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PSIP-BB-No10-Attach3-Responses-to-Bidders_15May2012

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					Attachment 3 to Bid Bulletin No. 10
Responses to Bidder Inquiries as of May 15, 2012

      Question                                                  Response

1     Site Condition - Due to the limited timetable for the     The Bidder is expected to conduct its own inspection
      conduct of detailed site investigations, we propose       of the sites, verification of the site condition, and to
      to bid on a bid case assuming:                            comply at all times with the MPSS. His Bid Price
                                                                should take into account his findings. The BLT
                                                                Agreement provides for those situations where some
      required                                                  SubProjects can be excluded from the Contract. If
                                                                there is any demolition required, the Proponent will
                                                                coordinate with DepEd for DepEd to undertake the
      elevation of the adjacent buildings                       demolition. The Site Appraisal report indicates those
                                                                sites where soil testing is required. The MPSS
      electricity and sewerage.                                 states that the foundation shall be designed for an
       MDC (May 11, 2012)                                       allowable soil bearing pressure of 96 kpa (2,000
                                                                pounds per square foot). For those sites that require
                                                                soil investigation based on the site appraisal
                                                                recommendation, the allowable bearing capacity to
                                                                be used must take into the result of such soil
                                                                investigation. The finished floor level shall follow the
                                                                ground elevation of the adjacent buildings except
                                                                where the highwater flood mark is higher.


2     Who bears the Right of Way access to the site? -           The DepED ensures that there will be Right of Way
      MDC (May 11, 2012)                                        access to the sites.

3     Will there be site appraisal reports available to         Site appraisal reports have already been made
      bidders? - MDC (May 11, 2012)                             available to bidders beginning April 25, together with
                                                                the bid documents.

4     Permits and Licenses - During the previous request,       The PBAC Secretariat already provided the bidders
      DepED provided a definite time frame (1 month)            last week with the list of documents required to
      from receipt of Building Permit Application to issue      secure the building permits. The bidders were given
      the Building Permit to the Winning Bidder. Please         until May 11 to submit those documents. The
      confirm the attachments which will be provided by         following documents (as attachments to the
      the bidder and those which are c/o DepED: -MDC            application) shall be provided by DepEd: (1) TCTs;
      (May 11, 2012)                                            (2) tax declaration; (3) tax receipt for the current
                                                                year; (4) zoning /locational clearance; (5) barangay
                                                                clearance (permit to construct).

5     Is the proponent allowed for an extension of time for Section 12.8 of the BLT Agreement provides that if a
      permits to exceed one (1) month period processing delay in the issuance of such permits causes a delay
      committed by DepED? - MDC (May 11, 2012)              in construction, then the construction completion
                                                            deadline for the SubProject affected by the delay
                                                            may be extended by a period agreed upon by the
                                                            parties.

6     Owner's Representative - Will there be one Owner's        If by Owner you are referring to the DepEd as
      Representative for the whole package? During              Contracting Party to the BLT Agreement, then the
      Construction? Upon acceptance? During                     Owner's Representative will be designated by the
      Maintenance? Upon Turnover? Who is the Owner's            DepEd by Special Bid Bulletin.
      Representative? - MDC (May 11, 2012)




                                                          Page 1 of 12
7    If the bid shall be in accordance with the "base         Please refer to our response to Question #1.
     case" as stated in item no. 1, who will approve
     variations? - MDC (May 11, 2012)

8    Who is the IC for the project? Who shall bear the        The IC will be procured after the signing of the BLT
     cost? - MDC (May 11, 2012)                               Agreement. The cost for the IC shall be borne
                                                              equally by the Proponent and the DepEd.


9    Variation Orders - How will the cost impact due to       The Parties shall agree in writing on how additional
     variation orders be applied to the Agreement? Will       costs resulting from such variation will be recovered.
     the lease rate be adjusted or will the cost be           The additional costs may be recovered through any,
     reimbursed directly to the Proponent? - MDC (May         or a combination, of the following methods: direct
     11, 2012)                                                payment from DepED; adjustment of the Lease
                                                              Payment; extension of the relevant Lease Period; or
                                                              other methods to be mutually agreed upon by the
                                                              Parties.

10   Section 12.7 of the Draft BLT mentions variations        The BLT Agreement does not allow for Variations
     suggested by the DepED through a Variation Notice,       initiated by the Proponent. Any Variations under
     please clarify the procedure for variations of the       Section 12.7 must be initiated by a Variation Notice
     contract not initiated by the DepED. -MDC (May 11,       by the DepED
     2012)

11   Construction Methodology - Site access and               The Proponent should use the proposed technology
     material production may limit the methodology to be      and materials indicated in the Conceptual
     proposed. Please confirm if the proponent will be        Engineering Design submitted as part of its
     allowed full flexibility in proposing alternative        Technical Proposal.
     materials during the implementation of the project. -
     MDC (May 11, 2012)

12   In Section 2.2 of the MPSS, Detailed Specifications Yes, DepED has allowed accreditation by other
     of Materials requires the Certification of DPWH and bodies such as the AITECH. DepED will not,
     BRS, can DepED waive this requirement to allow full however, entirely waive the certification requirement.
     flexibility for proponents to propose new materials/
     technology? - MDC (May 11, 2012)


13   Liquidated Damages - Is the monthly lease payment "Monthly Lease Payment" in Sec. 20.2 refers the
     referred to in Sec. 20.2 of the Draft BLT Agreement Sub-Project Contract Price divided by one hundred
     referring to the pro-rated monthly lease payment for twenty (120).
     the building classroom in question? - MDC (May 11,
     2012)

14   Under Section 13(b) of the BLT Agreement "from the This matter is for evaluation.
     time the DepED notifies the Proponent of such
     defects, deficiencies or failures, until the repair,
     rehabilitation, reconstruction works are completed,
     the Proponent shall be liable for LD in accordance
     with Section 20.2" We believe the application of the
     LD immediately from the time of notification is
     unreasonable. LD should apply only when the
     Proponent failed to remedy the defects within the
     period of rectification agreed upon. - MDC (May 11,
     2012)




                                                        Page 2 of 12
15   ABC - What is the ABC for each Package as stated The ABC per Contract Package shall be announced
     in Section 7.5 of the ITB dated April 2012? - MDC as soon as possible.
     (May 11, 2012)

16   Paid-in Capital - Please confirm if the basis of         The ITB minimum paid-in capital requirement will be
     computation for the minimum paid-in capital is the       revised to follow this formula
     Contract Price i.e. Min. Paid-in Capital = 20%*57%
     Contract Price - MDC (May 11, 2012)

17   Change in Ownership Structure - Section 25.2 of the      You are referring to Section 25.2 of the BLT
     ITB dated 25 April 2012 requires the Proponent to        Agreement. The change in ownership of any class of
     seek DepED approval if it intends to change              shares may be disapproved if the proposed
     ownership of any class of shares of stock. What are      Assignee is any such person or legal entity that is
     the possible grounds whereby a request may be            known to be engaged in corrupt, fraudulent,
     disapproved? - MDC (May 11, 2012)                        coercive, undesirable, or restrictive practices, or one
                                                              who does not have the authority, ability, skills, and
                                                              capacity to perform the obligations of the Lessor
                                                              under the BLT Agreement.


18   Remuneration of the IC - Section 6.4 of the BLT          DepEd shall contract with the IC after the signing of
     Agreement states the DepED shall complete the            the BLT Agreement with the Winning Bidder. We
     procurement of the IC within 60 days after the           will disclose the contemplated IC compensation
     execution date. This means that the cost of the          before Bid Date.
     remuneration of the IC will not be included in the bid
     and therefore not budgeted. Proponent should be
     informed beforehand the remuneration for the IC so
     we can include it in our bid. - MDC (May 11, 2012)


19   Performance Security - Under Section 9.0c of the         The Performance Security shall be in the form of an
     BLT Agreement, the performance security required         irrevocable LC to be issued by a reputable bank. The
     is equivalent to 2% of the contract price. What form     Performance Security Validity Period starts from the
     shall this be? Is it cash, manager's check,              Execution Date until 60 days after the latest Final
     irrevocable LC, Bank Draft, Bank Guarantee or            Rectification Deadline. The Final Rectification
     Surety Bond? There should be different percentages       Deadline, means, with respect to a Sub-Project, the
     depending on what kind of security is preferred. In      date which is sixty (60) days from the relevant
     addition, what is the duration of the Performance        Construction Completion Deadline.
     Security Validity Period? - MDC (May 11, 2012)


20   Transfer - Under Section 17a of the BLT Agreement The BLT Agreement itself is proof of ownership by
     the ownership of the Sub-Project shall be               the proponent of the SubProject prior to the transfer
     transferred to DepED at the end of the lease period. to the DepEd.
     What document (proof of ownership) will DepED
     provide the proponent to prove the latter's ownership
     of the Sub-Project before it is transferred? Will there
     be a title to the building and the land to be provided
     by DepED? Please provide more details on the
     transfer of ownership. - MDC (May 11, 2012)




                                                     Page 3 of 12
21   Is the Proponent allowed to transfer the building to       Pursuant to Section 25.1 of the Draft BLT
     an entity other than DepED during the Lease Period         Agreement, subject to the Procurement Law and all
     and prior to final transfer to DepED? - MDC (May 11,       other applicable laws, the Proponent has the right to
     2012)                                                      assign any of its rights, title, interest, or obligations
                                                                under this Agreement, in whole or in part, provided
                                                                that: (1) such assignment will not in any way
                                                                diminish its principal liability under this Agreement;
                                                                and (2) the Proponent secures prior DepED written
                                                                approval of the assignment, which approval shall not
                                                                be unreasonably withheld.


22   Financial Closure - Under Section 7.2 a of the BLT This matter is for evaluation.
     Agreement, the time to achieve financial closure (30
     days) is too short. We would request that it be
     extended to 60 days. - MDC (May 11, 2012)


23   Liability for defects - Under Section 13.0a of the BLT     The ten-year period is not meant to be equivalent to
     Agreement, the Proponent shall be liable for all           a defects liability period but the period during which
     defects, deficiencies and failures on accepted Sub-        the contractor/architect/engineer is by law liable for
     Projects from the date of issuance of the Certificate      defects in the plans, specifications,construction, use
     of Completion until the end of the lease period. We        of materials, or any violation of the contract with the
     propose the defects liability period shall be limited to   Project Owner. Article 1723 of the Civil Code actually
     1 year from receipt of certificate of completion which     provides for 15 years reckoned from time of
     is the norm in construction. - MDC (May 11, 2012)          occupancy plus another 10 years within which a civil
                                                                suit could be filed (reckoned from the established
                                                                time of the defect in either design or construction or
                                                                manifestation of defects on the ground which the
                                                                designer may have failed to take into account for
                                                                mitigation).


24   The Application of LD immediately from the time of This matter is for evaluation.
     notification is unreasonable. LD should apply only
     when the Proponent failed to remedy the defects
     within the rectification period as agreed upon. - MDC
     (May 11, 2012)


25   Excusable Delay in Construction - The Incidents            Any problem with the project site should be
     enumerated in Section 12.8b of the BLT Agreement           addressed under Section 8 of the BLT Agreement. If
     should include the following events: Delay in turning      DepEd fails to provide access to the Project Site
     over possession of the site, Suspension order by           within 15 days after Execution Date for any reason
     DepED through no fault of the Proponent, Adverse           whatsoever, DepEd shall have the option to propose
     Physical Conditions unforseeable by an experienced         a substitute site with substantially the same
     contractor including accessibility problems. - MDC         conditions as that of the Project Site that DepEd
     (May 11, 2012)                                             could not provide access to. The Proponent shall
                                                                have 15 days to notify DepEd that it accepts the
                                                                substitute site. If the Proponent does not accept the
                                                                substitute site within such period, the SubProject
                                                                covered by the Project Site that DepEd cannot
                                                                provide access to shall be excluded from the BLT
                                                                Agreement.




                                                      Page 4 of 12
26   Completion of Construction - Under Section 12.10 of      We have no substantial completion threshold. The
     the BLT Agreement "A Sub-Project which, by its           DepEd Accepts only completed SubProjects. This is
     Final Rectification Deadline, has not yet passed         not unreasonable because the gauge for exclusion is
     either the Punch List Inspection, and which has not      passing the Punch List Inspection by the Final
     been previously Excluded, shall be Excluded"             Rectification Deadline, which is 60 days past the
     Exclusion of a Sub-Project under the circumstances       relevant Construction Completion deadline.
     is unreasonable since there is already substantial
     completion of the Sub-Project. - MDC (May 11,
     2012)

27   Commencement of Construction - Under Section             The release of NTP and Permits is done on a
     12.4(b) of the BLT Agreement, the Proponent shall        staggered and continuing basis such that the
     commence work immediately after the issuance of          Proponent could commence construction for certain
     the NTP. If possible Start / Effective Date should be    project sites while the NTPs and Permits for other
     at least 7 days from issuance of NTP , Site              sites are being processed or issued.
     Possession or release of all Relevant Permits
     whichever is later. - MDC (May 11, 2012)

28   Real Property Tax - Since the building remains the        The school buildings will not be subject to RPT.
     asset of the Proponent during the tenure of the          Real property is classified for assessment purposes
     lease, please clarify the entity to pay for the RPT of   on the basis of actual use or the purpose for which
     the building. - MDC (May 11, 2012)                       the property is principally utilized by the person in
                                                              possession thereof. In the hands of DepEd, the
                                                              school buildings would be used for education
                                                              purposes. Under the 1987 Constitution, all lands,
                                                              buildings, and improvements, actually, directly, and
                                                              exclusively used for educational purposes shall be
                                                              exempt from taxation.


29   Building Construction - Will DepED provide       No. Since the Proponent will undertake Design-
     Topographic Survey for each location? - MDC (May Build Services, the conduct of the topographic and
     11, 2012)                                        relocation surveys as well as soil investigations and
                                                      even of the requisite environmental investigations,
                                                      should all be undertaken by the Proponent for its
                                                      own account.

30   Will DepED provide geotechnical information for          No. Please refer to our response to Question #29.
     each building? - MDC (May 11, 2012)



31   Who will be responsible for demolition in areas with DepEd will undertake the demolition. But the
     existing buildings? - MDC (May 11, 2012)             Proponent should be responsible for the removal of
                                                          pre-existing foundation as this is necessary for the
                                                          school building to be erected on the site.
32   Who will define the exact location of the building? -    Please refer to the site appraisal report. It is the
     MDC (May 11, 2012)                                       Proponent's responsibility to propose the new
                                                              building location and have it approved by the IC and
                                                              DepEd.

33   Who will provide the location plan for the building      It is the Proponent's job as the Designer.
     permit application? -MDC (May 11, 2012)


34   What will be the basis of determining the Finished       It must be higher than the highwater mark. The
     Ground Level (FGL) of the new school building? Will      Proponent must look for indicators that are present
     the Principal's suggestions be sufficient? - MDC         on and off-site. The information is all there at the
     (May 11, 2012)                                           project site and environs.



                                                      Page 5 of 12
35   Is there a fire rating requirement for the building    Yes, the Proponent as Designer must check which
     structure? If yes, what is the minimum fire rating     of the following is the most stringent: 1) P.D. No.
     required? - MDC (May 11, 2012)                         1096, the 1977 National Building Code of the Ph
                                                            (NBCP) and its 2004 Revised IRR; 2) R.A. No. 9514,
                                                            the 2008 Fire Code of the Ph (FCP) and its 2009
                                                            IRR; 3) the National Fire Protection Association
                                                            (NFPA) codes, standrads or related issuances; or 40
                                                            other applicable local fire safety standards


36   What are the specifications of the construction of     We assume that by "board-up" you are referring to
     board up? - MDC (May 11, 2012)                         the temporary perimeter fence. There are no
                                                            required specifications but the Proponent should
                                                            ensure the safety of the workers and the students.

37   For the encroachment on Private Property who will      The identified project sites do not encroach on
     prepare the Land Acquisition Plan, Parcellary          private property. If a Variation necessitates the
     Survey, and acquire the Right of Way? - MDC (May       acquisition of lands or land right not included in the
     11, 2012)                                              Project Sites, the DepED shall be solely responsible
                                                            for procuring the same.
38   For the Areas requiring slope                          The additional work will be for the account of DepEd
     protection/embankment or filling, who will be          but limited to slope protection only. Earthworks not
     responsible for the additional work? - MDC (May 11,    related to the slope protection work will be for the
     2012)                                                  account of the Proponent.

39   Do we need to provide and submit architectural,        Yes, and also "As-Built" plans at the completion of
     structural, electrical and plumbing plans for the      the construction work.
     Building Permit Application for each building
     location? - MDC (May 11, 2012)

40   Could we use typical plans for each building           Yes, provides that the requisite site adaptations are
     location? - MDC (May 11, 2012)                         also submitted. Moreover, the plan should be
                                                            specific to theSubProject and in accordance with the
                                                            MPSS.
41   What if the one year construction period for each   No.
     package will be extended? Will there be LD given to
     the contractor? - MDC (May 11, 2012)

42   Building Materials - Would the use of door knob     This matter is for evaluation.
     instead of the lever type be acceptable? - MDC (May
     11, 2012)

43   Are ceramic base wall tiles required for toilets? Is     Minimum 1.5 Meter high Ceramic tiles. Wainscotting
     there a specific material for wainscoating in toilets? - is a Designer's option but may be medium gloss
     MDC (May 11, 2012)                                       latex (painted) plastered masonry if introduced.


44   Plumbing - Can we assume that the water service at This matter is for evaluation. The Proponent must
     the building would be of sufficient water pressure so fully ascertain the operating requirements and come
     as not to require a water tank and pump? - MDC        up with the appropriate design.
     (May 11, 2012)

45   Who is responsible for the water connection? - MDC DepEd
     (May 11, 2012)




                                                      Page 6 of 12
46   Electrical - Can we assume that the power service at Yes
     the site is already sufficient to carry the additional
     load of the building? - MDC (May 11, 2012)


47   Who bears the cost in securing the Certificate of         Proponent
     Electrical Inspection? - MDC (May 11, 2012)


48   Who bears the cost for securing the power                 DepEd
     connection? - MDC (May 11, 2012)


49   Do we need to prepare and submit the full                 Yes, you have to submit the DED for the Mock-Up.
     requirements of the DED for the mock-up/project           However, the CMP is not required for the Mock-Up
     which include the detailed Construction                   as you will only be building on 1 site. Topographic
     Management Plan, Topographic Survey Plans,                Survey Plans are as a rule not required for the Mock-
     Geotechnical/geological investigation report,             Up nor the Sub-Projects, except in those instances
     drainage design report? - Megawide (May 15, 2012)         where such surveys and investigations are clearly
                                                               indicated.

50   What is the minimum height of the finish ground           If there is none, then just comply with the MPSS.
     floor level from natural grade line if there is no
     record of flooding or was left blank on the DepED
     site appraisal form? - Megawide (May 15, 2012)

51   How high shall we increase the ground floor level The ground floor level should be raised by at least
     from the maximum flood level? - Megawide (May 15, 0.2m (8 inches) above the highest flood level mark.
     2012)

52   If the proposed project site is adjacent to existing For the Mock-Up just comply with the MPSS but for
     school buildings and the maximum flood level is high each Sub-Project you will have to raise the Sub-
     (1.5m) shall we follow the required level from the   Project above the high flood level mark.
     maximum flood level? - Megawide (May 15, 2012)


53   On project sites where it is accessible only by foot, Yes.
     or if the site does not permit the use of our new
     technology, can we adopt the conventional methods
     of construction? - Megawide (May 15, 2012)


54   Is it allowed if the second floor ceiling be slanted      Please show us a conceptual architectural section.
     and the ceiling board is directly connected to the
     purlins but with heat insulation? - Megawide (May
     15, 2012)

55   Do we need to include the provisional amount/cost         No, you just have to excavate/fill the area within the
     for the clearing works, construction of retaining wall,   2m of the School Building but the DepED will
     and stairs, if the proposed school building is along a    construct the retaining wall/rip-rap and other works
     slope? - Megawide (May 15, 2012)                          to protect the building against the slope. Earthworks
                                                               not related to slope protection work shall be for the
                                                               account of the Proponent.




                                                      Page 7 of 12
56   Do we need to include the provisional amount/cost        Additional works, if any, will be for the account of
     for the removal/demolition of existing clearing works,   DepEd. But earthworks not related to slope
     construction of retaining wall, and stairs, if the       protection work shall be for the account of the
     proposed building is located along the slope? -          Proponent.
     Megawide (May 15, 2012)


57   Do we need to replace/replant the affected trees? The DepED School Principal will be the one in
     Who will take care of the DENR Permit? - Megawide charge of the DENR Permits for removal and/or
     (May 15, 2012)                                    replanting of trees.


58   Do we need to include the provisional amount/cost        No
     of generator on the site areas without power supply
     to test our installed electrical fixtures in our cost
     proposal? - Megawide (May 15, 2012)


59   Do we need to include the provisional amount/cost This matter is for evaluation.
     of pump, elevated water tank, pipings and electrical
     connections for the toilet to be operational in case
     the water source is a river? - Megawide (May 15,
     2012)

60   Do we need to include the provisional amount/cost This matter is for evaluation.
     of pump, elevated water tank, pipings and electrical
     connections for the toilet to be operational in case
     the water source is a spring? - Megawide (May 15,
     2012)

61   What is the minimum number of convenience outlet None.
     to be provided on the windowless side of the
     classrooms? - Megawide (May 15, 2012)

62   Are we required to do site development (enveloping) Not required in the MPSS.
     of school building at a maximum distance of 2m
     from the exterior perimeter wall site as site
     development? Concrete or architectural items like
     pavers? If concrete, what is the thickness? -
     Megawide (May 15, 2012)

63   Is there a specific location of septic vault? -          The Septic Vault must not be in the Building but
     Megawide (May 15, 2012)                                  outside of it in the back area (rear yard)



64   In Component II - Toilets Item b, the specified scale Yes.
     to be used is 1:100. Can this be 1:20 because 1:100
     is too small? - Megawide (May 15, 2012)


65   In Component II - Toilets item c, it was specified that No, please check the list of accepted accrediting
     we are required to submit the Certificate of            bodies
     Accreditation from DPWH BRS, can we comply with
     item D instead and supply brochures and videos of
     our new materials/technology?




                                                       Page 8 of 12
66   If the DepED Technical Staff will check our mock-up      No. The TOR of the IC will be circulated to the
     drawings instead of the IC, are we required to           bidders for comments. If the DepEd Technical Staff
     include and implement the IC comments if ever            already accepts the mock-up drawings, the same will
     there is? - Megawide (May 15, 2012)                      not be subject of comments from the IC.

67   Who will facilitate the processing of our construction   Please submit all the requirements to the DepED c/o
     permit for mock-up? If by DepED, when/how can we         Dir. Aida Carpintero of the Procurement Service.
     know if it is approved already for us to start work? -   The DepEd will liaise with the DPWH and the LGU
     Megawide (May 15, 2012)                                  for the release of the permits.

68   Maintenance period is every 4.5 years but the BLT        Maintenance occurs only every 4.5 years, there will
     Agreement is for 10 years. Please confirm if we will     be no maintenance event after the 9th year.
     not do maintenance on the 10th year? - Megawide
     (May 15, 2012)

69   May we request for a copy of the DOJ Opinion             The DOJ Opinion is an attachment to Bid Bulletin #
     rendered recently in connection with the DepEd           10.
     obligation under the BLT Agreement.



70   Do we need to present a Construction Management There is no need to present the CMP for the Mock-
     Plan for the Mock-Up?                           Up.

71   Do we have to put steel grills also when we use          No, there is no need to provide the steel grills.
     glass jalousies for our windows?                         However, the metal frames and jalousie holders
                                                              must be sturdy enough to withstand vandalism.
72   May I request for a conciliation between provisions      We will revert to you with the revised ITB language
     in the ITB and BLT Agreement. The ITB requires           for minimum paid-up capital.
     the paid in capital to be 30% of Bid Price but the
     BLT Agreement requires 57% x 20% of contract
     price. - BF Corporation (May 14, 2012)

73   Is it possible for a consortium member to contribute     That is the Proponent's Decision. But the Proponent
     assets other than cash? - BF Corporation (May 14,        should submit the SEC Certificate of Incorporation
     2012)                                                    within the prescribed period.


74   Will the lead member be allowed an equity                Yes, but the Lead Member must still have the largest
     reduction? - BF Corporation (May 14, 2012)               percentage interest in the Consortium and must have
                                                              at least a thirty-three percent (33%) interest in the
                                                              Consortium at all times, and any Consortium
                                                              Members which comply with the requirements in
                                                              Section 11 of the Instructions to Prospective Bidders
                                                              must have the minimum percentage interests
                                                              required in those Sections at all times. Any change
                                                              in participation percentages in a Consortium
                                                              requiresDepEd approval.

75   Do we need to do soil investigation for all sites?       DepED already performed some soil investigation on
                                                              the majority of the project sites. Unless otherwise
                                                              indicated in the Site Appraisal Reports, there is no
                                                              need to conduct soil investigation.




                                                      Page 9 of 12
76   What is substantial completion? What specifically       If the Proponent sends a Construction Completion
     are its effects? - BF Corporation (May 14, 2012)        Notice to DepEd by the Construction Completion
                                                             Deadline, then within 15 days from receipt of the
                                                             notice, the IC and DepEd shall jointly conduct and
                                                             finish the Punch List Inspection of the SubProject. If
                                                             the Proponent sends a Construction Completion
                                                             Notice to DepEd after the Construction Completion
                                                             Deadline, then within 25 days from receipt of the
                                                             notice, the IC and DepEd shall jointly conduct and
                                                             finish the Punch List Inspection of the SubProject.


77   If you are 95% complete does that mean you are not      A Sub-Project will be accepted only when 100%
     bound by the Liquidated Damages (LD) anymore?           complete. LD apply if by Construction Completion
     Sometimes it takes time to rectify, so when is it       Deadline,the SubProject has not passed the Punch
     reckoned from 95% or 100%? - BF Corporation             List Inspection or if by Final Rectification Deadline,
     (May 14, 2012)                                          the SubProject has not passed either the Punch List
                                                             Inspection or the Rectification Inspection.


78   Can we have a maximum for the Liquidated                There is a ceiling on Liquidated Damages. The
     Damages? - BF Corporation (May 14, 2012)                DepEd may terminate the contract if any amount due
                                                             from the Proponent to DepED for Liquidated
                                                             Damages, after drawing on the Performance
                                                             Security (if the Performance Security is still in force)
                                                             exceeds fifty percent (50%) of the Lease
                                                             Payments scheduled to be paid on all Accepted
                                                             Sub-Projects at the time of the issuance of the
                                                             Notice of Default.

79   ITB states that the CED should be detailed giving it    No, the Bid Price is already fixed. However, the Bid
     an accuracy of +/- 15% of the quantities. The           Price/Contract Price may be reduced if, having failed
     Financial Proposal states that it is a fixed lump sum   to provide access to a Project Site within 15 days
     contract. Does that mean that if ever we should         from execution of the BLT Agreement for any reason
     overshoot the budget for a school building the lease    whatsoever, the DepEd proposes a Substitute Site,
     price will be adjusted to cover the excess? - BF        but the Proponent does not accept such Substitute
     Corporation (May 14, 2012)                              Site, then the SubProject to which access has not
                                                             been given to the Proponent shall be excluded from
                                                             the BLT Agreement.

80   You also mentioned that we can depend on the            The Site Appraisal Reports were already provided to
     visual characteristics of the soil. However, in our     the Bidders. These reports indicate which sites
     experience in the SEDIP Project of the DepEd we         require further soil investigation. However, if you find
     found that in one site there can be different           that there is an issue with the site (i.e. sinkholes) you
     classifications of soil underneath the site. In fact    can bring it up with DepED, we can change the site.
     some had sinkholes underneath the so called             Again, Designers and Proponents are advised that
     “normal” sites. We really need the Geotechnical         they assume civil liability for pre-existing defects in
     reports. - DMCI (May 14, 2012)+B79                      the ground as per Article 1723 of the New Civil
                                                             Code.

81   How will the DepEd treat the delay in the submission There is no deadline for the submission of the DEDs
     of DEDs due to the conduct of further geotechnical by the Proponent. The only requirement is that the
     investigation? - DMCI (May 14, 2012)                 SubProjects be completed within 12 months from
                                                          execution of the BLT Agreement.




                                                     Page 10 of 12
82   Will there be a Mock-Up for Conventional or only for Yes. Mockup is for the Proponent's proposed
     New Technologies? - Megawide (May 14, 2012)          solution, whether conventional or alterntive
                                                          technologies.
83   In one site the flood level was 1.5m are we expected For the mock-up, just comply with the MPSS.
     to raise the Mock-Up by 1.5m even though it is side-
     by-side with an existing school building? - Megawide
     (May 14, 2012)

84   For Single Storey school buildings we are unsure of The DepEd will provide details of whether to use
     what you mean by attached or detached toilet? The attached or detached toilets on which schools.
     MPSS states that it is either attached or detached? -
     DMW-Datem (May 14, 2012)

85   Can we have a max on the LD, there is a CIAP            The CIAP Document is only a guide, neither rule/
     document that imposes a max                             regulation nor law.


86   Can the Bid Security be in the form of a bond? - BF No.
     Corporation (May 14, 2012)

87   Can the Performance Security be in a bond, and the No.
     amount lowered from 2% to around 1% or .5% - BF
     Corporation (May 14, 2012)

88   Maintenance – New Technology should be tailor fit Whatever applicable maintenance for the technology
     for those new technologies used. For example, there proposed should be undertaken.
     is no need for termite control where steel is the
     material used. - BF Corporation (May 14, 2012)



89   Where do we put the Septic Tank? The MPSS does It should be placed at the back of the building.
     not give directions. - Megawide (May 14, 2012)


90   We have talked with Mayors from some LGUs in            The DPWH has issued a Circular mandating the
     Region IV-A. They have informed us that they are        release of the permits within 15 days from complete
     not involved in this Project. This can likely lead to   submission of requirements, and a Memorandum of
     delays, how will DepED treat those delays because       Agreement is being drawn up by the DepEd, the
     the local Chief Executive refused to issue the          DPWH and the DILG regarding the issuance of
     necessary permits? - MDC-DDT (May 14, 2012)             building permits for this Project.



91   Should delays in issuing permits happen, how will it The DepEd may replace the affected project sites.
     be treated?

92   Page 8 of the MPSS indicates maintenance of roof        The MPSS provision that the "Proponent shall
     cavity should be on an annual basis. Please clarify     warrant the performance and condition of the entire
                                                             roofing system and its adjunct drainage system and
                                                             shall undertake the requisite periodic maintenance
                                                             regimen on an annual basis." mainly refers to the
                                                             roof system, of which the roof cavity is part.




                                                    Page 11 of 12
93   Can you waive the performance bond? Considering No.
     we are the one financing the project maybe we’d be
     the ones who should have a bond from the DepEd. -
     MDC-First Balfour (May 14, 2012)


94   Is it possible to seek the issuance of Building           We already have a DPWH Circular on the matter.
     Permits from the Office of the President? - BF
     Corporation (May 14, 2012)

95   Termination Payments. Section 21.3 DepED                  Yes, Default on the part of DepED will make the
     Default, will this make the remaining balance             remaining balance immediately due and
     immediately due and demandable? How is the final          demandable. In computing Termination Payment,
     lease payment computed? PDST-F is used but what           DepED shall use the PDST-F for all the Sub-Projects
     if I have several batches, Batch 1 is accepted but        covered by the applicable Quarterly Lease Payment.
     defaulted on by DepED Batch 2 payments proceed
     as normal. Does this mean that the second batch
     will follow the clause where the PDST-F would be
     the last lease payment date for the 1st batch? -
     Megawide (May 14, 2012)

96   If there is no available ready mix concrete supplier      The opening of the Technical Proposals will be on
     within the locality, can we do site mix? Are we           July 18. The Bidders can use both job mix or transit
     required to submit a trial mix for the site mix? If so,   mix concrete for the Mock-Up. The Bidders will
     the time will not be enough to complete the mock-up       know what is appropriate for them if they have done
     prior to bid opening on July 28 for we will wait 28       site visits, as all the Mock-Up school sites have
     days before we let the concrete sample be tested.         enough space to accommodate either transit or job
     Please confirm if we can just follow the concrete         mix conrete. There are concrete products
     mixture per Blue Book of the DPWH. -- (Megawide           commercially available where curing time is only
     May 15, 2012)                                             seven (7) days and therefore this will not cause any
                                                               delay in construction. For both job mix or transit mix
                                                               concrete, the bidder is required to conduct specific
                                                               concrete test requirement.




                                                     Page 12 of 12

				
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