SUPPLEMENTAL BULLETIN NO.1

31 May 2019 Attention:All prospective bidders for the project:

C-2019-01:CONSULTING SERVICES FOR STRUCTURAL INVESTIGATION AND DETAILED ENGINEERING DESIGN FOR THE RETROFITTING OF THE DEVELOPMENT BANK OF THE PHILIPPINES’ BACOLOD OFFICE BUILDING (ABC:P 3,844,260.00 inclusive of all applicable taxes)

Please be informed of the following: 1. The schedule for theSubmission and Opening of Eligibility Documents is moveddue to declaration of June

5, 2019 as a holiday in celebration of EidulFitr as follows:

SCHEDULE OF SUBMISSION AND OPENING OF ELIGIBILITY DOCUMENTS

Activity Time Venue

Submission of Expression of Interest and Eligibility Documents

10 June 2019 (Monday) “On or before” 2:00 PM*

Mezzanine, BAC Secretariat DBP Bacolod Bldg., Bacolod

City

Opening of Expression of Interest and Eligibility Documents

10 June 2019 (Monday) “On or before” 2:05 PM

Mezzanine, BAC Secretariat DBP Bacolod Bldg., Bacolod

City

*Late submission shall not be accepted.

2. Amendments and clarifications on the Checklist of Requirements:

On the Criteria for Short Listing:

From To

FORM I-G Criteria for Shortlisting I. YEARS IN BUSINESS AS A STRUCTURAL

FIRM/COMPANY

Basis: SEC or DTI Registration

REVISED FORM I-G- Criteria for Short Listing I. YEARS IN BUSINESS AS A STRUCTURAL

FIRM/COMPANY

Basis:

SEC Registration (for Firms, Partnerships or Associations) or DTI Registration *

* Except SEC Registration issued to

Corporations.

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3. Amendments of Terms of Reference:

From To FORM II-E – Terms of Reference 1. The 3rd paragraph of Section 2.2.3.3 Output: Recommendation Report, page 10 reads: “xxx Should the Summary and Conclusions of the Structural Analysis Report states that there is no need for any intervention for the building structure, then the Recommendations report does not need to include its Chapters 1 to 3. Otherwise, the Consultant shall discuss the recommended interventions and their extents. xxx”

2. Phase II. Retrofitting DED, 2.2.4 Outputs, page 11 xxx” 3. Phase II. Implementation 3.1 Deliverables, Reportorial Requirements and Manner of Payment, paragraph 1 and 2, page 15 reads: All deliverables shall be subject to the review and approval of DBP PFMD. The Consultant shall comply with the comments and recommendations of the DBP. Once found in order, a Certificate of Compliance and Acceptance shall be issued for each respective deliverables submitted by the Consultant, which shall serve as one of DBP’s bases for payment, in accordance with the percentage weight specified above for each milestone phase.

REVISED FORM II-E- Terms of Reference 1. The 3rd paragraph of Section 2.2.3.3 Output: Recommendation Report, page 10 shall reads:

“xxx Should the Summary and Conclusions of the Structural Analysis Report states that there is no need for any intervention for the building structure, then the Recommendations report does not need to include its Chapters 1 to 3 and the Consultant shall issue Certification of Structural Stability, duly-signed and sealed by Consultant’s Structural Engineer. Otherwise, the Consultant shall discuss the recommended interventions and their extents. xxx”

2. Phase II. Retrofitting DED, 2.2.4 Outputs, page 11, additional requirement for Consultant: xxx” The Consultant shall issue Certification of Structural Stability, duly-signed and sealed by Consultant’s Structural Engineer after the retrofitting is completed. 3. Phase II. Implementation 3.1 Deliverables, Reportorial Requirements and Manner of Payment, paragraph 1 and 2 page 15 shall be reads: All deliverables which includes the Consultant’s Certification of Structural Stability, duly-signed and sealed by Consultant’s Structural Engineer after the retrofitting is completed shall be subject to the review and approval of DBP PFMD. The Consultant shall comply with the comments and recommendations of the DBP. Once found in order, a Certificate of Compliance and Acceptance shall be issued for each respective deliverables submitted by the Consultant, which shall serve as one of DBP’s bases for payment, in accordance

SUPPLEMENTAL BULLETIN NO. 1 C-2019-01: CONSULTING SERVICES FOR STRUCTURAL INVESTIGATION AND DETAILED ENGINEERING DESIGN FOR THE RETROFITTING OF THE DEVELOPMENT

BANK OF THE PHILIPPINES’ BACOLOD OFFICE BUILDING (ABC: Php 3,844,260.00) page 3 of 8

Other matters: Query Clarification

Restricting the participation to Sole Proprietorships in the Public Biddingfor Consulting Services involving civil engineers

Clause 1 of the General Principles on Consulting Services defines a Consultant as a natural or juridical person, qualified by appropriate education, training and relevant experience to render any or all of the types and fields of consulting services (as defined in the IRR), subject to the requirements provided (in this IRR) for eligibility check and post-qualification. Although we agree that corporations as juridical persons may participate in government procurement, we also take note of the limitations on engagement of consultants with respect to the practice of profession as prescribed under Section 24.3.2 of the 2016 Revised IRR of R.A. No. 9184, to wit:

“24.3 Eligibility Criteria xxx 24.3.2. When the types and fields of consulting services in which the foregoing persons/entities wish to engage involve the practice of professions regulated by law, those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions.” (Emphasis supplied)

It can thus be gleaned that corporations or individuals may engage or participate in competitive bidding for consulting services provided that relevant laws do not restrict the practice of a particular profession to natural persons.

The Sixth and Final payment of fifteen percent (15%) shall be made upon completion of the retrofitting constructor works and DBP’s issuance of a Certificate of Compliance and Acceptance to signify acceptance of the Bank of the retrofitting of the building by the Consultant.

with the percentage weight specified above for each milestone phase The Sixth and Final payment of fifteen percent (15%) shall be made upon completion of the retrofitting constructor works, issuance of Consultant’s Certification of Structural Stability, duly-signed and sealed by Consultant’s Structural Engineer and DBP’s issuance of a Certificate of Compliance and Acceptance to signify acceptance of the Bank of the retrofitting of the building by the Consultant.

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However, we take note that Section 24 of Republic Act No. 544, as amended, or the Civil Engineering Law of the Philippines provides that:

“Sec. 24. The practice of civil engineering is a professional service, admission to which must be determined upon individual, personal qualifications. Hence, no firm, partnership, corporation or association may be registered or licensed as such for the practice of civil engineering: Provided, However, That persons properly registered and licensed as civil engineers may, among themselves or with a person or persons properly registered and licensed as architects, form, and obtain registration of, a firm, partnership or association using the term “Engineers” or “Engineers and Architects,” but, nobody shall be a member or partner of such firm, partnership or association unless he is a duly licensed civil engineer or architect, and the members who are civil engineers shall only render work and services proper for a civil engineer, as defined in this Act, and the members who are architects shall also only render work and services proper for an architect, as defined in the law regulating the practice of architecture; individual members of such firms, partnership or association shall be responsible for their own respective acts.”

Finally, the Government Procurement Policy Board Technical Support Office, in its earlier opinions also support the stance that corporations cannot participate in the bidding of consultancy contracts for engineering design services by any government agency:

1) GPPB Non-Policy Opinion No. 019-2007 dated 20

July 2007 states that:

“The governing law on the practice of Civil Engineering is R.A. 544, otherwise known as the "Civil Engineering Law". Its Section 2 defines the practice of civil engineering as embracing the services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of infrastructure projects. Section 24 of R. A. 544 further provides that no firm,

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partnership, corporation or association may be registered or licensed as such for the practice of civil engineering, provided however that persons properly registered as civil engineers may, among themselves, form and obtain registration of a firm, partnership or association. Individual members of such firm, partnership or association shall be responsible for their own respective acts. Based on the foregoing, we opine that corporations cannot participate in the bidding of consultancy contracts for engineering design services by any government agency.” [Emphasis ours]

2) GPPB Non-Policy Opinion No. 020-2007 dated 20

July 2007 also states that:

“Section 24 of R.A. 544, as amended, otherwise known as the "Civil Engineering Law" provides that no firm, partnership, corporation or association may be registered or licensed as such for the practice of civil engineering, provided however that persons properly registered as civil engineers may, among themselves, form and obtain registration of a firm, partnership or association. However, in such a case, individual members of such firm, partnership or association shall be responsible for their own respective acts. Consequently, no corporation can validly submit a bid for engineering consultancy services in a government project since under R.A. 544, the practice of civil engineering is limited to individuals or partnerships.” [Emphasis ours]

The limitation was further bolstered when the Department of Justice in its Opinion No. 82, series of 2013, opined that although the IRR of RA No. 9184 expressly allows corporations to participate in the bidding for consulting services subject to the requirements set forth therein, the same IRR, however, qualified the rule with respect to consulting services involving the practice of profession regulated by law. The provisions of RA No. 544, RA No. 545 and RA No. 4374 specifically limit the practice of civil engineering, respectively to natural persons, excluding firms, companies, partnerships, associations or corporations from registration or licensing, viz:

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“xxx From the foregoing, it is clear that consulting services shall be rendered only by Filipino Citizens and registered professionals who are authorized by law to practice their profession. In this case, RA No. 544, RA No. 545 and RA No. 4374 specifically disqualifies corporations from registering or having a license to practice civil engineering, architecture and geodetic engineering, respectively. …xxx… in engaging consultancy services involving the practice of professions such as civil engineering, geodetic engineering and architecture, as a rule, corporations may not be allowed to participate in the bidding process for consultancy services with the exception of architectural professional corporations duly formed as such under R.A. No. 9266.”

In view of the foregoing, participation in the bidding shall be limited to Sole Proprietorships, Partnerships, Firms or Associations. Participation of Corporations are not allowed. Please see Annex “A” for the Revised Checklist of Requirements attached in this Supplemental Bulletin.

On the Revised Checklist of Requirements:

From To

Checklist of Requirements for bidders. Please see Annex “A” for the Revised Checklist of Requirements attached in this Supplemental Bulletin.

On the Criteria for Short Listing:

From To

FORM I-G Criteria for Short Listing Please see REVISED FORM I-Gfor the Revised Criteria for Short Listing attached in this Supplemental Bulletin.

On the Revised Statement of Completed Contracts:

From To

FORM I-D Statement of Completed Contracts Please see REVISED FORM I-D for the Revised Statement of Completed Contractsattached in this Supplemental Bulletin.

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3. Bidders are reminded to usethe following andsubmit together with all other required documents for the Submission and Opening of Eligibility Documents: a) Annex “A”for the Revised Checklist of Requirements for Part 1: Documents Comprising the Eligibility

Documentsattached in this Supplemental Bulletin No. 1; b) REVISED FORM I-D (Statement of Completed Contracts) attached in this Supplemental Bulletin No. 1; c) REVISED FORM I-G for the Revised Criteria for Short Listing attached in this Supplemental Bulletin

No. 1; and d) REVISED FORM II-E (Terms of Reference) attached in this Supplemental Bulletin No. 1.

4. Bidders shall follow the TABs as indicated in the Revised Checklist of Requirements. 5. Please be advised that bids submitted after the deadline shall only be marked for recording purposes, shall

not be included in the opening of bids, and shall be returned to the bidder unopened. For the guidance and information of all concerned.

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BIDS AND AWARDS COMMITTEE

Mgr. RUGGERO CARLO J. PANGO

Member Mgr. MARIO A. INFANTE

Member

SM ARLYN L. NAVARRA

Member

AVP RODEL B. BUSTILO

Vice Chairperson

AVP GEMMA P. OCNILA Chairperson