PHILIPPINE BIDDING DOCUMENTS (As Harmonized with Development Partners) PROCUREMENT OF 1-YEAR SECURITY SERVICES FOR MRT3 Government of the Republic of the Philippines Fifth Edition August 2016 Department of Transportation Preface These Philippine Bidding Documents (PBDs) for the procurement of Goods through Competitive Bidding have been prepared by the Government of the Philippines (GOP) for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the government, including government-owned and/or -controlled corporations (GOCCs), government financial institutions (GFIs), state universities and colleges (SUCs), and local government units (LGUs) and autonomous regional government. The procedures and practices presented in this document have been developed through broad experience, and are for mandatory1 use in projects that are financed in whole or in part by the GOP or any foreign government/foreign or international financing institution in accordance with the provisions of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184. The Bidding Documents shall clearly and adequately define, among others: (a) the objectives, scope, and expected outputs and/or results of the proposed contract; (b) the eligibility requirements of bidders, such as track record to be determined by the Head of the Procuring Entity; (c) the expected contract duration, the estimated quantity in the case of procurement of goods, delivery schedule and/or time frame; and (d) the obligations, duties, and/or functions of the winning bidder. In order to simplify the preparation of the Bidding Documents for each procurement, the PBDs groups the provisions that are intended to be used unchanged in Section II. Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data and provisions specific to each procurement and contract should be included in Section III. Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC); Section VI. Schedule of Requirements; Section VII. Technical Specifications, and Section IX. Foreign-Assisted Projects. The forms to be used are provided in Section VIII. Bidding Forms. Care should be taken to check the relevance of the provisions of the PBDs against the requirements of the specific Goods to be procured. In addition, each section is prepared with notes intended only as information for the Procuring Entity or the person drafting the Bidding Documents. They shall not be included in the final documents, except for the notes introducing Section VIII. Bidding Forms where the information is useful for the Bidder. The following general directions should be observed when using the documents: (a) All the documents listed in the Table of Contents are normally required for the procurement of Goods. However, they should be adapted as necessary to the circumstances of the particular Project. Page 2 of 132 1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign government/foreign or international financing institution procurement guidelines. 2 (b) Specific details, such as the “name of the Procuring Entity” and “address for bid submission,” should be furnished in the ITB, BDS, and SCC. The final documents should contain neither blank spaces nor options. (c) This Preface and the footnotes or notes in italics included in the Invitation to Bid, BDS, SCC, Schedule of Requirements, and Specifications are not part of the text of the final document, although they contain instructions that the Procuring Entity should strictly follow. The Bidding Documents should contain no footnotes except Section VIII. Bidding Forms since these provide important guidance to Bidders. (d) The cover should be modified as required to identify the Bidding Documents as to the names of the Project, Contract, and Procuring Entity, in addition to date of issue. (e) If modifications must be made to bidding requirements, they can be presented in the BDS. Modifications for specific Project or Contract details should be provided in the SCC as amendments to the Conditions of Contract. For easy completion, whenever reference has to be made to specific clauses in the BDS or SCC these terms shall be printed in bold type face on Section I. Instructions to Bidders and Section III. General Conditions of Contract, respectively. 3 TABLE OF CONTENTS SECTION I. INVITATION TO BID ............................................................................5 SECTION II. INSTRUCTIONS TO BIDDERS .............................................................8 SECTION III. BID DATA SHEET ......................................................................... 39 SECTION IV. GENERAL CONDITIONS OF CONTRACT ....................................... 44 SECTION V. SPECIAL CONDITIONS OF CONTRACT ........................................... 61 SECTION VI. SCHEDULE OF REQUIREMENTS .................................................... 73 SECTION VII. TECHNICAL SPECIFICATIONS ..................................................... 93 SECTION VIII. BIDDING FORMS ...................................................................... 103 Section I. Invitation to Bid 5 Republic of the Philippines DEPARTMENT OF TRANSPORTATION DOTr-MRT3 INVITATION TO BID FOR the PROCUREMENT OF 1-YEAR SECURITY SERVICES FOR MRT3 1. The Department of Transportation-MRT3 (DOTr-MRT3), through the General Appropriations Act 2019 (GAA) intends to apply the sum of Two Hundred Fifty Nine Million Eight Hundred Thirty Four Thousand Five Hundred Pesos (Php259,834,500.00) being the Approved Budget for the Contract (ABC) to payments under the contract for the PROCUREMENT OF 1-YEAR SECURITY SERVICES FOR MRT3. Bids received in excess of the ABC shall be automatically rejected at bid opening. 2. The DOTr-MRT3 now invites bids for security services contract with the following description. LOT NO. OF GUARDS TOTAL APPROVED NO LOCATION BUDGET FOR THE CONTRACT (PESOS) inclusive of VAT 750 DOTr-MRT3 Depot and Stations With the necessary 1 to 13 (North Avenue Station to equipment and Taft Avenue Station), including 1 supplies as Php259,834,500.00 the guide-way /carriageway, inter- indicated in the station track areas, footbridges and Bidding the substations. Documents Delivery of the Services is required at the date stated in the Notice to Proceed. Bidders should have completed, within the last five (5) years from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II-Instructions to Bidders. 3. Bidding will be conducted through open competitive bidding procedures using a non- discretionary “pass/fail” criterion as specified in the Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act”. Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations. 4. Interested bidders may obtain further information from the DOTr-MRT3 and inspect the Bidding Documents at the address given below from 8:00am to 5:00pm only. 5. A complete set of Bidding Documents may be purchased by interested Bidders or their duly authorized representatives starting on 16 September 2019 from 8:00 a.m. to 5:00 p.m. until the deadline for the submission and opening of bids at the BAC Secretariat at Administrative Division Office, 2nd Floor, MRT3 Depot, EDSA Corner North Avenue, Brgy. Bagong Pag-asa, Quezon City, upon payment of a non-refundable fee for the Bidding Documents in the amount of Fifty Thousand Pesos (P50,000.00). 6 Bid documents may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (www.philgeps.net) and the DOTr-MRT3 (ww.dotcmrt3.gov.ph) provided that Bidders shall pay the non-refundable fee for the Bidding Documents not later than the deadline for the submission of their bids. 6. The DOTr-MRT3 will hold a Pre-Bid Conference on 23 September 2019, 10:00 a.m. at the MRT3 Depot, EDSA Corner North Avenue, Brgy. Bagong Pag-asa, Quezon City, which shall be open to all interested parties. 7. Bids must be submitted/delivered to the address below not later than 10:00 a.m. 07 October 2019 at MRT3 Depot, EDSA Corner North Avenue, Brgy. Bagong Pag-asa, Quezon City. All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 18. Bid opening shall be on 07 October 2019, 10:00 a.m. onwards at MRT3 Depot, EDSA Corner North Avenue, Brgy. Bagong Pag-asa, Quezon City. Bids will be opened in the presence of the Bidders’ representatives who choose to attend at the address below. Late bids shall not be accepted. 8. The prospective bidders must be licensed and registered Security Agencies who can meet the following minimum requirements: a. In the Security Agency business for at least five (5) years; b. Must have valid and current Regular (Not Provisional) License to Operate (LTO) a Private Security Agency issued by the PNP-Security Agencies Guards Supervision Division (SAGSD); c. Holder of a valid Certificate of Good Standing duly issued by the Philippine Association of Detectives and Protection Agency Operators (PADPAO), Inc. as of the month prior to the publication of the ITB; and d. Must meet the additional set of Technical Specification as stated in the Bidding Documents. 9. The DOTr-MRT3 reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to