annexa - dotr.gov.ph

INDEPENDENT CONSULTANT FOR THE LRT LINE 1EXTENSION, OPERA TlONS AND MAINTENANCE PROJECT (RE-BID)

AnsvtiE'rs to Queries

ANNEXA

NO. QUERY RESPONSEcorporation, SECor such other

whether Philippine agency allowed "'~

participating on its by law

own or through a

joint venture

2 Foreign firm Registration certificate

registered as a issued by the Philippine

branch office or SECor such other

other local office Philippine agency allowed

allowed to be by law

established under

Philippine laws,

whether

participating on its

own or through a

joint venture

3 Foreign firm not Either:

registered with the 1. Foreign

Philippine SECbut equivalent of the

participating in a registration

joint venture withcertificate issuedby the foreign

Philippine firm's country; orparticipant(s) 2. If there is no- Allowed only if appropriate

the foreign equivalent of theparticipation in registrationthe joint certificate in theventure is 40% country of the

17

fNDEPENDENT CONSULTANT FOR THE LRT LINE 1EXTENSION, OPERA TlONS AND MAINTENANCE PROJECT (RE-BID)

Answers to Queries

ANNEXA

NO. QUERY RESPONSE

4.5

4.6

5. Our consortium intends to qualify and bid for the Project

without the participation of a Local Philippine Partner in the

consortium, should the consortium be successful if we intend

to identify and sub-contract relevant parts of the works to a

local partner? If this be granted, does this mean we need not

to complete the Key Personnel List?

6. One of our partners intends to register with SECas requested

in the EDS1.3 once/if our consortium is successful, please

clarify whether this approach meets the requirement for pre-

qualification and bidding.

foreign firm, acertificationunder oath tothat effect.

or less

A registered foreign firm may participate on its own without the need to form a

joint venture with a Filipino company.

Subcontracting will not be allowed for this project.

Further, the interested participant must comply with the full list of key personnel

required under the EDS.

For foreign firms which are going to participate in the Re-bid, registration with the

SECand/or any agency authorized by the laws of the Philippines must be

completed prior to the submission of Eligibility Documents.

No. Participant Document to be

submitted

1 Foreign firm

registered as a

Registration certificate

issued by the Philippine

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INDEPENDENT CONSUL TANT FOR THE LRT LINE 1EXTENSION, OPERA TlONS AND MAINTENANCE PROJECT (RE-BID)

Answers to Queries

ANNEXA

NO. QUERY RESPONSE

corporation, whether SECor such other

participating on its Philippine agency:=;-

own or through a joint allowed by law

venture

2 Foreign firm Registration certificate

registered as a branch issued by the Philippine

office or other local SECor such other

office allowed to be Philippine agency

established under allowed by law

Philippine laws,

whether participating

on its own or through

a joint venture

3 Foreign firm not Either:

registered with the l. Foreign

Philippine SECbut equivalent of

participating in a joint the registration

venture withcertificate

Philippineissued by theforeign firm's

participant(s) country; or- Allowed only if 2. If there is no

the foreign appropriateparticipation in equivalent ofthe joint venture the registrationis 40% or less certificate in the

country oftheforeign firm, acertificationunder oath to

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INDEPENDENT CONSULTANT FOR THE LRT LINE 1EXTENSION, OPERA TlONS AND MAINTENANCE PROJECT (RE-BID)

Answers to QueriesANNEXA

4.7

4.8

3. Clarification on EDS1.3 All document done abroad must be

authenticated by Philippine Embassy/Consulate; can we limit

the authentication of documents to Eligibility Class A? As the

other documents such as Certifications and Contracts are very

tedious and time constraining to authenticate, in case we still

have to provide the authenticated contracts can these be in-

part or excerpt of the whole contract showing vital information

of the Project?

4. In EDS1.3, by "Contracts" we understand "Statement of the

prospective bidder of all its ongoing and completed

government and private contracts" as detailed in page 8 of the

Bid Documents, paragraph (a)(iv), does this mean Summary of

the on going and completed projects?

Authentication will be required for ~ documents which were executed outside of

the Philippines. This authentication will be required whether what is submitted as

part of the eligibility documents is the original or a copy. This will be the case even

though the certification (that the photocopy is a true copy of the original) is done

in the Philippines.

Kindly note, however, that under Section 1.3 of the EDS, if authentication is not

completed in time for the bidding, the submission of proof of filing of application

for authentication with the concerned Philippine embassy/consulate should be

submitted; provided that the duly authenticated documents are submitted during

the Post-Qualification Stage.

The Statement of all ongoing and completed similar government and private

contracts refers to the list of all contracts. Please accomplish Form No. 2 for the

statement of ongoing contracts and Form No. 3 for the statement of completed

similar contracts.

With reference to Section C ofthe GBB No. 04-2015 on the amendment of Section

2.1(a)(iv) of the Eligibility Data Sheet (EDS):

"Please accomplish Form No. 2 for for the Statement (list) of all ongoing

government and private contracts and submit the same as part of the Eligibility

Documents. Copies of the following may be attached to Form No. 2, however, the

20

INDEPENDENT CONSULTANT FOR THE LRT LINE 1EXTENSION, OPERA nONS AND MAINTENANCE PROJECT (RE-BID)

Answers to Queries

ANNEXA

NO. QUERY RESPONSE

4.9 3. Clarification on EDS2.1(iv.7) if we submit a certification of

completion without the word "satisfactory", can this be

acceptable for the bid? For our certification issued overseas

does not have these wordings.

original or certified true copies must be presented during the post-qualification

~age: -

1. Contract;

2. Notice of Award, Notice to Proceed.

Equivalent document(s) to the above-listed items shall also be acceptable.

Please accomplish Form No. 3 for the Statement (list) of all completed similar


Documents. A copy of the prospective bidder's single largest completed similar

contract, must be attached to Form No. 3. The original or certified true copies of

the following should be submitted during the post-qualification stage:

1. Contract;

2. Notice of Award, Notice to Proceed;

3. Acceptable proof of completion or acceptance.

Equivalent document(s) to the above-listed items shall also be acceptable."

Please see "Annex C" for the Amended Form No. 2 and "Annex 0" for the

Amended Form No. 3 of the GBB No. 04-2015.

The Certificate of Completion or Acceptance need not include the term

"Satisfactory". However, the same shall be subject to the Post-Qualification

process.

With reference to Section C of the GBB 04-2015 on the amendment of Section

2.1(a)(iv) of the Eligibility Data Sheet (EDS):

"Please accomplish Form No. 2 for the Statement (list) of all ongoing government

21

INDEPENDENT CONSULTANT FOR THE LRT LINE 1EXTENSION, OPERA nONS AND MAINTENANCE PROJECT (RE-BID)

Answers to Queries

ANNEXA

NO. QUERY RESPONSEand private contracts and submit the same as part of the Eligibility Documents.

Copies of the following may be attached to Form No. 2, however, the-original or

certified true copies must be presented during the post-qualification stage:

1. Contract;

2. Notice of Award, Notice to Proceed.

Equivalent document(s) to the above-listed items shall also be acceptable.

Please accomplish Form No. 3 for the Statement (list) of all completed similar


Documents. A copy of the prospective bidder's single largest completed similar

contract, must be attached to Form No. 3. The original or certified true copies of

the following should be submitted during the post-qualification stage:

1. Contract;

2. Notice of Award, Notice to Proceed;

3. Acceptable proof of completion or acceptance.

Equivalent document(s) to the above-listed items shall also be acceptable."

Please see "Annex C" for the Amended Form No. 2 and "Annex 0" for the

Amended Form No. 3 of the General Bid Bulletin 04-2015.

4.10 l. Will it be accepted to add additional consortium JV members The bidders will not be allowed to add JV members after the eligibility stage.

or subcontractors after eligibility document submission?Subcontracting is not allowed for this project.

4.11 2. Please confirm that as a branch office of a foreign corporation Any foreign firm registered with the Philippine SECas branch office are allowed to

we could submit reference of our parent company. submit contracts entered into by their parent company.

22

fNDEPENDENT CONSULTANT FOR THE LRT LfNE 1EXTENSfON, OPERA TlONS AND MAfNTENANCE PROJECT (RE-BID)

Answers to Queries

ANNEXA

NO. QUERY RESPONSE4.12 3. Is subcontracting allowed for this project? Subcontracting is not allowed for this project.

..~4.13 4. As per Sec 123 of Corporation Code "a branch office does not Yes, a foreign company registered with the Philippine SECas a branch office is

acquire a separate juridical personality but becomes merely an considered an extension of its parent company, and does not have a separate

extension of its parent company." Does BAC committee share juridical personality.

the same view?

23

DOTC Primary Bids and Awards CommitteeMinutes of Pre-Eligibility Conference

Independent Consultant for LRTLine 1 Extension, Operations and Maintenance Project (Rebid)07 January 2015/11:00 a.m. -12:00 p.m.

16th Floor, The Columbia Tower, Ortigas Avenue, Mandaluyong City

ATTENDANCEBAC MEMBERS BIDDERS TECHNICAL WORKING GROUP SECRETARIAT

Usec. Jose Perpetuo M. Lotilla DOTC- Technical Working Group Usec. Catherine P. GonzalesUsec. Edwin R. Lopez l. Arup (Goods & Consulting Services) Mr. Ariel I. IcaroDir. Rebecca S. Cacatian 2. EGIS International Mr. Arnel Manresa Mr. Eric E. Evardone

3. Getinsa Ingenieria S.L. Engr. Gina Rodriguez

4. Science and Vision for Technology Also Present:lRTA Representative: Dir. Karen Olidan

Inc. Atty. Hernando T. Cabrera Mr. Isagani De Castro5. TUV Rheinland Phils. Inc. Ms. Katrina Mae C. Santos6. Urban Integrated Consultants, Inc. Planning Representative: Ms. Karina V. Aborio7. PMP Inc. Mr. Carlo Gonzales Ms. Andrea Bernarte8. Heldig Ms. Atossa Saremi

Mr. Dandin OrillazaMr. Steven TevesEngr. Jomar S. RamosMr. Rick Se

IJ-4..C.OI/22D


Independent Consultant for LRTLine 1 Extension, Operations and Maintenance Project (Rebid)07 January 2015/11 :00 a.m. - 12:00 p.m.

16th F.loor,The Columbia Tower, Ortigas Avenue, Mandaluyong City

MATTERSDISCUSSED RESPONSIBLEPERSON DISCUSSION ACTIONJ)lLAN DEADLINE

Usec. Lotilla Informed the body that the agenda is the Pre-EligibilityConferencefor the Independent Consultant of LRTLine 1 Extension, Operationsand Maintenance Project (Rebid).

Acknowledged the presence of the following bidders, to wit:

l. Arup;2. EGISInternational;3. Getinsa Ingenieria S.L.;4. Science and VisionTechnology Inc.;5. TUVRheinland Phils.Inc.;6. Urban Integrated Consultants, Inc.;7. PMPlnc.: and8. Heldig.

Encouraged the prospective bidders to ask questions, suggestionsand clarifications.

Representative from EGIS Asked if the previous qualifications requirements are the same.International

Atty. Cabrera Said that the BACwill issuethe necessary bid bulletin.

Representative from EGIS Asked the legal personality of the company branch or representativeInternational office of a foreign corporation. The BAC previously said that the legal

personality of the company branch is separate from that of theinternational office, but under Corporation Law, the company branchisnot a separate personality.

Atty. Cabrera Said that the issuewas alreadv raised in the previous bid openinq.

2 I 2 g (0



16th FLoor,The Columbia Tower, Ortigas Avenue, Mandaluyong City

RepresentativeInternational

Atty. Cabrera


Atty. Cabrera


Atty. Cabrera

from

Answered in the affirmative.

Based on the documents the bidders have presented, both themother company abroad and the branch office here in Manila wereboth participants in the bidding. It appeared that there are two (2)bidders who participated during the bid opening, the branch officeand the mother company.

Agreed that the branch office here in Manila is the same as themother company. Thisis the reason why the BAC is considering thebranch office here as a company doing businessin the Philippines,therefore, it must comply with all the documentary requirementsmentioned in the bid documents.

EGIS Asked confirmation if the presentation of documents by the branchcompany will suffice.

from EGIS Inquired if a separate tax clearance for a foreign company is arequirement by the BAC.

from

Clarified that the BAC requires the branch company to have a taxclearance because it is doing businessin the Philippines.The BAC isrequiring a tax clearance from the mother company because as thebidders have said, the branch company and mother company aretwo (2)different entities.

EGIS Inquired if the BAC requires the bidders' head office to submit thesame legal documents.

Replied that the bidders should comply with the rules under the biddocuments. Added that the bidder should refer from the specific listof documents to be complied under the Bidding Documents for eachsituation depending on the status of a bidder. Suggested to thebidders to read first the bid documents.


Independent Consultant for LRTLine 1 Extension, Operations and Maintenance Project (Rebid)07 January 2015/11:00 a.m. -12:00 p.m.

16th Floor, The Columbia Tower, Ortigas Avenue, MandaluyonQ CityRepresentative from Science and Requested clarification whether a foreign or a local company needsVisionTechnology Inc. to get a tax clearance issuedby the BIR.

Atty. Cabrera

Representative from Science andVisionTechnology Inc.

Atty. Cabrera

Usec. Lotilla

Representative from Heldig

Usec. Lotilla


Atty. Cabrera

Answered in the affirmative. Said that the bidders need to get a taxclearance from the BIRwhether it isregistered in the Philippinesdoingbusinesshere, or not doing businessin the Philippines.Requested thebidders to refer on non-policy opinion issued by the GPPBregardingthe foreign companies not doing businesshere in the Philippineswhenit comes to acquiring a tax clearance. Reminded the bidders to beconcerned regarding the renewal of the business permits and taxclearances.

Inquired if a proof of filing for renewal of tax clearance and businesspermit isaccepted during the opening of bids.

Answered in the affirmative and said that it should be stampedreceived by the BIRor appropriate office and an affidavit is notallowed. Asked the BAC if it isacceptable to allow documents whichmight not contain a word "re-bid" in the name of the project.

Answered in the affirmative and added that it should suffice as longas the bidders' authority for the re-bidding isclear and broad enough.

Suggested for the declaration by the BAC that the previous authoritycan still be used.

Said that some documents may have limitations such as the dates,said that the bidders should make sure that the documents they areusing are stillapplicable.

Commented that issueswhich might be raised by the bidders later onwill be similar.Suggested that the answers to queries previously issuedthrough bid bulletins be re-issued.

Said that the TWGwill issuethe necessary answers to the queries as



16th Floor, The Columbia Tower, Orfiqos Avenue, Mandaluvona Citv

Usec. Lotilla


Atty. Cabrera

Representative fromRheinland Phils. Inc.

soon as possible.

Requested the bidders to re-submit their queries.

Commented that it might take long for the BAC to issue the answersto the queries.

Said that the BAC want the bidders to refile their queries so that theBid Bulletins answering the queries will be in the proper context whenissued.

TUV Requested a summary of observations or reasons of the failure for thefirst bidding.

Atty. Cabrera


Atty. Cabrero


from EGIS Inquired if it is sufficient that one (1) member of the joint venture buysthe bidding documents

Atty. Cabrero

Replied that bidders mixed up the forms for ongoing and completedprojects. The bidders failed to submit a combined listing of completedand ongoing projects and failed to comply with the sealing andmarking of the bids. There was also late submission of bids. Advisedthe bidders that the representative who attends the bid openingshould be familiar and knows the documents submitted. Furtherreminded the bidders to carefully read the instructions under the biddocuments.

Asked if the bidders who bought the previous bid documents are stillrequired to pay the bid documents.

Answered that the bidders are still required to purchase thedocuments because the failure of bidding was due to the fault of thebidders.

Answered in the affirmative.

16th Floor. The Colum la Tower, 0 tqos Avenue, Man a uvonq trvr- Representative from EGIS Requested clarification if foreign bidders are restricted in participating

International in the bidding because it is limited only to Filipinos based on theadvertisement, while the Eligibility Data Sheet (EDS) allows foreign '"bidders.

Atty. Cabrera Replied that the invitation posted in the DOTC website should be readwith the whole body of the bid documents, thus, the EDSwill govern.

Representative from Science and Asked if an Omnibus Sworn Statement not containing the word "re-Vision Technology Inc. bid" is acceptable with regards the issuance of authority.

Usec. Lotilla Answered in the affirmative.

Representative from TUV Asked if the requirements for ongoing contracts will be relaxedRheinland Phils. Inc. because they have over 600 ongoing contracts and the documents

are voluminous.

Atty. Cabrera Responded that the BAC requires at least one (1) or five (5) contractsfor separate similar contracts for the completed projects. However, abidder need to submit all ongoing contracts to assess its capacity.

Usec. Lotilla Stated that the reason behind the rule of submitting all ongoingcontracts is to know that the bidder must have enough people or theability to do the job along with the ongoing contracts. It is one way ofindicating that a company has too many projects in its portfolio.

Atty. Cabrera Requested the bidders to have a guide or tabulation of compliancefor the track record requirement.

Representative from EGIS Asked if a bidder can make a summarized statement and have it

International notarized for the requirement of certified true copy of certificates ofcompletion issued in the Philippines.



bl rf d I Cit


Independent Consultantfor LRTLine 1 Extension, Operations and Maintenance Project (Rebid)07 January 2015/11:00 a.m. -12:00 p.m.

16th Floor, The Columbia Tower, Ortigas Avenue, Mandaluyong City

Atty. Cabrera Said that bidders should not be confused with the certification andauthentication.

Asked when the bidders can get the Minutes of the Pre-EligibilityConference for those who already bought the bidding documents.

Answered that it will be available on Friday.

Representative fromRheinland Phils.Inc.

TUV Inquired if the bidders are required to authenticate the foreign-issueddocuments.


Atty. Cabrera

Atty. Cabrera

Representative from UrbanIntegrated Consultants, Inc.

Atty. Cabrera


Atty. Cabrera


Clarified that the authentication is for any document executedabroad. A photocopy of this authentication is acceptable (withoutanother authentication) because this isa faithful reproduction of theauthenticated document.

Asked if the documents translated abroad are required to be certifiedhere in the Philippine Embassy.

Responded that there is no need to authenticate the documents ifthe translation of documents are done abroad. However, if thetranslation isdone in Brusselsfor example and notarized there, it shouldbe authenticated in the Philippine Embassy.

Inquired what if the consular office did not declare the translation trueor correct.

Replied that the translation need not come from an embassy, it canbe from a school or an expert, but it should be under oath.

Asked if the above mentioned statement can be issue as a bidbulletin.



16th Floor, The Columbia Tower, Orti as Avenue, Mandalu on Cit

Atty. Cabrera

Usec. Lotilla

Prepared by:

ATTY. ZENAIDA B. BITENGHead, BAC-Secretariat

Reminded the bidders to raise their queries in writing for the TWG toanswer it properly and in proper context.

There being no other matters to discussed, the meeting wasodiourned at 12:00 .m.

Noted by: Approved by:

A 'Y JO E PERPETUOM. LOTlLLAChairman, Bidsand Awards Committee

List of On-going ContractsAsof _

Name of Bidder: _

Client/Address Date ofAward--

Contract Description of Services ContractPeriod--

Amount ofContract

Form No. 2

Specify Whether LoneConsultant, Sub-

contractor, or As JVMember SpecifyingNature, Degree and

Scope of Participation

Copies of the following fflli5t ~ be attached to Form No. 2, however, the original or certified true copies must be presented during the post-qualification stage: 1. Contract; 2. Notice of Award; and 3. Notice to Proceed.

Submitted to:Submitted by (Print Name and Sign) Designation

Department of Transportation and Communications

List of Completed Contracts for the Past 15 YearsAsof _

Name of Bidder: _

Client/Address Date ofAward---

Contract Description of Services ContractPeriod---

Amount ofContract

Form No. 3

Specify Whether LoneConsultant, Sub·

contractor or As JVMember SpecifyingNature, Degree and

Scope of Participation

A cop v ofthe prospective bidder's single largest completed similar contract must be attached to Form No. 3. The original or certified true copies of the following HHI5t should be submitted during the post-qualification stage1. Contract;2. Notice of Award, Notice to Proceed; and3. Acceptable proof of completion or acceptance.

Submitted by (Print Name and Sign) Designation Submitted to:

Department of Transportation and Communications

ANNEX E

FUTURE CONFLICT OF INTERESTCOMMITMENT AND UNDERTAKING

I, [Name of Affiant/Authorized Representative of the Bidder] of legal age, [Civil Status],[Nationality] citizen, with office address at [Address of Affiant] after having been sworn to inaccordance with law hereby depose, state, commit and undertake to the following:

1. Select one, delete others:

If a sole proprietorship: That I am the sole proprietor [Name of Consultant] withoffice address at [Address of Consultant];

If partnership, corporation, cooperative or joint venture: I am the duly authorizedand designated representative of [Name of Consultant] with office address at[Address of Consultant];

2. That should [Name of Consultant] wins award of contract for the said "IndependentConsultant for LRT Line 1 Extension, Operations and Maintenance Project", [Nameof Consultant] or any member of the partnership/cooperative/joint venture herebycommits and undertakes not to enter into any future relationship or contract ofwhatever nature and character with DOTC, LRTA and Light Rail Manila Consortium,the Concessionaire of the said LRT Line 1 Extension, Operations and MaintenanceProject ("Project"), or any other party, with respect to the subject Project; or,participate or be involved in any future project, contract, work, assignment orundertaking relative to or in connection with the Project which would have to bepassed upon, reviewed and certified to by the Independent Consultant for the LRTLine] Extension, Operations and Maintenance Project;

3. That [Name of Consultant] or any member of the partnership/cooperative/jointventure hereby acknowledges and submits that it is disqualified to enter into anyfuture relationship or contract of whatever nature and character with DOTC, LRTAand Light Rail Manila Consortium, the Concessionaire of the said LRT Line 1Extension, Operations and Maintenance Project, or any other party, with respect tothe subject Project; or, participate or be involved in any future project, contract,work, assignment or undertaking relative to or in connection with the Project whichwould have to be passed upon, reviewed and certified to by the IndependentConsultant for the LRT Line I Extension, Operations and Maintenance Project.

IN WITNESS WHEREOF I have hereunto set my hands this __ day of__________ 2015 in the City of _

AffiantDoc. No.Page No.Book No.Series of2015.