SPECIAL BIDS AND AWARDS COMMITTEE FOR THE INTEGRATED GOVERNMENT PHILIPPINES PROJECT (BAC4IGOV)

 

Supplemental Bid Bulletin No. 9

 

CONSTRUCTION OF NATIONAL GOVERNMENT DATA CENTER 3

 

Bid Reference No. BAC4IGOV-2017-03-003

 

After considering the queries, clarifications, recommendations and suggestions, the BAC4IGOV hereby decides to include, revise, amend, delete and/or adapt the following provisions:

Item No. Query BAC4IGOV Response
1 As per last Bid Bulletin No. 8 of NGDC3, it will be noted that the Two Similar Contracts was reduced to Single Largest Contract (See attached screen grab). However, as attached here, and referring on the Bid Bulletin No. 5 dated April 25, 2017, BAC replied on the collective request of contractors/bidders during the pre-bid that the equivalent contract should be “OR at least two (2) contracts of similar nature, the aggregate amount of which should be equivalent to at least fifty (50%) of the ABC, the largest of these contracts must be equivalent to at least twenty five (25%) of the ABC.” (Please see attached) Section 23.4.2.4 of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184 states that:

 

“The prospective bidder must have completed an SLCC that is similar to the contract to be bid, and whose value, adjusted to current prices using the PSA consumer price indices, must be at least fifty percent (50%) of the ABC to be bid: Provided, however, That contractors under Small A and Small B categories without similar experience on the contract to be bid may be allowed to bid if the cost of such contract is not more than the Allowable Range of Contract Cost (ARCC) of their registration based on the guidelines as prescribed by the PCAB.

 

For Foreign-funded Procurement, the GoP and the foreign government/foreign or international financing institution may agree on another track record requirement.

 

Moreover, a contract shall be considered “similar” to the contract to be bid if it has the same major categories of work. The Procuring Entity may clarify in the Bidding Documents what is regarded as major categories of work.”

 

For infrastructure projects, only the Statement of the bidder’s Single Largest Completed Contract similar to the contract to be bid amounting to at least fifty percent (50%) of the ABC is allowed.

 

 

2 “A valid special PCAB License in case of joint ventures, and registration for the type and cost of the contract for this Project”

Kindly enlighten us with this statement. Why is there a need for special PCAB if the JV Partner has PCAB License? Based on our experience from a certain government agency, they no longer require special PCAB since our JV Partner already has an existing PCAB License. Under the Joint Venture Agreement “The undertaking of one is the undertaking of all”.

We suggest that since NGDC1 and NGDC3 requires Certified Data Center Expert Company (with CDCP/CDCE) in building Data Center, and as were have previously experienced with other government agencies that has Data Center build-up projects, JV is enough with a company that has PCAB license, considering that the lead company for this endeavour has vast exposure and wide experience in Data Center design built.

 

As a sort of an unsolicited statement, we have seen few government Data Center projects that did not push thru because of grey side of having a JV with a company with special PCAB vs. requiring JV with Specialty PCAB.

 

believe that we are looking for the experience more than special PCAB. Specialty PCAB requires one (1) month to be processed.

Section 23.1 a) vi) of the 2016 Revised IRR of RA 9184 states that:

 

“In the case of procurement of Infrastructure Projects, a valid Philippine Contractors Accreditation Board (PCAB) License or Special PCAB License in case of Joint Ventures, and registration for the type and cost of the contract to be bid.”

 

Submission of Special PCAB License is required for Joint Venture entities.

3 As per the revised IRR, Special PCAB License is only required if the JV is already in existence.

 

Since we are only submitting a statement, that we are going to enter into a JV in the event of a contract award, do we need to secure a special PBCAB license already upon bid opening? Because as understood this is only required once the contract has been award/jv has been formalized.

Section 23.1 b) of the 2016 Revised IRR of RA 9184 states that:

 

“For Infrastructure Projects, JV bidders shall submit a Joint Venture Agreement (JVA) in accordance with R.A. 4566 and its IRR.”

 

 

The copy of Protocol / Undertaking of Agreement to Enter into Joint Venture will not be accepted since for infrastructure projects, the requirement stated in the 2016 Revised IRR of RA9184 is Joint Venture Agreement.

 

As for the Special PCAB, Section 23.1 a) vi) of the 2016 Revised IRR of RA 9184 states that:

 

“In the case of procurement of Infrastructure Projects, a valid Philippine Contractors Accreditation Board (PCAB) License or Special PCAB License in case of Joint Ventures, and registration for the type and cost of the contract to be bid.”

4 The wrong project title “RE-ROOFING AND WATER PROOFING OF DICT BUILDING, C.P. GARCIA AVENUE, QUEZON CITY”  to “CONSTRUCTION OF NATIONAL GOVERNMENT DATA CENTER 3”   was back again on the last paragraph.

 

Please advise if you will change it so we can issue this exact format now to our client.

 

This is a typographical error. Please use the form attached in this Supplemental Bid Bulletin with the corrected project name.

 

All terms, conditions and instructions to bidders specified in the Bidding Documents inconsistent with this Bid Bulletin are hereby superseded and modified accordingly.

 

Please use the following forms attached in this Supplemental Bid Bulletin:

  • Revised Certificate of Performance Evaluation as of 25 May 2017

For a copy of the document click the link below:

Supplemental Bid Bulletin No. 9 -CONSTRUCTION OF NATIONAL GOVERNMENT DATA CENTER 3

For information and guidance of all concerned.

Issued this 25th day of May 2017.

 

(Original Signed)

ALLAN S. CABANLONG

Chairperson, BAC4IGOV