Bid Bulletin No. 1_Driving Range and Nichols Loop Property

Republie or tbe Pbilippines 

==~~A 

Orriee or the President 

=....: - .•• 

= =. = •• 

..=-: '-'0 ....., 

Bases Conversion and Development Authority 

ASSET DISPOSITION PROGRAM (ADP) - PHASE 3 

PRIVATIZATION A D DEVELOPMENT 

OF THE16,911.13 SQ.M. PORTION OF DRIVING RANGE 

AND NICHOLS LOOP PROPERTY, PASAY CITY 

ADP-3 Bid Bulletin 

02 November 20 II 

o. I 

I. Final List of Prospective Proponents 

BCDA hereby announces that the prospective proponents that purchased the Terms of Reference 

(TOR) for the privatization and development of the approximately Sixleen Thousand Nine 

Hundred Eleven and 13/100 square melers (16.91/.13 sq.lII.) Portion of Driving Range and 

Nichols Loop Property, Pasay City are as follows: 

1. Avida Land Corporation 

2. Ms. Jessehan P. Perillo (undisclosed principal) 

3. Filinvest Land Inc. 

4. Rockwell Land Inc. 

5. Megaworld Corporation 

6. Jesus is the Lord Church 

7. Robinsons Land Corp. 

11. Highlights of the Pre-Bid Confcrencc 

Herewith, the Prospective Proponents are being furnished with the Highlighls of Ihe Pre-Bid 

Conference held last 26 October 20 I I, 10:00 a.m. at the BCDA Corporate Center, including a 

copy of the Presenlalion given by BCDA during the event (Annex "A"). 

111. Chceklist of Documcntary Requiremcnts 

The Interested Proponents are hereby advised that the eligibility requirements they need to 

submit as part of their bid proposal may vary depending on whether the Interested Proponent is 

participating in the bidding as a Firm/Corporation/Consortium or as an Individual. In order to 

clarify Article V (Request for Proposals), Sub-sections 3.1 (First Envelope: Eligibility 

Documents) and 3.2 (Second Envelope: Final Proposal) of the TOR, the "Cltecklisl oJ 

Ducumet/lary Requireml!t/ls" (including pertinent sample forms) which enumerates the 

documents required from Proponents participating as a Firm/Corporation/Consortium as well as 

the documents required from Proponents participating as individuals, is, herewith, issued to the 

Interested Proponents for their proper guidance (Annex "B"). 

BCDA Corporale Cente.rfV i / 

2IF Bonifacio Technolo~Center~. L,.J' 

r 

31st St.. Crescent Park West., Bomfacio Global tEt). 

Taguig City. 1634 Philippines ftI _'. , 

BCDA 

Iiilii1 iliilliimrillii Illiflmil1'l:I 

082011-0833 

P.O. Box 42. Taguig Post Omce 

_..... Taguig City. Philippines 

7" Tel. No.: (+632) 816-6666 

Fax. No.: (+632) 816-0996 

\

Bases Conversion Development Authority 

IV. Amendments 

to the TOR 

Please be advised of the following amendments to the TOR for the subject bidding: 

Reference 

Amendmen ts/Cha n"es 

Article V. Request for proposals. 

Sub-section 2.5. Bid security. 2 nd sentence is 

Section 2. Financial Proposal Requirements hereby amended as follows: 

Sub-section 2.5. Bid security. 2 nd sentence. 

The purpose of the Bid Security is to ensure 

The purpose of the Bid Security is to ensure that the Winning Proponent or the proposed 

that the Winning Proponent or the proposed awardee of the contract shall within fifteen 

awardee of the contract shall within thirty (15) calendar days from the receipt of the 

fifteen (IS) days from the receipt of the NOA, sign and execute the resulting CTS 

NOA, sign and execute the resulting CTS with BCDA. 

with BCDA. 

Article VI. Evaluation of Proposals 

Section 2. Evaluation of Proposals. 2 nd 

sentence of the 2 nd paragraph. 

Section 2. Evaluation of Proposals. 2 nd 

sentence of the 2 nd paragraph is hereby 

amended as follows: 

The ADP-3 Com shall rank the proposals The ADP-3 Com shall rank the proposals 

from highest to lowest based on the total from highest to lowest based on the total 

purchase price indicated in each proposal, purchase price indicated in each proposal, 

regardless of the schedule of payments to regardless of the schedule of payments to 

BCDA as long as such proposal complies BCDA as long as such proposal complies 

with the maximum payment term of fort-five with the maximum payment term of fort-five 

(45) calendar days from issuance of NOA as (45) calendar days from issuance of NOA as 

prescribed in Article VI, Section 2 Suh- prescribed in Article V, Section 2 Subsection 

2.2 hereof. 

seetiou 2.2 hereof. 

Article V. Request for Proposals 

Sub-section 2.6. Taxes, fees and any other 

Section 2. Financial Proposal Requirements charges related to the disposition of the 

Sub-section 2.6. Taxes, fees and any other properties. This sub-section is hereby 

charges related to the disposition of the amcnded as follows: 

properties. 

All taxes. fees and any other charges related 

All taxes, fees and any other charges related to the Properties, its disposition/ 

to the property, its disposition/privatization privatization and development, as well as on 

and development, as well as on the the transaction involving the sale of the 

transaction involving the sale of the I'roperties, such as, but not limited to 

Property, such as, but not limited to Value- Value-added tax (VAT), business tax or city 

added tax (VAn, business tax or city tax, tax. Documentary Stamp Taxes (DST) 

Documentary Stamp Taxes (DST) related to related to the transaction, Creditable 

the transaction, transfer taxes and Withholdin" _Tax ICWT), transfer taxes 

BCDA Corporate Cenl d r£ V 

2IF Bonifacio Technol . Center r 

31 sl St. Crescent Park West. Bonifacio Globar fit}' 

Taguig, Melro Manila, 1634 Philippines frI IJI" • 

/ 

.. 

P.O. Box 42. Taguig Post Officc 

Taguig, M.M .. Philippines 

-n' Tel. No.: (632) 816.6666 

Fax No.: (632) 816.0996 

171

, 

Bascs Convcrsion Dc\'clopmcnt Authority 

registration fees in relation to the transfer of and registration fees In relation to the 

the titles from BCDA's name to the name of transfer of the lilies from BCDA's name to 

the Winning Proponent, shall be paid by the the name of the Winning Proponent, shall be 

Winning Proponent. All Real Property paid by the Winning Proponent. All Real 

Taxes (RPT) 10 be imposed on the propcrt" Property Taxes (RPT) to be imposed on the 

from the signing of the Contract to Sell and propertics from the signing of the Contract 

any other taxes, fees and charges that may to Sell and any other taxes, fees and charges 

be imposed by existing laws or laws enacted that may be imposed by existing laws or 

in the future, whether national or local, shall laws enacted .in the future, whether national 

be the responsibility of the Winning or local, shall be the responsibility of the 

Proponent. 

Winning Proponent. 

Any and all provisions in the TOR, including its annexes, which are inconsistent with the abovespecified 

amendments/changes. are hereby amended and/or changed accordingly. 

Thank you for your continued interest in Phase 3 of BCDA's Asset Disposition Program. 

FOR THE ADP-3 COMMITTEE 

FOR REAL ESTATE PROJECTS 

NE~OC 

Chairperson &" 

BCDA Corporate Center ~ ~ 

2IF Bonifacio Technology Center 

31 sl 51.. Crescent P~k West. Bo.n.ifa~io Globfl Cit 

Taguig. Metro Manda, 1634 Philippines frI r 

P.O. Box 42. Taguig Post Omce 

Taguig, M.M .. Philippines 

--11' Tel. No.: (632) 816.6666 

Fax No.: (632) 816.0996

• A 

Highlights of the Pre-Ilid Conference 

on the Privatization and I>enlopmenl of lhe 

Portion of I>riving Range and Nichols Loop Property. Pasay City 

Wednesday. 26 October 20 II. 10:00 a.m. 

BCDA Board Room 

I. A Iier the determination of a quorum of the Asset Disposition Program Phase-3 

Commillee (ADI'-3 Com) members. the Chairman called the confercnce to order to 

discuss the Terms of Relerence (TOR) and to accommodate any qucries from the 

proponents regarding the suhject properties. The members of the ADI'-3 Com. the 

Technical Working Group (TWG) and observers present were: 

1.1 VI' 'ena D. Radoc. Chairman 

1.2 VI' Eleanor I.. Atienza. Vice Chairman 

1.3 VI' Norma S. Pabustan. i'"lember 

1.4 I'M Joshua M. Bingcang. Member 

1.5 Ally. Blaise Maire E. AlaniS. Member 

1.6 PM Bambie I.. Andal. TWG I lead 

1.7 GC Regina Salve R. Lapuz. Observer 

I.S Mr. Dean .I. Montalban. Observer 

The only absent ADP-3 Com member was DI\I Leilani B. Macasaet of the Public 

A fillirs Department. 

All seven (7) proponents that purchased the TOR fi:)r the su~iect properties had 

representatives allending the Pre-Bid Conference. to wit: 

2.1 Mr. Dino Mendoza - Ayala Land Inc. 

2.2 Ms. Rica Donalo- Ayala Land Inc. - Avida 

2.3 Ms . .Iessehan P. Perillo -Perillo Law Office (undisclosed principal) 

2.4 Mr. Ian Estrada - Filinvest Land Inc. 

2.5 Mr. Davy Tan - Rockwell Land Corp. 

2.6 Mr. Paolo Reyes - Rockwell Land Corp. 

2.7 Ms. Lovelle Yap - Megaworld Corporation 

2.8 Mr. John Uy - Megaworld Corporation 

2.9 Ally. Virginia S . .lose - Jesus is Lord Church 

2.10 Arch. Randy B. Vi lIamarin - Jesus is Lord Church 

2.11 Mr. Eric Tan - Robinsons Land Corp. 

2.12 Mr. l\larcelino Angelo A. Liwanag - Robinsons Land Corp. 

2.13 Engr. Edgardo Samson - Robinsons Land Corp. 

Representatives from the Philippine National Oil Corporation (PNOC) were also in 

allendance though said company has not purchased the TOR. 

2.13 Ally. Joseph M. Literal 

2.14 Mr. Renato D. Ama 

\Y' 

pi

.' 

3. I'M Bambie Andal presented the salient features of the TOR of the properties being 

disposed. A copy of the said presentation is attacbed herewith as Annex "A ". 

Further. PM Andal also presented to the group the checklist for Bid Documents to 

be submitted by corporations and individual proponents attached as Annex "[3". She 

inl(lfI11ed the group that BCDA will issue Bid Bulletin No. I clarifying the 

documents to be submitted by corporations and individual proponents: and that it 

will inelude the pro-forma forms I()r individual proponents for the required bid 

doculllents. 

4. During the presentation. VI' Nena Radoc c1arilied to the group that. since the mode 

of disposition of the properties is through sale. the legal requirement to 0\\ nand 

develop lands under the Philippine laws should apply: that is. individual proponents 

should be Filipino citizens while corporations shall be registered in the Philippines 

and have a minimum of sixty percent (60%) of their capital stock owned by 

Filipinos. 

5. A lieI' the presentation. the interested Proponents IV.ereallowed to ask questions and 

elarilications on the provisions of the TOR and the procedures to be 1(,lIowed l(lI' 

the bidding. Following are the questions raised by the proponents and the answers 

provided by the ADP-3 Corn: 

QueI'\' 

Reolv 

I. Can a proponent set a one-on-one No. the proponents may only SCI a 

meeting with the ADI'-3 Corn or its meeting IVith the ADI'-3 Corn or its 

duly authorized representatives duly authorized representatives no later 

alier 09 November 20 II. which is than 12:00 noon of 09 November 20 I I. 

the deadline for elarilieations? 

2. Wi II the w 111n111g proponent be No. BCDA IS currently coordinating 

responsible I(lr coordinating with with DI'WII to appropriately address 

the DI'WH on the widening of the the problcm. The proponents will be 

SCrvlCC road Icading to Sales notilied upon submission of IlI'WII of 

Bridge which would affcct the area the subdivision survey 1(11'Lot 10. 

, 

.,. 

of Lot IO/Niehols Loop propert\'? 

What IS the status of the The portion of the driving rangc is Iree 

annotations on the titles of the from any advcrse claims while Lot 10/ 

subject properties? Nichols Loop lot has a pending adverse 

claim by Mr. ['vlartin V. Brizucla.BCIM 

IS currently coordinating with Ihe 

Registry of Deeds - Pasay City 

requesting to waive the requirement of a 

court order slIlce the claimant. Mr. 

Martin V. Brizuela. is the same claimant 

on the driving range propelty which has 

already been cancelled by the Pasay 

Citv cOllrtlast 14 Anril2011.

When will the title or Lot UCDA cannot answer when the 

IO/Nichols Loop Properly be rree property will be Ii'ee Irom any adverse 

li'om adverse claims? claim since BCDA is not handling the 

oroccss with the RD -I'asav Citv. 

4. Is the winning proponent BCDA will have no participation in the 

responsible to re-zone the re-c1assification or re-zoolng or the 

properties since the properties are properties. The properties arc already 

classified only ror institutional planned and zoned for institutional area 

developments? And will flCDA and the Pasay City-CLUP IS already 

hclp the winning proponent in re- approved by the local government and 

zoning the properties? Housing and Land Use Re~ulatorv 

Board (IILURB). ~. 

5. When is the expiration or the lease The COL or D.A. Tuason expired last 

or D.A. Tuazon on Nichols I.oop? 14 October ~OI I. 

6. Can BCDA restrict the proponent BCDA cannot restrict the proponent 

rrom coordinating with the local from coordinating with the local 

authority in applying ror re-zoning authority 111 re-classi(ying the 

or the properties other than properties. Ilowever. UCDA as the 

institutional development? seller or the properties could impose the 

restrictions in compliance with the 

Pasay City-CLUP and its zonll1g 

ordinances. 

7. 

Is it part or BCDA's jurisdiction to 

restrict the properties rrom being 

developed other than for 

institutional development? 

How were you able to cancel the 

adverse claims on the other lots? 

Yes. it IS still part or BCDA's 

jurisdiction as the seller or the 

propcrties. In addition. the properties. 

together with the relocated schools (i.e. 

VAUES. PCSIIS & PhiISCA) arc 

located 111areas located where there 

should be no traflie build-up. Should the 

winning proponent develop the 

properties other than ror the proposed 

usc. the buyer will be in violation or the 

terms and conditions or the sale. and 

the appropriate government agencies 

(i.e. MMDA. Ill.LJRfl & the I.GU or 

I'asay City) can rcstrict the winning 

proponent rrom devcloping the 

properties other than ror institutional 

development. 

BCDA was able to cancel the adverse I 

claims through a court order canceling 

the claims. 

Can BCDA aoolv the samc oro cess Yes. BCDA will have to apply tllr

" 

8, 

9. 

to Lot IO/Nichols 

Loop Property? 

Does the waiver of right to seck 

legal remedies only waive the 

proponents' rights from preventing 

BCDA from awarding and 

executing a contract to the winning 

proponent and not WalVlllg any 

other leeal remedies? 

May the proponent propose/ 

develop a residential area on Lot 

5IDriving Range. slllee under the 

zoning ordinance of Pasay. the 

subject properties are zoned as 

special institutional which allows 

residential developments') 

another court order to cancel the claim 

on the subject property. 

Yes. BCDA is only avoiding any delays 

from awarding and executing a COlllraet 

with the winning proponent. 

No. the properties arc zoned as general 

institutional pursuant to the approved 

Resolution I 0, 2064 5-2005 (Annex I 

"C') by the 5angguniang Panglungsod 

of Pasay City. 

10. 

II. 

12. 

13. 

Is there another plan of BCDA that 

governs the zoning of the 

properties? 

Is it BCDA that 

zoning/classi lieation 

properties'! 

prohihits 

of 

the 

the 

II' the proponent proposed to 

develop the properties other than 

the required development of 

BCDA. which is an institutional 

development. will the proponent he 

automatically disqualified from the 

hidding? 

May the proponent develop an 

access road along the ramp leading 

to Sales Bridge? 

Where can the winning proponent 

huild its access roads for the 

subiect properties? 

If the winning proponent is able to 

get a clearance or re-c1assify the 

properties other than for 

institutional development before 

No. only the Pasay City-CLUP. i'v1ctro 

Manila Development Authority 

(MMDA) ordinance and the approved 

resolution by the Sangguniang 

Panglungsod of Pasay City govern the 

zoning of the oronerties, 

No. BCDA is only following the 

restrictions set by the Pasay City-CLlJP. 

MMDA ordinance and the properties 

zoning ordinances. 

Yes. because one of the requirements 

set by BCDA is to develop the propel1y 

fiJr institutional use. BCDA is 

evaluating the proposals of the 

proponents based on the terms and 

conditions set in the TOR and the 

current restrictions of the local 

government. 

No. the winning Proponent may onh. 

develop an access road for Lot 5 on the 

road leading to the school vicinity \\hile 

lor Lot 10 it is on the side lacing the 

Villamor Golf Club for the reason that 

no access road may be constructcd 

along a busv road like SLEX. 

It will take a lot of time to be able to reclassify 

the properties. A proponent has 

to undergo procedures which inelude 

attending hearings and relluesting fix

.' 

November 22. 20 II. the deadline approval from the Sangguniang 

for submission of proposals. can Panglungsod of Pasay. Moreover. 

the proponent propose a developing the properties other than for 

development based on the institutional use will diminish the 

approved re-classification of the aesthetic value of the vicinity. 

I1rooerties'! 

14. Does BCDA have any documents UCDA docs not have documents 

that would state the height limit lor regarding the height limit I()r the 

the developments of the properties? properties. The proponents. as part of 

their due diligence. are required to get 

the neeessary information from CAAP. 

15. If in the future there is a change of Basically. BCDA will have to abide by 

land usefzoning on the properties. the approvedfamended CLUP and 

will the LOI and complianee letter zoning ordinances. Moreover. if flCIM 

hold the proponent from has already awarded the properties to 

developing the properties based on the winning proponent. flCDA will have 

the new land-usefzoning of the no control over the properties: exeept 

properties? lor the commitment of the proponent to 

develop the properties in strict 

compl iance with the approvedfamcndcd 

CLUP. MMDA ordinancc and 701llng 

ordinanccs of Pasay pursuant to Article 

IV Scction 6. Sub-section 6.1.2 of the 

TOR. 

16. Will a proponcnt be disqualilied if Yes. under thc TOR Article V. Section 

its mother company has reportorial I. Sub-section IA. the proponent shall 

obligations with BCDA? not have misscd submitting any of its 

rcportorial obligations. whether written 

or othcrwisc. with BCDA or its 

subsidiaries with respect to existing 

contractsfon-going projects. In the case 

of a consortium. said consortium or any 

of its mcmbcrs. or its alliliates or 

subsidiarics of its mcmbers. shall 

likcwise. comply with this requircment. 

17. Therc being no more qucstions from the proponents. PM Andal reminded the 

proponcnts of thc 12:00 noon 22 Novembcr 2011 dcadline for submission of 

proposals and the I :30 p.m. opening ofthc proposals. 

18. There being no more questions for the Interested Proponcnts and thcir being no 

other mattcrs to discuss. the Pre-bid Conference was adjourned at II :30 a.m.

• 

11/3/2011 

PRE-BID CONFERENCE 

FOR THE 

PRIVATIZATION AND DEVELOPMENT 

OF THE 16,911.13 SQ.M. 

REMAINING PORTION OF DRIVING ORANGE 

& NICHOLS LOOP PROPERTY, 

PASAY CITY 

26 October 2011 

Interested 

Proponents 

• Ayala land Inc . 

• Ms. Jessehan P. Perillo (undisclosed 

• Filinvest land Inc. 

• Rockwell land Corp . 

• Megaworld Corporation 

• Jesus is lord Church 

• Robinsons land Corp. 

principal) 

er 

1

11/3/2011 

1. The Site 

BACKGROUND ON THE PROPERTIES 

Lot 10 Location Area 

(sa.m.l 

Lot 5 of Pcs-OO- Former Villamor 

013512 Driving Range 

10,005.13 

Area 

Lot 10 of Pcs-OO- 

007605-0010602-0 

Nichols Loop 6,906 

Total: 16,911.13 

• 2 non-contiguous lots separated only by the service 

road leading to Sales bridge. 

/ 

"'•.L....•..•.....• 

..1-' •. "'~ 

Lot 5 (remaining 

portion of Driving 

Range) 

• Just across the 

VilJamor Golf Course 

Bounded on the ff: 

- Northwest by 

PhiiSCA; 

- Northeast by South 

Super Highway; 

- South by the road 

leading to Sales 

bridge; and 

- West by the access 

road servicing the 

schools within the 

vicinity. 

( 

2

•• 

~. 

11/3/2011 

'-, 

o 

c 

-, 

., 

• 

" Lot 10 or Nichols Loop 

Is along South 

Luzon Expressway 

and the service road 

leading to Sales 

bridge 

." 

,.. 

Proposed Land Uses 

• The properties are being privatized for development 

on an "as is, where is" basis. 

• Under the Pasay City - Comprehensive Land Use Plan, 

Lot 10 and Lot 5 are classified as institutional area. 

• The Properties shall be developed solely for 

institutional uses, such as educational 

institution/facilities, place of worship, place of 

recreation, sports or culture, among others. 

r 

3

.! 

11/3/2011 

Restrictions on the Property 

• There shall be no access point directly along South 

Luzon Expressway. 

• Development of the Properties shall conform to 

the Pasay City CLUPand the Zoning Ordinance of 

Pasay City, the National Building Code, the 

Building Height Restrictions imposed by the Air 

Transportation Office (ATO)and all other pertinent 

laws. 

Status of Titles 

• The two (2) lots comprising the Property are covered 

by separate titles . 

• Lot 5 of Pcs-OO-013512 is originally part of the former 

Villamor Driving Range or Lot 9-E of Psd-OO-070109 

covered by TCT No. 149742. 

• The relocation of the Villamor Air Base Elementary 

School (VABES), Pasay City South High School 

(PCSHS), and the Philippine State College of 

Aeronautics (PhiISCA) to portions of the former 

Villamor Driving Range area and Piccio Garden 

necessitated the consolidation and subdivision of Lot 

9-E and Lot 11-C of Psd-OO-070403 covered by TCT 

No. 149747. 

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11/3/2011 


• On 28 January 2011, the Department of Environment 

and Natural Resources - National Capital region, 

Lands Management Services (DENR-NCR, LMS) 

approved the resulting subdivision plan Pcs-OO- 

013512 . 

• BCDA has submitted to the Register of Deeds - Pasay 

City an application for the consolidation and 

subdivision of TCT 149742 and TCT No. 149747 on 21 

July 2011. 

• Lot 10 of Pcs-00-007605-001062-D is covered by TCT 

No. 134 272 registered under the name of BCDA. 


• The Department of Public Works and Highways 

(DPWH) is currently planning to widen the Service 

Road leading to Sales Bridge; thus the area of Lot 10 

will be reduced accordingly. 

• The final area of the Property will be disclosed upon 

submission by the DPWH to BCDA of the final plan for 

the road widening project. 

5

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11/3/2011 

Status of the Properties 

• The Properties are free from any occupants. 

• Nichols Loop Property is temporarily used as a 

jeepney terminal and portion of it is currently leased 

to D.A. Tuazon Construction and Development. 

Obligations of the Winning Proponent 

1. Strictly comply with the proposed land use/s, as 

declared in the Letter of Interest (LOI) and the terms 

and conditions of the contract and maintain all 

warranties and representations in good standing; 

2. Strictly comply with the Pasay City CLUP 

development restrictions of the Property and all other 

pertinent government standards; 

3. Abide by any annotations, conditions or 

encumbrances imposed and annotated on the title of 

the Properties, if any; and 

4. Undertake, at its sole exclusive cost, on-site 

development and provide utilities, access roads to or 

internal road networks in the Property. 

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6

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11/3/2011 

Obligations of BCDA 

1. Give the Winning Proponent the sole right to 

purchase or sell, develop, operate and manage the 

Properties, provided that the right shall be exercised 

subject to the restrictions, and terms and conditions 

of the contracts; 

2. Deliver vacant possession of the Properties to the 

Winning Proponent on an "AS-IS, WHERE-IS" basis 

upon full payment of the purchase price; and 

3. Deliver the Titles of the Properties upon issuance of 

the segregated titles by the Registry of Deeds - 

Pasay City and receipt of full payment for the 

Properties. 

Eligibility Requirements 

A Proponent shall be considered eligible to participate 

in the bidding if it satisfies all of the following 

requirements: 

a. Legal Requirements. The Proponent may be an 

individual or firm that is allowed under Philippine 

laws to own, lease, hold or develop lands in the 

Philippines. The Proponent, if a firm, must be a duly 

registered and existing corporation in the 

Philippines. 

b. Net Worth. The Proponent must have a minimum 

net worth (in case of a joint venture/consortium, 

the total net worth of all the members combined) of 

PhP28,917,286 or 20% of the Minimum Bid price of 

the subject properties 

7

11/3/2011 


c. No Arrears. The Proponent should not be in 

arrears or has not defaulted in its financial 

obligations to BCDA or any of its subsidiaries or 

affiliates regarding any past or current project 

being undertaken with BCDA or its subsidiaries or 

affiliates. 

A Proponent (including all the members of a 

consortium) who has a pending case with BCDA, 

its subsidiaries or affiliates, shall be declared 

"ineligible" and shall be disqualified to participate 

in the bidding. 


d. No Reportorial Deficiency with BCDA. The 

Proponent shall not have missed submitting any of 

its reportorial obligations, whether written or 

otherwise, with BCDA or its subsidiaries with 

respect to existing contracts/on-going projects. If 

a consortium, said consortium or any of its 

members, or the affiliates or subsidiaries of its 

members, shall, likewise, comply with this 

requirement. 

e. Timely and complete payment of Taxes. The 

Proponent shall not have any tax liabilities in 

accordance with EO 398 Series of 2005. 

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11/3/2011 


f. Good Credit Standing. The Proponent (or the 

consortium member-firms, if the Proponent is a joint 

venture/consortium) should be in good credit standing 

on any of its financial commitments to any financial 

institution, agency or party. BCDA reserves the right to 

conduct credit investigation on the Proponents. 

g. Commitment to Comply with: 

(1) the terms and conditions of the contract to be 

executed between BCDA and the Winning 

Proponent; 

(2) proposed land uses/s, as declared in the LOI; 

(3) prescribed land use/s and zoning for the 

respective Properties; 

(4) other Restrictions prescribed in the TOR; and 

(5) government standards, rules and regulations. 


h. Bid Documents. The Proponent must have 

purchased the Bid Documents and paid the nonrefundable 

fee of PhP75,OOO.OO. 

i. BCDA's Discretion regarding Additional 

Information. BCDA may, in its discretion, require 

additional information from any Proponent and 

waive any required information to a given 

Proponent that is required, in general, from the 

properties 

j. Waiver. Proponents shall submit a waiver which 

shall free BCDA from any legal action against it to 

prevent the award and execution of contract. 

~' 

9

11/3/2011 

Final Proposal Requirements 

a. Complying Proposal. 

• Complying proposal is one that satisfies and 

complies with any and all requirements set in these 

TOR. 

• Any violation of a requirement or provision in the 

TOR shall render a proposal non-complying and 

shall therefore, be automatically rejected by BCDA. 

b. Mode of disposition. 

• "As is, where is" basis via a sale mode. 

• Remit the Upfront Cash, within 15 calendar days 

from issuance of the Notice of Award . 

• The balance of the purchase price shall be paid in 

full within 45 calendar days from issuance of the 

NOA which shall also be the date for the signing of 

the Deed of Absolute Sale (ODAS). 


• BCDA shall turn-over the Property to the 

Winning Proponent only upon full payment of the 

purchase price. 

• In case the Winning Proponent fails to settle the 

balance within 45 calendar days from issuance of 

the NOA, all monies remitted and/or paid to 

BCDA shall be forfeited in favor of BCDA. 

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11/3/2011 


c. Minimum Bid Price. The minimum bid price is 

P144,586,430 for the two lots based on a per 

square meter valuation of Pll,OOO.OOfor Lot 5 and 

P5,000.00 for Lot 10. 

d. Upfront Cash. PhP28,917,286 or 20% of the Bid 

Price of the winning Proponent, whichever is higher, 

shall be remitted to BCDA by the Winning 

Proponent within 15 calendar days from issuance of 

NOA. 


d. Bid Security. 10% of the minimum bid price of 

the property amounting to PhP14,458,643.00. 

e. All taxes, fees and any other charges such as 

but not limited to VAT, business tax or city tax, 

Documentary Stamp Taxes, transfer taxes and 

registration fees shall be paid by the Winning 

Proponent. All RPTsto be imposed on the Property 

from the signing of the Contract to Sell and any 

other taxes, fees and charges that may be imposed 

by existing laws or laws enacted in the future shall 

be the responsibility of the Winning Proponent. 

11

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11/3/2011 

Submission of Proposals 

One time submission of proposals but in 2 separate 

envelopes: 

Envelope 1 - Eligibility Documents. The contents of 

the first envelope is enumerated in the TOR and using 

a "Pass" of "Fail" scheme if the minimum required 

documents are submitted or not. All documents 

submitted shall be subject to verification and 

validation during the Post Qualification. 

Envelope 2 - Final Proposal 


1. First Envelope: Eligibility Documents 

i. Letter of Interest (Lor) 

ii. A formal commitment in relation to the 

development of the Property 

iii. Duly notarized eligibility statement 

iv. SEC-certified true copy of the Proponent's (as 

well as for all members of the consortium) 

audited financial statements for the past 3 

years ending Dec. 2008, 2009, 2010 or their 

equivalents if FS is not on a calendar year basis 

cr 

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11/3/2011 



v. SEC registration of the Proponent or the foreign 

equivalent duly authenticated by the Philippine 

Consulate in the foreign company's domicile 

vi. Articles of Incorporation and By-Laws of the 

Proponent 

vii. Board Resolution duly authorizing the 

corporation's participation in the bidding, 

nominating, appointing, and authorizing a 

representative to communicate, represent, sign 

and execute contracts and other documents 

relative thereto 



viii. Letter testimonial from at least one (1) 

reputable universal bank stating that the 

Proponent (including all members of the 

consortium) is banking with them and is/are in 

good financial standing 

ix. Tax clearance with effectivity date of no earlier 

than 30 June 2011 and the latest Income and 

Business Tax Returns for the quarter ended 30 

June 2011. For foreign corporations, the 

equivalent documents duly authenticated by 

the Philippine Consulate 

13

11/3/2011 



x. Certification under oath that each of the 

documents submitted in satisfaction of the 

eligibility requirements is an authentic and 

original copy, or a true and faithful reproduction 

or copy of the original, complete, and that all 

statements and information provided therein 

are true and correct 

xi. Letter authorizing BCDA or its duly authorized 

representative/s to verify and review all of the 

documents submitted 



xii.If a consortium, the Proponent shall submit to 

BCDA a copy of the duly notarized 

Memorandum of Agreement/Understanding 

which: (i) briefly describes the consortium, the 

individual members of the consortium and their 

extent of the participation; (ii) identifies the 

lead member of the consortium, authorized by 

all the members to represent and sign any and 

all documents related to this biddings; and (iii) 

provides that the members shall be jointly and 

severally liable for the obligations of the 

Proponent under the award/contract 

14

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11/3/2011 



xiii. Waiver of Right to Seek Legal Remedies 

against BCDA 

xiv.A declaration of any legal or other impediments 

which may affect the Proponent's (and its 

consortium members') ability to participate in 

the bidding or a certification to be submitted by 

the Proponent (and its consortium members) 

stating the absence of such legal impediments. 

BCDA requires that each and every consortium member 

shall submit all of the above Eligibility Documents and 

shall be subject to the eligibility requirements. 


2. Second Envelope: Final Proposal 

i. Final Bid Letter indicating the purchase price, 

the terms of the sale and the proposed 

schedule of payment 

ii. 

Bid Security 

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15

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11/3/2011 

Opening of Proposals 

1. The First Envelope of the proposal containing the 

eligibility documents shall be opened one-by-one for 

mere checking of the required documents for 

submission as well as marking by the ADP-3 Com at 

1: 30 pm of 22 November 2011 at the BCDA 

Corporate Office. 

• Upon opening, the ADP-3 Com shall ascertain 

whether the required eligibility documents are 

present or absent. 

Opening of Proposals 

2. Should there remain at least 1 complying proposal 

after the opening of the First envelope, the second 

envelope shall immediately follow . 

• The second envelope containing the final proposal 

shall also be opened one-by-one for marking by 

the ADP-3 Com. 

• Major features of the proposals may be presented 

for mere comparison purposes, but all the 

information contained in the proposal shall be 

subject to further evaluation and verification, along 

with the other eligibility and documentary 

requirements. 

16

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" 

" 

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11/3/2011 

Evaluation 

of Proposals 

• Only those Proponents who comply with ALL eligibility 

requirements shall be declared "eligible" and 

qualified for the opening of the Second Envelope; 

• ADP-3 Com shall rank the proposals from highest to 

lowest based on the total purchase price indicated in 

each proposal, regardless of the schedule of 

payments to BCDA as long as such proposal complies 

with the maximum payment term of 45 calendar 

days from issuance of NOA; 

Evaluation 

of Proposals 

Ex: A proposal that indicates full payment of the 

purchase price of PhP144,586,430.00 but based on 

staggered payments where an Upfront Cash of 

PhP28,917,286.00 shall be remitted to BCDA within 

15 calendar days from issuance of NOA and 

payment of the balance shall be remitted to BCDA 

within 45 calendar days from issuance of NOA. 

• Final Proposals shall be opened for checking, and read 

aloud and recorded in the Abstract of Bids to be 

signed by the members of the ADP-3 Com and the 

authorized representatives of the proponents 

17

11/3/2011 

Evaluation of Proposals 

• In any and all cases where there is a disparity 

between the computation of BCDAand as presented 

by the Proponent in its Final Proposal, BCDA's 

computation based on the data and information of the 

Proposalsubmitted by the Proponentshall prevail. 

Run-off 

• BCDA will declare a "Run-off" in case of a tie. 

• Proponents shall be allowed to improve their bids 

by increasing their bid price; 

• All proponents qualified for the "Run-off" shall be 

given the opportunity to submit a sealed envelope 

containing the incremental improvements to their 

respective proposals; and 

• The proposal with the highest value after the 

"Run-off" round shall be declared the Highest 

Ranked and Complying Proposal. 

18

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11/3/2011 

Failure of Bidding 

• BCDA shall automatically declare a Failure of 

Bidding in any of the following instances: 

i. only 1 Proponent submitted a proposal; 

ii. all Proponents are declared ineligible; and 

iii. no complying proposal is received. 

Post-qualification 

• In any and all cases, before issuance of NOA, the 

winning proponent shall undergo and pass a postqualification 

process to be conducted by BCDA. 

• It shall cover verification of the submitted eligibility 

and proposal documents to ascertain authenticity of 

the same and absence of misrepresentation on these 

documents by the Winning Proponent. 

19

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11/3/2011 

Evaluation and Award 

of Contract 

• BCDA reserves the right to reject any and all 

proposals, waive any minor defects and accept the 

offer most advantageous to BCDA; 

• A Notice of Award (NOA) shall be issued, inviting the 

Winning Proponent to execute the appropriate CTS 

within 15 calendar days from receipt of NOA; and 

• The Winning Proponent shall be announced after 

approval of the BCDA Board. 

Withdrawal 

of Winning Proponent 

• In the event that the Winning Proponent voluntarily 

withdraws his proposal, BCDA shall automatically 

declare the Proponent whose proposal registered the 

second highest ranking proposal as the Winning 

Proponent provided that such proposal complies with 

all the terms and conditions of these TOR. 

20

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11/3/2011 

Confidentiality 

of Proposals 

• All proposals and accompanying documents shall be 

treated as confidential. 

• Each party shall hold any and all confidential 

information in strict adherence and will not disclose or 

use any confidential information or any part of it 

except for the proper performance of the party's 

obligations under the TOR. 

Waiver of Right to Seek Legal Remedies 

• The decision of ADP-3 Com is final; 

• All proponents waive all rights to seek legal remedies 

to prevent BCDA from awarding and executing a 

contract with the Winning Proponent; and 

• Prospective Proponents shall submit to BCDA, as part 

of their bid proposal, a waiver in the form of "Annex 

L" in the TOR. 

21

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11/3/2011 

Forfeiture of Bid Security 

Any misrepresentation and/or breach of warranty in the 

proposal documents or any of the required attachments; 

• Withdrawal or modification, whether conditional or 

otherwise, of the proposal after the deadline for the 

submission of proposals; 

Failure or refusal of the Winning Proponent to enter into a 

Contract with the BCDA within 15 calendar days from 

receipt of a NOA, The Winning Proponent seeks legal 

remedies that shall delay the execution of the contract, the 

submission of required performance security and/or 

compliance with its obligations as set out in these TOR; 

and 

• Any circumstance or valid ground so as to give BCDA 

reasonable and valid basis to believe that such event 

renders the Proponent incapable of completing its 

obligation, as proposed. 

Qualifications and Waivers 

BCDA reserves the right to reject any or all proposals, 

to waive any defect or informality thereon or minor 

deviations, which do not affect the substance and 

validity of the proposal. BCDA reserves the right to 

reject the proposals of any proponent who: 

1. Has pre-qualified On the basis of suppressed, 

undisclosed or false information; or 

2. Has previously failed to satisfactorily 

perform/complete any contract undertaken by him. 

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11/3/2011 


• BCDA reserves the right to review other relevant 

information affecting the proponent or the proposal 

before the approval of the contract. 

• Should such review uncover any misrepresentations 

made in the proposal documents, or any change in 

the situation of the proponent which affects the 

substance of his proposal, BCDA may disqualify the 

proponent from obtaining any award/contract. 

BCDA further reserves the right to call off the bidding 

prior to acceptance of bids and call for a new bidding 

under amended rules, without any liability whatsoever 

to any or all proponents, except the obligation to 

return the Bid Security. 


• BCDA reserves the right to the following: 

• Reset the date of bidding conference, 

• Reset deadline for the submission of the proposals, 

• Reset the date of the evaluation of proposals or 

other pertinent activities; 

• Revise the timetable for the bidding 

• Reset the date of announcement of the Winning 

Proponent; 

• In any case it may be deemed necessary, but 

especially on "Force Majeure" or fortuitous events 

that shall mean events which could not have been 

foreseen or which were inevitable and beyond the 

control of BCDA. 

y 

23

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11/3/2011 


• BCDA's decision on the results of bidding is final. The 

proponents, by participating in the bidding, are 

deemed to have agreed to, accept and abide by these 

TOR, the results of the bidding as well as the decision 

of BCDA. 

• BCDA shall be held free and harmless from any 

liability, costs and expenses, suit or allegation arising 

out of the bidding by the Proponents who have 

participated herein. 

TIMETABLE OF ACTIVITIES 

ACTIVITIES 

DATE 

Publication of Invitation to October 10, 17 and 

Submit Proposals 24,2011 

Last Day of Publication of 

Invitation 

Issuance of TOR 

Last day of Issuance of TOR 

Pre-Bid Conference 

24 October 

11 to 25 October 

25 October 

26 October 

Deadline for submission of 09 November 

Requests for Clarification 

24

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11/3/2011 

Last Day of issuance of Clarification 16 NovemBer 

Memoranda/Bid Bulletin 

Submission & Opening of Proposals 

22 November 

Evaluation of Bids 22-28 November 

Announcement for Run-off, if any 29 November 

Submission of Proposals in the Run-off, 

if any 

02 December 

Estimated BCDA Board Approval of 

07 December 

Results of the Evaluation 

Announcement of Results of Evaluation 09 December 

Post-q ualification 

12-15 December 

Estimated Board Approval of the 21 December 

Results of the Post Qualification 

(Declaring the Winning 

Proponent) 

Announcement of Result of Post- 23 December 

qualification and Issuance of 

Notice of Award to the Winning 

Proponent 

Signing of Contract Not later than 06 

January 2012 

~ Y'l . 

f/ y 25

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11/3/2011 

Thank you 

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26

• 

Asset Disposition Pro!!ram Phase 3 

Privatization amI Development of the 16,911.13 sq.m. Portion of Driving Range and Nichols Loop Property - / 

Proponent: FlRM/CORPORATIO ICONSORTIUM 

CHECKLIST OF DOCUMENTARY REQUIREMENTS 

-... 

Proponent: INDIVIDUAL 

•...•. 

- 

~ 

First Envelope: Eligibilitv Documents ~ 

a. Letter of Interest (LOI) indicating the name of the Proponent, the Property to a. Letter of Interest (LOI) indicating the name of the Proponent, the Property to 

be purchased, the proposed land uses and general description of the 


project/development to be undertaken on the Properties (the proposed 

tr- 

(ormat is aI/ached as Annex 

"H" in the TOR). 


(ormat is to be issued thru Bid Bulletin No. I). 

/ 

I 

h. A Formal Commitment to Comply with the Pasay City-Comprehensive h. A Formal Commitment to Comply with the Pasay City-Comprehensive ~ 

Land Use Plan (CLUP) and the Restrictions to the Properties (the proposed 

(ormat is aI/ached as Annex "J" in the TOR). 


(ormat is aI/ached as Annex "J" in the TOR). 

, - 

e. Duly notarized Eligibility Statement (the proposedformat is aI/ached as 

Annex "j" in the TOR) which shall include the following information: 

e. Duly notarized Affidavit (the proposed format is to be issued thru Bid 

Bulletin No. I) which attests to and includes the the following information: 

c.I Brief description of the Proponent (and its consortium members) c.I The Proponent is a Filipino citizen qualified to own land in the 

including its ownership structure. including percentages of ownership, 

Philippines under the lall's of the Republic of the Philippines. and possess 

authorized and paid-up capital, shareholdings, Board of Directors. Key 

all the qualifications and none of the disqualifications to acquire real 

Officers and their respective curriculum vitae. and other related business 

property in the Philippines. (Note: The Proponent must submit at least 

interests. affiliates, subsidiaries and principals, if any; 

two (2) documelllary el.idences to support this statement, i.e., Birth 

Certificate, Passport, Voter's I.D., other competelll Goverllment-lsslled 

or docllment) ; 

'" 

ID f'-...-) 

\ 

~

c.2 List of on-going and completed projects, as well as projects in the c.2 The Proponent is qualified to join the public bidding being conducted 

pipeline which are similar to the proposed developmelll and which the by BCDA concerning the privatization/disposition of the subject Properties; 

Proponelll (and ils consortium members) has undertaken in the last five (5) 

years, including description, extent and nature of the Proponent's 

participation, staWs, investmellls made and project cost involved; and 

~ 

~ 

c.3 Summary of the financial standing of the Proponelllfor the past c.3 The Proponem isfinancially capable to develop the subject 

three (3) years. 

Properties in accordance with the developmelll restrictions of the 

~ 

Properties and all other pertinent governmem standards; . 

c.4 A uthorily for BCDA or its duly authorized represemative/s to verifY 

all of the documellls submilled and authorizing BCDA to check or review, at 

any time during the bidding, other relevant information affecting the 

Proponem or the proposal and should such review uncover any 

misrepresentations made in the eligibility or proposal documents, or any 

change in the siluation of the Proponent, which affects the substance of its 

proposal, BCDA may disqualifj' the Proponent from obtaining any 

award/contract; 

c.5 Declaration of any legal or other impediments which may affect the 

Proponent's ability to participate in the bidding, or a declaration stating 

the absence of such legal impedimems. 

d. SEC-certified true copy of the Proponent's (as well as for all members of the [Not Applicable J 

consortium) audited financial statements for the past three (3) years or, for 

foreign corporations, any equivalent document duly authenticated by the 

Philippine Consulate based in the foreign country's domicile; Audited 

financial statements for the past three (3) years shall refer to audited financial 

statements for the years ending December 2008, 2009 and 20 I0, or their 

equivalents (if finaneial statements are not on a calendar year basis). 

"- ~ 

~ 

r-=> 

',;;- 

J 

f-1: 

'.

c. SEC registration of the Proponent (and its consortium members) or, for [Not Applicable] 

foreign corporations, the foreign equivalent of the document duly 

authenticated by the Philippine Consulate based in the foreign company's 

>-- 

domicile. 

f. Articles of Incorporation and By-Laws of the Proponent (and its consortium [Not Applicable] "- 

< 

members), as amended by the latest amendments or revisions. j,. 

~ 

1 

g. A Board Resolution duly certified by the Proponent's (and its consortium [Not Applicable] 

members') Corporate Secretary expressly authorizing the corporation's 

participation in the bidding, nominating, appointing, and authorizing a 

representative to communicate, represent. sign and execute contracts and 

other documents relative thereto. 

~ 

h. Letter testimonial from at least one (I) reputable universal bank stating that d. Certification from the a reputable universal bank stating that the Proponent 

the Proponent (including all members of the consortium) is banking with is banking with them, and that the Proponent has available credit equivalent 

them and is/arc in good financial standing. 

to the amount of required networth. 

i. Tax clearance issued by the BIR which shall have an effectivity date of no c. Income Tax Returns for 2008, 2009 and 2010 

earlier than 30 June 2011 indicating that the Proponent has no pending 

unpaid tax liabilities, and the latest Income and l3usiness Tax Returns for the 

quarter ended 30 June 2011. In case of foreign corporation. the tax clearance 

and tax returns may be substituted by the appropriate equivalent documents 

issued by its country, which documents must be duly acknowledged or 

authenticated by the Philippine Consulate therein. 

j. Certification under oath by the Proponent (and all its Consortium members) [Addressed by the Affidavit in Item C] 

that each of the documents submitted in satisfaction of the eligibility 

requirements is an authentic and original copy, or a true and faithful 

reproduction or copy of the original, complete, and that all statements and 

information provided therein are true and correct. 

~ ,-.., 

. 

~ 

L

I 

k. A letter authorizing BCDA or its duly authorized representative/s to verify [Addressed by the Affidavit in Item C] 

all of the documents submitted and authorizing BCDA to check or review, at 


Proponent (including all the members of the consortium) or the proposal and " llf' 

should such review uncover any misrepresentations made in the eligibility or 

proposal documents, or any change in the situation of the Proponent 

/ 

(including all the members of the consortium), which affects the substance of ~ 

its proposal, BCDA may disqualify the Proponent from obtaining any 

award/contract. 

I. If a consortium. the Proponent (including all its consortium members) shall [Not Applicable] 

submit to BCDA a copy of the duly notarized Memorandum of 

AgreementlUnderstanding which: (i) briefly describes thc consortium, the 

individual members of the consortium and the extent of the participation of 

each member; (ii) identifies the lead member of the consortium who is 

authorized by all the members to represent and sign any and all documents 

related to this biddings and receive instructions for and on behalf of the 

consortium; and (iii) provides that the members shall be jointly and severally 

liable for the obligations of the Proponent under the award/contract. 

m. Waiver of Right to Seek Legal Remedies against BCDA (the proposed f. Waiver of Right to Seek Legal Remedies against BCDA (the proposed 

format is aI/ached as Annex "G" in the TOR). 

ormat is to be issued thru Bid Bulletin No. I). 

n. A declaration of any legal or other impediments which may affect the [Addressed by the Affidavit in Item C] 

Proponent's (and its consortium members') ability to participate in the 

bidding or a certification to be submitted by the Proponent (and its 

consortium members) stating the absence of such legal impediments . 

~ 

..

.' 

I 

Second Envelope: Finall'roposal 

a. Final Bid Letter expressly indicating the purchase price, the tenns of the sale a. Final Bid Letter expressly indicating the purchase price, the tenns of the sale 

~ 

and the proposed schedule of payments to BCDA (the proposed format is and the proposed schedule of payments to BCDA (lhe proposed format is 10 

auached as Annex "K" in Ihe TOR) . 

be issued thru Bid Bulletin No.1). 

b. Bid Security in the amount ofPhPI4,458,643.00 b. Bid Security in the amount ofPhPI4,458,643.00 . 

,.

• 

REPUIlLIC OF TilE PHILIPPINES 

SANGGUNIANG PANLllNGSOIl 

PASAY CITY, METRO MANILA 

RESOLUTION NO, 2064 S-2005 

A RESOLlfl'lON APPROVING THE ZONING RECLASSIFICATION OF TIm 

PI{QI'OSW SITE OF Nlm'l'OHT CITY TO ~IIXElI RESIIlENTIAL, COl\l!\lE 

AND GAMING, SPORTS ANI) 1I0TEL USE; TilE I'IWl'OSEIl1ll1VllLOl'ME r )'LA 

I'OI( NEWPORT CITY AND ISSUANCE OF A /IEVEUll'~IENT PEI(~ ~I' nm 

NEWI'ORT CI'IY ANIl AlfI'HOIUZING TilE RELOCATION OF TIlE VILL !\IO 

Am IIASE ELEl\IENTAI(Y SCHOOL (VAllES) AND PASAY CITY SOlfrII I I' \" 

SCIIOOL (I'CSIIS) TO TilE VILLAMOR GOLF COlJl(sE IHUVING I(ANGE. 

S('1lI1sorcd by ALL I\ml\lDERS OF TIlE SANGGIINIANG PANLllNGSOJ) 

WIIElmAS, Megaworld Corporal ion has med an applicalion with Ihe City 

Government of Pasay for a development pennit for its proposed Newport City projeel, a 

xed rcsidentia~ commercial, gaming, sports and holel projt:cl wilh a IOUriSm-OriClIle(c 

ponent to be conslructed pursoant 10 Presidential Dccree No. 957 on propcl1ie 

lay ng a total area of 245,000 sqnare meters, more or less, bounded hy Andrews Avenue, 

~Ies Street and the Villamor Golf Course Driving Range, Pasay City. 

• 

WII EnEAS, in supporl of its applicalion, Megaworld Corporation has submiued 

a Developmenl Plan for Newport City wherein it is proposed thaI the Villumor Air Base 

Elell1enlary School (VAllES) and Ihe Pasay City Sonth Elemcntary School (PCS~S)~ 

reloealed from their presenl location to the Villamor Golf Course Driving I~ng 

occupying 3.2 hectares and the school buildings thereon to be constructed at the expe 

of lvlegaworld Corporation based on plans and specifications approved by the Pasay City 

Government. \ "- 

WHEREAS, the present sile of the VAllES and the PCSIIS facilities are 00 ~ 

longer suitable for institutional use considering the hazards and risks that the students ~d 

commnnity members will he exposed 10 in ternlS of noise pollution, high speed vehic, " 

trafllc allli other environmental risks that are expected to resull I

., 

I'age 2 of Resolution 20M 5.2005 

appro\'in~the wning reclassiliouiun of 

the propo~C'J s;te of Ne\",port Cit)' 10 

mixed rt'sidclIliHI. commercial and 

gaming, I sports and hold use; the 

pruposed ne"dopmcnt "IDn for 

Ncwll'lrl Cit)' lind issuunoc of 11 

lle\'elopmenl I'ennit for Ne\\port Cit)' 

and authorizing the rdocntion of the 

VABES anJ I)CSIIS to the ViIlalllor 

Golf Course DriYing Range. 

CERTIFIED AI'I'IWVED II\' TilE SA 

~? - 

liON. MAI~ON 

A. I'ESEBRE 

. ADVlNCULA 

I "~ENTINO 

Ex-Officio 

HON. ARNEL R 

.L~ (7. 

lINO T. ARCEO 

'V

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"7 

\ 

Asset Disposition Prol!ram Phase 3 

Privatization and Development of the 16,911.13 sq.m. Portion of Driving Range and Nichols Loop Property 

CHECKLIST OF DOCUMENTARY REQUIREMENTS 

Proponent: FIRM/CORPORA nON/CONSORTI UM 

First Envelope: Eligibility Documents 

Proponent: 

INDIVIDUAL 

a. Letter of Interest (Lor) indicating the name of the Proponent, the Property to a. Letter ofInterest (LOI) indicating the name of the Proponent, the Property to 





(ormat is attached as Annex "H" in the TOR). 

(ormat is attached as Document No. I). 

h. A Formal Commitment to Comply with the Pasay City-Comprehensive h. A Formal Commitment to Comply with the Pasay City-Comprehensive 



Iformat is attached as Annex "J" in the TOR). 

(ormat is attached as Annex "J" in the TOR). 

e. Duly notarized Eligibility Statement (the proposedformat is attached as e. Duly notarized Af1idavit (the proposedformat is attached as Document No. 

Annex "}" in the TOR) which shall include the following information: 

2) which attests to and includes the the following information: 

c.I Brief description of the Proponent (and its consortium members) c.l The Proponent is a Filipino citizen qualified to own land in the 

including its ownership structure. including percentages of ownership . 

Philippines under the laws of the Republic of the Philippines, and possess 

•.....• authorized and paid-up capital. shareholdings, Board of Directors. Key 

all the qualifications and none of the disqualifications to acquire real 

~ Officers and their respective curriculum vitae, and other related business 

property in the Philippines. (Note: The Proponent ml/st sl/bmit at least 

interests. affiliates. subsidiaries and principals. if any: 

two (2) docl/mellfary evidences to support this statemellf , i.e., Birth 

Certificate, Passport, Voter's I.D., other competent Goverllmellf-Issued ID 

or docl/ment) :

c: 

~ 

c.2 List of on-going and completed projects, as well as projects in the c.2 The Proponent is qualified to join the public bidding being conducted 

pipeline which are similar to the proposed development and which the by BCDA concerning the privatization/disposition of the subject Properties; 

Proponent (and its consortium members) has undertaken in the last jive (5) 

years, including description, extent and nature of the Proponent '.I' 

participation, status, investments made and project cost involved; and 

c.3 Summary of the jinancial standing of the Proponent for the past c.3 The Proponent isjinancially capable to dewlop the subject 

three (3) years. Properties in accordance with the development restrictions of the 

Properties and all other pertinent government standards; 

c.4 Alllhority for BCDA or its duly alllhorized representative/s to verifY 

all of the documents submitted and authorizing BCDA to check or review, at 


Proponent or the proposal and should such review uncover any 

misrepresentations made in the eligibility or proposal documents, or any 

change in the situation of the Proponent, which affects the substance of its 

proposal, BCDA may disqualifj' the Proponent from obtaining any 

award/contract; 

c.5 Declaration of any legal or other impediments which may aifect the 

Proponent 's ability to participate in the bidding, or a declaration stating 

the absence of such legal impediments. 

d. SEC-certified true copy of the Proponent's (as well as for all members of the [Not Applicable J 

consortium) audited financial statements for the past three (3) years or, for 

foreign corporations, any equivalent document duly authenticated by the 

Philippine Consulate based in the foreign country's domicile; Audited 

/ 

financial statements for the past thrcc (3) years shall refer to audited financial 

statements for the years ending December 2008, 2009 and 20 I0, or their 

.J> .•... equivalents (if financial statements are not on a calendar year basis) . 

'1

e. SEC registration of the Proponent (and its consortium members) or, for [Not Applicable] 

~ '\ 

foreign corporations, the foreign equivalent of the document duly 

" 

authenticated 

domicile. 

by the Philippine Consulate based in the foreign company's 

f. Articles of Incorporation and By-Laws of the Proponent (and its consortium [Not Applicable] 

members), as amended by the latest amendments or revisions. 

g. A Board Resolution duly certified by the Proponent's (and its consortium [Not Applicable] 

members') Corporate Secretary expressly authorizing the corporation's 

participation in the bidding, nominating, appointing, and authorizing a 

representative to communicate, represent, sign and execute contracts and 

other documents relative thereto. 

'1 

h. Lettcr testimonial from at least one (1) reputable universal bank stating that d. Certification from the a reputable universal bank stating that the Proponent 

the Proponent (including all members of the consortium) is banking with is banking with them, and that the Proponent has available credit equivalent 

them and is/arc in good financial standing. 

to the amount of required networth. 

i. Tax clearance issued by the BIR which shall have an effectivity date of no e. Income Tax Returns for 2008, 2009 and 20 I0 

earlier than 30 June 20 II indicating that the Proponent has no pending 

unpaid tax liabilities, and the latest Income and Business Tax Returns for the 

quarter ended 30 June 2011. In case of foreign corporation, the tax clearance 

and tax returns may be substituted by the appropriate equivalent documents 

issued by its country, which documents must be duly acknowledged or 

authenticated by the Philippine Consulate therein. 

j. Certification under oath by the Proponent (and all its Consortium members) [Addressed by the Affidavit in Item C] 

that each of the documents submitted in satisfaction of the eligibility 

requirements is an authentic and original copy, or a true and faithful 

reproduction or copy of the original, complete, and that all statements and 

/ 

- information provided therein are true and correct. 

" 

i. 

\

k. A letter authorizing BCDA or its duly authorized representative/s to verify [Addressed by the Affidavit in Item C] 

r- ail of the documents submitted and authorizing BCDA to check or review, at 

Second Envelope: 

Final I'roposal 

a. Final Bid Letter expressly indicating the purchase price, the terms of the sale a. Final Bid Letter expressly indicating the purchase price, the terms of the sale 

and the proposed schedule of payments to BCDA (the proposed format is 

and the proposed schedule of payments to BCDA (the proposedformat is 

aI/ached as Annex "K" in the TOR). 

aI/ached as Document No.4) . 

b. Bid Security in the amount of PhP 14,458,643.00 b. Bid Security in the amount ofPhPI4,458,643.00

Document No. I 

(Pro-forma for Individual Proponents) 

LETTER OF INTEREST 

Date 

THE CHAIRMAN 

ADP Phase 3 Committee (ADP-3 Com) 


BCDA Corporate Center, 2/F Bonifacio Technology Center 

31 st St., Crescent Park West, Bonifacio Global City 

Taguig City, Metro Manila 

Subject: ADI' Phllse - 3 

Mlldam: 

In compliance with the requirements set forth in the Terms of Reference (TOR) for the 

PrivatiZlltion and Development of the approximately 16,911.13 square meters Portion of Drivillg 

Range and Nichols Loop Property, the undersigned hereby expresses its intention to submit II 

proposal for the subject Properties. 

The Proposed Land Use/s for the Property: 

_ 

General Description of the Development: 

(provide a general description of the projectldevelopment to be undertaken such as, but 

not limited to the proposed GFAfor each land use, the type of structures to be built, and 

the proposed schedule of the development) 

Submitted by: 

Nllme and Signllture of the Proponent 

Official Address 

ContactlTelephone Numbers

Documetlt NO.2 

(Pro-forma Affidavit for Individual Proponents) 

Republic of the Philippines) 

City of 

------- 

) C.c. 

I, --------- 

AFFIDAVIT 

of legal age, single/married and with postal address at 

_______________ after having been sworn to in accordance with law, 

hereby depose and say: 

I. I am a Filipino citizen qualified to own land in the Philippines under the laws of 

the Republic of the Philippines and I possess all the qualifications and none of the 

disqualifications to acquire real property in the Philippines. as evidenccd by 

certified true copies of my and (Note The 

------ 

Propotletlt, together with this Affidavit, must submit at least two (2) 

documelltary evidetlces to support this statemefll, i.e., Birth Certificate, 

Passport, Voter's J.D., other competetlt GOI'eTllmetlt-Jssued JD or documetlt). 

2. I am qualified to join the public bidding to be conducted by BCDA by evidence of 

the following information and documents concerning the privatization and 

development of the approximately 16,911.13 square meters Portion of Driving 

Range and Nichols Loop Property. 

3. I am financially capable to develop the abovementioned properties in accordance 

with the restrictions to the properties and all other pertinent government standards 

such as, but not limited to, the National Building Code, the Fire Code, and other 

relevant laws, rules, regulations and issuances of the agencies of the National 

Government and of the Local Government, both existing and in the future. 

4. That I have no past/pending legal cases which may affect my ability to participate 

in the bidding. 

-OR- 

That I havelhad the following legal cases filed against me: 

Venue Nature of 

Case Title Case o. (MTC, RTC, the Case Status 

NLRC, etc.) 

5. I authorize BCDA or its authorized representatives to conduct any investigation to 

verify all of the documents submitted and to check or review, at any time during

J 

the bidding process, other relevant information affecting my position as a bidder 

or my proposal. Should such review uncover any misrepresentations made in this 

affidavit or proposal documents, or any change in my situation as a Proponent, 

which might affeet the substance of my proposal, BCDA may disqualify me from 

obtaining 

any award/contract. 

6. That I, hereby accept the qualification criteria set by the ADP-3 Committee of 

BCDA as contained in the TOR for the privatization and development of the 

approximately 16,911.13 square meters Portion of Driving Range and Nichols 

Loop Property, including all annexes, bid bulletins and enclosures thereof, and 

that I acknowledge and accept that the interpretation of BCDA of the TOR as well 

as the Eligibility Documents and all other documents submitted by the Proponents 

in relation to this bidding shall prevail; and, 

7. I am executing this affidavit in compliance with the eligibility requirements set 

forth in Terms of Reference (TOR) regarding the public bidding of the said 

properties. 

8. I certify that all information in this Affidavit, including each of the documents 

submitted in satisfaction of the eligibility requirements is an authentic and 

original copy, or a true and faithful reproduction or copy of the original, complete, 

and that all statements and information provided therein are true and correct, and 

hold myself liable, criminally and civilly, for any misrepresentation or false 

statement 

made therein. 

WITNESS WHEREOF, I have hereunto affixed my signature this __ day of 

______ ,'2011 in Taguig City. 

Affiant 

SUBSCRIBED AND SWORN TO before me in the city of this 

day of 2011 by who satisfactorily proven to me hislher identity 

through hislher ID No. valid until , that he/she is the same person 

who personally signed before me the foregoing affidavit and acknowledged that he/she executed 

the same. 

Doc. No. 

Page No. 

Book No. 

Series of20 

II. 

_ 

_ 

_ 

NOTARY 

PUBLIC

j 

Docllmellt NO.3 

(Pro-forma for Individual Proponents) 

WAIVER OF RIGHT TO SEEK LEGAL REMEDIES 

Date 

THE CHAIRMAN 

ADP Phase - 3 Committee (ADP-3 Com) 





Subject: 

ADP Phasc-3 

Madam: 

In connection with the bidding for the privatization and development of the approximately 

16,911.13 square meters Portion of Driving Range and Nichols Loop Property, the undersigned 

hereby expressly and formally commits to abide by the decision of the Asset Disposition 

Program Phase 3 Committee (ADP-3 Com), and recognizes the sole right and discretion of the 

ADP-3 Com to determine the Winning Proponent. 

Accordingly and in accordance with the Terms of Reference (TOR) for Phase 3 of the ADP 

involving the subject properties, this serves as my formal waiver of any right to file any form of 

legal remedy or action before any court, tribunal or administrative body to prevent BCDA from 

awarding and executing a contract with the Winning Proponent determined by ADP-3 Com. 

Submitted 

by: 

Name and Signature 

of the Proponent 


ContactlTelephone 

Numbers

Document 

NO.4 

(Pro.forma for Individual Proponents) 

FINAL BID LETTER 

Date 

THE CHAIRMAN 

ADp.3 Phase Committee (ADP-3 Com) 





Subject: ADp Phase. 3 

Madam: 

In accordance with the Terms of Reference (TOR) pertaining to the bidding for the privatization 

and development of the approximately 16,911.13 square meters Portion of Driving Range and 

Nichols Loop Property, this serves as a formal proposal to purchase the subject Property. The 

terms of the sale shall be as follows: 

Final Bid Price: Amount in words (PhI' ) 

Term: Full Payment OR Installment 

Amount 

Date of Payment 

For Full Payment PhI' Within 15 calendar days from 

issuance of NO A 

For Installment 

PhI' 

Up front Cash (Equivalent to PhI' Within 15 calendar days from 

20% of the Bid Price for the issuance of NO A 

Property) 

Balance of the Bid Price for PhI' Within 45 calendar days from 

the Property issuance of NO A which shall 

also be the date for the signing of 

the DOAS 

Submitted 

by: 

Name and Signature 

of the Proponent 


Contact/Telephone 

Numbers

Bid Bulletin No. 1_Driving Range and Nichols Loop Property

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