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MOM RE NEGO CONF

BIDDING NO. BAC MEETING NO: DATE OF MEETING:

IN19-381683-08 2019-04 18Oct2019 (Fri)

H:\BAC 2019\New Training Building 2019 (Nego)\Meeting\NegoConf (18Oct2019)\FINAL_MoM_NegoConf (18Oct2019).docx 1

M. V SANTIAGO HEALTH CARE SM BRANCH

MINUTES OF NEGO CONFERENCE

BAC MEETING NO: DATE OF MEETING:

2019-04 18Oct2019 (Fri)

BIDDING NO.: TITLE/DESCRIPTION:

IN19-381683-08 Category per RA9184: [ ]GOODS [X] INFRA/WORKS [ ]CONSULTING APPROVED BUDGET CEILING (ABC): ONE LOT CONSTRUCTION OF A FOURTEEN-STOREY REINFORCED

CONCRETE BUILDING COMPRISING FOUR-STOREY MULTI-USE

PODIUM, TEN FLOORS ACCOMMODATION TOWER WITH ROOF DECK

AND BASEMENT PARKING & UTILITIES INCLUDING SITE

DEVELOPMENT AND VARIOUS SITE IMPROVEMENTS AT THE DAP

CONFERENCE CENTER IN TAGAYTAY CITY FOR THE PURPOSES OF

“STRENGTHENING THE CAPACITY OF THE DEVELOPMENT ACADEMY OF

THE PHILIPPINES TO PROVIDE BOTH GENERAL & HIGHLY SPECIALIZED

TRAINING COURSES FOR GOVERNMENT OFFICIALS” – 2ND NEGOTIATED

PROCUREMENT

₱838,000,000.00 BUDGET UTILIZATION SLIP NO.:

Certificate of

Budget Inclusion

PURCHASE REQUEST NO.: END-USER REPRESENTATIVE: OFFICE, CENTER/GROUP:

381683 ERMARIE A. MONDEJAR DAP Conference Center - Tagaytay PROCESSING CONTROL NO.: EARLY START-TIME: TIME ADJOURNED: VENUE OF MEETING:

NP170829012 01:17PM 04:47PM DAP Conference Center, Tagaytay City

HIGHLIGHTS / MINUTES OF THE NEGOTIATION CONFERENCE

01. CALL TO ORDER & VALIDATION OF QUORUM:

01.1. The Negotiation Conference for the above described Project started at exactly 01:17PM and presided by the BAC Chairperson SVP Bernardo A Dizon (BAC Chair BADizon);

01.2. The BAC Chairperson recognized the presence of the BAC, End-User, TWG, Prospective Bidders and the Observers;

01.3. A quorum was called to order and BAC Secretariat Director Atty Remus Romano A Reyes (Atty RRReyes) confirmed the quorum for both BAC and TWG;

01.4. BAC Chairperson introduced the members of…

01.4.1. BAC, End User Representative & Secretariat:

Designation Primary Members (P)/(A) Alternate Members (P)/(A)

01. Chairperson BERNARDO A. DIZON P

02. Vice-Chairperson MONINA A.R. DE ARMAS P

03. Member 1 MONICA D. SALIENDRES A RICHA S. TIBO P

04. Member 2 GILBERT E. LUMANTAO A DANILO C. FILARCA P

05. Member 3 GERALD Y. CRUZ P ALVIN P. PRINCIPE -

06. End User ERMARIE A. MONDEJAR P

07. BAC Sec, Director* ATTY. REMUS ROMANO A. REYES P

08. BAC Documenter* MARIET RIZ M. BRADECINA P JESSERIE ANN P. TAGLE -

09. BAC Sec, Staff* ERMILANDO V. MORATALLA JR. P APRIL P. ESPINO P

10. Observer 1* COA REPRESENTATIVE -

11. Observer 2* OGCC REPRESENTATIVE P NOTE: Alternate member automatically assumes post when the primary member is not available. The primary member shall be responsible to update his/ her alternate member if the latter is unable to attend a scheduled meeting. Likewise, it is the duty of the latter to do the same to the former.

* Non-voting member

development academy of the philippines B I D S & A W A R D S C O M M I T T E E (SO NO.2018-119 & SO-2019-074A)

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01.4.2. Technical Working Group:

POSITION TWG Members (P) / (A)

01. TWG Chairperson ENGR. NELSON L. CASALAN A

02. TWG Vice-Chairperson RENATO P. AGUNOD P

03. TWG Member 1 EDNA CARINA M. PANGANIBAN P

04. TWG Member 2 MARK REX JAYSON M. ATOLE A

05. TWG Member 3 ENGR. CHRISTIAN VER SIGUENZA P

06. TWG Member 4 FILIPINO FRANCISCO P. GOMEZ P

07. TWG Member 5 ENGR. VENER V. MADERAJE P

08. TWG End User Rep ENGR. ANTONIO L. ALEGRIA P

09. TWG Technical Resource Person* ARCHITECT MARK GABRIEL ARCE P

10. TWG Technical Resource Person * MR.. ALDEN C. ONG / ACOCI REP. * Non-voting member

01.4.3. Guests / Observer:

(01) Armin SJ. Kraft, Chief Operating Security Offices (COSO) DAP

02. RECOGNITION OF INVITED OBSERVERS:

02.1. Invited Observers…

02.1.1. Ms. ROSALIE D. SARMIENTO, DAP Auditor, Commission on Audit (COA) no representative attended the Negotiation Conference;

02.1.2. Judge BEL D. DERAYUNAN, Assistant Government Corporate Counsel, Office of the Govt. Corp. Counsel (OGCC), represented by Atty. Wilfredo P. Sudio, Jr;

02.1.3. Usec. MARIO C. VILLAVERDE, Undersecretary, Department of Health (DOH) no representative attended the Negotiation Conference;

02.1.4. Usec. JOSE MIGUEL R. DELA ROSA, Undersecretary, National Economic and Development Authority (NEDA) no representative attended the Negotiation Conference;

02.1.5. Usec. WALDO R. CARPIO, Undersecretary, Department of Agriculture (DA) no representative attended the Negotiation Conference;

02.1.6. Atty. MCJILL BRYANT T. FERNANDEZ, Deputy Executive Secretary for General Administration, Office of the President (OP) no representative attended the Negotiation Conference;

02.1.7. Ms. ALICIA DELA ROSA-BALA, Chairperson, Civil Service Commission (CSC) no representative attended the Negotiation Conference;

02.1.8. Sec. JOHN R. CASTRICIONES, Secretary, Department of Agrarian Reform (DAR) no representative attended the Negotiation Conference;

02.1.9. Usec. CARIM L. PANUMPANG, Undersecretary, Department of Agrarian Reform (DAR) no representative attended the Negotiation Conference;

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02.1.10. Sec. LEONOR MAGTOLIS BRIONES, Secretary, Department of Education (DepEd) no representative attended the Negotiation Conference;

02.1.11. Usec. TONISITO MC. UMALI, Undersecretary, Department of Education (DepED) no representative attended the Negotiation Conference;

02.1.12. Dir. MA. LOURDES V. DEDAL, Director IV, Department of Finance (DOF) no representative attended the Negotiation Conference;

02.1.13. Sec WENDEL E. AVISADO, Secretary, Department of Budget and Management (DBM) no representative attended the Negotiation Conference;

02.1.14. Usec. LAURA B. PASCUA, Undersecretary for Budget Policy and Strategy, Department of Budget and Management (DBM) no representative attended the Negotiation Conference;

02.1.15. Asec. JESUS MOISES ENRICO B. SALAZAR, Assistant Secretary for Human Resource Development and Administration, Department of Environment and Natural Resources (DENR) no representative attended the Negotiation Conference;

02.1.16. Atty. ENGELBERT C. CARONAN, JR., President and CEO, Development Academy of the Philippines (DAP) no representative attended the Negotiation Conference;

02.1.17. Engr. ARTHUR D. PASCUAL, District Engineer, Cavite 2nd District Engineering Office – DPWH; no representative attended the Negotiation Conference; and

02.1.18. Engr. SAMSON L. HEBRA, Regional Director, Department of Public Works and Highways Region IV-A no representative attended the Negotiation Conference;

02.2. Other Invitee-organizations:

02.2.1. Atty. HERBERT DG. MATIENZO, Executive Director III, Philippine Contractors Accredited Board (PCAB) no representative attended the Negotiation Conference;

02.2.2. Mr. AMADOR F. ESTUDILLO, Procurement Watch, Inc. no representative attended the Negotiation Conference;

02.2.3. Usec. ROWEL S. BARBA, Undersecretary for Competitiveness & Ease of Doing Business Group, Construction Industry Authority of the Phils. (CIAP) no representative attended the Negotiation Conference;

02.3. Among the above invited Observers, only Atty. Wilfredo P. Sudio, Jr. from the Office of the Government Corporate Counsel (OGCC) attended the Negotiation Conference.

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03. OPENING REMARKS:

03.1. BAC Chairperson acknowledged the presence of the Proponents /Bidders who were directly invited for negotiation (as of 18Oct2019):

03.1.1. Embrocal Builders, Inc., - no representative attended the Negotiation Conference;

03.1.2. S.C. Megaworld Construction and Development Corporation, represented by (a) Mr. Michael dela Cruz, Project Engineer, (b) Mr. Guilbert Bernardo, Project Engineer, and (c) Mr. Arniel Cagas, Project Engineer;

03.1.3. E.M. Cuerpo, Inc., - no representative attended the Negotiation Conference;

03.1.4. Advanced Foundation Construction Systems Corporation, - no representative attended the Negotiation Conference;

03.1.5. Arktek System Builders Incorporated, - no representative attended the Negotiation Conference;

03.1.6. Datem Incorporated, - no representative attended the Negotiation Conference;

03.1.7. D.M. Consunji, Inc., - no representative attended the Negotiation Conference;

03.1.8. F. F. Cruz & Company, Inc., - no representative attended the Negotiation Conference;

03.1.9. Jits Construction Corporation, represented by (a) Mr. Nemesio Jardeleza, President, (b) Mr. Gerry Milan, Project Engineer, and (c) Mr. Alvin Caballero, Project Engineer;

03.1.10. Multi-B Construction Corporation, represented by (a) Mr. Edwin Zarsuela, General Manager, (b) Mr. John Vir C Ortiz, Operations Manager, (c) Mr. John Christopher Sicat, Geodetic Engineer/Surveyor; and (d) Mr. Michael Duncil, Planning Head;

03.1.11. Megawide Construction Corporation, no representative attended the Negotiation Conference;

03.1.12. Monocrete Construction & Concrete products, Inc., - no representative attended the Negotiation Conference;

03.1.13. Hilmarc’s Construction Corporation, - no representative attended the Negotiation Conference;

03.1.14. DDT Konstract, Inc., - no representative attended the Negotiation Conference;

03.1.15. EEI Corporation, - no representative attended the Negotiation Conference;

03.1.16. First Balfour Inc., - no representative attended the Negotiation

Conference;

03.1.17. MGS Construction, - no representative attended the Negotiation Conference;

03.1.18. Millenium Erectors Corporation, represented by Mr. Cristeto

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Densing, President/CEO;

03.1.19. Makati Development Corporation, - no representative attended the Negotiation Conference;

03.2. Bidders who bought the Negotiated Procurement Documents (NPD) (as of 18Oct2019):

Contractor OR No. Date Amount

01. JITS CONSTRUCTION CORPORATION 0023471 10/11/2019 P 75,000.00

03.3. Prospective Bidders who submitted its Letter of Intent and attended the Negotiation Conference (as of 18Oct2019):

03.3.1. Jits Construction Corporation submitted Letter of Intent1 last 11 October 2019;

03.3.2. Multi-B Construction Corporation submitted Letter of Intent2 last 15 October 2019

03.3.3. S.C. Megaworld Construction and Development Corporation submitted Letter of Intent3 last 17 October 2019;

03.3.4. SGG-Rowin Construction Co. submitted Letter of Intent4 last 17 October 2019;

03.3.5. Dynamic Planners & Construction Corporation submitted Letter of Intent5 last 18 October 2019;

03.3.6. Dumduma Construction & Trading Corporation submitted Letter of Intent6 last 18 October 2019;

03.3.7. Millenium Erectors Corporation submitted Letter of Intent7 last 18 October 2019;

03.3.8. Edison Development and Construction, Inc. submitted Letter of Intent8 last 18 October 2019;

03.3.9. Mecel Construction & Electrical Inc. submitted Letter of Intent9 last 18 October 2019;

03.3.10. D.L. Cervantes Construction Corporation submitted Letter of Intent10 last 18 October 2019; and

03.3.11. Keilana Resource and Development Corporation submitted Letter of Intent11 last 18 October 2019;

03.4. BAC Chairperson explained the three (3) basic documents: [1] (PhilGEPS Registration, [2] PCAB License – AAA Category, and [3] ISO 9001:2015

1 Annex “A” – Letter of Intent of Jits Construction Corporation

2 Annex “B” – Letter of Intent of Multi-B Construction Corporation

3 Annex “C” – Letter of Intent of S.C. Megaworld Construction and Development Corporation

4 Annex “D” – Letter of Intent of SGG-Rowin Construction Co.

5 Annex “E” – Letter of Intent of Dynamic Planners & Construction Corporation

6 Annex “F” – Letter of Intent of Dumduma Construction & Trading Corporation

7 Annex “G” – Letter of Intent of Millenuim Erectors Corporation

8 Annex “H” – Letter of Intent of Edison Development & Construction, Inc.

9 Annex “I” – Letter of Intent of Mecel Construction & Electrical Inc.

10 Annex “J” – Letter of Intent of D.L. Cervantes Construction Corporation

11 Annex “K” – Letter of Intent of Keilana Resource and Development Corporation

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Certification) that the BAC required in order for the Bidders be qualified during the Negotiation Process for the Project. Those who cannot comply with the 3 basic documents will be automatically excluded for the Negotiation Conference. However, the 3 basic documents will still be subject for further validation, verification, and ascertainment during the evaluation-stage and will not guarantee for the Bidders’ advancement to be declared as “responsive bid/proposal”.

03.5. BAC Chairperson introduced the Procuring Entity (using DAP video);

03.6. BAC Chairperson discussed the following:

03.6.1. Reminders to the Interested Bidders / Proponents;

03.6.2. Packaging the Bids / Proposals to be submitted;

03.6.3. Markings of the Bids / Proposals to be submitted;

03.6.4. Two Stage Bids / Proposal Opening Process;

03.6.5. Ranking of Preliminary Evaluated Bids / Proposals;

(01) After the all documents has been established as “complied” and BAC has declared all required documents as “PASSED”, The Total Amount of all of the submitted Financial Proposals / Bids will be read, evaluated, announced, and tabulated;

(02) Specifically, BAC shall do arithmetical computations to check the total amount of Bid / Proposal. Bids /Proposals will be ranked based on the TOTAL AMOUNT of Bid / Proposal. The lowest

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total Bid / Proposal shall be ranked as #1 but shall not be construed as, or interpreted as equivalent to an award;

(03) The Proposal ranked #1 during the Opening Stage shall be subjected to further review of the BAC & TWG during the “Post-Evaluation /Post-Qualification” Stage. The “next rank” proposal will be subjected to detailed evaluation, if the 1st Rank will be established as “Non-Responsive”; and so on. Failure will be declared if no responsive proposal / bid will be established.

03.6.6. Establishing the Lowest Calculated Responsive Proposal (LCRP);

(01) The BAC and the TWG shall ascertain, validate, and verify the compliance and reasonableness of the initially evaluated Bids /Proposals. The goal is to establish the “overall responsiveness” of the Submitted Bid / Proposal; i.e., “Lowest Calculated Responsive Proposal (LRCP)”;

(02) In case LRCP is not established, the BAC shall inform All Proposers via email that a Proposal was post-evaluated as “Non-Responsive” or “FAILED”. The concerned Proposer may opt to appeal the declaration in accordance with the prescriptions of RA9184;

(03) the DAP may elect to avail the pertinent provisions of the RA9184 to resolve the written appeals (RR or/& Protest, as the case may be) within the prescribed duration per RA9184;

03.6.7. Network Diagram/CPM & Time-scaled Gantt Chart

(01) The critical path must be shown in the network-diagram. The Early Start (ES), the Early Finish (EF), the Late Start (LS), and the Late Finish (LF) must be indicated.

(02) The coverage –from the date the Project Contract is notarized, to mobilization to demobilization, up until issuance of Certificate of Completion (COC), should not extend beyond thirty-six (36) months. In other words, the proposal’s Critical Path should not exceed thirty-six (36) calendar months.

(03) More detailed PERT-CPM shall be required from the Proponent to whom the Project will be awarded and contracted. By then, the exact dates of delivery and/or completion should be reckoned from date of Contractor’s receipt of Notice-to-Proceed from DAP.

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03.6.8. Bill of Quantities (BOQ)

(01) The submitted and signed printcopy of the total amount of bid / Proposal based on the Bill-of-Quantities (BOQ) shall be read, evaluated, announced, and the total amount of Bids / Proposals shall be tabulated;

(02) Inconsistencies will be checked against the e-copy of the BOQ contained in the submitted USB found in the Financial Proposal (Envelope#3). Clarifications, if deemed necessary, will be entertained. Unresolved inconsistencies may serve as a basis of BAC to declare the Financial Bid as “FAILED”;

(03) BAC shall validate the computed annual totals per division of works as contained in the submitted Excel file…

(04) “F02_XXX=EXCEL_Bill-of-Quantities=BidderName.xlsx” found in sheetname …

(05) “F02_BOQ Summary”;

03.6.9. BOQ Simulation re: “F02_XXX=EXCEL_Bill-of Quantities=BidderName.xlsx”

(01) For more detailed guidance, see Nego-Proc Docs (NPD) p.145 onwards re Sect.XI “How to Fill-Out BOQ”;

(02) Excel BOQ has 1,700+ rows with built-in formulas that automatically calculates the total price per line item of bid. DO NOT ATTEMPT & DO NOT CHANGE THE FORMULAS;

(03) Variables: Items to bid per line item are: [1] UC_Matls, [2] UC_L&E, [3] OCM%, & [4] Profit%;

(04) OCM%, and Profit% were set based on the prescription of DPWH Dept Order #197. Values above 8% will not be acceptable;

(05) “Quantities” & “Unit of Measure” must not be changed. These were parts of the design considerations. See Technical Specs.

(06) No chance to miss blank cells. Worksheet already contained 0’s but zero’s can be retained or replaced by the Bidder;

(07) Tax rate is fixed at 5%. DO NOT change the “5% tax”;

(08) Annual totals of Bid are shown in range G29-G31 sheet F02_BID file “BOQ V02_191003 sample WORKSHEET.xlsx”. Range K29-K31 show the deviations from the approved budget for the year. To get convinced with Total Bid, adjust entries as deemed needed;

(09) Fill-out range H1761 to H1769 <Proposer /Bidder’s NAME+etc>;

(10) If Grandtotal (G28) of Bid is acceptable, go to pivot table in sheet “F03_BOQ Summary”. Go to cell “D10”, then right-click “Refresh”;

(11) Click print and sign for submission as “F03”. Save file in the USB as part of submission, too.

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04. NEXT STEPS:

BAC Chair enumerated the following next steps…

04.1. October 18-21, 2019 (Fri to Mon) = Request for Clarifications, in writing, thru email only to BAC Secretariat;

04.2. October 24, 2019 (Thu) = Posted Supplemental Bulletin, if necessary;

04.3. October 31, 2019 (Thu) = Submission and Opening of Proposals;

04.4. October 31, 2019 to November 5, 2019 (Thu to Tue) = Proposal’s Evaluation and Post Qualification;

04.5. November 06, 2019 (Wed) = Notification of Lowest Calculated Responsive Proposal (LCRP);

04.6. December 02, 2019 (Mon) = Issuance of Notice of Award

04.7. December 03-12, 2019 (Tue to Thu) = Submission of Performance Security and other related documents for Contracting purposes, if necessary; and

04.8. December 20, 2019 (Fri) = Issuance of Contract and Notice to Proceed

NOTE: Non-compliance to set mobilization date can be a ground of rescinding or pre-termination of the Contract.

05. OPEN FORUM: NEGOTIATIONS / CLARIFICATIONS FINAL

AGREEMENTS WILL BE POSTED IN THE WEBSITE 05.1. Clarifications from Prospective Bidders / Proponents <Bidder / Proponent must

introduce himself/herself and the juridical entity he/she represents>:

05.1.1. Item No.1 from Mr. Nemesio Jardeleza (Mr. Jardeleza), President of Jits Construction Company (JCC) re: Schedule of Submission and Opening of Proposals. Mr. Jardeleza requested for the BAC to consider a one-week extension of the schedule of the Submission and Opening of Proposals.

BAC’s response: BAC Chair BADizon asked other Bidders present if they also agreed to the request of JCC which they all answered in the affirmative. The BAC decided that the schedule of Submission and Opening of Proposals will be on 07Nov2019 (Thu) at DAP Pasig City. Also, the time of submission will only be until 12:00NN and the opening of proposal will be at 01:00PM.

05.1.2. Item No.2 from Mr. Ernesto Abenoja (Mr. Abenoja) of Mecel Construction & Electrical Inc (MCEI) re: Unit of Measurement on the BOQ. Mr. Abenoja asked if the BOQ indicates the Unit of Measurement since the Plans consist of 551 drawings.

BAC’s response: BAC Chair BADizon answered that the BOQ was designed to reflect the Unit of Measurement for every line item for the Project.

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05.1.3. Item No.3 from Mr. Jardeleza of JCC re: Lump Sum Bid or Unit Cost Contract. Mr. Jardeleza asked if the Project was for Lump Sum Bid or Unit Cost Contract.

BAC’s response: BAC Chair BADizon answered that in the BOQ, it was clearly indicated in the upper portion that it was “Lump Sum Bid”.

05.1.4. Item No.4 from Mr. Jardeleza of JCC re: BOQ Entries marked with “N/A”. Mr. Jardeleza asked whether the items marked as “N/A” in the BOQ are exempted to be filled-out.

BAC’s response: BAC Chair BADizon answered that in the BOQ, those items that are marked with “B” refers to the Building itself and those items that are marked with “D” refers to the Designed Fit-outs Furnishing and Fixtures (DFoFFs). For the Proposals, only those items marked with “B” shall be inputted by the Bidders.

05.1.5. Item No.5 from Mr. Jardeleza of JCC re: Bid Box. Mr. Jardeleza asked if the Bid Box will be provided by the DAP or will be provided by the Bidders. Also if the sample Bid Box is not the same as their submittal, will it be a ground for non-acceptance or disqualification?

BAC’s response: BAC Chair BADizon answered that the sample Bid Box was for illustration purposes only and for the Bidders to appreciate the markings. The Bid Box will be provided by the Bidders in any size as long as it is properly labeled for easy referencing during the Opening of Bids.

05.1.6. Item No.6 from Mr. Jardeleza of JCC re: Submission of DUPA. Mr. Jardeleza asked if it is required to submit a hardcopy of the DUPA.

BAC’s response: BAC Chair BADizon answered that DUPA must only be submitted in e-copy during the Submission and Opening of Proposals. However, the signed print-copy of the Detailed Unit Price Analysis (DUPA) shall be required from the Contractor to whom the project will be awarded. The BAC Chair explained that the DUPA should be consistent with the relevant figures that were reflected in the BOQ.

05.1.7. Item No.7 from Mr. Jardeleza of JCC re: Post Tension Requirements. Mr. Jardeleza asked since on the Structural Design, there was an inclusion of Post Tension Requirements for the Beam, does the BOQ have a separate line for the Post Tension Requirements since it would take major part of the implementation.

BAC’s response: BAC Chair BADizon answered that it will be referred to Arce-Bailon-Arce Architects (ABAA) as the Designer for the Project. For the meantime, if the Proposer deems it is necessary to include in the BOQ, then include in the provision as “Others”. The BAC Chair further explained that the BOQ-spreadsheet can allow insertion if in case there are more than 5 line items that will be inserted. Provided further that the insertion should copy a

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sample line that contains formulas. The BAC Chair mentioned that it’s up to the Proposer to do the insertions but Proposer must recognize that such insertion would increase its financial bid.

05.1.8. Item No.8 from Mr. Michael dela Cruz (Mr. dela Cruz) of S.C. Megaworld Construction and Development Corporation (SCMCDC) re: Changing the Year-Estimate on the BOQ. Mr. dela Cruz asked if they can change the Year-Estimate on the BOQ for the specific division of works / line items.

BAC’s response: BAC Chair BADizon answered that during the finalization of the BOQ, what was initially reflected on the BOQ-template was dictated by the designers and DAP management. BAC Chair BADizon agreed for the Bidders to change the Year-Estimate as long as it is technically feasible, and further subject to the ABC per year, which was also reflected in the BOQ-spreadsheet. The BAC Chair informed the body that the payment of accomplished works shall follow the Cash-Based Budgeting System of the National Government (and, affects the disbursement of budget of all agencies).

05.1.9. Item No.9 from Mr. Jardeleza of JCC re: Two (2) Professional Mechanical Engineers. Mr. Jardeleza asked why DAP requires 2 Professional Mechanical Engineers if the scope of works can be performed by One Professional Mechanical Engineer.

BAC’s response: BAC Chair BADizon answered that the Two (2) Professional Mechanical Engineers (PMEs) are minimum requirements and have different scope of works. Also, the need for PMEs during the implementation does not require full-time services, as stated in page 40 of the NPD.

05.1.10. Item No.10 from Mr. Jardeleza of JCC re: Payment for Building Permit Processing. Mr. Jardeleza asked who will shoulder the payment for the Building Permit processing since other permits (e.g. Mechanical Permit – Air conditioning Units, Generator Sets, Elevators, etc.) will be needed from a different Contractor that could be a factor for the assessment of the Building Permit Fees.

BAC’s response: BAC Chair BADizon answered that payment for the Building Permit processing will be shouldered by the Winning Contractor for the New Training Building. The DAP can only provide documents/assistance necessary for their application.

05.1.11. Item No.11 from Mr. Cristeto Densing (Mr. Densing) of Millenium Erectors Corporation (MEC) re: Mobilization Fee. Mr. Densing raised a concern on the 10% Mobilization Fee will not suffice the mobilization for the Project.

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BAC’s response: BAC Chair BADizon answered that in the NPD, the set maximum percentage of Mobilization Fee is at 10%. However, the RA9184 provides for a maximum amount of 15%. The BAC Chair asked other Contractor if 10% is workable. Most of the Contractors present agreed that 10% is too small, Thus, a consensus was reached to adjust the Mobilization Fee based on the final price that will be established. As agreed upon, the maximum amount of Mobilization Fee will be 15% of the Total Contract Price for the Project.

06. AGREEMENTS & BID BULLETIN:

06.1. The Submission of Proposals will be on 07Nov2019 (Thu) until 12:00NN and Opening of Proposals will be on 07Nov2019 (Thu) at 01:00PM at DAP Pasig City;

In this connection, the next steps were adjusted as follows:

06.1.1. Oct. 21, 2019 (Mon) = last date for Request for Clarifications, in writing, thru email only to BAC Secretariat;

06.1.2. Oct. 24, 2019 (Thu) = posted Supplemental Bulletin;

06.1.3. Nov. 07, 2019 (Thu) = Submission and Opening of Proposals;

06.1.4. Nov. 07, 2019 to Nov. 14, 2019 (Thu to Thu) = Evaluation and Post Qualification of the submitted proposals;

06.1.5. Nov. 15, 2019 (Fri) = Notify the Lowest Calculated Responsive Proposal (LCRP);

06.1.6. Dec. 02, 2019 (Mon) = Issuance of Notice of Award

06.1.7. Dec. 03-12, 2019 (Tue to Thu) = submit of Performance Security and other related documents for Contracting purposes; and

06.1.8. Dec. 20, 2019 (Fri) to Dec. 30, 2019 (Mon)= Contract-finalization /signing, and issuance Notice to Proceed

06.2. The DUPA will only be submitted in an e-copy (excel-format);

06.3. The Bidder can change the “Year-Estimates” of the BOQ as long as it is technically feasible and within the ABC for the specific year;

06.4. The maximum percentage of Mobilization Fee to be requested will be adjusted to Fifteen Percent (15%) of the Total Contract Price; and

06.5. The BAC Secretariat was instructed to email all attendees the copy of DPWH Department Order No.197, series of 2016.

07. OTHER MATTERS:

07.1. The Request for Clarifications will be until 21 October 2019 (Monday) and posting of Bid Bulletin will be on 24 October 2019 (Friday).

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08. ADJOURNMENT:

There being no other matters to discuss, BAC-member Gerald Y Cruz moved to adjourn the Negotiation Conference. The body unanimously seconded the motion; thus the BAC Chairperson closed the conference at exactly 4:47PM.

Concurred by the BIDS & AWARDS COMMITTEE SO-2018-119 & SO-2019-074A

-signed-

RICHA S. TIBO BAC Alternate Member 1

-signed-

DANILO C. FILARCA BAC Alternate Member 2

-signed-

GERALD Y. CRUZ BAC Member 3

-signed-

ERMARIE A. MONDEJAR BAC End-User’s Representative

-signed-

MONINA AR. DE ARMAS BAC Vice-Chairperson

Concurred by the TECHNICAL WORKING GROUP per BAC Resolution No. 025, s. 2019

-signed-

EDNA CARINA M. PANGANIBAN TWG Member 1

-absent-

MARK REX JAYSON M. ATOLE TWG Member 2

-signed-

ENGR. CHRISTIAN VER SIGUENZA

TWG Member 3

-signed-

FILIPINO FRANCISCO P. GOMEZ TWG Member 4

-signed-

ENGR. VENER V. MADERAJE TWG Member 5

-signed-

ENGR. ANTONIO L. ALEGRIA TWG End User Representative

-signed-

RENATO P. AGUNOD TWG Vice Chairperson

-absent-

ENGR. NELSON L. CASALAN TWG Chairperson

Documented by: Reviewed by: APPROVED:

-signed-

MARIET RIZ M. BRADECINA BAC Documenter

-signed-

ATTY. REMUS ROMANO A. REYES Director, BAC Secretariat

-signed-

BERNARDO A. DIZON Chairperson, BAC1

<<<< Nothing Follows >>>>

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Letter of Intent to Participate from JITS: Annex “A”

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Letter of Intent to Participate from Multi-B Const Corp:

Annex “B”

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Letter of Intent to Participate from S.C. Megaworld Const & Devt

Corp: Annex “C”

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Letter of Intent to Participate from SGG-Rowin Const Co:

Annex “D”

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Letter of Intent to Participate from Dynamic Planners & Const

Corp: Annex “E”

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Letter of Intent to Participate from Dumduma Const & Trading

Corp: Annex “F”

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Letter of Intent to Participate from Millenium Erectors Corp:

Annex “G”

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Letter of Intent to Participate from Edison Devt & Const, Inc.:

Annex “H”

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Letter of Intent to Participate from Mecel Const & Electrical, Inc.:

Annex “I”

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Letter of Intent to Participate from D.L. Cervantes Const Corp:

Annex “J”

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Letter of Intent to Participate from Keilana Resource & Devt Corp:

Annex “K”