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