Chapter Six Procurement of Works Under R.A.

9184 and its IRR

1. DEFINITION OF TERMS 1.1 Contractors Bid I s the completed bidding document submitted by the Contractor to the PROCURING ENTITY. 1.2 Bill of Quantities - Means the priced and completed Bill of Quantities forming part of the Bid. 1.3 Contract Is the contract between the PROCURING ENTITY and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in GCC. 1.4 Contract Price Is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. 1.5 Dayworks Are varied work inputs subject to payment on a time basis for the Contractors employees and Equipment, in addition to payments for associated Materials and Plant. 1.6 Drawings Include calculations and other information provided or approved by the Procuring Entitys Engineer for the execution of the Contract. 1.7 Specification Means the specification of the Works included in the Contract and any modification or addition made or approved by the Procuring Entitys Engineer. 1.8 Arbiter Is the person appointed jointly by the PROCURING ENTITY and the Contractor to resolve disputes in the first instance, as provided for in GCC Clause 19 hereunder. 1.9 Contractor Is a person or corporate body whose Bid to carry out the Works has been accepted by the PROCURING ENTITY. 1.10 Procuring Entity Is the party who employs the Contractor to carry out the Works stated in the Site. 1.11 Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site. 1.12 Procuring Entitys Engineer Is the person named in the SCC (or any other competent person appointed by the PROCURING ENTITY and notified to the Contractor, to act in replacement of the PROCURING ENTITYs Engineer) who is responsible for supervising the execution of the Works and administering the Contract. 1.13 Start Date Is given in the sec. It is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates. 1.14 Intended Completion Date Is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the SCC. The Intended Completion Date may be revised only by the PROCURING ENTITYs Engineer, By issuing an extension of time or an acceleration order. 1.15 Days are calendar days; Months are calendar months.

1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29

Defects Liability Period Is the period named in the SCC and calculated from the Completion Date. Defects Liability Certificate Is the certificate issued by the PROCURING ENTITYs Engineer upon correction of defects by the Contractor. Completion Date Is the date of completion of the Works as certified by the PROCURING ENTITYs Engineer, in accordance with GCC Clause 50. Contract Price Is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Compensation Events Are those defined in GCC Clause 44 hereunder. Equipment Is the Contractors machinery and vehicle s brought temporarily to the Site to construct the Works. Defect Is any part of the Works not completed in accordance with the Contract. Materials Are all supplies including consumables, used by the Contractor for incorporation in the Works. Plant Is any integral part of the Works that shall have a mechanical, electrical chemical or biological function. Site Is the area defined as such in the SCC. Site Investigation Reports Are those that were included in the Bidding Documents and are factual and interpretative reports about the surface and subsurface conditions at the Site. Temporary Works Are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works. Variation Is an instruction given by the PROCURING ENTITYs Engineer which varies the Works. Works Are what the Contract requires the Contractor to construct, install, and turn over to the PROCURING ENTITY, as defined in the SCC.

2. INTERPRETATION 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Heading s has no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The PROCURING ENTITYs Engineer will provide instructions clarifying queries about these conditions of Contract. If sectional completion is specified in the sec, reference in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works). The documents forming the Contract shall be interpreted in the following order of priority: (a) Agreement (b) Letter of Acceptance (c) Contractors Bid (d) Special Conditions of Contract

2.2

2.3

(e) Conditions of Contract (f) Specification (g) Drawings (h) Bill of Quantities (i) Any other document listed in the SCC as forming part of the Contract.

3.

LANGUAGE AND LAW

3.1 The language of the Contract is English and the law governing the Contract is that of the Republic of the Philippines.

4.

DOCUMENTS COMPRISING THE BID The bid submitted by the Bidder shall comprise the following: Documents Comprising the Bid, Technical and Financial Proposals The Technical and Financial Proposals shall contain the following information: Technical Proposal: (a) Bid Security as to form, amount and validity period (b) Authority of the signing official (c) Construction schedule and S-curve (d) Manpower schedule (e) Construction Methods (f) Organizational chart for the contract to be Bid (g) List of contractors personnel (Project Manager, Project Engineers, Materials Engineers, and Foremen), to be assigned to the contract to be Bid, with their complete qualification and experience data (h) List of contractors equipment units, which are owned, leased, and/or under purchase agreements, supported by the certification of availability of equipment from the equipment lessor/vendor for the duration of the project (i) Equipment utilization schedule (j) Affidavit of site inspection (k) Written commitment from the contractors bank to extend to it a credit line if awarded the contract to be Bid, or a cash deposit certificate specifically committed to the contract or project, if awarded, in an amount not lower than that set in the BDS. (l) Construction safety and health program of the contractor (m) Certificate from the Bidder under oath of its compliance with existing labor laws and standards (n) A sworn affidavit in accordance with ITB clause 3.7 (o) Any other documents described in the BDS. Financial Proposal

4.1

4.2

a) Bid prices in Bill of Quantities in the prescribed Bid form b) Detailed estimates including a summary sheet indicating the unit prices of construction materials, labor rates and equipment rentals used in corning up with the Bid c) Cash flow by the quarter and payments schedule d) Any other document described in the BDS 4.3 If indicated in the BDS, all Financial Proposals that exceed the ABC as in the BDS, shall be rejected.

5. 5.1 5.2

BID PRICES The Contract shall be for the whole Works, as described in ITB clause 1.1, based on the priced Bill of Quantities submitted by the Bidder. The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a require item is provided, but no price is indicated, the same shall be considered 0 (zero) for the said item would mean that it is being offered for free to the Government. All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, prior to the deadline for submission of Bids, shall be included in the rates, prices, and total Bid price submitted by the Bidder. For the given scope of work in the contract as awarded, all Bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances as indicated in the BDS and specified in GCC Clause 49 and the see.

5.3

5.4

6. 6.1 6.2

BID VALIDITY Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) days from the date of the opening of Bids. In exceptional circumstances, the PROCURING ENTITY may request that the Bidders extend the period of validity for a specified additional period. The request and the Bidders responses shall be made in writing or by cable. A Bidder may refuse the request without forfeiting the Bid Security. A Bidder agreeing to the request will not be required or permitted to otherwise modify the Bid, but will required to extend the validity of Bid Security for the period of extension, and in compliance with ITB clause 15 in all respects.

6.3

In the case of contracts in which the Contract Price is fixed (not subject to price adjustment), if the period of Bid validity is extended beyond sixty (60) days after the original Bid validity period, the Bid prices, may be adjusted by applying the factors specified in the BDS or in the request for extension, for the period of delay beyond sixty (60) days after the expiry of the initial Bid validity, up to the notification of award. Bid evaluation will be based on the Bid prices without taking the correction into consideration.

7. 7.1 7.2

DETAILED EVALUATION AND COMPARISON OF BIDS The PROCURING ENTITY will evaluate and compare in detail, only the Bids that are rated passed for both Technical and Financial Proposals. In evaluating the Bids to get the Lowest Calculated Bid the PROCURING ENTITY shall undertake the following: (a) The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids (b) The ranking of the total bid prices as so calculated from the lowest to highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid. To determine the Lowest Calculated Bid, the BAC shall use non discretionary criteria, as stated in the Invitation, which shall include a consideration of the following: (a) The bid must be complete. Bids not addressing or providing all of the required items in the Bidding Documents including where applicable, bill of quantities, 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 Government (b) Minor arithmetical corrections to consider computational errors, omissions and discounts if allowed, in the Bidding Documents to enable proper comparison of all eligible bids. Any adjustment shall be calculated in monetary terms to determine the calculated prices. The BAC shall evaluate all bids on an 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, valued added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison. In case of discrepancies between: (a) Bid prices in figures and in words, the latter shall prevail (b) The unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the opinion of the PROCURING ENTITY there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern, and the unit rate will be corrected. (c) The total Bid amount and the sum of total costs per item, the sum of the total costs per item shall prevail and the total Bid amount will be corrected

7.3

7.4

7.5

7.6

7.7

7.8

(d) Unit cost in the detailed estimate and unit cost in the bill of quantities, the latter shall prevail. Based on the detailed evaluation of bids, those that comply with the requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other, which exceed the approved budget for the contract shall not be considered. If so provided in the BDS, in case Lowest Calculated Bid Price, is seriously unbalanced or front loaded for major items of work as determined by the PROCURING ENTITY, the PROCURING ENTITY may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. Major items are those costing at least twenty percent (20%) of the total cost based on the ABC is considered unbalanced or front loaded. After evaluation of the price analyses, taking into consideration the schedule of the estimated Contract payments, the PROCURING ENTITY may require that the amount of the Performance Security set forth in be increased at the expense of the Bidder to level sufficient to protect the PROCURING ENTITY against financial loss in the event of default of the successful Bidder under the Contract. The estimated effect of any price adjustment conditions under GCC clause 49 of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation.

8. 8.1

POST QUALIFICATION OF THE LOWEST CALCULATED BID The PROCURING ENTITY shall conduct post qualification to determine whether the Bidder that is evaluated to have the Lowest Calculated Bid complies with and is responsive to all requirements and conditions for eligibility and the Bidding of the contract. The determination shall use non-discretionary pass/fail criteria and be based upon examination, verification and validation of the documentary evidence of the Bidders eligibility/qualifications submitted by the Bidder pursuant to ITB clauses 3 and 5 and the Technical and Financial Proposals for ITB clause 11. If the said Bidder passes the postqualification, his Bid shall be declared as the Lowest Calculated and Responsive Bid.

9.

THE CONTRACTORS OBLIGATIONS

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9.2

9.3 9.4 9.5

9.6

9.7 9.8 9.9

9.10

The Contractor shall carry out the Works properly and in accordance with the Contract. The Contractor shall provide all supervision, labor, Materials, Plant and Contractors Equipment, which may be required. All Materials and Plant on Site shall be deemed to be the property of the PROCURING ENTITY. The Contractor shall commence execution of the Works on the Start Date and shall carry out the Works in accordance with Program submitted by the Contractor, as updated with the approval of the PROCURING ENTITYs Engineer, and complete them by the Intended Completion Date. The Contractor shall be responsible for the safety of all activities on the site. The Contractor shall carry out all instructions of the PROCURING ENTITYs Engineer that comply with the applicable laws where the Site is located. The Contractor shall employ the key personnel named in the Scheduled Key Personnel, as referred to in the SCC to carry out the supervision of the Works. The PROCURING ENTITY will approve any proposed replacement of key personnel only if their relevant qualifications and abilities are equal to or better than those of the personnel listed in the Schedule. If the PROCURING ENITYs Engineer asks the Contractor to remove a person who is a member of the Contractors staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract. During continuance of the contract, the Contractor and his subordinates shall abide at all times by all labor laws, including child labor related enactments, and other relevant rules. The Contractor shall submit to the PROCURING ENTITY for consent the name and particulars of the person authorized to receive instructions on behalf of the Contractor. The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the PROCURING ENTITY between the dates given in the Schedule of Other Contractors, as referred to in the SCC. The Contractor shall also provide facilities and services for them as described in the Schedule. The PROCURING ENTITY may modify the Schedule of Other Contractors, and shall notify the Contractor of any such modification. Should anything of historical or other interest or of significant value is unexpectedly discovered on the Site, it shall be the property of the PROCURING ENTITY. The Contractor shall notify the PROCURING ENTITYs Engineer of such discoveries and carry out the PROCURING ENTITYs Engineers instructions for dealing with them.

10. 10.1

CONTRACTORS RISK The contractor shall assume full responsibility for the contract work from the time project construction commenced up to final acceptance by the government and shall be held responsible for any damage or destruction of the works except those occasioned by force majeure. The contractor shall be fully responsible for the safety, protection, security, and convenience of his personnel, third parties, and the public at large, as well as the works,

equipment, installation and the like to be affected by his construction work and shall be required to put up a warranty security in the form of cash, bank guarantee, letter of credit, GSIS or surety bond callable on demand, in accordance with the following schedule: Form of Warranty Minimum Amount in % of Total Contract Price 1. Cash deposit, cash bond or letter of credit Five percent (5%) 2. Bank guarantee Ten percent (10%) 3. Surety bond Thirty percent (30%) The warranty security shall be stated in the Philippine Pesos, shall remain effective during the applicable warranty period as provided in SCC, and shall be returned only after the lapse of the said warranty period.

11. 11.1

TERMINATION

The PROCURING ENTITY or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. 11.2 Fundamental breaches of Contract shall include, but shall not be limited to the following: (a) The Contractor stops work for twenty eight (28) days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the PROCURING ENTITYs Engineer. (b) The PROCURING ENTITYs Engineer instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within twenty eight (28) days. (c) The PROCURING ENTITY or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation. In the case of the Contractors insolvency, any Contractors Equipment which the PROCURING ENTITY instructs in the notice is to be used until the completion of the Works. (d) A payment certified by the PROCURING ENTITYs Engineer is not paid by the PROCURING ENTITY to the Contractor within eighty four (84) days from the date of the PROCURING ENTITYs Engineers certificate. (e) The PROCURING ENTITYs Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the PROCURING ENTITYs Engineer. (f) The Contractor does not maintain a Security, which is required (g) The Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid; as defined in the SCC. (h) If the Contractor, in the judgment of the PROCURING ENTITY has engaged in corrupt, coercive, collusive or fraudulent practices in competing for or in executing the Contract.

11.3 For the purpose of GCC Clause 17.2(h) corrupt and fraudulent practices are defined as follows: i. corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering , on behalf of the Government , into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. ii. Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the borrower, and includes collusive practices among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial, non competitive levels and to deprive the borrower of the benefits of free and open competition. iii. Collusive practice means a scheme of arrangement between two or more Bidders, with or without the knowledge of the PROCURING ENTITY, designed to establish Bid prices at artificial, non-competitive levels. iv. Coercive practice means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract. 11.4 The Funding Source, Borrower or PROCURING ENTITY, as appropriate, will seek to impose the maximum civil, administrative and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with corrupt or fraudulent practices. 11.5 When either party to the Contract gives notice of a breach of Contract to the PROCURING ENTITYs Engineer for a cause other than those listed under Clause 17.2 above, the PROCURING ENTITYs Engineer shall decide whether the breach is fundamental or not. 11.6 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible.

12. 12.1

FORCE MAJEURE, RELEASE FROM PERFORMANCE If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the PROCURING ENTITY or the Contractor, The PROCURING ENTITYs Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.

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12.4

If the event continues for a period of eighty four (84) DAYS, EITHER Party may then give notice of termination, which shall take effect twenty eight (28) days after the giving of the notice. After termination, the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following; (a) Any sums to which the Contractor is entitled under GCC Clause 271.27.1 (b) The Cost of his suspension and demobilization (c) Any sums to which the PROCURING ENTITY is entitled The net balance due shall be paid or repaid within twenty eight (28) days of the notice of termination.

SPECIFICATIONS Notes on Specifications A set of precise and clear specification s is a prerequisite for Bidders to respond realistically and competitively to the requirements of the PROCURING ENTITY without qualifying or conditioning their Bids. In the context of international competitive bidding, the specifications must be drafted to permit the widest possible competition and, at the same time, present a clear statement of the required standards of workmanship, materials, and performance of the goods and services to be procured. Only if this is done will the objectives of economy, efficiency, and fairness in procurement be realized, responsiveness of Bids be ensured, and the subsequent task of Bid evaluation facilitated. The specifications should require that all goods and materials to be incorporated in the Works be new, unused, of the most recent or current models, and incorporate all recent improvements in design and materials unless provided otherwise in the Contract. Samples of specification from previous similar projects are useful in this respect. The use of metric units is mandatory. Most specifications are normally written specially by the PROCURING ENTITY or its Engineer to suit the Contract Works at hand. There is no standard set of Specifications for universal application in all sectors in all regions, but there are established principles and practices, which are reflected in these SBD. There are considerable advantages in standardizing General Specifications for repetitive Works in recognized public sectors, such as highways, ports, railways, urban housing, irrigation, and water supply, in the same country or region where similar conditions prevail. The General Specifications should cover all classes of workmanship, materials, and equipment commonly involved in construction, although not necessarily to be used in a particular Works Contract. Deletions or addenda should then adapt the General Specifications to the particular Works.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of standards for good, materials, and workmanship, recognized international standards should be used as much as possible. Where other particular standards are used, whether national standards or other standards, the specifications should state that goods, materials, and workmanship that meet other authoritative standards, and which ensure substantially equal or higher quality than the standards mentioned, will also be acceptable. The following clause may be inserted in the Special Conditions or Specifications. Sample Clause: Equivalency of Standards and Codes Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in the effect shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national, or relate to a particular country or region, other authoritative standards that ensure a substantially equal or higher quality than the standards and codes specified will be accepted subject to the higher quality than the standards and codes specified will be accepted subject to the PROCURING ENTITYs Engineers prior review and written consent. Differences between the standards specified and the proposed alternative standards shall be fully described in writing by the Contractor and submitted to the PROCURING ENTITYs Engineer at least twenty eight (28) days prior to the date when the Contractor desires the PROCURING ENTITYs Engineers consent. In the event the PROCURING ENTITYs Engineer determines that such proposed deviations do not ensure substantially equal or higher quality, the Contractor shall comply with the standards specified in the documents.

BILL OF QUANTITIES Notes on the Bill of Quantities Objectives The objectives of the Bill of Quantities are: (a) To provide sufficient information on the quantities of Works to be performed to enable Bids to prepared efficiently and accurately (b) When a Contract has been entered into, to provide a priced Bill of Quantities for use in the periodic valuation of Works executed. In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to distinguish between the different classes

of Works, or between Works of the same nature carried out in different locations or in other circumstances which may give rise to different considerations of const. Consistent with these requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible. Daywork Schedule A daywork Schedule should be included only if the probability of unforeseen work, outside the items included in the Bill of Quantities, is high. To facilitate checking by the Entity of the realism of rates quoted by the Bidders, the Daywork Schedule should normally comprise the following: (a) A list of the various classes of labor, materials, and Constructional Plant for which basic daywork rates or prices are to be inserted by the Bidder, together with a statement of the conditions under which the Contractor will be paid for work executed on a daywork basis. (b) Nominal quantities for each item of Daywork, to be priced by each Bidder at Daywork rates as Bid. The rate to be entered by the Bidder against each basic Daywork item should include the Contractors profit, overheads, supervision, and other charges. Provisional Sums A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often facilitates budgetary approval by avoiding the need the need to request periodic supplementary approvals as the future need arises. Where such provisional sums or contingency allowances are used, the SCC should state the manner in which they will be used, and under whose authority (usually the PROCURING ENTITYs Engineers). The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other contractors (refer to Clause 8 of the Conditions of Contract) should be indicated in the relevant part of the Bill of Quantities as a particular provisional sum with an appropriate brief description. A separate procurement procedure is normally carried out by the PROCURING ENTITY to select such specialized contractors. To provide an element of competition among the Bidders in respect of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime Contractor for the use and convenience of the specialist contractors, each related provisional sum should be followed by an item In the Bill of Quantities inviting the Bidder to quote a sum for such amenities, facilities, attendance, etc. These Notes for Preparing a Bill of Quantities are intended only as information for the PROCURING ENITITY or the person drafting the Bidding Documents. They should not be included in the final documents.

INVITATION TO APPLY FOR ELIGIBILITY AND TO BID Notes on the Invitation to Bid The Invitation to Apply for Eligibility and to Bid shall be: (a) Advertised at least twice within a maximum period of fourteen (14) calendar days, with a minimum period of six (6) calendar days between publications, in a newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement (b) Posted continuously in the website of the PROCURING ETITY concerned, if available, the website of the PROCURING ENTITYs service provider, if any, and the Government Electronic Procurement System (G-EPS) during the maximum period of fourteen (14) calendar days. (c) Posted at any conspicuous place reserved for this purpose in the premises of the PROCURING ENTITY concerned, as certified by the head of the Bids and Awards Committee (BAC) Secretariat of the PROCURING ENTITY during the maximum period of fourteen (14) calendar days. (d) In the case of ADB, WB and JBIC funding sent to all who have expressed an interest in undertaking the works as a result of any General Procurement Notice issued (e) In addition, sent to all heads of associations of contractors within the area. The invitation provides information that enables interested Bidders to decide whether to participate. Apart from the essential items listed in the Bidding Documents, the Invitation should also indicate the following: (a) The Bidding Documents shall be issued within thirty (30) calendar days from the last day of the period of advertising and/or posting of the invitation to Apply for Eligibility and to Bid; In the case of ADB,JBIC and WB, the Bidding Documents must be available for purchase for a minimum of thirty (30) days (b) The following deadline for submission for Bids from the last day of the period for advertising and/or posting of the Invitation: [Estimated Contract Cost (in pesos); period] i. Up to twenty five (25) million Pesos, 15 to 30 calendar days ii. Above twenty five (25) million up to fifty (50) million Pesos, 15 to 45 calendar days iii. Above fifty (50) million up to two hundred (200) million Pesos, 30 to 60 calendar days iv. Above two hundred (200) million Pesos, 60 to 90 calendar days (c) Any important Bid evaluation criteria (for example, the application of a margin of preference in Bid evaluation ) or qualification requirement (for example, a requirement for a minimum level of experience in constructing similar works for which the Invitation is issued).