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 ..
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