Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
PRE-QUALIFICATIONS, BIDS AND AWARDS COMMITTEE
Project:
REGIONAL PRISON FACILITIES THROUGH PUBLICPRIVATE PARTNERSHIP
Special Bid Bulletin No.:
01-2015
TO ALL PROSPECTIVE BIDDERS:
Attached as Annex 1 are the responses to the written queries regarding the
Instructions to Prospective Bidders and the bidding process. This shall form part of
the documents pertaining to the Pre-Qualification Requirements.
For your information and guidance.
Issued this 4th day of May 2015.
~C~~E~B.-S~
Undersecretary
Chair, Pre-Qualifications, Bids and Awards Committee
1
1.
ANNEX 1
....-···
NO.
1
COMMENT/QUERY
Whether the bidders may already be Request denied.
provided a copy of the master plan,
considering the tight deadline to submit
requirements on May 6, 2015.
RESPONSE
2
Proper protocol on the restrictions on Please note that the requirement to submit the certified true copies of the
divulging contents of documents for contracts for all aspects has been removed. For this purpose, the pertinent
submission to the PBAC particularly the provisions of the ITPB are amended to read as follows:
production of specific contracts given
10.2.1 Design and Engineering Experience
certain issues on confidentiality.
XXX
The entity(ies), whose Design and Engineering Experience is being
submitted in fulfillment of this requirement, should submit a notarized
certification indicating fulfillment of this requirement to satisfactorily
establish such claim and a certffied true copy of the .final project design
report signed by the client indicating the information that establishes the
required Design and Engineering Experience.
XXX
10.2.2 Construction Experience
XXX
The entity(ies), whose Construction Experience is being submitted in
fulfillment of this requirement, should submit a notarized certification
indicating fulfillment of this requirement to satisfactorily establish such .
claim and a cert[fied true copy of the final project completion report
signed by the client indicating the information that establishes the
required Construction Experience.
2
NO.
COMMENT/QUERY
.
RESPONSE
10.2.3 Maintenance Experience
XXX
The entity(ies), whose Maintenance Experience is being submitted in
fulfillment of this requirement, should submit a notarized certification
indicating fitlfillment of this requirement to satisfactorily establish such
claim and a certified true copy of the final project design report signed
by the client indicating the information that establishes the required
Maintenance Experience.
XXX
10.2. 4 Security Equipment Experience
XXX
The entity(ies), whose Security Equipment Experience is being submitted
in fulfillment of this requirement, should submit a notarized certification
indicating fulfillment of this requirement to satisfactorily establish such
claim and a certified true copy of the final project design report signed
by the client indicating the information that establishes the required
Security Equipment Experience.
XXX
10.2.5 Private Finance Experience
XXX
The entity(ies), whose Private Finance Experience is being submitted in
fu(fillment of this requirement, should submit a notarized cert(fication
indicating fit(fillment of this requirement to satisfactorily establish such
claim and a certified true copy of the .financial close cert(ficates signed
by the client indicating the information that establishes the required
Private Finance Experience.
XXX
3
NO.
COMMENT/QUERY
RESPONSE
-·
11.4.2. Required attachmentfor each project:
XXX
c. Attachment PQD-4C: certified true copy of the project final design
report;.
XXX
11.5.2. Required attachment for each project:
XXX
d Attachment PQD-5D: certified true copy of the final project
completion report;
XXX
11.6.2. Required attachment for each project:
XXX
b. Attachment PQD-6B: certffied true copy of the final project design
report;
XXX
11. 7.2. Rf!quired attachment for each project
XXX
b. Attachment PQD-7B: certified true copy of the .final project design
report;
4
NO.
COMMENT/QUERY
RESPONSE
11.8.2. Required attachmentfor each project:
XXX
b. Attachment PQD-8B: certtfied true copy of the .financial close
certificates; and
XXX
CHECKLIST OF PREQUALIFICATION REQUIREMENTS
XXX
4.3. PQD-4C: Certified true copy of the final project design report
XXX
5.4. PQD-5D: Certified true copy of the final project completion report
XXX
6.2. PQD-6B: Certified true copy of the final project design report
XXX
7.2. PQD-7B: Certified true copy ofthe.final project design report
XXX
8.3. PQD-8B: Certified true copy ofthefinancial close certtficates
5
NO.
3
COMMENT/QUERY
Whether the ratio or percentage between the
milestone and amortization payments will
be disclosed.
RESPONSE
The ratio of the milestone payment in relation to the project cost will be
disclosed to the pre-qualified bidders in the bid documents.
4
Whether the amortization payment will be Yes
covered by Multi-Year Obligation Authority
similar to the PPP for School Infrastructure
Project (PSIP) of the Department of
Education.
5
Whether the bidders are allowed to propose
innovations In security systems for the
prison (I.T. Systems).
6
Whether there are specific types of security The Security Equipment Experience discussed in Section 10.2.4 contemplates
equipment contemplated in relation to the the installation, servicing and maintenance of the following security equipment:
Security Equipment Experience.
video surveillance, fire detection, scanners and detectors, Ib card readers, remote
control of doors and locks, command and control center. and other similar
security equipment.
7
Request for an extension of 20 days from
May 6, 20 I 5, within which to submit the
prequal ification
documents, to allow
enough time to prepare, translate, and
authenticate foreign documents.
Please see General Bid Bulletin No. 02-2015, dated April30, 2015.
8
On construction_ and finance experience,
whether the bidders may be allowed to
submit a single project, instead of three, as
basis.
Request denied.
9
In relation to the Technical Qualification
Experience requirements, whether joint
venture contracts be acceptable as
references.
Joint venture contracts are acceptable provided that the Prospective Bidder was
the lead partner in the joint venture (largest share, possibly tied in case of joint
ventures with equal partners), or that its minority share represents a project value
exceeding the requirements.
Yes. The bidders are free to develop technical proposals for the security system,
as long as their proposal meets the output specifications in the Minimum
Performance Specifications and Standards (MPSS).
6
NO.
COMMENT/QUERY
RESPONSE
10
In relation to Design and Engineering Request denied.
Experience, whether the prospective bidder
submit less than three references, provided
that the submitted references have joint
value of PhP20 billion, of which one
reference has a value of at least PhP 10
billion.
11
In relation to the Architectural Design and
Engineering Experience, what type of
projects/developments (aside from a prison
facility) can the references be related to?
12
In relation to the Architectural Design and Request denied.
Engineering component, whether the
prospective bidder can submit a reference
wherein which the nominated contractor
participated m the project only m a
supervisory capacity.
13
For the construction experience references,
· whether the prospective bidder can submit a
project that is substantially complete, as
long as there are supporting documents or
certificates of completion for the completed
portion of the work or the subprojects.
As discussed in Section 10.2.1, for the Architectural Design component, at least
one of the three references must relate to a prison facility. There is no restriction
on the other references. For the Engineering, there is no restriction on the three
references.
A project that is substantially complete can be submitted, provided there are
supporting documents or certificates of completion for the completed portion of
the work or the subprojects, and the completed portion of the work exceeds the
minimum project value specified in the requirement.
Accordingly, the relevant provisions of the ITPB are amended as follows:
I 0. 2. 2 Construction Experience
The Prospective Bidder must have in the last 5 years (date ofcompletion)
acted as principal contractor in the construction and commissioning of
successfully completed or substantially completed construction projects of the same nature and complexity comparable to each of the following
works:
7
NO.
COMMENT/QUERY
RESPONSE
Component
Specification
Complex
buildings
Three references of the construction of large, complex
buildings (prisons, hospitals, military bases, shopping
centres, hotels, airports) with a joint value
(construction costs) of at least PhP 20billion, of which
one reference with a value of at least PhP 10 billion.
For this purpose, a construction project shall be deemed substantially
completed (f such project meets the following criteria:
]) completion of at least ninety five percent (95%) of the
originally contracted construction work for a building
project; and
2) the remaining construction work and the pe1jormance of the
work necessary to complete the construction work for a building
project shall not prevent the normal use of the completed
portion/s of the building i.e. partial to full building occupancy is
possible.
XXX
The entity(ies), whose Construction Experience is being submitted in
fu?fillment of this requirement, should submit a notari::ed cert(fication
indicating fulfillment of this requirement to satisfactorily establish such
claim and a certified true copy of the final project completion report
signed by the client indicating the information that establishes the
required Construction Experience.
In case the project is only substantially completed, thefollowing must be
submitted in lieu of a project completion report:
8
NO.
COMMENT/QUERY
RESPONSE
a) for. building (and grounds) projects executed under a conventional
construcaon contract whereby the constructor is on one side and the
building o·wner/ client is on the other side and is assisted by owner
representatives such as the building designer and the construction
manager (natural or juridical persons) :
a duly notarized/ official certification, prepared and issued to
the DOJ by the building owner's construction manager,
stating that the project is substantially complete as of 30 April
2015, in full accordance with the abovecited definition of
substantial completion; and
ii) said certification must also state the peso value of the work
completed.
i)
b) for building (and grounds) projects executed under a design-build
contract (or similar arrangements) whereby the building owner/ client is
on one side and is represented by its project director/ manager (or
equivalent position) and the constructor is on the other side and is
assisted by the building designer and the construction manager (natural
orjuridical persom) :
i) a duly notarized/ official certfftcation prepared and issued to
the DOJ by the building owner's project director/ manager (or
equivalent position), stating that the project is substantially
complete as of 30 April 2015, in full accordance with the
abovecited definition of substantial completion; and
ii) said cert{ftcation must also state the peso value of the work
completed. ·
XXX
CHECKLIST OF PREQUALIFICATION REQUIREMENTS
XXX
9
NO.
COMMENT/QUERY
RESPONSE
5.4. PQD-5D: Cert(fied true copy of the .final project completion report or - a
cert(ficate of substantial completion, viz:
a) for building (and grounds) projects executed under a conventional
construction contract:
i) a duly notarized/ official certffication, prepared and issued to
the DOJ by the building owner's construction manager,
stating that the project is substantially complete as of 30 April
2015;and
ii) said certification must also state the peso value of the work
completed.
b) for building (and grounds) projects executed under a design-build
contract (or similar arrangements) :
i) a duly notarized/ official certification prepared and issued to
the DOJ by the building owner's project director/ manager
(or equivalent position), stating that the project is
substantially complete as of 30 April 2015; and
ii) said certification must also state the peso value of the work
completed.
14
Will a mixed-used development, a The list enumerating what are large complex buildings is interpreted in an
residential development, and a production exclusive manner, so the developments mentioned in the question would not be
facility be acceptable as references on the accepted.
construction of large complex buildings?
15
In relation to the security equipment Request denied.
experience, whether the prospective bidder
can submit less than three references,
provided that the submitted reference/s have
a joint value of at least PhP 50 million.
16
Whether it is possible for an affiliate or the We confirm. Under Section 10.2.5, the mother company or an affiliate of the
mother company who owns the other project company may fulfill the private finance expenence requirement.
project companies to fulfill the project Furthermore and for this purpose, the relevant provisions of the ITPB are
finance experience requirement.
amended as follows:
10
f NO.
COMMENT/QUERY
RESPONSE
10.2.5.
XXX
The Private Finance Experience for any of the Project components may be
fu?filled by any of the following entities:
a. {f the Prospective Bidder is a partnership, corporation, or any other
juridical entity, the Prospective Bidder itse?f;
b. lf the Prospective Bidder is a Consortium, a Consortium Member;
With regard to item (b) above, the Consortium Member may use its own or its
Affiliate's private finance experience to fulfill the requirements of this Section.
XXX
11.1.1. lfthe Prospective Bidder is a Consortium, this document must show the
Lead Member and all Consortium Members, such that the sum total of the
percentage interest of all Consortium Members must be one hundred percent
(100%). The Business Plan must also indicate the entities ·which fulfill the
Qualification Requirements in Sections 10.2 and 10.3, and in the case of Private
Finance Experience Requirement, any Affiliate whose private finance experience
is being submitted to. comply with the Pre~Qualification Reqzdrements.
11.8.2. Required attachments for each project:
XXX
d. Attachment PQD-8D: lf the Prospective Bidder, which is a
Consortium, will use the experience of an Affiliate to comply with the
Private Finance Experience in 10.2.5. a Certificate for Establishing
Relationship with Affiliates (using the form in Annex PQD -8D) as
evidence o.fsuch affiliation.
11
NO.
COMMENT/QUERY
RESPONSE
11.18. Certificate for Establishing Relationship with Affiliates (using the form in
Annex PQD-18A)
CHECKLIST OF PREQUALIFICATION REQUIREMENTS
XXX
14.2. PQD14A.2114B.2 Certificate for Establishing Relationship with Affiliates
(Annex PQD-18A)
XXX
18. Annex PQD-18A: Certificate for Establishing Relationship with Affiliates
Annex PQD-18B: Certificate for Establishing Relationship with Affiliates
The title of Annex PQD-18 is revised to be read as Annex PQD-18A.
17
Request confirmation if investment banker Yes.
may be submitted in fulfillment of Project
Finance.
18
Whether it would be clearer to classify the Request denied.
Private Finance expenence under the
Financial Qualification Requirements.
19
In relation to the Private Finance Request denied.
Experience, whether the prospective bidder
can submit one reference with a total
investment value of at least PhP40 billion.
12
·20
Request for the provision of parameters on
how to prove key personnel qualifications.
10.2.6 Key Personnel
Licensed Architect with 10 years of experience in the architectural design of
large buildings and building complexes, including at least two buildings or
building complexes with a total gross floor area exceeding 15;000 sqm
(excluding basements), for which the architect served as the architect-of-record
and for which space planning and architectural interiors formed a key part of
the architect's contracted scope of work.
Licensed Civil Engineer with 10 years of demonstrated experience in the
detailed design, structural design and construction management of large
buildings and building complexes, including at least two buildings or building
complexes floor area exceeding 15, 000 sqm excluding basements.
Licensed Electrical/Software Engineer with 10 years of demonstrated experience
in the design of integrated security systems (comprising a combination of video
surveillance, access· control and command center) for large facilities (prisons,
hospitals, military bases, airports, seaports, banks, industrial sites, retail
complexes and office buildings).
No amendments are proposed for the qualifications of the prison design expert,
which are already sufficiently specific.
21
On Financial Requirement, whether under a The consolidated financial statement shall be used without any modification or
consolidated financial statement or balance qualification.
·sheet, the non-controlling interest will be
excluded in determining the PhP15 billion
net worth.
22
On the required notarized certifications
Request granted. A copy of the original Certificate will be accepted, provided
(mentioned in Sections 11.4.2 (a), 11.5.2(a), that it is accompanied by a notarized certification issued by the relevant officer
11.8.2
for the of the Pro
Bidder or the Contractor that such
is a true and faithful
11.6.2
11.7 .2
13
..
RESPONSE
NO.
COMMENT/QUERY
demonstration of Experience, whether it reproduction of the original.
may be allowed that bidders submit copies
of the Original Certificates accompanied by
a single notarized cover letter for all the
certifications (considering that certifications
are usually not notarized when issued).
23
Inquired as to permissible submission m Please see response to Query No: 2.
lieu of project contracts as these are
confidential in nature.
24
How many years of audited financial The requirement under provision 11.4.2 prevails. For this purpose, the relevant
accounts are required: one most recent year portion of the ITPB is amended as follows:
(11.14.2) or three (as mentioned m
CHECKLIST OF PREQUALIFICATION REQUIREMENTS
document checklist at the end).
14.1. Attachments PQD14A.J/14.B.l: Certified true copy of Audited Financial
Statements of most recent year.
25
On PQD 16 specifically, request to delete Annex PQD16 is revised as follows:
the first paragraph
Notarized Application to Pre-Qualify and Bid for the Regional Prison Facilities
Project
L (insert name), (insert citizenship), of legal age, with office address at (insert
address), after having been duly sworn according to law, hereby declare for and
on behalf of (name of Prospective Bidder) that:
I.
I am the authorized representative of (insert name of Prospective
Bidder), a (partnership/corporation/other juridical entity or Consortium)
organized and existing under and by. virtue of the laws of([insert place of
incorporation/registration] or organized by agreement among its
Consortium Members), as indicated by the authorization certificate
attached as [Annex PQD-12A (for an partnership, corporation, .or any
14
._
NO.
COMMENT/QUERY
RESPONSE
other juridical entity): Authority to Apply to Pre-Qualify and Bid and
Designation of Authorized Representative1 or Annex PQD-12B (for a
Consortium Prospective Bidder, to be submitted by each Consortium
Member): Consortium Member's Authority to Participate in Consortium
and Apply to Pre-Qualify and Bid, and Designation of Lead Member and
Authorized Representative of Consortium1
15
..