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INTERPRETATION
In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning under the language of the Contract unless
specifically defined. The PROCURING ENTITY's Engineer will provide instructions
clarifying queries about These Conditions of Contract.
If sectional completion is specified in the sec, references 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) Contractor's Bid,
(d) Special Conditions of Contract,
(e) Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities, and
(i) Any other document listed in the SCC as forming part of the Contract.
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 Bidder’s 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 be required to extend the
validity of Bid Security for the period of the extension, and in compliance with ITB
Clause 15 in all respect.
In evaluation 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; and
(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,
stated in the invitation, which shall include a consideration of the following:
(a) The bid must be complete. Bids not addressing or providing all 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 required item is provided, but no price is
indicated, the same 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; and
(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, value 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.
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, value 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.
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:
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by
including 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 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 ENTITY’s Engineer’s).
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 Quantities inviting the Bidder to
quote a sum for such amenities, facilities, attendance, etc.
These Notes for preparing a Bill Quantities are intended only as information for the
PROCURING ENTITY or the person drafting the Bidding Documents. They should not
be included in the final documents.
Section 5. Qualifications of Board Members.” Each member of the Board shall, at the
time of his appointment:
a. Be a citizen and resident of the Philippines;4
b. Be at least thirty years of age and of good moral character;
c. Be a graduate of civil engineering from a recognized and legally constituted
school, institute, college or university.
d. Be a registered civil engineer duly qualified to practice civil engineering in the
Philippines;
e. Be a registered civil engineer, with a certificate as such, for a period of not less
than ten years prior to his appointment.
f. Not be a member of the faculty of any school, institute, college or university
where civil engineering course is taught, nor have a pecuniary interest in such
institutions;4
g. No former members of the faculty of any school, institute or university where civil
engineering is taught can become a member of the Board unless he had stopped
teaching for the last three consecutive years.
Section 7. Annual Report.” The Board shall, at the end of each fiscal year, submit to
the PRC a detailed report of its activities and proceedings during the period covered by
the fiscal year ended.
Article III
EXAMINATION AND REGISTRATION
Section 8. Examination Requirement.” All applicants for registration for the practice of
civil engineering shall be required to pass a technical examination as hereinafter
provided.
Section 9. Holding of Examination.” Examination of candidates desiring to practice
civil engineering in the Philippines shall be give in the City of Manila of each year,
provided that such days do not fall on official holidays, otherwise the examinations shall
be held on the days next following.
Section 10. Subjects of Examination.” Applicants for certificate of registration as civil
engineer shall be examined, in the discretion of the Board, on the following subjects:
mathematics, including algebra, plane and spherical trigonometry, analytics, descriptive
and solid geometry, differential and integral calculus, and rational and applied
mechanics; hydraulics; surveying, including highway and railroad surveying; plane,
topographic and hydrographic surveying, and advance surveying; design and
construction of highways and railroads, masonry structures, walls, foundations, piers,
ports, wharves, aqueducts, sanitary engineering works, water supply systems, dikes,
dams and irrigation and drainage canals.
Section 11. Executive Officer of the Board.” The Commissioner of Professional
Regulation Commission shall be the executive officer of the Board and shall conduct the
examinations given by the said Board. He shall designate any subordinate officer of the
Professional Regulation Commission to act as the Secretary and custodian of all
records including examination papers and minutes of the deliberation of the Board.
5. Nor shall anything in this Act prevent professional architects and engineers to
practice their professions.
Section 16. Refusal to Issue Certificate.” The Board for Civil Engineers shall not issue
a certificate to any person convicted by a court of competent jurisdiction of any criminal
offense involving moral turpitude, or to any person guilty of immoral or dishonorable
conduct, or to any person of unsound mind. In the event of a refusal to issue a
certificate to any person, the Board shall give to the applicant a written statement setting
forth its reason for such action, which statement shall be incorporated in the records of
the Board.
Section 17. Suspension and Revocation of Certificates.” The Board shall have the
power, after due notice and hearings to suspend or revoke the certificate of registration
for any cause mentioned in the preceding section.
Section 18. Re-issue and Replacement of Certificates.” The Board may, after the
expiration of one year from the date of certificate of registration is evoked and for
reasons it may deem sufficient, entertain an application for a new certificate of
Article IV
ENFORCEMENT OF ACT AND PENAL PROVISIONS
Section 20. Enforcement of the Act by officers of the law.” It shall be the duty of all duly
constituted law officers of the national, provincial, city and municipal governments, or
any political subdivisions thereof, to enforce the provisons of this Act and to procesecute
any person violating the same.
Section 21. registration required.” Unless exempt from registration, no person shall
practice or office to practie civil engineering in the Philippines without having obtained
the proper certificate of registration from the Board for Civil Engineers.
Section 22. Penal provisons.” Any person who shall practice or offer to practice cvivil
engineering in the Philippines without being registeredin accordance with the provisions
of this Act or any person presenting or attempting to use as his own the certificate of
registration of a registered civil engineer, or any person who sha;; give and false or
forged evidence of any kind to board, or any person who shall impersonate any
registrant civil engineer of different name or any persob who shall attempt to use a
revoked or suspended certificate of registration, or any person who shall use in
connection with his name or otherwise assume, use or advertise any title or description
tending to convey the impression that he is a civil engineer, without holding a valid
certificate of registration, or any person who shall ciolate any of the provision of this Act,
shall be guilty of a misdemeanour and shall, upon conviction, be sentenced to a fine of
not less than five hundred pesos nor morethan two thousand pesos, or to suffer
imprisonment for a period of not less than six months not more than one year, or both,
in the discretion of the court.
Section 5.Award and Contract. The contract maybe awarded to the lowest
prequalified bidder whose bid as evaluated complies with all terms and conditions in
the call for bid and is the most advantageous to the Government. To guarantee the
faithful performance of the contractor, he shall, prior to the award, post a performance
bond, in an amount to be established in accordance with the provisions of the Decree
shall be subject to the approval of the Minister of Public Works, Transportation and
Communications, the Minister of Public Highways, or the Minister of Energy, as the case
may be.
Section 6.Assignment and subcontract. The contractor shall not assign, transfer
,pledge , subcontract or make any other disposition of the contract or any part of interest
therein except with the approval of the Minister of Public Works, Transportation and
Communications, the Minister of Public Highways , or the Minister of the Energy , as the
case may be. Approval of the subcontract shall not relieve the main contractor from any
liability or obligation under his contract with the Government nor shall it create any
contractual relation between the subcontractor and the Government.
Section 9. Change Order and Extra Work Order . A change order or extra work order
may be issued only for works necessary for the completion of the project and,
therefore , shall be within the general scope of contract as bidded and awarded. All
change orders and extra work orders shall be subject to the approval of the Minister of
Public Works, Transportation and Communications, the Minister of Public Highways, or
the Minister of Energy, as the case may be.
Section 11. Government´s Right to Take Over Contract Work. The Government may
take over the contract work should the contractor abandon the contract work, or unduly
delay the prosecution of the contract work, or become insolvent, or assign his assets for
the benefit of his creditors, or be adjudged bankrupt, or assign the contract work
without written approval by the Government, or violate any condition or term of the
contract. In any of these cases, the Government may terminate the employment of the
contractor and take over the contract work after giving due notice to the contractor and
his sureties.
ARTICLE I
Sec. 3. Definition of Terms. – The following terms shall be defined under this
(s) Prior learning refers to a person’s skills, knowledge and competencies that have
been acquired through work experience, training, independent study, volunteer activities
and hobbies, that may be applied for academic credit, as a requirement of a training
program or for occupational certification
(t) Professional refers to a person who is registered and licensed to practice a
regulated profession in the Philippines and who holds a valid Certificate of Registration
and Professional Identification Cards (PIC) from the Professional Regulation
Commission (PRC)
(u) Qualification refers to a status gained after a person has been assessed to have
achieved learning outcomes or competencies in accordance with the standard specified
for a qualification title, and is proven by a document issued by a recognized agency or
body
(v) Quality assurance refers to planned and systematic processes that provide
confidence in the design, delivery and award of qualifications within an education and
training system, and is a component of quality management that is focused on ensuring
that quality requirements will be fulfilled; and
(w) Self-directed learning refers to learning activities such as online training,
local/international seminars/nondegree courses, institution/company-sponsored training
programs, and the like, which did not undergo CPD accreditation but may be applied for
an awarded CPD units by the respective CPD Council.
ARTICLE II
CPD PROGRAMS, COUNCILS AND SECRETARIAT
Sec.4. Strengthening the CPD Program. – There shall be formulated and
implemented CPD Programs in each of the regulated professions in order to:
(a) Enhance and upgrade the competencies and qualifications of professionals for the
practice of their professions pursuant to the PQF, the AQRF and the ASEANMRAs;
(b) Ensure international alignment of competencies and qualifications of professionals
through career progression mechanisms leading to specialization/sub-specialization;
(c) Ensure the development of quality assured mechanisms for the validation,
accreditation and recognition of formal, nonformal and informal learning outcomes,
including professional work experiences and prior learning:
ARTICLE III
CPD PROGRAM IMPLEMENTATION AND MONITORING
Sec. 10. CPD as Mandatory Requirement in the Renewal of Professional License
and Accreditation System for the Practice of Professions. – The CPD is hereby
made as a mandatory requirement in the renewal of the PICs of all registered and
licensed professionals under the regulation of the PRC.
Sec. 11. Recognition of Credit Units. – All duly validated and recognized CPD credit
units earned by a professional shall be accumulated and transferred in accordance with
the Pathways and Equivalencies of the PQF.
Sec. 12. Career Progression and Specialization. – The PRC and the PRBs, in
consultation with the AIPO/APO, the Civil Service Commission (CSC), other concerned
government agencies and industry stakeholders, shall formulate and implement a
Career Progression and Specialization Program for every profession. The Career
Progression and Specialization Program shall form part of the CPD.
Sec. 13. Role of Concerned Government Agencies and the Private Sector. – All
concerned government agencies and private firms and organizations employing
professionals shall include the CPD as part of their human resource development plan
and program.
Sec. 14. Presumptive Approval - All CPD programs duly submitted for accreditation
shall be deemed approved after ten (10) working days from receipt thereof if no
feedback from the CPD Council is received. Thereafter, the CPD providers shall be
allowed to offer the same, provided, that the applicable rule of awarding of credits is
strictly observed.
The CPD Council or its designated monitors shall evaluate the implementation of the
programs/services offered. Fraudulent acts in the implementation of the CPD program
are punishable under the pertinent provisions of applicable laws.
Section 15. Supplementary Provisions.
15.1. The Boards and their respective CPD Councils are given a period of
one (1) month to consult with their stakeholders for the review of their
Operational Guidelines and to accordingly amend the same to conform
with this issuance. Those which have not issued their Operational
Guidelines shall be guided by this issuance.
ARTICLE IV
FINAL PROVISIONS
Sec. 16. Funding. – The implementation of the provisions of this Act shall be
immediately included in the PRC programs, the funding of which shall be included in its
annual submissions for inclusion in the annual General Appropriations Act.
The funding requirement herein mentioned shall be used for the regular operations of
the CPD Councils, including the monitoring of the conduct of the CPD Programs.
The PRC shall review and approve the proposed budget for each CPD Council, taking
into consideration the reasonable expenses that will be incurred for travel,
honorarium/allowances, and per diems, when attending official CPD Council meetings
or performing other related functions assigned to them.
Sec. 17. Implementing Rules and Regulations. – The PRC and the PRBs, in
consultation with the AIPO/APO and other stakeholders, shall promulgate the
implementing rules and regulations (IRR) within six (6) months from the effectivity of this
Act. However, a PRB may prescribe its own requirements or procedure relating to the
CPD as may be pertinent and applicable to the specific profession: Provided, That the
same does not contravene any of the provisions of this Act and its IRR.
Sec. 18. Fraud Relating to CPD. – Fraudulent acts relating to the implementation and
enforcement of this Act shall be punishable under the pertinent provisions of the
Revised Penal Code, the New Civil Code and other applicable laws.
In addition to the penalties prescribed in the aforementioned laws, a professional who is
adjudged guilty of any fraudulent act relating to the CPD shall also be meted with the
penalty of suspension or revocation of his/her PRC Certificate of Registration and/or
Certificate of Specialization.