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Details: Description Bids And Awards Committee Iloilo Provincial Government Procurement Of Agricultural Products Bid No. Agr-24-1412-b Philippine Bidding Documents Sixth Edition July 2020 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 5 1. Scope Of Bid 5 2. Funding Information 5 3. Bidding Requirements 5 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 5 5. Eligible Bidders 5 6. Origin Of Goods 6 7. Subcontracts 7 8. Pre-bid Conference 7 9. Clarification And Amendment Of Bidding Documents 7 10. Documents Comprising The Bid: Eligibility And Technical Components 7 11. Documents Comprising The Bid: Financial Component 7 12. Bid Prices 8 13. Bid And Payment Currencies 8 14. Bid Security 8 15. Sealing And Marking Of Bids 9 16. Deadline For Submission Of Bids 9 17. Opening And Preliminary Examination Of Bids 9 18. Domestic Preference 9 19. Detailed Evaluation And Comparison Of Bids 9 20. Post-qualification 10 21. Signing Of The Contract 10 Section Iii. Bid Data Sheet 11 Section Iv. General Conditions Of Contract 12 1. Scope Of Contract 12 2. Advance Payment And Terms Of Payment 12 3. Performance Security 12 4. Inspection And Tests 12 5. Warranty 13 6. Liability Of The Supplier 13 Section V. Special Conditions Of Contract 14 Section Vi. Schedule Of Requirements 16 Section Vii. Technical Specifications 18 Section Viii. Checklist Of Technical And Financial Documents 20 Section I. Invitation To Bid Purchase Of Agricultural Products Bid No. Agr-24-1412-b 1. The Iloilo Provincial Government Through The General Fund 2024 Intends To Apply The Sum Of One Hundred Forty-six Thousand Three Hundred Thirty-five Pesos (php 146,335.00) Being The Abc To Payments Under The Contract For The Purchase Of Agricultural Products. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 14 Days Upon Receipt Of The Notice To Proceed (ntp). Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat Of The Iloilo Provincial Government And Inspect The Bidding Documents At The Address Given Below During 8:00 A.m. To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 15, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Hundred Pesos (php 500.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On N/a At 9:00 A.m. At The N/a And/or Through Video Conferencing Or Webcasting, Upon Request At Least Three (3) Days Before The Pre-bid Conference, Via Zoom Or Other Videoconferencing Portals, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The 5th Floor, Bac Secretariat Office, Iloilo Provincial Capitol, Iloilo City On Or Before November 25, 2024 At 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On November 25, 2024 At 9:01 A.m.at The 5th Floor, Bac Secretariat Office, Iloilo Provincial Capitol, Iloilo City Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. A. The Participating Bidder/supplier Or Its Authorized Representative Must Indicate In Any Of The Eligibility Documents, An Email Address Or A Working Fax Number. The Absence Of Which Shall Be A Ground For Disqualification. Notice To The Bidder/supplier Through The Use Of Either Of These Means (email/fax) Is Considered Sufficient Notice. The Date Of Filing Of Reconsideration And All Communications With The Bac Shall Be Its (bac) Date Of Receipt. B. The Bidder(s)/awardee(s) Or Its Authorized Representative Must Conform To The Notice Of Award Within Three (3) Calendar Days From Receipt Of Such Notice And The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award In Accordance With Section 37.2.1 Of The Revised Irr Of R.a. No. 9184. C. The Bidder/supplier Must Have No Pending Unaccepted Notice To Proceed Three (3) Days From The Date Of Acceptance And Signing Of The Purchase Order. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. D. The Bidder/supplier Must Have No Notice Of Award Pending Its Conformity Three (3) Days From The Date Of Its Receipt Of The Notice Of Award. Otherwise, It Shall Be Aground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. E. The Bidder/supplier Shall Submit A List Of All Its Ongoing And Completed Projects With The Iloilo Provincial Government Indicating The Delivery Periods And Accomplishments Of Such Projects. F. The Bidder/supplier At The Time Of The Bidding Must Have No Pending Unposted Performance Or Warranty Security, As The Case May Be, Beyond The Period Allowed In The Notice Of Award. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. 11. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Bac Secretariat Head 5th Floor, Bids And Awards Committee Iloilo Provincial Capitol Email Address: Ipg_bacs@yahoo.com Website: Iloilo.gov.ph Telephone Number: (033) 336-0736 13. You May Visit The Following Websites For Downloading Of Bidding Documents: Ipg.gov.ph And/or Philgeps.com November 7, 2024 Atty. Dennis T. Ventilacion Chairman, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Wishes To Receive Bids For The Purchase Of Agricultural Products With Bid No. Agr-24-1412-b. The Procurement Project (referred To Herein As “project”) Is Composed Of Forty-two (42) Item(s), The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of One Hundred Forty-six Thousand Three Hundred Thirty-five Pesos (php 146,335.00) 2.2. The Source Of Funding Is: Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C. For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time At Its Physical Address As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Complete Bid - One Project Having Several Items That Shall Be Awarded As One Contract In Case Of Complete Bid. Line Bidding/partial Bidding - One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Refers To The Contracts To Be Bid Or The Object Of The Contract; B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp Art Center, Nanga, Pototan, Lloilo And Caingin, Lapaz, Lloilo City Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc, If Bid Security Is In Surety Bond. 15 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.3 No Further Instructions. 20.2 For The Procurement Of Drugs And Medicines And Medical Equipment/supplies, The Bidder Shall Submit The Following: A. Certificate Of Product Registration From Food And Drug Administration (fda) For Easy Validation During The Post-qualification; B. Certificate If Good Manufacturing Practice From Fda, For Easy Validation During The Post-qualification; C. Batch Release Certificate From Fda, For Easy Validation During The Post-qualification; D. If The Supplier Is Not The Manufacturer, Certification From The Manufacturer That The Supplier Is An Authorized Distributor/ Dealer Of The Products / Items For Easy Validation During The Post-qualification; E. For The Procurement Of Regulated Drugs, The Applicable Type Of S-license: S-1, S-3 (retailer) S-4 (wholesaler) S-5c (manufacturer) S-5d (bulk Depot/storage) S-5e S-5i (importer); F. License To Operate (lto) Issued By Fda, If Applicable; G. After-sales Services/parts, If Applicable; H. Manpower Requirements, If Applicable. 21.2 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered To The Art Center, Nanga, Pototan, Lloilo And Caingin, Lapaz, Lloilo City. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Authorized Employee/official Of The Iloilo Provincial Government. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. 2.2 Partial Payment Is Not Allowed. 4 The Inspections And Tests That Will Be Conducted Are Through Physical Inspection. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Wheel Barrow (wide Type, Gauge 20) (60 Liter Minimum Capacity, 30" X 30" Solid Wheel/tire (shallow Type)) 2 2 2 Grafting Knife (wooden Handle, Straight Blade) 1 1 3 Bagging Plastic Bag (3" X 3" X 10",0.002mm Thickness, 100pc/pack) 200 200 4 Bagging Plastic Bag (5" X 5" X 10",0.002mm Thickness, 100pc/pack) 24 24 5 Pointed Hand Shovel With Steel Handle 5 5 6 Laminated Sack (8ft X 100m/roll) 3 3 7 Trapal (8ft X 100m/roll) 3 3 8 Multi-purpose Crates (528mm 365mm X 324mm) 26 26 9 Aluminum Ladder Specifications: Height : 8ft Max. Reach: 12ft Highest Standing Level: 5ft And 9 Inch Max. Load Capacity : 13 Kg 1 1 10 Bamboo Pole "layon" (big Size, 12" Length Minimum) 60 60 11 Bamboo Post "pusog" (big Size) 60 60 12 Nails (4") 5 5 13 Nails (3") 5 5 14 Nails (2") 5 5 15 Nails (1 1/4") 5 5 16 Tie Wire # 16 5 5 17 Plastic Pail (16 Liters Minimum Capacity) 3 3 18 Plastic Pot (5' X 4") 50 50 19 Plastic Pot (7.5" X 5.5") 50 50 20 Bagging Plastic Bag (black, 6" X 8") 100 100 21 Empty Sack (50kg Minimum Capacity) 150 150 22 Plastic Straw (1000m/roll) 3 3 23 Palay Net (8ft X 100m/roll) 1 1 24 Lawn Scissor (22" Minimum Length) 2 2 25 Garden Net (9ft X 100m/roll) 1 1 26 Nylon Cord For Grass Cutter (3mm Thickness) 3 3 27 Toilet Brush Cleaner With Wooden Handle 2 2 28 Toilet Bowl Rubber Pump 3 3 29 Scissor (8") 2 2 30 Broom Stick "walis Ting-ting" 5 5 31 Soft Broom "pay-pay' 3 3 32 Plastic Dust Pan 3 3 33 Dipper 4 4 34 Seedling Tray (104 Holes) 25 25 35 Plastic Bottle (320ml) 100 100 36 Garden Hose (3/4" X 65meters/roll) 1 1 37 Adjustable Ceiling Broom 3 3 38 Water Jug (plastic, 20 Liters Minimum Capacity) 3 3 39 Mop With Wooden Handle 2 2 40 Kitchen Knife (heavy Duty, Big) 2 2 41 Garden Nozzle (3/4" Diameter, 8 Pattern Nozzle) 5 5 42 Plastic Pitcher (1 Gallon Minimum Capacity) 3 3 ___________________________________ Signature Over Printed Name Section Vii. Technical Specifications Bid No.: Agr-24-1412-b Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1. Wheel Barrow (wide Type, Gauge 20) (60 Liter Minimum Capacity, 30" X 30" Solid Wheel/tire (shallow Type)) 2. Grafting Knife (wooden Handle, Straight Blade) 3. Bagging Plastic Bag (3" X 3" X 10",0.002mm Thickness, 100pc/pack) 4. Bagging Plastic Bag (5" X 5" X 10",0.002mm Thickness, 100pc/pack) 5. Pointed Hand Shovel With Steel Handle 6. Laminated Sack (8ft X 100m/roll) 7. Trapal (8ft X 100m/roll) 8. Multi-purpose Crates (528mm 365mm X 324mm) 9. Aluminum Ladder Specifications: Height : 8ft Max. Reach: 12ft Highest Standing Level: 5ft And 9 Inch Max. Load Capacity : 13 Kg 10. Bamboo Pole "layon" (big Size, 12" Length Minimum) 11. Bamboo Post "pusog" (big Size) 12. Nails (4") 13. Nails (3") 14. Nails (2") 15. Nails (1 1/4") 16. Tie Wire # 16 17. Plastic Pail (16 Liters Minimum Capacity) 18. Plastic Pot (5' X 4") 19. Plastic Pot (7.5" X 5.5") 20. Bagging Plastic Bag (black, 6" X 8") 21. Empty Sack (50kg Minimum Capacity) 22. Plastic Straw (1000m/roll) 23. Palay Net (8ft X 100m/roll) 24. Lawn Scissor (22" Minimum Length) 25. Garden Net (9ft X 100m/roll) 26. Nylon Cord For Grass Cutter (3mm Thickness) 27. Toilet Brush Cleaner With Wooden Handle 28. Toilet Bowl Rubber Pump 29. Scissor (8") 30. Broom Stick "walis Ting-ting" 31. Soft Broom "pay-pay' 32. Plastic Dust Pan 33. Dipper 34. Seedling Tray (104 Holes) 35. Plastic Bottle (320ml) 36. Garden Hose (3/4" X 65meters/roll) 37. Adjustable Ceiling Broom 38. Water Jug (plastic, 20 Liters Minimum Capacity) 39. Mop With Wooden Handle 40. Kitchen Knife (heavy Duty, Big) 41. Garden Nozzle (3/4" Diameter, 8 Pattern Nozzle) 42. Plastic Pitcher (1 Gallon Minimum Capacity) Terms And Conditions 1. All Items Must Be Delivered Within 14 Days Upon Receipt Of Notice To Proceed (ntp) 2. There Will Be 2 Delivery Sites: Item # 1-5 Will Be Delivered At Provincial Nursery, Caingin Lapaz, Lloilo City; Item #7-42 Will Be Delivered At Art Center, Nanga, Pototan, Iloilo 2.1. Ltem # 6: 2 Rolls Must Be Delivered At Provincial Nursery, Caingin Lapaz, Lloilo City And 1 Roll At Art Center, Nanga, Pototan, Iloilo 3. All Items Must Be Delivered In Good Quality And Condition 4. Winning Bidder Must Coordinate With Provincial Agriculture Office, Crops Division Prior To The Delivery Of Item Listed Above ___________________________________ Signature Over Printed Name Section Viii. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages);or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (k) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (l) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (m) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (o) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (p) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Bid Form Date: _____________________ Bid No.: ___________________ To: Bids And Awards Committee Iloilo Provincial Government Iloilo Provincial Capitol Bonifacio Drive, Iloilo City Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers __________, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To Supply/deliver/perform _________________________________________ [description Of The Goods] In Conformity With The Said Pbds For The Sum Of _______________________________________, (php _______________________) [total Bid Amount In Words And Figures] Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors, And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties, As Applicable, Which Are Itemized Herein Or In The Price Schedules, If Our Bid Is Accepted, We Undertake: A. To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents (pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Period Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of ____________________________________________________ As Evidenced By The Attached [name Of The Bidder] ______________________________________. [state The Written Authority]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signature: Duly Authorized To Sign The Bid For And Behalf Of: Date: Republic Of The Philippines) City Of ____________________) S.s. Bid Securing Declaration Bid No.: ___________________________ To: Bids And Awards Committee Iloilo Provincial Government Iloilo Provincial Capitol Bonifacio Drive, Iloilo City I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid Securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f),of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: A. Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; B. I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And C. I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ______ __ At ___________________________. _________________________________________________ [signature Over Printed Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Subscribed And Sworn To Before Me, _______________________ In The _____________________. Affiant Exhibited To Me His Valid Identification Card With Id No. _________________ Issued By: ___________________. Doc No.:______; Page No. _____; Book No.:_____; Series Of: _____; Republic Of The Philippines) City Of _____________________) S.s. Omnibus Sworn Statement (for Sole Proprietorship) I, _______________________________________of Legal Age, Single/married/widow, Filipino, And Residing At ________________________________________, Philippines, After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. I Am The Sole Proprietor Or Authorized Representative Of ______________________________________ With Office Address At ______________________________________; 2. As The Owner And Sole Proprietor, Or Authorized Representative Of _____________________________________, I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For ___________________________________________ [name Of The Project] Of The Iloilo Provincial Government, As Shown In The Attached Duly Notarized Special Power Of Attorney; 3. __________________________________________ Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. __________________________________________ Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. ___________________________________________ Complies With Existing Labor Laws And Standards; And 8. ___________________________________________ Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The ______________________________________. [name Of The Project] 9. _________________________________________ Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ______ __ At ___________________________. ________________________________________________ [signature Over Printed Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Subscribed And Sworn To Before Me, _______________________ In The _____________________. Affiant Exhibited To Me His Valid Identification Card With Id No. _________________ Issued By: ___________________. Doc No.:______; Page No. _____; Book No.:_____; Series Of: _____; Republic Of The Philippines) City Of ____________________) S.s. Omnibus Sworn Statement (for A Partnership Or Cooperative) I, _______________________________________of Legal Age, Single/married/widow, Filipino, And Residing At ________________________________________, Philippines, After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. I Am The Duly Authorized And Designated Representative Of ______________________________ With Office Address At ___________________________________; 2. I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For __________________________________ Of The Iloilo Provincial Government, As Shown [name Of The Project] In The Attached _________________________________________________; [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;] 3. _____________________________________ Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. _____________________________________ Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. None Of The Officers And Members Of _____________________________________ Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. _____________________________________ Complies With Existing Labor Laws And Standards; And 8. _____________________________________ Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The ______________________________________. [name Of The Project] 9. _____________________________________ Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ______ __ At ___________________________. _________________________________________________ [signature Over Printed Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Subscribed And Sworn To Before Me, _______________________ In The _____________________. Affiant Exhibited To Me His Valid Identification Card With Id No. _________________ Issued By: ___________________. Doc No.:______; Page No. _____; Book No.:_____; Series Of: _____; Republic Of The Philippines) City Of _____________________) S.s. Omnibus Sworn Statement (for A Corporation Or Joint Venture) I, _______________________________________of Legal Age, Single/married/widow, Filipino, And Residing At ________________________________________, Philippines, After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. I Am The Duly Authorized And Designated Representative Of ______________________________ With Office Address At ___________________________________; 2. I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For __________________________________ Of The Iloilo Provincial Government, As Shown [name Of The Project] In The Attached _________________________________________________; [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;] 3. _____________________________________ Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. _____________________________________ Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. None Of The Officers, Directors, And Controlling Stockholders Of _____________________________________is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. _____________________________________ Complies With Existing Labor Laws And Standards; And 8. _____________________________________ Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: E. Carefully Examining All Of The Bidding Documents; F. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; G. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And H. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The ______________________________________. [name Of The Project] 9. _____________________________________ Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ______ __ At ___________________________. ________________________________________________ [signature Over Printed Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Subscribed And Sworn To Before Me, _______________________ In The _____________________. Affiant Exhibited To Me His Valid Identification Card With Id No. _________________ Issued By: ___________________. Doc No.:______; Page No. _____; Book No.:_____; Series Of: _____; Republic Of The Philippines) City Of ____________________) S.s. Performance Securing Declaration Bid No: ____________________ To: Bids And Awards Committee Iloilo Provincial Government Iloilo Provincial Capitol Bonifacio Drive, Iloilo City I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, To Guarantee The Faithful Performance By The Supplier/distributor/manufacturer/contractor/consultant Of Its Obligations Under The Contract, I/we Shall Submit A Performance Securing Declaration Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award Prior To The Signing Of The Contract. 2. I/we Accept That: I/we Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of One (1) Year For The First Offense, Or Two (2) Years For The Second Offense, Upon Receipt Of Your Blacklisting Order If I/we Have Violated My/our Obligations Under The Contract; 3. I/we Understand That This Performance Securing Declaration Shall Cease To Be Valid Upon: A. Issuance By The Procuring Entity Of The Certificate Of Final Acceptance, Subject To The Following Conditions: I. Procuring Entity Has No Claims Filed Against The Contract Awardee; Ii. It Has No Claims For Labor And Materials Filed Against The Contractor; And Iii. Other Terms Of The Contract; Or B. Replacement By The Winning Bidder Of The Submitted Psd With A Performance Security In Any Of The Prescribed Forms Under Section 39.2 Of The 2016 Revised Irr Of Ra No. 9184 As Required By The End-user. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ______ __ At ___________________________. _________________________________________________ [signature Over Printed Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Subscribed And Sworn To Before Me, _______________________ In The _____________________. Affiant Exhibited To Me His Valid Identification Card With Id No. _________________ Issued By: ___________________. Doc No.:______; Page No. _____; Book No.:_____; Series Of: _____; Email Address: ______________________________________ Statement Of Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid Bidder’s Name: Email Address: Bidder’s Address: Fax Number: Tel. Number: Name Of Project Amount Of Contract Date Of Contract Effectivity Owner’s Name And Address Delivery Period Date Of Delivery Date Of Acceptance Signature Over Printed Name Attachments: 1. Purchase Order (po) 2. Acceptance And Inspection Report (air) Statement Of All On-going Government And Private Contracts (including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid) Bidder’s Name: Email Address: Bidder’s Address: Fax Number: Tel. Number: Name Of Project/s Amount Of Contract Date Of Contract Effectivity Owner’s Names And Address Delivery Period (indicate All Delivery Periods If Staggered Delivery Allowed) End Of Delivery Period Value Of Outstanding Contracts (indicate If Partial Delivery Allowed) No. Of Days From End Of Delivery Period Days Of Approved Extension/ Suspension, If Any Total Value Of Outstanding Contracts (php) Signature Over Printed Name Fill Up All The Columns Accordingly Disclaimer: Non-disclosure Of All On-going Contracts And Details Thereof Is Grounds For Ineligibility And Disqualification.

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Hardware/materials For The Improvement Of Various Barangay Water System 1. The Local Government Unit Of Irosin, Through The 20% Edf Intends To Apply The Sum Of One Million Two Hundred Twenty Seven Thousand One Hundred Seventy Three Pesos (p 1,227,173.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Hardware/materials For The Improvement Of Various Barangay Water System, Good-40-2024. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Hardware/materials For The Improvement Of Various Barangay Water System Brief Description: 168bags Portland Cement/ 155.5 Cu.m. Sand/ 19.5cu.m. Peasize/ 1cu.m. Gravel/ 2cu.m. Boulderette/ 5sacks Charcoal (wood)/ 1pc Mosquito Net/ 151packs Sahara/ 174pcs 12mm Rsb/ 21pcs 10mm Rsb/ 4pcs 8mm Rsb/ 16pcs 1-1/2” G.i. Pipe, S-40/ 18pcs 10mm Plain Bar/6rolls 2” Cyclone Wire, 5ft./ 5kgs Welding Rod/ 23kgs #16 Tie Wire/4pcs Cut-off Blade, 14” Diam/ 7pcs 4” Cutting Disc/4pcs Sandflex Blade/ 1gal Epoxy Primer/ 1pc 4” Roller Paint W/ Pan/2pcs 2” Paint Brush/60l.m. 3” Diam. P.e. Pipe, Sdr 11/ 120l.m. 2-1/2” P.e. Pipe Sdr 11/ 900l.m. 2” Diam P.e. Pipe, Sdr 11/ 1410l.m. 1-1/2” Diam. P.e. Pipe, Sdr 11/ 1500l.m. 1” Diam. P.e. Pipe, Sdr 11/ 600l.m. Diam. P.e. Pipe, Sdr 11/600l.m. ½” Diam. P.e. Pipe, Sdr 11/ 1pc 4” X 2-1/2” Wye Reducer/ 1pc 1” Diam. Wye/ 1pc 2-1/2” Diam. P.e. Elbow, 90deg./ 2pcs 2-1/2” Diam. P.e. Elbow, 45deg./ 3pcs 2-1/2” X 2” Coupling Reducer/ 3pcs 2” X 1-1/2” Coupling Reducer/ 1pc 1-1/2” X 1” Coupling Reducer/ 1pc 2-1/2” Diam. Coupling/ 5pcs 2” Diam. Coupling/ 5pcs 1-1/2” Diam. Coupling/ 1pc 2-1/2” X 1-1/2” Wye Reducer/ 2pcs 2-1/2” X 2” Wye Reducer/ 1pc 1” Diam. End Cap/ 8pcs 6” X ½” Diam. G.i. Nipple, S-40/8pcs ½” Diam. G.i. Coupling, S-40/ 16pcs ½” Diam. G.i. Elbow, S-40/ 16pcs Teplon Tape/ 9pcs ½” Diam. Plastic Faucet/ 2pcs 3” Diam. Gate Valve/ 1pc 2-1/2” Gate Valve/ 5pcs 2” Diam. Gate Valve/ 3pcs 1-1/2” Diam. Gate Valve/ 1pc ¾” Marine Plywood/ 5pcs ½” Marine Plywood;/ 1pc ½” Phenolic Plywood/ 42pcs ½” Ord. Plywood/ 470bd.ft. 2” X 3” X 12’ Coco-lumber/ 1383bd.ft. 2” X 3” X 10’ Coco-lumber/ 32kgs Assorted Cw Nail Approved Budget For The Contract : P 1,227,173.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : 29% Edf 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Priveleges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 7, 2024, November 27, 2024 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Thousand Pesos (p 5,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Hold A Pre-bid Conference On November 14, 2024, 2:00pm At The Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before November 27, 2024, 8:59 Am At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On November 27, 2024, 9:00 Am At The Given Address Below Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 10. The Local Government Unit Of Irosin Reserves The Right To Accept Any And All Bids, Declare A Failure Of Bidding Or Not Award A Contract At Any Time Prior To Contract Award In Accordance With Section 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations(irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11.for Further Information, Please Refer To: Benjamin M. Gabionza, Ce Municipal Engineer Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Issue: November 7, 2024 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & Delivery Of Hardware/materials For The Improvement Of Various Barangay Water System, With Project Identification Number Good-40-2024. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Nutribun, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 20% Edf In The Amount Of One Million Two Hundred Twenty Seven Thousand One Hundred Seventy Three Pesos ( P 1,227,173.00). 2.2. The Source Of Funding Is: 20% Edf 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Expandable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Not Hold A Pre-bid Conference For This Project. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A.supply & Delivery Of Hardware/materials For The Improvement Of Various Barangay Water System Brief Description: 168bags Portland Cement/ 155.5 Cu.m. Sand/ 19.5cu.m. Peasize/ 1cu.m. Gravel/ 2cu.m. Boulderette/ 5sacks Charcoal (wood)/ 1pc Mosquito Net/ 151packs Sahara/ 174pcs 12mm Rsb/ 21pcs 10mm Rsb/ 4pcs 8mm Rsb/ 16pcs 1-1/2” G.i. Pipe, S-40/ 18pcs 10mm Plain Bar/6rolls 2” Cyclone Wire, 5ft./ 5kgs Welding Rod/ 23kgs #16 Tie Wire/4pcs Cut-off Blade, 14” Diam/ 7pcs 4” Cutting Disc/4pcs Sandflex Blade/ 1gal Epoxy Primer/ 1pc 4” Roller Paint W/ Pan/2pcs 2” Paint Brush/60l.m. 3” Diam. P.e. Pipe, Sdr 11/ 120l.m. 2-1/2” P.e. Pipe Sdr 11/ 900l.m. 2” Diam P.e. Pipe, Sdr 11/ 1410l.m. 1-1/2” Diam. P.e. Pipe, Sdr 11/ 1500l.m. 1” Diam. P.e. Pipe, Sdr 11/ 600l.m. Diam. P.e. Pipe, Sdr 11/600l.m. ½” Diam. P.e. Pipe, Sdr 11/ 1pc 4” X 2-1/2” Wye Reducer/ 1pc 1” Diam. Wye/ 1pc 2-1/2” Diam. P.e. Elbow, 90deg./ 2pcs 2-1/2” Diam. P.e. Elbow, 45deg./ 3pcs 2-1/2” X 2” Coupling Reducer/ 3pcs 2” X 1-1/2” Coupling Reducer/ 1pc 1-1/2” X 1” Coupling Reducer/ 1pc 2-1/2” Diam. Coupling/ 5pcs 2” Diam. Coupling/ 5pcs 1-1/2” Diam. Coupling/ 1pc 2-1/2” X 1-1/2” Wye Reducer/ 2pcs 2-1/2” X 2” Wye Reducer/ 1pc 1” Diam. End Cap/ 8pcs 6” X ½” Diam. G.i. Nipple, S-40/8pcs ½” Diam. G.i. Coupling, S-40/ 16pcs ½” Diam. G.i. Elbow, S-40/ 16pcs Teplon Tape/ 9pcs ½” Diam. Plastic Faucet/ 2pcs 3” Diam. Gate Valve/ 1pc 2-1/2” Gate Valve/ 5pcs 2” Diam. Gate Valve/ 3pcs 1-1/2” Diam. Gate Valve/ 1pc ¾” Marine Plywood/ 5pcs ½” Marine Plywood;/ 1pc ½” Phenolic Plywood/ 42pcs ½” Ord. Plywood/ 470bd.ft. 2” X 3” X 12’ Coco-lumber/ 1383bd.ft. 2” X 3” X 10’ Coco-lumber/ 32kgs Assorted Cw Nail B. Completed Within The Last Two(2) Years From The Date Of The Submission Of Bids 7.1 Not Applicable Since Sub-contracting Is Not Allowed. 12 The Price Of Goods Shall Be Quoted Ddp Lgu-irosin, Irosin, Sorsogon. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. [two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. [five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 Hardware/materials 168bags Portland Cement/ 155.5 Cu.m. Sand/ 19.5cu.m. Peasize/ 1cu.m. Gravel/ 2cu.m. Boulderette/ 5sacks Charcoal (wood)/ 1pc Mosquito Net/ 151packs Sahara/ 174pcs 12mm Rsb/ 21pcs 10mm Rsb/ 4pcs 8mm Rsb/ 16pcs 1-1/2” G.i. Pipe, S-40/ 18pcs 10mm Plain Bar/6rolls 2” Cyclone Wire, 5ft./ 5kgs Welding Rod/ 23kgs #16 Tie Wire/4pcs Cut-off Blade, 14” Diam/ 7pcs 4” Cutting Disc/4pcs Sandflex Blade/ 1gal Epoxy Primer/ 1pc 4” Roller Paint W/ Pan/2pcs 2” Paint Brush/60l.m. 3” Diam. P.e. Pipe, Sdr 11/ 120l.m. 2-1/2” P.e. Pipe Sdr 11/ 900l.m. 2” Diam P.e. Pipe, Sdr 11/ 1410l.m. 1-1/2” Diam. P.e. Pipe, Sdr 11/ 1500l.m. 1” Diam. P.e. Pipe, Sdr 11/ 600l.m. Diam. P.e. Pipe, Sdr 11/600l.m. ½” Diam. P.e. Pipe, Sdr 11/ 1pc 4” X 2-1/2” Wye Reducer/ 1pc 1” Diam. Wye/ 1pc 2-1/2” Diam. P.e. Elbow, 90deg./ 2pcs 2-1/2” Diam. P.e. Elbow, 45deg./ 3pcs 2-1/2” X 2” Coupling Reducer/ 3pcs 2” X 1-1/2” Coupling Reducer/ 1pc 1-1/2” X 1” Coupling Reducer/ 1pc 2-1/2” Diam. Coupling/ 5pcs 2” Diam. Coupling/ 5pcs 1-1/2” Diam. Coupling/ 1pc 2-1/2” X 1-1/2” Wye Reducer/ 2pcs 2-1/2” X 2” Wye Reducer/ 1pc 1” Diam. End Cap/ 8pcs 6” X ½” Diam. G.i. Nipple, S-40/8pcs ½” Diam. G.i. Coupling, S-40/ 16pcs ½” Diam. G.i. Elbow, S-40/ 16pcs Teplon Tape/ 9pcs ½” Diam. Plastic Faucet/ 2pcs 3” Diam. Gate Valve/ 1pc 2-1/2” Gate Valve/ 5pcs 2” Diam. Gate Valve/ 3pcs 1-1/2” Diam. Gate Valve/ 1pc ¾” Marine Plywood/ 5pcs ½” Marine Plywood;/ 1pc ½” Phenolic Plywood/ 42pcs ½” Ord. Plywood/ 470bd.ft. 2” X 3” X 12’ Coco-lumber/ 1383bd.ft. 2” X 3” X 10’ Coco-lumber/ 32kgs Assorted Cw Nail 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Three(3) Months. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Three(3) Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Applicable Provided That Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Hardware/materials If It Follows The Technical Specification Set By The End-user Units. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Portland Cement 168 Bags 2 Sand 15.5 Cu.m 3 Peasize 19.5 Cu.m. 4 Gravel 1 Cu.m. 5 Boulderette 2 Cu.m. 6 Charcoal (wood) 5 Sacks 7 Mosquito Net 1 Pc 8 Sahara 151 Packs 9 12mm Rsb 174 Pcs 10 10mm Rsb 21 Pcs 11 8mm Rsb 4 Pcs 12 1-1/2” G.i. Pipe, S-40 16 Pcs 13 10mm Plain Bar 18 Pcs 14 2” Cyclone Wire, 5ft. 6 Rolls 15 Welding Rod 5 Kgs 16 #16 Tie Wire 23 Kgs 17 Cut-off Blade, 14” Diam. 4 Pcs 18 4” Cutting Disc 7 Pcs 19 Sandflex Blade 4 Pcs 20 Epoxy Primer 1 Gal 21 4” Roller Paint W/ Pan 1 Pcs 22 2” Paint Brush 2 Pcs 23 3” Diam. P.e. Pipe, Sdr 11 60 L.m. 24 2-1/2” P.e. Pipe Sdr 11 120 L.m. 25 2” Diam. P.e. Pipe, Sdr 11 900 L.m. 26 1-1/2” Diam. P.e. Pipe, Sdr 11 1410 L.m. 27 1” Diam. P.e. Pipe, Sdr 11 1500 L.m. 28 ¾” Diam. P.e. Pipe, Sdr 11 600 L.m. 29 ½” Diam. P.e. Pipe, Sdr 11 600 L.m. 30 4” X 1-1/2” Wye Reducer 1 Pc 31 1” Diam. Wye 1 Pc 32 2-1/2” Diam. P.e. Elbow, 90deg. 1 Pc 33 2-1/2” Diam. P.e. Elbow, 45deg. 2 Pcs 34 2-1/2” X 2” Coupling Reducer 3 Pcs 35 2” X 1-1/2” Coupling Reducer 3 Pcs 36 1-1/2” X 1” Coupling Reducer 1 Pc 37 2-1/2” Diam. Coupling 1 Pc 38 2” Diam. Coupling 5 Pcs 39 1-1/2” Diam. Coupling 5 Pcs 40 2-1/2” X 1-1/2” Wye Reducer 1 Pc 41 2-1/2” X 2” Wye Reducer 2 Pcs 42 1” Diam. End Cap 1 Pc 43 6” X ½” Diam. G.i. Nipple, S-40 8 Pcs 44 ½” Diam. G.i. Coupling, S-40 8 Pcs 45 ½” Diam. G.i. Elbow, S-40 16 Pcs 46 Teplon Tape 16 Pcs 47 ½” Diam. Plastic Faucet 9 Pcs 48 3” Diam. Gate Valve 2 Pcs 49 2-1/2” Gate Valve 1 Pc 50 2” Diam. Gate Valve 5 Pcs 51 1-1/2” Diam. Gate Valve 3 Pcs 52 ¾” Marine Plywood 1 Pc 53 ½” Marine Plywood 5 Pcs 54 ½” Phenolic Plywood 1 Pc 55 ½” Ord. Plywood 42 Pcs 56 2” X 3” X 12’ Coco-lumber 470 Bd.ft 57 2” X 3” X 10’ Coco-lumber 1383 Bd.ft. 58 Assorted Cw Nail 32 Kgs Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 168 Bags Portland Cement 2 15.5 Cu.m. Sand 3 19.5 Cu.m. Peasize 4 1 Cu.m. Gravel 5 2 Cu.m. Boulderette 6 5 Sacks Charcoal (wood) 7 1 Pc Mosquito Net 8 151 Packs Sahara 9 174 Pcs 12mm Rsb 10 21 Pcs 10mm Rsb 11 4 Pcs 8mm Rsb 12 16 Pcs 1-1/2” G.i. Pipe, S-40 13 18 Pcs 10mm Plain Bar 14 6 Rolls 2” Cyclone Wire, 5ft. 15 5 Kgs Welding Rod 16 23 Kgs #16 Tie Wire 17 4 Pcs Cut-off Blade, 14” Diam. 18 7 Pcs 4” Cutting Disc 19 4 Pcs Sandflex Blade 20 1 Gal Epoxy Primer 21 1 Pc 4” Roller Paint W/ Pan 22 2 Pcs 2” Paint Brush 23 60 L.m. 3” Diam. P.e. Pipe, Sdr 11 24 120 L.m. 2-1/2” P.e. Pipe Sdr 11 25 900 L.m. 2” Diam. P.e. Pipe, Sdr 11 26 1410 L.m. 1-1/2” Diam. P.e. Pipe, Sdr 11 27 1500 L.m. 1” Diam. P.e. Pipe, Sdr 11 28 600 L.m. ¾” Diam. P.e. Pipe, Sdr 11 29 600 L.m. ½” Diam. P.e. Pipe, Sdr 11 30 1 Pc 4” X 1-1/2” Wye Reducer 31 1 Pc 1” Diam. Wye 32 1 Pc 2-1/2” Diam. P.e. Elbow, 90deg. 33 2 Pcs 2-1/2” Diam. P.e. Elbow, 45deg. 34 3 Pcs 2-1/2” X 2” Coupling Reducer 35 3 Pcs 2” X 1-1/2” Coupling Reducer 36 1 Pc 1-1/2” X 1” Coupling Reducer 37 1 Pc 2-1/2” Diam. Coupling 38 5 Pcs 2” Diam. Coupling 39 5 Pcs 1-1/2” Diam. Coupling 40 1 Pc 2-1/2” X 1-1/2” Wye Reducer 41 2 Pcs 2-1/2” X 2” Wye Reducer 42 1 Pc 1” Diam. End Cap 43 8 Pcs 6” X ½” Diam. G.i. Nipple, S-40 44 8 Pcs ½” Diam. G.i. Coupling, S-40 45 16 Pcs ½” Diam. G.i. Elbow, S-40 46 16 Pcs Teplon Tape 47 9 Pcs ½” Diam. Plastic Faucet 48 2 Pcs 3” Diam. Gate Valve 49 1 Pc 2-1/2” Gate Valve 50 5 Pcs 2” Diam. Gate Valve 51 3 Pcs 1-1/2” Diam. Gate Valve 52 1 Pc ¾” Marine Plywood 53 5 Pcs ½” Marine Plywood 54 1 Pc ½” Phenolic Plywood 55 42 Pcs ½” Ord. Plywood 56 470 Bd.ft. 2” X 3” X 12’ Coco-lumber 57 1383 Bd.ft. 2” X 3” X 10’ Coco-lumber 58 32 Kgs Assorted Cw Nail Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement Stamped, Received By The Bir Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing The Total Assets And Liabilities Which Should Not Be Earlier Than Two(2) Years From The Date Of Bid Submission Class “b” Documents ⬜ (i) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (k) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (l) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (m) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sugn Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Lorenzo G. Ubalde Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor Technical Specifications Item No. Item Statement Of Compliance (comply/not Comply) Prepared By: ______________ Proprietor

Details: Description Department Of Social Welfare And Development Field Office Xii Purok Bumanaag, Brgy. Zone Iii, Koroandal City, 9506 Philippine Bidding Documents For The Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 1 To Lot 4) Project Identification No. Dswd12-bangun(epa)-2024-11-001 Government Of The Republic Of The Philippines Sixth Edition July 2020 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines For Use By Any Branch, Constitutional Commission Or Office, Agency, Department, Bureau, Office, Or Instrumentality Of The Government Of The Philippines, National Government Agencies, Including Government-owned And/or Controlled Corporations, Government Financing Institutions, State Universities And Colleges, And Local Government Unit. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Government Of The Philippines Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (i) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract Or Framework Agreement, As The Case May Be; (ii) The Eligibility Requirements Of Bidders; (iii) The Expected Contract Or Framework Agreement Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (iv) The Obligations, Duties, And/or Functions Of The Winning Bidder. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Moreover, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents. The Following General Directions Should Be Observed When Using The Documents: A. All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Procurement Project. B. Specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Instructions To Bidders, Bid Data Sheet, And Special Conditions Of Contract. The Final Documents Should Contain Neither Blank Spaces Nor Options. C. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bid Data Sheet, General Conditions Of Contract, Special Conditions Of Contract, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. D. The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Procurement Project, Project Identification Number, And Procuring Entity, In Addition To The Date Of Issue. E. Modifications For Specific Procurement Project Details Should Be Provided In The Special Conditions Of Contract As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bid Data Sheet Or Special Conditions Of Contract, These Terms Shall Be Printed In Bold Typeface On Sections I (instructions To Bidders) And Iii (general Conditions Of Contract), Respectively. F. For Guidelines On The Use Of Bidding Forms And The Procurement Of Foreign-assisted Projects, These Will Be Covered By A Separate Issuance Of The Government Procurement Policy Board. Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations ………………………….4 Section I. Invitation To Bid……………………………………………………..7 Section Ii. Instructions To Bidders…………………………………………...11 1. 13 2. 13 3. 13 4. 13 5. 14 6. 14 7. 14 8. 14 9. 15 10. 15 11. 15 12. 16 13. 16 14. 16 15. 17 16. 17 17. 17 18. 17 19. 17 20. 18 21. 18 Section Iii. Bid Data Sheet …………………………………………………..18 Section Iv. General Conditions Of Contract ……………………...………..23 1. 25 2. 25 3. 25 4. 25 5. 26 6. 26 Section V. Special Conditions Of Contract ………………………………….26 Section Vi. Schedule Of Requirements ……………………………………....30 Section Vii. Technical Specifications …………………………………………39 Section Viii. Checklist Of Technical And Financial Documents …………..58 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Cda - Cooperative Development Authority. Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. Foreign-funded Procurement Or Foreign-assisted Project– Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid (ib) Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Ib Shall Be Posted In Accordance With Section 21.2 Of The 2016 Revised Irr Of Ra No. 9184. Apart From The Essential Items Listed In The Bidding Documents, The Ib Should Also Indicate The Following: A. The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Ib Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; B. The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; C. The Deadline For The Submission And Receipt Of Bids; And D. Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Ib Should Be Incorporated In The Bidding Documents. The Information Contained In The Ib Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bid Data Sheet. Invitation To Bid For The Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Feeding (lot 1 To Lot 4) 1. The Department Of Social Welfare And Development Field Office Xii, Through The Early Procurement Activities (epa) Of National Expenditure Plan (nep) For Fy 2025 Intends To Apply The Sum Of The Amount Being The Abc To Payments Under The Contract For Each Following Lot/item: A. Twenty-nine Million Five Hundred Fifty-two Thousand And Five Hundred Eighty Pesos Only (₱29,552,580.00) For Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot1); And B. One Million Eight Hundred Seventy-one Thousand And Eighty-four Pesos Only (₱1,871,084.00) For Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares,, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot2) C. Two Hundred Nineteen Thousand And Two Hundred Sixteen Pesos Only (₱219,216.00) For Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot3) D. Nine Million Three Hundred Fifty-seven Thousand And One Hundred Twenty Pesos Only (₱9,357,120.00) For Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot4) 2. The Department Of Social Welfare And Development Field Office Xii Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 180 Days Contract Duration And 180 Days Contract Duration And As Per Schedule Set By The End-user Upon The Receipt Of Purchase Order. Bidders Should Have Completed, Within Two (2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. A. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Department Of Social Welfare And Development Field Office Xii – Bids And Awards Committee Secretariat Office And Inspect The Bidding Documents At The Address Given Below During Office Hours (8:00a.m. To 5:00 P.m.). 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 8, 2024 To November 28, 2023, 05:00 P.m. From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of: Approved Budget For The Contract Bid Docs Amount Lot 1 – ₱ 29,552,580.00 Php 25,000.00 Lot 2 – ₱ 1,871,084.00 Php 5000.00 Lot 3 – ₱ 219,216.00 Php 500.00 Lot 4 – ₱9,357,120.00 Php 10,000.00 Total – ₱ 41,000,000.00 Php 25,000.00 (maximum Fee For Sale Of Bidding Documents) The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person, By Facsimile, Or Through Electronic Means. [note: For Lot Procurement, The Maximum Fee For The Bidding Documents For Each Lot Shall Be Based On Its Abc, In Accordance With The Guidelines Issued By The Gppb; Provided That The Total Fees For The Bidding Documents Of All Lots Shall Not Exceed The Maximum Fee Prescribed In The Guidelines For The Sum Of The Abc Of All Lots.] 6. The Department Of Social Welfare And Development Field Office Xii Will Hold A Pre-bid Conference On November 17, 2024, 10:30 A.m. At Dswd Field Office 12, Regional Center, Brgy. Carpenter Hill, Koronadal City, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through (i) Manual Submission At The Office Address Indicated Below On Or Before November 29, 2024, 9:30 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening And Evaluation Shall Be On November 29, 2024, 10:30 P.m. At The Given Address Below. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. Prospective Bidders Are Hereby Reminded, As Follows: A. Bidding Documents For Eligibility And Financial Envelopes Shall Comprise The Following: I. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). *one (1) Mother Envelope For Technical Component Documents, Composed Of Two (2) Sub Envelopes For (original, And Copy 1). Ii. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). *one (1) Mother Envelope For Financial Component Documents, Composed Of Two (2) Sub Envelopes For (original, And Copy 1 ). 11. The Department Of Social Welfare And Development Field Office Xii Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Dswd 12 – Bac Secretariat Head Administrative Division – Procurement Section Dswd Field Office 12, Regional Center, Brgy. Carpenter Hill, Koronadal City, 9506 Procurement.fo12@dswd.gov.ph 13. You May Visit The Following Websites: For Downloading Of Bidding Documents: Https://fo12.dswd.gov.ph/bid-bulletin/ Https://www.philgeps.gov.ph November 08, 2024 Jackiya A. Lao Bac Chairperson Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Department Of Social Welfare And Development Field Office Xii Wishes To Receive Bids For The Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares,, Kitchenwares, And Commercial Rice For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 1 To Lot 4), With Identification Number Dswd12-bangun(epa)-2024-11-001. The Procurement Project (referred To Herein As “project”) Is Composed Of One Lot Or Item, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Fy 2025 In The Amount Of Forty-one Million Pesos Only (₱41,000,000.00) 2.2. The Source Of Funding The General Appropriations Act 2025. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On November 15, 2024, 10:30 A.m. And At Its Physical Address Department Of Social Welfare And Development Field Office 12, Regional Center, Brgy. Carpenter Hill, Koronadal City As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, On/or Before November 20, 2024 Or At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In The Bds. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In The Bds. 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until March 29, 2025. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.2. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet The Bid Data Sheet (bds) Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information, Or Requirements Included In The Itb Found In Section Ii, Which Are Specific To Each Procurement. This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing The Bds, The Following Aspects Should Be Checked: A. Information That Specifies And Complements Provisions Of The Itb Must Be Incorporated. B. Amendments And/or Supplements, If Any, To Provisions Of The Itb As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Supply And Delivery Of Food Items, Kitchenwares, For Lot 1 And 2 B. Supply And Delivery Of Kitchenware For Lot 3 C. Supply And Delivery Of Commercial Rice For Lot 4 D. Completed Within At Least Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed 12 The Price Of The Goods Shall Be Quoted Ddp Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than ₱591,051.60 For Lot 1, And ₱37,421.68 For Lot 2, ₱4,384.32 For Lot 3, ₱187,142.40 For Lot 4 Or The Amount Equivalent To Two Percent (2%) Of Abc If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than ₱1,477,629.00 For Lot 1, And ₱93,554.20 For Lot 2, ₱10,960.80 For Lot 3, ₱467,856.00 For Lot 4 Or The Amount Equivalent To Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 19.1 1. All Forms Must Be Submitted Using The Prescribed Format Provided By The Procuring Entity And Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 2. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder, Otherwise, Bids Shall Be Subject To An Outright Disqualification. 20.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Supplier Of The Notice Of Post Qualification From The Bac That The Supplier Has The Lowest Calculated Bid (lcb) Or Single Calculated Bid (scb), The Supplier Shall Submit And/or Present The Following Requirements For Post Qualification In Accordance To Section 34 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra9184: 1. Present Original Copy Of The Following: A. Latest Income Tax Return And Business Tax Return ( For 3rd Quarter Of 2024) B. Latest Value Added Tax (vat) Return ( For 3rd Quarter Of 2024, If Applicable) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing & Payment System (efps) Shall Be Accepted. C. Valid Philgeps Registration Certificate (platinum Membership) (all Pages) D. Valid Registration Certificate From Securities And Exchange Commission (sec) For Corporations, Or From Department Of Trade And Industry (dti) For Sole Proprietorship, Or From Cooperative Development Authority (cda) For Cooperatives; E. Valid Business/mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Bidder Is Located; F. Valid Tax Clearance Per Eo 398, Series Of 2005, As Finally Reviewed And Approved By The Bir; G. Bureau Of Internal Revenue (bir) Registration Certificate. H. Copy Of Contracts Or Po’s, Notice Of Award (noa) And Notice To Proceed (ntp) For All On-going Contracts I. End-user’s Acceptance, Official Receipt (duplicate Or Triplicate Copy) Or Sales Invoice With Collection Receipt/s (duplicate Or Triplicate Copy) Relative To Single Largest Completed Contract J. Company Profile And Organizational Chart. Company Printed Brochure May Be Included. K. Vicinity Map/location Of The Business. L. Other Appropriate Licenses And Permits Required By Law And Stated In The Bidding Documents. Failure To Submit Any Of The Post-qualification Requirements On Time, Or A Finding Against The Veracity Thereof, Shall Disqualify The Bidder For Award. Provided In The Event That A Finding Against The Veracity Of Any Of The Documents Submitted Is Made, It Shall Cause The Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184. Note: For Post Qualification Purposes Only 20.3 Each Bidder Shall Submit The Following In One (1) “mother” Envelope Duly Sealed And Labeled, Containing Two (2) Sets Of Envelopes: First Envelope Containing Two (2) Sets Of Eligibility And Technical Documents Duly Sealed And Marked As Original Copy, And Copy One. Second Envelope Containing Two (2) Sets Of Financial Bid Documents Duly Sealed And Marked As Original Copy, And Copy One. 20.4 All Envelopes Shall Be Labeled/marked As Follows: To : Jackiya A. Lao Chairperson Bids And Awards Committee Dswd-field Office 12 From :_______________________________ (name Of Bidder In Capital Letters) Address: _______________________________ (address Of Bidder In Capital Letters) Project: Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 1) Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 2) Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 3) Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 4) Bid Ref No.: Itb No. Dswd12-bangun(epa)-2024-11-001 (lot 1) Dswd12-bangun(epa)-2024-11-001 (lot 2) Dswd12-bangun(epa)-2024-11-001 (lot 3) Dswd12-bangun(epa)-2024-11-001 (lot 4) Approved Budget For The Contract : Lot 1 ₱29,552,580.00 Lot 2 ₱1,871,084.00 Lot 3 ₱219,216.00 Lot 4 ₱9,357,120.00 Do Not Open Before: 29 November 2024; 10:30 A.m. 21.2 No Further Instructions Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The General Conditions Of Contract (gcc) In This Section, Read In Conjunction With The Special Conditions Of Contract In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. Matters Governing Performance Of The Supplier, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Included In The Gcc And Special Conditions Of Contract. Any Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Special Conditions Of Contract. 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Vii (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: Delivery Term: 180 Days Contract Duration And As Per Schedule Set By The End-user Upon The Receipt Of Purchase Order Place Of Delivery / Venue: Municipalities Of Maguindanao Del Sur And Maguindanao Del Norte. Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – Not Applicable Packaging – Not Applicable (please Refer To Section Vi And Vii) The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. Transportation – Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 The Terms Of Payment Shall Be As Follows: Payment Term: 1 Month After The Conduct Of Activity Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. 4 The Inspections And Tests That Will Be Conducted By The Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, And End-user Section Vi. Schedule Of Requirements A. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 1) The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Lot 1 Fish, Meat And Egg Products: Delivery Of The Goods Is Required 180 Days Contract Duration And As Per Schedule Set By The End-user Upon The Receipt Of Purchase Order 1 Chicken Egg, Medium 215769 Pieces 215769 Pieces 2 Chicken, Thigh Parts ( 1 Kg Per Pack), Frozen 19794 Packs 19794 Packs 3 Chicken, Breast Parts (1 Kg Per Pack) 19794 Packs 19794 Packs 4 Fish, Barelis Medium Size ( 1 Kg Per Pack), Fresh 9900 Packs 9900 Packs 5 Fish, Tulay Medium Size(1 Kg Per Pack), Fresh 9900 Packs 9900 Packs 6 Dried Fish, Dilis , Small Size (100 G Per Pack) 19800 Packs 19800 Packs Tubers, Leafy And Fruit Vegetables And Other Products: 7 Cabbage (1 Kg Per Pack) 4966 Packs 4966 Packs 8 Carrots, Tuber(1 Kg Per Pack) 7436 Packs 7436 Packs 9 Eggplant, Fruit (1 Kg Per Pack) 6201 Packs 6201 Packs 10 Squash, Fruit (1 Kg Per Pack) 3731 Packs 3731 Packs 11 Munggo, Green (500 G Per Pack) 2496 Packs 2496 Packs 12 Potatoes, Medium Size (1 Kg Per Pack) 2496 Packs 2496 Packs 13 Sayote, Fruit (atleast 500 G/pc) 6201 Pieces 6201 Pieces 14 String Beans (1 Kg Per Pack) 2496 Packs 2496 Packs 15 Upo (1 Kg Per Pack) 9906 Packs 9906 Packs 16 Tomato, Combination Of Ripe And Semi Ripe (100 G Per Pack) 4992 Packs 4992 Packs 17 Garlic (100 G Per Pack) 4992 Packs 4992 Packs 18 Ginger (100 G Per Pack) 4992 Packs 4992 Packs 19 Onion (100 G Per Pack) 4992 Packs 4992 Packs 20 Banana (latundan), Semi -ripe (atleast 1 Kg Per "piling" Or Pack) 42342 Packs 42342 Packs 21 Pineapple, Semi-ripe, Mg3 Variety, Atleast 1 Kilo Per Piece 29640 Pieces 29640 Pieces Delivery Term: As Per Schedule Place Of Delivery/venue: Delivery Sites: Municipal Hall Or Gymnasium Receiving Area Of Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces Note: *the Bidder Should Have Their Main Warehouse Within Region Xii And Shall Be Checked During Post-qualification For Lot 1 ** The Bidder Should Prepare Samples For Lot 1 During Post-qualification Delivery: Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Schedule To The Targeted Municipalities To Avoid Delay. Each Truck Will Accommodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Goods To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Food Items Should Be Halal Certified And Meat Inspection Certified, Or Nmis, Upon Every Delivery For Chicken. The Supplier Should Provide "lapagan" (such As Traps, Ice Boxes, And Crates) Of The Goods At The Dropping Point. Perishable Goods Are To Be Delivered With A Re-frozen Or Cold Storage Van Or Styro Box To Avoid Spoilage. Packaging: Food Items Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Packaging Of The Food Items Shall Be Done In The Supplier's Warehouse. The Supplier Shall Provide Extra Clean And Durable Packaging Of Goods (eco-bags) To Prevent Damages Or Deterioration During Transportation To Their Feeding Sites. Any Damaged Goods Or Supplies Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. The Expiration Dates Of Groceries Shall Be A Minimum Of 6 Months To 1 Year Upon Delivery. Repacked Or Unlabeled Goods Such As Tomato Sauce, Soy Sauce, Vinegar, Sotanghon, And Vegetable Cooking Oil Are Not Accepted To Ensure Food Safety. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ B. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 2) The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Lot 2 Groceries And Other Products: Delivery Of The Goods Is Required 180 Days Contract Duration And As Per Schedule Set By The End-user Upon The Receipt Of Purchase Order 1 Chicken Broth Cubes (individually Pack, 10 G Per Piece), No Pork Content In Any Form 10608 Pieces 10608 Pieces 2 Canned Tuna (180 G Per Can), Flakes In Oil (vegetable Oil), Sodium Content 270-380 Mg, Easy Open Can With Halal Certified Logo 11751 Can 11751 Can 3 Corned Beef (150 G Per Can) Plain, Non-spicy, (not Guisado / Chunky / Karne Norte), Sodium Content 250-300mg, Fortified With Iron And Zinc With Halal Certified Logo, Easy Open Can 10024 Can 10024 Can 4 Vegetable Cooking Oil (300 Ml Per Pouch) Cholesterol Free-food, Fortified With Vitamin A With Halal Certified Logo 6864 Pouch 6864 Pouch 5 Vermicelli Sotanghon, Premium Quality (250 G Per Pack), No Pork Content In Any Form With Halal Certified Logo 1954 Packs 1954 Packs 6 Tomato Sauce (pack Per 200 G Per Pouch) With Halal Certified Logo 1248 Pouch 1248 Pouch 7 Vinegar (200 Ml Per Pouch) With Halal Certified Logo 624 Pouch 624 Pouch 8 Soy Sauce (200 Ml Per Pouch) With Halal Certified Logo 2496 Pouch 2496 Pouch 9 Iodized Salt (250 G Per Pack), Coarse Sea Salt With Halal Certified Logo And Sangkap Pinoy Seal Logo 1248 Packs 1248 Packs Delivery Term: As Per Schedule Place Of Delivery/venue: Delivery Sites: Municipal Hall Or Gymnasium Receiving Area Of Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces Note: *** The Bidder Should Bring Samples And Attach As A Part Of The Bidding Documents The Photo Of The Goods Or Brand Offered Showing The Halal Logo Per Item (for Goods That Require The Halal Certification Logo On The Packaging) Or No Pork Content In Any Form For Lot 2. Delivery: Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Schedule To The Targeted Municipalities To Avoid Delay. Each Truck Will Accommodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Goods To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Food Items Should Be Halal Certified And Meat Inspection Certified, Or Nmis, Upon Every Delivery For Chicken. The Supplier Should Provide "lapagan" (such As Traps, Ice Boxes, And Crates) Of The Goods At The Dropping Point. Perishable Goods Are To Be Delivered With A Re-frozen Or Cold Storage Van Or Styro Box To Avoid Spoilage. Packaging: Food Items Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Packaging Of The Food Items Shall Be Done In The Supplier's Warehouse. The Supplier Shall Provide Extra Clean And Durable Packaging Of Goods (eco-bags) To Prevent Damages Or Deterioration During Transportation To Their Feeding Sites. Any Damaged Goods Or Supplies Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. The Expiration Dates Of Groceries Shall Be A Minimum Of 6 Months To 1 Year Upon Delivery. Repacked Or Unlabeled Goods Such As Tomato Sauce, Soy Sauce, Vinegar, Sotanghon, And Vegetable Cooking Oil Are Not Accepted To Ensure Food Safety. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ C. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 3) The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Lot 3 Cooking Utensils And Others In Maguindanao Del Sur, Maguindanao Del Norte And Special Geographic Area Delivery Of The Goods Is Required 180 Days Contract Duration And As Per Schedule Set By The End-user Upon The Receipt Of Purchase Order 1 Cooking Pot / Kaldero With Cover, Diameter Atleast 15 Inches, Height Atleast 11 Inches, Material Cast Iron, Size Number 4, Design Double-handle 48 Pieces 48 Pieces 2 Ladle Stainless, Size 9 48 Pieces 48 Pieces 3 Square Styro Box Capacity: Can Carry 15-25 Kilos; Length 16 Inches; Width 20 X 13.5 Inches 96 Pieces 96 Pieces 4 Kitchen Apron Vinyl Type, 22 X 4 , Color Green 96 Pieces 96 Pieces Delivery Term: As Per Schedule Place Of Delivery/venue: Delivery Sites: Municipal Hall Or Gymnasium Receiving Area Of Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces Note: **** The Bidder Should Bring Samples And Attach As A Part Of The Bidding Documents The Photo Of The Goods Or Brand Offered For Lot 3. Delivery: Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Schedule To The Targeted Municipalities To Avoid Delay. Each Truck Will Accommodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Goods To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Food Items Should Be Halal Certified And Meat Inspection Certified, Or Nmis, Upon Every Delivery For Chicken. The Supplier Should Provide "lapagan" (such As Traps, Ice Boxes, And Crates) Of The Goods At The Dropping Point. Perishable Goods Are To Be Delivered With A Re-frozen Or Cold Storage Van Or Styro Box To Avoid Spoilage. Packaging: Food Items Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Packaging Of The Food Items Shall Be Done In The Supplier's Warehouse. The Supplier Shall Provide Extra Clean And Durable Packaging Of Goods (eco-bags) To Prevent Damages Or Deterioration During Transportation To Their Feeding Sites. Any Damaged Goods Or Supplies Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. The Expiration Dates Of Groceries Shall Be A Minimum Of 6 Months To 1 Year Upon Delivery. Repacked Or Unlabeled Goods Such As Tomato Sauce, Soy Sauce, Vinegar, Sotanghon, And Vegetable Cooking Oil Are Not Accepted To Ensure Food Safety. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ D. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 4) The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Lot 4 Commercial Rice, White, New Well-milled, Locally Produced, 50 Kg Per Sack Quality: Rice - Long Grains, Free From Genetically Modified (gmo) Rice, Fresh, Clean And Free From Any Abnormal Flavour, Odour Or Colour. Not Busted, Not Expired And/or Damaged. It Shall Be Free Of Any Visible Yeast And Mould (fungus), Insects, Fragments Or Remains Of Dead Insects And/or Other Impurities Of Animal Origin And Is "fit For Human Consumption". Variety - (rc-160 Or Banay-banay) 2736 Sack 2736 Sack Delivery Of The Goods Is Required 180 Days Contract Duration And As Per Schedule Set By The End-user Upon The Receipt Of Purchase Order Delivery Term: As Per Schedule Notes: *the Bidder Should Bring And Submit During The Bid-opening Of The Documents A Sample Of 1 Kg Of The Goods Or Brand Offered. **sample Packaging With A Label Must Be Brought During The Bid-opening. ***the Bidder Can Deliver The Food Items According To The Schedule. Sacks Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Date To The Targeted Municipalities To Avoid Delay. Each Truck Will Accomodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Packaging: All Bags/sacks Must Be Clean, Dry, Undamaged And Firmly Sewn. Recycled Bags/sacks Not Allowed, Nor Recycled Plastics For Making Bags/sacks. Closing With Double Stitch At Both Ends Of The Bags/sacks. Each Sack To Be Marked With Non-toxic Ink, To Remain Readable After A Minimum Of 10 Handlings Including The Name Of The Product, Net Weight In Kg And Crop Year. The Sack Must Be Marked / Printed With "best Before" Date Valid For Minimum 2 Years At Date Of Delivery. Any Damage Goods/supply Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. Repacked/unlabeled Commercial Rice Are Not Accepted To Ensure Food Safety. The Supplier Must Bring Their Own Weighing Scales During The Delivery Of Goods, To Ensure The Quantity Per Delivery Schedule. Rice Sacks To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts, Descriptions Of The Lots Or Items) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness, And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. Technical Specifications A. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 1) Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Lot 1 Fish, Meat And Egg Products: 1 Chicken Egg, Medium 2 Chicken, Thigh Parts ( 1 Kg Per Pack), Frozen 3 Chicken, Breast Parts (1 Kg Per Pack) 4 Fish, Barelis Medium Size ( 1 Kg Per Pack), Fresh 5 Fish, Tulay Medium Size(1 Kg Per Pack), Fresh 6 Dried Fish, Dilis , Small Size (100 G Per Pack) Tubers, Leafy And Fruit Vegetables And Other Products: 7 Cabbage (1 Kg Per Pack) 8 Carrots, Tuber(1 Kg Per Pack) 9 Eggplant, Fruit (1 Kg Per Pack) 10 Squash, Fruit (1 Kg Per Pack) 11 Munggo, Green (500 G Per Pack) 12 Potatoes, Medium Size (1 Kg Per Pack) 13 Sayote, Fruit (atleast 500 G/pc) 14 String Beans (1 Kg Per Pack) 15 Upo (1 Kg Per Pack) 16 Tomato, Combination Of Ripe And Semi Ripe (100 G Per Pack) 17 Garlic (100 G Per Pack) 18 Ginger (100 G Per Pack) 19 Onion (100 G Per Pack) 20 Banana (latundan), Semi -ripe (atleast 1 Kg Per "piling" Or Pack) 21 Pineapple, Semi-ripe, Mg3 Variety, Atleast 1 Kilo Per Piece Delivery Term: As Per Schedule Place Of Delivery/venue: Delivery Sites: Municipal Hall Or Gymnasium Receiving Area Of Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces Note: *the Bidder Should Have Their Main Warehouse Within Region Xii And Shall Be Checked During Post-qualification For Lot 1 ** The Bidder Should Prepare Samples For Lot 1 During Post-qualification Delivery: Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Schedule To The Targeted Municipalities To Avoid Delay. Each Truck Will Accommodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Goods To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Food Items Should Be Halal Certified And Meat Inspection Certified, Or Nmis, Upon Every Delivery For Chicken. The Supplier Should Provide "lapagan" (such As Traps, Ice Boxes, And Crates) Of The Goods At The Dropping Point. Perishable Goods Are To Be Delivered With A Re-frozen Or Cold Storage Van Or Styro Box To Avoid Spoilage. Packaging: Food Items Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Packaging Of The Food Items Shall Be Done In The Supplier's Warehouse. The Supplier Shall Provide Extra Clean And Durable Packaging Of Goods (eco-bags) To Prevent Damages Or Deterioration During Transportation To Their Feeding Sites. Any Damaged Goods Or Supplies Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. The Expiration Dates Of Groceries Shall Be A Minimum Of 6 Months To 1 Year Upon Delivery. Repacked Or Unlabeled Goods Such As Tomato Sauce, Soy Sauce, Vinegar, Sotanghon, And Vegetable Cooking Oil Are Not Accepted To Ensure Food Safety. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ B. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 2) Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Lot 2 Groceries And Other Products: 1 Chicken Broth Cubes (individually Pack, 10 G Per Piece), No Pork Content In Any Form 2 Canned Tuna (180 G Per Can), Flakes In Oil (vegetable Oil), Sodium Content 270-380 Mg, Easy Open Can With Halal Certified Logo 3 Corned Beef (150 G Per Can) Plain, Non-spicy, (not Guisado / Chunky / Karne Norte), Sodium Content 250-300mg, Fortified With Iron And Zinc With Halal Certified Logo, Easy Open Can 4 Vegetable Cooking Oil (300 Ml Per Pouch) Cholesterol Free-food, Fortified With Vitamin A With Halal Certified Logo 5 Vermicelli Sotanghon, Premium Quality (250 G Per Pack), No Pork Content In Any Form With Halal Certified Logo 6 Tomato Sauce (pack Per 200 G Per Pouch) With Halal Certified Logo 7 Vinegar (200 Ml Per Pouch) With Halal Certified Logo 8 Soy Sauce (200 Ml Per Pouch) With Halal Certified Logo 9 Iodized Salt (250 G Per Pack), Coarse Sea Salt With Halal Certified Logo And Sangkap Pinoy Seal Logo Delivery Term: As Per Schedule Place Of Delivery/venue: Delivery Sites: Municipal Hall Or Gymnasium Receiving Area Of Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces Note: *** The Bidder Should Bring Samples And Attach As A Part Of The Bidding Documents The Photo Of The Goods Or Brand Offered Showing The Halal Logo Per Item (for Goods That Require The Halal Certification Logo On The Packaging) Or No Pork Content In Any Form For Lot 2. Delivery: Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Schedule To The Targeted Municipalities To Avoid Delay. Each Truck Will Accommodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Goods To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Food Items Should Be Halal Certified And Meat Inspection Certified, Or Nmis, Upon Every Delivery For Chicken. The Supplier Should Provide "lapagan" (such As Traps, Ice Boxes, And Crates) Of The Goods At The Dropping Point. Perishable Goods Are To Be Delivered With A Re-frozen Or Cold Storage Van Or Styro Box To Avoid Spoilage. Packaging: Food Items Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Packaging Of The Food Items Shall Be Done In The Supplier's Warehouse. The Supplier Shall Provide Extra Clean And Durable Packaging Of Goods (eco-bags) To Prevent Damages Or Deterioration During Transportation To Their Feeding Sites. Any Damaged Goods Or Supplies Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. The Expiration Dates Of Groceries Shall Be A Minimum Of 6 Months To 1 Year Upon Delivery. Repacked Or Unlabeled Goods Such As Tomato Sauce, Soy Sauce, Vinegar, Sotanghon, And Vegetable Cooking Oil Are Not Accepted To Ensure Food Safety. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ C. Dswd12-bangun(epa)-2024-11-001 Early Procurement Activities For The Bidding Of Supply And Delivery Of Food Items, Kitchenwares, And Commercial For The Use Of 7,600 Bangun 2025 Implementation Beneficiaries In Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces, Good For 180 Days Of Fee (lot 3) Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Lot 3 Cooking Utensils And Others In Maguindanao Del Sur, Maguindanao Del Norte And Special Geographic Area 1 Cooking Pot / Kaldero With Cover, Diameter Atleast 15 Inches, Height Atleast 11 Inches, Material Cast Iron, Size Number 4, Design Double-handle 2 Ladle Stainless, Size 9 3 Square Styro Box Capacity: Can Carry 15-25 Kilos; Length 16 Inches; Width 20 X 13.5 Inches 4 Kitchen Apron Vinyl Type, 22 X 4 , Color Green Delivery Term: As Per Schedule Place Of Delivery/venue: Delivery Sites: Municipal Hall Or Gymnasium Receiving Area Of Two (2) Municipalities In Maguindanao Del Sur, Two (2) Municipalities In Maguindanao Del Norte And Two (2) Municipalities In Special Geographic Area (sga) Provinces Note: **** The Bidder Should Bring Samples And Attach As A Part Of The Bidding Documents The Photo Of The Goods Or Brand Offered For Lot 3. Delivery: Prices Are Inclusive Of Delivery Costs. Free Delivery To The Target Site Receiving Area, Based On The Attached Schedule Of Delivery And Timeline (8:00 Am Up To 11:00 Am). Supplier Logistics Must Have Three (3) Delivery Truck Per Delivery Schedule To The Targeted Municipalities To Avoid Delay. Each Truck Will Accommodate 2 Municipalities Per Delivery Schedule. Either Rented Or Owned Delivery Truck. Goods To Be Delivered With Closed Van Or Truck With Covered Trapal To Protect The Product Or Rice From The Sun And Sudden Rain. Food Items Should Be Halal Certified And Meat Inspection Certified, Or Nmis, Upon Every Delivery For Chicken. The Supplier Should Provide "lapagan" (such As Traps, Ice Boxes, And Crates) Of The Goods At The Dropping Point. Perishable Goods Are To Be Delivered With A Re-frozen Or Cold Storage Van Or Styro Box To Avoid Spoilage. Packaging: Food Items Should Be Segregated According To Feeding Sites Based On The Attached Distribution List Submitted To The Supplier Before The Implementation Of The Program. Packaging Of The Food Items Shall Be Done In The Supplier's Warehouse. The Supplier Shall Provide Extra Clean And Durable Packaging Of Goods (eco-bags) To Prevent Damages Or Deterioration During Transportation To Their Feeding Sites. Any Damaged Goods Or Supplies Upon Delivery By The Supplier Shall Be Replaced Immediately Within 24 Hours. The Expiration Dates Of Groceries Shall Be A Minimum Of 6 Months To 1 Year Upon Delivery. Repacked Or Unlabeled Goods Such As Tomato Sauce, Soy Sauce, Vinegar, Sotanghon, And Vegetable Cooking Oil Are Not Accepted To Ensure Food Safety. Inspection And Final Acceptance: Inspection (dswd Inspection Committee), Designated Inspectorate At The Regional Level, Final Acceptance By The Dswd Acceptance Committee, End-user, Mswdo/focal Person Shall Be Done At The Municipal Receiving/delivery Site. Payment Terms: Payment Shall Be Made On A Monthly Basis Based On Actual Delivery Partial Payment Must Correspond To The Value Of Goods Delivered And Accepted After The Appropriate Inspection And Acceptance Procedures. Proof Of Deliveries (delivery Receipts Or Acknowledgement Receipts) Must Be Signed By An Authorized Person To Support Claims For Payment. General Requirements: The Supplier Must Attach A Certification Of Satisfactory Performance For All Its Completed Government Projects For The Last Year; Any Unsatisfactory Performance Would Mean Disqualification In Accordance With The Rdc Resolution. Conforme: Name Of Company: _____________________________________________________ Signature Of Bidder Or Authorized Representative: ______________________________ Name And Designation: ___________________________________________________ Date: _______________________ Section Viii. Checklist Of Technical And Financial Documents Notes On The Checklist Of Technical And Financial Documents The Prescribed Documents In The Checklist Are Mandatory To Be Submitted In The Bid, But Shall Be Subject To The Following: A. Gppb Resolution No. 09-2020 On The Efficient Procurement Measures During A State Of Calamity Or Other Similar Issuances That Shall Allow The Use Of Alternate Documents In Lieu Of The Mandated Requirements; Or B. Any Subsequent Gppb Issuances Adjusting The Documentary Requirements After The Effectivity Of The Adoption Of The Pbds. The Bac Shall Be Checking The Submitted Documents Of Each Bidder Against This Checklist To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion Pursuant To Section 30 Of The 2016 Revised Irr Of Ra No. 9184. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And After-sales/parts; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (h) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (i) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (j) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (k) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (l) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.

Details: Description Bulacan Agricultural State College Early Procurement Activity For Construction Of 2-storey Agroforestry Building With Rainwater Catchment Facility November, 2024 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Infrastructure Projects (hereinafter Referred To Also As The “works”) Through Competitive Bidding Have Been Prepared By The Government Of The Philippines For Use By All Branches, Agencies, Departments, Bureaus, Offices, Or Instrumentalities Of The Government, Including Government-owned And/or -controlled Corporations, Government Financial Institutions, State Universities And Colleges, Local Government Units, And Autonomous Regional Government. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Government Of The Philippines Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. The Pbds Are Intended As A Model For Admeasurements (unit Prices Or Unit Rates In A Bill Of Quantities) Types Of Contract, Which Are The Most Common In Works Contracting. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (i) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract; (ii) The Eligibility Requirements Of Bidders; (iii) The Expected Contract Duration; And (iv) The Obligations, Duties, And/or Functions Of The Winning Bidder. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Works To Be Procured. If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Moreover, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents. The Following General Directions Should Be Observed When Using The Documents: A. All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Infrastructure Projects. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Project. B. Specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Instructions To Bidders, Bid Data Sheet, And Special Conditions Of Contract. The Final Documents Should Contain Neither Blank Spaces Nor Options. C. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bds, General Conditions Of Contract, Special Conditions Of Contract, Specifications, Drawings, And Bill Of Quantities Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. D. The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Names Of The Project, Contract, And Procuring Entity, In Addition To Date Of Issue. E. Modifications For Specific Procurement Project Details Should Be Provided In The Special Conditions Of Contract As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bid Data Sheet Or Special Conditions Of Contract, These Terms Shall Be Printed In Bold Typeface On Sections I (instructions To Bidders) And Iii (general Conditions Of Contract), Respectively. F. For Guidelines On The Use Of Bidding Forms And The Procurement Of Foreign-assisted Projects, These Will Be Covered By A Separate Issuance Of The Government Procurement Policy Board. Table Of Contents Glossary Of Terms, Abbreviations, And Acronyms 5 Section I. Invitation To Bid 8 Section Ii. Instructions To Bidders 11 1. Scope Of Bid 12 2. Funding Information 12 3. Bidding Requirements 12 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices 12 5. Eligible Bidders 13 6. Origin Of Associated Goods 13 7. Subcontracts 13 8. Pre-bid Conference 13 9. Clarification And Amendment Of Bidding Documents 13 10. Documents Comprising The Bid: Eligibility And Technical Components 14 11. Documents Comprising The Bid: Financial Component 14 12. Alternative Bids 14 13. Bid Prices 15 14. Bid And Payment Currencies 15 15. Bid Security 15 16. Sealing And Marking Of Bids 15 17. Deadline For Submission Of Bids 16 18. Opening And Preliminary Examination Of Bids 16 19. Detailed Evaluation And Comparison Of Bids 16 20. Post Qualification 16 21. Signing Of The Contract 16 Section Iii. Bid Data Sheet 17 Section Iv. General Conditions Of Contract 20 1. Scope Of Contract 21 2. Sectional Completion Of Works 21 3. Possession Of Site 21 4. The Contractor’s Obligations 21 5. Performance Security 22 6. Site Investigation Reports 22 7. Warranty 22 8. Liability Of The Contractor 22 9. Termination For Other Causes 22 10. Dayworks 23 11. Program Of Work 23 12. Instructions, Inspections And Audits 23 13. Advance Payment 23 14. Progress Payments 23 15. Operating And Maintenance Manuals 24 Section V. Special Conditions Of Contract 25 Section Vi. Specifications 27 Section Vii. Drawings 37 Section Viii. Bill Of Quantities 58 Section Ix. Checklist Of Technical And Financial Documents 67 Glossary Of Terms, Abbreviations, And Acronyms Abc – Approved Budget For The Contract. Arcc – Allowable Range Of Contract Cost. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Cda – Cooperative Development Authority. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Contractor – Is A Natural Or Juridical Entity Whose Proposal Was Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. Contractor As Used In These Bidding Documents May Likewise Refer To A Supplier, Distributor, Manufacturer, Or Consultant. Cpi – Consumer Price Index. Dole – Department Of Labor And Employment. Dti – Department Of Trade And Industry. Foreign-funded Procurement Or Foreign-assisted Project – Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Pcab – Philippine Contractors Accreditation Board. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Un – United Nations. Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid (ib) Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Ib Shall Be Posted In Accordance With Section 21.2 Of The 2016 Revised Irr Of Ra No. 9184. Apart From The Essential Items Listed In The Bidding Documents, The Ib Should Also Indicate The Following: A. The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Ib Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; B. The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; C. The Deadline For The Submission And Receipt Of Bids; And D. Any Important Bid Evaluation Criteria. The Ib Should Be Incorporated Into The Bidding Documents. The Information Contained In The Ib Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bid Data Sheet. Bulacan Agricultural State College San Ildefonso, Bulacan, 3010 Invitation To Bid For Early Procurement Activity Construction Of 2-storey Agroforestry Building With Water Catchment Facility] 1. The Bulacan Agricultural State College, Through The General Appropriations Act Of 2025 (gaa) Under The Capital Outlay For The Fy 2025 Intends To Apply The Sum Of Twenty Five Million Pesos (php 25,000,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For 2024-01-infra: Construction Of 2-storey Agroforestry Building With Water Catchment Facility. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bulacan Agricultural State College Now Invites Bids For The Above Procurement Project. Completion Of The Works Is Required On Or Before The Two Hundred Seventy (270) Calendar Days. Bidders Should Have Completed A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. 4. Interested Bidders May Obtain Further Information From Bulacan Agricultural State College And Inspect The Bidding Documents At The Address Given Below From From 8:30 Am To 4:30 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 9, 2024 To December 2, 2024 From Given Address And Website/s Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Twenty Five Thousand Pesos (php 25,000.00). Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting The Receipt Upon Submission Of Their Bid Documents. 6. The Bulacan Agricultural State College Will Hold A Pre-bid Conference On November 18, 2024, 09:00 Am Via Zoom Platform (meeting Id: 828 5597 7530; Passcode: 662401) Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before 08:30 Am Of December 2, 2024. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On December 2, 2024, 9:00am At The The Conference Room, Ground Floor, Farmers Training Center, Basc, San Ildefonso, Bulacan. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. Observers Will Be Invited To Attend And Witness The Bid Proceedings. 11. The Bulacan Agricultural State College Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Rona Angela O. Clarin Bac Secretariat Head Bulacan Agricultural State College Brgy. Pinaod, San Ildefonso, Bulacan (044) 697-1240 And 0923-108-1526 Ronaangela_clarin@basc.edu.ph Www.basc.edu.ph 13. You May Visit The Following Websites: Www.basc.edu.ph November 9, 2024 Ronald Reagan T. Alonzo,ph.d. Bac Chairperson Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section On The Instruction To Bidders (itb) Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification, And On The Award Of Contract. 1. Scope Of Bid The Procuring Entity, Bulacan Agricultural State College Invites Bids For The Proposed Construction Of 2-storey Agroforestry Building With Water Catchment Facility, With Project Identification Number 2024-01-infra. The Procurement Project (proposed Construction Of 2-storey Agroforestry Building With Water Catchment Facility) Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Gaa Fy 2025 In The Amount Of Php25,000,000.00 2.2. The Source Of Funding Is: A. Nga, The National Expenditure Program. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time Via Online Platform As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. A Valid Pcab License Is Required, And In Case Of Joint Ventures, A Valid Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until 120 Days From The Opening Of Bids. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The Original Of The First And Second Components Of Its Bid And Plus Two (2) Copies Of Each Kind, Labeled As Copy 1 And Copy 2. Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet (bds) The Bid Data Sheet (bds) Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information, Or Requirements Included In The Itb Found In Section Ii, Which Are Specific To Each Procurement. This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing The Bds, The Following Aspects Should Be Checked: A. Information That Specifies And Complements Provisions Of The Itb Must Be Incorporated. B. Amendments And/or Supplements, If Any, To Provisions Of The Itb As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: Construction, Renovation, Rehabilitation, Repair Of School, Laboratory And Office Buildings. 7.1 Subcontracting Is Not Allowed. 10.3 Appropriate Pcab License Commensurate To The Project. 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: Key Personnel General Experience Relevant Experience Civil Engineer/ Architect At Least 5 Years At Least 5 Years Materials Engineer At Least 5 Years At Least 5 Years Foreman At Least 5 Years At Least 5 Years Safety Officer At Least 5 Years At Least 5 Years Skilled Laborer At Least 3 Years At Least 3 Years Laborer - - 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Mini Dump Truck Or Elf Truck 1 Concrete Mixer One Bagger 2 Cut Off/ Bar Cutter - 2 Bar Bender - 2 Concrete Vibrator - 2 Welding Machine Heavy Duty 2 12 Alternative Bids Are Not Allowed. 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Php500,000.0 [two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than P1,250,000.00 [ Five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.2 Partial Bids Are Not Allowed. 20 Building Permit, Occupancy Permit, Locational Clearance, Environmental Compliance Certificate, Certification That The Project Site Is Not Within A Geohazard Zone.etc. 21 Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Dole, And (pert/cpm) Or Other Acceptable Tools Of Project Scheduling. Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The General Conditions Of Contract (gcc) In This Section, Read In Conjunction With The Special Conditions Of Contract In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. Matters Governing Performance Of The Contractor, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Included In The Gcc And Special Conditions Of Contract. Any Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Special Conditions Of Contract. 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 4.1. The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 4.2. If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 5. Performance Security 5.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 5.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Ra No. 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 6. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 7. Warranty 7.1. In Case The Contractor Fails To Undertake The Repair Works Under Section 62.2.2 Of The 2016 Revised Irr, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property(ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 7.2. The Warranty Against Structural Defects/failures, Except That Occasioned-on Force Majeure, Shall Cover The Period From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. Specific Duration Of The Warranty Is Found In The Scc. 8. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 9. Termination For Other Causes Contract Termination Shall Be Initiated In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before, Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Stated In Itb Clause 4. 10. Dayworks Subject To The Guidelines On Variation Order In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 11. Program Of Work 11.1. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval The Said Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. The Submissions Of The Program Of Work Are Indicated In The Scc. 11.2. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 12. Instructions, Inspections And Audits The Contractor Shall Permit The Gop Or The Procuring Entity To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Of The Gop Or The Procuring Entity, As May Be Required. 13. Advance Payment The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum, Or At The Most Two Installments According To A Schedule Specified In The Scc, Subject To The Requirements In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 14. Progress Payments The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15. Operating And Maintenance Manuals 15.1. If Required, The Contractor Will Provide “as Built” Drawings And/or Operating And Maintenance Manuals As Specified In The Scc. 15.2. If The Contractor Does Not Provide The Drawings And/or Manuals By The Dates Stated Above, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc Found In Section Iv. The Special Conditions Of Contract (scc) Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Works Procured. In Preparing This Section, The Following Aspects Should Be Checked: A. Information That Complements Provisions Of The Gcc Must Be Incorporated. B. Amendments And/or Supplements To Provisions Of The Gcc As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of The Gcc Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 2 The Intended Completion Date Of Construction Of 2-storey Agroforestry Building With Rainwater Catchment Facility Is Two Hundred Seventy (270) Calendar Days From The Date Of The Receipt Of Notice To Proceed. 4.1 The Schedule Of Delivery Of The Possession Of The Site To The Contractor Is Upon The Receipt Of The Notice To Proceed. 6 The Site Investigation Reports Are: 7.2 In Case Of Permanent Structures, Such As Buildings Of Types 4 And 5 As Classified Under The National Building Code Of The Philippines And Other Structures Made Of Steel, Iron, Or Concrete Which Comply With Relevant Structural Codes (e.g., Dpwh Standard Specifications), Such As, But Not Limited To, Steel/concrete Bridges, Flyovers, Aircraft Movement Areas, Ports, Dams, Tunnels, Filtration And Treatment Plants, Sewerage Systems, Power Plants, Transmission And Communication Towers, Railway System, And Other Similar Permanent Structures:] Fifteen (15) Years. 10 A. Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. 11.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 7 Calendar Days Of Delivery Of The Notice Of Award. 11.2 The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is 1% Of The Progress Billing. 13 The Amount Of The Advance Payment Is Fifteen Percent (15%) Of The Contract Price To Be Paid Upon Written Request Of The Contractor Reconciling On The Date Of The Notice To Proceed And Upon Submission Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, And Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission. 14 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15.1 The Date By Which “as Built” Drawings Are Required Is Fifteen (15) Calendar Days From Completion Of Project. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is 0.1% Of The Final Contract Amount. Section Vi. Specifications Notes On Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Or Conditioning Their Bids. In The Context Of International Competitive Bidding, The Specifications Must Be Drafted To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured. Only If This Is Done Will The Objectives Of Economy, Efficiency, And Fairness In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation Facilitated. The Specifications Should Require That All Goods And Materials To Be Incorporated In The Works Be New, Unused, Of The Most Recent Or Current Models, And Incorporate All Recent Improvements In Design And Materials Unless Provided Otherwise In The Contract. Samples Of Specifications From Previous Similar Projects Are Useful In This Respect. The Use Of Metric Units Is Mandatory. Most Specifications Are Normally Written Specially By The Procuring Entity Or Its Representative To Suit The Works At Hand. There Is No Standard Set Of Specifications For Universal Application In All Sectors In All Regions, But There Are Established Principles And Practices, Which Are Reflected In These Pbds. There Are Considerable Advantages In Standardizing General Specifications For Repetitive Works In Recognized Public Sectors, Such As Highways, Ports, Railways, Urban Housing, Irrigation, And Water Supply, In The Same Country Or Region Where Similar Conditions Prevail. The General Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Construction, Although Not Necessarily To Be Used In A Particular Works Contract. Deletions Or Addenda Should Then Adapt The General Specifications To The Particular Works. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Goods, Materials, And Workmanship, Recognized International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Goods, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure Substantially Equal Or Higher Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Scc. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Contract To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished, And Work Performed Or Tested, The Provisions Of The Latest Current Edition Or Revision Of The Relevant Standards And Codes In Effect Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National, Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure A Substantially Equal Or Higher Quality Than The Standards And Codes Specified Will Be Accepted Subject To The Procuring Entity’s Representative’s Prior Review And Written Consent. Differences Between The Standards Specified And The Proposed Alternative Standards Shall Be Fully Described In Writing By The Contractor And Submitted To The Procuring Entity’s Representative At Least Twenty-eight (28) Days Prior To The Date When The Contractor Desires The Procuring Entity’s Representative’s Consent. In The Event The Procuring Entity’s Representative Determines That Such Proposed Deviations Do Not Ensure Substantially Equal Or Higher Quality, The Contractor Shall Comply With The Standards Specified In The Documents. These Notes Are Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Should Not Be Included In The Final Bidding Documents. Proposed Construction Of 2-storey Agroforestry Building With Rainwater Catchment Facility Basc Drt Campus Technical Specifications Bulacan Agricultural State College Pinaod, San Ildefonso, Bulacan November 2024  Specifications 1. General Requirements 1.1 These Specifications Are Intended To Cover All Labor And Materials Required For The Complete Construction Of The Proposed Projects As Shown In The Working Drawings As Described Herein. 1.2 Materials And/ Or Work Not Specifically Mentioned In The Specifications, Working Drawings, And Other Contract Documents But Is Implied And Deemed Necessary To Complete The Work Shall Be Supplied By The Contractor And Executed In A Workman-like Manner, Of Appropriate Number, Location, And Size Of The Highest Quality Available Without Extra Cost To The Owner. 1.3 The Owner Reserves The Right To Alter And/or Omit Any Part Of The Plans With The Approval Of The Architect Or Engineer As The Case May Be. Any Extra Charge Must Be Situated To The Architect And/or Project Manager For Approval Before Final Acceptance. 1.4 The Contractor Shall Secure All Permits And Licenses As Required And Also Shall Be Responsable For All The Liabilities, Under Workmen’s Compensation, Sss, Insurance, Etc. 1.5 The Contractor Shall Furnish For Approval Of The Architect/engineer, With Promptness, Samples As Specified Or Required. Works Shall Be In Accordance With The Approved Samples. 1.6 The Contractor Shall Guarantee The Words, Except For Those With Specific Guarantee For A Period Of One (1) Year After Final Acceptance By The Owner. He Shall Repair,replace And Make Good At His Expenses Any And All Defects, Which May Arise During That Term Of Guarantee And Warranty Due To Defective Workmanship And/or Interior Quality Of Materials. 2. Methods Of Construction 2.1 The Construction Shall Be Done In The Manner That Would Cause Least Disturbance To Neighborhood And Occupant Of The Area. The Contractor Will Be Allowed To Work 24 Hours If Necessary To Complete The Work On Time Subject To Approval Of The Owner. 2.2 All Works To Be Done Shall Be Of The Best Quality And Workmanship. 3. Masonry 3.1 Exterior Wall Should Be Chb 5 Inches Wall Bearing With 10 Mm Diameter Reinforcement Bars Spaced @ 0.80 Meter For Vertical And For Every 3 Layers Of Chb For Horizontal Bars. 3.2 Partition Wall Should Be Chb 4 Inches With 10 Mm Diameter Reinforcement Bars Spaced @ 0.80 Meter For Vertical And For Every 3 Layers Of Chb For Horizontal Bars In Rooms,hallway,and Toilet. 3.3 Low Partition Should Be Chb 4 Inches 1.80 Meters High With 10 Mm Diameter Reinforcement Bars Spaced @ 0.80 Meters For Vertical And For Every 3 Layer Of Chb For Horizontal Bars In Toilet Partition/cubicles. 4. Wall Finishes 4.1. Interior Walls Finishes Should Be Smooth Plain Cement Plaster; Concrete Neutralizer Treatment; Patching; Paint Finish (boysen Paint Or Approved Equal) W/ 4” Base Board. Note: Patchwork Should Be Followed With One Coat Of Concrete Primer As Primer-surfacer To Reduce Unsightly Uneven Appearance After Topcoat Application. 4.2. Exterior Wall Finishes Should Be Smooth Plain Cement Plaster; Concrete Neutralizer Treatment; Patching; 2 Coat Paint Finish (boysen Paint Or Approved Equal). 4.3. Provide 40 Cm X 40 Cm Glazed Wall Tiles (eurotiles Or Approved Equal) From Finish Floor Line To 1.80 Meter High, For All Toilet And Cubicles 4.4. Provide 40 Cm X 40 Cm Glazed Wall Tiles (eurotiles Or Approved Equal) For Splashboards For Lavatories In Laboratory/ Kitchen. 4.5. Provide 2” Thick Simulated Stone Cladding (asi, Stone Age Or Approved Equal), See Plans And Drawings. 5. Ceiling Finishes 5.1. All Interior Ceiling - 6 Mm Thick Fiber Cement Hardiflex Ceiling Board Riveted On Metal Furring Channels Providing A V-cut In Every Joint; Prevent Rivet Head To Exposed In Ceiling Surface; Patching All Rivets And Joints W/ Skim Coat; 2 Coat Paint Finish Flat Latex Paint (boysen Or Approved Equal). 5.2. Outside Ceiling – 8” X L X 0.4 Mm Thick Spandrel (union Brand Or Approved Equal). 5.3. Provide Eaves Hole For Ventilation (see Plans And Drawings) 5.4. Provide 4” Ceiling Drop If Necessary (see Plans And Drawings). 6. Carpentry Works 6.1. Cabinets Beneath The Lavatory/ Kitchen Counters In 2” X 3” Kd Treated Wood Frame; ¾” Mdf Membrane Press Doors W/ Liston; Paint Finish. 6.2. Provide Concealed Hinges And Handle For Cabinet Doors. 6.3. All Door Jamb Should Be 2’ X 6” Steel, Paint Finish. 7. Doors/hardwares 7.1. 1.0 M X 2.1 M X 41 Mm Thick Kiln Dry Solid Panel-type Door W/ Simulated Wood Grain Including 50 Mm X 150 Mm Solid Door Jamb W/ Simulated Wood Grain; Varnish Finish. For Classrooms (see Plans And Drawings). 7.2. 0.9 M X 1.2 M Flush Door W/ Jamb, For Common And Pwd Cr; Varnish Finish 7.3. 0.6 M X 1.60 M Aluminum (analok) Door W/ Handle, Hinges And Locksets For Cubicle In Toilets. 7.4. 0.8m X 2.1 M X 41 Mm Thick Kiln Dry Solid Panel-type Door W/ Simulated Wood Grain Including 50 Mm X 150 Mm Solid Door Jamb W/ Simulated Wood Grain; For Stockroom/electrical Room/beneath The Stairs; Varnish Finish. 7.5. Provide 1 Set Of Door Knob (yale Or Approved Equal) And 4 Pcs Of 3-1/2” Hinges (loose Pin Stanley Or Approved Equal) Each Panel-type Door. 8. Windows 8.1. 2.4 M X 1.2 M And 1.2 M X 1.2m Sliding Window 0.90m From Finísh Floor Line For Classrooms (see Plans And Drawings) 8.2. 0.5 M X 0.5 M And 0.6 M X 1.2 M Aluminum And Glass Awning Window Elevated 1.80m & 1.55m From Finísh Floor Line For Toilets. (see Plans And Drawings) 8.2. 1.2 M X 1.8 M Aluminum And Glass Awning & Fixed Type Window Elevated 0.35m From Finísh Floor Line For Ramps. (see Plans And Drawings) 8.3. All Windows Shall Have Grills Made Of 1” X 1” X 1.2 Mm Thick Galvanize Iron Square Tube Welded Except For Ramp Windows (see Plans And Drawings); Quick Drying Enamel Paint Finish. 8.4. All Aluminum Frames Shall Be Of The Best Quality, Analok Finish Free From Internal Defects. 8.5. All Glass Shall Be ¼” Thick Brown In Color, Unless Specify On Plan. 9. Tile Works 9.1. 60 Cm X 60 Cm Non-skid Tiles, Eurotiles Or Approved Equal, For Flooring At All Floors And 60 Cm X 60 Cm Unglazed For Hallways (submit Sample For Approval). 9.2. 30 Cm X 30 Cm Unglazed Tiles, Eurotiles Or Approved Equal For Landing,thread,and Riser In All Stairs. (submit Sample For Approval). 9.3. 30 Cm X 30 Cm Unglazed Tiles, Eurotiles Or Approved Equal, For Walls Of Toilets And Cubicles. (submit Sample For Approval). 9.4. 60 Cm X 60 Cm Doublé Polish Glazed Tiles, Eurotiles Or Approved Equal For Countertops For Sink And Lavatories. (submit Sample For Approval). 9.5. Provide Tile Grout For Tile Joints. 9.6. Provide 2 Coats Of Wáter Proofing Before Laying Of Floor Tiles In All Toilets In The Second Floor-fourth Floor. 10. Sanitary Work/ Fittings & Fixtures 10.1. Fittings & Fixtures 10.1.1. Wáter Closet - Closed-coupled Wáter Closet Dual Flush By Pozzi Or Approved Equal W/ Complete Fittings And Accessories. (submit Sample For Approval). 10.1.2. Lavatory - Basin-type Counter Lavatory By Pozzi Or Approved Equal W/ Complete Fittings And Accessories. (submit Sample For Approval). 10.1.3. Lavatory Faucet - Basin Mixer W/ Complete Accessories By Hcg Or Approved Equal And Hose Bibb For Every Wáter Closet. (submit Sample For Approval). 10.1.4. Urinal - Wash Down/ Gravity-flushing By Hcg Or Approved Equal W/ Complete Fittings And Accessories. (submit Sample For Approval) 10.1.5. Soap Holder – By Pozzi Or Approved Equal. 10.1.6. Tissue Holder – By Pozzi Or Approved Equal. 10.1.7. Floor Drain – 4” X 4” Stainless Steel Floor Drain. 10.2. 25 Mm And 20 Mm Polypropylene Random (ppr) Pipes And Ppr Fittings For Wáter Supply Lines/ Cold Wáter Lines. (as Per Plan). 10.3. 100mm (4”) And 50 Mm (2”) Diameter Unplasticized Polyvinyl Chloride (upvc) Sanitary Pipes And Fittings (neltex Orange Series 1000). (as Per Plan). 10.4. One (1) Septic Tank (as Per Plan) 10.5. Drainage System And Catch Basins (as Per Plan) 10.6. Provide P-trap To All Floor Drains And Sink. 11. Painting Works Materials Brand – Boysen Or Approved Equal. 11.1. For Interior/exterior Concrete Plaster: Pre-treatment : Concrete Neutralizer. Test With Litmus Or Ph Paper First Coat : Water-based Epoxy Primer (for Badly Weathered Concrete Or When Long Lasting Durability Is Desired) Patchwork : Patch-eeze Patching Compound. Note: Patchwork Should Be Followed With One Coat Of Concrete Primer As Primer-surfacer To Reduce Unsightly Uneven Appearance After Topcoat Application. Second Coat : Two (2) Coats Of Semi-gloss Latex. 12.2. For Interior Ceilings: First Coat : Interior Primer And Sealer Patchwork : Skim Coat Second Coat : Two (2) Coats Of Flat Latex 12.3. For Interior Woodworks And Doors: First Coat : Wood Putty Second Coat : Two (2) Coats Of Quick Drying Enamel. 12. Electrical Works 12.1. Wires / Conductors 12.1.1. Power Line - Insulated Copper Wire For 600v Level, Thw For Main Feeder And Tw For Load Side, Sycwin, Philflex Or Approved Equal. 12.2. Conduits 12.2.1. Service Entrance – Rigid Steel Consduit (rsc), Galvanized Iron Schedule 40. 12.2.2. Internal & Embedded – Pvc Pipes By Powerguard Or Approved Equal 12.3. Fixtures & Devices 12.3.1. Utility Box – 2” X 4” Poly Or Approved Equal. 12.3.2. Junction Box – 4” X 4” W/ Cover Poly Or Approved Equal. 12.3.3. Switches – 2” X 4” Switch Set By Panasonic Or Approved Equal (1 Gang/2 Gang/3 Gang) See Plans And Drawings. 12.3.4. Outlets – 2” X 4” Dúplex Convenience Outlet Set By Panasonic Or Approved Equal. 12.3.5. Panel Board – Ga. # 16 Metal Enclosure With Copper Bus Bar, Dead Front, Flush Mounted, Nema Brand Or Approved Equal. 12.3.6. Circuit Breaker – Molded Case Polyester Resin, Bolt Ton Type Thermal Magnetic Type, Common Internal Trip, 250v Ac, 10kaic Mínimum, General Electric Or Approved Equal (ampere Rating As Specified On Plans). 12.3.7. Grounding System – 16 Mm Dia. X 3000mm Hot Dipped Galvanized Steel Ground Rod. 12.4. Lighting Fixtures 12.4.1. Louver 4x20 With 20 Watts Luminaire Led T8 Light W/ Aluminum Reflector (surface Type). 15.4.2. 6” Dia. Receptacle W/ 16 Watts Led Bulb Firefly Or Approved Equal. 13. Concrete Works 14.1. Class A Mixture (1 Part Portland Cement, 2 Part Sand, And 4 Part Gravel) For Slabs In 2nd Floor And Landings, Stairs, Columns, Beams, Lintel Beams, Tie Beams, Column Footings, Wall Footings, Canopy And Septic Tank. 14.2. Class B Mixture (1 Part Portland Cement, 2-1/2 Part Sand, And 5 Part Gravel) For Slabs In Ground Floor And All Other Concrete Not Mention In 14.1. 14.3. Cement Plaster Must Be 1 Part Portland Cement, And 3 Part Sand. 14. Miscellaneous 14.1. Provide ¼” Thick X 4 Ft. High Mirror Glass For Wall Of All Toilets Covering The Entire Length Of Countertops Of Lavatory. 14.2. Provide Peebles Stone Or Waffle Tiles For All Ramp-up And Exterior Steps/stairs Covering The Thread And Riser. 14.3. Stairs And Pwd Ramp-up - Provide 2” Ø X 1.5 Mm Thick Stainless Tube (mirror Type Sus 304) For Stairs Handrail And Main Post; 1-1/2” Ø X 1.5 Mm Thick Stainless Tube For Vertical Members; 1” Ø X 1.5 Mm Thick Stainless Tube For Horizontal Members. Buffing Finish. 14.4. Corridor Railing – Provide 2” Ø Pipe For Handrail; All Joints Must Be Welded Together. Paint Finish. 14.5. Provide 4 Ceiling Fan 16” (asahi Or Approved Equal) Each Classroom. 14.6. Provide 2 Sets Of 4’ X 8’ White Board W/ Aluminum Frame Each Classroom. 14.7. Provide 35 Sets Of Arm Chair (monoblock) Each Classroom. 14.8. Provide Teacher’s Table & Chair Each Classroom. 14.9. Provide Fire Extinguisher 10lbs For Each Classroom. 14.10. Provide Emergency Light For Each Classroom. 14.11. Provide Emergency Fire Alarm For Every Floor. 14.12. Provide Exhaust Fan 12” At Each Toilet. Provide Also Manhole Cover At Each Toilet And Storage Room On Both Floors. 14.13. Provide 4-ibc (intermediate Bulk Container) Tanks For Rainwater Catchment (1000 L Capacity Each), 2- Elevated Wáter Tank (1000 L Capacity Each) (install Horizontal) With Booster Pump 1.5hp. 14.14. Provide Also Pvc Accordion Type Partition At 2ndfloor. 14.15. Provide 10mm Roof Insulation Double-sided At Roofing. 14.16. Provide (2) Sets Of Split Type Airconditioning Unit 2hp – Supply And Install Section Vii. Drawings                                       Section Viii. Bill Of Quantities Notes On The Bill Of Quantities Objectives The Objectives Of The Bill Of Quantities Are: A. To Provide Sufficient Information On The Quantities Of Works To Be Performed To Enable Bids To Be Prepared Efficiently And Accurately; And B. When A Contract Has Been Entered Into, To Provide A Priced Bill Of Quantities For Use In The Periodic Valuation Of Works Executed. In Order To Attain These Objectives, Works Should Be Itemized In The Bill Of Quantities In Sufficient Detail To Distinguish Between The Different Classes Of Works, Or Between Works Of The Same Nature Carried Out In Different Locations Or In Other Circumstances Which May Give Rise To Different Considerations Of Cost. Consistent With These Requirements, The Layout And Content Of The Bill Of Quantities Should Be As Simple And Brief As Possible. Daywork Schedule A Daywork Schedule Should Be Included Only If The Probability Of Unforeseen Work, Outside The Items Included In The Bill Of Quantities, Is High. To Facilitate Checking By The Entity Of The Realism Of Rates Quoted By The Bidders, The Daywork Schedule Should Normally Comprise The Following: A. A List Of The Various Classes Of Labor, Materials, And Constructional Plant For Which Basic Daywork Rates Or Prices Are To Be Inserted By The Bidder, Together With A Statement Of The Conditions Under Which The Contractor Will Be Paid For Work Executed On A Daywork Basis. B. Nominal Quantities For Each Item Of Daywork, To Be Priced By Each Bidder At Daywork Rates As Bid. The Rate To Be Entered By The Bidder Against Each Basic Daywork Item Should Include The Contractor’s Profit, Overheads, Supervision, And Other Charges. Provisional Sums A General Provision For Physical Contingencies (quantity Overruns) May Be Made By Including A Provisional Sum In The Summary Bill Of Quantities. Similarly, A Contingency Allowance For Possible Price Increases Should Be Provided As A Provisional Sum In The Summary Bill Of Quantities. The Inclusion Of Such Provisional Sums Often Facilitates Budgetary Approval By Avoiding The Need To Request Periodic Supplementary Approvals As The Future Need Arises. Where Such Provisional Sums Or Contingency Allowances Are Used, The Scc Should State The Manner In Which They Will Be Used, And Under Whose Authority (usually The Procuring Entity’s Representative’s). The Estimated Cost Of Specialized Work To Be Carried Out, Or Of Special Goods To Be Supplied, By Other Contractors Should Be Indicated In The Relevant Part Of The Bill Of Quantities As A Particular Provisional Sum With An Appropriate Brief Description. A Separate Procurement Procedure Is Normally Carried Out By The Procuring Entity To Select Such Specialized Contractors. To Provide An Element Of Competition Among The Bidders In Respect Of Any Facilities, Amenities, Attendance, Etc., To Be Provided By The Successful Bidder As Prime Contractor For The Use And Convenience Of The Specialist Contractors, Each Related Provisional Sum Should Be Followed By An Item In The Bill Of Quantities Inviting The Bidder To Quote A Sum For Such Amenities, Facilities, Attendance, Etc. Signature Box A Signature Box Shall Be Added At The Bottom Of Each Page Of The Bill Of Quantities Where The Authorized Representative Of The Bidder Shall Affix His Signature. Failure Of The Authorized Representative To Sign Each And Every Page Of The Bill Of Quantities Shall Be A Cause For Rejection Of His Bid. These Notes For Preparing A Bill Of Quantities Are Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Should Not Be Included In The Final Documents. Bill Of Quantities Item Description Unit Qty Unit Cost Amount I. Design And Permit A. Detailed Engineering And Architectural Design Lot 1.00 250,000.00 250,000.00 B. Permits, Insurance And Bonds Lot 1.00 Ii. General Requirements A. Mobilization/demobilization Lot 1.00 B. Temporary Facilities Lot 1.00 C. Safety And Health Requirements Lot 1.00 Ii. Earth Works A. Staking And Layout Lot 1.00 B. Excavation Works Cu.m 242.43 C. Backfilling Works Cu.m 170.90 D. Gravel Bedding Cu.m 35.75 E. Soil Poisoning Lot 1.00 F. Disposal And Hauling Of Materials Lot 1.00 Iii. Structural/civil Works A. Concrete Works Structural Concrete Cu.m 369.38 Reinforcing Steel Including Ties Kgs 38,213.68 Formworks And Scaffoldings Sq.m 2,755.79 B. Roof Framing Works Lot 1.00 Iv. Architectural Works A. Masonry Works Sq.m 1,820.07 B. Ceiling Works Sq.m 650.00 C. Floor Finishes Sq.m 1,073.16 D. Wall Finishes Sq.m 1,820.07 E. Doors And Windows 1000x2100 Solid Wood (tanguile) Panel Door With 50x150mm Steel Jamb; Complete With Hardware And Accessories Keyed Entry Door Knob; Varnish Finish Sets 16.00 900x2100 Solid Wood (tanguile) Panel Door With Stainless Steel Kick Plate On 50x150mm Steel Jamb; Complete With Hardware And Accessories Keyed Entry Door Knob; Varnish Finish Sets 2.00 900x2100 Solid Wood (tanguile) Panel Door With 50x150mm Steel Jamb; Complete With Hardware And Accessories Keyed Entry Door Knob; Varnish Finish Sets 4.00 800x1200 Aluminum Panel Door On 50x150mm Steel Jamb; Complete With Hardware And Accessories Latch Lock Sets 14.00 800x2100 Solid Wood (tanguile) Panel Door 50x150mm Steel Jamb; Complete With Hardware And Accessories Keyed Entry Door Knob; Varnish Finish Sets 6.00 2400x1200 6mm Clear Ordinary Glasss On Powder Coated Aluminum Framed Sliding Type Window With 1"x1" Tubular Spaced @4in Window Grills Steel; Provide With Complete Hardware Accessories Sets 16.00 1150x1200 6mm Clear Ordinary Glasss On Powder Coated Aluminum Framed Sliding Type Window With 1"x1" Tubular Spaced @4in Window Grills Steel; Provide With Complete Hardware Accessories Sets 16.00 1200x1800 6mm Thk Tempered Glass On Powder Coated Aluminum Frame Fixed & Awning Type Window; Provide With Complete Hardware Accessories Sets 3.00 600x1600 6mm Clear Ordinary Glasss On Powder Coated Aluminum Framed Awning Type Window With 1"x1" Tubular Spaced @4in Window Grills Steel; Provide With Complete Hardware Accessories Sets 4.00 500x500 6mm Clear Ordinary Glasss On Powder Coated Aluminum Framed Awning Type Window With 1"x1" Tubular Spaced @4in Window Grills Steel; Provide With Complete Hardware Accessories Sets 2.00 F. Thermal & Moisture Protection Lot 1.00 G. Railings Lot 1.00 H. Tinsmithry Works Lot 1.00 Including Pe Insulation 10mm X Double Sided I. Miscellaneous Emergency Light. Twinhead Sets 12.00 White Board, 4'x8' With Eraser Sets 16.00 Teacher's Tables, Wooden With Cabinet Sets 8.00 Teacher's Chair Sets 8.00 Student Arm Chair, Plastic Sets 280.00 V. Electrical Works A. Roughing Ins Lot 1.00 B. Wires And Cables Lot 1.00 C. Lighting Fixtures Lot 1.00 D. Wiring Devices Lot 1.00 Vi. Mechanical Works Fire Extinguisher 10lbs Set 8.00 Fire Alarm Set 2.00 Exhaust Fan Set 6.00 Split-type Aircon, 2hp Set 2.00 Ceiling Fan Set 32.00 Consumables Lot 1.00 Folding Partition (pvc Accordion) Lot 1.00 Lavatory Counter Cabinets Lot 1.00 Viii. Plumbing Works A. Plumbing Fixtures Water Closet With Accessories (tank Type) Set 16.00 Urinal (with Privacy Partition) Set 8.00 Bidet Spray Set 16.00 Counter Lavatory With Granite And Accessories Set 18.00 Mirror Set 4.00 Lavatory Faucet Pcs 18.00 Hose Bibb Faucet Pcs 16.00 Tissue Paper Holder Pcs 16.00 Floor Drain Pcs 20.00 B. Sewer Line And Vent System Lot 1.00 C. Waterline System Lot 1.00 D. Storm Drainage System Lot 1.00 E. Others (tank) Ibc Tanks (1000l) - Rainwater Catchment Set 4.00 Water Tank - 1000l Set 2.00 Booster Pump, 1.5hp Set 1.00 Septic Tank Lot 1.00 Grand Total Cost (inclusive Of Ocm, Profit And Vat) I Hereby Certify To Comply With All The Above Technical Specifications As Per Prices Quoted In The Bill Of Quantities. Name Of Company/bidder Signature Over Printed Name Of Date Representatives Section Ix. Checklist Of Technical And Financial Documents Notes On The Checklist Of Technical And Financial Documents The Prescribed Documents In The Checklist Are Mandatory To Be Submitted In The Bid, But Shall Be Subject To The Following: A. Gppb Resolution No. 09-2020 On The Efficient Procurement Measures During A State Of Calamity Or Other Similar Issuances That Shall Allow The Use Of Alternate Documents In Lieu Of The Mandated Requirements; Or B. Any Subsequent Gppb Issuances Adjusting The Documentary Requirements After The Effectivity Of The Adoption Of The Pbds. The Bac Shall Be Checking The Submitted Documents Of Each Bidder Against This Checklist To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion Pursuant To Section 30 Of The 2016 Revised Irr Of Ra No. 9184. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages); Or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document; And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (e) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (f) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (g) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (h) Philippine Contractors Accreditation Board (pcab) License; Or Special Pcab License In Case Of Joint Ventures; And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (i) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And (j) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (k) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (l) The Prospective Bidder’s Audited Financial Statements, Showing, Among Others, The Prospective Bidder’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (m) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc). Class “b” Documents ⬜ (n) If Applicable, Duly Signed Joint Venture Agreement (jva) In Accordance With Ra No. 4566 And Its Irr In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (o) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (p) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (q) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ (r) Cash Flow By Quarter. Bid Form For The Procurement Of Infrastructure Projects [shall Be Submitted With The Bid] _________________________________________________________________________ Bid Form Date : _________________ Project Identification No. : _________________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Declare That: A. We Have No Reservation To The Pbds, Including The Supplemental Or Bid Bulletins, For The Procurement Project: [insert Name Of Contract]; B. We Offer To Execute The Works For This Contract In Accordance With The Pbds; C. The Total Price Of Our Bid In Words And Figures, Excluding Any Discounts Offered Below Is: [insert Information]; D. The Discounts Offered And The Methodology For Their Application Are: [insert Information]; E. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein And Reflected In The Detailed Estimates, F. Our Bid Shall Be Valid Within The A Period Stated In The Pbds, And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period; G. If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract, Or A Performance Securing Declaration In Lieu Of The The Allowable Forms Of Performance Security, Subject To The Terms And Conditions Of Issued Gppb Guidelines For This Purpose; H. We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; I. We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And J. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. K. We Likewise Certify/confirm That The Undersigned, Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For The [name Of Project] Of The [name Of The Procuring Entity]. L. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: ___________________________________________________________________ Legal Capacity: ____________________________________________________________ Signature: ________________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: __________________________________ Date: ___________________ [bidder’s Letterhead] Name Of The Procuring Entity : Bulacan Agricultural State College Project: 2024-01-infra: Construction Of 2-storey Agroforestry Building With Rainwater Catchment Facility Location Of The Project : Doña Remedios Trinidad, Bulacan List Of All Ongoing Government & Private Contracts Including Contracts Awarded But Not Yet Started Business Name : Business Address :______________________________________________________________________ Name Of Contract/ Project Cost A. Owner’s Name B. Address C. Telephone Nos. Nature Of Work Bidder’s Role A. Date Awarded B. Date Started C. Date Of Completion % Of Accomplishment Value Of Outstanding Works / Undelivered Portion Description % Planned Actual Government Private Note: This Statement Shall Be Supported With: Total Cost 1 Notice Of Award (for Government Projects) 2 Notice To Proceed (for Government Projects) 3 Contract Submitted By : (printed Name & Signature) Designation : Date : [bidder’s Letterhead] Name Of The Procuring Entity : Bulacan Agricultural State College Project: 2024-01-infra: Construction Of 2-storey Agroforestry Building With Rainwater Catchment Facility Location Of The Project : Doña Remedios Trinidad, Bulacan Statement Of Single Largest Completed Contracts (slcc) In The Last Five (5) Years Business Name : Business Address : Name Of Contract A. Owner Name B. Address C. Telephone Nos. Nature Of Work Contractor’s Role A. Amount At Award B. Amount At Completion C. Duration A. Date Awarded B. Contract Effectivity C. Date Completed Description % Government Private Attached Herewith Are The Following Documents: Contract Agreement, Notice Of Award, Notice To Proceed, Official Receipt/invoice, Certificate Of Final Inspection, And Certificate Of Acceptance, As Evidences In Support Of The Foregoing Information, Certificate Of Good Performance Submitted By : (printed Name & Signature) Designation : ____________________________________________ Contract Agreement Form This Agreement Made The _____ Day Of __________ 20_____ Between [name Of Procuring Entity] Of The Philippines (hereinafter Called “the Entity”) Of The One Part And [name Of Supplier] Of [city And Country Of Supplier] (hereinafter Called “the Supplier”) Of The Other Part: Whereas The Entity Invited Bids For Certain Goods And Ancillary Services, Viz., [brief Description Of Goods And Services] And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of [contract Price In Words And Figures] (hereinafter Called “the Contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Referred To. 2. The Following Documents Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: (a) The Supplier’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted (e.g. Bidder’s Response To Clarifications On The Bid), Including Corrections To The Bid Resulting From The Procuring Entity’s Bid Evaluation; (b) The Schedule Of Requirements; (c) The Technical Specifications; (d) The General Conditions Of Contract; (e) The Special Conditions Of Contract; (f) The Performance Security; And (g) The Entity’s Notice Of Award. 3. In Consideration Of The Payments To Be Made By The Entity To The Supplier As Hereinafter Mentioned, The Supplier Hereby Covenants With The Entity To Provide The Goods And Services And To Remedy Defects Therein In Conformity In All Respects With The Provisions Of The Contract 4. The Entity Hereby Covenants To Pay The Supplier In Consideration Of The Provision Of The Goods And Services And The Remedying Of Defects Therein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of The Contract At The Time And In The Manner Prescribed By The Contract. In Witness Whereof The Parties Hereto Have Caused This Agreement To Be Executed In Accordance With The Laws Of The Republic Of The Philippines On The Day And Year First Above Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Supplier) Omnibus Sworn Statement (revised) [shall Be Submitted With The Bid] _________________________________________________________________________ Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. [select One, Delete The Other:] [if A Sole Proprietorship:] I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. [select One, Delete The Other:] [if A Sole Proprietorship:] As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached Duly Notarized Special Power Of Attorney; [if A Partnership, Corporation, Cooperative, Or Joint Venture:] I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. [select One, Delete The Rest:] [if A Sole Proprietorship:] The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Partnership Or Cooperative:] None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; [if A Corporation Or Joint Venture:] None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Responsibilities As A Bidder In Compliance With The Philippine Bidding Documents, Which Includes: A. Carefully Examining All Of The Bidding Documents; B. Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C. Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D. Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. [insert Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice] Bid Securing Declaration Form [shall Be Submitted With The Bid If Bidder Opts To Provide This Form Of Bid Security] Republic Of The Philippines) City Of _______________________) S.s. Bid Securing Declaration Project Identification No.: [insert Number] To: [insert Name And Address Of The Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid Securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f),of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: A. Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; B. I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And C. I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. [[insert Name Of Bidder Or Its Authorized Representative] [insert Signatory’s Legal Capacity] Affiant [jurat] [format Shall Be Based On The Latest Rules On Notarial Practice] Net Financial Contracting Capacity Year 20 1 Total Assets 2 Current Assets 3 Total Liabilities 4 Current Liabilities 5 Net Worth (1-3) 6 Net Working Capital (2-4) The Net Financial Contracting Capacity (nfcc) Based On The Above Data Is Computed As Follows: Nfcc = [(current Assets – Current Liabilities) (15)] Minus Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. The Values Of The Domestic Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir. Nfcc = Php Submitted By: Name Of Bidder Signature Of Authorized Representative Over Printed Name Date: _______________________________________

Details: Description Philippine Bidding Documents Procurement Of Goods Government Of The Republic Of The Philippines Third Edition October 2009 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines (gop) For Use By All Branches, Agencies, Departments, Bureaus, Offices, Or Instrumentalities Of The Government, Including Government-owned And/or -controlled Corporations (goccs), Government Financial Institutions (gfis), State Universities And Colleges (sucs), And Local Government Units (lgus). The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Gop Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (a) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract; (b) The Eligibility Requirements Of Bidders, Such As Track Record To Be Determined By The Head Of The Procuring Entity; (c) The Expected Contract Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (d) The Obligations, Duties, And/or Functions Of The Winning Bidder. In Order To Simplify The Preparation Of The Bidding Documents For Each Procurement, The Pbds Groups The Provisions That Are Intended To Be Used Unchanged In Ii. Instructions To Bidders (itb) And In Section Iv. General Conditions Of Contract (gcc). Data And Provisions Specific To Each Procurement And Contract Should Be Included In Section Iii. Bid Data Sheet (bds); Section V. Special Conditions Of Contract (scc); Section Vi. Schedule Of Requirements; And Section Vii. Technical Specifications. The Forms To Be Used Are Provided In Section Viii. Bidding Forms. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. In Addition, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents, Except For The Notes Introducing Section Viii. Bidding Forms Where The Information Is Useful For The Bidder. The Following General Directions Should Be Observed When Using The Documents: (a) All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Project. (b) Specific Details, Such As The Name Of The Procuring Entity And Address For Bid Submission, Should Be Furnished In The Itb, Bds, And Scc. The Final Documents Should Contain Neither Blank Spaces Nor Options. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bds, Scc, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. The Bidding Documents Should Contain No Footnotes Except (c) Section Viii. Bidding Forms Since These Provide Important Guidance To Bidders. (d) The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Names Of The Project, Contract, And Procuring Entity, In Addition To Date Of Issue. (e) If Modifications Must Be Made To Bidding Procedures, They Can Be Presented In The Bds. Modifications For Specific Project Or Contract Details Should Be Provided In The Scc As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bds Or Scc These Terms Shall Be Printed In Bold Type Face On Section I. Instructions To Bidders And Section Iii. General Conditions Of Contract, Respectively. Table Of Contents Section I. Invitation To Bid 6 Section Ii. Instructions To Bidders 11 Section Iii. Bid Data Sheet 38 Section Iv. General Conditions Of Contract 51 Section V. Special Conditions Of Contract 66 Section Vi. Schedule Of Requirements 79 Section Vii. Technical Specifications 82 Section Viii. Bidding Forms 85 Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Sections 21.2.2 Of The Irr Of Ra 9184; (b) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website, The Website Of The Procuring Entity Concerned, If Available, And The Website Prescribed By The Foreign Government/foreign Or International Financing Institution, If Applicable, For A Minimum Period Of Seven (7) Calendar Days Starting On The Date Of Advertisement; And (c) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned For A Minimum Period Of Seven (7) Calendar Days, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned. Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bid Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; (b) The Place Where The Bidding Documents May Be Purchased Or The Website Where It May Be Downloaded; (c) The Deadline For The Submission And Receipt Of Bids From The Last Day Of Posting Of The Invitation To Bid; And (d) Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Invitation To Bid Should Be Incorporated Into The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Procurement Of Grocery Items For The Supplemental Feeding 1. Select One Of The Two Following Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: The Lgu-mapanas, Through The Department Of Social Welfare & Development Ro8-trust Fund Intends To Apply The Sum Of One Million One Hundered Twenty Five Thousand Four Hundred Three 20/100 Only (php1,125,403.20) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Pr No. 2024-11-094 Procurement Of Grocery Items For The Supplemental Feeding For Mswdo-mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Lgu-mapanas Now Invites Bids For Procurement Of Grocery Items For The Supplemental Feeding For Mswdo-lgu Mapanas, Northern Samar . Delivery Of The Goods Is Required 20 Calendar Days From Receipt Of Ntp. Bidders Should Have Completed, Within 20 Calendar From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Select One Of The Following Two Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”. In Addition, Select One Of The Two Following Paragraphs And Delete The Other Depending On The Existence Of Conditions Under Section 23.5.1.2 Of The Irr Of Ra 9184: (i) Select This Paragraph If Conditions (a), (c), And (d) Under Section 23.5.1.2 Of The Irr Of Ra 9184 Do Not Exist: Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra 5183 And Subject To Commonwealth Act 138. (ii) Select This Paragraph If Condition (a), (c), Or (d) Under Section 23.5.1.2 Of The Irr Of Ra 9184 Exists: Bidding Is Open To All Interested Bidders, Whether Local Or Foreign, Subject To The Conditions For Eligibility Provided In The Irr Of Ra 9184. B) If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Bidding Will Be Conducted In Accordance With Relevant Procedures For Open Competitive Bidding As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”, With Some Amendments, As Stated In These Bidding Documents And Is Open To All Bidders From Eligible Source Countries As Defined In The Applicable Guidelines Of The [state The Foreign Government/foreign Or International Financing Institution Concerned (e.g. Asian Development Bank, Japan International Cooperation Agency, Or World Bank)]. 4. Interested Bidders May Obtain Further Information From [insert Name Of The Procuring Entity] And Inspect The Bidding Documents At The Address Given Below During [insert Office Hours]. 5. Select One Of The Following Two Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders On November 13, 2024-december 02, 2024 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of Five Thousand Pesos Only (php5,000.00) It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. B) If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders On November 13, 2024-december 02, 2024 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of Five Thousand Pesos Only (php5,000.00) It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps), The Website Of The Procuring Entity, And Mapanasnorthernsamar.gov.ph, Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. Select One Of The Following Two Paragraphs, And Delete The Other: A) If The Procuring Entity Intends To Open The Pre-bid Conference To All Interested Bidders: The Lgu-mapanas Will Hold A Pre-bid Conference On November 22, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar Which Shall Be Open To All Interested Parties. B) If The Procuring Entity Intends To Limit The Pre-bid Conference To Bidders Who Have Purchased The Bidding Documents: The Lgu-mapanas Will Hold A Pre-bid Conference On November 22, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 7. Bids Must Be Delivered To The Address Below On Or Before December 03, 2024 At 9:00 A.m. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bid Opening Shall Be On December 03, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar . Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. Lgu-mapanas, Barangay Del Norte, Mapanas, Northern Samar 9. The Lgu-mapanas Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 10. For Further Information, Please Refer To: Reno C. Salazar Head Bac Secretariat Brgy. Del Norte, Mapanas, Northern Samar 6412 Renosalazar123@yahoo.com.ph Mapanasn.samar.gov.ph Ma. Teresa L. Minguez Bac Chairperson Cp # 09778033758 Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section Of The Bidding Documents Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Opening, Evaluation, And Award Of Contract. Section Ii Contains Provisions That Are To Be Used Unchanged. Section Iii Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information Or Requirements Included In Section Ii Which Are Specific To Each Procurement. Matters Governing Performance Of The Bidder, Payments, Or Those Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Not Normally Included In This Section, But Rather Under Section Iv. General Conditions Of Contract, And/or Section V. Special Conditions Of Contract. If Duplication Of A Subject Is Inevitable In The Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Table Of Contents A. General 14 1. Scope Of Bid 14 2. Source Of Funds 14 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 14 4. Conflict Of Interest 15 5. Eligible Bidders 16 6. Bidder’s Responsibilities 18 7. Origin Of Goods 20 8. Subcontracts 20 B. Contents Of Bidding Documents 20 9. Pre-bid Conference 20 10. Clarification And Amendment Of Bidding Documents 20 C. Preparation Of Bids 21 11. Language Of Bid 21 12. Documents Comprising The Bid: Eligibility And Technical Components 21 13. Documents Comprising The Bid: Financial Component 23 14. Alternative Bids 23 15. Bid Prices 23 16. Bid Currencies 25 17. Bid Validity 25 18. Bid Security 26 19. Format And Signing Of Bids 27 20. Sealing And Marking Of Bids 28 D. Submission And Opening Of Bids 28 21. Deadline For Submission Of Bids 28 22. Late Bids 29 23. Modification And Withdrawal Of Bids 29 24. Opening And Preliminary Examination Of Bids 29 E. Evaluation And Comparison Of Bids 31 25. Process To Be Confidential 31 26. Clarification Of Bids 31 27. Domestic Preference 31 28. Detailed Evaluation And Comparison Of Bids 32 29. Post-qualification 33 30. Reservation Clause 34 F. Award Of Contract 35 31. Contract Award 35 32. Signing Of The Contract 36 33. Performance Security 36 34. Notice To Proceed 37 A. General 1. Scope Of Bid 1.1. The Procuring Entity Named In The Bds (hereinafter Referred To As The “procuring Entity”) Wishes To Receive Bids For Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications (hereinafter Referred To As The “goods”). 1.2. The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019. (ii) “fraudulent Practice” Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; Or (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2. Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds: (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. Unless Otherwise Provided In The Bds, The Bidder Must Have Completed At Least One Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The National Statistics Office Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In 6.1. Section Viii. Bidding Forms As Required In Itb Clause 0. 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4. It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7. Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8. The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Comply With The Eligibility Criteria And The Documentary Requirements Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Goods Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarifications On Any Part Of The Bidding Documents For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bid The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class “a” Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within The Period Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Kinds Of Goods; (iii.4) Amount Of Contract And Value Of Outstanding Contracts; (iii.5) Date Of Delivery; And (iii.6) End User’s Acceptance Or Official Receipt(s) Issued For The Contract, If Completed. (iv) Audited Financial Statements, Stamped “received” By The Bureau Of Internal Revenue (bir) Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year, Which Should Not Be Earlier Than Two (2) Years From Bid Submission; (v) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class “b” Document: (vi) If Applicable, The Jva In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. (b) Technical Documents – (i) Bid Security In Accordance With Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond, It Shall Be Accompanied By A Certification By The Insurance Commission That The Surety Or Insurance Company Is Authorized To Issue Such Instruments; (ii) Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In (iii) Section Viii. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form, Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds. 13.2. Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 15. Bid Prices 15.1. The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: (a) For Goods Offered From Within The Procuring Entity’s Country: (i) The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable: (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. (b) For Goods Offered From Abroad: (i) Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. (ii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. 15.5. Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6. All Bid Prices Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1. Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security, Issued In Favor Of The Procuring Entity, In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Lgus, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period Or A Finding Against Their Veracity As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In 19.2. 19.3. 19.4. 19.5. 19.6. 19.7. Section Viii. Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.8. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.9. The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.10. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.11. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12 In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac In Accordance With Itb Clause 1.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification, Within Which To File A Request Or Motion For Reconsideration With The Bac: Provided, However, That The Motion For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Motion For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Motion For Reconsideration Or Protest Has Been Resolved. 24.8. The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison, And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Domestic Preference 27.1. Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2. A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3. A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 28.2. The Lowest Calculated Bid Shall Be Determined In Two Steps: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 28.5. Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form. 28.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 29. Post-qualification 29.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 29.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 29.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 29.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower. 29.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated Responsive Bid Is Determined For Contract Award. 29.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Goccs And Gfis, The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 30. Reservation Clause 30.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 30.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 30.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid (lcrb) Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 31. Contract Award 31.1. Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4. At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi. Schedule Of Requirements. 32. Signing Of The Contract 32.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 32.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 32.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 33.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.3. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Date Of The Bidder’s Receipt Of The Notice To Proceed Will Be Regarded As The Effective Date Of The Contract, Unless Otherwise Specified In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet Section Iii Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb Included In Section Ii, And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, The Applicable Rules Regarding Bid Price And Currency, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing Section Iii, The Following Aspects Should Be Checked: (a) Information That Specifies And Complements Provisions Of Section Ii Must Be Incorporated. (b) Amendments And/or Supplements, If Any, To Provisions Of Section Ii As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu-mapanas 1.2 The Lot(s) And Reference Is/are: Procurement Of Grocery Items For The Supplemental Feeding 2 The Funding Source Is: Select One, Delete The Other: If The Funding Source Is Gop: The Government Of The Philippines (gop) Through Annual Budget 2024 Of Dswd In The Amount Of One Million One Hundered Twenty Five Thousand Four Hundred Three Pesos Only (php1,125,403.20). Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: The [state The Foreign Government/foreign Or International Financing Institution, (e.g. Asian Development Bank, Japan International Cooperative Agency, Or World Bank)] Through [indicate The Loan/credit/grant No.] In The Amount Of [insert Amount Of Funds]. The Name Of The Project Is Procurement Of Grocery Items For The Supplemental Feeding 5.1 Select One, Delete The Other. If The Funding Source Is Gop, State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Eligible Bidders Are As Defined In The [state The Applicable Procurement Guidelines And, If Applicable, The Web Page Where It May Be Downloaded]. 5.2 Select One, Delete The Other. None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. Or Foreign Bidders May Participate In This Project In View Of The Following Circumstance(s): [state Which Of The Circumstance(s) Mentioned In The Itb Clause Exists In The Project.] 5.4 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And Insert Any Of The Following: For The Procurement Of Non-expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(iii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. Or For The Procurement Of Expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(iii), A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. Or For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of The Provisions Of Section 23.5.1.3 Of The Irr Of Ra 9184 Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: In View Of The Determination By The Procuring Entity That Imposition Of The Provisions Of Section 23.5.1.3 Of The Irr Of Ra 9184 Will Likely Result To [state “failure Of Bidding” Or “monopoly That Will Defeat The Purpose Of Public Bidding”], The Bidder Should Comply With The Following Requirements: A) Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least [state “fifty Percent (50%)” In The Case Of Non-expendable Supplies Or “twenty-five Percent (25%)” In The Case Of Expendable Supplies] Of The Abc For This Project; And B) The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain Itb Clause And State “no Further Instructions” Or Explain The Applicable Eligibility Criterion. For This Purpose, Similar Contracts Shall Refer To Procurement Of Grocery Items For The Supplemental Feeding “no Further Instructions”]. 5.5 Select One, Delete The Other. If The Contract Is Funded By Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain Itb Clause Or State The Relevant Eligibility Criterion. 6.3 Select One, Delete The Rest. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is The Adb, Jica, Or Wb, State The Following: Only Those Bids That Omit The Following Documents Will Be Automatically Rejected: (a) The Bid Security In Accordance With Itb Clause 17.2; (b) Financial Proposal Submission Sheet And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4. For All Other Omissions, The Procuring Entity Reserves The Right To Seek Clarification Of Bids In Accordance With Itb Clause 26 Or At Its Sole Discretion, To Reject The Bid If The Omission Is Regarded As A Matter Of Substance. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, List Documents The Omission Of Which Shall Result To The Outright Rejection And Disqualification Of Bids. 7 Select One, Delete The Rest. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is The Adb Using Ordinary Capital Or Special Funds Resources: Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries As Described In Guidelines For Procurement Under Asian Development Bank Loans And As Described On Asian Development Bank’s Web Page Www.adb.org If The Funding Source Is The Jica: Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries. In The Event That The Goods Offered By The Bidder Do Not Have Their Origin In Eligible Source Countries The Contract Will Still Be Eligible For Financing Under Jica Oda Loans If The Combined Costs Of Such Goods Are Less Than Fifty Percent (50%) Of The Price Of The Said Contract. If The Funding Source Is A Foreign Government Or A Foreign/ International Financing Institution, Maintain Itb Clause And State “no Further Instructions”, Or Indicate The List Of Eligible Source Countries As Origin Of Goods. 8.1 Select One, Delete The Other. If The Funding Source Is The Gop, State Either “subcontracting Is Not Allowed.” Or Specify The Portions Of Goods And The Maximum Percentage Allowed To Be Subcontracted. If The Funding Source Is A Foreign Government Or Another Foreign Or International Financing Institution, State Here The Maximum Percentage Of Goods Allowed To Be Subcontracted Or “no Further Instructions.” 8.2 If Subcontracting Is Allowed, Specify The Eligibility Criteria That Subcontractors Must Comply With, Including The Corresponding Documentary Requirements Therefor; Otherwise, State “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On December 03, 2024 At 10:00a.m At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar. Note: The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. 10.1 The Procuring Entity’s Address Is: Barangay Del Norte, Mapanas, Northern Samar Hon. Ronn Michael L. Tejano 09151109452 M_tejano@hotmail.com 12.1 Select One, Delete The Rest. If The Funding Source Is The Gop: No Further Instructions. If The Funding Source Is Adb Or Wb: No Eligibility Check. During Bid Opening, Technical Proposals That Lack Any Of The Following Documents Shall Be Rejected And Returned To The Bidder Together With Its Unopened Price Proposal: (a) Technical Proposal Submission Sheet; (b) Evidence Of Financial, Technical, And Production Capability; (c) Audited Financial Statements; (d) Nfcc Or Credit Line Certificate; (e) Bid Security; And (f) Authority Of The Signatory. If The Funding Source Is Jbic, State The Following: No Eligibility Check. All Documents Described In Itb Clause 12.1 Shall Be Included In The Technical Proposal. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Other Than Those Mentioned Above, Maintain The Itb Clause And State “no Further Instructions” Or State The Corresponding Eligibility Requirements, If Any. 12.1(a)(i) List Any Additional Acceptable Proof Of Registration Mentioned In The Itb Clause Or State “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iii) The Statement Of All Ongoing And Completed Government And Private Contracts Shall Include All Such Contracts Within [state Relevant Period As Provided In The Invitation To Bid] Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 List Any Additional Requirements Or State “no Additional Requirements” 13.2 Select One, Delete The Other. If The Funding Source Is The Gop: The Abc Is [insert Amount]. Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Adopt The Provision For Gop Or State The Applicable Rule. 15.4(a)(iii) List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.4(b) Maintain The Itb Clause And State Here “not Applicable”, “the Price Of The Goods Shall Be Quoted Ddp [state Place Of Destination]”, Or The Applicable Incoterm For This Project. List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.5 Select One, Delete The Rest. If The Funding Source Is The Gop Or Wb: Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. If The Funding Source Is The Jbic Or Adb, And The Contract Is Of Over Twelve (12) Months Duration, Insert The Appropriate Special Condition Of Contract And State The Following: Adjustments Are Authorized In Accordance With The Price Adjustment Provisions Specified In The Corresponding Scc Provision Of Gcc Clause 9. If The Funding Source Is A Foreign Government Or A Foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or Insert The Relevant Provision(s) And The Condition(s) Thereto, If Any. 15.6 If The Funding Source Is The Gop: Extraordinary Circumstances Refer To Events That May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions”, Otherwise, Specify The Extraordinary Circumstances Allowing Price Escalation. 16.1(b) Select One, Delete The Other: The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. Or The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted Either In Philippine Pesos Or United States Dollars At The Discretion Of The Bidder. 16.3 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Payment Shall Be Made In [insert Currency]. 17.1 Bids Will Be Valid Until 120 Calendar Days. 18.1 Select One, Delete The Rest. If The Funding Source Is The Gop Or Wb: The Bid Security Shall Be In The Following Amount: 1. 16,789.31, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. 41,973.29 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. If The Funding Source Is The Adb Or Jica: The Bid Security Shall Be In The Following Amount [insert 2.5% Of The Abc]. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions”, Or State The Acceptable Form/s Of Bid Security And The Amount Thereof. 18.2 The Bid Security Shall Be Valid Until [insert Date]. 18.5(a)(iv) If The Funding Source Is Gop Or Wb, Maintain The Itb Clause And Include The Following As Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. If The Funding Source Is Adb, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or State Additional Grounds For Forfeiture Of Bid Security. 18.5(b)(iii) Select One, Delete The Other. If The Funding Source Is Gop, Adb, Or Wb, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is Jbic, State The Following: Failure To Enter Into A Jv In The Form Submitted As Part Of The Bidders Bid If The Bid Is Made By Two Or More Potential Jv Partners. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain Itb Clause And State “no Further Instructions”, Or List The Additional Grounds For Forfeiture Of Bid Security Of A Successful Bidder. 20.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions”, Or State The Applicable Procedure For The Sealing And Marking Of Bids. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is At Bac Office, Brgy. Del Norte, Mapanas, Northern Samar. The Deadline For Submission Of Bids Is December 03, 2024 24.1 The Place Of Bid Opening Is At The Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar. The Date And Time Of Bid Opening Is December 03, 2024 At 10:00 A.m 25.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions”, Or Specify The Additional Conditions And/or Exceptions To The Rule, If Any. 27.1 Select One, Delete The Other. If The Funding Source Is The Gop, State “no Further Instructions.” If The Funding Source Is The Adb, Jbic, Or Wb: No Domestic Preference Is Applicable To National/local Competitive Bidding. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or Indicate Applicability Or Inapplicability Of Domestic Preference, As The Case May Be. 28.3 Select One, Delete The Other. If The Funding Source Is Gop Or Wb, Adopt The Following Provision: Grouping And Evaluation Of Lots – Lots Should Be Formed Of Similar Items That Are Likely To Attract The Maximum Competition. A Lot Is The Quantity And Number Of Items That Will Be Included In A Single Contract. For Example: Option 1 – Each Item To Be Evaluated And Compared With Other Bids Separately And Recommended For Contract Award Separately. Option 2 - All Items To Be Grouped Together To Form One Complete Lot That Will Be Awarded To One Bidder To Form One Complete Contract. Option 3 - Similar Items, To Be Grouped Together To Form Several Lots That Shall Be Evaluated And Awarded As Separate Contracts. Select One Of The Following Paragraphs And Delete The Other: The Goods Are Grouped In A Single Lot And The Lot Shall Not Be Divided Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. Or All Goods Are Grouped In Lots Listed Below. Bidders Shall Have The Option Of Submitting A Proposal On Any Or All Lots And Evaluation And Contract Award Will Be Undertaken On A Per Lot Basis. Lots Shall Not Be Divided Further Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. [insert Grouping Of Lots] Note: If Funding Source Is Adb Or Jica, Adopt Only The Provision On Grouping And Evaluation Of Lots Mentioned Above And Delete The Rest. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions” Or, Insert Applicable Provisions. 28.3(b) State Whether Bid Modification Is Allowed Or Not. 28.5 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Jbic, Or Wb: Select One, Delete The Other. No Additional Criteria Or In Addition To The Criteria Listed In Itb Clause 28.3 And 28.5, The Following Applicable Additional Criteria And Its Corresponding Quantification Method Specified In This Clause Will Be Used To Evaluate And Compare Bids: Delivery Schedule – If The Funding Source Is Adb Or Jica, Select One Quantification Method For This Criterion And Delete The Rest. If The Funding Source Is Wb, The Clause On This Criterion May Be Deleted If Not Applicable. The Procuring Entity Requires That The Goods Under The Invitation To Bid Shall Be Delivered (shipped) At The Time Specified In Section Vi. Schedule Of Requirements. The Estimated Time Of Arrival Of The Goods At The Project Site Will Be Calculated For Each Bid After Allowing For Reasonable International And Inland Transportation Time. Treating The Bid Resulting In The Earliest Time Of Arrival As The Base, A Delivery “adjustment” Will Be Calculated For Other Bids By Applying A [insert Percentage] Of The Exw Plus Delivery To Final Destination/ddp Price For Each Week Of Delay Beyond The Base, And This Will Be Added To The Bid Price For Evaluation. No Credit Shall Be Given To Early Delivery. Or The Goods Covered Under The Invitation To Bid Are Required To Be Delivered (shipped) Within An Acceptable Range Of Weeks Specified In The Schedule Of Requirement. No Credit Will Be Given To Earlier Deliveries, And Bids Offering Delivery Beyond This Range Will Be Treated As Non-responsive. Within This Acceptable Range, An Adjustment Per Week Of [insert Percentage] Will Be Added For Evaluation To The Bid Price Of Bids Offering Deliveries Later Than The Earliest Delivery Period Specified In Section Vi. Schedule Of Requirements. Or The Goods Covered Under The Invitation To Bid Are Required To Be Delivered (shipped) In Partial Shipments, As Specified In Section Vi. Schedule Of Requirements. Bids Offering Deliveries Earlier Or Later Than The Specified Deliveries Will Be Adjusted In The Evaluation By Adding To The Bid Price A Factor Equal To [insert Percentage] Of Deliveries Price Per Week Of Variation From The Specified Delivery Schedule. Cost Of Spare Parts – If The Funding Source Is Adb Or Jica, Select One Quantification Method For This Criterion And Delete The Rest. If The Funding Source Is Wb, The Clause On This Criterion May Be Deleted If Not Applicable. The List Of Items And Quantities Of Major Assemblies, Components, And Selected Spare Parts, Likely To Be Required During The Initial Period Of Operation For [insert Period Of Operation] Is Annexed To The Technical Specifications. The Total Cost Of These Items, At The Unit Prices Quoted In Each Bid, Will Be Added To The Bid Price. Or The Procuring Entity Will Draw Up A List Of High-usage And High-value Items Of Components And Spare Parts, Along With Estimated Quantities Of Usage In The Initial Period Of Operation For [insert Period Of Operation]. The Total Cost Of These Items And Quantities Will Be Computed From Spare Parts Unit Prices Submitted By The Bidder And Added To The Bid Price. Or The Procuring Entity Will Estimate The Cost Of Spare Parts Usage In The Initial Period Of Operation For [insert Period Of Operation] Based On The Information Furnished By Each Bidder, As Well As On Past Experience Of The Procuring Entity Or Other Procuring Entities In Similar Situations. Such Costs Shall Be Added To The Bid Price For Evaluation. Volume And Period Of Manufacture – Any Of The Paragraphs Under This Criterion May Be Deleted If Not Applicable And Retained If Otherwise. The Goods Must Have Been Manufactured For A Period Of Not Less Than [insert Number Of Years] Immediately Preceding The Date Of Bid Opening. The Minimum Number Of Units Sold In The Philippines Must Be [insert Number] And The Minimum Number Of Units Sold Worldwide Must Be [insert Number]. The Procuring Entity Shall Compare Bids On The Basis Of A Lot Or A Combination Of Lots Or As A Total Of All Lots In A Manner Most Advantageous To The Procuring Entity. 29.2(b) Specify Whether Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 29.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 32.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity. 34.2 The Effective Date Of The Contract Is [insert Date]. Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The Gcc In Section Iv, Read In Conjunction With The Scc In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. The Gcc Herein Shall Not Be Altered. Any Changes And Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Scc In Section V. Table Of Contents 1. Definitions 54 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 55 3. Inspection And Audit By The Funding Source 56 4. Governing Law And Language 56 5. Notices 56 6. Scope Of Contract 56 7. Subcontracting 56 8. Procuring Entity’s Responsibilities 57 9. Prices 57 10. Payment 57 11. Advance Payment 58 12. Taxes And Duties 58 13. Performance Security 58 14. Use Of Contract Documents And Information 59 15. Standards 59 16. Inspection And Tests 59 17. Warranty 60 18. Delays In The Supplier’s Performance 61 19. Liquidated Damages 61 20. Settlement Of Disputes 62 21. Liability Of The Supplier 62 22. Force Majeure 62 23. Termination For Default 63 24. Termination For Insolvency 63 25. Termination For Convenience 64 26. Termination For Unlawful Acts 64 27. Procedures For Termination Of Contracts 65 28. Assignment Of Rights 66 29. Contract Amendment 66 30. Application 66 1. Definitions 1.1. In This Contract, The Following Terms Shall Be Interpreted As Indicated: (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc. (j) The “funding Source” Means The Organization Named In The Scc. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc. (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1. The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 2.2. Further The Funding Source, Borrower Or Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Any Of The Practices Mentioned In Gcc Clause 2.1(a). 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1. Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2. A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1. The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi. Schedule Of Requirements. 6.2. This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc. 7. Subcontracting 7.1. Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 7.2. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 8. Procuring Entity’s Responsibilities 8.1. Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2. The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc. 10. Payment 10.1. Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2. The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3. Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4. Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1. Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. For Goods Supplied From Abroad, Ten Percent (10%) Of The Contract Price Shall Be Paid Within Sixty (60) Calendar Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee Issued By A Licensed Bank For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In 11.2. Section Viii. Bidding Forms. 11.3. All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1. Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4. Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 13.5. In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 14. Use Of Contract Documents And Information 14.1. The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2. Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1 Shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii. Technical Specifications; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1. The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And Section Vii. Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. 16.2. If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3. The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4. The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5. The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1. The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2. The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least Ten Percent (10%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least Ten Percent (10%) Of The Contract Price Or Other Such Amount If So Specified In The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity. 17.5. If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law. 18. Delays In The Supplier’s Performance 18.1. Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi. Schedule Of Requirements. 18.2. If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3. Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clauses 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In The Scc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2. If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3. Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4. Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5. Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21. Liability Of The Supplier 21.1. Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2. Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1. The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 22.3. If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation: (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract. 23.2. In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3. In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. 25. Termination For Convenience 25.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 25.2. The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3. If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1. The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1. The Following Provisions Shall Govern The Procedures For Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Supplier’s Receipt Of The Notice; (f) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc. The Provisions Of This Section Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: (a) Information That Complements Provisions Of Section Iv Must Be Incorporated. (b) Amendments And/or Supplements To Provisions Of Section Iv, As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of Section Iv Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 1.1(g) The Procuring Entity Is Lgu-mapanas 1.1(i) The Supplier Is [to Be Inserted At The Time Of Contract Award]. 1.1(j) The Funding Source Is: Dswd-trust Fund Select One Of The Following, Delete The Other: If The Funding Source Is The Gop: The Government Of The Philippines (gop) Through [indicate Source Of Funding And Year] In The Amount Of [insert Amount Of Funds]. Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: The [indicate The Name Of The Foreign Government/foreign Or International Financing Institution] Through [indicate The Loan/credit/grant No.] In The Amount Of [insert Amount Of Funds]. 1.1(k) The Project Site Is Lgu-mapanas, Barangay Del Norte, Mapanas, Northern Samar. For Multiple Sites State “the Project Sites Are Defined In Section Vi. Schedule Of Requirements”] 5.1 The Procuring Entity’s Address For Notices Is: Barangay Del Norte, Mapanas, Northern Samar Reno C. Salazar, Head Bac Secretariat Cp # 09459852914 The Supplier’s Address For Notices Is: [insert Address Including, Name Of Contact, Fax And Telephone Number] 6.2 List Here Any Additional Requirements For The Completion Of This Contract. The Following Requirements And The Corresponding Provisions May Be Deleted, Amended, Or Retained Depending On Its Applicability To This Contract: Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: For Foreign Suppliers, State “the Delivery Terms Applicable To The Contract Are Ddp Delivered [insert Place Of Destination]. In Accordance With Incoterms.” For Domestic Suppliers, State “the Delivery Terms Applicable To This Contract Are Delivered [insert Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi. Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: For Goods Supplied From Within The Philippines Or By Domestic Suppliers: Upon Delivery Of The Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt, Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Goods Supplied From Abroad (excluding Domestic Suppliers): Upon Shipment, The Supplier Shall Notify The Procuring Entity And The Insurance Company By Cable The Full Details Of The Shipment, Including Contract Number, Description Of The Goods, Quantity, Vessel, Bill Of Lading Number And Date, Port Of Loading, Date Of Shipment, Port Of Discharge Etc. Upon Delivery To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents As Applicable With The Documentary Requirements Of Any Letter Of Credit Issued Taking Precedence: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Of The Negotiable, Clean Shipped On Board Bill Of Lading Marked “freight Pre-paid” And Five Copies Of The Non-negotiable Bill Of Lading ; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Procuring Entity’s Representative At The Project Site; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is [insert Name(s)]. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: Select Appropriate Requirements And Delete The Rest. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: Select Appropriate Requirements And Delete The Rest. (a) Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (b) In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts Required Are Listed In Section Vi. Schedule Of Requirements And The Cost Thereof Are Included In The Contract Price The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spares For The Goods For A Period Of [insert Here The Time Period Specified. If Not Used Insert Time Period Of Three Times The Warranty Period]. Other Spare Parts And Components Shall Be Supplied As Promptly As Possible, But In Any Case Within 25 Calendar Days Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 9 Select One, Delete The Other. If The Funding Source Is The Gop Or Wb, State The Following: For The Given Scope Of Work In This Contract As Awarded, All Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. For Contracts Of More Than Twelve (12) Months Duration Funded By The Adb Or The Jbic, State The Following: Prices Payable To The Supplier, As Stated In The Contract, Shall Be Subject To Adjustment During Performance Of The Contract To Reflect Changes In The Cost Of Labor And Material Components In Accordance With The Following Formula, To Be Computed Starting The Thirteenth (13th) Month: In Which: Δp = Adjustment Amount Payable To The Supplier. P0 = Contract Price (base Price). A = Fixed Element Representing Profits And Overheads Included In The Contract Price And Generally In The Range Of Five (5) To Fifteen (15) Percent. B = Estimated Percentage Of Labor Component In The Contract Price. C = Estimated Percentage Of Material Component In The Contract Price. L0, L1 = Labor Indices Applicable To The Appropriate Industry In The Country Of Origin On The Base Date And Date For Adjustment, Respectively. M0, M1 = Material Indices For The Major Raw Material On The Base Date And Date For Adjustment, Respectively, In The Country Of Origin. The Coefficients A, B, And C Shall Be Specified By The Procuring Entity In The Bidding Documents. The Sum Of The Three Coefficients Should Be One (1) In Every Application Of The Formula. The Bidder Shall Indicate The Source Of The Indices And The Base Date Indices In Its Bid. Base Date = Start Of The Thirteenth Month. Date Of Adjustment = Weeks Prior To Date Of Shipment (representing The Mid-point Of The Period Of Manufacture). The Above Price Adjustment Formula Shall Be Invoked By Either Party Subject To The Following Further Conditions: (a) Price Adjustment Will Be Applied Only If The Resulting Increase Or Decrease Is More Than ____ Percent Of The Contract Price. [two Percent (2%) Would Be An Acceptable Percentage.] (b) No Price Adjustment Shall Be Allowed Beyond The Original Delivery Dates Unless Specifically Stated In The Extension Letter. As A Rule, No Price Adjustment Shall Be Allowed For Periods Of Delay For Which The Supplier Is Entirely Responsible. The Procuring Entity Will However Be Entitled To Any Decrease In The Prices Of The Goods And Services Subject To Adjustment. (c) The Total Adjustment Under This Clause Shall Be Subject To A Ceiling Of Plus Or Minus Percent Of The Contract Price. [ten Percent (10%) Would Be An Acceptable Percentage.] (d) If The Currency In Which The Contract Price (p0) Is Expressed Is Different From The Currency Of Origin Of The Labor And Material Indices, A Correction Factor Will Be Applied To Avoid Incorrect Adjustments Of The Contract Price. The Correction Factor Shall Correspond To The Ratio Of Exchange Rates Between The Two Currencies On The Base Date And The Date For Adjustment As Defined Above. (e) No Price Adjustment Shall Be Payable On The Portion Of The Contract Price Paid To The Supplier As Advance Payment. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Gcc Clause And State “no Further Instructions,” Or Specify The Conditions For Price Adjustment And The Corresponding Provisions Therefor, If Any. 10.1 Select One And Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Jbic, Or Wb, Use The Following Clause: For Goods Supplied From Abroad: I. On Contract Signature: Ten Percent (10%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In The Bidding Documents. Ii. On Delivery: Seventy Percent (70%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. Iii. On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Gcc Clause And State “no Further Instructions”, Or Specify The Requirements Or Conditions Necessary Prior To Payment Of Contract. 10.4 Select One And Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, State The Following: The Currency(ies) Of Payment Shall Be [insert Currencies Of Payment]. 13.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Gcc Clause And State “no Further Instructions,” Otherwise, Specify The Acceptable Form(s) With The Corresponding Amount(s) Of The Performance Security. 13.4 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Use The Following Clause: After Delivery And Acceptance Of The Goods, The Performance Security Shall Be Reduced To Two Percent (2%) Of The Contract Price To Cover The Supplier’s Warranty Obligations In Accordance With Gcc Clause 1. 13.4(c) Specify Additional Conditions, If Any, That Must Be Met Prior To The Release Of The Performance Security, Otherwise, State “no Further Instructions”. 16.1 The Inspections And Tests That Will Be Conducted Are: [insert The Applicable Inspections And Tests, If None, State “none”]. 17.3 Select One, Delete The Other. If The Funding Source Is Gop And The Goods Pertain To Expendable Supplies: Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed, Whichever Is Earlier. If The Funding Source Is Gop And The Goods Pertain To Non-expendable Supplies: One (1) Year After Acceptance By The Procuring Entity Of The Delivered Goods. If A Warranty Period Of Longer Than One Year Is Required And The Funding Source Is The Adb, Jbic, Or Wb, Insert The Following: In Partial Modification Of The Provisions, The Warranty Period Shall _____ Months From Date Of Acceptance Of The Goods Or (_____) Months From The Date Of Shipment, Whichever Occurs Earlier. 17.4 And 17.5 The Period For Correction Of Defects In The Warranty Period Is [insert Number Of Days]. 0 The Applicable Rate Is One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” If The Funding Is Adb Delete The Above Paragraph And Insert The Following: All Disputes Arising In Connection With The Present Contract Shall Be Finally Settled Under The Rules Of Conciliation And Arbitration Of The International Chamber Of Commerce By One Or More Arbitrators Appointed In Accordance With Said Rules. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution State The Applicable Rule On Dispute Settlement. 21.1 State Here “no Additional Provision.” Or, If The Consultant Is A Joint Venture, “all Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity.” Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. The Delivery Of Grocery Items Is 20 Calendar Days From The Receipt Of The Ntp. Item No. Unit Quantity Description 1 Trays 376 Egg Large 2 Kilos 180 Chicken Lean Cut 3 Kilos 100 Onion Med Size 4 Kilos 100 Garlic Med Size 5 Kilos 240 Ginger 6 Kilos 200 Carrot Med Size 7 Kilos 520 Squash, Fruits, Med Size 8 Kilos 130 Potato 9 Kilos 130.9 Sweet Potato, Med Size 10 Kilos 130.9 Banana Saba 11 Pcs 250.4 Lumpia Wrapper 12 Kilos 160 Munggo Beans, Green Dry 13 Pcs 989 Misua Noodles, 250g 14 Pcs 989 Sotanghon Noodles, 250g 15 Pcs 350 All Purpose Flour 16 Kilos 64 Cornstarch 17 Bots 1,026 Cooking Oil Coconut 18 Cans 1009 Corned Beef 150 Grams 19 Cans 1009 Evaporated Milk 140 Ml 20 Cans 608 Condensed Milk 160 Ml 21 Pcs 5008 Instant Oatmeal 33 Grams 22 Packs 1000 Spaghetti Past 200 Grams 23 Packs 1000 Spaghetti Sauce 250 Grams 24 Kilos 1000 Macaroni Pasta Elbow 200 G 25 Kilos 9 Sugar Brown 26 Sacks 15 Rice White Will Milled Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured.. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. Technical Specifications Item Specification Statement Of Compliance Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Section Viii. Bidding Forms Notes On The Bidding Forms The Bidder Shall Complete And Submit With Its Bid The Bid Form And Price Schedules In Accordance With Itb Clause 15 With The Requirements Of The Bidding Documents And The Format Set Out In This Section. When Requested In The Bds, The Bidder Should Provide The Bid Security, Either In The Form Included Hereafter Or In Another Form Acceptable To The Entity, Pursuant To Itb Clause 18.1. The Contract Agreement Form, When It Is Finalized At The Time Of Contract Award, Should Incorporate Any Corrections Or Modifications To The Accepted Bid Resulting From Price Corrections. The Price Schedule And Schedule Of Requirements Deemed To Form Part Of The Contract Should Be Modified Accordingly. The Performance Security Form And Bank Guarantee Form For Advance Payment Should Not Be Completed By The Bidders At The Time Of Their Bid Preparation. Only The Successful Bidder Will Be Required To Provide Performance Security And Bank Guarantee For Advance Payment In Accordance With One Of The Forms Indicated Herein Or In Another Form Acceptable To The Procuring Entity And Pursuant To Gcc Clause 13 And Its Corresponding Scc Provision. The Sworn Affidavit Must Be Completed By All Bidders In Accordance With Itb Clause 4.2 Failure To Do So And Submit It With The Bid Shall Result In The Rejection Of The Bid And The Bidder’s Disqualification. Table Of Contents Bid Form 87 Contract Agreement Form 91 Omnibus Sworn Statement 92 Bank Guarantee Form For Advance Payment 94 Bid Form Date: Invitation To Bid No: To: Lgu-mapanas, Northern Samar Barangay Del Norte, Mapanas, Northern Samar Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Bidding Documents For The Sum Of [total Bid Amount In Words And Figures] Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. Dated This ________________ Day Of ________________ 20______. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ For Goods Offered From Abroad Name Of Bidder . Invitation To Bid Number __. Page Of . 1 2 3 4 5 6 7 8 9 Item Description Country Of Origin Quantity Unit Price Cif Port Of Entry (specify Port) Or Cip Named Place (specify Border Point Or Place Of Destination) Total Cif Or Cip Price Per Item (col. 4 X 5) Unit Price Delivered Duty Unpaid (ddu) Unit Price Delivered Duty Paid (ddp) Total Price Delivered Ddp (col 4 X 8) For Goods Offered From Within The Philippines Name Of Bidder . Invitation To Bid Number . Page Of . 1 2 3 4 5 6 7 8 9 10 Item Description Country Of Origin Quantity Unit Price Exw Per Item Cost Of Local Labor, Raw Material, And Component2 Total Price Exw Per Item (cols. 4 X 5) Unit Prices Per Item Final Destination And Unit Price Of Other Incidental Services Sales And Other Taxes Payable Per Item If Contract Is Awarded Total Price Delivered Final Destination (col 8 + 9) X 4 Contract Agreement Form This Agreement Made The _____ Day Of __________ 20_____ Between [name Of Procuring Entity] Of The Philippines (hereinafter Called “the Entity”) Of The One Part And [name Of Supplier] Of [city And Country Of Supplier] (hereinafter Called “the Supplier”) Of The Other Part: Whereas The Entity Invited Bids For Certain Goods And Ancillary Services, Viz., [brief Description Of Goods And Services] And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of [contract Price In Words And Figures] (hereinafter Called “the Contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Referred To. 2. The Following Documents Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: (a) The Bid Form And The Price Schedule Submitted By The Bidder; (b) The Schedule Of Requirements; (c) The Technical Specifications; (d) The General Conditions Of Contract; (e) The Special Conditions Of Contract; And (f) The Entity’s Notification Of Award. 3. In Consideration Of The Payments To Be Made By The Entity To The Supplier As Hereinafter Mentioned, The Supplier Hereby Covenants With The Entity To Provide The Goods And Services And To Remedy Defects Therein In Conformity In All Respects With The Provisions Of The Contract 4. The Entity Hereby Covenants To Pay The Supplier In Consideration Of The Provision Of The Goods And Services And The Remedying Of Defects Therein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of The Contract At The Time And In The Manner Prescribed By The Contract. In Witness Whereof The Parties Hereto Have Caused This Agreement To Be Executed In Accordance With The Laws Of The Republic Of The Philippines On The Day And Year First Above Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Supplier). Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Bank Guarantee Form For Advance Payment To: [name And Address Of Procuring Entity] [name Of Contract] Gentlemen And/or Ladies: In Accordance With The Payment Provision Included In The Special Conditions Of Contract, Which Amends Clause 10 Of The General Conditions Of Contract To Provide For Advance Payment, [name And Address Of Supplier] (hereinafter Called The “supplier”) Shall Deposit With The Procuring Entity A Bank Guarantee To Guarantee Its Proper And Faithful Performance Under The Said Clause Of The Contract In An Amount Of [amount Of Guarantee In Figures And Words]. We, The [bank Or Financial Institution], As Instructed By The Supplier, Agree Unconditionally And Irrevocably To Guarantee As Primary Obligator And Not As Surety Merely, The Payment To The Procuring Entity On Its First Demand Without Whatsoever Right Of Objection On Our Part And Without Its First Claim To The Supplier, In The Amount Not Exceeding [amount Of Guarantee In Figures And Words]. We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract To Be Performed Thereunder Or Of Any Of The Contract Documents Which May Be Made Between The Procuring Entity And The Supplier, Shall In Any Way Release Us From Any Liability Under This Guarantee, And We Hereby Waive Notice Of Any Such Change, Addition, Or Modification. This Guarantee Shall Remain Valid And In Full Effect From The Date Of The Advance Payment Received By The Supplier Under The Contract Until [date]. Yours Truly, Signature And Seal Of The Guarantors [name Of Bank Or Financial Institution] [address] [date]

Details: Description Catering Services - 2 Days Philippine Bidding Documents Procurement Of Goods Government Of The Republic Of The Philippines Third Edition October 2009 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines (gop) For Use By All Branches, Agencies, Departments, Bureaus, Offices, Or Instrumentalities Of The Government, Including Government-owned And/or -controlled Corporations (goccs), Government Financial Institutions (gfis), State Universities And Colleges (sucs), And Local Government Units (lgus). The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Gop Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (a) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract; (b) The Eligibility Requirements Of Bidders, Such As Track Record To Be Determined By The Head Of The Procuring Entity; (c) The Expected Contract Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (d) The Obligations, Duties, And/or Functions Of The Winning Bidder. In Order To Simplify The Preparation Of The Bidding Documents For Each Procurement, The Pbds Groups The Provisions That Are Intended To Be Used Unchanged In Ii. Instructions To Bidders (itb) And In Section Iv. General Conditions Of Contract (gcc). Data And Provisions Specific To Each Procurement And Contract Should Be Included In Section Iii. Bid Data Sheet (bds); Section V. Special Conditions Of Contract (scc); Section Vi. Schedule Of Requirements; And Section Vii. Technical Specifications. The Forms To Be Used Are Provided In Section Viii. Bidding Forms. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. In Addition, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents, Except For The Notes Introducing Section Viii. Bidding Forms Where The Information Is Useful For The Bidder. The Following General Directions Should Be Observed When Using The Documents: (a) All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Project. (b) Specific Details, Such As The Name Of The Procuring Entity And Address For Bid Submission, Should Be Furnished In The Itb, Bds, And Scc. The Final Documents Should Contain Neither Blank Spaces Nor Options. This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bds, Scc, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. The Bidding Documents Should Contain No Footnotes Except (c) Section Viii. Bidding Forms Since These Provide Important Guidance To Bidders. (d) The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Names Of The Project, Contract, And Procuring Entity, In Addition To Date Of Issue. (e) If Modifications Must Be Made To Bidding Procedures, They Can Be Presented In The Bds. Modifications For Specific Project Or Contract Details Should Be Provided In The Scc As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bds Or Scc These Terms Shall Be Printed In Bold Type Face On Section I. Instructions To Bidders And Section Iii. General Conditions Of Contract, Respectively. Table Of Contents Section I. Invitation To Bid 6 Section Ii. Instructions To Bidders 10 Section Iii. Bid Data Sheet 37 Section Iv. General Conditions Of Contract 50 Section V. Special Conditions Of Contract 65 Section Vi. Schedule Of Requirements 78 Section Vii. Technical Specifications 78 Section Viii. Bidding Forms 81 Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Sections 21.2.2 Of The Irr Of Ra 9184; (b) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website, The Website Of The Procuring Entity Concerned, If Available, And The Website Prescribed By The Foreign Government/foreign Or International Financing Institution, If Applicable, For A Minimum Period Of Seven (7) Calendar Days Starting On The Date Of Advertisement; And (c) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned For A Minimum Period Of Seven (7) Calendar Days, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned. Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bid Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; (b) The Place Where The Bidding Documents May Be Purchased Or The Website Where It May Be Downloaded; (c) The Deadline For The Submission And Receipt Of Bids From The Last Day Of Posting Of The Invitation To Bid; And (d) Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Invitation To Bid Should Be Incorporated Into The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Procurement Of Catering Services For The Year-end Performance Assessment (yepa) & Team Building. 1. Select One Of The Two Following Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: The Lgu-mapanas, Through The Annual Budget Of 2024 Of General Fund Intends To Apply The Sum Of Six Hundred Thousand Pesos Only (php600,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Pr No. 2024-11-097 Procurement Of 2 Days Catering Services For The Year-end Performance Assessment (yepa) & Team Building Of Lgu Employees And Officials Of Lgu-mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Lgu-mapanas Now Invites Bids For Procurement Of 2 Days Catering Services For The Year-end Performance Assessment (yepa) & Team Building Of Lgu Employees And Officials Of Lgu-mapanas, N. Samar. . Delivery Of The Goods Is Required 20 Calendar Days From Receipt Of Ntp. Bidders Should Have Completed, Within 30 Calendar From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Select One Of The Following Two Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”. In Addition, Select One Of The Two Following Paragraphs And Delete The Other Depending On The Existence Of Conditions Under Section 23.5.1.2 Of The Irr Of Ra 9184: (i) Select This Paragraph If Conditions (a), (c), And (d) Under Section 23.5.1.2 Of The Irr Of Ra 9184 Do Not Exist: Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra 5183 And Subject To Commonwealth Act 138. (ii) Select This Paragraph If Condition (a), (c), Or (d) Under Section 23.5.1.2 Of The Irr Of Ra 9184 Exists: Bidding Is Open To All Interested Bidders, Whether Local Or Foreign, Subject To The Conditions For Eligibility Provided In The Irr Of Ra 9184. B) If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Bidding Will Be Conducted In Accordance With Relevant Procedures For Open Competitive Bidding As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”, With Some Amendments, As Stated In These Bidding Documents And Is Open To All Bidders From Eligible Source Countries As Defined In The Applicable Guidelines Of The [state The Foreign Government/foreign Or International Financing Institution Concerned (e.g. Asian Development Bank, Japan International Cooperation Agency, Or World Bank)]. 4. Interested Bidders May Obtain Further Information From [insert Name Of The Procuring Entity] And Inspect The Bidding Documents At The Address Given Below During [insert Office Hours]. 5. Select One Of The Following Two Paragraphs, And Delete The Other Depending On The Funding Source: A) If The Funding Source Is Gop: A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders On November 14, 2024-december 02, 2024 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of One Thousand Pesos Only (php1,000.00) It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. B) If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders On November 14, 2024-december 03, 2024 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of One Thousand Pesos Only (php1,000.00) It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps), The Website Of The Procuring Entity, And Mapanasnorthernsamar.gov.ph, Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. Select One Of The Following Two Paragraphs, And Delete The Other: A) If The Procuring Entity Intends To Open The Pre-bid Conference To All Interested Bidders: The Lgu-mapanas Will Hold A Pre-bid Conference On November 22, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar Which Shall Be Open To All Interested Parties. B) If The Procuring Entity Intends To Limit The Pre-bid Conference To Bidders Who Have Purchased The Bidding Documents: The Lgu-mapanas Will Hold A Pre-bid Conference On November 22, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 7. Bids Must Be Delivered To The Address Below On Or Before December 03, 2024 At 9:00 A.m. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bid Opening Shall Be On December 03, 2024 At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar . Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. Lgu-mapanas, Barangay Del Norte, Mapanas, Northern Samar 9. The Lgu-mapanas Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 10. For Further Information, Please Refer To: Reno C. Salazar Head Bac Secretariat Brgy. Del Norte, Mapanas, Northern Samar 6412 Renosalazar123@yahoo.com.ph Mapanasn.samar.gov.ph Ma. Teresa L. Minguez Bac Chairperson Cp # 09778033758 Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section Of The Bidding Documents Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Opening, Evaluation, And Award Of Contract. Section Ii Contains Provisions That Are To Be Used Unchanged. Section Iii Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information Or Requirements Included In Section Ii Which Are Specific To Each Procurement. Matters Governing Performance Of The Bidder, Payments, Or Those Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Not Normally Included In This Section, But Rather Under Section Iv. General Conditions Of Contract, And/or Section V. Special Conditions Of Contract. If Duplication Of A Subject Is Inevitable In The Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Table Of Contents A. General 13 1. Scope Of Bid 13 2. Source Of Funds 13 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 13 4. Conflict Of Interest 14 5. Eligible Bidders 15 6. Bidder’s Responsibilities 17 7. Origin Of Goods 19 8. Subcontracts 19 B. Contents Of Bidding Documents 19 9. Pre-bid Conference 19 10. Clarification And Amendment Of Bidding Documents 19 C. Preparation Of Bids 20 11. Language Of Bid 20 12. Documents Comprising The Bid: Eligibility And Technical Components 20 13. Documents Comprising The Bid: Financial Component 22 14. Alternative Bids 22 15. Bid Prices 22 16. Bid Currencies 24 17. Bid Validity 24 18. Bid Security 25 19. Format And Signing Of Bids 26 20. Sealing And Marking Of Bids 27 D. Submission And Opening Of Bids 27 21. Deadline For Submission Of Bids 27 22. Late Bids 28 23. Modification And Withdrawal Of Bids 28 24. Opening And Preliminary Examination Of Bids 28 E. Evaluation And Comparison Of Bids 30 25. Process To Be Confidential 30 26. Clarification Of Bids 30 27. Domestic Preference 30 28. Detailed Evaluation And Comparison Of Bids 31 29. Post-qualification 32 30. Reservation Clause 33 F. Award Of Contract 34 31. Contract Award 34 32. Signing Of The Contract 35 33. Performance Security 35 34. Notice To Proceed 36 A. General 1. Scope Of Bid 1.1. The Procuring Entity Named In The Bds (hereinafter Referred To As The “procuring Entity”) Wishes To Receive Bids For Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications (hereinafter Referred To As The “goods”). 1.2. The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019. (ii) “fraudulent Practice” Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; Or (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2. Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds: (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. Unless Otherwise Provided In The Bds, The Bidder Must Have Completed At Least One Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The National Statistics Office Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In 6.1. Section Viii. Bidding Forms As Required In Itb Clause 0. 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4. It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7. Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8. The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Comply With The Eligibility Criteria And The Documentary Requirements Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Goods Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarifications On Any Part Of The Bidding Documents For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bid The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class “a” Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within The Period Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Kinds Of Goods; (iii.4) Amount Of Contract And Value Of Outstanding Contracts; (iii.5) Date Of Delivery; And (iii.6) End User’s Acceptance Or Official Receipt(s) Issued For The Contract, If Completed. (iv) Audited Financial Statements, Stamped “received” By The Bureau Of Internal Revenue (bir) Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year, Which Should Not Be Earlier Than Two (2) Years From Bid Submission; (v) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class “b” Document: (vi) If Applicable, The Jva In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. (b) Technical Documents – (i) Bid Security In Accordance With Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond, It Shall Be Accompanied By A Certification By The Insurance Commission That The Surety Or Insurance Company Is Authorized To Issue Such Instruments; (ii) Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In (iii) Section Viii. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form, Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds. 13.2. Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 15. Bid Prices 15.1. The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: (a) For Goods Offered From Within The Procuring Entity’s Country: (i) The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable: (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. (b) For Goods Offered From Abroad: (i) Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. (ii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. 15.5. Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6. All Bid Prices Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1. Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security, Issued In Favor Of The Procuring Entity, In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Lgus, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period Or A Finding Against Their Veracity As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In 19.2. 19.3. 19.4. 19.5. 19.6. 19.7. Section Viii. Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.8. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.9. The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.10. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.11. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12 In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac In Accordance With Itb Clause 1.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification, Within Which To File A Request Or Motion For Reconsideration With The Bac: Provided, However, That The Motion For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Motion For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Motion For Reconsideration Or Protest Has Been Resolved. 24.8. The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison, And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Domestic Preference 27.1. Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2. A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3. A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 28.2. The Lowest Calculated Bid Shall Be Determined In Two Steps: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 28.5. Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form. 28.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 29. Post-qualification 29.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 29.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 29.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 29.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower. 29.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated Responsive Bid Is Determined For Contract Award. 29.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Goccs And Gfis, The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 30. Reservation Clause 30.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 30.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 30.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid (lcrb) Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 31. Contract Award 31.1. Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4. At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi. Schedule Of Requirements. 32. Signing Of The Contract 32.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 32.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 32.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 33.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.3. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Date Of The Bidder’s Receipt Of The Notice To Proceed Will Be Regarded As The Effective Date Of The Contract, Unless Otherwise Specified In The Bds. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet Section Iii Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb Included In Section Ii, And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, The Applicable Rules Regarding Bid Price And Currency, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing Section Iii, The Following Aspects Should Be Checked: (a) Information That Specifies And Complements Provisions Of Section Ii Must Be Incorporated. (b) Amendments And/or Supplements, If Any, To Provisions Of Section Ii As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu-mapanas 1.2 The Lot(s) And Reference Is/are: Procurement Of 2 Days Catering Services For The Year-end Performance Assessment (yepa) & Team Building Of Lgu Employees And Officials 2 The Funding Source Is: Select One, Delete The Other: If The Funding Source Is Gop: The Government Of The Philippines (gop) Through Annual Budget 2024 Of General Fund-mooe In The Amount Of Six Thousand Pesos Only (php600,000.00). Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: The [state The Foreign Government/foreign Or International Financing Institution, (e.g. Asian Development Bank, Japan International Cooperative Agency, Or World Bank)] Through [indicate The Loan/credit/grant No.] In The Amount Of [insert Amount Of Funds]. The Name Of The Project Is Procurement Of 2 Days Catering Services For The Year-end Performance Assessment (yepa) & Team Building Of Lgu Employees And Officials. 5.1 Select One, Delete The Other. If The Funding Source Is Gop, State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Eligible Bidders Are As Defined In The [state The Applicable Procurement Guidelines And, If Applicable, The Web Page Where It May Be Downloaded]. 5.2 Select One, Delete The Other. None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. Or Foreign Bidders May Participate In This Project In View Of The Following Circumstance(s): [state Which Of The Circumstance(s) Mentioned In The Itb Clause Exists In The Project.] 5.4 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And Insert Any Of The Following: For The Procurement Of Non-expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(iii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. Or For The Procurement Of Expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(iii), A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. Or For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of The Provisions Of Section 23.5.1.3 Of The Irr Of Ra 9184 Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: In View Of The Determination By The Procuring Entity That Imposition Of The Provisions Of Section 23.5.1.3 Of The Irr Of Ra 9184 Will Likely Result To [state “failure Of Bidding” Or “monopoly That Will Defeat The Purpose Of Public Bidding”], The Bidder Should Comply With The Following Requirements: A) Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least [state “fifty Percent (50%)” In The Case Of Non-expendable Supplies Or “twenty-five Percent (25%)” In The Case Of Expendable Supplies] Of The Abc For This Project; And B) The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain Itb Clause And State “no Further Instructions” Or Explain The Applicable Eligibility Criterion. For This Purpose, Similar Contracts Shall Refer To Procurement Of Cctv “no Further Instructions”]. 5.5 Select One, Delete The Other. If The Contract Is Funded By Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain Itb Clause Or State The Relevant Eligibility Criterion. 6.3 Select One, Delete The Rest. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is The Adb, Jica, Or Wb, State The Following: Only Those Bids That Omit The Following Documents Will Be Automatically Rejected: (a) The Bid Security In Accordance With Itb Clause 17.2; (b) Financial Proposal Submission Sheet And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4. For All Other Omissions, The Procuring Entity Reserves The Right To Seek Clarification Of Bids In Accordance With Itb Clause 26 Or At Its Sole Discretion, To Reject The Bid If The Omission Is Regarded As A Matter Of Substance. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, List Documents The Omission Of Which Shall Result To The Outright Rejection And Disqualification Of Bids. 7 Select One, Delete The Rest. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is The Adb Using Ordinary Capital Or Special Funds Resources: Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries As Described In Guidelines For Procurement Under Asian Development Bank Loans And As Described On Asian Development Bank’s Web Page Www.adb.org If The Funding Source Is The Jica: Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries. In The Event That The Goods Offered By The Bidder Do Not Have Their Origin In Eligible Source Countries The Contract Will Still Be Eligible For Financing Under Jica Oda Loans If The Combined Costs Of Such Goods Are Less Than Fifty Percent (50%) Of The Price Of The Said Contract. If The Funding Source Is A Foreign Government Or A Foreign/ International Financing Institution, Maintain Itb Clause And State “no Further Instructions”, Or Indicate The List Of Eligible Source Countries As Origin Of Goods. 8.1 Select One, Delete The Other. If The Funding Source Is The Gop, State Either “subcontracting Is Not Allowed.” Or Specify The Portions Of Goods And The Maximum Percentage Allowed To Be Subcontracted. If The Funding Source Is A Foreign Government Or Another Foreign Or International Financing Institution, State Here The Maximum Percentage Of Goods Allowed To Be Subcontracted Or “no Further Instructions.” 8.2 If Subcontracting Is Allowed, Specify The Eligibility Criteria That Subcontractors Must Comply With, Including The Corresponding Documentary Requirements Therefor; Otherwise, State “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On November 22, 2024 At 10:00a.m At Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar. Note: The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. 10.1 The Procuring Entity’s Address Is: Barangay Del Norte, Mapanas, Northern Samar Hon. Ronn Michael L. Tejano 091538552662 Ronnmicahel@hotmail.com 12.1 Select One, Delete The Rest. If The Funding Source Is The Gop: No Further Instructions. If The Funding Source Is Adb Or Wb: No Eligibility Check. During Bid Opening, Technical Proposals That Lack Any Of The Following Documents Shall Be Rejected And Returned To The Bidder Together With Its Unopened Price Proposal: (a) Technical Proposal Submission Sheet; (b) Evidence Of Financial, Technical, And Production Capability; (c) Audited Financial Statements; (d) Nfcc Or Credit Line Certificate; (e) Bid Security; And (f) Authority Of The Signatory. If The Funding Source Is Jbic, State The Following: No Eligibility Check. All Documents Described In Itb Clause 12.1 Shall Be Included In The Technical Proposal. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Other Than Those Mentioned Above, Maintain The Itb Clause And State “no Further Instructions” Or State The Corresponding Eligibility Requirements, If Any. 12.1(a)(i) List Any Additional Acceptable Proof Of Registration Mentioned In The Itb Clause Or State “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iii) The Statement Of All Ongoing And Completed Government And Private Contracts Shall Include All Such Contracts Within [state Relevant Period As Provided In The Invitation To Bid] Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 List Any Additional Requirements Or State “no Additional Requirements” 13.2 Select One, Delete The Other. If The Funding Source Is The Gop: The Abc Is [insert Amount]. Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Adopt The Provision For Gop Or State The Applicable Rule. 15.4(a)(iii) List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.4(b) Maintain The Itb Clause And State Here “not Applicable”, “the Price Of The Goods Shall Be Quoted Ddp [state Place Of Destination]”, Or The Applicable Incoterm For This Project. List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.5 Select One, Delete The Rest. If The Funding Source Is The Gop Or Wb: Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. If The Funding Source Is The Jbic Or Adb, And The Contract Is Of Over Twelve (12) Months Duration, Insert The Appropriate Special Condition Of Contract And State The Following: Adjustments Are Authorized In Accordance With The Price Adjustment Provisions Specified In The Corresponding Scc Provision Of Gcc Clause 9. If The Funding Source Is A Foreign Government Or A Foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or Insert The Relevant Provision(s) And The Condition(s) Thereto, If Any. 15.6 If The Funding Source Is The Gop: Extraordinary Circumstances Refer To Events That May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions”, Otherwise, Specify The Extraordinary Circumstances Allowing Price Escalation. 16.1(b) Select One, Delete The Other: The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. Or The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted Either In Philippine Pesos Or United States Dollars At The Discretion Of The Bidder. 16.3 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: Payment Shall Be Made In [insert Currency]. 17.1 Bids Will Be Valid Until 120 Calendar Days. 18.1 Select One, Delete The Rest. If The Funding Source Is The Gop Or Wb: The Bid Security Shall Be In The Following Amount: 1. 12,000.00, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. 30,0000.00 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. If The Funding Source Is The Adb Or Jica: The Bid Security Shall Be In The Following Amount [insert 2.5% Of The Abc]. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions”, Or State The Acceptable Form/s Of Bid Security And The Amount Thereof. 18.2 The Bid Security Shall Be Valid Until [insert Date]. 18.5(a)(iv) If The Funding Source Is Gop Or Wb, Maintain The Itb Clause And Include The Following As Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. If The Funding Source Is Adb, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or State Additional Grounds For Forfeiture Of Bid Security. 18.5(b)(iii) Select One, Delete The Other. If The Funding Source Is Gop, Adb, Or Wb, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is Jbic, State The Following: Failure To Enter Into A Jv In The Form Submitted As Part Of The Bidders Bid If The Bid Is Made By Two Or More Potential Jv Partners. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain Itb Clause And State “no Further Instructions”, Or List The Additional Grounds For Forfeiture Of Bid Security Of A Successful Bidder. 20.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions”, Or State The Applicable Procedure For The Sealing And Marking Of Bids. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is At Mpdo/bac Office, Brgy. Del Norte, Mapanas, Northern Samar. The Deadline For Submission Of Bids Is March 04, 2022 24.1 The Place Of Bid Opening Is At The Executive Conference Room, 2nd Floor Of New Multi-purpose Building, Mapanas, Northern Samar. The Date And Time Of Bid Opening Is 10:00 A.m 25.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions”, Or Specify The Additional Conditions And/or Exceptions To The Rule, If Any. 27.1 Select One, Delete The Other. If The Funding Source Is The Gop, State “no Further Instructions.” If The Funding Source Is The Adb, Jbic, Or Wb: No Domestic Preference Is Applicable To National/local Competitive Bidding. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Itb Clause And State “no Further Instructions” Or Indicate Applicability Or Inapplicability Of Domestic Preference, As The Case May Be. 28.3 Select One, Delete The Other. If The Funding Source Is Gop Or Wb, Adopt The Following Provision: Grouping And Evaluation Of Lots – Lots Should Be Formed Of Similar Items That Are Likely To Attract The Maximum Competition. A Lot Is The Quantity And Number Of Items That Will Be Included In A Single Contract. For Example: Option 1 – Each Item To Be Evaluated And Compared With Other Bids Separately And Recommended For Contract Award Separately. Option 2 - All Items To Be Grouped Together To Form One Complete Lot That Will Be Awarded To One Bidder To Form One Complete Contract. Option 3 - Similar Items, To Be Grouped Together To Form Several Lots That Shall Be Evaluated And Awarded As Separate Contracts. Select One Of The Following Paragraphs And Delete The Other: The Goods Are Grouped In A Single Lot And The Lot Shall Not Be Divided Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. Or All Goods Are Grouped In Lots Listed Below. Bidders Shall Have The Option Of Submitting A Proposal On Any Or All Lots And Evaluation And Contract Award Will Be Undertaken On A Per Lot Basis. Lots Shall Not Be Divided Further Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. [insert Grouping Of Lots] Note: If Funding Source Is Adb Or Jica, Adopt Only The Provision On Grouping And Evaluation Of Lots Mentioned Above And Delete The Rest. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Itb Clause And State “no Further Instructions” Or, Insert Applicable Provisions. 28.3(b) State Whether Bid Modification Is Allowed Or Not. 28.5 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Itb Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Jbic, Or Wb: Select One, Delete The Other. No Additional Criteria Or In Addition To The Criteria Listed In Itb Clause 28.3 And 28.5, The Following Applicable Additional Criteria And Its Corresponding Quantification Method Specified In This Clause Will Be Used To Evaluate And Compare Bids: Delivery Schedule – If The Funding Source Is Adb Or Jica, Select One Quantification Method For This Criterion And Delete The Rest. If The Funding Source Is Wb, The Clause On This Criterion May Be Deleted If Not Applicable. The Procuring Entity Requires That The Goods Under The Invitation To Bid Shall Be Delivered (shipped) At The Time Specified In Section Vi. Schedule Of Requirements. The Estimated Time Of Arrival Of The Goods At The Project Site Will Be Calculated For Each Bid After Allowing For Reasonable International And Inland Transportation Time. Treating The Bid Resulting In The Earliest Time Of Arrival As The Base, A Delivery “adjustment” Will Be Calculated For Other Bids By Applying A [insert Percentage] Of The Exw Plus Delivery To Final Destination/ddp Price For Each Week Of Delay Beyond The Base, And This Will Be Added To The Bid Price For Evaluation. No Credit Shall Be Given To Early Delivery. Or The Goods Covered Under The Invitation To Bid Are Required To Be Delivered (shipped) Within An Acceptable Range Of Weeks Specified In The Schedule Of Requirement. No Credit Will Be Given To Earlier Deliveries, And Bids Offering Delivery Beyond This Range Will Be Treated As Non-responsive. Within This Acceptable Range, An Adjustment Per Week Of [insert Percentage] Will Be Added For Evaluation To The Bid Price Of Bids Offering Deliveries Later Than The Earliest Delivery Period Specified In Section Vi. Schedule Of Requirements. Or The Goods Covered Under The Invitation To Bid Are Required To Be Delivered (shipped) In Partial Shipments, As Specified In Section Vi. Schedule Of Requirements. Bids Offering Deliveries Earlier Or Later Than The Specified Deliveries Will Be Adjusted In The Evaluation By Adding To The Bid Price A Factor Equal To [insert Percentage] Of Deliveries Price Per Week Of Variation From The Specified Delivery Schedule. Cost Of Spare Parts – If The Funding Source Is Adb Or Jica, Select One Quantification Method For This Criterion And Delete The Rest. If The Funding Source Is Wb, The Clause On This Criterion May Be Deleted If Not Applicable. The List Of Items And Quantities Of Major Assemblies, Components, And Selected Spare Parts, Likely To Be Required During The Initial Period Of Operation For [insert Period Of Operation] Is Annexed To The Technical Specifications. The Total Cost Of These Items, At The Unit Prices Quoted In Each Bid, Will Be Added To The Bid Price. Or The Procuring Entity Will Draw Up A List Of High-usage And High-value Items Of Components And Spare Parts, Along With Estimated Quantities Of Usage In The Initial Period Of Operation For [insert Period Of Operation]. The Total Cost Of These Items And Quantities Will Be Computed From Spare Parts Unit Prices Submitted By The Bidder And Added To The Bid Price. Or The Procuring Entity Will Estimate The Cost Of Spare Parts Usage In The Initial Period Of Operation For [insert Period Of Operation] Based On The Information Furnished By Each Bidder, As Well As On Past Experience Of The Procuring Entity Or Other Procuring Entities In Similar Situations. Such Costs Shall Be Added To The Bid Price For Evaluation. Volume And Period Of Manufacture – Any Of The Paragraphs Under This Criterion May Be Deleted If Not Applicable And Retained If Otherwise. The Goods Must Have Been Manufactured For A Period Of Not Less Than [insert Number Of Years] Immediately Preceding The Date Of Bid Opening. The Minimum Number Of Units Sold In The Philippines Must Be [insert Number] And The Minimum Number Of Units Sold Worldwide Must Be [insert Number]. The Procuring Entity Shall Compare Bids On The Basis Of A Lot Or A Combination Of Lots Or As A Total Of All Lots In A Manner Most Advantageous To The Procuring Entity. 29.2(b) Specify Whether Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 29.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 32.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity. 34.2 The Effective Date Of The Contract Is [insert Date]. Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The Gcc In Section Iv, Read In Conjunction With The Scc In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. The Gcc Herein Shall Not Be Altered. Any Changes And Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Scc In Section V. Table Of Contents 1. Definitions 53 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 54 3. Inspection And Audit By The Funding Source 55 4. Governing Law And Language 55 5. Notices 55 6. Scope Of Contract 55 7. Subcontracting 55 8. Procuring Entity’s Responsibilities 56 9. Prices 56 10. Payment 56 11. Advance Payment 57 12. Taxes And Duties 57 13. Performance Security 57 14. Use Of Contract Documents And Information 58 15. Standards 58 16. Inspection And Tests 58 17. Warranty 59 18. Delays In The Supplier’s Performance 60 19. Liquidated Damages 60 20. Settlement Of Disputes 61 21. Liability Of The Supplier 61 22. Force Majeure 61 23. Termination For Default 62 24. Termination For Insolvency 62 25. Termination For Convenience 63 26. Termination For Unlawful Acts 63 27. Procedures For Termination Of Contracts 64 28. Assignment Of Rights 65 29. Contract Amendment 65 30. Application 65 1. Definitions 1.1. In This Contract, The Following Terms Shall Be Interpreted As Indicated: (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc. (j) The “funding Source” Means The Organization Named In The Scc. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc. (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1. The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 2.2. Further The Funding Source, Borrower Or Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Any Of The Practices Mentioned In Gcc Clause 2.1(a). 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1. Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2. A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1. The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi. Schedule Of Requirements. 6.2. This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc. 7. Subcontracting 7.1. Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 7.2. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 8. Procuring Entity’s Responsibilities 8.1. Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2. The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc. 10. Payment 10.1. Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2. The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3. Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4. Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1. Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. For Goods Supplied From Abroad, Ten Percent (10%) Of The Contract Price Shall Be Paid Within Sixty (60) Calendar Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee Issued By A Licensed Bank For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In 11.2. Section Viii. Bidding Forms. 11.3. All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1. Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4. Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 13.5. In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 14. Use Of Contract Documents And Information 14.1. The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2. Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1 Shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii. Technical Specifications; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1. The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And Section Vii. Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. 16.2. If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3. The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4. The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5. The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1. The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2. The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least Ten Percent (10%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least Ten Percent (10%) Of The Contract Price Or Other Such Amount If So Specified In The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity. 17.5. If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law. 18. Delays In The Supplier’s Performance 18.1. Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi. Schedule Of Requirements. 18.2. If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3. Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clauses 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In The Scc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2. If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3. Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4. Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5. Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21. Liability Of The Supplier 21.1. Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2. Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1. The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 22.3. If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation: (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract. 23.2. In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3. In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. 25. Termination For Convenience 25.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 25.2. The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3. If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1. The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1. The Following Provisions Shall Govern The Procedures For Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Supplier’s Receipt Of The Notice; (f) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc. The Provisions Of This Section Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: (a) Information That Complements Provisions Of Section Iv Must Be Incorporated. (b) Amendments And/or Supplements To Provisions Of Section Iv, As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of Section Iv Should Be Incorporated Herein. Special Conditions Of Contract Gcc Clause 1.1(g) The Procuring Entity Is Lgu-mapanas 1.1(i) The Supplier Is [to Be Inserted At The Time Of Contract Award]. 1.1(j) The Funding Source Is: General Fund-mooe For Fy 2024 Select One Of The Following, Delete The Other: If The Funding Source Is The Gop: The Government Of The Philippines (gop) Through [indicate Source Of Funding And Year] In The Amount Of [insert Amount Of Funds]. Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution: The [indicate The Name Of The Foreign Government/foreign Or International Financing Institution] Through [indicate The Loan/credit/grant No.] In The Amount Of [insert Amount Of Funds]. 1.1(k) The Project Site Is Lgu-mapanas, Barangay Del Norte, Mapanas, Northern Samar. For Multiple Sites State “the Project Sites Are Defined In Section Vi. Schedule Of Requirements”] 5.1 The Procuring Entity’s Address For Notices Is: Barangay Del Norte, Mapanas, Northern Samar Reno C. Salazar, Head Bac Secretariat Cp # 09459852914 The Supplier’s Address For Notices Is: [insert Address Including, Name Of Contact, Fax And Telephone Number] 6.2 List Here Any Additional Requirements For The Completion Of This Contract. The Following Requirements And The Corresponding Provisions May Be Deleted, Amended, Or Retained Depending On Its Applicability To This Contract: Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: For Foreign Suppliers, State “the Delivery Terms Applicable To The Contract Are Ddp Delivered [insert Place Of Destination]. In Accordance With Incoterms.” For Domestic Suppliers, State “the Delivery Terms Applicable To This Contract Are Delivered [insert Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi. Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: For Goods Supplied From Within The Philippines Or By Domestic Suppliers: Upon Delivery Of The Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt, Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Goods Supplied From Abroad (excluding Domestic Suppliers): Upon Shipment, The Supplier Shall Notify The Procuring Entity And The Insurance Company By Cable The Full Details Of The Shipment, Including Contract Number, Description Of The Goods, Quantity, Vessel, Bill Of Lading Number And Date, Port Of Loading, Date Of Shipment, Port Of Discharge Etc. Upon Delivery To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents As Applicable With The Documentary Requirements Of Any Letter Of Credit Issued Taking Precedence: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Of The Negotiable, Clean Shipped On Board Bill Of Lading Marked “freight Pre-paid” And Five Copies Of The Non-negotiable Bill Of Lading ; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Procuring Entity’s Representative At The Project Site; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is [insert Name(s)]. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: Select Appropriate Requirements And Delete The Rest. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: Select Appropriate Requirements And Delete The Rest. (a) Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (b) In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts Required Are Listed In Section Vi. Schedule Of Requirements And The Cost Thereof Are Included In The Contract Price The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spares For The Goods For A Period Of [insert Here The Time Period Specified. If Not Used Insert Time Period Of Three Times The Warranty Period]. Other Spare Parts And Components Shall Be Supplied As Promptly As Possible, But In Any Case Within 30 Calendar Days Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 9 Select One, Delete The Other. If The Funding Source Is The Gop Or Wb, State The Following: For The Given Scope Of Work In This Contract As Awarded, All Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. For Contracts Of More Than Twelve (12) Months Duration Funded By The Adb Or The Jbic, State The Following: Prices Payable To The Supplier, As Stated In The Contract, Shall Be Subject To Adjustment During Performance Of The Contract To Reflect Changes In The Cost Of Labor And Material Components In Accordance With The Following Formula, To Be Computed Starting The Thirteenth (13th) Month: In Which: Δp = Adjustment Amount Payable To The Supplier. P0 = Contract Price (base Price). A = Fixed Element Representing Profits And Overheads Included In The Contract Price And Generally In The Range Of Five (5) To Fifteen (15) Percent. B = Estimated Percentage Of Labor Component In The Contract Price. C = Estimated Percentage Of Material Component In The Contract Price. L0, L1 = Labor Indices Applicable To The Appropriate Industry In The Country Of Origin On The Base Date And Date For Adjustment, Respectively. M0, M1 = Material Indices For The Major Raw Material On The Base Date And Date For Adjustment, Respectively, In The Country Of Origin. The Coefficients A, B, And C Shall Be Specified By The Procuring Entity In The Bidding Documents. The Sum Of The Three Coefficients Should Be One (1) In Every Application Of The Formula. The Bidder Shall Indicate The Source Of The Indices And The Base Date Indices In Its Bid. Base Date = Start Of The Thirteenth Month. Date Of Adjustment = Weeks Prior To Date Of Shipment (representing The Mid-point Of The Period Of Manufacture). The Above Price Adjustment Formula Shall Be Invoked By Either Party Subject To The Following Further Conditions: (a) Price Adjustment Will Be Applied Only If The Resulting Increase Or Decrease Is More Than ____ Percent Of The Contract Price. [two Percent (2%) Would Be An Acceptable Percentage.] (b) No Price Adjustment Shall Be Allowed Beyond The Original Delivery Dates Unless Specifically Stated In The Extension Letter. As A Rule, No Price Adjustment Shall Be Allowed For Periods Of Delay For Which The Supplier Is Entirely Responsible. The Procuring Entity Will However Be Entitled To Any Decrease In The Prices Of The Goods And Services Subject To Adjustment. (c) The Total Adjustment Under This Clause Shall Be Subject To A Ceiling Of Plus Or Minus Percent Of The Contract Price. [ten Percent (10%) Would Be An Acceptable Percentage.] (d) If The Currency In Which The Contract Price (p0) Is Expressed Is Different From The Currency Of Origin Of The Labor And Material Indices, A Correction Factor Will Be Applied To Avoid Incorrect Adjustments Of The Contract Price. The Correction Factor Shall Correspond To The Ratio Of Exchange Rates Between The Two Currencies On The Base Date And The Date For Adjustment As Defined Above. (e) No Price Adjustment Shall Be Payable On The Portion Of The Contract Price Paid To The Supplier As Advance Payment. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Gcc Clause And State “no Further Instructions,” Or Specify The Conditions For Price Adjustment And The Corresponding Provisions Therefor, If Any. 10.1 Select One And Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Jbic, Or Wb, Use The Following Clause: For Goods Supplied From Abroad: I. On Contract Signature: Ten Percent (10%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In The Bidding Documents. Ii. On Delivery: Seventy Percent (70%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. Iii. On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Retain The Gcc Clause And State “no Further Instructions”, Or Specify The Requirements Or Conditions Necessary Prior To Payment Of Contract. 10.4 Select One And Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, State The Following: The Currency(ies) Of Payment Shall Be [insert Currencies Of Payment]. 13.1 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution, Maintain The Gcc Clause And State “no Further Instructions,” Otherwise, Specify The Acceptable Form(s) With The Corresponding Amount(s) Of The Performance Security. 13.4 Select One, Delete The Other. If The Funding Source Is Gop, Maintain The Gcc Clause And State Here: No Further Instructions. If The Funding Source Is Adb, Use The Following Clause: After Delivery And Acceptance Of The Goods, The Performance Security Shall Be Reduced To Two Percent (2%) Of The Contract Price To Cover The Supplier’s Warranty Obligations In Accordance With Gcc Clause 1. 13.4(c) Specify Additional Conditions, If Any, That Must Be Met Prior To The Release Of The Performance Security, Otherwise, State “no Further Instructions”. 16.1 The Inspections And Tests That Will Be Conducted Are: [insert The Applicable Inspections And Tests, If None, State “none”]. 17.3 Select One, Delete The Other. If The Funding Source Is Gop And The Goods Pertain To Expendable Supplies: Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed, Whichever Is Earlier. If The Funding Source Is Gop And The Goods Pertain To Non-expendable Supplies: One (1) Year After Acceptance By The Procuring Entity Of The Delivered Goods. If A Warranty Period Of Longer Than One Year Is Required And The Funding Source Is The Adb, Jbic, Or Wb, Insert The Following: In Partial Modification Of The Provisions, The Warranty Period Shall _____ Months From Date Of Acceptance Of The Goods Or (_____) Months From The Date Of Shipment, Whichever Occurs Earlier. 17.4 And 17.5 The Period For Correction Of Defects In The Warranty Period Is [insert Number Of Days]. 0 The Applicable Rate Is One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” If The Funding Is Adb Delete The Above Paragraph And Insert The Following: All Disputes Arising In Connection With The Present Contract Shall Be Finally Settled Under The Rules Of Conciliation And Arbitration Of The International Chamber Of Commerce By One Or More Arbitrators Appointed In Accordance With Said Rules. If The Funding Source Is A Foreign Government/foreign Or International Financing Institution State The Applicable Rule On Dispute Settlement. 21.1 State Here “no Additional Provision.” Or, If The Consultant Is A Joint Venture, “all Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity.” Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. The Delivery Of Procurement Of 2 Days Catering Services For The Year-end Performance Assessment (yepa) & Team Building Of Lgu Employees And Officials. Is 2 Calendar Days From The Receipt Of The Ntp. Item No. Qty. Unit Description 1. 300 Pax Catering Services 2 Days (snacks 300 Pax X 4 Snacks) 2 Days ( Meals 300 Pax X 4 Meals ( Lunch & Dinner) Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured.. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. Technical Specifications Item Specification Statement Of Compliance Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Section Viii. Bidding Forms Notes On The Bidding Forms The Bidder Shall Complete And Submit With Its Bid The Bid Form And Price Schedules In Accordance With Itb Clause 15 With The Requirements Of The Bidding Documents And The Format Set Out In This Section. When Requested In The Bds, The Bidder Should Provide The Bid Security, Either In The Form Included Hereafter Or In Another Form Acceptable To The Entity, Pursuant To Itb Clause 18.1. The Contract Agreement Form, When It Is Finalized At The Time Of Contract Award, Should Incorporate Any Corrections Or Modifications To The Accepted Bid Resulting From Price Corrections. The Price Schedule And Schedule Of Requirements Deemed To Form Part Of The Contract Should Be Modified Accordingly. The Performance Security Form And Bank Guarantee Form For Advance Payment Should Not Be Completed By The Bidders At The Time Of Their Bid Preparation. Only The Successful Bidder Will Be Required To Provide Performance Security And Bank Guarantee For Advance Payment In Accordance With One Of The Forms Indicated Herein Or In Another Form Acceptable To The Procuring Entity And Pursuant To Gcc Clause 13 And Its Corresponding Scc Provision. The Sworn Affidavit Must Be Completed By All Bidders In Accordance With Itb Clause 4.2 Failure To Do So And Submit It With The Bid Shall Result In The Rejection Of The Bid And The Bidder’s Disqualification. Table Of Contents Bid Form 83 Contract Agreement Form 87 Omnibus Sworn Statement 88 Bank Guarantee Form For Advance Payment 90 Bid Form Date: Invitation To Bid No: To: Lgu-mapanas, Northern Samar Barangay Del Norte, Mapanas, Northern Samar Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Bidding Documents For The Sum Of [total Bid Amount In Words And Figures] Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. Dated This ________________ Day Of ________________ 20______. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ For Goods Offered From Abroad Name Of Bidder . Invitation To Bid Number __. Page Of . 1 2 3 4 5 6 7 8 9 Item Description Country Of Origin Quantity Unit Price Cif Port Of Entry (specify Port) Or Cip Named Place (specify Border Point Or Place Of Destination) Total Cif Or Cip Price Per Item (col. 4 X 5) Unit Price Delivered Duty Unpaid (ddu) Unit Price Delivered Duty Paid (ddp) Total Price Delivered Ddp (col 4 X 8) For Goods Offered From Within The Philippines Name Of Bidder . Invitation To Bid Number . Page Of . 1 2 3 4 5 6 7 8 9 10 Item Description Country Of Origin Quantity Unit Price Exw Per Item Cost Of Local Labor, Raw Material, And Component2 Total Price Exw Per Item (cols. 4 X 5) Unit Prices Per Item Final Destination And Unit Price Of Other Incidental Services Sales And Other Taxes Payable Per Item If Contract Is Awarded Total Price Delivered Final Destination (col 8 + 9) X 4 Contract Agreement Form This Agreement Made The _____ Day Of __________ 20_____ Between [name Of Procuring Entity] Of The Philippines (hereinafter Called “the Entity”) Of The One Part And [name Of Supplier] Of [city And Country Of Supplier] (hereinafter Called “the Supplier”) Of The Other Part: Whereas The Entity Invited Bids For Certain Goods And Ancillary Services, Viz., [brief Description Of Goods And Services] And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of [contract Price In Words And Figures] (hereinafter Called “the Contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Referred To. 2. The Following Documents Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: (a) The Bid Form And The Price Schedule Submitted By The Bidder; (b) The Schedule Of Requirements; (c) The Technical Specifications; (d) The General Conditions Of Contract; (e) The Special Conditions Of Contract; And (f) The Entity’s Notification Of Award. 3. In Consideration Of The Payments To Be Made By The Entity To The Supplier As Hereinafter Mentioned, The Supplier Hereby Covenants With The Entity To Provide The Goods And Services And To Remedy Defects Therein In Conformity In All Respects With The Provisions Of The Contract 4. The Entity Hereby Covenants To Pay The Supplier In Consideration Of The Provision Of The Goods And Services And The Remedying Of Defects Therein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of The Contract At The Time And In The Manner Prescribed By The Contract. In Witness Whereof The Parties Hereto Have Caused This Agreement To Be Executed In Accordance With The Laws Of The Republic Of The Philippines On The Day And Year First Above Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Supplier). Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Bank Guarantee Form For Advance Payment To: [name And Address Of Procuring Entity] [name Of Contract] Gentlemen And/or Ladies: In Accordance With The Payment Provision Included In The Special Conditions Of Contract, Which Amends Clause 10 Of The General Conditions Of Contract To Provide For Advance Payment, [name And Address Of Supplier] (hereinafter Called The “supplier”) Shall Deposit With The Procuring Entity A Bank Guarantee To Guarantee Its Proper And Faithful Performance Under The Said Clause Of The Contract In An Amount Of [amount Of Guarantee In Figures And Words]. We, The [bank Or Financial Institution], As Instructed By The Supplier, Agree Unconditionally And Irrevocably To Guarantee As Primary Obligator And Not As Surety Merely, The Payment To The Procuring Entity On Its First Demand Without Whatsoever Right Of Objection On Our Part And Without Its First Claim To The Supplier, In The Amount Not Exceeding [amount Of Guarantee In Figures And Words]. We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract To Be Performed Thereunder Or Of Any Of The Contract Documents Which May Be Made Between The Procuring Entity And The Supplier, Shall In Any Way Release Us From Any Liability Under This Guarantee, And We Hereby Waive Notice Of Any Such Change, Addition, Or Modification. This Guarantee Shall Remain Valid And In Full Effect From The Date Of The Advance Payment Received By The Supplier Under The Contract Until [date]. Yours Truly, Signature And Seal Of The Guarantors [name Of Bank Or Financial Institution] [address] [date]

Details: Description Republic Of The Philippines Barangay Dulumbayan Teresa, Rizal Province Of Rizal Bidding Documents For Construction Of Pathway W/ Retaining Wall Dulumbayan 2024-11-003 November 26, 2024 Republic Of The Philippines Municipal Government Of Teresa Province Of Rizal Invitation To Bid For Construction Of Pathway With Retainign Wall At Barangay Dulumbayan 1. The Barangay Dulumbayan Of Teresa, Through The 2024 Annual Budget Approved By Sangguniang Barangay Intends To Apply The Sum Of Two Hundred Thousand Pesos (200,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Construction Of Pathway With Retaining Wall ,dulumbayan 2024-10-003 Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Barangay Dalig Of Teresa Now Invites Bids For Construction Of Pathway With Retaining Wall. Completion Of The Works Is Required 15 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. (i) Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Municipality Of Teresa And Inspect The Bidding Documents At The Address Given Below From 8:00 Am To 5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of Five Hundres Pesos (500.00). It May Also Be Downloaded From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 6. Bids Must Be Delivered To The Address Below On Or Before November 26,2024 9:0oam At Barangay Hall, Dulumbayan, Teresa, Rizal. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 7. All Bids Must Be Accompanied By A Bid Security In The Form Of Cash Or Bank Guarantee Or Manager’s Check Equivalent To P 4,000.00 Or Surety Bond Equivalent To P 10,000.00. 8. The Barangay Dulumbayan Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 9. For Further Information, Please Refer To: Tessie Sj. Feliciano Barangay Dulumbayan Teresa, Rizal Cp No.09951213085 Manuel T. Barba Bac Chairman Instruction To Bidders 1. Documents Comprising The Bid: Eligibility And Technical Components 1.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From Sec, Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cda For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date And Status Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security In The Prescribed In Itb Clause 4. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; (i.2) An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.3) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms Error! Reference Source Not Found.. 2. Documents Comprising The Bid: Financial Component 2.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Required In The Bds. 2.2 Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 3. Bid Prices 3.1 The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 3.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 3.3 All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 3.4 Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 47error! Reference Source Not Found. And Its Corresponding Scc Provision. 4. Bid Security 4.1 The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Confirmed By A Universal Or Commercial Bank; Two Percent (2%) (b) Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank; (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 4.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 4.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In The Bds. 4.4 Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Bds. 4.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified By The Bidder On The Bid Form; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3 (b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 34.2 ; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 5. Format And Signing Of Bids 5.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12, And The Second Shall Contain The Financial Component Of The Bid. 5.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 5.3 The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 5.4 The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 5.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 6. Sealing And Marking Of Bids 6.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 6.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 6.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 6.4 All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac In Accordance With Itb Clause 1.1error! Reference Source Not Found.; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 6.5 If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. Moreover, Failure To Comply With The Required Sealing And Marking Of Bids Shall Be A Ground For Disqualification. Submission And Opening Of Bids 7. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 8. Performance Security 8.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Prior To The Signing Of The Contract. 8.2 The Performance Security Shall Be In An Amount Equal To A Percentage Of The Total Contract Price In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Confirmed By A Universal Or Commercial Bank; Five Percent (5%) (b) Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank; (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 8.3 Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract Between The Successful Bidder And The Procuring Entity, The Successful Bidder Shall Furnish To The Procuring Entity The Performance Security In Accordance With The Conditions Of Contract, And In The Form Prescribed In The Bidding Documents. 8.4 Failure Of The Successful Bidder To Comply With The Requirement Of Itb Clause 32 Shall Constitute Sufficient Grounds For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However, If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 9. Notice To Proceed 9.1 Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority. 32.2 The Date Of The Bidder’s Receipt Of The Notice To Proceed Will Be Regarded As The Effective Date Of The Contract, Unless Otherwise Specified In The Bds. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Municipality Of Teresa The Name Of The Contract Is Construction Of Pathway With Retaining Wall At Barangay Dulumbayan. The Identification Number Of The Contract Is Dulumbayan 2024-10-003. 2 The Funding Source Is: The Government Of The Philippines (gop) Through 2024 Annual Budget Approved By Sangguniang Barangay In The Amount Of Two Hundred Thousand (200,000.00). The Name Of The Project Is Construction Of Pathway With Retaining Wall At Barangay Dulumbayan Compound 5.1 No Further Instructions. 5.2 No Treaty Or International Or Executive Agreement Allows Participation Of Foreign Bidders. Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause Error! Reference Source Not Found.. 5.4 The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.5 No Further Instructions. . 6.3 No Further Instructions. 7 No Further Instructions. 8 “not Applicable” No Further Instructions. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project . 10.1 The Procuring Entity’s Address Is: Dulumbayan Teresa, Rizal Tessie Sj. Feliciano Cp No.09951213085 12.1 No Further Instructions. 12.1(a)(i) “no Additional Requirements.” 12.1(a)(iii) No Further Instructions 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.2 The Abc Two Hundred Thousand (p 200,000.00). Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until November 26, 2024. 18.1 The Bid Security Shall Be In The Following Amount: 1. [insert 2% Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. [insert 5% Of Abc] If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2;18.3; And 18.4 The Bid Security Shall Be Valid November 26,, 2024. 18.5(a)(iv) 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 No Further Instructions. 20.3 Each Bidder Shall Submit One Original And Two Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Dulumbayan Teresa, Rizal. The Deadline For Submission Of Bids Is November 26 9:00 Am 24.1 The Place Of Bid Opening Is Conference Room, Barangay Hall Barangay Dulumbayan Teresa, Rizal The Date And Time Of Bid Opening Is November 26,2024, 9:00 Am 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Arithmetical Correction Allowed. 27.5 No Further Instructions. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 31.4(g) Construction Schedule And S-curve; Manpower Schedule; Construction Methods; Equipment Utilization Schedule; Construction Safety And Health Program Approved By The Department Of Labor And Employment; And Pert/cpm. 33.2 The Effective Date Of The Contract Is Upon Signing Of Both Parties. Special Conditions Of Contract Gcc Clause 1.17 The Intended Completion Date Is December 15, 2024 1.22 The Procuring Entity Is Barangay Dulumbayan, Teresa, Rizal. 1.23 The Procuring Entity’s Representative Is Noel C. Natividad, Teresa, Rizal 1.24 The Site Is Located At Dulumbayan ,teresa, Rizal And Is Defined In Drawings No. _____________________ 1.28 The Start Date Is On Or Before December 1, 2024. 1.31 The Works Consist Of Construction Of Pathway With Retaining Wall 2.3(h) None. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor N/a 6.5 The Contractor Shall Employ The Following Key Personnel: Civil Engineer; Foreman; Carpenter; Mason; Laborer; 7.1 At The Contractor’s Option The Performance Security Is To Be In Any Of The Following Form: (a) Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Confirmed By A Universal Or Commercial Bank In The Amount Of [insert Ten Percent (10%) Of The Contract Price]. (b) Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank [insert Ten Percent (10%) Of The Contract Price]. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security In The Amount Of [thirty Percent (30%) Of The Contract Price]. (d) Any Combination Of The Foregoing [ Proportionate To Share Of Form With Respect To Total Amount Of Security] 8.1 No Further Instructions. 9.1 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 10.1 None 12.5 Five (5) Years. 20.2 The Arbiter Is: Manuel T. Barba Barangay Dulumbayan, Teresa, Rizal 20.3 No Further Instructions. 25.1 No Further Instructions. 28.1 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. 30.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 10 Days Of Delivery Of The Letter Of Acceptance. 30.3 The Period Between Program Of Work Updates Is 10 Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is 1% Of The Contract Cost. 33.3 The Funding Source Is The Government Of The Philippines 36.1 No Further Instructions. 38.1 The Amount Of The Advance Payment Is 15% Of The Contract Price 39.1 No Further Instructions. 39.3 No Further Instructions. 41.2 No Further Instructions. 47.1 No Further Instructions. 50.1 The Date By Which “as Built” Drawings Are Required Is N/a 50.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is 1% Of The Contract Price. Bid Form Date: Iaeb No: Dulumbayan 2024-10-003 To: Barangay Dulumbayan Address: Dulumbayan Teresa, Rizal We, The Undersigned, Declare That: (a) We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Construction Of Pathway With Retaining Wall. (b) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: _______________________________________________________________________________________________; The Discounts Offered And The Methodology For Their Application Are:__________________________________________________________________________________________; (c) Our Bid Shall Be Valid For A Period Of ______________ Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (d) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of _________________________________________________________________________________________ Percent Of The Contract Price For The Due Performance Of The Contract; (e) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: _________________________________________________________; (f) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (g) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (h) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (i) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between And Address Of Procuring Entity] (hereinafter Called The“entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory

Description: Contract notice - general guideline, standard regulation Open procedure (deliveries) Standard software framework agreements 2024 The subject of the tender is the conclusion of framework agreements on the purchase and use of software products from a wide variety of manufacturers in the lots advertised and related services as well as other supplementary contractual services. Ekom21 is also tendering for services in lots 1 to 7 for Kiv Thuringia and Kdz Mainz, which will conclude their own framework agreements with the best-placed bidders. Ekom21 is tendering for services in lot 8 exclusively for itself. The framework agreements are intended to enable the procurement needs of the entitled parties, which have not yet been planned and specified in detail at the time of their conclusion, to be covered by means of demand-based call-up of the contractual services. Microsoft EA Sce Ees The subject of the tender for Lot 1 includes the purchase of all Microsoft software licenses available during the term of the framework agreement via a specially authorized trading partner under the validity of various Microsoft discount and license conditions and corresponding contract accessions such as "Enterprise Agreement", "Server Cloud Enrollment", "Education Enrollment Solution", "Open Value", "Open Value Subscription" and "Open Value Subscription Education Solution": - Number of accessions: 90 (EA, Sce, Ov and Ovs), - Number of education: 32 Ovs-es and Ees. For the purpose of specifying the products, reference is made to the current product list from Microsoft (currently available under Microsoft Product Terms: https://www.microsoft.com/licensing/terms/de-de/welcome/welcomepage?msockid=0f47a30192cf67092c9fb615932666d3). It is intended to conclude framework agreements with up to 3 economic operators in Lot 1. The details can be found in the tender documents, in particular the contractual conditions, the service description and the price list. Over the standard contract period of the framework agreement in the notice, the contracting authority estimates a contract value of EUR 125,000,000.00 (net) for Ekom21, EUR 10,000,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 145,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Microsoft Select Plus and CSP The subject matter of Lot 2 includes the purchase of all Microsoft software licenses available during the term of the framework agreement via a specially authorized trading partner under the validity of various Microsoft discount and license conditions of the corresponding contract accessions "SelectPlus" and "Cloud Solution Provider": - Number of accessions: 2 (SelectPlus-gov, SelectPlus-edu); - CSP booking portal with Ekom21 as Tier 2 partner For the purpose of specifying the products, reference is made to the current product list of Microsoft (currently available under Microsoft Product Terms: https://www.microsoft.com/licensing/terms/de-de/welcome/welcomepage?msockid=0f47a30192cf67092c9fb615932666d3). It is intended to conclude a framework agreement with one (1) economic operator in Lot 2. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract period of the framework agreement in the announcement, the client estimates a contract value of EUR 19,000,000.00 (net) for Ekom21, EUR 4,000,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 30,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Standard software infrastructure The subject of the tender for lot 3 includes the purchase of standard infrastructure software from various manufacturers, apart from Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to 3 economic operators in Lot 3. The details can be found in the tender documents, in particular the contract conditions as well as the service description and the price list. Over the standard contract term of the framework agreement in the notice, the contracting authority estimates a contract value of 13,000,000.00 euros (net) for Ekom21, 4,000,000.00 euros (net) for Kiv Thüringen and 5,000,000.00 euros (net) for Kdz Mainz. The maximum value for this lot is set at a total of 24,000,000.00 euros (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Standard software virtualization backup and recovery The subject matter of the tender for Lot 4 includes the purchase of standard virtualization software from various manufacturers, with the exception of Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to 3 economic operators in Lot 4. The details can be found in the tender documents, in particular the contractual conditions, the service description and the price list. Over the standard contract period of the framework agreement in the notice, the contracting authority estimates a contract value of EUR 65,000,000.00 (net) for Ekom21, EUR 21,500,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 95,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Standard software security The subject of the tender for Lot 5 includes the purchase of standard security software from various manufacturers, except Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to 3 economic operators in Lot 5. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract term of the framework agreement in the notice, the contracting authority estimates a contract value of EUR 18,000,000.00 (net) for Ekom21, EUR 6,000,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 30,000,000.00 (net). The estimated contract value is based on experience from recent years, including estimated additional requirements. Standard software Document software The subject of the tender for Lot 6 includes the purchase of standard document software from various manufacturers, except Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to three economic operators in Lot 6. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract term of the framework agreement in the notice, the client estimates a contract value of EUR 8,000,000.00 (net) for Ekom21, EUR 2,500,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 18,000,000.00 (net). The estimated contract value is based on experience from recent years, including estimated additional requirements. Standard software service The subject of the tender for lot 7 includes the purchase of support, configuration and adaptation services (installation, initial instruction, training of administrators, configuration, application modernization) for standard software from various manufacturers. The services can be provided on site or remotely. It is intended to conclude framework agreements with up to 3 economic operators in lot 7. The details can be found in the tender documents, in particular the contractual conditions, the service description and the price list. Over the standard contract term of the framework agreement in the notice, the client estimates a contract value of EUR 4,000,000.00 (net) for Ekom21, EUR 2,000,000.00 (net) for Kiv Thüringen and EUR 1,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 8,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Mekyska Management Consultant IT-cost-director The subject of the tender for Lot 8 includes the purchase of Mekyska Management Consultant IT-cost-director. It is intended to conclude a framework agreement with an economic operator in Lot 8. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract period of the framework agreement of the notice, Ekom21 estimates a contract value of EUR 2,000,000.00 (net). The maximum value for this lot is set at a total of EUR 3,000,000.00 (net). The estimated contract value is based on the experience of the last few years, including estimated additional requirements.

Description: Contract notice - general guideline, standard regulation Open procedure (deliveries) Standard software framework agreements 2024 The subject of the tender is the conclusion of framework agreements on the purchase and use of software products from a wide variety of manufacturers in the lots advertised and related services as well as other supplementary contractual services. Ekom21 is also tendering for services in lots 1 to 7 for Kiv Thuringia and Kdz Mainz, which will conclude their own framework agreements with the best-placed bidders. Ekom21 is tendering for services in lot 8 exclusively for itself. The framework agreements are intended to enable the procurement needs of the entitled parties, which have not yet been planned and specified in detail at the time of their conclusion, to be covered by means of demand-based call-up of the contractual services. Microsoft EA Sce Ees The subject of the tender for Lot 1 includes the purchase of all Microsoft software licenses available during the term of the framework agreement via a specially authorized trading partner under the validity of various Microsoft discount and license conditions and corresponding contract accessions such as "Enterprise Agreement", "Server Cloud Enrollment", "Education Enrollment Solution", "Open Value", "Open Value Subscription" and "Open Value Subscription Education Solution": - Number of accessions: 90 (EA, Sce, Ov and Ovs), - Number of education: 32 Ovs-es and Ees. For the purpose of specifying the products, reference is made to the current product list from Microsoft (currently available under Microsoft Product Terms: https://www.microsoft.com/licensing/terms/de-de/welcome/welcomepage?msockid=0f47a30192cf67092c9fb615932666d3). It is intended to conclude framework agreements with up to 3 economic operators in Lot 1. The details can be found in the tender documents, in particular the contractual conditions, the service description and the price list. Over the standard contract period of the framework agreement in the notice, the contracting authority estimates a contract value of EUR 125,000,000.00 (net) for Ekom21, EUR 10,000,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 145,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Microsoft Select Plus and CSP The subject matter of Lot 2 includes the purchase of all Microsoft software licenses available during the term of the framework agreement via a specially authorized trading partner under the validity of various Microsoft discount and license conditions of the corresponding contract accessions "SelectPlus" and "Cloud Solution Provider": - Number of accessions: 2 (SelectPlus-gov, SelectPlus-edu); - CSP booking portal with Ekom21 as Tier 2 partner For the purpose of specifying the products, reference is made to the current product list of Microsoft (currently available under Microsoft Product Terms: https://www.microsoft.com/licensing/terms/de-de/welcome/welcomepage?msockid=0f47a30192cf67092c9fb615932666d3). It is intended to conclude a framework agreement with one (1) economic operator in Lot 2. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract period of the framework agreement in the announcement, the client estimates a contract value of EUR 19,000,000.00 (net) for Ekom21, EUR 4,000,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 30,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Standard software infrastructure The subject of the tender for lot 3 includes the purchase of standard infrastructure software from various manufacturers, apart from Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to 3 economic operators in Lot 3. The details can be found in the tender documents, in particular the contract conditions as well as the service description and the price list. Over the standard contract term of the framework agreement in the notice, the contracting authority estimates a contract value of 13,000,000.00 euros (net) for Ekom21, 4,000,000.00 euros (net) for Kiv Thüringen and 5,000,000.00 euros (net) for Kdz Mainz. The maximum value for this lot is set at a total of 24,000,000.00 euros (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Standard software virtualization backup and recovery The subject matter of the tender for Lot 4 includes the purchase of standard virtualization software from various manufacturers, with the exception of Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to 3 economic operators in Lot 4. The details can be found in the tender documents, in particular the contractual conditions, the service description and the price list. Over the standard contract period of the framework agreement in the notice, the contracting authority estimates a contract value of EUR 65,000,000.00 (net) for Ekom21, EUR 21,500,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 95,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Standard software security The subject of the tender for Lot 5 includes the purchase of standard security software from various manufacturers, except Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to 3 economic operators in Lot 5. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract term of the framework agreement in the notice, the contracting authority estimates a contract value of EUR 18,000,000.00 (net) for Ekom21, EUR 6,000,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 30,000,000.00 (net). The estimated contract value is based on experience from recent years, including estimated additional requirements. Standard software Document software The subject of the tender for Lot 6 includes the purchase of standard document software from various manufacturers, except Microsoft. For the purpose of specifying the products, reference is made to the tender documents and the list of manufacturers to be submitted by the tenderer. It is intended to conclude framework agreements with up to three economic operators in Lot 6. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract term of the framework agreement in the notice, the client estimates a contract value of EUR 8,000,000.00 (net) for Ekom21, EUR 2,500,000.00 (net) for Kiv Thüringen and EUR 5,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 18,000,000.00 (net). The estimated contract value is based on experience from recent years, including estimated additional requirements. Standard software service The subject of the tender for lot 7 includes the purchase of support, configuration and adaptation services (installation, initial instruction, training of administrators, configuration, application modernization) for standard software from various manufacturers. The services can be provided on site or remotely. It is intended to conclude framework agreements with up to 3 economic operators in lot 7. The details can be found in the tender documents, in particular the contractual conditions, the service description and the price list. Over the standard contract term of the framework agreement in the notice, the client estimates a contract value of EUR 4,000,000.00 (net) for Ekom21, EUR 2,000,000.00 (net) for Kiv Thüringen and EUR 1,000,000.00 (net) for Kdz Mainz. The maximum value for this lot is set at a total of EUR 8,000,000.00 (net). The estimated contract value is based on experience over the last few years, including estimated additional requirements. Mekyska Management Consultant IT-cost-director The subject of the tender for Lot 8 includes the purchase of Mekyska Management Consultant IT-cost-director. It is intended to conclude a framework agreement with an economic operator in Lot 8. The details can be found in the tender documents, in particular the contract conditions, the service description and the price list. Over the standard contract period of the framework agreement of the notice, Ekom21 estimates a contract value of EUR 2,000,000.00 (net). The maximum value for this lot is set at a total of EUR 3,000,000.00 (net). The estimated contract value is based on the experience of the last few years, including estimated additional requirements.

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity Named In The Bds Invites Bids For The Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications. 1.2 The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 Unless Otherwise Specified In The Bds, The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019; (ii) “fraudulent Practice” Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; Or (f) (g) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid. A Bidder Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors And Controlling Share Holders Or Members; And (e) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2 Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds. (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have Completed A Single Largest Completed Contract (slcc) Similar To The Project The Value Of Which, Adjusted If Necessary, By The Bidder To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(ii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). If The Prospective Bidder Opts To Submit A Committed Line Of Credit (clc), It Must Be At Least Equal To Ten Percent (10%) Of The Abc To Be Bid And Issued By A Universal Or Commercial Bank. 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Viii – Bidding Forms As Required In Itb Clause 12.1(b)(iv). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.4; (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7 Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8 The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Non-refundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Comply With The Eligibility Criteria And The Documentary Requirements Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Goods Shall Be Disallowed. 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarifications On Any Part Of The Bidding Documents For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts Within The Period Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) Name Of The Contract; (ii.2) Date Of The Contract; (ii.3) Contract Duration; (ii.4) Owner's Name And Address; (ii.5) Kinds Of Goods; (ii.6) (ii.7) (ii.8) (ii.9) For Statement Of Ongoing Contracts- Amount Of Contract And Value Of Outstanding Contracts; For Statement Of Slcc-amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa's Consumer Price Index, If Necessary For The Purpose Of Meeting The Slcc Requirement; Date Of Delivery; And End User's Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, If Completed, Which Shall Be Attached To The Statements. (iii) The Prospective Bidder’s Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Data Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). Or A Committed Line Of Credit From A Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects) Class "b" Document: (iv) If Applicable, The Jva In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check, Issued By A Universal Or Commercial Bank; Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank, If Issued By A Foreign Bank; Or (i.3) (i.4) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; Bid Securing Declaration (ii) (iii) Statement Of Compliance To The Schedule Of Requirements Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And (iv) Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form, Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds 13.2 Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 15. Bid Prices 15.1 The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: (a) For Goods Offered From Within The Procuring Entity’s Country (i) The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. (b) For Goods Offered From Abroad: (i) Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. (ii) The Price Of Other (incidental) Services, If Any, Listed In The Bds 15.5 Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6 All Bid Prices Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be Equal To A Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Viii – Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail. 19.4 Each And Every Page Of The Bid Form, Including The Schedule Of Prices, Under Section Viii Hereof, Shall Be Signed By The Duly Authorized Representative/s Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12in One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Computerized In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 1.1, (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Duly Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison 24.4 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions 24.5 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.6 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.7 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.8 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison, And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Domestic Preference 27.1 Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2 A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3 A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 28.2 The Lowest Calculated Bid Shall Be Determined In Two Steps. (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids. (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 28.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form. 28.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 29. Post-qualification 29.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 29.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns In The Form Specified In The Bds; (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 29.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 29.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Bid Price Or Its Calculated Bid Price, Whichever Is Lower. 29.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated Responsive Bid Is Determined For Contract Award. 29.6 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 30. Reservation Clause 30.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 30.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 30.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 31. Contract Award 31.1 Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4 At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi – Schedule Of Requirements. 32. Signing Of The Contract 32.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 32.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 32.4 The Following Documents Shall Form Part Of The Contract. (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 33.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity: Form Of Performance Security Amount Of Performance Security (not Less Than The Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 33.3 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184 Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Brgy. Botong, Badiangan, Iloilo 1.2 The Reference Is: Supply And Delivery Of Materials For The Concreting Of Canal, Brgy. Botong, Badiangan, Iloilo. Project Identification No. 2024 – 044 – B - Pa. 2.0 The Funding Source Is 20% Barangay Development Fund 2024 20% Barangay Development Fund 2023 Of Barangay Botong, Badiangan, Iloilo In The Amount Of P 267,700.00 5.1 No Further Instructions. 5.2 None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. 5.4 The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(ii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. For This Purpose, Similar Contracts Shall Refer To The Supply And Delivery Of Goods That Is/are Similar In Type And Brand To The Goods Being Bidded-out. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 Not Applicable. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mr. Humbert S. Recomono Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09198501252 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized. 12.1(a)(ii) The Statement Of All Ongoing And Single Largest Completed Government And Private Contracts Shall Include All Such Contracts Within The Last Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 No Additional Requirements. 13.2 The Approved Budget For The Contract (abc) Is: P 267,700.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 15.4(a)(iii) No Incidental Services Required. 15.4(b) Not Applicable. 15.5 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 15.6 Extraordinary Circumstances Refer To Events That May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. 16.1(b) The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Shall Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or 2. P (5% Of Abc), If Bid Security Is In Surety Bond 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: November 25, 2024; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: November 25, 2024; 09:00 A.m. 25.1 No Further Instructions. 27.1 No Further Instructions. 28.3 No Further Instructions. 28.3(b) Modification Of Bids Is Not Allowed. 28.5 No Further Instructions. 29.2(a) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 29.2(d) None Required. 32.4(g) None Required. 34.2 The Effective Date Of The Contract Is Seven (7) Calendar Days Upon Receipt Of Notice To Proceed Issued By The Procuring Entity. Section Iv. General Conditions Of Contract 1. Definitions 1.1 In This Contract, The Following Terms Shall Be Interpreted As Indicated. (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc,. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer, Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc, (j) The “funding Source” Means The Organization Named In The Scc,. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc, (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1 The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity. (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices “ Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Effect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent If From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1 Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2 A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1 The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi – Schedule Of Requirements. 6.2 This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc 7. Subcontracting 7.1 Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 7.2 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 8. Procuring Entity’s Responsibilities 8.1 Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2 The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc.. 10. Payment 10.1 Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2 The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3 Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4 Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1 Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. 11.2 For Goods Supplied From Abroad, The Terms Of Payment Shall Be As Follows: (a) On Contract Signature: Fifteen Percent (15%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In Section Viii. Bidding Forms. (b) On Delivery: Sixty-five Percent (65%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. (c) On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. 11.3 All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4 Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions. (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc 13.5 In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 14. Use Of Contract Documents And Information 14.1 The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2 Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii – Technical Specifications,; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1 The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And Section Vii – Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. 16.2 If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3 The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4 The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5 The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1 The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2 The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least One Percent (1%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least One Percent (1%) Of The Contract Price Or Other Such Amount If So Specified In The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity 17.5 If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law 18 Delays In The Supplier’s Performance 18.1 Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi – Schedule Of Requirements. 18.2 If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3 Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clause 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In Thescc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2 If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3 Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4 Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5 Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21 Liability Of The Supplier 21.1 Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2 Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1 The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 22.3 If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation. (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract.. 23.2 In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3 In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. 25. Termination For Convenience 25.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 25.2 The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3 If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1 The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1 The Following Provisions Shall Govern The Procedures For Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Supplier’s Receipt Of The Notice; (f) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V – Special Conditions Of Contract Scc Clause 1.1(g) The Procuring Entity Is Barangay Botong, Badiangan, Iloilo. 1.1(i) The Supplier Is ________________________________. 1.1(j) The Funding Source Is Through The 20% Barangay Development Fund 2024 And 20% Barangay Development Fund 2023 Of Barangay Botong, Badiangan, Iloilo. The Total Approved Budget For The Contract Is Two Hundred Sixty Seven Thousand Seven Hundred Pesos Only (ᵽ 267,700.00) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At Brgy. Botong, Badiangan, Iloilo. 5.1 The Procuring Entity’s Address For Notices Is: Hon. Suzette A. Mamon Municipal Mayor Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Tel. No: Mayor’s Office (033-320-0807) 6.2 The Additional Requirements For The Completion Of This Contract Are As Follows: Delivery And Documents - For Purposes Of The Contract(s), “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of The Contract(s) Shall Be As Follows: For Domestic Suppliers, “the Delivery Terms Applicable To This Contract Are Delivered To Brgy. Botong, Badiangan, Iloilo. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi – Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: Upon Delivery Of Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Hon. Marites Saladero, Punong Barangay, Brgy. Botong, Badiangan, Iloilo. Incidental Services - The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi – Schedule Of Requirements. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation - Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights - The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 9 Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. 10.1 No Further Instructions. 10.4 No Further Instructions. 13.1 No Further Instructions. 13.4 No Further Instructions. 13.4 (c) No Further Instructions. 16.1 The Inspection And Test That Will Be Conducted Is Physical Inspection. 17.3 The Goods Shall Have A Warranty Period Of Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed Whichever Is Earlier. 17.4 & 17.5 The Period For Correction Of Defects In The Warranty Period Is Seven (7) Calendar Days From Either Verbal Or Written Notification. 19 The Applicable Rate Is One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” 21.1 No Additional Provisions. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Days/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site Item No. Description Quantity Total Delivered, Days/months 1. Portland Cement 363 Bags 363 Bags 30 Calendar Days Upon Receipt Of P.o. 2. Washed Sand 7 Cu.m. 7 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 3. ¾ Gravel 11 Cu.m. 11 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 4. 10mmø Dsb 330 Lgths. 330 Lgths. 30 Calendar Days Upon Receipt Of P.o. 5. #16 Tie Wire 15 Kgs. 15 Kgs. 30 Calendar Days Upon Receipt Of P.o. 6. 4” Chb 2200 Pcs. 2200 Pcs. 30 Calendar Days Upon Receipt Of P.o. 7. ¼ Angle Bar 2x2 3 Lgths. 3 Lgths. 30 Calendar Days Upon Receipt Of P.o. 8. 16mmø Dsb 10 Lgths. 10 Lgths. 30 Calendar Days Upon Receipt Of P.o. 9. Welding Rod 5 Kgs. 5 Kgs. 30 Calendar Days Upon Receipt Of P.o. 10. Cutting Disc 4” 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 11. Epoxy Primer Gray 1 Gal. 1 Gal. 30 Calendar Days Upon Receipt Of P.o. 12. Paint Brush 2” 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 13. ¼ Ord. Plywood 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 14. Tarpaulin W/ Print 4x8 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 15. C.w. Nails 4” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 16. C.w. Nails 1 ½” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 17. 2x2x8 Good Lumber 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Section Vii. Technical Specifications Note: In The Statement Of Compliance Column, Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Goods Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Item No. Specifications Statement Of Compliance Cross Reference 1. Portland Cement 2. Washed Sand 3. ¾ Gravel 4. 10mmø Dsb 5. #16 Tie Wire 6. 4” Chb 7. ¼ Angle Bar 2x2 8. 16mmø Dsb 9. Welding Rod 10. Cutting Disc 4” 11. Epoxy Primer Gray 12. Paint Brush 2” 13. ¼ Ord. Plywood 14. Tarpaulin W/ Print 4x8 15. C.w. Nails 4” 16. C.w. Nails 1 ½” 17. 2x2x8 Good Lumber Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: __________________________ Section Viii. Bidding Forms Bid Form Date: Project Identification No.: To: [name And Address Of Procuring Entity] Gentlemen And/or Ladies: Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Pbds For The Sum Of [total Bid Amount In Words And Figures] Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors, And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein Or In The Price Schedules. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid, Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. We Likewise Certify/ Confirm That The Undersigned, [ For Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter's Behalf For The [name Of Project] Of The [name Of Procuring Entity] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 20______. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten 1 2 3 4 5 6 7 8 9 10 Item No. Description Country Of Origin Quantity Unit Unit Price Exw Per Item Transportation And Insurance And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price Per Unit (col 5 + 6 + 7 + 8) Total Price Delivered Final Destination (col. 9) X (col. 4) 1. Portland Cement 363 Bags 2. Washed Sand 7 Cu.m. 3. ¾ Gravel 11 Cu.m. 4. 10mmø Dsb 330 Lgths. 5. #16 Tie Wire 15 Kgs. 6. 4” Chb 2200 Pcs. 7. ¼ Angle Bar 2x2 3 Lgths. 8. 16mmø Dsb 10 Lgths. 9. Welding Rod 5 Kgs. 10. Cutting Disc 4” 2 Pcs. 11. Epoxy Primer Gray 1 Gal. 12. Paint Brush 2” 1 Pc. 13. ¼ Ord. Plywood 1 Sheet 14. Tarpaulin W/ Print 4x8 1 Sheet 15. C.w. Nails 4” 1 Kg. 16. C.w. Nails 1 ½” 1 Kg. 17. 2x2x8 Good Lumber 6 Pcs. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Omnibus Sworn Statement Republic Of The Philippines ) Iloilocity ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S, 1930, As Amended, Or The Revised Penal Code, In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its On-going Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Including Contracts Awarded But Not Yet Started, If Any, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Outstanding Contracts, (e) Date Of Delivery, And (f) Notice Of Award, Notice To Proceed, Contract Of Agreements, Purchase Orders And Certificate Of Accomplishments Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Contract (slcc) Which Includes Its Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Awarded And Completed Contracts, (e) Date Of Delivery, (f) End User’s Acceptance And Or Official Receipt(s) Issued For The Contract Supported By Notice Of Award, Notice To Proceed, Contract/ Purchase Order, Certificate Of Completion And Certificate Of Acceptance.(latest) Financial Documents 4 The Prospective Bidder’s Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Or A Committed Line Of Credit From Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects). Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence, Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid . (latest) Technical Documents 1 2 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. Statement Of Compliance To The Schedule Of Requirements 3 4 Statement Of Compliance To Technical Specifications Taking Into Consideration The Notations Stated In Section Vii Of The Bidding Documents. Authority Of The Signatory 5 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid Second Envelope Financial Documents 1 Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4 And The Issued Form In Section Viii Of The Bidding Documents. 2 If A Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti (if A Bidder Is A Sole Proprietor), By Sec (if Bidder Is A Partnership, Or A Corporation); And Cda (if Bidder Is A Cooperative)issued In Accordance With Itb Clause 27, If Applicable, That: A) Sole Proprietor Is A Citizen Of The Philippines, Corporation, Cooperative, Or Association Is A Duly Organized Under The Laws Of The Philippines With At Least Seventy Five (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines; B) Habitually Established In Business And Habitually Engaged In The Manufacturing Or Sale Of The Merchandise Covered By His Bid, And C) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or The Invitation To Bid.