Asphalt Overlay of CDC Roads - Clark Freeport Zone

Entity shall approve or disapprove the said recommendation. In thecase of government owned and government-owned and/or -controlledcorporations (GOCCs) and government financial institutions (GFIs), theperiod provided herein shall be fifteen (15) calendar days.29. Reservation Clause29.1. Notwithstanding the eligibility or post-qualification of a bidder, theProcuring Entity concerned reserves the right to review itsqualifications at any stage of the procurement process if it hasreasonable grounds to believe that a misrepresentation has been madeby the said bidder, or that there has been a change in the Bidder’scapability to undertake the project from the time it submitted itseligibility requirements. Should such review uncover anymisrepresentation made in the eligibility and bidding requirements,statements or documents, or any changes in the situation of the Bidderwhich will affect its capability to undertake the project so that it failsthe preset eligibility or bid evaluation criteria, the Procuring Entity shallconsider the said Bidder as ineligible and shall disqualify it fromsubmitting a bid or from obtaining an award or contract.29.2. Based on the following grounds, the Procuring Entity reserves the rightto reject any and all Bids, declare a Failure of Bidding at any time priorto the contract award, or not to award the contract, without therebyincurring any liability, and make no assurance that a contract shall beentered into as a result of the bidding:(a)(b)(c)If there is prima facie evidence of collusion between appropriatepublic officers or employees of the Procuring Entity, or betweenthe BAC and any of the bidders, or if the collusion is between oramong the bidders themselves, or between a bidder and a thirdparty, including any act which restricts, suppresses or nullifies ortends to restrict, suppress or nullify competition;If the Procuring Entity’s BAC is found to have failed in followingthe prescribed bidding procedures; orFor any justifiable and reasonable ground where the award ofthe contract will not redound to the benefit of the Governmentas follows:(i)(ii)If the physical and economic conditions have significantlychanged so as to render the project no longereconomically, financially or technically feasible asdetermined by the head of the procuring entity;If the project is no longer necessary as determined bythe head of the procuring entity; and28Clark Development CorporationSection II Instructions to BiddersAsphalt Overlay of CDC Roads