu.m. Stone Masonry, 10.0 Sq.m Painting, others). Where available, the community through the C/BSPMC may also supply needed equipment to complete the work. This may be done by organizing and hiring its members from the Barangay Assembly to supply labor under “pakyaw” contracts; provision of construction and other needed materials; leasing of construction equipment, or labor only; or any of these combinations. Payment will be based on the scope of works quantity output as described in the Pakyaw contract and reflected in the statement of works accomplishment. Particular scope of works, quantities, schedule and corresponding costs will be prepared and attached to the Pakyaw Agreement. For the specific works output, a lump-sum payment may be made based on a statement of work accomplished either through the group leader or directly to the pakyaw workers and disbursed using a payroll system through the C/BSPMC/Barangay Treasurer. A list or payroll that reflects the cost due to every member of the Pakyaw should be provided as an attachment to the disbursement voucher. The payroll shall then be concurred by the members to indicate acknowledgement of the payment expected. The method for payment of community-based labor under the pakyaw contract must be discussed and agreed upon during the Barangay Assembly. Pakyaw contracts may be justified where: i. ii. iii. iv. v. vi. vii. viii. There is sufficient labor in the community or its nearby communities to undertake the items of work; Quantities of work involved cannot be defined in advance; Works are small and scattered or in remote locations for which qualified construction firms are unlikely to bid at reasonable prices; Work is required to be carried out without disrupting ongoing operations; Risks of unavoidable work interruption are better borne by the community than by a contractor; or There are emergencies needing prompt attention. When local expertise is required for the scope of works which include supply, fabrication with installation of pump assemblies, billboards and any customized materials incidental to the completion of the subproject; Indigenous materials are available and can be supplied by the community pakyaw groups . There are two cases where community based labor may be provided to complete projects: Case 1: Where labor supply forms part of the share of community counterpart as in-kind contribution. In this case, the C/BSPMC through the PIT will manage and supervise community workers participating in the implementation of the community project and will pay the workers in accordance with the agreed rate for skilled and unskilled labor using community funds. The actual cash to be paid and the equity (“bayanihan”) monetized cost will be indicated in the Community Employment Record (CER). During implementation, should the community opt to implement the works through Pakyaw, the cost will be computed 50 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d based on the cash for the labor component in the POW. The in-kind (bayanihan) community counterpart is still be monitored and reported. Case 2: Interested laborers form themselves into groups and provide their services through the pakyaw method of procurement. The use of such method should be reflected in the CPP. The community through the C/BSPMC with technical assistance from the engineers shall discuss the scope of works, number of contracts and number and size of groups that need to be organized to complete the work to be done through the Pakyaw contracting system. Pakyaw labor shall be drawn from the community, or from Pakyaw labor groups belonging to various barangays contiguous to the project site. As a priority, un-skilled, semiskilled and skilled workers should be drawn from the community where the project is located. The C/BSPMC with the CEF shall ensure that all members of the community including women who are interested to join Pakyaw groups formed for the subproject are known to be members of the concerned community where the subproject is located or from the adjacent barangays. Women must be given equal opportunity to participate in performing the works. The CEF and BSPMC should ensure that men and women who can perform certain tasks under the Pakyaw work contract will be paid with equal rate. During the community or Barangay Assembly, the engineer should present and discuss works that can be performed by women. Corresponding technical assistance or capacity building shall be provided depending on the nature and type of works. Appropriate safeguards must be considered in involving women in construction activities i.e. culture, exposure to risks and others. Project Supervisor (PS)1 may either be a C/BSPMC representative, a Technical Facilitator, a Municipal Engineer/MCT TF, a member of the PIT or a person specifically hired for the project who shall assist in supervising the organization of Pakyaw Groups and in the preparation of Pakyaw contracts. The PS shall be actively involved in the selection of the members who will constitute the Pakyaw Groups. For purposes of transparency, the BSPMC shall report to the Barangay Assembly about the organization of pakyaw groups and its members. The Pakyaw workers will be formed into groups based on their expertise and items of work to be implemented. The PS shall determine the number of members for each group based on the requirements needed for each specific work item. A Pakyaw group may consist of at least three (3) persons. The PS shall oversee the Pakyaw groups, to ensure compliance with design standards and technical specifications. The BAC may directly award the Pakyaw Contract to the organized group based on their experience similar to the scope of works under consideration. A Group Leader shall be elected from among the members of the group who shall be the signatory to the Pakyaw Contract and any other documents pertaining to the work on behalf of the Pakyaw Group. He will assist the Project Supervisor in setting out the task and assuring that the work is undertaken as directed. He may be replaced at any time by the group through an election for that purpose, after due notice to the PS, CEF and the C/BSPMC Chairperson. Any such replacement shall not invalidate any previous documents entered into for the Pakyaw Contract. In cases where the C/BSPMC shall supply construction materials, hand tools and equipment, the PS shall be responsible for safekeeping and maintaining these items and for ensuring that these are in good working order. The Project Supervisor shall be a hired foreman with knowledge and experience on construction or the TF and ME may act as PS. 1 51 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Organized Pakyaw groups from other communities of the municipality with the experience of carrying out similar types of works may be allowed to participate in the Pakyaw contracts. Where there are more than one organized pakyaw groups within the community and the items of work will require only one pakyaw group, the pakyaw groups shall submit quotations for the work based on the procedures used for community shopping2. The BAC shall evaluate the quotations of each pakyaw group in terms of meeting the technical specifications and quoted price. Award shall be made to the pakyaw group with the most responsive quotation. In no case shall Pakyaw Groups be regular, licensed contractors, or groups organized by and/or under the management of a regular or licensed contractor. The award of Pakyaw Contracts by either Direct Contracting or Shopping must be made through a BAC resolution and records of meeting clearly reflecting the Pakyaw Contracts and groups. 5.2. Identification of Items Covered by Pakyaw Contracts Work items undertaken by pakyaw contracts shall be included in the approved Community Procurement Plan (CPP). If in earlier planning, Pakyaw contracting was not considered but was chosen by the C/BSPMC as a more practical or responsive approach to the implementation objective, the CPP should be updated. The PT shall identify these work items and shall submit the same to the C/BSPMC Chairperson and the BAC for review and validation with the assistance of the TWG. 5.3. Pakyaw Contracts Negotiations The BAC Chairperson shall call for a meeting to discuss with the organized Pakyaw groups their respective scope of work and outputs based on the technical specifications. The PIT, PS, MIT, group leaders of Pakyaw groups with the assistance of the TF and the Municipal Engineer shall discuss the work requirements, work to be assigned to each Pakyaw group, timetable for implementation, schedule for completion, cost of each Pakyaw contract and payment arrangements. The PT will prepare the record of this meeting and shall keep a copy with all of the documents at the BSPMC Office. 5.4. Contract Award The PT shall prepare three (3) copies of the Pakyaw contract (CBPM Form E-1) that shall include the breakdown of tools and equipment to be provided by the C/BSPMC and shall submit the same to the C/BSPMC Chairperson for signature. The PT shall deliver the contract to the Pakyaw Group Leader who shall sign the contract and returns two (2) copies to the PT. The PT shall submit copies of the procurement related documents to the ACT office and file the other copy for records purposes. 5.5. Contract Implementation The Pakyaw Group mobilizes and starts work within three (3) days from contract signing. The PIT and the MIT shall regularly monitor the execution of the contract. The ME or the TF, shall conduct regular inspection of the sub-project to ensure that the works are in accordance with the standard and to provide appropriate technical assistance to the community. Engineers from the RPMO or SRPMT shall conduct periodic or random inspection to validate implementation compliance. 2 The evaluation procedures for shopping shall be used in the case of at least three Pakyaw Groups 52 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Payment procedures for Pakyaw Contracts shall be followed as defined in the Community-Based Finance Manual (CBFM) Table 5 provides a summary of all procedures for the pakyaw contracts and explains the functions of different personnel involved. 53 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Table 5. Matrix of Procedures for Pakyaw Contracts for Works with Functions of Various Procurement Personnel Procedures 1. Organization of Pakyaw Groups Time Frame PAKYAW GROUP 2. Identify items covered by Pakyaw Contract in the approved CPP 3.Conduct of Negotiations on Pakyaw 1 cd 1 cd Attend meeting 4.Contract Award 1cd Group Leader signs the contract Mobilizes and starts work as provided in the contract. 5. Contract Implementation 54 | C o m m u n i t y As specified in the contract Based Procurement Manual: Book PT BAC Identify items of work for Pakyaw Prepare minutes Review items Call for meeting to discuss scope of work and technical specifications Prepare contract CEF/PIT/MIT CEF to enlist available labor in the community. Review forms Discuss work requirements and assignments, timetables, contract cost, and payment arrangements. TF/ME Assist the PT Discuss the technical aspect of the sub-project. Signs the contract Compiles copies of all documents for consolidation with other project related documents 2 (March 2017 3 C/BSPMC C/BSPMC to hire/ appoint PS; PS to assist organize community labor into Pakyaw groups. Review items r d PIT, MIT to inspect and regularly monitor works execution. Edition) Conducts regular inspection PERIOD OF ACTION ON PROCUREMENT ACTIVITIES 55 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d COMMUNITY SHOPPING DURATION (IN CALENDAR DAYS) ACTIVITIES GOODS DEADLINE WORKS MIN MAX MIN MAX 1 1 1 1 1 1 1 1 Posting of Request for Quotation, if needed (Not Mandatory) For Goods: Once for a minimum period of 3 cd For Works: Once for a minimum period of 5 cd 1 3 1 3 Issuance of Request for Quotation From the 1st day of posting up to the day before the deadline of submission of RFQ 3 5 5 7 Contractors’ Conference for P1M and less than P2M contracts Conducted at least 3 days prior to deadline of submission of quotation 1 1 1 1 Preparation of Request for Quotation Can be done during the Procurement Preparation Meeting Conduct of Procurement Preparation Meeting Site Visit or Inspection (any day prior to deadline of submission of quotation) Submission and Opening of Quotations Evaluation of Quotations For Goods: Day 4 from the 1st day of posting or as stated in the RFQ 1 1 1 1 1 1 1 2 1 3 For Works: Day 6 from the 1st day of posting or as stated in the RFQ Can be done same day with the Opening of Quotations Post-qualification Prior Review of Contract (No Objection Letter Request) at ACT Prior Review of Contract (No Objection Letter Request) at RPMO Sub-Total 1 5 1 5 1 5 1 5 10 22 15 30 3 7 3 5 Issuance of Notice of Award PO/Contract Preparation and Signing 56 | C o m m u n i t y Edition) Based Procurement 2 Manual: Book 5 2 (March 2017 3 r d DURATION (IN CALENDAR DAYS) ACTIVITIES GOODS DEADLINE WORKS MIN MAX MIN MAX Issuance of PO or Notice to Proceed 1 1 1 2 TOTAL 13 28 22 44 COMMUNITY DIRECT CONTRACTING DURATION (in calendar days) Activities Deadline GOODS WORKS Min Max Min Max Preparation of Request for Quotation 1 1 1 1 Conduct of Procurement Preparation Meeting 1 1 1 1 Issuance of Request for Quotation 1 3 1 3 1 1 Contractors’ Conference and Site Visit/Inspection Submission and Opening of Request for Quotation Evaluation of Quotations Minimum: A day after the issuance of Request for Quotation Can be done immediately after the Opening of quotation Prior Review of Contract (No Objection Letter Request ) at ACT Prior Review of Contract (No Objection Letter Request) at RPMO Prior Review of Contract (No Objection Letter Request) at NPMO Sub-Total 1 1 1 3 1 1 1 1 1 5 1 5 1 5 1 5 1 5 1 5 8 22 9 25 3 7 Issuance of Notice of Award PO/Contract Preparation and Signing 2 2 3 5 Issuance of PO or Notice to Proceed 1 1 1 2 11 15 16 39 TOTAL 57 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ANNEX B: COMMUNITY SHOPPING AND DIRECT CONTRACTING FORMS FOR GOODS AND WORKS Notice of Procurement Preparation Meeting (Form B-1) Record of Procurement Preparation Meeting (Form B-2) Notice of Contractor’s Conference–Works (Form B-3) Record of Contractor’s Conference – Works (Form B-4) Request for Quotation for Goods (Form B-5) Request for Quotation for Works (Form B-6) Acknowledgement Receipt (Form B-7) Abstract of Quotation for Goods (Form B-8) Abstract of Quotation for Works (Form B-9) Record of Opening of Quotation (Form B-10) Purchase Order for Goods (Form B-11) Contract Agreement for Works (Form B-12) Request for Quotation for Lease of Equipment (Equipment Rental) (Form B-13) Purchase Order for Lease of Equipment (Form B-14) Notice of Award (Form B-15) Notice to Proceed (Form B-16) No Objection Letter (NOL) Review Report (Form B-17) 58 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-1 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ NOTICE OF PROCUREMENT PREPARATION MEETING (Date of Issuance) (Name of the Addressee) (Address of the Addressee) Dear Sir / Madame: Notice is hereby given to all participants that the procurement preparation meeting for (insert name of Sub-project), has been set on (insert date and time of the conference) at the (insert venue of the conference). For the information and guidance of all concerned. Very truly yours, (SIGNATURE OVER PRINTED NAME) Chairman, Bids and Awards Committee (BAC) 59 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-2 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ RECORD OF PROCUREMENT PREPARATION MEETING (Community Shopping for Goods/Works) Present were: ________________________ ________________________ ________________________ ________________________ __________________________ __________________________ __________________________ __________________________ The procurement preparation meeting for (insert name of the contract), held at (insert venue of the conference), was called to order at (insert time of the start of the conference) on (insert date of the conference), and was presided by the (insert name of BAC Chairman/Vice Chairman). 1. â–ª â–ª â–ª â–ª â–ª â–ª â–ª â–ª â–ª â–ª â–ª Agenda: Discuss the overview of the Sub-project, its technical specifications/program of works; Discuss scope of works of the Approved Variation Order; if applicable Review of the approved CPP; Reflect revisions made; if applicable Report the status of previously procured packages; if applicable Roles and functions of each Community Volunteers in the conduct of each Procurement activity Discuss the evaluation procedures and evaluation criteria; Identify possible causes of failure of bidding and devise mitigating measures to prevent them. Review of the list of Possible Suppliers and Contractors for the Package. Decide on the schedule of each Procurement activity Preparation of the procurement documents Review and signing of RFQ documents 2. Others: â–ª Discuss other requirements in the Request for Quotation (RFQ); â–ª Possible replies to the bidders’ queries about the requirements; â–ª ACT/MCT coaching and mentoring sessions for Community Volunteers (as needed) â–ª Discussion on other matters relevant to actual procurement. There having no other remaining topics for discussion, the pre-procurement conference adjourned at (insert time of the adjournment). 60 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Prepared by: Approved by: (SIGNATURE OVER PRINTED NAME) Procurement Team Head/Member (SIGNATURE OVER PRINTED NAME) BAC Chairman Noted by: (SIGNATURE OVER PRINTED NAME) BSPMC Chairperson 61 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-3 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ NOTICE OF CONTRACTORS’ CONFERENCE (Community Shopping for Works Contracts) (Date of Issuance) (Name of the Addressee) (Address of the Addressee) Dear Sir / Madame: Notice is hereby given to all licensed Contractors that the contractors’ conference for (insert name of the contract), has been set on (insert date and time of the conference) at the (insert venue of the conference). For the information and guidance of all concerned. Very truly yours, (SIGNATURE OVER PRINTED NAME) BAC Chairman Received by the Contractor: (SIGNATURE OVER PRINTED NAME) Designation: ___________________________ Date Received:___________________ 62 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-4 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ RECORD OF CONTRACTORS’ CONFERENCE (For Community Shopping for Works) Present were: ________________________ ________________________ ________________________ __________________________ __________________________ __________________________ The Contractors’ conference for (insert name of the contract), held at (insert venue of the conference), was called to order at (insert time of the start of the conference) on (insert date of the conference), and was presided by the (insert name of BAC Chairman / Vice Chairman). 1. Agenda: ï‚· ï‚· ï‚· ï‚· Presentation on the technical and financial components of the RFQ, including the explanation of the different documents to be submitted by each contractor; Discussion on the requirements in the Request for Quotation (RFQ) and its conditions of contract, the replies to the contractors’ queries about the requirements, specifications and other conditions of the Sub-project, the evaluation of quotations of contractors and post-qualification evaluation of the lowest calculated quotation; Reminders on the warranty requirement of the Sub-project; Etc. 2. Noted comments/reaction from the BAC representatives and contractors. There having no other remaining topics for discussion, the Contractors’ conference adjourned at (insert time of the adjournment). Prepared by: Approved by: (SIGNATURE OVER PRINTED NAME) Procurement Team Member (SIGNATURE OVER PRINTED NAME) BAC Chairman Noted by: (SIGNATURE OVER PRINTED NAME) BSPMC Chairperson 63 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-5 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ REQUEST FOR QUOTATION FOR GOODS (For Posting and/or Personal Serving) Date: _____________ To: (Registered Business Name of the Supplier) Address: _________________________________________ May we request you to indicate your prices for the items listed below. Please return this form to the canvasser in sealed envelope or submit it to the Barangay Sub-Project Management Committee (C/BSPMC) at the Barangay Hall on (insert date and time of deadline for submission) Name of Sub-project : __________________________________________________ Location : __________________________________________________ Contract Package No. : _____________________________________ Delivery Period (in Calendar Days):______________________________ Total Delivery Period: (for staggered delivery only) Estimated Budget for the Package:______________________________ Item No. Description/Specs of Items Qty Unit 10 bags 10 bags Unit Cost Total Item Cost (In Case of Staggered Delivery: Items must be grouped per delivery period and each schedule shall include notation such as but not limited to the sample below.) 1 2 Portland Cement “First Delivery Period: To be delivered within 15 CD from the Acceptance of PO” Portland Cement Second Delivery Period: To be delivered within 10 CD from deadline of 1st delivery (For 2 or more pages please indicate page number; for example: -------Page 1 of 4----- ) (Sub-TOTAL in cases of 2 or more pages) ------ Nothing Follows ------(after the last item) P TOTAL QUOTATION P 64 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Item No. Description/Specs of Items Qty Unit Unit Cost Total Item Cost Amount in Words: Note: 1. Only those suppliers of good standing are qualified to join. Supplier of good standing is one who is known in the community to be in the business of providing the goods or executing the works to be procured; duly registered with the DTI, SEC or CDA, PCAB (Works only) and has valid business/mayor’s permit/municipal license from the supplier’s principal place of business. No outstanding record of blacklisting by any government agency or local government unit and with relevant experience in completing a single contract of at least 50% of bid amount. In case of previous or existing suppliers to KC-NCDDP sub-projects, they should have satisfactory performance or completed all contracts awarded A copy of a valid DTI Certificate of Business Name Registration and Mayor’s/Business Permit shall be submitted by the winning supplier prior to signing of Purchase Order (PO). 2. Quotation must be valid and fixed for 30 calendar days. 3. Prices quoted must include taxes and other incidental expenses. 4. Supplier is: (To be accomplished by the supplier). Non-VAT VAT Registered VAT Exempt 5. Cost of delivery: (The BAC/PT shall check one.) to include (delivered on designated location) not to include (for Pick-up) 6. Award shall be made: (The BAC/PT shall check one.) on per item basis on per package basis 7. A Suppliers’ conference shall be held at the (venue as determined by the BAC) on (insert date and time) (if applicable) 8. Mode of Payment: By Crossed Check 9. The Estimated Budget for the Package (EBP) is the budget allocated for the package as indicated in the Community Procurement Plan. However, EBP is not the price ceiling of proposals. Those bidders whose bids/quotations that exceeded the budget are not disqualified for the evaluation. If found to be responsive to the procurement requirements and fund is available to cover the additional cost, contract award can be made. 9. A supplier who withdraws his quotation during the validity period and/or refuses to accept the award of contract without a valid reason will be disqualified for at least 1-year or a period to be determined and agreed by the Barangay Assembly, from participating in any KC-NCDDP funded community projects. 10. A Notarized Statement that “none of the officers / directors / controlling stockholders / members /owners of the firm are related by consanguinity or affinity up to the 1st civil degree to the BSPMC Chairperson or employees of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who 65 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d have direct access to information that may substantially affect the result of the bidding, such as, but not limited to the members of the Bids and Awards Committee (BAC), the members of the Technical Working Group (TWG), the Procurement Team (PT), and the designer/s of the Sub-project” MUST be submitted by the winning supplier prior to signing of contract/PO. Thus, a supplier affected by this condition/requirement is not allowed to submit quotation for this package. 11. Only those price quotation/s written in Ball Pen will be accepted as Financial Proposal/Price Schedule/Quotation. (SIGNATURE OVER PRINTED NAME) Chairperson, C/BSPMC After having carefully read and accepted your General Conditions, I/We quote you on the item/s at prices written above. Canvass Submitted by: (SIGNATURE OVER PRINTED NAME) Registered Owner Registered Business Name:________________________ Date of quotation of the Supplier:__________ 66 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-6 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ REQUEST FOR QUOTATION FOR WORKS (For Posting and/or Personal Serving) Date: _____________ To: (Registered Business Name of the Contractor) Address: ________________________________ Our community has received a grant from the Department of Social Welfare and Development ’s KALAHI CIDSS - NCDD Program. The Barangay Sub-Project Management Committee (C/BSPMC) invites you to submit a quotation to construct and complete, on behalf of the community and according to the conditions of this Invitation, the whole of the work items for said project broken down as follows: Name of Sub-project: ________________________________________________u__ Location : __________________________________________________ Contract Package No.: ______________________________________ Contract Duration: __________________________________________________ Estimated Budget for the Package (EBP): _______________________ Work Item No. Scope of Works Qty Unit Unit Cost (For 2 or more pages please indicate page number; Example: -------Page 1 of 4-----) Sub-TOTAL (In cases of 2 or more pages) ------ Nothing Follows ------(after the last Item of Works) Total Item Cost P TOTAL QUOTATION P Amount in Words: Only those Contractors of good standing are qualified to join. Contractors of good standing should be in the business of providing construction services and duly registered with the DTI, SEC or CDA, PCAB and has valid mayor’s permit/municipal license from the supplier’s principal place of business. Government officials who are directly involved as Technical Working Group (TWG) in the procurement and in the sub-project proposal preparation (TAF Service Provider/s or Technical Person/s who prepared the POW), BSPMC Chairperson, Bids and Awards Committee (BAC), Procurement Team (PT) and employees/staff of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who have direct access to information that may substantially 67 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d affect the result of the bidding and their relatives up to the 1st degree of consanguinity or affinity are disqualified from participating as “suppliers/contractors/service providers” for any procurement relative to the subproject. To assist you in the preparation of your price quotation, we enclose the necessary drawings and specifications. Please submit your quotation in a sealed envelope addressed to the undersigned at the following address: The Barangay Sub-Project Management Committee Attention: Bids and Awards Committee Barangay Hall, Barangay ______________________ Municipality of _________________, Province of ________________ Your quotation shall be valid for a period of forty five (45) days from the date of submission of the quotation to the receipt of Notice to award. Price quoted must include taxes and other incidental expenses. It is understood that the contractor shall complete all works enumerated at the total quoted price. Minor works not listed therein but are necessary to execute the work items are deemed part of these work items. Likewise, the contractor agrees to utilize local labor in case the contract is awarded to the firm. If the contract is awarded, the Contracted Unit Prices are fixed up to completion of the works. A Pre-bid conference shall be held at the (venue as determined by the BAC) on (insert date and time). Your quotation should be received by the C/BSPMC on or before __(date and time) . The Quotations shall be opened in public in your or your representative’s presence if y ou choose to attend, on (same date as deadline for bid submission) at (time) (same time as the deadline for bid submission) at the given address. The Estimated Budget for the Package (EBP) is the budget allocated for the package as indicated in the Community Procurement Plan. However, EBP is not the price ceiling of proposals. Those bidders whose bids/quotations that exceeded the budget are not disqualified for the evaluation. If found to be responsive to the procurement requirements and fund is available to cover the additional cost, contract award can be made. Attached for your information and guidance is the Draft Contract with its Terms and Conditions. A Contractor who withdraws his quotation during the validity period and/or refuses to accept the award of contract without a valid reason will be disqualified for at least 1-year or a period to be determined and agreed by the Barangay Assembly, from participating in any KC-NCDDP funded community projects. Please attach to your quotation the requirements provided in the Instructions to Contractors containing the following: I. II. III. Technical Documents; Legal Documents; and, Financial Documents Very truly yours, (SIGNATURE OVER PRINTED NAME) Chairperson, C/BSPMC 68 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Note: • For suppliers/contractors/service providers: please use ball pen in filling up this form, otherwise, it will nullify this RFQ if used as a Financial Proposal Sheet/Bill of Quantities/Price Schedule Quotation Submitted by: ______________________ Registered Business Name 69 | C o m m u n i t y Edition) (SIGNATURE OVER PRINTED NAME ) Registered Owner Based Procurement Manual: Book _______________ Date of Quotation 2 (March 2017 3 r d CBPM Form B-7 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Contract Package No.: ____ Name of the Sub-project: __________________________________________ ACKNOWLEDGEMENT RECEIPT FOR PERSONAL SERVING OF REQUEST FOR QUOTATION (RFQ) This is to acknowledge receipt of the Request for Quotation served by ______________, ______________, _________________Procurement Team members of C/BSPMC __________________________________ (Name of Barangay /Municipality). _________________________________________________________________________ (SIGNATURE OVER PRINTED NAME OF REGISTERED OWNER OR AUTHORIZED REPRESENTATIVE) ____________________________________________ DESIGNATION __________________________________________ (REGISTERED BUSINESS NAME OF THE CONTRACTOR/SUPPLIER) Date Served/Received: _________________ Note: 1. Every Contractor/Supplier shall have a separate AR in either half or whole bond paper. 2. Only those PT members who actually served the quotation/s will be reflected in the “served by” portion. 3. Please use ball pen in filling-up this form, otherwise it will not be honored. 70 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-8 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ ABSTRACT OF QUOTATION FOR GOODS (Select one, delete the other: Community Shopping or Direct Contracting) Item No. Description/ Specifications Qty. Unit of Measurement Name of Supplier Unit Price Total Name of Supplier Unit Price Total Name of Supplier Unit Price Total 1. 2. 3 4. 5. 6. 7. Sub-Total (for 2 or more pages) --Page 1 of (total no. pages)-(for 2 or more pages) ---Nothing follows--(after the last Item) TOTAL Encircled is/are the price/s evaluated to be the lowest calculated and responsive quotation/s. Award is hereby recommended to this/these supplier/s. 71 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) BIDS AND AWARDS COMMITTEE MEMBERS: APPROVED BY: (SIGNATURE OVER PRINTED NAME) (SIGNATURE OVER PRINTED NAME) Chairperson, C/BSPMC (SIGNATURE OVER PRINTED NAME) Date:________________________________ (SIGNATURE OVER PRINTED NAME) BAC Chairman Note: 1. 2. 3. Only BAC members present during the opening and evaluation of quotation will sign this document. Only the evaluated and responsive quotations are reflected in the Abstract of Quotation. In case of two or more pages, BAC members and BSPMC Chairperson must initial/sign each of the pages of the Abstract of Quotations 72 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form B-9 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ ABSTRACT OF QUOTATION FOR WORKS (Select one; delete the other: Community Shopping/Direct Contracting) Name of Sub-project:___________________________________________ Contract Package No.: _________________________________________ NAME OF CONTRACTOR Quotation as Read Evaluated Quotation REMARKS 1. 2. 3. 4. Based on the quotations opened on (Date of Opening). The quotation submitted by (registered business name of the contractor) in the amount of __________________________________ (amount in words) P ______ (in figures) was determined after evaluation to be the lowest calculated and responsive quotation. Therefore, award of the contract is hereby recommended to the said contractor. BIDS AND AWARDS COMMITTEE MEMBERS: (SIGNATURE OVER PRINTED NAME) (SIGNATURE OVER PRINTED NAME) (SIGNATURE OVER PRINTED NAME) BAC Chairperson APPROVED BY: (SIGNATURE OVER PRINTED NAME) Chairperson, C/BSPMC Date: __________ Note: 1. Only BAC members present during the opening and evaluation of quotation shall sign this document. 73 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form B-10 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ RECORD OF OPENING OF QUOTATION Present were: ________________________ ________________________ ________________________ __________________________ __________________________ __________________________ The opening quotation for (insert name of the contract), held at (insert venue of the opening of quotation), was called to order at (insert time of the start) on (insert date), and was presided by the (insert name of BAC Chairman / Vice Chairman). 1. 2. 3. Business Matters: Opening, Examination of Quotation and Determination of Responsiveness Reading of Quotation and the Estimated Budget for the Package (EBP) A. Contractors’ Quotations: No. 1. 2. 3. 4 Contractor’s Name Amount of Quotation as Read B. Estimated Budget for the Package =_________ C. Noted comment/reaction from the BAC representatives/bidders: There having no other bids to be read and clarification made, the meeting (bid opening) adjourned at (insert time for adjournment). Prepared by: Approved by: (SIGNATURE OVER PRINTED NAME) Procurement Team Member (SIGNATURE OVER PRINTED NAME) BAC Chairman Noted by: (SIGNATURE OVER PRINTED NAME) BSPMC Chairperson 74 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form B-10a KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ CHECKLIST OF PASS/FAIL REQUIREMENTS FOR BAC (for Community Shopping for Works Contracts) Name of Sub- Project: _________________ Company Name of Bidder:_____________ PASS/ FAIL REQUIREMENTS Remarks I. ELIGIBILITY DOCUMENTS Legal Valid license issued by the Philippine Contractors Accreditation Board (PCAB) ï‚· Department of Trade and Industry (DTI) Certificate of Business Name Registration (Sole Proprietorship), ï‚· SEC Registration Certificate (Corporation & Partnership), or ï‚· CDA Registration (Cooperative) Valid and current Business/Mayor’s permit/municipal license from the bidders principal place of business Technical Statement of all completed government and private contracts similar to the Contract to be bided; (CBPM Form C-2) Statement of all ongoing government and private contracts, including contracts awarded but not yet started (CBPM Form C-3) Statement on the availability of Key Personnel pledged for the contract to be bid Statement on the availability of Equipment pledged for the contract to be bid Financial Audited financial statements, stamped “received” by the BIR or its duly accredited and authorized agents, for the immediately preceding calendar year Computation of Net Financial Contracting Capacity (NFCC) (CBPM Form C-4) II. TECHNICAL PROPOSAL Authority of the Signatory: ï‚· Board Resolution if the bidder is a corporation or a cooperative, or ï‚· Partnership Resolution if the bidder is a Partnership) Construction schedule (bar chart or PERT/CPM) and S-curve Manpower schedule 75 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) PASS/ FAIL REQUIREMENTS Remarks Construction methods Organizational chart for the contract to be bid List of contractor’s key personnel pledged for the contract to be bid (CBPM Form C-7) Curriculum Vitae of Key Personnel (CBPM Form C-8) List of Construction Equipment pledged for the contract to be bid, (CBPM Form C-6) Equipment utilization schedule Certificate of Site Inspection signed by the C/BSPMC Chairperson (CBPM Form C-1) Construction safety and health program of the contractor Omnibus Sworn Statement (Affidavit) (CBPM Form C-5); III.FINANCIAL PROPOSAL Financial Proposal Sheet (using the RFQ or a Bill of Quantities or Summary of Quotation) Detailed estimates including a summary sheet indicating the unit prices of construction materials, labor rates and equipment rentals used, indicating also the direct and indirect costs, in coming up with the bid; and Cash flow by the quarter and payments schedule IV. OTHER DOCUMENTS Instruction to Contractors for Community Shopping for Works Bid Data Sheet for Community Shopping for Works Note: The absence of any one of the documents shall render a bidder ineligible and disqualified to bid for the particular procurement. Prepared by: Approved by: SIGNATURE OVER PRINTED NAME Procurement Team Member SIGNATURE OVER PRINTED NAME BAC Chairman Concurred by the Technical Working Group (TWG) present during the Opening and Evaluation of Bids: SIGNATURE OVER PRINTED NAME SIGNATURE OVER PRINTED NAME SIGNATURE OVER PRINTED NAME 76 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form B-11 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ PURCHASE ORDER FOR GOODS (Community Shopping/Community Direct Contracting) Name of Supplier: (Registered Business Name) Address:__________________________________________ P.O. No: Based on number of POs issued Date:_______________ In accordance with the quotation dated (date of quotation of the supplier), the Barangay Sub-Project Management Committee (C/BSPMC) of Barangay _____________ requests you to supply and deliver the items detailed below: Item No. 1. 2. Description / Specification Quantity Unit Unit Price Total Amount Sub-Total (for 2 or more pages) --Page 1 of (total no. pages)--(for 2 or more pages) ---Nothing follows--(after the last Item) TOTAL CONTRACT AMOUNT P AMOUNT IN WORDS: TERMS & CONDITIONS: Deliver to (insert specific place of delivery here) on or before (insert date of delivery here). In case of delay in delivery, Liquidated Damages (LD) will be deducted to the final payment. The basis of computation of LD is one percent (1%) of the cost of all the goods, scheduled for delivery or to be performed, after the deadline until completion of the deliverables. Number of days shall be based from the agreed completion date (or deadline of delivery) until the completion date (or full delivery) regardless of progress (or delivery made) in between the agreed completion vs actual completion date (weekends, and holidays included); otherwise, 1/10 of 1% for contracts higher than 10M. Payment Mode is by Crossed Check upon acceptance of completed delivery. The C/BSPMC reserves the right to accept or reject any part of the items delivered which are not in accordance with the specifications. Very truly yours, (SIGNATURE OVER PRINTED NAME ) Chairperson, C/BSPMC 77 | C o m m u n i t y Date: _______ Based Procurement Manual: Book 2 (March 2017 3 r d Edition) Funds Available: (SIGNATURE OVER PRINTED NAME) Date: ________ Barangay Treasurer Conforme: (SIGNATURE OVER PRINTED NAME) Date:________ Registered Owner/ Authorized Representative ________________________________________________________________________________ Inspected/Tested by: (SIGNATURE OVER PRINTED NAME) Monitoring and Inspection Team Received by: (SIGNATURE OVER PRINTED NAME) Storekeeper/Bodegero Date: _____________ Date: ______________ Note: For staggered delivery and staggered payment, please ensure that each delivery period must have separate Inspection and Acceptance prior to payment. T E R M S A N D C O N D IT IO N S All prices quoted herein are valid, binding and effective at least within forty five (45) (the number days may vary depending on the period of delivery) calendar days from date of quotation. 1. 2. AWARDEE shall be responsible for the source(s) of his supplies/materials/equipment and shall make deliveries in accordance with schedule, quality and specifications required in the Purchase Order. Failure by the AWARDEE to comply with the same shall be ground for cancellation of the award and purchase order and for re-awarding the PO to the ALTERNATE AWARDEE. 3. Subject to the provisions of the preceding paragraph, where AWARDEE has accepted a Purchase Order but fails to deliver the required products(s) within the time called for in the same Order, shall be extended a maximum of fifteen (15) calendar days under liquidated damages to make good his delivery. Thereafter if AWARDEE has not completed delivery within the extended period, the subject Purchase Order shall be cancelled. The DEFAULTING AWARDEE is subjected to disqualification in any KC-NCDDP procurements, without prejudice to the imposition of other sanctions. 4. All deliveries by supplier/contractor shall be subject to inspection and acceptance by the C/BSPMC through (insert name of representative). All necessary laboratory tests undertaken by the C/BSPMC through (insert name of representative) on the item(s) shall be for the account of the supplier/contractor. 5. Rejected deliveries shall be construed as non-delivery of product(s)/item(s) ordered and shall be subject to liquidated damages, subject to the terms and conditions prescribed under paragraph 4 hereof. 6. Supplier shall guarantee his deliveries to be free from defects. Any defective item(s) / product(s) therefore that may be discovered by the C/BSPMC through (insert the name of BSPMC Chairperson) within three (3) months after acceptance of the same, shall be replaced by the supplier with five (5) calendar days upon receipt of a written notice to that affect. 7. In case of delay in delivery, Liquidated damages (LD) will be deducted to the final payment. The basis of computation of LD is one percent (1%) of the cost of all the goods undelivered, after the deadline 78 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) until completion of the deliverables. Number of days shall be based from the agreed completion date (or deadline of delivery) until the actual completion date (or full delivery) regardless of progress (or delivery made) in between the agreed completion vs actual completion date (weekends, and holidays included); otherwise, 1/10 of 1% for contracts higher than 10M. 8. In no case shall the sum of liquidated damages exceed ten percent (10%) of the contract amount. If it does, the contract deemed automatically terminated by the C/BSPMC, without prejudice to other courses of action and remedies available to it. 9. All duties, excise and other taxes and revenue charges, if any, shall be for the supplier’s/contractor’s account. Instructions to the User: 79 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form B-12 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ CONTRACT AGREEMENT FOR WORKS (Select one, delete the other: Community Shopping/Community Direct Contracting) This agreement, made this ______ day of ______ 201__ by and between C/BSPMC: (insert name of Barangay) with address at (insert address of barangay) herein represented by (insert name of C/BSPMC Chairperson) herein after called “OWNER” as party of the first part and (Insert the registered business name of Contractor) with official address at (insert the complete address of contractor), hereinafter called “CONTRACTOR” as party of the other part. Whereas the CONTRACTOR is desirous to execute the works described in the request for quotation. And the OWNER has accepted the proposal of the CONTRACTOR for the execution and completion of such works and remedying of any defects therein. Now this agreement witnesseth as follows: 1. In this agreement, words and expressions shall have the same meanings as respectively assigned to them. 2. The “Owner” shall pay the “Contractor” an amount not to exceed: (insert the calculated bid amount in Words and in Figures) upon completion of all the requirements of this contract agreement. 3. The following document shall be deemed to form and be read and construed as part of this agreement: a. Request for Quotation b. Abstract of Quotation c. Record of Opening and Evaluation of quotation d. Instruction to Contractors for Community Shopping for Works e. Bid Data Sheet for Community Shopping for Works f. Conditions of Contract for Community Shopping for Works 4. In consideration of the payments to be made by the OWNER to the CONTRACTOR as hereinafter mentioned, the OWNER hereby covenants with the CONTRACTOR to execute and complete the works within (approved contract duration as stated in the POW or the proposed contract duration of the contractor, whichever is lower) calendar days and remedy any defects therein in conformity in all respects with the provision of the contract. 5. The CONTRACTOR is allowed to collect advance payment equivalent to 15% of the contract amount after posting a bank guarantee of equivalent amount for this purpose. 6. The CONTRACTOR is entitled to claim partial billing subject to the percentage of accomplishment of the work. 80 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 7. The provisions of Conditions of Contract for Works under the Community Based Procurement Manual of the Kalahi CIDSS - National Community Driven Development Program (KC-NCDDP) shall prevail. 8. The Contractor shall comply with the provisions on Environmental and Social Safeguards as specified in the Conditions of Contract for Works. Funds Available: (SIGNATURE OVER PRINTED NAME) Barangay Treasurer Date:_________________ In witness whereof the parties thereto have caused this Agreement to be executed this_____ day of______201__ (SIGNATURE OVER PRINTED NAME) Chairperson, C/BSPMC (SIGNATURE OVER PRINTED NAME) Registered Owner/Contractor ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES MUNICIPALITY OF _____________, ______________ BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared this ____ day of __________, 201____ at ______________, ____________, Philippines. Name ___________________ ___________________ ___________________ Res. Cert. No. Date / Place Issued ______________ ______________ ______________ _______________ _______________ _______________ Known to me to be the same persons who executed the foregoing CONTRACT AGREEMENT consisting of two (2) pages including this page on which the acknowledgement appears and they acknowledged to me that the same is their free and voluntary act and deed and those of the principals they respectfully represent. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date and at the place first above mentioned. _____________________ Notary Public PTR No.______________ Until December 31, 201___ Doc. No. ____________; Page No. ____________; Book No. ____________; Series of ____________. 81 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-13 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ REQUEST FOR QUOTATION FOR LEASE OF EQUIPMENT Date:_______________ To: (Registered Business Name of the Contractor/Equipment Lessor) Address:_______________________________ May we request you to indicate your quotation for the rental for the equipment indicated below. Please return this form to the canvasser in sealed envelope or submit it to the Barangay Sub-Project Management Committee (C/BSPMC) at the Barangay Hall on (insert date and time of deadline for submission) Contract Package No. ____ EQUIPMENT LEASE: (Example) Equipment Needed/ Item No. (Description and Quantity of Equipment) 1 2 1 unit - One Bagger Concrete Mixer 1 unit - 10T Vibratory Road Roller (For 2 or more pages please indicate page number; Example: -------Page 1 of 4-----) Sub-TOTAL (In cases of 2 or more pages) ------ Nothing Follows ------(after the last item of Works/Goods) Contract Duration (Total No. of Days or Hours) (a) Unit Rate (b) Total Rental Cost C= a x b 2 days 40 hours TOTAL QUOTATION :P AMOUNT IN WORDS: Terms and Conditions: 1. Required Out-put (quantity): _________ 2. Government officials who are directly involved as Technical Working Group (TWG) in the procurement and in the sub-project proposal preparation (TAF Service Provider/s or Technical Person/s who prepared the POW), BSPMC Chairperson, Bids and Awards Committee (BAC), Procurement Team (PT) and employees/staff of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who have direct access to information that may substantially affect the result of the bidding and 82 | C o m m u n i t y B a s e d P r o c u r e m e n t M a n u a l : B o o k 2 ( M a r c h 2 0 1 7 3 r d Edition) their relatives up to the 1st degree of consanguinity or affinity are disqualified from participating as “suppliers/contractors/service providers” for any procurement relative to the subproject. 3. Liquidated Damages (LD): In case of unacceptable/unreasonable delay in delivery of services as required, liquidated damages will be deducted to the final payment. The basis of computation of LD is one percent (1%) of the cost of all the goods, scheduled for delivery or to be performed, after the deadline until completion of the deliverables. Number of days shall be based from the agreed completion date (or deadline of delivery) until the actual completion date (or full delivery) regardless of progress (or delivery made) in between the agreed completion vs actual completion date (weekends, and holidays included); otherwise, 1/10 of 1% for contracts higher than 10M. In no case shall the sum of liquidated damages exceed ten percent (10%) of the contract amount. If it does, the contract shall be deemed automatically terminated by the C/BSPMC, without prejudice to other course of action and remedies available to it. 4. Quotation must be valid and fixed for 30 calendar days. 5. Prices quoted must include taxes and other incidental expenses. 6. The Equipment maintenance and repairs shall be for the account of the LESSOR including fuel, oil, lubricants and wages of the equipment operators and helpers; unless, otherwise agreed by both parties. 7. The LESSOR shall ensure that the equipment is in operating condition at all times during the duration of the contract agreement. 8. The lessor shall ensure the equipment for third party liability and for total loss or partial damage to the equipment while on transport or at the designated area of operation. 9. The LESSOR binds itself to protect and immune the LESSEE from any suit or liability resulting from claims of any nature, whether for death, injuries or damages that maybe suffered by the LESSOR’s Operator and/or third parties, arising from or in connection with the transport of the equipment or performance of the work. 10. Damages caused by the LESSOR’s party shall be charged/deducted from the LESSOR. 11. Payment shall be through CROSSED CHECK. (SIGNATURE OVER PRINTED NAME) C/BSPMC Chairperson 1. 2. Date: __________ Note: Attorney-in-fact thru SPA is not allowed for sole proprietorship to sign this document. For corporations, the signatory shall be a person authorized thru a Board Resolution. Suppliers/contractors/service providers shall use ball pen in filling up this form, otherwise it will nullify this RFQ if used as a price schedule. Canvass Submitted by: (SIGNATURE OVER PRINTED NAME) Registered Owner/Manager Date of Quotation of the Lessor: __________ 83 | C o m m u n i t y B a s e d P r o c u r e m e n t Edition) Manual: Book 2 (March 2017 3 r d CBPM Form B-14 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ PURCHASE ORDER (for equipment rental) Name of Supplier: ______________ Address: _________________ Date:___________________ P.O. No. _________ In accordance with the quotation dated (insert the date of quotation submitted by the supplier/contractor), the Barangay Sub-Project Management Committee (C/BSPMC) of Barangay ____________________ requests you to provide services as stated below: Equipment Needed (Description and Quantity of Equipment) Item No. 1 2 Contract Duration (Total No. of Days or Hours) (a) Unit Rate (b) Total Rental Cost C= a x b 1 unit-One Bagger Concrete Mixer 2 days 1 unit - 10T Vibratory Road Roller 40 hours (For 2 or more pages please indicate page number; Example: -------Page 1 of 4-----) Sub-TOTAL (In cases of 2 or more pages) ------ Nothing Follows ------(after the last item of Works/Goods) TOTAL AMOUNT OF THIS PURCHASE ORDER :P AMOUNT IN WORDS: TERMS & CONDITIONS: 1. 2. Required Out-put (quantity): ________________ Provide the services at (insert project location) on or before (insert date of delivery). In case of delay in delivery of services, Liquidated Damages (LD) will be deducted to the final payment. The basis of computation of LD is one percent (1%) of the cost of all the goods, scheduled for delivery or to be performed, after the deadline until completion of the deliverables. Number of days shall be based from the agreed completion date (or deadline of delivery) until the completion date (or full delivery) regardless of progress (or delivery made) in between the agreed completion vs actual completion date (weekends, and holidays included); otherwise, 1/10 of 1% for contracts higher than 10M. In no case shall the sum of liquidated damages exceed ten percent (10%) of the contract amount. If it does, the contract deemed automatically terminated by the C/BSPMC, without prejudice to other courses of action and remedies available to it. 84 | C o m m u n i t y B a s e d P r o c u r e m e n t M a n u a l : B o o k 2 ( M a r c h 2 0 1 7 3 r d Edition) 3. Contracted Unit Rates must be valid and fixed until completion of the services/contract. 4. 5. Prices quoted must include taxes and other incidental expenses. The Equipment maintenance and repairs shall be for the account of the LESSOR including fuel, oil, lubricants and wages of the equipment operators and helpers; unless, otherwise agreed by both parties. 6. The LESSOR shall ensure that the equipment is in operating condition at all times during the duration of the contract agreement. 7. The LESSOR shall insure the equipment for third party liability and for total loss or partial damage to the equipment while in transport or at the designated area of operation. 8. The LESSOR binds itself to protect and immune the LESSEE from any suit or liability resulting from claims of any nature, whether for death, injuries or damages that maybe suffered by the LESSOR’s Operator and/or third parties, arising from or in connection with the transport of the equipment or performance of the work. 9. Damages caused by the LESSOR’s party shall be charged/deducted from the LESSOR. 10. Payment shall be through CROSSED CHECK. The C/BSPMC reserves the right to accept or reject the equipment if found not capable of delivering the required services. Very truly yours, (SIGNATURE OVER PRINTED NAME) Chairperson, C/BSPMC Date: __________ Funds Available at the BSPMC Account: (SIGNATURE OVER PRINTED NAME) Barangay Treasurer Date ________ Conforme: (SIGNATURE OVER PRINTED NAME) Registered Owner Date ________ Inspected/Tested by: (SIGNATURE OVER PRINTED NAME) Monitoring and Inventory Team Date:__________ Received by: (SIGNATURE OVER PRINTED NAME) Project Inspection Team or if not available, the BSPMC Chair 85 | C o m m u n i t y Edition) Based Procurement Manual: Book Date:__________ 2 (March 2017 3 r d CBPM Form B-15 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Date: ___________________ NOTICE OF AWARD for Community Shopping for Works Sir/Madam: Name of Sub-project: ___________________________ The above contract is hereby awarded to you according to the terms and conditions of your quotation as contained in your proposal submitted to us in the of amount (in words)______ (P_______________). In accordance with the provisions of the Request for Quotation, you are instructed to enter into and execute the Contract Agreement with us and to furnish us the following documents, which will form part of the Contract Agreement within five (5) calendar days upon receipt of this Notice of Award. a. Performance Security shall be callable on demand, co-terminus with the community project and shall either be in the form prescribed as follows: i. Cash, Manager’s Check, Cashier’s Check, - Five Percent (5%) of the total contract price; ii. Bank Guarantee – Ten Percent (10%) of the total contract cost b. Construction Schedule and S curve. Very truly yours, (SIGNATURE OVER PRINTED NAME) Chairperson, Barangay Sub-Project Management Committee Certification of Availability of Funds at the Community Account: (SIGNATURE OVER PRINTED NAME) Barangay Treasurer CONFORME: (SIGNATURE OVER PRINTED NAME) Registered Owner 86 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-16 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Date: ___________________ NOTICE TO PROCEED Sir/Madam: Name of Sub-project: ___________________________ Pursuant to your Contract Agreement dated _________________with the Barangay Community Project Management Committee of (Name of Barangay) for the __(Name of SubProject)_ under the Kalahi CIDSS-NCDDP, you are hereby directed to start the work within seven (7) days upon receipt of this notice in accordance with the provisions of the Contract Documents. Please acknowledge receipt of this Notice to Commence. (SIGNATURE OVER PRINTED NAME) C/BSPMC Chairperson Date: _______________ Received Original copy on: ____________ By: (SIGNATURE OVER PRINTED NAME) Registered Owner or its duly authorized representative 87 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-17 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM NO OBJECTION LETTER (NOL) REVIEW REPORT (For Community Shopping for Works and Goods) A. DOCUMENTS SUBMITTED Date Item submitted No. at ACT DOCUMENTS REMARKS BSPMC Letter Request for NOL Approved POW, CPP & Approved Engineering Plans Record of the Procurement Preparation Meeting Request for Quotation: 1. Copy of issued RFQ 2. Copy of the Acknowledgement Receipts for Personal Serving 3. Certification for posting the RFQ, if necessary. Record of Contractors’ Conference (for works) Record of Opening of Quotation Abstract of Quotation for Works or Goods Minutes of the Evaluation of Quotation Post-qualification Report, if applicable Draft Purchase Order or Contract Agreement For Works Contracts only: Financial Proposal Sheet (using filled-up RFQ or a Bill of Quantities or Summary of Bids) Contractor’s Detailed Estimates Valid license issued by the Philippine Contractors Accreditation Board (PCAB) or valid Temporary Certificate of Renewal Business/Mayor’s Permit/ Municipal License to Operate For Sole Proprietorship: DTI Certificate of Business Name Registration For Corporations: SEC Registration with Articles of Incorporation For Cooperatives: Certificate of Registration with the Cooperatives Development Authority. 88 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Date Item submitted No. at ACT DOCUMENTS REMARKS Authority of the signatory : (Board Resolution if the bidder is a corporation or a cooperative, a Partnership Resolution if the bidder is a Partnership, or a Special Power of Attorney (SPA) issued by the General Manager or Proprietor if the bidder is a sole proprietor Certificate of Site Inspection for Works Contracts Construction methods (itemized and with safety procedures) Construction schedule (bar chart or PERT/CPM) and Scurve Construction safety and health program of the contractor; List of contractor’s key personnel pledged for the contract to be bid, with the attachments below: a. Statement on the availability of key personnel that may be used for construction contracts; b. Organizational chart for the contract to be bid; c. Manpower schedule; List of contractor’s equipment units pledged for the contract to be bid together with the attachments below: a. Statement on the availability of equipment that may be used for construction contracts; b. Official Receipts/ Deed of Sale/ Lease Agreement (for equipment proposed to be used for the contract) c. Certificate of registration (to support owning the equipment for proposed equipment to be used) d. Schedule of Utilization of Equipment Statement of all completed government and private construction contracts similar to the contract to be bid, with the following attachments: o Contracts (to support projects undertaken for the last 2 years ) o Certificate of Completion and Acceptance (to support projects undertaken for the last 2 yrs ) Statement of all ongoing government and private construction contracts, including contracts awarded but not yet started; o Contracts and Notice of Awards with information on the status of physical accomplishments. Audited Financial Statements for the preceding calendar year Computation of the Net Financial Contracting Capacity (NFCC) or Credit Line Certificate amounting to 10% of the bid amount from a reputable bank 89 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Date Item submitted No. at ACT DOCUMENTS REMARKS Omnibus Sworn Statement (Affidavit) – CBPM Form C-5 For Goods Contracts only: Financial Proposal Sheet (RFQ used as Price Schedule) Business/Mayor’s Permit/ Municipal License to Operate For Sole Proprietorship: DTI Certificate of Business Name Registration For Corporations: SEC Registration with Articles of Incorporation For Cooperatives: Certificate of Registration with the Cooperatives Development Authority. Authority of the signatory: (Board Resolution if the bidder is a corporation or a cooperative, a Partnership Resolution if the bidder is a Partnership, or a Special Power of Attorney (SPA) issued by the General Manager or Proprietor if the bidder is a sole proprietor; Statement that none of the officers / directors / controlling stockholders / members /owners of the firm are related by consanguinity or affinity up to the 1st civil degree to the BSPMC Chairperson or employees of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who are having direct access to information that may substantially affect the result of the bidding, such as, but not limited to, the members of the Bids and Awards Committee (BAC), the members of the Technical Working Group (TWG), the Procurement Team (PT), and the designer/s of the Subproject Other required documents as prescribed, if applicable B. COMMUNITY SUB-PROJECT INFORMATION: I. Background A. Name of Sub-Project: _______________________________________ B. Physical Description/Indicators:_________________________________ C. Location: _______________________________________________ D. Items/Package Procured subject for NOL: Item No. Description of Works or Goods Quantity Unit E. F. Package No.:_________ Method of Procurement Used: ____________________________________ 90 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d G. Estimated Budget for the Package: Php. __________________________ H. Name of contractor/supplier recommended for award: _______________ I. Amount in this contract: Php.__________________________________ J. Aggregate Contract Amount for this contractor/supplier as of (date of reference) : Php. __________ (Attached the detailed list of awarded contracts and its % accomplishment) For RPMO NOL For NPMO NOL For WB/ADB NOL I. Procurement Preparation Meeting _____________________________________________________________ ______________________________________________________________ ______________________________________________________________ __________________________________________________ (To be taken from the minutes of the Procurement Preparation Meeting. Capture all the necessary information like items to be procured, method of procurement, dates of procurement processes, etc.) II. Request for Quotation (RFQ) ______________________________________________________________ (State the firms issued with RFQ, date of personal serving/issuance of RFQ and inclusive date of posting if needed) III. Contractors’ Conference (For Works Contracts) _________________________________________________________________________ _________________________________________________ (To be taken from the minutes of the Contractors’ Conference. Capture all the necessary information like the technical requirements of the bidding, date and place of the conference) IV. Opening of Quotation ______________________________________________________________ ____________________________________________________________ (To be taken from the minutes of the Opening of Quotation. Capture all the necessary information on what transpired in the opening such as number of quotations received on time, late quotations, name of suppliers/contractors who submitted quotations, date and place of the opening of quotation, and complaints if there are, etc.) Name of Suppliers/Contractors V. Quoted Amount REMARKS Evaluation of Quotation Name of Evaluated Amount Suppliers/Contractors 91 | C o m m u n i t y Edition) Based Procurement Pass/Fail Criteria Manual: Book Remarks 2 (March 2017 3 r d Conclusion (To be taken from the minutes of the Evaluation of Quotation. Capture all the necessary information like are there disqualified contractors/suppliers, incomplete/nonresponsive quotations, etc) C. OBSERVATION/S __________________________________________________________________________ __________________________________________________________________________ (Are there complaints? what are they? Is the procurement process followed? If not, what are the deviations? What other information/s you want to know? ) Prepared by: Noted: (SIGNATURE OVER PRINTED NAME) Technical Facilitator/LGU Engineer Date: ______________ (SIGNATURE OVER PRINTED NAME) Area Coordinator Date: ___________________ CPO/RPO SECTION: VALIDATION REPORT: ____________________________________________________________________ ____________________________________________________________________ RECOMMENDATION/s: ____________________________________________________________________ ____________________________________________________________________ If for RPMO NOL: Reviewed by: ____________________ Community Procurement Officer (CPO) Date: ______________ If for NPMO/WB NOL: Reviewed by: ___________________ Community Procurement Officer (CPO) Date: ______________ _________________________________ Regional Procurement Officer (RPO) Date: ______________ 92 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Endorsed by: _________________________________ NPMO Community Procurement Specialist Date: ______________ GUIDES IN FILLING UP NOL REVIEW FORM: 1. Indicate what are the technical, financial and legal documents submitted by the supplier/contractor in reference to the checklist of documents for RPMO/NPMO/WB/ADB NOL. 2. Indicate the title of the Community/Barangay Sub-project and its Sub-project type 3. Describe the physical aspect of the community Sub-project and its indicators (How many units, what is the length, thickness, width, etc….) 4. Indicate the barangay, municipality and province. 5. Indicate the item number, Description of the Items of Work, Quantity and Unit of the package/s procured subject for NOL. 6. Indicate the method of procurement used 7. Indicate the Estimated Budget for the Package (EBP) subject for NOL 8. Indicate the name of the Supplier/Contractor recommended for award 9. Indicate the amount in this contract 10. Indicate the aggregate amount (Total amount of contracts of the bidder recommended for award from the previous KALAHI contracts within the municipality to include this contract subjected for NOL). 11. Indicate if the NOL issuance is for RPMO, NPMO or World Bank. 12. Extract from the minutes of the Procurement Preparation Meeting useful information such as items to be procured, method of procurement, posting/issuance of RFQ, dates of the Contractors’ conference, date of the opening of quotation, etc…… ) 13. Extract from the minutes of the Contractors’ conference useful information such as date, time and place of the opening of quotation, technical requirements of the procurement, agreement made, criteria for the award, etc…. 14. Extract from the minutes of the opening of quotation useful information such as late quotations, quoted amount, complaints, date and time of actual opening, etc….. 15. Fill up the matrix with the name of contractors/suppliers, quotation, remarks. Include other information not found in the matrix. 16. Extract from the minutes of the Evaluation of Quotation necessary information such as criteria for award, disqualified suppliers/contractors and its reason for disqualification, etc…. 93 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 17. Fill up the matrix with name of supplier/contractor, quoted amount, results of the pass/fail criteria, result on the evaluation of quotation, remarks (other information not found in the matrix). Make a conclusion regarding the process and the result of the evaluation. 94 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form B-18 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Field Office:_____________ Province: __________________________ Municipality: ________________________ AREA COORDINATING TEAM (ACT) PROCUREMENT CLEARANCE (Required for Contracts below Php 500,000.00) Date:_______________ ________________ BSPMC Chairperson Brgy. ___, Municipality _____ Province of _____ Dear BSPMC Chairperson _______: This pertains to your request of NOL for the procurement of Package ___(Community Shopping for Works/Goods) of the (Name of Subproject) subproject. We have reviewed the documents and found it to be complete and compliant with the KCNCDDP Community-Based Procurement Manual. Thus, the ACT is issuing this 'no objection' to the recommendation of the BAC to award the contract to (Registered Business Name of the Supplier/Contractor) in the amount not to exceed (contract amount in words) (Php._____). We look forward to the smooth implementation of your subproject. Yours truly, (SIGNATURE OVER PRINTED NAME) Area Coordinator Municipality of ______________ KC- NCDD Program 95 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ANNEX C: STANDARD PROCUREMENT FORMS FOR COMMUNITY SHOPPING FOR WORKS Section I: Instruction to Contractors Section II: Bid Data Sheet Section III: Conditions of Contract for Community Shopping for Works Certificate of Site Inspection for Works (Form C-1) Statement of All Completed Government and Private Construction Contracts Similar to the Contract to be Bid (Form C-2) Statement of All On-Going Government and Private Construction Contracts, Including Contracts Awarded but Not Yet Started (Form C-3) Net Financial Contracting Capacity Computation (Form C-4) Omnibus Sworn Statement (Form C-5) List of Construction Equipment Pledged for the Contract to be Bid (Form C-6) List of Key Construction Personnel (Form C-7) Curriculum Vitae of Key Personnel (Form C-8) Bank Guarantee: Performance Security (Form C-9) Checklist of Bid Requirements for Contractors for Community Shopping for Works (Form C-10) 96 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d Standard Procurement Forms for Community Shopping for Works Section I: Instruction to Contractors ...................................................................................... 98 Section II: Bid Data Sheet...................................................................................................... 105 Section III: Conditions of Contract for Community Shopping for Works............................... 108 Certificate of Site Inspection for Works (C-1)........................................................................ 119 Statement of All Completed Government and Private Construction Contracts Similar to the Contract to be Bid (C-2) .............................................................................................. 120 Statement of all On-Going Government and Private Construction Contracts Including Contracts Awarded but not yet Started (C-3) ........................................................................ 121 Net Financial Contracting Capacity Computation (C-4)........................................................ 122 Omnibus Sworn Statement (C-5) .......................................................................................... 123 List of Construction Equipment Pledged to the Contract to be Bid (C-6) ............................. 125 List of Key Construction Personnel (C-7) .............................................................................. 126 Curriculum Vitae of Key Personnel (C-8) .............................................................................. 127 Bank Guarantee: Performance Security (C-9) ...................................................................... 129 Checklist of Bid Requirements for Contractors (C-10).......................................................... 130 97 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d SECTION I. INSTRUCTIONS TO CONTRACTORS (Community Shopping for Works Contracts) 1. Scope of Work: The Barangay Sub-Project Management Committee of (Name of Barangay), as the Owner, invites contractors for the completion of the works indicated in the Request for Quotation (RFQ) in accordance with the Conditions of Contract (CC). The successful contractor will be expected to complete the works by the required completion date specified in the Bid Data Sheet. 2. Eligible Contractors: The following contractors with legal personality and capacity to undertake the contract are allowed to participate in the procurement: duly licensed sole proprietors, partnerships, corporations or cooperatives duly registered with the Cooperatives Development Authority (CDA). All contractors shall submit a valid license issued by the Philippine Contractors Accreditation Board (PCAB). The following who have direct access to information that may substantially affect the result of the bidding their relatives up to the 1st degree of consanguinity or affinity are disqualified from participating as “suppliers/contractors/service providers” for any procurement relative to the subproject: 1. Government officials who are directly involved as Technical Working Group (TWG) in the procurement and in the sub-project proposal preparation (TAF Service Provider/s or Technical Person/s who prepared the POW). 2. The BSPMC Chairperson, 3. Bids and Awards Committee (BAC), 4. Procurement Team (PT), and; 5. Employees/staff of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) Each contractor shall submit only one Quotation. All Quotations submitted in violation of this rule shall be rejected. In addition, contractors are subject to eligibility verification procedures to ensure that the bidder has not been blacklisted. Contractors blacklisted by the Kalahi CIDSS-NCDDP and the PCAB are not allowed to participate. 3. Qualification of the Contractor: To qualify for award of the Contract, a contractor shall meet the following minimum qualifying criteria (to be determined by the C/BSPMC): i. Experience in completing a single contract that is similar in nature to the works to be bid whose value must at least be fifty percent (50%) of the proposal/quotation amount. However, those firms/companies established three (3) years and below who failed to comply with the minimum required amount for a single contract are still allowed to bid, provided, that the Technical Person/s to be assigned for the contract have relevant/related experience/s on the contract to be bid. The Notarized Certificate of Employment/Appointment Letter and Resume/Curriculum Vitae reflecting their relevant experiences shall form part of the Proposal/Quotation. 98 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ii. iii. iv. v. Statement of all Completed government and private contracts similar to the Contract to be bid; Statement of all ongoing NCDDP contracts within the period specified in the Request for Quotation, including contracts awarded but not yet started, if any. Audited Financial Statements for the preceding calendar year; Computation of the Net Financial Contracting Capacity (NFCC) that is at least equal to the bid amount, calculated as follows: NFCC = [(Current assets minus current liabilities) x (15)] minus the value of all outstanding projects under ongoing contracts, including awarded contracts yet to be started. The NFCC establishes the bidder’s liquidity, its capacity to absorb the additional obligations in connection with the contract to be bid and to finance its implementation/completion. In case a contractor failed to meet the required NFCC amount, he has to submit a committed Line of Credit in an amount of at least equal to ten percent (10%) of the quotation/proposal. 4. Site Visit and Inspection: The contractors are required to attend the site visit or inspection of the sub-project site organized by the Bids and Awards Committee (BAC) and to secure Certificate of Site Inspection (CBPM Form C1) from the C/BSPMC Chairperson which shall be presented as a requirement in the submission of quotation. Prospective contractors who failed to attend the scheduled site inspection may conduct their own inspection provided it is done before the submission of proposals/quotations. 5. Contents of Bidding Documents for Distribution to Interested Bidders: The set of bidding documents comprise the documents listed below: Section 1: Section 2: Section 3: Section 4: Section 5: 6. Request for Quotation for Works (CBPM Form B-6) Instruction to Contractors for Community Shopping for Works Contracts Quotation Data Sheet Conditions of Contract Standard Forms for Community Shopping Works and Technical Plans Contractors’ Conference: The Bids and Awards Committee (BAC) shall call for a contractors’ conference at least three (3) days before the deadline for the submission of quotations to discuss the different aspects of the procurement at hand, details of the contract and to clarify issues that contractors may raise. Attendance to the contractors’ conference is not compulsory and should not be a ground for the disqualification of a contractor. However, all contractors/bidders are required to comply with all the agreements made during the Contractor’s Conference. The BAC may still entertain requests for clarification(s) on any part of the bidding documents or for an interpretation by prospective contractors provided, the following requirements are complied with: i Requests for clarification should be in writing. ii Requests for clarification should be submitted to the BAC at least two (2) calendar days after the contractors’ conference. 99 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 7. Documents Comprising the Quotation: The quotation of the bidder shall comprise the following documents (as applicable): A. Legal a. b. c. d. ELIGIBILITY DOCUMENTS Documents Valid license issued by the Philippine Contractors Accreditation Board (PCAB); Department of Trade and Industry (DTI) Certificate of Business Name Registration for Sole Proprietorship; SEC Registration Certificate for Corporations; CDA Registration Certificate for Cooperatives; Valid and current Business/Mayor’s permit/municipal license from the bidders principal place of business; Notarized statement that none of the officers / directors / controlling stockholders / members /owners of the firm are related by consanguinity or affinity up to the 1 st civil degree to the BSPMC Chairperson or employees of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who have direct access to information that may substantially affect the result of the bidding, such as, but not limited to, the members of the Bids and Awards Committee (BAC), the members of the Technical Working Group (TWG), the Procurement Team (PT), and the designer/s of the Sub-project. Technical Documents a. Statement of all completed government and private contracts similar to the Contract to be bid, to be attached with proofs such as Contract Agreement, Notice of Award, Notice to Proceed, Certificate of Completion and Acceptance; b. Statement of all ongoing government and private contracts including contracts awarded but not yet started, with information on the status of physical accomplishment; c. Statement on the availability of key personnel that may be used for construction contracts; d. Statement on the availability of equipment may be used for construction contracts Financial Documents a. Audited financial statements, stamped “received” by the BIR or its duly accredited and authorized agents, for the immediately preceding calendar year b. Computation of Net Financial Contracting Capacity (NFCC) B. TECHNICAL PROPOSAL a. Authority of the Signatory (Board Resolution if the bidder is a corporation or a cooperative, a Partnership Resolution if the bidder is a Partnership) b. Construction schedule (bar chart or PERT/CPM) and S-curve c. Manpower schedule (weekly or monthly scheduling of skilled and unskilled workers, including the Project Manager, Project Engineers, Materials Engineers, and Foremen); d. Construction methods (narrative description of how the contractor will undertake the works under the contract); e. Organizational chart for the contract to be bid; f. List of contractor’s key personnel (viz. the Project Manager, Project Engineers, and Foremen, to be assigned to the contract to be bid, their complete qualification and experience data, and the key personnel’s signed written commitment to work on the contract once awarded to the contractor) g. List of contractor’s equipment units pledged for the contract to be bid; owned (supported by proof/s of ownership), leased, and/or under purchase agreements (with corresponding engine numbers, chassis numbers and/or serial numbers), supported by certification of availability of equipment from the equipment lessor/vendor for the duration of the contract) h. Equipment utilization schedule (weekly or monthly scheduling of the minimum equipment required for the contract); i. Certificate of Site Inspection for Works (issued by the BSPMC) 100 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d j. k. Construction safety and health program of the contractor Omnibus Sworn Statement (Affidavit) C. FINANCIAL PROPOSAL a. Financial proposal sheet (filled-up RFQ or Bill of Quantities or Summary of Quotation) b. Detailed estimates including a summary sheet indicating the unit prices of construction materials, labor rates and equipment rentals used, indicating also the direct and indirect costs, in coming up with the bid; and c. Cash flow by the quarter and payments schedule 8. Quotation Price: The contractor shall complete the appropriate price schedule in the financial proposal sheet for all items of work described in the drawings and specifications listed in the Bill of Quantities. The Contract shall be for the whole works as described in the RFQ and shall be based on the unit and total price of work items indicated in the Bill of Quantities. Quotations not providing all of the required items shall be considered non-responsive and, thus, automatically disqualified. Where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered free to the Government. All fees and taxes payable by the contractor under the Contract shall be included in the rates, prices, and total price quotation submitted. Prices quoted by the contractor are fixed for the duration of the contract and not subject to variation or price escalation on any account. In cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regulations, or other acts of the government, promulgated after the date of the opening of quotation, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis. 9. Validity of the Quotation: The validity period of the quotation shall not be more than forty five (45) calendar days from the date of the opening of bids to the receipt of Notice to Award. The BAC may extend the period of validity of the quotations by requesting the same in writing from all those who submitted quotations before the expiry date of the same. 10. Preparation and Submission of Quotations: The contractors shall prepare one original copy and duplicate copy of the documents comprising the Quotation and shall sign all the pages of the original and the duplicate copies. The contractor shall initial all the pages of the quotation where entries, amendments or corrections have been made. The eligibility, technical and financial proposals must be properly marked and must be placed in a single sealed envelope addressed to the C/BSPMC and shall be submitted at the specified address on or before the deadline stated in the RFQ. On the upper left-hand corner of the envelope, the contractor shall indicate his/her name and full address. REGISTERED BUSINESS NAME Address of the Contractor KC-NCDDP Barangay Sub-Project Management Committee Address of Barangay Community Shopping (Goods or Works) for (Name of the Sub-project) Contract Package No._______ 101 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d If the envelope is not sealed and marked as above, the C/BSPMC will assume no responsibility for the misplacement or premature opening of the Quotation. The Procurement Team (PT) shall receive the sealed quotation on or before the prescribed deadline for submission. The sealed quotations and logbook will be placed in a bid box at C/BSPMC office inside a secured filing cabinet. Any eligibility, technical or financial quotation envelopes submitted after the deadline for submission and receipt of quotations prescribed in the RFQ shall be declared “Late” and shall not be accepted by the Bids and Awards Committee (BAC) and shall be returned to the Contractor unopened. 11. Opening of Quotations: The BAC shall open the quotations in the presence of the bidders’ representatives, if present at the time, date, and in the place specified in the RFQ for Works. The BAC shall read in public the contents of the Eligibility documents, and shall examine each bidder’s eligibility requirements or statements. It shall determine the presence or absence of the required eligibility requirements against a checklist (CBPM Form B-2j) using non-discretionary “pass/fail” criteria. The BAC shall declare participating contractors as “eligible” or “ineligible”, based on its findings and inform them accordingly. The BAC shall proceed with the opening of the technical proposal of the eligible contractor, to determine each contractor’s compliance with the documents that are required for submission for the technical component of the quotation. The BAC shall check the submitted technical documents of each bidder against a checklist (CBPM Form B-2j) of required technical documents to ascertain if they are all present, using non-discretionary “pass/fail” criteria. If a contractor submits the required document and meets the eligibility criteria, it shall be rated “passed” for that particular requirement. Otherwise, it shall be rated “failed”. In case one of the aboverequired documents in the Technical Proposal is missing, incomplete or patently insufficient, the quotation shall be declared “failed”. 12. Evaluation and Comparison of Quotations: Immediately after determining compliance with the technical requirements, the BAC shall open the Financial Proposal of each remaining technically complying contractor whose submitted technical requirements were rated “passed” on the same day. The BAC shall determine whether one or more of the requirements of the Financial Proposal are missing, incomplete or patently insufficient. If the Financial Quotation is complete, the BAC shall rate it “passed” and shall proceed with the evaluation of the Quotation. Only quotations that are determined to contain all the bid requirements for both Technical and Financial components shall be rated “passed” and shall be considered for evaluation and comparison. After the preliminary examination of quotations, the BAC shall immediately conduct a detailed evaluation of all quotations rated “passed,” which shall include a consideration of the following: i. The quotation must be complete; ii. The quotation must be balanced; iii. Minor arithmetical corrections to consider computational errors and omissions shall be made to enable proper comparison of all eligible quotations; iv. All quotations shall be evaluated on equal footing. 102 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d v. Quotation prices in words, unit prices, and unit cost in the bill of quantities shall prevail in case of discrepancy. However, in case of discrepancy between the quoted price and the evaluated quotation, the latter will prevail at all times. Based on the detailed evaluation of quotation, those that comply with the above-mentioned requirements shall be ranked in ascending order of their total calculated quotations, as evaluated and corrected for computational errors, and other modifications, to identify the Lowest Calculated Quotation (LCQ). 13. Post-qualification: The BAC with the assistance of the TWG verifies and validates the compliance of LCQ with the legal, financial and technical requirements of the quotation. The legal requirements are verified if all required licenses and other documents submitted are valid and in order. The technical requirements are verified to prove compliance of the works offered with the requirements of the contract and bidding documents. The financial requirements are validated to ensure that the bidder can sustain the operating cash flow of the transaction. If the LCQ passes the post-qualification, the BAC declares it as the Lowest Calculated and Responsive Quotation (LCRQ) and issues a Notice of Award (NOA). If the bidder with the LCQ fails to pass post qualification, the BAC shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. Immediately after the BAC has notified the first contractor of its post-disqualification, the BAC shall initiate and complete the same post-qualification process on the contractor with the second LCQ. If the second lowest contractor passes the post-qualification, the BAC shall declare the second lowest contractor as the LCRQ. The C/BSPMC shall then award the contract. If the second LCQ, however, fails the post-qualification, the procedure for post-qualification shall be repeated for the contractor with the next LCQ, and soon until the LCRQ, is determined for award. If no contractor passes post-qualification, the BAC shall issue a Resolution declaring a failure of procurement. 14. Evaluation process is Confidential: Information related to the examination, evaluation, comparison and clarification of quotations and recommendation for contract award shall not be disclosed until Notice of Award (NOA) has been issued to the successful bidder. Any effort from a contractor to influence decision of the BAC, PT or C/BSPMC will result in the rejection of his/her quotation. 15. Notification of Award and Signing of Contract: The C/BSPMC shall notify the LCRQ of the award in writing prior to the expiration of the validity period of the Quotation. The Notice of Award (NOA), together with the contract, will state the amount that the C/BSPMC shall pay the winning bidder in consideration of the construction and execution of the works prescribed under the Contract. The BAC shall schedule the signing of the contract with the winning contractor who will then post the required performance security. 16. Performance Security: The performance security shall be posted in favor of the community, and will be forfeited in its favor in the event that the winning bidder fails to perform any of its obligations under the contract. The winning contractor should furnish the community with the performance security in accordance with 103 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d the Conditions of the Contract, within a maximum period of five (5) calendar days from signing of the contract. It must at least be co-terminus with the period of completion of the contract. The performance security shall be in any of the following forms, with the corresponding required amount: FORM OF PERFORMANCE SECURITY MINIMUM AMOUNT a. Cash, cashier’s check, manager’s check, or 5% of Contract Price b. Bank guarantee confirmed by a reputable bank; 10% of Contract Price Reputable Bank – refers to a bank that is recognized and a member of the Philippine Deposit Insurance Corporation (PDIC). All checks and bank guarantees for performance security shall be issued in favor of the C/BSPMC. Cash and checks shall be deposited in the C/BSPMC Account. There shall be a corresponding change for Performance Security posted by the winning contractor in the following instances: (a) issuance of a Variation/Change Order; (b) partial completion of works. The C/BSPMC may release the performance security to the winning contractor after the issuance of the Certificate of Completion and Acceptance of the works, if there are no claims for labor and materials filed against the contractor. 17. Notice to Proceed: Within three (3) calendar days from the signing of the contract and the posting of performance security, the C/BSPMC shall issue its Notice to Proceed (NTP) to the winning contractor. Unless otherwise specified in the contract, a contract is effective upon receipt of the NTP. If an effectivity date is provided in the NTP, such date shall not be later than seven (7) calendar days from issuance. 104 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d BID DATA SHEET BID DATA SHEET FOR WORKS PROCURED THROUGH COMMUNITY SHOPPING FOR WORKS Name of Barangay Sub-Project:____________________ Contract Package No.: _________ 1.0 The Sub-Project Owner is: Barangay Sub-Project Management Committee of (insert Name of Barangay, Municipality, Province) 2.0 The required completion date shall be within the approved contract duration. The Contract Duration is ___________________ Calendar Days 3.0 The works are: (insert data here) Item No. _______ _______ _______ _______ _______ _______ Item of Works ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ Quantity ____________ ____________ ____________ ____________ ____________ ____________ ( Refer to the Community Procurement Plan: CPP ) 4.0 The Site Visit and Inspection is required on: _________________ (insert exact date, time and place of assembly) 5.0 The Contractors’ Conference is scheduled on: _________________ (insert exact date, time and place of meeting) 6.0 For the procurement of works, the Bidder must have completed the following: a) Experience in completing a single contract that is similar in nature to the works to be procured whose value must at least be fifty percent (50%) of the bid amount. However, those firms/companies established three (3) years and below who failed to comply with the minimum required amount for a single contract is allowed to bid, provided, that the Technical Person/s to be assigned for the contract have relevant/related experience/s on the contract to be bid. The Notarized Certificate of Employment/Appointment Letter and Resume/Curriculum Vitae reflecting their relevant experiences shall form part of the Bid Proposal. 105 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 7.0 A. ELIGIBILITY DOCUMENTS Legal Documents a. Valid license issued by the Philippine Contractors Accreditation Board (PCAB) b. Department of Trade and Industry (DTI) Certificate of Business Name Registration for Sole Proprietorship; SEC Registration Certificate for Corporations; CDA Registration Certificate for Cooperatives; c. Valid and current Business/Mayor’s permit/municipal license from the bidders principal place of business; d. Notarized statement that none of the officers / directors / controlling stockholders / members /owners of the firm are related by consanguinity or affinity up to the 1st civil degree to the BSPMC Chairperson or employees of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who have direct access to information that may substantially affect the result of the bidding, such as, but not limited to, the members of the Bids and Awards Committee (BAC), the members of the Technical Working Group (TWG), the Procurement Team (PT), and the designer/s of the Sub-project. Technical Documents a. Statement of experience in completing similar government and private contracts, to be attached with proofs such as Contract Agreement, Notice of Award, Notice to Proceed, Certificate of Completion and Acceptance; b. Statement of all ongoing government and private contracts including contracts awarded but not yet started with information on the status of physical accomplishment; c. Statement on the availability of key personnel that may be used for construction contracts; d. Statement on the availability of equipment may be used for construction contracts; Financial Documents a. Audited financial statements, stamped “received” by the BIR or its duly accredited and authorized agents, for the immediately preceding calendar year; b. Computation of Net Financial Contracting Capacity (NFCC) 8.0 B. TECHNICAL PROPOSAL a. Authority of the Signatory (Board Resolution if the bidder is a corporation or a cooperative, a Partnership Resolution if the bidder is a Partnership) b. Construction schedule (bar chart or PERT/CPM) and S-curve c. Manpower schedule (weekly or monthly scheduling of skilled and unskilled workers, including the Project Manager, Project Engineers, Materials Engineers, and Foremen); d. Construction methods (narrative description of how the contractor will undertake the works under the contract); e. Organizational chart for the contract to be bid; f. List of contractor’s key personnel (viz. the Project Manager, Project Engineers, and Foremen), to be assigned to the contract to be bid, their complete qualification and experience data, and the key personnel’s signed written commitment to work on the contract once awarded to the contractor g. List of contractor’s equipment units pledged for the contract to be bid which are owned (supported by proof/s of ownership), leased, and/or under purchase agreements (with corresponding engine numbers, chassis numbers and/or serial numbers), supported by certification of availability of equipment from the equipment lessor/vendor for the duration of the contract 106 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 9.0 h. Equipment utilization schedule (weekly or monthly scheduling of the minimum equipment required for the contract); i. Certificate of Site Inspection for Works (issued by the BSPMC) j. Construction safety and health program of the contractor k. Omnibus Sworn Statement (Affidavit) Financial proposal shall include the following: C. FINANCIAL PROPOSAL a. Financial proposal sheet (filled-up RFQ or Bill of Quantities or Summary of Bids) b. Detailed estimates including a summary sheet indicating the unit prices of construction materials, labor rates and equipment rentals used, indicating also the direct and indirect costs, in coming up with the bid; and c. Cash flow by the quarter and payments schedule 10.0 Quotation shall be offered in: (BAC/PT to select appropriate mode) [ ]Unit Prices [ ] Lump Sum [ ] Combination of both 11.0 The validity period of the quotation shall be no more than forty-five (45) calendar days from the date of opening quotation on: (insert date of bid opening). 12.0 Quotation must be addressed as follows The C/BSPMC Chairperson Barangay Community Project Committee-Name of Barangay Municipality/Province Quotations may be delivered by hand, mail, or messenger/courier and must be received by the above address not later than date specified in 11.0 14.0 Quotations shall be opened on opening of quotation date, time and place as indicated in the Request for Quotation for Works. 15.0 The performance security shall be posted in favor of C/BSPMC. The form of performance security shall either be: a. Cash, cashier’s check/manager’s check:(5%) of contract price or b. Bank guarantee confirmed by a reputable bank: 10 % of contract price The validity period of the Performance Security shall be up to the 100% completion and acceptance of the contract by the BSPMC. Reputable Bank – refers to a bank that is recognized and a member of the Philippine Deposit Insurance Corporation (PDIC). Note: To be filled-up by the BAC/PT before the issuance of Request for Quotation, issuance of bidding documents and will form part of the Bidding Documents. 107 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d SECTION III: CONDITIONS OF CONTRACT FOR COMMUNITY SHOPPING FOR WORKS 1. Definitions: a. Owner means the Community of (Specify the name of the Barangay, Municipality, Province) through the Barangay Sub-Project Management Committee (C/BSPMC) as represented by its Chairman. b. Bill of Quantities and/or Summary of Bids refer to a list of the specific items of the Work and their corresponding unit prices, lump sums, and/or provisional sums. c. The Completion Date is the date of completion of the Works as certified by the C/BSPMC. The Completion date is _________________. The C/BSPMC may agree to revise the Completion Date subject to prior clearance from the Regional Project Management Office (RPMO. d. Contract is the contract between the C/BSPMC and the Contractor to execute, complete, and maintain the Works. e. The Contractor is the juridical entity whose proposal has been accepted by the C/BSPMC and to whom the Contract to execute the Work was awarded. f. Contract Price is ___________________________ (P_________). g. Contract Time Extension is the allowable period for the Contractor to complete the Works in addition to the original Completion Date stated in this Contract. h. Days are calendar days; months are calendar months. i. Defect is any part of the Works not completed in accordance with the Contract. j. Defects Liability Period is 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. k. Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to construct the Works. l. Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works. m. Project Supervisor is the person appointed by the C/BSPMC and who is responsible for day to day supervising the execution of the Works and administering the Contract. The designated Project Supervisor for this contract is ___________________. n. Specification means the description of the Works included in the Contract and any modification or addition made or approved by the C/BSPMC. o. The Site is located at _________________________. 108 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d p. The Start Date is _________________________. It is the date indicated in the Notice to Proceed for commencement of the Works. q. The Variation is an instruction given by the C/BSPMC, which changes the scope of the original work requirements. In case of materials and drawings alteration this should have prior clearance from the RPMO. r. Works refer to the Permanent Works and Temporary Works to be executed by the Contractor in accordance with this Contract. 2. Possession of Site: 2.1. On the contract start date, the C/BSPMC shall grant the Contractor possession of the Site as may be required to enable it to proceed with the execution of the Works. 2.2. If the Contractor suffers delay or incurs cost from failure on the part of the C/BSPMC to give possession, the Contractor shall be given a Contract Time Extension. The Contractor shall bear all costs and charges for special or temporary right-of-way required by it in connection with access to the Site. The Contractor shall also provide at his own cost any additional facilities outside the Site required by it for purposes of the Works. 3. The Contractor’s Obligations and Responsibilities: 3.1 3.2 3.3 3.4 3.5 The Contractor shall carry out the Works properly and in accordance with this Contract. The Contractor shall provide all supervision, labor, materials, plant and equipment, which may be required. The Contractor shall commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program of Work. The Contractor shall be responsible for the safety of all activities on the Site. During Contract implementation, the Contractor and his subcontractors shall abide at all times by all labor laws, and other relevant rules which may be applicable to the works. Among such regulations or laws are: a) Employment of skilled and unskilled local labor shall include women, where applicable, and shall receive equal compensation with men. 100% unskilled labor force shall come from the barangay where the community project is located. The contractor shall also comply with the rules on hours and conditions of work, general health regulations, and safety and health precautions. b) Traffic regulations, including provision of adequate warning signs and traffic barriers. c) Environmental protection. The Contractor shall carefully plan and conduct his works in a manner, which will minimize the negative impact on the environment. In particular, the Contractor shall not interfere with or pollute in any way irrigation channels or watercourses. Borrow pits shall only be worked at the location and in particular, the pits shall be left in a condition that it is not a safety or a health hazard due to stagnant water collection. 3.6 The Contractor must keep the site reasonably free from all unnecessary obstruction. It must remove any equipment, surplus materials and the site must be clear of any wreckage, rubbish or temporary works that are no longer required. Upon the issuance of the Certificate of Acceptance, the Contractor shall remove from the site, all equipment, surplus material, rubbish 109 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 3.7 and temporary works of every kind. It must leave such part of the site and works clean and in a workmanlike condition to the satisfaction of the Project Supervisor. Unless otherwise provided for in the contract, the contractor must turnover to the C/BSPMC all excess, used, unused and/or reusable materials paid for in the contract such as, formworks, safety gadgets and devices, etc. 4. Subcontracting: 4.1 4.2 4.3 4.4 The Contractor may be allowed to subcontract a material or significant portion of the contract or project, which must not exceed fifty percent (50%) of the total bid cost. Except if otherwise provided by the contract, the Contractor shall not subcontract any part of the works without the prior consent of the C/BSPMC Chairperson. This consent shall not relieve the Contractor of any liability or obligation under the contract. All subcontracting arrangements must be disclosed at the time of bidding, and subcontractors must be identified in the bid submitted by the contractor. For them to be allowed to do so, subcontractors should also pass the eligibility check for the portions of the contract that they will undertake. Eligibility requirements of the Sub-contractor shall form part of the proposal. The Contractor shall be responsible for the acts, defaults and neglects of any subcontractor as fully as if these were its own acts, defaults or neglects, or those of its agents, servants or workers. 5. Contractor’s Program and Schedule of Works: 5.2 5.3 5.4 Within five (5) days of the written notification of award, the Contractor shall submit to the Project Supervisor for approval a Program showing the general methods, arrangements, order, and timing for all activities of the Works. The C/BSPMC approval of the Program shall not change the Contractor’s obligations. The Contractor may revise the Program and submit it to the Project Supervisor again at any time. A revised Program will show the effect of the changes. The Contractor shall provide updated Activity Schedules within Seven (7) days of being instructed by the Project Supervisor. The activities on the Activity Schedule will be coordinated with the activities of the Program. The Contractor shall carry out and complete all the activities in accordance with the scope of works specified in the Contract. 6. Inspection and Tests 6.1 6.2 6.3 All materials, plant/s and workmanship shall be of the kind described in the contract and in accordance with the instructions of the Project Supervisor. To ensure that this is the case, these materials, plant/s and workmanship will be subjected, from time to time, to such tests as the Project Supervisor may require. The Project Supervisor must, at all reasonable times, have access to the site and to all workshops and places where materials or plant are being manufactured, fabricated or prepared for the works. The Project Supervisor shall be entitled to inspect and test these materials and the plant or plants where these materials are manufactured or fabricated, and/or prepared. If, at the time and place agreed above, the materials or plant are not ready for inspection or testing, the Project Supervisor may reject these materials or the plant and must notify the Contractor of such rejection immediately. The notice must state the Project Supervisor’s objection and the reasons for the objection. The Contractor, for its part, must then promptly ensures to replace the rejected materials or plant that complies with the contract. 110 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 6.4 6.5 The Project Supervisor will determine, after consultation with the Contractor, all the costs incurred in the repetition of the test or tests. These costs are recoverable from the Contractor by the C/BSPMC and may be deducted from any monies due to the Contractor. To help ensure the quality of materials being used in infrastructure projects, the Bureau of Research and Standards (BRS) of the DPWH, the DOST or the DTI shall accredit the testing laboratories that can be used in C/BSPMC infrastructure projects. All C/BSPMCs implementing infrastructure projects must use only these laboratories. Only tests done by these laboratories shall be recognized and accepted, except for the testing of new materials to be undertaken through procedures approved by the DPWH Secretary. 7. M easurement of Works: 7.1 The Project Supervisor must measure the value of the works actually in-place in accordance with the contract. This measurement will be the basis for the payment that will be made to the Contractor in accordance with the Statement of Work Accomplished. The Contractor shall attend or send a qualified representative to assist the Project Supervisor in making such measurement; and supply all particulars required by the Project Supervisor. 8. Contract Price and Payment: 8.1 8.2 8.3 8.4 The method and conditions of payment shall be specified in the contract. Any kind of payment, including advance and progress payments, must be made by the C/BSPMC in no case later than thirty (30) days after the submission of an invoice or claim by the Contractor, accompanied by documents submitted pursuant to the contract, and upon fulfillment of other obligations stipulated in the contract. The C/BSPMC must also ensure that all accounting and auditing requirements are met prior to payment Price escalation is not allowed. For the given scope of work in the contracts awarded, the price must be considered as a fixed price. The first progress payment may be paid by the C/BSPMC to the contractor after 30% of the work had been accomplished. Thereafter, payments can be made upon submission of Progress Billing or a request for payment for work accomplished. The TF or Municipal Engineer must verify such request for payment, including the Statement of Work Accomplished by the contractor. Materials and equipment delivered on the site but not completely put in place shall not be included for payment. The C/BSPMC has the right to deduct from the contractor’s progress billing such amount as may be necessary to cover third party liabilities. It must not process any progress payment unless the discovered defects are corrected. 9. Advance Payment: 9.1 9.2 The contractor has the option to claim for advance payment equivalent to 15% of the contract price subject to the submission of: i) a certification from the TF that equipment and materials are already on the jobsite and, ii) a bank guarantee equivalent to the amount requested within three (3) calendar days. The C/BSPMC shall recover the advance payment by deducting from the progress payments until the advance is fully recouped within the duration of the contract, and before full payment is made to the Contractor. 111 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 10. Retention M oney: 10.1 The C/BSPMC shall deduct the “Retention money” equal to ten percent (10%) of the progress payments to cover the uncorrected discovered defects and third party liabilities. 10.2 This is equivalent to 10% of all progress payments. The 100% retention money will be released to the Contractor upon issuance of the Certificate of Final Acceptance by the BSPMC through the recommendation of the Project Supervisor. This is mandatory for all contracts costing PhP 1M or more in addition to Performance Security. For contracts less than PhP 1M, retention money is deducted only from the progress billing when there is no Performance Security posted. 10.3 The “retention money” shall be due for release after the defects liability period. The Contractor may request the C/BSPMC that, instead of retention money being withheld from each progress billing, it issues in favor of the C/BSPMC, a bank guarantee in an amount equivalent to the retention money substituted for. They must also be valid for a duration to be determined by the C/BSPMC and will answer for the purpose for which the ten percent (10%) retention is intended. The refund shall not be subjected to Withholding Tax. 10.4 In case the community account is about to close before the end of the defects liability period, as mandated by the Program, the C/BSPMC shall require the Contractor to convert the retention money to bank guarantee from a reputable bank. Upon receipt of the bank guarantee, the Barangay Treasurer shall prepare a Disbursement Voucher and issue a check equal to the amount of retention. 11. Final Payment: 11.1 The Contractor may request for final payment upon one hundred percent (100%) completion of the work. Whatever balance remains of the amount that is needed in order to return to the C/BSPMC the fifteen percent (15%) advance payment previously made and the c omputed liquidated damages, if any will reduce this payment. 12. Variation Orders: 12.1 Variation Orders may be issued by the C/BSPMC to cover any increase/decrease in quantities, including the introduction of new work items that are not included in the original contract or reclassification of work items that are either due to change of plans, design or alignment to suit actual field conditions resulting in disparity between the preconstruction plans used for purposes of bidding and the “as staked plans” or construction drawings, provided that the cumulative amount of the Variation Order does not exceed ten percent (10%) of the original project cost. The addition/deletion of Works should be within the general scope of the project as bid and awarded. 12.2 A Variation Order may either be in the form of a Change Order or Extra Work Order. A Change Order may be issued by the C/BSPMC to cover any increase/decrease in quantities of original Work items in the contract. An Extra Work Order may be issued by the C/BSPMC to cover the introduction of new work necessary for the completion, improvement or protection of the project that were not included as items of Work in the original contract. 112 | C o m m u n i t y B a s e d P r o c u r e m e n t M a n u a l : B o o k 2 ( M a r c h 2 0 1 7 3 r d Edition) 12.3 Any cumulative Variation Order beyond ten percent (10%) shall be subject of another Contract to be bid out if the works are separable from the original contract. However, if these adjustments are urgently necessary to complete the original scope of work, the C/BSPMC Chairperson, on the recommendation of the Technical Facilitator (TF) or the Municipal Engineer and concurrence by the Regional Program Management Office (RPMO), may authorize the Variation Order beyond ten percent (10%) but not more than twenty percent (20%). 12.4 The payment to the contractor for additional work under Variation Orders, must be derived based on the following: a. For additional/extra works duly covered by Change Orders, involving work items which are the same or similar to those in the original contract, the applicable unit prices of work items in the original contract shall be used. b. For additional/extra works duly covered by Extra Works Orders involving network items that are not in the original contract, the unit prices will be based on the direct unit costs used in the original contract (e.g., unit cost of cement, rebars, form lumber, labor rate, equipment rental, etc.). All new components of the new work item shall be fixed prices, provided the same is acceptable to both the C/BSPMC and the Contractor. The direct unit costs of new components must also be based on the Contractor’s estimate as validated by the C/BSPMC. The C/BSPMC must validate these prices through a documented canvass among three eligible suppliers in accordance with existing rules and regulations. The direct cost of the new work item must then be combined with the mark-up factor (i.e. taxes and profit) used by the Contractor in his bid to determine the unit price of the new work item. 13. Suspension of Work: 13.1 The C/BSPMC has the authority to suspend the work wholly or partly by written order due to the following: i. Force majeure or any fortuitous event; or ii. Failure on the part of the contractor to: a. Correct bad conditions which are unsafe for workers or for the general public; b. Carryout valid orders given by the Project Supervisor; c. Perform any provisions of the contract; or d. Adjustment of plans to suit field conditions as found necessary during construction. 13.2 The contract shall specify a period of three (3) calendar days from date of receipt of the written order or notice for suspension of work, after which the said order may take effect and the Contractor, shall immediately comply. 13.3 The Contractor has the right to suspend work operation on any or all projects/activities along the critical path of activities due to any of the following: i. There exist right-of-way problems, that prohibit the Contractor from performing work in accordance with the approved construction schedule; ii. Peace and order conditions make it extremely dangerous, if not impossible, to work, such conditions having been certified in writing by the PNP station which has responsibility over the affected area; iii. There is a failure on the part of the C/BSPMC to deliver government–furnished materials and equipment as stipulated in the contract; or iv. The non-payment of the Contractor’s claim for progress billing beyond forty-five (45) Calendar days from the time the claim has been certified by the C/BSPMC Chairperson as having been supported by complete documentation, unless there are justifiable reasons that shall be communicated in writing to the Contractor. 113 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 13.4 The Contractor may suspend work within ten (10) calendar days after the C/BSPMC Chairperson has received a written notice of the suspension of work. 13.5 Suspension of work and extension of time is considered only in cases when the suspension of activities along the critical path is not due to the fault of the contractor. In such cases, the elapsed time between the effective order suspending operation and the order to resume work shall be allowed the Contractor by adjusting the contract time accordingly. 14. Contract Time Extension: 14.1 The contracts may be extended under the following conditions: i. There are additional works or other special circumstances that would entitle the Contractor to an extension of its contract; ii. The affected activities fall within the critical path of the PERT/CPM network; iii. The Contractor shall have notified the C/BSPMC that the amount of additional work or the occurrence of the special circumstance merits the extension of its contract, and that it had done so before the expiration of the contract and within thirty (30)calendar days after the start of the additional work or when the special circumstance has arisen; and; iv. The C/BSPMC, after due investigation and on the recommendation of the TF and the Municipal Engineer finds the request justified, determines the appropriate extension period, and approves the request of the Contractor for contract extension. 14.2 If the Contractor fails to notify the C/BSPMC within the period provided for, it waives any claims to contract extension. 14.3 No contract extension must be given to a Contractor due to: i. Ordinary unfavorable weather conditions, in that such weather conditions had already been taken into consideration and anticipated in the computation of the unworkable days, and; ii. Inexcusable failure or negligence of the Contractor to provide the required equipment, supplies or materials. 14.4 Some special circumstances to be considered for contract time extension: i. Major calamities such as exceptionally destructive typhoons, floods and earthquakes, and epidemics; ii. Untimely delivery of BSPMC’s contract obligation such as, materials, working drawings, or written information; iii. Non-acquisition of permit to enter private properties within the right-of-way resulting incomplete stoppage of construction activities; iv. Region-wide or nationwide shortage of construction materials, as certified by the DTI Secretary; v. Region-wide or nationwide general labor strikes, as certified by the DOLE Secretary, and; vi. Serious peace and order problems as certified by the Municipal Chief of Police. 14.5 If a Contractor incurs a delay and wishes to request for an extension of the completion of construction period: i. ii. It must submit a written request to the PIT for an extension of the completion of construction period, citing the reason/s for such delay. The PIT shall either approve or disapprove the request for extension. 114 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d iii. iv. If the extension is granted, the liquidated damages shall not be imposed and the contractor will be so informed in writing. If the request for extension is denied, the PIT shall inform the Contractor in writing of such denial, and ensure that the latter receive the said notice or communication within reasonable time from receipt of the request for extension. The C/BSPMC then imposes the liquidated damages in accordance with the provisions of the contract and the procedures outlined below. 15. Delays in Work Completion and Liquidated Damages: 15.1 The Contractor must complete the work within the period prescribed by the C/BSPMC as specified in the contract. 15.2 If delays are likely to occur at any time during the contract, the Contractor/Supplier shall notify the C/BSPMC Chairperson in writing. The C/BSPMC Chairperson may grant time extensions based on meritorious grounds. 15.3 In all cases, the request for extension shall always be filed before the expiry of the original completion date. Maximum allowable extension shall not exceed the original construction period. 16. Liquidated Damages (LD) 16.1 When the Contractor refuses or fails to complete satisfactorily the works under the contract within the specified contract duration, plus any time extension duly granted, and is thus considered in default under the contract, it will be liable for liquidated damages for the delay. In case of delay in completion, “Liquidated damages will be deducted to the final payment. The basis of computation of LD is one percent (1%) of the cost of all the remaining works, goods or services, scheduled for delivery or to be performed, after the deadline until completion of the deliverables. Number of days shall be based from the agreed completion date (or deadline of delivery) until the actual completion date (or full delivery). Regardless of progress (or delivery made) in between the agreed completion vs actual completion and acceptance date by the BSPMC. (Weekends, and holidays included); otherwise, 1/10 of 1% for contracts higher than 10M. 16.2 The C/BSPMC need not prove that it has incurred actual damages to be entitled to liquidated damages from the Contractor, and the same shall not be by way of penalty. Such amount shall be deducted from any money due or which may become due the Contractor under the contract and/or from the retention money or other securities posted by the Contractor, whichever is convenient to the C/BSPMC. In no case shall the sum of liquidated damages exceed ten percent (10%) of the contract amount. If it does, the contract deemed automatically terminated by the C/BSPMC, without prejudice to other courses of action and remedies available to it. Should the BSPMC opted not to terminate the contractor due to valid concerns, the contract may continue provided that “extended days” are still subject to liquidated damages. 16.3 The C/BSPMC may also take over the contract or award the same to qualified contractor through direct contracting. In addition to the liquidated damages, the erring Contractor’s performance security shall also be forfeited in full. 115 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 17. Contract Completion: 17.1 Once the subproject reaches an accomplishment level of ninety percent (90%) of the total contract amount and/or prior to the release of the last tranche, the Contractor or the Technical Facilitator shall request the BSPMC Chairperson for a joint inspection. The BSPMC Chairperson shall create a Joint Inspection Team (JIT) (composed of the Municipal Engineer, Technical Facilitator, PIT Representative, Bookkeeper, and Area Coordinator, among others) to conduct preliminary inspection, prepare a joint inspection report, and submit a punch-list within a period of fifteen (15) days. The Joint Inspection Report shall highlight the findings of the JIT as to the condition of the subproject with the form found in CBIM Form B-9. The punchlist will contain, among others, the remaining works, work deficiencies for necessary corrections, and the specific duration/time to fully complete the subproject considering the approved remaining contract time. 17.2 The Contractor shall complete the items in the punch-list in preparation for the final turnover of the subproject. If the Final Account is still unsatisfactory after it has been resubmitted, the TF or the Municipal Engineer shall decide on the amount payable to the Contractor and issue a payment certificate. 17.3 The Contractor shall request the BSPMC to issue a certificate of completion and acceptance of the Works upon completion of the punch-list (CBIM Form C-14). The TF or Municipal Engineer will recommend the issuance of such a certificate when he determines that the work is satisfactorily completed. The BSPMC shall take possession of the site within seven (7) days upon issuance of certificate of completion and acceptance of the Works. 17.4 The Contractor shall supply the TF or Municipal Engineer with a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The TF or Municipal Engineer shall issue a Defects Liability Certificate after the Contractor 55 has fulfilled its obligation under the Contract and certify any final payment that is due to the Contractor within fifteen (15) days of receiving the Contractor’s account is correct and complete. 17.5 Upon issuance of the certificate of completion and acceptance and the possession of the subproject site, the BSPMC Chairperson with the assistance of the CEF and the TF shall submit a Subproject Completion Report (CBIM Form C-15) to the AC to certify to the completion of the subproject. 18. Warranty and Defects Liability Period 18.1 A warranty is required to ensure that the Contractor will correct structural defects and failures. A one-year period after the completion of the project, called the defects liability period, is observed until final acceptance by the C/BSPMC. 18.2 The Contractor shall assume full responsibility for the contract work within the defects liability period and shall be held responsible for any damage or destruction of the works except those occasioned by force majeure. During this period, the Contractor shall undertake the repair works, at his own expense, of any damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the C/BSPMC Chairperson has issued an order to undertake repair. 18.3 The Defects Liability Period shall be extended for as long as defects remain uncorrected. Every time notice of a defect is given, the Contractor shall correct the notified defect within the length of time specified. 18.4 In case of Contractor’s failure or refusal to correct a defect within the time specified by the order, the C/BSPMC shall undertake such repair works and shall be entitled to full 116 | C o m m u n i t y B a s e d P r o c u r e m e n t M a n u a l : B o o k 2 ( M a r c h 2 0 1 7 3 r d Edition) reimbursement of expenses incurred upon demand at the cost of the contractor. The Project Supervisor will assess the cost of having the defect corrected. The C/BSPMC shall recover these amounts by deducting from the amounts due to the Contractor. 18.5 Any Contractor who fails to comply with the preceding paragraphs shall suffer perpetual disqualification from participating in any KC-NCDDP projects. 18.6 After final acceptance of the project, the Contractor shall be held responsible for structural defects and/or failure of the completed project within the warranty or defects liability period (as provided in Sec 62 of the Revised IRR of RA 9184) from final acceptance, except those occasioned by force majeure and those caused by other parties. 19. Contract Termination Termination of Contract for Default: The C/BSPMC Chairperson may terminate a contract for default when any of the following conditions attend its implementation: i. ii. iii. 19.1 19.2 Due to the Contractor’s fault and while the project is on-going, it has incurred negative slippage of fifteen percent (15%) or more; Due to the Contractor’s fault and after the contract time has expired, it has incurred a negative slippage of ten percent (10%) or more in the completion of the work; or The Contractor: a. Abandoned the contract works, refuses or fails to comply with a valid instruction of the Project Supervisor or fails to proceed expeditiously and without delay despite a written notice by the C/BSPMC; b. Failed to deploy on-site minimum required Equipment listed on the quotation that is necessary to execute the works in accordance with the approved work plan and equipment utilization schedule; c. Did not execute the works in accordance with the contract or persistently or deliberately neglects to carry out its obligations under the contract; d. Neglects or refuses to remove materials or to perform a new work that has been rejected as defective or unsuitable; or e. Sub-contracts any part of the contract works without approval by the C/BSPMC. The Project Supervisor shall issue a certificate for the value of the work completed and for the materials already ordered LESS the advance payments received up to the date of the issuance of the certificate. If the total amount payable to the C/BSPMC exceeds any payment due to the Contractor, the difference shall be a debt payable by the Contractor to the C/BSPMC. The rescission of the contract shall be accompanied by the confiscation of the Contractor’s performance security that shall be used by the C/BSPMC to complete the remaining works or for further improvement of the community project. The Contractor shall also be recommended for blacklisting in all KC-NCDDP procurements. The Contractor shall be paid based on actual value. Termination of Contract for Unlawful Acts: 19.3 The C/BSPMC may terminate the contract in case it is determined prima facie that the Contractor has engaged, before or during the implementation of the contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Unlawful acts include, but are not limited to, the following: i. Corrupt, fraudulent, collusive and coercive practices; ii. Drawing up or using forged documents; 117 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d iii. Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and iv. Any other act analogous to the foregoing. 19.4 The Contractor shall be paid based on actual value of works. Termination of Contract at the Instance of the Contractor: 19.5 The Contractor may terminate its contract with the C/BSPMC if the works are completely stopped for a continuous period of at least sixty (60) calendar days through no fault of its own, due to any of the following reasons: i. Failure of the C/BSPMC to deliver, within a reasonable time, supplies, materials, right-ofway, or other items it is obligated to furnish under the terms of the contract; or ii. The execution of the work is disrupted by the adverse peace and order situation, as certified and approved by the Municipal Chief of Police. 19.6 The Contractor must serve a written notice to C/BSPMC of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The contract is deemed terminated if the C/BSPMC Chairperson does not resume it in thirty (30) calendar days after the receipt of such notice. 19.7 In cases of termination, the C/BSPMC shall return to the Contractor its performance security and shall pay unpaid claims based on actual value of works. Termination of Contract for Convenience: 19.8 The C/BSPMC Chairperson, by written notice sent to the Contractor, may terminate the contract, completely or in part, at any time for its convenience. The notice of termination shall specify that the termination be for the C/BSPMC’s convenience, the extent to which performance of the Contractor under the contract is terminated, and the date upon which such termination becomes effective. 19.9 Any of the following circumstances may constitute sufficient grounds to terminate contract for convenience: i. If physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible, as determined by the C/BSPMC Chairperson; ii. The C/BSPMC Chairperson has determined the existence of conditions that make project implementation impractical and/or unnecessary, such as, but not limited to, fortuitous event/s, changes in laws and government policies; iii. Funding for the project has been withheld or reduced by higher authorities through no fault of the C/BSPMC; iv. Failure of the C/BSPMC to acquire the necessary right-of-way; or v. Any circumstance analogous to the foregoing. Termination of Contract due to Force M ajeure: 19.10 Either party may terminate the Contract by giving a thirty (30) day notice to the other for events beyond the party’s control, such as wars and acts of God such as earthquakes, floods, fires, etc. 20. Settlement of Disputes: 20.1 The C/BSPMC and the Contractor shall make every effort to resolve amicably by direct negotiations any disagreement or dispute arising between them under or in connection with the Contract. The disagreement can also be presented to appropriate Grievance Officer/Unit of KC-NCDDP. In case of further disagreement, either party can take the matter to arbitration in accordance with the Law governing the Contract. 118 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form C-1 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ CERTIFICATE OF SITE INSPECTION FOR WORKS This is to certify that the bidder: (insert name of the contractor) has participated in the joint site visit and inspection conducted by the Barangay Sub-Project Management Committee (C/BSPMC) on: (insert date of inspection) at (insert location of the Sub-project) for the completion of works for: (insert name of Sub-project here). This is to further certify that the bidder has visited the known source of aggregates and other indigenous construction materials and has scouted labor force available in the area. This certification is issued to support the bidder’s intent to bid for the above community subproject and shall be submitted as part of the bid requirements. (SIGNATURE OVER PRINTED NAME ) C/BSPMC Chairperson Date:_________________ 119 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form C-2 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________Municipality: ________________________ Province: __________________________ Name of Sub-Project to be Bid:____________________________ Company Name of Bidder:__________________________ Statement of All Completed Government and Private Construction Contracts Similar to the Contract to be Bid Name of the Contract or Title of the Sub-Project a. Owner Name b. Address c. Telephone Nos. Nature / Scope of Work a. Amount at Award b. Amount at Completion c. Duration Government Private Prepared by: Date: _______________________ Name and Signature of the Contractor __________ 120 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) a. Date of Award b. Contract Effectivity c. Date of Completion CBPM Form C-3 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________Municipality: ________________________ Province: __________________________ Name of Sub-Project to be Bid:____________________________ Company Name of Bidder:__________________________ Statement of All On-Going Government and Private Construction Contracts, Including Contracts Awarded but Not Yet Started Name of the Contract or Title of the SubProject Owner’s Name and Address Nature / Scope of Work Total Contract Value Date of Award Value of Estimated % Outstanding Time of Accomplishment Contract Completion Planned Actual A) Government Contracts i. On-going ii. Awarded but not yet started B) Private Contracts i. On-going ii. Awarded but not yet started Prepared by: Date: _______________________ Name and Signature of Contractor __________ 121 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) Contract Duration Start Completed CBPM Form C-4 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Name of Sub-Project to be Bid:__________________________ Company Name of Contractor:__________________________ Net Financial Contracting Capacity Computation (For Works) A. Summary of the Bidder’s Assets and Liabilities based on the attached audited Financial Statements, stamped “RECEIVED” by the Bureau of Internal Revenue or the BIR authorized collecting agent, for the preceding calendar year. Year 1. 2. 3. 4. 5. 6. Total Assets Current Assets Total Liabilities Current Liabilities Net Worth (1 – 3) Net Working Capital (2 – 4) B. Net Financial Contracting Capacity Amount Net Working Capital (6) Multiply by 15 Less: Value of all outstanding and uncompleted portions of sub-projects under on-going contracts including awarded contracts to be started coinciding with contract to be bid Computed NFCC _______________________________ Name and Signature of Contractor Date:___________________________ ________________________________ Authorized Signing Official Note: Please attach the certified true copies of the audited financial statements stamped “RECEIVED” by the Bureau of Internal Revenue or BIR authorized collecting agent for the latest /immediately preceding calendar year. 122 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form C-5 Omnibus Sworn Statement 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 of [Registered Business Name of Bidder] with office address at [address of Bidder]; If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Registered Business Name of Bidder] with office address at [address of Bidder]; 2. Select one, delete the other: If a sole proprietorship: As the owner and sole proprietor of [Registered Business Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Sub-Project] of the Barangay __________ Barangay Sub-project Management Committee (BSPMC). 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 and/or to represent the [Registered Business Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)]; 3. [Registered Business Name of Bidder] 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; 5. [Registered Business Name of Bidder] is authorizing the Barangay Sub-Project Management Committee (BSPMC) Chairperson or its duly authorized representative(s) the BAC, TWG, PT, KC-NCDDP and/or its Funder (ADB/WB etc) to review and examine the records and accounts related to all the documents submitted; 6. None of the officers / directors / controlling stockholders / members /owners of the [insert Registered Business Name of Bidder] are related by consanguinity or affinity up to the 1st civil degree to the BSPMC Chairperson or employees of KC-NCDDP Regional Program Management Office (RPMO) or National Program Management Office (NPMO) who have direct access to information that may substantially affect the result of the bidding, such as, but not limited to, the members of the Bids and Awards Committee (BAC), the members of the Technical Working Group (TWG), the Procurement Team (PT), and the designer/s of the Sub-project. 7. [Registered Business Name of Bidder] complies with existing labor laws and standards; 8. [Registered Business Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examine all of the Bidding Documents; 123 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 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 SubProject]; and 9. [Registered Business 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. SIGNATURE OVER PRINTED NAME [Bidder’s Authorized Signatory] Republic of the Philippines Municipality of ____________ Province of ______________ ACKNOWLEDGEMENT BEFORE ME, Notary Public for and the Municipality of _____________, personally appeared __________________ (name of bidder) with residence certificate No. _________________ issued on ______________ at __________________ in his capacity as Authorized Signing Official or (state the designation of bidder) of _______________________ (name of Bidder’s firm) known to me to be the same person who executed the foregoing Certification and acknowledge to me that the same is his/her true act and deeds for and behalf of the firm he/she represents. This instrument consists of one page including this page on which the ACKNOWLEDGEMENT is written duly signed by the Authorized Signing Officer. IN WITNESS WHEREOF, I have hereunto affixed my signature and seal this ______ day of _____________________, 201__ at ______________________. 124 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form C-6 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Name of Project to be Bid:__________________________ Company Name of Bidder:__________________________ List of Construction Equipment Pledged for Contract to be Bidded (For Works Contracts) Description Model/Year Capacity / Performance / Size Plate No. Motor No. / Body No. A. Owned 1. 2. 3. B. Leased 1. 2. C. Under Purchase Agreements 1. 2. Prepared by: Date: _______________________ Name and Signature of Contractor __________ 125 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) Location Condition Proof of Ownership / Lessor or Vendor CBPM Form C-7 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Name of Project to be Bid:______________ Company Name of Bidder:______________ LIST OF KEY CONSTRUCTION PERSONNEL pledged for the contract to be bid (For Works Contracts) No. Total Related Work Similar Experience (years) Position Experience in Similar Works (years) 1 2 3 4 5 6 7 Please attach Organizational Chart showing lines of communications as well as communications plan for managing communications with key stakeholders. Prepared by: Date: _______________________ __________ Name and Signature of Contractor 126 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form C-8 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ____________________ Province: ____________________ Name of Sub-Project to be Bid:_____________ Company Name of the Contractor:_____________ CURRICULUM VITAE OF KEY PERSONNEL (For Works Contracts) Position: Personnel information Name: Date of birth: Professional qualifications: Present employment Name of employer: Address of employer: Telephone: Fax: Contact: (manager / personnel officer) E-mail: Job title: Years with present employer: Summarize professional experience over the last 10 years, in reverse chronological order. Indicate particular experience relevant to the project. From 127 | C o m m u n i t y To Company / Project / Position / Relevant technical and management experience Based Procurement Manual: Book 2 (March 2017 3 r d Edition) Prepared by: Date: _______________________ __________ Name and Signature of Key Personnel Note: Please prepare one for each k ey personnel. All CVs must be signed and dated. 128 | C o m m u n i t y Based Procurement Manual: Book 2 (March 2017 3 r d Edition) CBPM Form C-9 LETTERHEAD OF BANK BANK GUARANTEE: PERFORMANCE SECURITY To: The Barangay Sub- Project Management Committee (insert name of barangay, municipality, province) (Address of C/BSPMC) WHEREAS (Name and Address of Contractor), hereinafter called “the Contractor” has undertaken, in pursuance to Contract dated _________________ to execute (Name of Contract and brief description of works), hereinafter called “the Contract”; AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligation in accordance with the Contract; AND WHEREAS we have agreed to give the Contract such a Bank Guarantee; NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of _______________________________ (amount of Guarantee in words), such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of ________________________________ (amount of Guarantee) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modifications of the terms of the Contract or of the Works to be performed hereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until the date of completion and acceptance of the contract. Signature and Seal of Guarantor: ________________________ Name of Bank: _________________________ Address: _____________ 129 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form C-10 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Name of Sub-Project: _________________ Company Name of Bidder:_____________ CHECKLIST OF BID REQUIREMENTS FOR CONTRACTORS (Community Shopping for Works Contracts) 1. ELIGIBILITY PROPOSAL Legal Documents _____ Valid license issued by the Philippine Contractors Accreditation Board (PCAB); _____ Department of Trade and Industry (DTI) Certificate of Business Name Registration for Sole Proprietorship; SEC Registration Certificate for Corporations; CDA Registration Certificate for Cooperatives; _____ Valid and current Business/Mayor’s permit/municipal license from the bidders principal place of business Technical Documents ____ Statement of all Completed government and private contracts similar to the Contract to be bid (CBPM Form C-2), to be attached with proofs such as Contract Agreement, Notice of Award, Notice to Proceed, Certificate of Completion and Acceptance; ____ Statement of all ongoing government and private contracts, including contracts awarded but not yet started (CBPM Form C-3), with information on the status of physical accomplishments; ____ Statement on the availability of key personnel pledged for the contract to be bid; ____ Statement on the availability of Equipment pledged for the contract to be bid; Financial: ____ Audited financial statements, stamped “received” by the BIR or its duly accredited and authorized agents, for the immediately preceding calendar year; ____ Computation of Net Financial Contracting Capacity (CBPM Form C-4) 2. TECHNICAL PROPOSAL ____ Authority of the signatory must be submitted in the required form as Board Resolution if the bidder is a corporation or a cooperative or a Partnership Resolution if the bidder is a Partnership;; ____ Construction schedule (bar chart or PERT/CPM) and S-curve; ____ Manpower schedule (weekly or monthly scheduling of skilled and unskilled workers, including the Project Manager, Project Engineers, Materials Engineers, and Foremen); ____ Construction methods (narrative description of how the contractor will undertake the works under the contract; ____ Organizational chart for the contract to be bid; ____ List of key personnel Construction Personnel pledged for the contract to be bid (CBPM Form C-7 130 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ____ ____ ____ ____ ____ ____ List of Construction Equipment (for Works Contracts) pledged for the contract to be bid, (CBPM Form C-6); Curriculum Vitae of Key Personnel (for Works Contracts) (CBPM Form C-8); Equipment utilization schedule (weekly or monthly scheduling of the minimum equipment required for the contract); Certificate of Site Inspection signed by the C/BSPMC Chairperson (CBPM Form C-1); Construction safety and health program of the contractor; Omnibus Sworn Statement (Affidavit) (CBPM Form C-5); 3. FINANCIAL PROPOSAL _____ Financial proposal sheet (using the filled-up RFQ or a Bill of Quantities or Summary of Bids) _____ Detailed estimates including a summary sheet indicating the unit prices of construction materials, labor rates and equipment rentals used, indicating also the direct and indirect costs, in coming up with the bid; and _____ Cash flow by the quarter and payments schedule 4. Other documents: ______ Instruction to Contractors for Community Shopping for Works ______ Bid Data Sheet for Community Shopping for Works Note: Contractors are enjoined to use the KC-NCDDP format in the issued bidding documents for the abovementioned requirements otherwise, it may nullify the proposal. Prepared by: SIGNATURE OVER PRINTED NAME Bidder Date: __________ 131 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ANNEX D: SMALL VALUE PROCUREMENT (SVP) FOR GOODS (OFF-THE-SHELF) List of Items to be Procured (CBPM Form D-1) Survey of Available Suppliers (CBPM Form D-2) 132 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form D-1 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ LIST OF ITEMS TO BE PROCURED THROUGH SMALL VALUE PROCUREMENT Item No. 1. 2. 3 4 5 Items to be Procured Qty. Unit Estimated Cost TOTAL AMOUNT REQUESTED Prepared by: SIGNATURE OVER PRINTED NAME Procurement Team Date: ___________________ FUNDS AVAILABLE BY: SIGNATURE OVER PRINTED NAME Barangay Treasurer Date: ___________________ APPROVED BY: SIGNATURE OVER PRINTED NAME C/BSPMC Chairperson Date: ___________________ CBPM Form D-2 133 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ SURVEY OF AVAILABLE SUPPLIERS Item No. Items to be Procured Qty. Estimated Cost based on Unit Approved POW Price or Variation Order Registered Name of Supplier 1. Canvass Price 2. Canvass Price Actual Purchased Price 3. Canvass Price 1. 2. TOTAL Please encircle the most reasonable price and purchase price (actual) Conducted by: SIGNATURE OVER PRINTED NAME Procurement Team (PT) Date: ___________________ CONFORME: Name of the winning Supplier: SIGNATURE OVER PRINTED NAME Date: ____________ Inspected by: Accepted by: SIGNATURE OVER PRINTED NAME Monitoring and Inspection Team SIGNATURE OVER PRINTED NAME Storekeeper/Bodegero Date:________________ Date:_________________ NOTE: • When the above survey is evaluated and found to be responsive by the PT ‘on-site’, the supplier will sign the above. This will serve as the Purchase Order (PO) and will be used to prepare the payment. 134 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d ANNEX E: PAKYAW CONTRACTS 135 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d CBPM Form E-1 KALAHI-CIDSS NATIONAL COMMUNITY DRIVEN DEVELOPMENT PROGRAM Office of the Barangay Sub-Project Management Committee Barangay: _________________________ Municipality: ________________________ Province: __________________________ Name of Sub-project:________________________ PAKYAW LABOR CONTRACT AGREEMENT This Agreement, made this ______ day of ______ 201__, by and between Sub-Project Management Committee (BSPMC) of Barangay _______, with official address at Barangay ____________, Municipality of ______________, Province of _____________, Philippines herein represented by the BSPMC Chairperson __________________ hereinafter called ‘the Client or the First Party” And (Insert Name of the Pakyaw Group Leader), Pakyaw Group Leader and with official address at Barangay __________, Municipality of __________, Province of ____________, Philippines hereinafter called “Pakyaw Group or the Second Party”. Whereas, the Client needs the services of the Pakyaw Group to execute the works described in the table under Item 4 of the Terms and Conditions as agreed by the Barangay Assembly (BA) conducted on ________________ hereinafter called “the Works”. THAT, both Parties agreed to execute the Works as described under the Terms and Conditions. Now this Agreement witnesseth as follows: 1. In this (no. of pages) pages Agreement, words and expressions shall have the same meanings as are respectively assigned to them. 2. The following document shall be deemed to form and be read and construed as part of this Agreement: - Minutes of the Barangay Assembly - Composition of Pakyaw Group (see attached certification) - General Condition of Contract Agreement (if applicable) - List of Tools provided to the Pakyaw Group - List of Materials to be provided by the Pakyaw Group (if applicable) 3. In consideration of the payments to be made by the Client to the Pakyaw Group as hereinafter mentioned, the Group hereby covenants with the Client to execute and complete the works and remedy any defects therein in conformity in all respects with the provisions of the Contract. 136 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 4. The Contract Cost is (Amount in Words) (Php ________) as described below. I. II. III. IV. Name of Pakyaw Team members Agreed Labor Rate Cash Total Cost In-kind Weight % Unit Description Quantity Work Item (Note: The description of Scope of Works are sample only) SITE WORKS I.2 Structure Excavation Laborer Sub-Total I.3 Gravel Bedding Laborer Sub-Total STRUCTURAL CONCRETE Mason Carpenter Laborer Sub-Total REINFORCING STEEL BARS Steelman Laborer Sub-Total FORMWORKS Carpenter Laborer Sub-Total TOTAL CONTRACT COST: P Amount in Words: 5. The Total In-kind Labor (“Bayanihan”) (if applicable) is (Amount in Words) Php ________ 6. The Group shall employ Women, ideally 30% of the total Pakyaw Group members. Priority shall be given to 4P's and SLP Beneficiaries within the Barangay as applicable. 7. The Client shall provide Personal Protective Equipment (PPE) to the workers. 8. The Client shall pay the Group upon completion and acceptance of the work in accordance to plans and specifications. The details of the work accomplishment shall be reflected in the Statement of Work Accomplished (SWA), verified by the client’s representative, i.e. PIT, TF/ME and approved by the BSPMC Chairperson. 137 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d 9. The payment shall be made in accordance with the guidelines of the Community-Based Finance Manual (CBFM). 10. The Group commits to complete all the works within _____ calendar days. In Witness, whereof the parties hereto have caused this Agreement to be executed this _____ day of 201__. For the Pakyaw Group: For the Client: (SIGNATURE OVER PRINTED NAME) (SIGNATURE OVER PRINTED NAME) Pakyaw Group Leader BSPMC Chairperson Funds Available at the BSPMC Account: Witness SIGNATURE OVER PRINTED NAME SIGNATURE OVER PRINTED NAME Barangay Treasurer Technical Facilitator 138 | C o m m u n i t y Edition) Based Procurement Manual: Book 2 (March 2017 3 r d