'1"""7f'l-"-~-Octc ERPETUO M. LOTILLA Unde ecretary for Legal Affairs Chairman, Pre-Qualification Bids and Awards Committe~

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1 Republic of the Philippines DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS PRE-QUALIFICATION BIDS AND AWARDS COMMITIEE GENERAL BID BULLETIN No MACTAN-CEBU INTERNATIONAL AIRPORT NEW PASSENGER TERMINAL PROJECT ("PROJECT") TO ALL BIDDERS: Please find attached the following documents: 1. Guidelines on Access to and Use of the Physical Data Room for the Project (Annex "A"); and 2. Guidelines for Site Inspection of the Mactan-Cebu International Airport (Annex "B"). For more information, please contact General M anager Nigel Paul Villarete at (032) or Acting Assistant General Manager Romeo D. Bersonda at (032) , local1501. Issued this 06th day of June '1"""7f'l-"-~-Octc ERPETUO M. LOTILLA Unde ecretary for Legal Affairs Chairman, Pre-Qualification Bids and Awards Committe~ THE COLUMBIA TOWER BRGY. WACK WACK. ORT!GAS AVENUE 1555 MANDALUYONG CITY, PH!UPPINES TELEFAX: (632) TRUNKUNE: '0 79 OOTC ACTION CBNTEJl.!jpTLINE: 7890 VPhlt- I? Pf?l

2 ANNEXA GUIDELINES ON ACCESS TO AND USE OF THE PHYSICAL DATA ROOM I. The Data Room The Physical Data Room ("Data Room") is located at R007-01E, Observation Deck, Level 3, MCIA Passenger Terminal Building, Airport Road, Lapu-Lapu City and is open to the Bidders from Monday to Friday, 9:00 AM to 5:00 PM from 29 May 2013 until the tenth day immediately preceeding the Bid Proposals Submission Date (the "Close ofthe Data Room"). Access to and use of the Data Room must be authorized by the General Manager of MCIAA. II. Objective The objective of providing the Data Room is to help the Bidders in the conduct of their due diligence review of the Project. Ill. Formal Request 1. The Data Room is open only to the Bidders who have submitted a Confidentiality Undertaking, in accordance with the Section 7.4 of the Instructions to Bidders ("ITB"). The Bidders are required, in the first instance and at least five (5) business days before the requested access date, to submit a formal written request to access and use the physical Data Room, and shall specify: (1) the initial date and time for access and (2) names of authorized representatives. The formal request must be duly received by the MCIAA, through the General Manager. A copy of the request shall be furnished by to the PBAC through the contact details specified in Section 1.7 of the ITB. 2. The G~neral Manager, or his authorized representative, shall have the discretion to approve the request for access and may impose such terms and conditions on access and use as he may deem reasonable. a. The office of the General Manager shall maintain a list of persons who have been authorized to access the Data Room. Only those persons whose names appear on the said list may access the Data Room. b. Bidders may request for additional authorized representatives to be granted access to the physical Data Room following the above procedure. 3. Subject to the scheduling of access, following the issuance of such approval, the Bidder's authorized representatives may access the Data Room at any time it is open from the date access is authorized until the Close of the Data Room, but priority will be given to Bidders who are requesting access for the first time. a. Bidders who have been granted authority to access the Data Room shall coordinate with the Data Room Manager for any concerns regarding the Data Room, including scheduling of access thereto%

3 ANNEXA 4. To ensure equal opportunity to all Bidders, each Bidder shall only be allowed a maximum of three (3) authorized representatives for each access. IV. Examination of the Documents 1. The General Manager may designate an MCIAA personnel as manager of the Data Room (the " Data Room Manager" ). The Data Room Manager may prescribe such rules and regulations for access to and use of the Data Room. All Bidders and their authorized representatives shall comply with such rules and regulations t hat the Data Room Manager may impose. 2. All documents in the Data Room ("Due Diligence Documents") may only be examined by the Bidders inside the Data Room. Bringing of any Due Diligence Document outside of the Data Room for any reason may result in the disqualification of the Bidder. 3. Reproduction of any Due Diligence Docu ment is allowed at Bidder's cost, unless such document is marked confidential. In case of doubt, the Due Diligence Document shall be deemed confidential and may not be reproduced. 4. Bidders may use the facility of MCIAA for such reproduction, subject to payment of applicable reproduction fees. In the alternative, Bidders may bring their own reproduction devices such as scanners, printers, or photocopiers. 5. Bidders may send written questions or clarifications relating to the Due Diligence Documents following the procedure under Section 1.7 of the ITB. V. Confidentiality The Bidders and their authorized representatives shall continue to be strictly bound by the Confidentiality Undertaking, as referred to in the ITB and submitted to the PBAC. The Bidders shall ensure, and by requesting for access to be granted to their authorized representatives, it thereby undertakes, that such authorized representatives shall be similarly bound by the confident iality restrictions contained in the Confidentiality Undertaking. VI. No Warranty The Bidder undertakes full responsibility for relying on the information provided in the Data Room and contained in the Due Diligence Documents. The DOTC, MCIAA, its advisors, or any other associated party do not provide any warra nty, undertaking or assurance of the correctness, completeness, accuracy or reliability of the information contained in the Due Diligence Documents and any information relayed during the meetings and consultations with MCIAA personnel. Further, the DOTC, MCIAA, its advisors, or any other associated party do not warrant that the information contained in the Due Diligence Documents represent all of the information in their possession or power (either during the conduct of the Bidding or at the time of signing of the Concession Agreement) relevant or material to or in connection with the Project or the n

4 ANNEXA ob ligations of any Bidder or the Winning Bidder (or the special purpose corporation that it shall form) under the Concession Agreement. The DOTC, MCIAA, its advisors, or any other associated party are not bound by any of the contents of the Due Diligence Documents. The DOTC, MCIAA, its advisors, or any other associated party shall not be liable to any Bidder or the Winning Bidder (or the Project SPC) for any damages caused by such party's reliance on the Due Diligence Documents regard less of any erroneous, absent, incomplete, inaccurate or unreliable information or documentation provided by the DOTC and the MCIAA, even if attended by gross negligence, nor shall such be a ground for the refusal to enter into or rescission of the Concession Agreement by the Winning Bidder and/or the special purpose corporation to be formed by the Winning Bidder. Without prejudice to the above, the DOTC, the MCIAA, or any other associated party sha ll not be liable to any Bidder or the Winning Bidder (or the Project SPC) in respect of any failure, whether before, on or after the signing of the Concession Agreement, to (i) disclose or make available any information, documents or data; (ii) review or update the Invitation Documents, Bidding Documents or Due Diligence Documents; (iii) provide any information regarding any inaccuracy, error, omission, defects or inadequacy in any of t he Invitation Documents, Bidding Documents or Due Diligence Documents. VII. Expenses All expenses related to the access to and use of the Data Room, including the examination of the Due Diligence Documents, shall be for the sole account ofthe Bidd ers~

5 - / ANNEX B GUIDELINES FOR SITE INSPECTION OF THE MACTAN-CEBU INTERNATIONAL AIRPORT I. Object ive 1. The objective of the site inspection is to enable the Pre-qualified Bidders to familiarize themselves with the site conditions of the Mactan-Cebu International Airport ("MCIA") in relation to the Mactan-Cebu International Airport Project (the "Project"). This will allow t he Pre-qualified bidders to have a better appreciation of the requirements under Instruction s to Bidders ("ITB"), specifically with respect to the Technical Proposal Requirements. The site inspection will also provide an opportunity to the Pre-qualified Bidders to undertake due diligence of various information with respect to the existing facilities at MCIA. II. Request for Aut hority to Conduct t he Site Inspection 1. Pre-qualified Bidders are required t o submit a formal written request (in the format provided in Annex to this Guidelines) to conduct the site inspection with the Mactan-Cebu International Airport Authority ("MCIAA") through the Office of the General Manager at least five (5) working days in advance of the intended site visit date. 2. A copy of t he request must also be given to the Pre-Qualification, Bids, and Awards Committee ("PBAC"). 3. The formal request shall specify: a. The date and time requested; and b. The names and contact det ails of authorized representatives constituting the Visit Team, which shall not exceed seven {7). 4. On ly formal written requests, duly received by the MCIAA, Office of the General Manager with a copy served to the PBAC, shal l be given due course. 5. Site inspections sha ll only be allowed on Thursdays and Fridays from 8 am to 5 pm. 6. Request to conduct site inspections from on ly pre-qualified Bidders and their authorized representatives shall be entertained. 7. Pre-quali fied Bidders may conduct more than one {1) site inspection but priority, in case of conflict of schedule, will be given to the Pre-qualified Bidders who are requesting for an site inspection for the first time. A maximum of three {3) site inspections shall be permitted per each pre-qualified Bidder such that the last site inspection must happen at least ten {10) days prior to the Bid Proposal Submission Date. 8. Pre-qualified Bidders shall be forma lly notified of the decision of the MCIAA on their request through their authorized representative. The MCIAA decision granting the request shall state the date and time of t he site inspection. The approval may be altered or withdrawn at any time prior to the site visit at the discretion of the PBAC if the circumstances so demand. M CIAA/ DOTC/ PBAC sha ll not be responsible for rf

6 ANNEX B reimbursement of any costs/ expenses incurred by the visit team of the Prequalified Bidder for such alternations/ withdrawals. Ill. Rules and Regulat ions During the Site Inspection 1. Only site inspections authorized by MCIAA, through the Office of the General Manager, shall be allowed. 2. To ensure that the conduct of the site inspection does not interfere with the normal operations of t he MCIA, Pre-qualified Bidders are required to follow the procedure for site inspection that may be prescribed by MCIAA. 3. Pre-qualified Bidders sha ll not be allowed to undertake any destructive testing including so il testing during the site inspection. 4. Conduct of the site inspection is subject to the relevant restrictions, ru les, and regulations of t he Bureau of Immigration and Deportat ion, Bureau of Customs, Bureau of Quarantine, the Civil Aviation Authority of t he Philippines, and other government agencies with lawful operations in the MCIA. 5. The Visit Team of the Pre-qualified Bidders must observe the safety regulations of the MCIAA at all times during the conduct of the site inspection. They are encouraged to wear non-slip safety shoes and avoid loose casual clothing. The use of hard hats is not necessary but can be provided if requested. 6. The Visit Team of the Pre-qualified Bidders shall be accompanied by the official representative(s) of the MCIAA, who shall have been authorized to facilit ate and oversee the conduct of the site inspection. 7. Inspection of documents can be undertaken only through the physical or virtual data room. Any request for additiona l data doring the site inspection will not be entertained. The Pre-qualified Bidders would have to submit a request for additional documents through the PBAC and such documents, if found suitable, shall be made ava ilable in the Data Room to be set up for the purpose. 8. MCIAA sha ll not issue any official minutes of the site inspection. The PBAC and MCIAA do not warrant the accuracy and correctness of any statements made by the MCIAA representative(s) during the site inspection. 9. Should t he Pre-qualified Bidder have any query of reasonable relevance arising from the site inspection, the Pre-qualified Bidders must send a formal written query to the PBAC, following the guidelines set forth in the ITB. 10. Authorized representatives of the Pre-qualified Bidders may take photographs during the site inspection, with prior permission from the MCIAA representative(s). Nevertheless, MCIAA reserves the right to refuse such activities at its own discretion. Recording of videos is strictly prohibited. 11. Smoking is not allowed during the site inspection, except at designated smoking areas. 12. Pre-qualified Bidders shal l take full responsibility for their representatives. Authorized re presentatives of the Pre-qualified Bidder sha ll be subject to security 1f

7 ANNEX B measures the MCIAA deems fit. If any representative of the Pre-qualified Bidder displays any untoward behavior or refuses to follow the guidelines or the reaso nable instructions of the MCIAA representative(s), MCIAA reserves the right to cause the removal of such representative from the premises and the Pre-qualified Bidder that such person represents will forfeit the privilege of conducting other site inspections. 13. It may please be noted that the data/information (oral or written) that the Prequalified Bidders may come across during the site inspection shall be treated as confidential and it shall not be disclosed or parted with any third party. 14. Each Pre-qualified Bidder shall bear the expenses to be incurred for its team during the site inspection. 15. Each Pre-qualified Bidder will be required to nominate one member of the team as the Team Leader for each visit. 16. The Team Leader should be responsible for the conduct of the Visit Team members, for liaising with the MCIAA or its staff and for resolving any issues, which may arise during the course of the site inspection. 17. MCIAA shall not be liable, in any manner whatsoever, for any loss, expense, injury or damage suffered or likely to be borne by the Pre-qualified Bidder or its Visit Team or its member as a consequence of their entry, access or presence at the premises of MCIAA or the Site. 18. Each Pre-q ualified Bidder, on the completion of the site inspection, will confirm in writing that it had full access to the site. 19. A Visit Team, who fails to comply with these guidelines or co-operate with any reasonable request made by the designated officer of the MCIAA, may be denied further access to MCIA including the access to the Data Room or Meetings/Pre-bid Conlerences wah the PBAP(