Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
Proposed Renovation of Former Jacinto Building - Clark Freeport Zone Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
implementation of the project, if the personnel would beinvolved in any capacity on the same project.4.2. In accordance with Section 47 of the IRR-A of RA 9184, all BiddingDocuments shall be accompanied by a sworn affidavit of the Bidderthat it is not related to the Head of the Procuring Entity, members ofthe Bids and Awards Committee (BAC), members of the TechnicalWorking Group (TWG), members of the BAC Secretariat, the head ofthe Project Management Office (PMO) or the end-user unit, and theproject consultants, by consanguinity or affinity up to the third civildegree. On the part of the bidder, this Clause shall apply to thefollowing persons:(a)(b)(c)(d)If the Bidder is an individual or a sole proprietorship, to theBidder himself;If the Bidder is a partnership, to all its officers and members;If the Bidder is a corporation, to all its officers, directors, andcontrolling stockholders; andIf the Bidder is a joint venture (JV), the provisions of items (a),(b), or (c) of this Clause shall correspondingly apply to each ofthe members of the said JV, as may be appropriate.Relationship of the nature described above or failure to comply withthis Clause will result in the automatic disqualification of a Bidder.5. Eligible Bidders5.1. Unless otherwise indicated in the BDS, the following persons shall beeligible to participate in this Bidding:(a)(b)(c)(d)(e)Duly licensed Filipino citizens/sole proprietorships;Partnerships duly organized under the laws of the Philippinesand of which at least seventy five percent (75%) of the interestbelongs to citizens of the Philippines;Corporations duly organized under the laws of the Philippines,and of which at least seventy five percent (75%) of theoutstanding capital stock belongs to citizens of the Philippines;Cooperatives duly organized under the laws of the Philippines,and of which at least seventy five percent (75%) of the interestbelongs to citizens of the Philippines; andPersons/entities forming themselves into a JV, i.e., a group oftwo (2) or more persons/entities that intend to be jointly and10Clark Development CorporationSection II Instructions to BiddersProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
severally responsible or liable for a particular contract: Provided,however, that, in accordance with Letter of Instructions No.630, Filipino ownership or interest of the joint ventureconcerned shall be at least seventy five percent (75%):Provided, further, that joint ventures in which Filipino ownershipor interest is less than seventy five percent (75%) may beeligible where the structures to be built require the applicationof techniques and/or technologies which are not adequatelypossessed by a person/entity meeting the seventy five percent(75%) Filipino ownership requirement: Provided, finally, that inthe latter case, Filipino ownership or interest shall not be lessthan twenty five percent (25%). For this purpose Filipinoownership or interest shall be based on the contributions ofeach of the members of the joint venture as specified in theirJVA.5.2. The Procuring Entity may also invite foreign bidders when provided forunder any Treaty or International or Executive Agreement as specifiedin the BDS.5.3. Government Corporate Entities may be eligible to participate only ifthey can establish that they (a) are legally and financially autonomous,(b) operate under commercial law, and (c) are not dependent agenciesof the GOP or the Procuring Entity.5.4. (a) Unless otherwise provided in the BDS, the Bidder must havecompleted, within ten (10) years from the submission of bids, a singlecontract that is similar to this Project, equivalent to at least fiftypercent (50%) of the ABC adjusted to current prices using the NationalStatistics Office consumer price index.(b) For Foreign-funded Procurement, the Procuring Entity and theforeign government/foreign or international financing institution mayagree on another track record requirement, as specified in the BDS.For this purpose, contracts similar to the Project shall be thosedescribed in the BDS, and completed within the period stated in theInvitation to Bid and ITB Clause12.1 (a) (iii).5.5. The Bidder must submit a computation of its Net Financial ContractingCapacity (NFCC) or a Commitment from a Universal or Commercialbank to extend a credit line in its favor if awarded the contract for thisproject (CLC).The NFCC, computed using the following formula, must be at leastequal to the ABC to be bid:NFCC = [(Current assets minus current liabilities) (K)] minus thevalue of all outstanding or uncompleted portions of the projects11Clark Development CorporationSection II Instructions to BiddersProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
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severally responsible or liable for a particular contract: Provided,however, that, in accordance with Letter <strong>of</strong> Instructions No.630, Filipino ownership or interest <strong>of</strong> the joint ventureconcerned shall be at least seventy five percent (75%):Provided, further, that joint ventures in which Filipino ownershipor interest is less than seventy five percent (75%) may beeligible where the structures to be built require the application<strong>of</strong> techniques and/or technologies which are not adequatelypossessed by a person/entity meeting the seventy five percent(75%) Filipino ownership requirement: Provided, finally, that inthe latter case, Filipino ownership or interest shall not be lessthan twenty five percent (25%). For this purpose Filipinoownership or interest shall be based on the contributions <strong>of</strong>each <strong>of</strong> the members <strong>of</strong> the joint venture as specified in theirJVA.5.2. The Procuring Entity may also invite foreign bidders when provided forunder any Treaty or International or Executive Agreement as specifiedin the BDS.5.3. Government Corporate Entities may be eligible to participate only ifthey can establish that they (a) are legally and financially autonomous,(b) operate under commercial law, and (c) are not dependent agencies<strong>of</strong> the GOP or the Procuring Entity.5.4. (a) Unless otherwise provided in the BDS, the Bidder must havecompleted, within ten (10) years from the submission <strong>of</strong> bids, a singlecontract that is similar to this Project, equivalent to at least fiftypercent (50%) <strong>of</strong> the ABC adjusted to current prices using the NationalStatistics Office consumer price index.(b) For Foreign-funded Procurement, the Procuring Entity and theforeign government/foreign or international financing institution mayagree on another track record requirement, as specified in the BDS.For this purpose, contracts similar to the Project shall be thosedescribed in the BDS, and completed within the period stated in theInvitation to Bid and ITB Clause12.1 (a) (iii).5.5. The Bidder must submit a computation <strong>of</strong> its Net Financial ContractingCapacity (NFCC) or a Commitment from a Universal or Commercialbank to extend a credit line in its favor if awarded the contract for thisproject (CLC).The NFCC, computed using the following formula, must be at leastequal to the ABC to be bid:NFCC = [(Current assets minus current liabilities) (K)] minus thevalue <strong>of</strong> all outstanding or uncompleted portions <strong>of</strong> the projects11<strong>Clark</strong> Development CorporationSection II Instructions to Bidders<strong>Proposed</strong> <strong>Renovation</strong> <strong>of</strong> <strong>Former</strong> <strong>Jacinto</strong> <strong>Building</strong>(Motorpool, Records, Warehouses and Maintenance Area)